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 Application
Claims 1-16, 19, and 20 are pending.
Claims 1, 9, and 14 are independent.
Claims 1, 9, and 14 have been amended
Claims 17 and 18 have been cancelled.
This NON-FINAL action is in response to “Amendments and Remarks” received on 08 January 2026.
Response to Amendment/Remarks
With respect to Applicant’s remarks filed 08 January 2026, Applicant’s “Amendments and Remarks” have been fully considered and were not wholly persuasive. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to objection of the claims, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the objections to the Claims are withdrawn.
With respect to claim rejections under 35 U.S.C. 101, Applicant’s “Amendments and Remarks” have been fully considered and are not persuasive. Therefore, the rejection is maintained.
Independent claim 1 does not contain claim limitations which appropriately integrate the mental process of “calculating a target pressure” into a practical application or recites significantly more than a judicial exception. The additional elements (amendments) amount to no more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer (processor circuits and wireless circuits). Independent claim 9 is similarly rejected as additional elements amount to no more than mere instructions to implement an abstract idea or other exception on a computer (processor circuits and wireless circuits). Furthermore, claim 14 is rejecting under similar rationale as claims 1 and 9.
With respect to claim rejections under 35 U.S.C. 112(b), Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the rejection is withdrawn.
With respect to claim rejections under 35 U.S.C. 102 and/or 35 U.S.C. 103, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the rejection is withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new prior art.
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 1-16 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 1 is directed to a process (method). Therefore, Claim 1 is within at least one of the four statutory categories.
Claim 9 is directed to an apparatus (device). Therefore, Claim 9 is within at least one of the four statutory categories.
Claim 14 is directed to an apparatus (system). Therefore, Claim 14 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Claims 1, 9, and 14 include limitations that recite an abstract idea (emphasized below) and Claim 9 will be used as a representative claim for the remainder of the 101 rejections.
Claim 9 recites: A device, comprising:
wireless circuits of a vehicle system configured to
communicate according to at least one wireless standard,
receive tire profile data for tires of a vehicle from tire sensors of the tires from wireless communications according to the at least one wireless standard, the tire profile data being different than tire pressure data,
and transmit target pressure values for each of the tires to a device separate from the vehicle system;
memory circuits configured to store the tire profile data;
and processor circuits of the vehicle system configured to calculate target pressure values for each of the tires using at least the tire profile data.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. Specifically, the “calculate” step encompass a user to calculate a target air pressure.
Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “processor circuits configured to”, the examiner submits that these limitations are an attempt to generally link additional elements to a technological environment. In particular, the “processor circuits” is recited at a high level of generality and merely automates the receiving and calculating steps, therefore acting as a generic computer to perform the abstract idea. Additionally, the processor is claimed generically and are operating in their ordinary capacity and do not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. The additional limitations are no more than mere instructions to apply the exception using a processing circuit. Furthermore, the examiner submits that the recitations of receive tire data and calculate target tire pressure is a mere definition that does not necessarily impose any meaningful limits on performing the steps in the human mind, as it only compares data where a user could in fact perform this mentally or using paper and pencil. In addition to that, the examiner submits that receive tire profile data and using processor circuits are insignificant extra-solution activities that merely use a processor to perform the process. In particular, the receiving steps are recited at a high level of generality (i.e. as a general means of gathering data for use in the determining step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a controller or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use 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 not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent Claim 9 does 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 claim does 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 element of the apparatus, the controller amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of receiving data and dividing data, and determinizing errors, the examiner submits that these limitations are insignificant extra-solution activities.
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 receiving the data and determining errors are well-understood, routine, and conventional activities because the background recites that the sensors from which the data is acquired/received are all conventional sensors. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, Claim 9 is not patent eligible.
Further Claims 1 and 14 are not patent eligible for the same reasons.
Dependent Claims 2-8, 10-13, 15-19 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements, if any, in the dependent claims are not sufficient to amount to significantly more than the judicial exception for the same reasons as with Claims 1, 9, and 14.
Office Note: In order to overcome this rejection, the Office suggests further defining the limitations of the independent claims, for example linking the claimed subject matter to a non-generic device and positively controlling a vehicle’s actions. Limitations such as these suggested above would further bring the claimed subject matter out of the realm of abstract idea and into the realm of a statutory category.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-10, 12-14, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClellan (US 20170015156 A1).
Regarding claim 1, McClellan discloses:
A method comprising (Abstract, systems, methods, and computer-readable storage media for gravity-driven pumps):
by operation of a vehicle system (Fig. 5; Fig. 10; Fig. 11; Fig. 12; Fig. 13; [0094], to enable user interaction with the computing device, an input device represents any number of input mechanisms, such as a microphone for speech, a touch-sensitive screen for gesture or graphical input, keyboard, mouse, motion input, speech, and so forth),
receiving tire profile data from tire sensors for each of a plurality of tires of the vehicle system at processor circuits of the vehicle system, (Fig. 5; [0073], the control unit can identify from a tire profile database a tire type for the tire, the tire type can indicate how fast gas leaks from the tire due to natural porosity of the tire, a range of optimal inflation for that tire type, how temperature affects the tire, how different loads affect the tire, and so forth, the tire profile database can also store data indicating how various tire attributes change over time as the tire ages and/or wears; [0069], Sensors in the tire and/or tire stems can provide alerts when the maximum safe pressure is exceeded, when pressure is too low, provide an estimate of when the tire will be undriveable based on the current conditions, and/or the efficiency of the pump. The control unit 418 can communicate with these and other sensors, computing devices, databases, or other components to determine a desired stroke length for the driving conditions and for an associated tire, in order to adjust these pump parameters),
storing the tire profile data in memory circuits of the vehicle system, the tire profile data in memory circuits of the vehicle system, the tire profile data being different than tire pressure data (Fig. 12; Fig. 5; [0090], an example computing system for controlling and monitoring a gravity-driven pump, power source can power a sensor, a processor, and a memory, the pump and processor can communicate via a communication interface and the processor can also communicate with external devices via the communication interface),
calculating a target pressure for at least one tires using at least the tire profile data with the processor circuits of the vehicle system ([0081], pump air according to a variable target pressure based on load, as indicated by data from a tire sidewall deformation sensor),
establishing a wireless connection with a device separate from the vehicle system with wireless circuits of the vehicle system, (Fig. 9; Fig. 10; [0084], FIG. 9 illustrates an example communication network for gravity-driven pumps 902 with other devices. The communication network can be wired, wireless, or a combination thereof. Some parts of the communication network may be active at different times. The pumps 902 can communicate with an on-board computer 904 for a vehicle. The on-board computer 904 can serve as a control unit, or can interface with individual control units for each pump 902. The pumps 902 and/or the on-board computer 904 can communicate with a server 906 to report analytics or performance data for the pumps, the tires, for fuel efficiency, and so forth. The server 906 can then provide a web or other interface for users to view the reported data, and/or manage pumps in the vehicle. Similarly, the pumps 902 and/or the on-board computer 904 can communicate with a mobile device 908 such as a tablet, smartphone, or diagnostic tool. The mobile device 908 can communicate with the pumps 902 and/or the on-board computer 904 via a wired or wireless connection. One example of a wired connection is an OBD-II wired connection. Some examples of wireless connections can include Bluetooth™, Zigbee™, Wi-Fi™, WIMAX™, or RFID. Any of these connections can be bi-directional or uni-directional.),
and by wireless circuits of the vehicle system, wirelessly transmitting the target pressure to the device separate from the vehicle system. (Fig. 9; Fig. 10; [0084], FIG. 9 illustrates an example communication network for gravity-driven pumps 902 with other devices. The communication network can be wired, wireless, or a combination thereof. Some parts of the communication network may be active at different times. The pumps 902 can communicate with an on-board computer 904 for a vehicle. The on-board computer 904 can serve as a control unit, or can interface with individual control units for each pump 902. The pumps 902 and/or the on-board computer 904 can communicate with a server 906 to report analytics or performance data for the pumps, the tires, for fuel efficiency, and so forth. The server 906 can then provide a web or other interface for users to view the reported data, and/or manage pumps in the vehicle. Similarly, the pumps 902 and/or the on-board computer 904 can communicate with a mobile device 908 such as a tablet, smartphone, or diagnostic tool. The mobile device 908 can communicate with the pumps 902 and/or the on-board computer 904 via a wired or wireless connection. One example of a wired connection is an OBD-II wired connection. Some examples of wireless connections can include Bluetooth™, Zigbee™, Wi-Fi™, WIMAX™, or RFID. Any of these connections can be bi-directional or uni-directional.).
Regarding claim 5, McClellan discloses:
receiving user profile data at the processor circuits of the vehicle system (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires),
and calculating the target pressure for each tire using at least the tire profile data and the user profile data with the processor circuits of the vehicle system (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires).
Regarding claim 6, McClellan discloses:
wherein the user profile data is selected from the group consisting of: a performance selection, an economy selection and a durability selection (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires).
Regarding claim 7, McClellan discloses:
by operation of the vehicle system (Fig. 5; Fig. 10; Fig. 11; Fig. 12; Fig. 13; [0094], to enable user interaction with the computing device, an input device represents any number of input mechanisms, such as a microphone for speech, a touch-sensitive screen for gesture or graphical input, keyboard, mouse, motion input, speech, and so forth),
determining a vehicle position of a target tire from the plurality of tires with the processor circuits of the vehicle system ([0076], The system may also include accessing the TPMS system for an independent pressure reading and tire location. For example, the front steering tires perhaps should be at a different pressure than rear tires), and wirelessly transmitting the target pressure of the target tire to the device separate from the vehicle system with the wireless circuits of the vehicle system (Fig. 9; Fig. 10; [0084], FIG. 9 illustrates an example communication network for gravity-driven pumps 902 with other devices. The communication network can be wired, wireless, or a combination thereof. Some parts of the communication network may be active at different times. The pumps 902 can communicate with an on-board computer 904 for a vehicle. The on-board computer 904 can serve as a control unit, or can interface with individual control units for each pump 902. The pumps 902 and/or the on-board computer 904 can communicate with a server 906 to report analytics or performance data for the pumps, the tires, for fuel efficiency, and so forth. The server 906 can then provide a web or other interface for users to view the reported data, and/or manage pumps in the vehicle. Similarly, the pumps 902 and/or the on-board computer 904 can communicate with a mobile device 908 such as a tablet, smartphone, or diagnostic tool. The mobile device 908 can communicate with the pumps 902 and/or the on-board computer 904 via a wired or wireless connection. One example of a wired connection is an OBD-II wired connection. Some examples of wireless connections can include Bluetooth™, Zigbee™, Wi-Fi™, WIMAX™, or RFID. Any of these connections can be bi-directional or uni-directional.).
Regarding claim 8, McClellan discloses:
wherein determining the vehicle position of the target tire includes detecting a change in pressure in the target tire ([0071], internal sensor can detect pressure).
Regarding claim 9, McClellan discloses:
A device, comprising (Abstract, systems, methods, and computer-readable storage media for gravity-driven pumps):
wireless circuits of a vehicle system configured to ([0072], the control unit can communicate with multiple different components via wired or wireless communications; [0084], some examples of wireless connections can include Bluetooth, Zigbee, Wi-Fi, WIMAX, or RFID; [0085], the pump mechanisms can incorporate electronic components to read and transmit wireless various data including tire pressure, internal and external air temperature, humidity, side wall deformation, estimated load as a function of pressure and side wall deformation, pH reading as indicator of oxidation inside the tire, air quality sensors, barometric pressure, an amount of electricity generated, an amount of air pumped into the tire, and so forth):
communicate according to at least one wireless standard ([0072], the control unit can communicate with multiple different components via wired or wireless communications; [0084], some examples of wireless connections can include Bluetooth, Zigbee, Wi-Fi, WIMAX, or RFID; [0085], the pump mechanisms can incorporate electronic components to read and transmit wireless various data including tire pressure, internal and external air temperature, humidity, side wall deformation, estimated load as a function of pressure and side wall deformation, pH reading as indicator of oxidation inside the tire, air quality sensors, barometric pressure, an amount of electricity generated, an amount of air pumped into the tire, and so forth),
receive tire profile data for tires of a vehicle from tire sensors of the tires from wireless communications according to the at least one wireless standard, the tire profile data being different than tire pressure data (Fig. 5; [0073], the control unit can identify from a tire profile database a tire type for the tire, the tire type can indicate how fast gas leaks from the tire due to natural porosity of the tire, a range of optimal inflation for that tire type, how temperature affects the tire, how different loads affect the tire, and so forth, the tire profile database can also store data indicating how various tire attributes change over time as the tire ages and/or wears; [0069], Sensors in the tire and/or tire stems can provide alerts when the maximum safe pressure is exceeded, when pressure is too low, provide an estimate of when the tire will be undriveable based on the current conditions, and/or the efficiency of the pump. The control unit 418 can communicate with these and other sensors, computing devices, databases, or other components to determine a desired stroke length for the driving conditions and for an associated tire, in order to adjust these pump parameters),
and transmit target pressure values for each of the tires to a device separate from the vehicle system (Fig. 9; Fig. 10; [0084], FIG. 9 illustrates an example communication network for gravity-driven pumps 902 with other devices. The communication network can be wired, wireless, or a combination thereof. Some parts of the communication network may be active at different times. The pumps 902 can communicate with an on-board computer 904 for a vehicle. The on-board computer 904 can serve as a control unit, or can interface with individual control units for each pump 902. The pumps 902 and/or the on-board computer 904 can communicate with a server 906 to report analytics or performance data for the pumps, the tires, for fuel efficiency, and so forth. The server 906 can then provide a web or other interface for users to view the reported data, and/or manage pumps in the vehicle. Similarly, the pumps 902 and/or the on-board computer 904 can communicate with a mobile device 908 such as a tablet, smartphone, or diagnostic tool. The mobile device 908 can communicate with the pumps 902 and/or the on-board computer 904 via a wired or wireless connection. One example of a wired connection is an OBD-II wired connection. Some examples of wireless connections can include Bluetooth™, Zigbee™, Wi-Fi™, WIMAX™, or RFID. Any of these connections can be bi-directional or uni-directional.);
memory circuits of the vehicle system configured to store the tire profile data (Fig. 12; Fig. 5; [0090], an example computing system for controlling and monitoring a gravity-driven pump, power source can power a sensor, a processor, and a memory, the pump and processor can communicate via a communication interface and the processor can also communicate with external devices via the communication interface);
and processor circuits of the vehicle system configured to calculate target pressure values for each of the tires using at least the tire profile data ([0081], pump air according to a variable target pressure based on load, as indicated by data from a tire sidewall deformation sensor).
Regarding claim 10, McClellan discloses:
wherein the at least one wireless standard is selected from the group of: a Bluetooth standard and an IEEE 802.11 wireless standard ([0072], the control unit can communicate with multiple different components via wired or wireless communications; [0084], some examples of wireless connections can include Bluetooth, Zigbee, Wi-Fi, WIMAX, or RFID; [0085], the pump mechanisms can incorporate electronic components to read and transmit wireless various data including tire pressure, internal and external air temperature, humidity, side wall deformation, estimated load as a function of pressure and side wall deformation, pH reading as indicator of oxidation inside the tire, air quality sensors, barometric pressure, an amount of electricity generated, an amount of air pumped into the tire, and so forth).
Regarding claim 12, McClellan discloses:
the memory circuits are further configured to store user profile data (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires);
and the processor circuits are configured to calculate the target pressure for each of the tires using at least the tire profile data and user profile data (Fig. 5; [0073], the control unit can identify from a tire profile database a tire type for the tire, the tire type can indicate how fast gas leaks from the tire due to natural porosity of the tire, a range of optimal inflation for that tire type, how temperature affects the tire, how different loads affect the tire, and so forth, the tire profile database can also store data indicating how various tire attributes change over time as the tire ages and/or wears, the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires);
wherein the user profile data is selected from the group consisting of: a performance selection, an economy selection and a durability selection (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires).
Regarding claim 13, McClellan discloses:
wherein the wireless circuits, memory circuits and processor circuits are formed in a same integrated circuit substrate ([0072], the control unit can integrate all components into itself).
Regarding claim 14, McClellan discloses:
A system, comprising (Abstract, systems, methods, and computer-readable storage media for gravity-driven pumps):
a plurality of tire sensor circuits, each configured to sense at least a tire pressure for a tire of a vehicle and wirelessly transmit tire pressure data ([0081], pump air according to a variable target pressure based on load, as indicated by data from a tire sidewall deformation sensor);
memory circuits of the vehicle configured to store tire profile data, the tire profile data being different that the tire pressure data (Fig. 12; Fig. 5; [0090], an example computing system for controlling and monitoring a gravity-driven pump, power source can power a sensor, a processor, and a memory, the pump and processor can communicate via a communication interface and the processor can also communicate with external devices via the communication interface);
processor circuits of the vehicle configured to calculate a target pressure for each of the tires using at least the tire profile data (Fig. 5; [0073], the control unit can identify from a tire profile database a tire type for the tire, the tire type can indicate how fast gas leaks from the tire due to natural porosity of the tire, a range of optimal inflation for that tire type, how temperature affects the tire, how different loads affect the tire, and so forth, the tire profile database can also store data indicating how various tire attributes change over time as the tire ages and/or wears, the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires);
and wireless circuits of the vehicle configured to wirelessly transmit the target pressure to a device separate from the vehicle (Fig. 9; Fig. 10; [0084], FIG. 9 illustrates an example communication network for gravity-driven pumps 902 with other devices. The communication network can be wired, wireless, or a combination thereof. Some parts of the communication network may be active at different times. The pumps 902 can communicate with an on-board computer 904 for a vehicle. The on-board computer 904 can serve as a control unit, or can interface with individual control units for each pump 902. The pumps 902 and/or the on-board computer 904 can communicate with a server 906 to report analytics or performance data for the pumps, the tires, for fuel efficiency, and so forth. The server 906 can then provide a web or other interface for users to view the reported data, and/or manage pumps in the vehicle. Similarly, the pumps 902 and/or the on-board computer 904 can communicate with a mobile device 908 such as a tablet, smartphone, or diagnostic tool. The mobile device 908 can communicate with the pumps 902 and/or the on-board computer 904 via a wired or wireless connection. One example of a wired connection is an OBD-II wired connection. Some examples of wireless connections can include Bluetooth™, Zigbee™, Wi-Fi™, WIMAX™, or RFID. Any of these connections can be bi-directional or uni-directional.).
Regarding claim 16, McClellan discloses:
the memory circuits are further configured to store user profile data (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires);
and the processor circuits are configured to calculate the target pressure for each of the tires using at least the tire profile data and user profile data (Fig. 5; [0073], the control unit can identify from a tire profile database a tire type for the tire, the tire type can indicate how fast gas leaks from the tire due to natural porosity of the tire, a range of optimal inflation for that tire type, how temperature affects the tire, how different loads affect the tire, and so forth, the tire profile database can also store data indicating how various tire attributes change over time as the tire ages and/or wears, the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires);
wherein the user profile data is selected from the group consisting of: a performance selection, an economy selection and a durability selection (Fig. 5; [0073], the control unit can monitor and build up a driver profile or simply use an existing driver profile, the driver profile can track driving patterns of an individual user or group of users, the driver profile can include information such as how quickly the driver tends to accelerate from a stopped position, braking times, turn sharpness, and so forth, each driver drives slightly differently, and the control unit can use that data to determine how or whether to modify pump attributes based on the tire profile data to ensure that the tire remains inflated within the appropriate pressure range, when the driver arrives at the vehicle, the driver's phone can sync with the control unit, providing the driver's identity to the control unit, the control unit can then use the driver's profile to determine the appropriate pressure range for the tires).
Regarding claim 19, McClellan discloses:
wherein the processor circuits are further configured to determine which tire is being filled in a tire filling operation ([0076], The system may also include accessing the TPMS system for an independent pressure reading and tire location. For example, the front steering tires perhaps should be at a different pressure than rear tires).
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.
Claim 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over McClellan in view of Kanbayashi et al. (US 20210146731 A1), hereinafter Kanbayashi.
Regarding claim 2, McClellan does not specifically state:
wherein the tire profile data comprises tire manufacturer identification data.
Kanbayashi teaches:
wherein the tire profile data comprises tire manufacturer identification data ([0077], Specifically, when the user selects the tire wear state estimation menu on the menu screen of the portable device 3, the user can input data related to the tire manufacturing date in addition to the tire type. For example, in step S110 of FIG. 6, data regarding the tire type and the manufacturing date of the tire are input. As the data regarding the manufacturing date of the tire, the manufacturing date itself may be input, or the manufacturing number, the product number, etc. corresponding to the manufacturing date may be input. In addition, the elapsed time can be calculated as the time from the manufacturing date to the current time. The current time may be input by the user, or may be used if the current time can be grasped by the portable device 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Kanbayashi into the invention of McClellan to include inputting tire manufacturer information for proper tracking and management as Kanbayashi discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that considers tire manufacturer information when estimating wear. Additionally, the claimed invention is merely a combination of old, well-known elements of a wheel-mounted pump for maintaining optimal tire pressure according to load and profile data as disclosed by McClellan and inputting tire information when replacing tires as taught by Kanbayashi. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Regarding claim 3, McClellan does not specifically state:
wherein the tire profile data further comprises a mileage value for the tires.
Kanbayahi teaches:
wherein the tire profile data further comprises a mileage value for the tires ([0083], In the first embodiment, the tire side device 1 acquires data related to the mileage from the start of use of the tire 4 based on the detection signal of the vibration sensor unit 11, but in the present embodiment, the user is asked to input data related to the mileage into the portable device 3. For example, in step S110 of FIG. 6, data related to the tire type and the mileage are input. The mileage can be confirmed from the odometer of the vehicle or the like. When the tires are replaced after the vehicle is delivered, the mileage of the tires 4 after the replacement can be calculated by inputting the mileage of the vehicle into the portable device 3 at the time of tire replacement).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Kanbayashi into the invention of McClellan to include associating a vehicle odometer with a tire mileage for proper tracking and management as Kanbayashi discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that considers tire mileage information when estimating wear. Additionally, the claimed invention is merely a combination of old, well-known elements of a wheel-mounted pump for maintaining optimal tire pressure according to load and profile data as disclosed by McClellan and inputting tire information when replacing tires as taught by Kanbayashi. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over McClellan in view of Gronsbell et al. (US 20200234515 A1), hereinafter Gronsbell.
Regarding claim 4, McClellan does not specifically state:
wherein the tire profile data further comprises warranty data for the tires.
Gronsbell teaches:
wherein the tire profile data further comprises warranty data for the tires ([0008], the computer program code instructions may be further configured to, when executed, cause the apparatus to receive, from a user, information relating to the complete dataset, wherein the user inputs at least one or more terms of the complete dataset. In some embodiments, the partial dataset may be an insurance policy, a manufacturer warranty, an extended vehicle protection plan, a GAP insurance plan, a tire and wheel coverage plan, or a prepaid maintenance plan. In an example embodiment, the computer program code instructions may be further configured to, when executed, cause the apparatus to receive a plurality of partial dataset indicators for a vehicle, wherein the plurality of partial dataset indicators provide an indication of one or more terms of a plurality of complete datasets.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Gronsbell into the invention of McClellan to include inputting a manufacturer warranty for proper tracking and management as Gronsbell discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that considers manufacturer warranty when a part is prematurely failing. Additionally, the claimed invention is merely a combination of old, well-known elements of a wheel-mounted pump for maintaining optimal tire pressure according to load and profile data as disclosed by McClellan and manufacturer warranty information as taught by Gronsbell. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over McClellan in view of Bothe, JR. (US 20100212798 A1).
Regarding claim 20, McClellan does not specifically state:
the device separate from the vehicle comprises a tire filling device configured to at least inflate a tire of the vehicle, the tire filling device configured to receive the target pressure and fill the at least one tire to the target pressure.
Bothe, JR. teaches:
the device separate from the vehicle comprises a tire filling device configured to at least inflate a tire of the vehicle, the tire filling device configured to receive the target pressure and fill the at least one tire to the target pressure (Abstract, A tire pressure inflation system includes an inflation device having a communication portion and an inflation portion, the communication portion is configured to receive tire pressure signals wirelessly transmitted from a tire pressure sensor disposed within a vehicle tire cavity. The inflation portion is configured to change pressure within the pressurized vehicle tire cavity in response to signals from the tire pressure sensor; Fig. 1; Fig. 2; Fig. 3; [0029], the air pressure threshold corresponds to the preferred inflation pressure for desired operation and safely for the tire).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bothe, JR. into the invention of McClellan to include a tire inflating device separate from the vehicle as Bothe, JR. discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that can transmit target tire pressure(s) to a mobile filling device which fills a tire according to the target pressure received from a vehicle. Additionally, the claimed invention is merely a combination of old, well-known elements of a system to calculate a desired tire pressure based on tire wear/age and driver habits as disclosed by McClellan and a tire filling device that can communicate with vehicle systems/subsystems to receive a target tire pressure as taught by Bothe, JR. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Documents Considered but Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Parker et al. (US 6293147 B1) discloses a wheel balancer with built-in pressure adjustment. Matlow (US 20160082788 A1) discloses a tire pressure maintenance system for a self-inflating pressure-optimizing tire arrangement. Tang et al. (US 20030071723 A1) discloses a system for monitoring tire pressure and transmitting the sensor signal to a vehicle controller for use in conveying tire pressure and location information to a vehicle occupant. Hillman et al. (US 7404427 B2) discloses a vehicle wheel tire changing system having a tire mount-dismount system head coupled to an articulating arm assembly and a tire pressure sensor system.
Conclusion
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/I.A.R./ Examiner, Art Unit 3666
/SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666