DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
The claims 1, 3-12 and 15 are currently pending and have been examined. Applicant has amended claims 1, 4, 5, 9, and 15 and cancelled claims 2, 13, 14, and 16-20.
Response to Arguments/Amendments
The amendment filed February 17, 2025 has been entered. Claims 1, 3-12 and 15 are currently pending in the Application. Applicant’s amendments to the claims have overcome the 35 U.S.C. 112 rejection previously set forth in the Non-Final Rejection mailed November 17th, 2025.
Applicant’s arguments with respect to claim(s) 1, 3-12 and 15 under 35 U.S.C. 102 and 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments regarding the 35 U.S.C. 101 mental process rejection have been fully considered but they are not persuasive.
The Examiner has carefully considered applicant’s arguments and respectfully disagrees. Applicant argues that the amended claims cannot be performed in the human mind because they require retrieving data from a vehicle device, automatically setting event detection parameters for a telematics device, receiving vehicle behavior data in real-time, and generating a log based on the real-time data. Applicant further asserts the amended claims integrate any alleged judicial exception into a practical application because the claims provide for a set of conditions to trigger data collection and then collect data when those conditions are met, similar to Example 40 of the 2019 PEG. Applicant lastly asserts that the Examiner has failed to consider the additional elements as a whole and has therefore failed to establish a prima facie case of ineligibility (See pages 8-14 of Applicant’s remarks).
The Examiner has considered such arguments; however, when given their broadest reasonable interpretation in light of the specification, the claims remain directed to a judicial exception—specifically, to methods of organizing human activity and mental processes. The claimed steps of obtaining a vehicle identification number, retrieving vehicle data, determining whether vehicle characteristic data is available, determining event detection parameters based on the available vehicle characteristic data, monitoring vehicle behavior, determining whether a threshold value has been exceeded, and generating a log reflect data collection, evaluation, analysis, and reporting of results—activities that can be performed mentally or with pen and paper. Performing these steps on a vehicle device, telematics device, processor, memory, and accelerometer merely automates what a person could do mentally or manually and does not transform the nature of the claim into a technological process. Any alleged technical improvement is not shown in the steps of the claims, which merely describe generic data collection, analysis, and reporting operations performed by conventional vehicle-monitoring components. While Applicant argues the claims improve vehicle behavior monitoring, any such benefit is directed to the collection and evaluation of vehicle information and the generation of monitoring results rather than to an improvement in the functioning of the telematics device, processor, memory, accelerometer, or other computer technology itself. Accordingly, the Examiner finds that the amended claims do not include additional elements that meaningfully integrate the judicial exception into a practical application or that amount to significantly more than the exception itself. The rejection under 35 U.S.C. 101 is therefore maintained for claims 1, 3-12 and 15.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-12 and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In January, 2019 (updated October 2019), the USPTO released new examination guidelines setting forth a two-step inquiry for determining whether a claim is directed to non-statutory subject matter. According to the guidelines, a claim is directed to non-statutory subject matter if:
STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), or
STEP 2: the claim recites a judicial exception, e.g. an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis:
STEP 2A (PRONG 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon?
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Using the two-step inquiry, it is clear that claims 1, 4, and 15 are directed toward non-statutory subject matter, as shown below:
STEP 1: Do claims 1, 4, and 15 fall within one of the statutory categories? Yes. The claims are directed toward a method including at least one step, a method including at least one step, and an apparatus.
STEP 2A (PRONG 1): Is the claim directed to a law of nature, a natural phenomenon or an abstract idea? Yes, the claims are directed to an abstract idea.
With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter that are considered abstract ideas:
Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations;
Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
Mental processes – concepts that are practicably performed in the human mind (including an observation, evaluation, judgment, opinion).
Claim 1. A method for automatically calibrating a telematics device in a vehicle, the method comprising:
obtaining, from a vehicle device of the vehicle, a vehicle identification number (VIN);
retrieving a set of vehicle data using the VIN;
determining whether a gross vehicle weight rating (GVWR) is included in the set of vehicle data;
automatically setting event detection parameters for the telematics device based on a hierarchical determination of available vehicle physical characteristics comprising: setting a first group of event detection parameters for the telematics device based on the GVWR if the GVWR is included in the set of vehicle data; determining whether a vehicle type or a body class is included in the set of vehicle data if the GVWR is not included in the set of vehicle data;
determining whether a number of engine cylinders is included in the set of vehicle data if the GVWR is not included in the set of vehicle data;
setting a second group of event detection parameters based on the vehicle type or the body class and number of engine cylinders if the vehicle type or the body class and the number of engine cylinders are included in the set of vehicle data;
determining whether an engine displacement or an engine power is included in the set of vehicle data if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data or if the vehicle type or the body class is not included in the set of vehicle data;
setting a third group of event detection parameters based on the vehicle type or the body class and the engine displacement or the engine power if the vehicle type or the body class and the engine displacement or the engine power is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data;
setting a fourth group of event detection parameters based on the vehicle type or the body class if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data;
setting a fifth group of event detection parameters based on the number of engine cylinders and the engine displacement or the engine power if the number of engine cylinders and the engine displacement or the engine power are included in the set of vehicle data and the vehicle type and the body class are not included in the set of vehicle data;
setting a sixth group of event detection parameters based on the number of engine cylinders if the number of engine cylinders is included in the set of vehicle data and the vehicle type, the body class, the engine displacement, and the engine power are not included in the set of vehicle data;
setting a seventh group of event detection parameters based on the engine displacement or the engine power if the engine displacement or the engine power are included in the set of vehicle data and the vehicle type, the body class, and the number of engine cylinders are not included in the set of vehicle data;
and setting an eighth group of event detection parameters to a default setting if the vehicle type, the body class, the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data;
monitoring, in real-time and using the telematics device, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
making a determination, based on the monitoring, that a threshold value of a parameter of a set one of the first group, the second group, the third group, the fourth group, the fifth group, the sixth group, the seventh group, and the eighth group has been exceeded;
and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
The method in claim 1, specifically the limitations emphasized above, is a mental process that can be practicably performed in the human mind and, therefore, an abstract idea. It merely consists of determining if a gross vehicle weight rating is included in the set of vehicle data, automatically setting event detection parameters comprising: setting a first group, determining whether a vehicle type of a body class is included in the set of vehicle data, determining whether a number of engine cylinders is included in the set, setting a second group of event detection parameters, determine whether an engine displacement or an engine power is included in the set of vehicle data, setting a third group, setting a fifth group, setting a sixth group, setting a seventh group, setting an eight group, monitoring vehicle behavior, and making a determination. This is equivalent to a person mentally deciding if a gross vehicle weight rating is included in the vehicle data set, assigning event detection parameters, deciding if a vehicle type of a body class is included in the vehicle data set, deciding whether a number of cylinders is included in the set, assigning a second group of event detection parameters, deciding if engine displacement or power is in the set, assigning a third through eighth group, observing vehicle behavior, and deciding. Notably, the claim does not positively recite any limitations regarding the execution of the vehicle.
Claim 4. A method for automatically calibrating a telematics device in a vehicle, the method comprising:
obtaining a vehicle identification number (VIN);
retrieving a set of vehicle data using the VIN;
making a first determination that a first portion of vehicle characteristic data is included in the set of vehicle data comprising engine displacement, engine power, and number of engine cylinders;
automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data;
monitoring, in real-time and using the event detection parameters, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
making a determination, based on the monitoring, that a threshold value of a parameter of the event detection parameters has been exceeded;
and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
The method in claim 4, specifically the limitations emphasized above, is a mental process that can be practicably performed in the human mind and, therefore, an abstract idea. It merely consists of making a first determination, automatically setting event detection parameters, monitoring vehicle behavior, and making a determination. This is equivalent to a person mentally making a decision, assigning event detection parameters, observing vehicle behavior, and making a decision. Notably, the claim does not positively recite any limitations regarding the execution of the path.
Claim 15. A system for automatically monitoring vehicle behavior, the system comprising:
a telematics device communicatively coupled to a vehicle, the telematics device comprising:
a memory;
and a processor programmed to:
obtain, from a vehicle device of the vehicle, a vehicle identification number (VTN);
retrieve a set of vehicle data using the VIN;
make a first determination that a first portion of vehicle characteristic data is not included in the set of vehicle data, wherein the first portion comprises gross vehicle weight rating, vehicle type, and body class;
make a third determination that a second portion of vehicle characteristic data is included in the set of vehicle data, wherein the second portion comprises engine displacement, engine power, and number of engine cylinders;
automatically set, in response to the first determination and the third determination, event detection parameters for the telematics device based on the second portion of vehicle characteristic data;
monitor, in real-time and using the event detection parameters after the setting and using the telematics device, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
make a second determination that a threshold value of the event detection parameters has been exceeded based on the monitoring;
and generate, in response to the second determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
The method in claim 15, specifically the limitations emphasized above, is a mental process that can be practicably performed in the human mind and, therefore, an abstract idea. It merely consists of making a first determination, making a third determination, automatically setting event detection parameters, monitoring vehicle behavior, and making a second determination. This is equivalent to a person mentally making a decision, making another decision, assigning event detection parameters, observing vehicle behavior, and making a decision. Notably, the claim does not positively recite any limitations regarding the execution of the path.
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? No, the claims do not recite additional elements that integrate the judicial exception into a practical application.
With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate the judicial exception into a practical application, the guidelines provide the following exemplary considerations that are indicative that an additional element (or combination of elements) may have integrated the judicial exception into a practical application:
an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
While the guidelines further state that the exemplary considerations are not an exhaustive list and that there may be other examples of integrating the exception into a practical application, the guidelines also list examples in which a judicial exception has not been integrated into a practical application:
an additional element merely recites the words “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea;
an additional element adds insignificant extra-solution activity to the judicial exception; and
an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.
In the present case, the additional limitations beyond the above-noted abstract ideas are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the abstract “idea”).
Claim 1. A method for automatically calibrating a telematics device in a vehicle, the method comprising:
obtaining, from a vehicle device of the vehicle, a vehicle identification number (VIN);
retrieving a set of vehicle data using the VIN;
determining whether a gross vehicle weight rating (GVWR) is included in the set of vehicle data;
automatically setting event detection parameters for the telematics device based on a hierarchical determination of available vehicle physical characteristics comprising: setting a first group of event detection parameters for the telematics device based on the GVWR if the GVWR is included in the set of vehicle data; determining whether a vehicle type or a body class is included in the set of vehicle data if the GVWR is not included in the set of vehicle data;
determining whether a number of engine cylinders is included in the set of vehicle data if the GVWR is not included in the set of vehicle data;
setting a second group of event detection parameters based on the vehicle type or the body class and number of engine cylinders if the vehicle type or the body class and the number of engine cylinders are included in the set of vehicle data;
determining whether an engine displacement or an engine power is included in the set of vehicle data if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data or if the vehicle type or the body class is not included in the set of vehicle data;
setting a third group of event detection parameters based on the vehicle type or the body class and the engine displacement or the engine power if the vehicle type or the body class and the engine displacement or the engine power is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data;
setting a fourth group of event detection parameters based on the vehicle type or the body class if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data;
setting a fifth group of event detection parameters based on the number of engine cylinders and the engine displacement or the engine power if the number of engine cylinders and the engine displacement or the engine power are included in the set of vehicle data and the vehicle type and the body class are not included in the set of vehicle data;
setting a sixth group of event detection parameters based on the number of engine cylinders if the number of engine cylinders is included in the set of vehicle data and the vehicle type, the body class, the engine displacement, and the engine power are not included in the set of vehicle data;
setting a seventh group of event detection parameters based on the engine displacement or the engine power if the engine displacement or the engine power are included in the set of vehicle data and the vehicle type, the body class, and the number of engine cylinders are not included in the set of vehicle data;
and setting an eighth group of event detection parameters to a default setting if the vehicle type, the body class, the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data;
monitoring, in real-time and using the telematics device, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
making a determination, based on the monitoring, that a threshold value of a parameter of a set one of the first group, the second group, the third group, the fourth group, the fifth group, the sixth group, the seventh group, and the eighth group has been exceeded;
and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
Claim 1 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application. The step of “obtaining, from a vehicle device of the vehicle, a vehicle identification number (VIN)…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. The step of “retrieving a set of vehicle data…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. Further, the step of “generating…a log…” is recited at a high level of generality and amounts to mere post solution activity, which is a form of insignificant extra solution activity. The limitation “…from a vehicle device of the vehicle…” is claimed generically and are operating in their ordinary capacity such that it does not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception. The vehicle device and vehicle merely describe how to generally “apply” the otherwise mental judgments in a generic or general purpose computing environment. The vehicle device and vehicle are recited at a high level of generality and merely automate the obtaining, retrieving, determining, and setting steps. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of these computer components does not affect this analysis. See MPEP 2106.05(I). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Claim 4. A method for automatically calibrating a telematics device in a vehicle, the method comprising:
obtaining a vehicle identification number (VIN);
retrieving a set of vehicle data using the VIN;
making a first determination that a first portion of vehicle characteristic data is included in the set of vehicle data comprising engine displacement, engine power, and number of engine cylinders;
automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data;
monitoring, in real-time and using the event detection parameters, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
making a determination, based on the monitoring, that a threshold value of a parameter of the event detection parameters has been exceeded;
and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
Claim 4 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application. The step of “obtaining a vehicle identification number (VIN)…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. The step of “retrieving a set of vehicle data…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. Further, the step of “generating…a log…” is recited at a high level of generality and amounts to mere post solution activity, which is a form of insignificant extra solution activity.
Claim 15. A system for automatically monitoring vehicle behavior, the system comprising:
a telematics device communicatively coupled to a vehicle, the telematics device comprising:
a memory;
and a processor programmed to:
obtain, from a vehicle device of the vehicle, a vehicle identification number (VTN);
retrieve a set of vehicle data using the VIN;
make a first determination that a first portion of vehicle characteristic data is not included in the set of vehicle data, wherein the first portion comprises gross vehicle weight rating, vehicle type, and body class;
make a third determination that a second portion of vehicle characteristic data is included in the set of vehicle data, wherein the second portion comprises engine displacement, engine power, and number of engine cylinders;
automatically set, in response to the first determination and the third determination, event detection parameters for the telematics device based on the second portion of vehicle characteristic data;
monitor, in real-time and using the event detection parameters after the setting and using the telematics device, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device;
make a second determination that a threshold value of the event detection parameters has been exceeded based on the monitoring;
and generate, in response to the second determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination.
Claim 15 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application. The step of “obtain, from a vehicle device of the vehicle, a vehicle identification number (VIN)…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. Further, the step of “retrieve a set of vehicle data…” is recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra solution activity. Further, the step of “generate…a log…” is recited at a high level of generality and amounts to mere post solution activity, which is a form of insignificant extra solution activity. The limitations “A system for automatically monitoring vehicle behavior, the system comprising: a telematics device communicatively coupled to a vehicle, the telematics device comprising: a memory; and a processor programmed to” and “…from a vehicle device of the vehicle…” is claimed generically and are operating in their ordinary capacity such that it does not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception. The system comprising a telematics device coupled to a vehicle comprising a memory and processor, vehicle device, and vehicle merely describe how to generally “apply” the otherwise mental judgments in a generic or general purpose computing environment. The system comprising a telematics device coupled to a vehicle comprising a memory and processor, vehicle device, and vehicle are recited at a high level of generality and merely automate the obtaining, retrieving, determining, and setting steps. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of these computer components does not affect this analysis. See MPEP 2106.05(I). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? No, the claims do not recite additional elements that amount to significantly more than the judicial exception.
With regard to STEP 2B, whether the claims recite additional elements that provide significantly more than the recited judicial exception, the guidelines specify that the pre-guideline procedure is still in effect. Specifically, that examiners should continue to consider whether an additional element or combination of elements:
adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Regarding Step 2B of the 2019 PEG, independent claims 1, 4, and 15 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claims do not integrate the abstract idea into a practical application.
As discussed above with respect to integration of the abstract idea into a practical application, the additional limitation(s) of “…from a vehicle device of the vehicle…” and “A system for automatically monitoring vehicle behavior, the system comprising: a telematics device communicatively coupled to a vehicle, the telematics device comprising: a memory; and a processor programmed to” is/are merely means to apply the exception and do not amount to “significantly more”, as adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 573 U.S. at 225-26, 110 USPQ2d at 1984, are not sufficient to amount to significantly more than the judicial exception.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of “obtaining, from a vehicle device of the vehicle, a vehicle identification number (VIN)…”, “retrieving a set of vehicle data…”, “obtaining a vehicle identification number (VIN)…”, “generating…a log…”, “obtain, from a vehicle device of the vehicle, a vehicle identification number (VIN)…”, “retrieve a set of vehicle data…”, and “generate…a log…” are well-understood, routine, and conventional activities because the specification does not provide any indication that the obtaining, retrieving, determining, and setting steps are performed using anything other than a conventional computer. See also MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures |, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TL! Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and O/P Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere performance of an action is a well-understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). Hence, the claim is not patent eligible.
CONCLUSION
Thus, since claims 1, 4, and 15 are: (a) directed toward an abstract idea, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that claims 1 and 6 are directed towards non-statutory subject matter.
Dependent claims 1, 3-12 and 15 further limit the abstract idea without integrating the abstract idea into practical application or adding significantly more, such as the limitation in claim 3 that amounts to insignificant extra solution activity using a similar analysis applied to claim 1 above.
As such, claims 3 and 5-14 are rejected under 35 USC 101 as being drawn to an abstract idea without significantly more, and thus are ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-12, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEADBEATER (US 20220028186 A1) in view of Cawse (US 20210279976 A1) and Throop (US 20170092018 A1).
Regarding Claim 4, LEADBEATER teaches A method for automatically calibrating a telematics device in a vehicle, the method comprising: obtaining a vehicle identification number (VIN) (See at least paragraph [0041], “At block 404, the method 400 may include receiving vehicle data including a VIN and sensor data associated with the vehicle in response to the detecting the activation of the vehicle.”); retrieving a set of vehicle data using the VIN (See at least paragraph [0042], “At block 406, the method 400 may include correlating the VIN to the sensor data. For example, the processor 230 may correlate the VIN to the sensor data by linking this data together in, for example, a database of the memory 214” and paragraph [0043].); making a first determination that a first portion of vehicle characteristic data is included in the set of vehicle data (See at least paragraph [0028], “The recording system 210 may also include a location determining system 218 for determining a location-related parameters of the vehicle 102. For example, the location determining system 218 may determine one or more location-related parameters, such as location, position, speed, acceleration, and direction, among other parameters, of the vehicle 102. In some examples, the location determining system 218 may include or may be communicatively coupled with a global positioning system (“GPS”) device (or other latitude/longitude determination device), a speedometer, an accelerometer, a gyroscope, and/or the like, to determine the location-related parameters.”); monitoring, in real-time and using the event detection parameters, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device (See at least paragraph [0029], “The recording system 210 may also include sensors 220 mounted on the vehicle 102. The sensors 220 may capture data related to one or more aspects of the vehicle including an odometer reading a distance traveled, engine hours, vehicle temperature, vehicle speed from a speedometer, vehicle acceleration from an accelerometer, vehicle orientation from a gyroscope, etc. For aspects of the present disclosure, data from the sensors 220 and data from the location determining system 218 are referred to as sensor data and/or vehicle data”, paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102”, and paragraph [0032], “In an aspect, if a change in vehicles is determined, the telematics device 101 may communicate with the management server 104 to receive configuration information to configure the telematics device 101 to communicate with one or more components of the vehicle 102 and/or provide alerts to the management device 106 and/or a driver of the vehicle 102. In an example, the configuration information may contain information to configure the telematics device 101 to interpret data from the sensors 220. In another example, the configuration information may contain information to configure the telematics device 101 according to one or more vehicle parameters. For example, the configuration information may include speed rating data (such as recommended vehicle speed per guidelines and vehicle type) corresponding to the vehicle 102. Accordingly, the configuration information may include parameters and/or thresholds for determining when to alert the driver (or another individual) of a speed rating being exceeded.” The telematics device monitors vehicle data from sensors, including acceleration data obtained from an accelerometer, and is configured according to vehicle parameters.), making a determination, based on the monitoring, that a threshold value of a parameter of the event detection parameters has been exceeded (See at least paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102” and paragraph [0032], “In an aspect, if a change in vehicles is determined, the telematics device 101 may communicate with the management server 104 to receive configuration information to configure the telematics device 101 to communicate with one or more components of the vehicle 102 and/or provide alerts to the management device 106 and/or a driver of the vehicle 102. In an example, the configuration information may contain information to configure the telematics device 101 to interpret data from the sensors 220. In another example, the configuration information may contain information to configure the telematics device 101 according to one or more vehicle parameters. For example, the configuration information may include speed rating data (such as recommended vehicle speed per guidelines and vehicle type) corresponding to the vehicle 102. Accordingly, the configuration information may include parameters and/or thresholds for determining when to alert the driver (or another individual) of a speed rating being exceeded.” The system uses configured parameters and thresholds to determine, based on monitored vehicle data, when a threshold has been exceeded.).
LEADBEATER does not explicitly disclose, however, Cawse teaches comprising engine displacement, engine power, and number of engine cylinders (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components”, paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN”, and paragraph [0010], “In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system teaches decoding VIN information to identify engine-related attributes (including number of cylinders, displacement, and power) as VIN-encoded data fields.); and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination (See at least paragraph [0054], “The vehicular telemetry hardware system 30 receives data and information from the resident vehicular portion 42, the GPS module 33, and the accelerometer 43. The data and information is stored in non-volatile flash memory 35 as a data log. The data log may be further transmitted by the vehicular telemetry hardware system 30 over the vehicular telemetry communication system to the server 19 (see FIG. 1). The transmission may be controlled and set by the vehicular telemetry hardware system 30 at pre-defined intervals. The transmission may also be triggered as a result of a events such as a harsh event or an accident. The transmission may further be requested by a command sent from the application software running on the server 19” and paragraph [0101], “Once the VIN based accelerometer threshold has been set in the vehicular telemetry hardware system 30, the DTE telemetry microprocessor 31 and firmware monitor the data from the accelerometer 34 and compare the data with the VIN based accelerometer threshold to detect and report events to the remote site 44. Alternatively, the data is logged in the system and assessed remotely at the remote site 44.”).
LEADBEATER and Cawse do not explicitly disclose, however, Throop teaches automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data (See at least Fig. 7, 9, paragraph [0003], “A system includes at least one processor configured to, in response to receiving a VIN from a remote vehicle, transmit to the vehicle a parameter definition selected based on fields of the VIN to configure an ECU of the vehicle to enter a logging mode to capture, aggregate, and send operational data of the vehicle, and a bandwidth configuration file for a modem of the vehicle based on historical throughput requirements associated with operational data”, paragraph [0018], “Each ECU may be configured to provide a standard list of raw parameters. A list of these available raw parameters and their associated information may be stored in the vehicle information database. By identifying which ECUs are in the vehicle, the system may be able to identify which raw parameters are available to be processed into data streams to be provided to the vehicle information server. If the requested processed data streams are unavailable, but the raw parameters to produce it are available, the appropriate ECUs may be reflashed or otherwise reprogrammed with updated data reporting applications configured to produce the requested data stream. If a request for data is unsupported by the ECUs of the vehicle (e.g., it requires as an input a raw parameter that is not provided by the ECUs), a request-not-supported message may be returned to the vehicle information server”, paragraph [0045], “At operation 704, the vehicle 102 provides a vehicle 102 identifier in response to the event. In an example, the vehicle 102 may send a VIN of the vehicle 102 to the vehicle information server 114 to request the vehicle information server 114 to provide parameter definitions 116 for reporting for the vehicle 102. Based on the received vehicle 102 identifier, the vehicle information server 114 may be configured to identify the parameter definitions 116 compatible with the ECUs installed to the vehicle 102”, and paragraph [0046], “At operation 706, the vehicle 102 receives parameter definition 116 from the vehicle information server 114. For example, based on the determination of compatible parameter definitions 116, the vehicle information server 114 may identify one or more parameter definition 116 to provide to the vehicle 102. In an example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a unique identifier of the processed parameters 304. In another example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a reporting application 204 to be installed to a vehicle ECU 102 to receive raw parameters 302 and compute the processed parameters 304.” The system determines available vehicle parameters, determines compatible parameter definitions, and subsequently applies the compatible parameter definitions to configure the vehicle, with the determinations occurring in order, thereby teaching automatically setting event detection parameters based on a hierarchical determination of available data fields.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 12, LEADBEATER, Cawse, and Throop teach The method of claim 4, as set forth in the obviousness rejection above. LEADBEATER teaches wherein the event detection parameters comprise at least one of the following: speed, idle time, acceleration, acceleration duration, deceleration, deceleration duration, lateral acceleration, lateral acceleration duration, impact, and impact duration (See at least paragraph [0028], “The recording system 210 may also include a location determining system 218 for determining a location-related parameters of the vehicle 102. For example, the location determining system 218 may determine one or more location-related parameters, such as location, position, speed, acceleration, and direction, among other parameters, of the vehicle 102. In some examples, the location determining system 218 may include or may be communicatively coupled with a global positioning system (“GPS”) device (or other latitude/longitude determination device), a speedometer, an accelerometer, a gyroscope, and/or the like, to determine the location-related parameters.”).
Regarding Claim 15, LEADBEATER teaches A system for automatically monitoring vehicle behavior, the system comprising: a telematics device communicatively coupled to a vehicle, the telematics device comprising: a memory (See at least paragraph [0026], “Referring to FIG. 2, an example of a recording system 210 incorporated by the vehicle 102 is depicted. The recording system 210 may include a telematics device 101 including one or more processors 230 that, along with memory 214, communicate to effectuate certain functions or actions, as described herein. The one or more processors 230 may be configured to execute instructions or code stored on the memory 214. In an implementation, the instructions or code may include instructions or code for obtaining and providing the vehicle data 124 and/or the driver data 126 and associated VIN information 128, as described herein.”); and a processor programmed to: obtain, from a vehicle device of the vehicle, a vehicle identification number (VIN) (See at least paragraph [0041], “At block 404, the method 400 may include receiving vehicle data including a VIN and sensor data associated with the vehicle in response to the detecting the activation of the vehicle. For example, the processor 230 may communicate with the ECM 222 and/or one or more components (e.g., location determining system 218 or sensors 220) of the recording system 210, as illustrated by operations 304 and 306 of FIG. 3, in response to activation of the vehicle 102.”); retrieve a set of vehicle data using the VIN (See at least paragraph [0042], “At block 406, the method 400 may include correlating the VIN to the sensor data. For example, the processor 230 may correlate the VIN to the sensor data by linking this data together in, for example, a database of the memory 214” and paragraph [0043].); make a first determination that a first portion of vehicle characteristic data is not included in the set of vehicle data (See at least paragraph [0045], “At block 412, the method 400 may include transmitting, to the management server, an indication of the change of VIN condition with the VIN in response to the change of VIN condition occurring. For example, the processor 230 may transmit the indication, as illustrated by operation 310 of FIG. 3, to one or more of the management devices 106 in response to the change of VIN condition occurring.”); monitor, in real-time and using the event detection parameters, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device (See at least paragraph [0029], “The recording system 210 may also include sensors 220 mounted on the vehicle 102. The sensors 220 may capture data related to one or more aspects of the vehicle including an odometer reading a distance traveled, engine hours, vehicle temperature, vehicle speed from a speedometer, vehicle acceleration from an accelerometer, vehicle orientation from a gyroscope, etc. For aspects of the present disclosure, data from the sensors 220 and data from the location determining system 218 are referred to as sensor data and/or vehicle data”, paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102”, and paragraph [0032], “In an aspect, if a change in vehicles is determined, the telematics device 101 may communicate with the management server 104 to receive configuration information to configure the telematics device 101 to communicate with one or more components of the vehicle 102 and/or provide alerts to the management device 106 and/or a driver of the vehicle 102. In an example, the configuration information may contain information to configure the telematics device 101 to interpret data from the sensors 220. In another example, the configuration information may contain information to configure the telematics device 101 according to one or more vehicle parameters. For example, the configuration information may include speed rating data (such as recommended vehicle speed per guidelines and vehicle type) corresponding to the vehicle 102. Accordingly, the configuration information may include parameters and/or thresholds for determining when to alert the driver (or another individual) of a speed rating being exceeded.” The telematics device monitors vehicle data from sensors, including acceleration data obtained from an accelerometer, and is configured according to vehicle parameters.); make a second determination that a threshold value of the event detection parameters has been exceeded based on the monitoring (See at least paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102” and paragraph [0045], “At block 412, the method 400 may include transmitting, to the management server, an indication of the change of VIN condition with the VIN in response to the change of VIN condition occurring. For example, the processor 230 may transmit the indication, as illustrated by operation 310 of FIG. 3, to one or more of the management devices 106 in response to the change of VIN condition occurring.”).
LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the first portion comprises gross vehicle weight rating, vehicle type, and body class (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components”, paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN”, and paragraph [0010], “In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system teaches decoding VIN information to identify vehicle type (model/platform), body class (body style), and weight-based parameters corresponding to GVWR as VIN-encoded data fields.); make a third determination that a second portion of vehicle characteristic data is included in the set of vehicle data, wherein the second portion comprises engine displacement, engine power, and number of engine cylinders (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components”, paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN”, and paragraph [0010], “In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system teaches decoding VIN information to identify vehicle type (model/platform), body class (body style), and weight-based parameters corresponding to GVWR, and to include engine attributes such as displacement, power, and number of cylinders as VIN-encoded data fields.); and generate, in response to the second determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination (See at least paragraph [0054], “The vehicular telemetry hardware system 30 receives data and information from the resident vehicular portion 42, the GPS module 33, and the accelerometer 43. The data and information is stored in non-volatile flash memory 35 as a data log. The data log may be further transmitted by the vehicular telemetry hardware system 30 over the vehicular telemetry communication system to the server 19 (see FIG. 1). The transmission may be controlled and set by the vehicular telemetry hardware system 30 at pre-defined intervals. The transmission may also be triggered as a result of a events such as a harsh event or an accident. The transmission may further be requested by a command sent from the application software running on the server 19” and paragraph [0101], “Once the VIN based accelerometer threshold has been set in the vehicular telemetry hardware system 30, the DTE telemetry microprocessor 31 and firmware monitor the data from the accelerometer 34 and compare the data with the VIN based accelerometer threshold to detect and report events to the remote site 44. Alternatively, the data is logged in the system and assessed remotely at the remote site 44.”).
LEADBEATER and Cawse do not explicitly disclose, however, Throop teaches automatically set, in response to the first determination and the third determination, event detection parameters for the telematics device based on the second portion of vehicle characteristic data (See at least Fig. 7, 9, paragraph [0003], “A system includes at least one processor configured to, in response to receiving a VIN from a remote vehicle, transmit to the vehicle a parameter definition selected based on fields of the VIN to configure an ECU of the vehicle to enter a logging mode to capture, aggregate, and send operational data of the vehicle, and a bandwidth configuration file for a modem of the vehicle based on historical throughput requirements associated with operational data”, paragraph [0018], “Each ECU may be configured to provide a standard list of raw parameters. A list of these available raw parameters and their associated information may be stored in the vehicle information database. By identifying which ECUs are in the vehicle, the system may be able to identify which raw parameters are available to be processed into data streams to be provided to the vehicle information server. If the requested processed data streams are unavailable, but the raw parameters to produce it are available, the appropriate ECUs may be reflashed or otherwise reprogrammed with updated data reporting applications configured to produce the requested data stream. If a request for data is unsupported by the ECUs of the vehicle (e.g., it requires as an input a raw parameter that is not provided by the ECUs), a request-not-supported message may be returned to the vehicle information server”, paragraph [0045], “At operation 704, the vehicle 102 provides a vehicle 102 identifier in response to the event. In an example, the vehicle 102 may send a VIN of the vehicle 102 to the vehicle information server 114 to request the vehicle information server 114 to provide parameter definitions 116 for reporting for the vehicle 102. Based on the received vehicle 102 identifier, the vehicle information server 114 may be configured to identify the parameter definitions 116 compatible with the ECUs installed to the vehicle 102”, and paragraph [0046], “At operation 706, the vehicle 102 receives parameter definition 116 from the vehicle information server 114. For example, based on the determination of compatible parameter definitions 116, the vehicle information server 114 may identify one or more parameter definition 116 to provide to the vehicle 102. In an example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a unique identifier of the processed parameters 304. In another example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a reporting application 204 to be installed to a vehicle ECU 102 to receive raw parameters 302 and compute the processed parameters 304.” The system determines available vehicle information, determines compatible parameter definitions based on the available vehicle information, and subsequently applies the compatible parameter definitions to configure the vehicle, thereby teaching automatically setting event detection parameters in response to the determinations and based on the available vehicle characteristic data.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the first portion comprising gross vehicle weight rating, vehicle type, and body class; making a third determination that a second portion of vehicle characteristic data is included in the set of vehicle data, wherein the second portion comprises engine displacement, engine power, and number of engine cylinders; and generating, in response to the second determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting, in response to the first determination and the third determination, event detection parameters for the telematics device based on the second portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 1, LEADBEATER teaches A method for automatically calibrating a telematics device in a vehicle, the method comprising: obtaining, from a vehicle device of the vehicle, a vehicle identification number (VIN) (See at least paragraph [0041], “At block 404, the method 400 may include receiving vehicle data including a VIN and sensor data associated with the vehicle in response to the detecting the activation of the vehicle.”); retrieving a set of vehicle data using the VIN (See at least paragraph [0042], “At block 406, the method 400 may include correlating the VIN to the sensor data. For example, the processor 230 may correlate the VIN to the sensor data by linking this data together in, for example, a database of the memory 214” and paragraph [0043].); setting a fourth group of event detection parameters based on the vehicle type or the body class if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data (See at least paragraph [0046], “At block 414, the method 400 may include receiving, from the management server in response to the indication and the VIN being transmitted, configuration information to configure one or more parameters of the telematics device for communicating with one or more components of the vehicle. For example, the processor 230 may receive the configuration information, as illustrated by operation 314 of FIG. 3, from the management server 104.” The system configures parameters from a server based on available vehicle data, which would reasonably include using vehicle type when other attributes are absent); monitoring, in real-time and using the telematics device, vehicle behavior of the vehicle, wherein the vehicle behavior comprises acceleration data collected from an accelerometer operably connected to the telematics device (See at least paragraph [0029], “The recording system 210 may also include sensors 220 mounted on the vehicle 102. The sensors 220 may capture data related to one or more aspects of the vehicle including an odometer reading a distance traveled, engine hours, vehicle temperature, vehicle speed from a speedometer, vehicle acceleration from an accelerometer, vehicle orientation from a gyroscope, etc. For aspects of the present disclosure, data from the sensors 220 and data from the location determining system 218 are referred to as sensor data and/or vehicle data”, paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102”, and paragraph [0032], “In an aspect, if a change in vehicles is determined, the telematics device 101 may communicate with the management server 104 to receive configuration information to configure the telematics device 101 to communicate with one or more components of the vehicle 102 and/or provide alerts to the management device 106 and/or a driver of the vehicle 102. In an example, the configuration information may contain information to configure the telematics device 101 to interpret data from the sensors 220. In another example, the configuration information may contain information to configure the telematics device 101 according to one or more vehicle parameters. For example, the configuration information may include speed rating data (such as recommended vehicle speed per guidelines and vehicle type) corresponding to the vehicle 102. Accordingly, the configuration information may include parameters and/or thresholds for determining when to alert the driver (or another individual) of a speed rating being exceeded.” The telematics device monitors vehicle data from sensors, including acceleration data obtained from an accelerometer, and is configured according to vehicle parameters.); making a determination, based on the monitoring, that a threshold value of a parameter of a set one of the first group, the second group, the third group, the fourth group, the fifth group, the sixth group, the seventh group, and the eighth group has been exceeded (See at least paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102” and paragraph [0032], “In an aspect, if a change in vehicles is determined, the telematics device 101 may communicate with the management server 104 to receive configuration information to configure the telematics device 101 to communicate with one or more components of the vehicle 102 and/or provide alerts to the management device 106 and/or a driver of the vehicle 102. In an example, the configuration information may contain information to configure the telematics device 101 to interpret data from the sensors 220. In another example, the configuration information may contain information to configure the telematics device 101 according to one or more vehicle parameters. For example, the configuration information may include speed rating data (such as recommended vehicle speed per guidelines and vehicle type) corresponding to the vehicle 102. Accordingly, the configuration information may include parameters and/or thresholds for determining when to alert the driver (or another individual) of a speed rating being exceeded.” The system uses configured parameters and thresholds to determine, based on monitored vehicle data, when a threshold has been exceeded.).
LEADBEATER does not explicitly disclose, however, Cawse teaches determining whether a gross vehicle weight rating (GVWR) is included in the set of vehicle data (See at least paragraph [0008], “In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components. In another embodiment of the invention, the second group includes at least one component of installed options, engine, or transmission. In another embodiment of the invention, a weight is associated with at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.”); comprising: setting a first group of event detection parameters for the telematics device based on the GVWR if the GVWR is included in the set of vehicle data (See at least paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system” and paragraph [0010], “In an embodiment of the invention, decoding the VIN includes determining vehicle components from the VIN and determining a weight of the vehicle components. In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.”); determining whether a vehicle type or a body class is included in the set of vehicle data if the GVWR is not included in the set of vehicle data (See at least paragraph [0008], “In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components. In another embodiment of the invention, the second group includes at least one component of installed options, engine, or transmission. In another embodiment of the invention, a weight is associated with at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.”); determining whether a number of engine cylinders is included in the set of vehicle data if the GVWR is not included in the set of vehicle data (See at least paragraph [0008], “In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type.” The system decodes engine-type information from a VIN, which includes the number of engine cylinders, as engine-type VIN fields specify cylinder count.); setting a second group of event detection parameters based on the vehicle type or the body class and number of engine cylinders if the vehicle type or the body class and the number of engine cylinders are included in the set of vehicle data (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components” and paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN.” The system teaches determining and setting an accelerometer threshold based on VIN-decoded vehicle attributes, including platform, body style, and engine type, wherein each decoded attribute has an associated weight and the threshold is set according to the sum of those weights.); determining whether an engine displacement or an engine power is included in the set of vehicle data if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data or if the vehicle type or the body class is not included in the set of vehicle data (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components”, paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN”, and paragraph [0010], “In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system decodes the VIN to obtain engine-type information (including displacement and power) and using those values in threshold determination.); setting a third group of event detection parameters based on the vehicle type or the body class and the engine displacement or the engine power if the vehicle type or the body class and the engine displacement or the engine power is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data (See at least paragraph [0010], “In an embodiment of the invention, decoding the VIN includes determining vehicle components from the VIN and determining a weight of the vehicle components. In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system determines a VIN-based accelerometer threshold using decoded vehicle characteristics (body style, engine specs) corresponding to setting event-detection parameters based on the same decoded attributes.); setting a fifth group of event detection parameters based on the number of engine cylinders and the engine displacement or the engine power if the number of engine cylinders and the engine displacement or the engine power are included in the set of vehicle data and the vehicle type and the body class are not included in the set of vehicle data (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components”, paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN”, and paragraph [0010], “In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system decodes VIN-based vehicle characteristics (body style and engine type) and setting an accelerometer threshold accordingly, which corresponds to setting event-detection parameters based on available vehicle data.); setting a sixth group of event detection parameters based on the number of engine cylinders if the number of engine cylinders is included in the set of vehicle data and the vehicle type, the body class, the engine displacement, and the engine power are not included in the set of vehicle data (See at least paragraph [0008], “In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components. In another embodiment of the invention, the second group includes at least one component of installed options, engine, or transmission. In another embodiment of the invention, a weight is associated with at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches determining and setting an accelerometer threshold based on VIN-decoded vehicle attributes, including platform, body style, and engine type, wherein each decoded attribute has an associated weight and the threshold is set according to the sum of those weights.); setting a seventh group of event detection parameters based on the engine displacement or the engine power if the engine displacement or the engine power are included in the set of vehicle data and the vehicle type, the body class, and the number of engine cylinders are not included in the set of vehicle data (See at least paragraph [0008], “In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components. In another embodiment of the invention, the second group includes at least one component of installed options, engine, or transmission. In another embodiment of the invention, a weight is associated with at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components” and paragraph [0010], “In an embodiment of the invention, decoding the VIN includes determining vehicle components from the VIN and determining a weight of the vehicle components. In another embodiment of the invention, the VIN based accelerometer threshold is determined by a sum of weight of the vehicle components.” The system decodes the VIN to determine vehicle components, including engine characteristics, and setting an accelerometer threshold based on the combined weights of those components, corresponding to setting event-detection parameters based on engine displacement or engine power.); setting an eighth group of event detection parameters to a default setting if the vehicle type, the body class, the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data (See at least paragraph [0009], “According to a second broad aspect of the invention, there is a method of setting a VIN based accelerometer threshold in a vehicular telemetry system. The method includes the steps of receiving a VIN, if a VIN based accelerometer threshold is available for the VIN, set the VIN based accelerometer threshold in the vehicular telemetry system. If a VIN based accelerometer threshold is not available for the VIN, set the VIN based accelerometer threshold by decoding the VIN.”); and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination (See at least paragraph [0054], “The vehicular telemetry hardware system 30 receives data and information from the resident vehicular portion 42, the GPS module 33, and the accelerometer 43. The data and information is stored in non-volatile flash memory 35 as a data log. The data log may be further transmitted by the vehicular telemetry hardware system 30 over the vehicular telemetry communication system to the server 19 (see FIG. 1). The transmission may be controlled and set by the vehicular telemetry hardware system 30 at pre-defined intervals. The transmission may also be triggered as a result of a events such as a harsh event or an accident. The transmission may further be requested by a command sent from the application software running on the server 19” and paragraph [0101], “Once the VIN based accelerometer threshold has been set in the vehicular telemetry hardware system 30, the DTE telemetry microprocessor 31 and firmware monitor the data from the accelerometer 34 and compare the data with the VIN based accelerometer threshold to detect and report events to the remote site 44. Alternatively, the data is logged in the system and assessed remotely at the remote site 44.”).
LEADBEATER and Cawse do not explicitly disclose, however, Throop teaches automatically setting event detection parameters for the telematics device based on a hierarchical determination of available vehicle physical characteristics (See at least Fig. 7, 9, paragraph [0003], “A system includes at least one processor configured to, in response to receiving a VIN from a remote vehicle, transmit to the vehicle a parameter definition selected based on fields of the VIN to configure an ECU of the vehicle to enter a logging mode to capture, aggregate, and send operational data of the vehicle, and a bandwidth configuration file for a modem of the vehicle based on historical throughput requirements associated with operational data”, paragraph [0018], “Each ECU may be configured to provide a standard list of raw parameters. A list of these available raw parameters and their associated information may be stored in the vehicle information database. By identifying which ECUs are in the vehicle, the system may be able to identify which raw parameters are available to be processed into data streams to be provided to the vehicle information server. If the requested processed data streams are unavailable, but the raw parameters to produce it are available, the appropriate ECUs may be reflashed or otherwise reprogrammed with updated data reporting applications configured to produce the requested data stream. If a request for data is unsupported by the ECUs of the vehicle (e.g., it requires as an input a raw parameter that is not provided by the ECUs), a request-not-supported message may be returned to the vehicle information server”, paragraph [0045], “At operation 704, the vehicle 102 provides a vehicle 102 identifier in response to the event. In an example, the vehicle 102 may send a VIN of the vehicle 102 to the vehicle information server 114 to request the vehicle information server 114 to provide parameter definitions 116 for reporting for the vehicle 102. Based on the received vehicle 102 identifier, the vehicle information server 114 may be configured to identify the parameter definitions 116 compatible with the ECUs installed to the vehicle 102”, and paragraph [0046], “At operation 706, the vehicle 102 receives parameter definition 116 from the vehicle information server 114. For example, based on the determination of compatible parameter definitions 116, the vehicle information server 114 may identify one or more parameter definition 116 to provide to the vehicle 102. In an example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a unique identifier of the processed parameters 304. In another example, the parameter definition 116 from the vehicle information server 114 may describe the processed parameters 304 to be provided by the vehicle 102 as a reporting application 204 to be installed to a vehicle ECU 102 to receive raw parameters 302 and compute the processed parameters 304.” The system determines available vehicle information, determines compatible parameter definitions, and subsequently applies the compatible parameter definitions to configure the vehicle, with the determinations occurring in order, thereby teaching automatically setting event detection parameters based on a hierarchical determination of available vehicle physical characteristics.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to determining whether a gross vehicle weight rating (GVWR) is included in the set of vehicle data; comprising: setting a first group of event detection parameters for the telematics device based on the GVWR if the GVWR is included in the set of vehicle data; determining whether a vehicle type or a body class is included in the set of vehicle data if the GVWR is not included in the set of vehicle data; determining whether a number of engine cylinders is included in the set of vehicle data if the GVWR is not included in the set of vehicle data; setting a second group of event detection parameters based on the vehicle type or the body class and number of engine cylinders if the vehicle type or the body class and the number of engine cylinders are included in the set of vehicle data; determining whether an engine displacement or an engine power is included in the set of vehicle data if the vehicle type or the body class is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data or if the vehicle type or the body class is not included in the set of vehicle data; setting a third group of event detection parameters based on the vehicle type or the body class and the engine displacement or the engine power if the vehicle type or the body class and the engine displacement or the engine power is included in the set of vehicle data and the number of engine cylinders is not included in the set of vehicle data; setting a fifth group of event detection parameters based on the number of engine cylinders and the engine displacement or the engine power if the number of engine cylinders and the engine displacement or the engine power are included in the set of vehicle data and the vehicle type and the body class are not included in the set of vehicle data; setting a sixth group of event detection parameters based on the number of engine cylinders if the number of engine cylinders is included in the set of vehicle data and the vehicle type, the body class, the engine displacement, and the engine power are not included in the set of vehicle data; setting a seventh group of event detection parameters based on the engine displacement or the engine power if the engine displacement or the engine power are included in the set of vehicle data and the vehicle type, the body class, and the number of engine cylinders are not included in the set of vehicle data; setting an eighth group of event detection parameters to a default setting if the vehicle type, the body class, the number of engine cylinders, the engine displacement, and the engine power are not included in the set of vehicle data; and generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of available vehicle physical characteristics, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 3, LEADBEATER, Cawse, and Throop teach The method of claim 1, as set forth in the obviousness rejection above. LEADBEATER teaches wherein the first group, the second group, the third group, the fourth group, the fifth group, the sixth group, the seventh group, and the eighth group comprise at least one of the following: speed, idle time, acceleration, acceleration duration, deceleration, deceleration duration, lateral acceleration, lateral acceleration duration, impact, and impact duration (See at least paragraph [0028], “The recording system 210 may also include a location determining system 218 for determining a location-related parameters of the vehicle 102. For example, the location determining system 218 may determine one or more location-related parameters, such as location, position, speed, acceleration, and direction, among other parameters, of the vehicle 102. In some examples, the location determining system 218 may include or may be communicatively coupled with a global positioning system (“GPS”) device (or other latitude/longitude determination device), a speedometer, an accelerometer, a gyroscope, and/or the like, to determine the location-related parameters” and paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102.”).
Regarding Claim 5, LEADBEATER, Cawse, and Throop teach The method of claim 4, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein vehicle characteristic data also comprises gross vehicle weight rating, vehicle type, and body class (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches determining and setting an accelerometer threshold based on VIN-decoded vehicle attributes, including platform, model, body style, and engine type, wherein each decoded attribute has an associated weight and the threshold is set according to the sum of those weights (corresponding to GVWR). The engine and engine-type attributes include engine displacement, power, and cylinder count as standard VIN-encoded fields.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein vehicle characteristic data also comprises gross vehicle weight rating, vehicle type, and body class, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 6, LEADBEATER, Cawse, and Throop teach The method of claim 5, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the first portion comprises gross vehicle weight rating (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches determining and setting an accelerometer threshold based on VIN-decoded vehicle attributes, wherein each decoded attribute has an associated weight and the threshold is set according to the sum of those weights (corresponding to GVWR).).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein the first portion comprises gross vehicle weight rating, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 7, LEADBEATER, Cawse, and Throop teach The method of claim 5, as set forth in the obviousness rejection above. LEADBEATER teaches further comprising: making a second determination that a second portion of vehicle characteristic data is not included in the set of vehicle data (See at least paragraph [0024], “The vehicle telematics system 100 may also include one or more management devices 106 used to receive communications from the vehicle 102 and/or the management server 104, as described herein. Examples of the management devices106 may include computing devices, such as mobile devices (e.g., cellular phones, smartphones, or personal digital assistants (PDAs)), laptops, tablets, or personal computers, used by personnel for monitoring the vehicle telematics system 100. The management devices 106 may communicate with the network 110 via the communications links 112”, paragraph [0030], “The recording system 210 may also include an engine control module (ECM) 222 (and/or ECU and/or CAN bus system) for monitoring the sensors 220. The ECM 222 may provide alerts to a driver of the vehicle 102, based on input from the sensors 220. Further, the ECM 222 may store the VIN information 128 of the vehicle 102”, and paragraph [0045], “At block 412, the method 400 may include transmitting, to the management server, an indication of the change of VIN condition with the VIN in response to the change of VIN condition occurring. For example, the processor 230 may transmit the indication, as illustrated by operation 310 of FIG. 3, to one or more of the management devices 106 in response to the change of VIN condition occurring.” The system teaches monitoring VIN data and determining when VIN-based information changes or is missing, corresponding to making a second determination that a second portion of vehicle-characteristic data is not included in the set of vehicle data.).
Regarding Claim 8, LEADBEATER, Cawse, and Throop teach The method of claim 7, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the second portion comprises gross vehicle weight rating and the first portion comprises vehicle type (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches decoding VIN information to determine vehicle type (model/platform) and setting a weight-based threshold corresponding to gross vehicle weight rating (GVWR).).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein the second portion comprises gross vehicle weight rating and the first portion comprises vehicle type, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 9, LEADBEATER, Cawse, and Throop teach The method of claim 8, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the second portion further comprises number of engine cylinders, engine displacement, and engine power (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches decoding VIN information to identify engine type and engine-related attributes that include cylinder count, engine displacement, and power as standard VIN-encoded parameters, in addition to vehicle type and gross vehicle weight rating.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein the second portion further comprises number of engine cylinders, engine displacement, and engine power, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 10, LEADBEATER, Cawse, and Throop teach The method of claim 7, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the second portion comprises gross vehicle weight rating, vehicle type, and body class and the first portion comprises number of engine cylinders (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches decoding VIN information to identify vehicle type (model/platform) and body class (body style) as well as weight-based parameters corresponding to GVWR, while the VIN also provides engine attributes including the number of cylinders.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein the second portion comprises gross vehicle weight rating, vehicle type, and body class and the first portion comprises number of engine cylinders, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Regarding Claim 11, LEADBEATER, Cawse, and Throop teach The method of claim 7, as set forth in the obviousness rejection above. LEADBEATER does not explicitly disclose, however, Cawse teaches wherein the second portion comprises gross vehicle weight rating, vehicle type, body class, and number of engine cylinders, and the first portion comprises engine displacement and engine power (See at least paragraph [0008], “The method may also include the step of analyzing the vehicle component. In an embodiment of the invention, decoding the VIN decodes a first group. In another embodiment of the invention, decoding the VIN decodes a second group. In another embodiment of the invention, the first group includes at least one vehicle component of a platform, model, body style, or engine type. In another embodiment of the invention, a weight is associated with each of the at least one component. In another embodiment of the invention, an accelerometer threshold is associated with a sum of weight of all components.” The system teaches decoding VIN information to identify vehicle type (model/platform), body class (body style), and weight-based parameters corresponding to GVWR, and to include engine attributes such as displacement and power as VIN-encoded data fields.).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the invention of LEADBEATER with the teachings of Cawse and Throop such that the vehicle telematics system of LEADBEATER is further configured to utilize the parameters of engine displacement, engine power, and number of engine cylinders; generating, in response to the determination, a log of vehicle behavior comprising acceleration data collected both before and after the determination; and wherein the second portion comprises gross vehicle weight rating, vehicle type, body class, and number of engine cylinders, and the first portion comprises engine displacement and engine power, as taught by Cawse (See paragraph [0008]-[0010], [0054], [0101].), and to utilize automatically setting event detection parameters for the telematics device based on a hierarchical determination of data fields available in the first portion of vehicle characteristic data, as taught by Throop (See paragraph [0003], [0018], [0045], [0046].), with a reasonable expectation of success. The motivation for doing so would be providing a new capacity for establishing accelerometer thresholds, as taught by Cawse (See paragraph [0006].). The motivation for doing so would be facilitate efficient, automatic, and reconfigurable vehicle data processing, as taught by Throop (See paragraph [0016].).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JEWEL A KUNTZ/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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