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 Claims
This action is reply to the Application Number 18/485,571 filed on 08/05/2025
Claims 1, 4 and 5 are currently pending and have been examined. Claims 2 – 3 are cancelled. Claims 1, 4 and 5 have been amended.
This action is made FINAL
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 5 state: “the data stored at the predetermined time interval includes first data and second data, the first data being stored at a time when the change in the value of the various parameters is detected, the second data being stored at a time when no change in the value of the various parameters is detected,”, thus indefinite to what a second data is that is being stored. If no change to the parameters are detected, what is being stored as the second data?
Claim 4 is rejected as being dependent upon claim 1.
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.
Claims 1, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yuki et al. (JP2020166725A) further in view of Link et al. (US 8781442 B1).
Regarding claim 1, Yuki teaches a control device mounted on a vehicle for setting a priority of deleting data of the vehicle, (Yuki: Paragraph 0010: “The in-vehicle device according to one aspect of the embodiment is mounted on a vehicle, collects and accumulates logs related to the vehicle, and transmits the logs accumulated in the higher-level device when a network connection with the higher-level device is established. It is an in-vehicle device that includes an acquisition unit, a correction unit, and a log deletion unit. The acquisition unit acquires the vehicle status of the vehicle. The correction unit corrects the retention priority of the data item set in advance for each data item of the log according to the vehicle condition acquired by the acquisition unit. The log deletion unit deletes the log from the one with the lowest retention priority based on the retention priority corrected by the correction unit.”)
the vehicle including a sensor configured to detect parameters of the vehicle, the control device comprising
a processor configured to:
acquire the detected parameters from the sensor at a predetermined time interval; (Yuki: Paragraph 0019: “On the other hand, the in-vehicle device 100 is configured as a drive recorder having, for example, a camera, various sensors such as an acceleration sensor and a GPS (Global Positioning System) sensor, a storage device, a microcomputer, and a car navigation device, and logs related to the running of the vehicle V. Is collected from the vehicle V.”,
Supplemental Note: the predetermined time interval is interpreted as the period the vehicle is running. That is when the data from the sensors is being logged)
transmit the data to a server via wireless network, (Yuki: Paragraph 0020: “Further, the in-vehicle device 100 uploads the collected log to the log collecting device 10 when the network connection with the log collecting device 10 is established.”)
the data including various parameters including one or more of time, a location of the vehicle, a speed of the vehicle, whether a malfunction has occurred, or whether the vehicle has been stolen and (Yuki: Paragraph 0019: “On the other hand, the in-vehicle device 100 is configured as a drive recorder having, for example, a camera, various sensors such as an acceleration sensor and a GPS (Global Positioning System) sensor”)
… a memory including a storage area configured to store the data at the predetermined time interval, wherein (Yuki: Paragraph 0041: “The storage unit 12 is realized by, for example, a semiconductor memory element such as a RAM (Random Access Memory) or a flash memory (Flash Memory), or a storage device such as a hard disk or an optical disk. In the example of FIG. 2A, the retention priority setting information 12a and the collection log DB12b are stored.”)
the processor is further configured to:
set a priority of deleting the data stored at the predetermined time interval: (Yuki: Paragraph 0079: “When the acquisition unit 103c acquires the vehicle status requiring the deletion of the log, the log deletion unit 103e deletes the log from the one with the lowest retention priority based on the retention priority setting information 102a, and thins out the accumulated log 102b.”; Paragraphs 0085 – 0086: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above, and may be related to, for example, the mileage since the previous upload, the number of elapsed days, and the like. It may be a thing. Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”,
Supplemental Note: the lowest retention priority variable acquired while the vehicle is running is deleted based the number of elapsed days)
delete the stored data from the storage area based on the priority in a case where a total capacity of the stored data reaches an upper limit of a physical capacity of the storage area; and (Yuki: Paragraph 0085: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above,”; Paragraph 0086: “Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”)
detect a change in a value of the various parameters among the data stored at the predetermined time interval, (Yuki: Paragraph 0079: “When the acquisition unit 103c acquires the vehicle status requiring the deletion of the log, the log deletion unit 103e deletes the log from the one with the lowest retention priority based on the retention priority setting information 102a, and thins out the accumulated log 102b.”; Paragraphs 0085 – 0086: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above, and may be related to, for example, the mileage since the previous upload, the number of elapsed days, and the like. It may be a thing. Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”)
the data stored at the predetermined time interval includes first data and second data, the first data being stored at a time when the change in the value of the various parameters is detected, the second data being stored at a time when no change in the value of the various parameters is detected,
a priority of deleting the first data is set lower than the second data, (Yuki: Paragraphs 0044 – 0045: “In each of these tables, as shown in FIG. 3B, a “retention priority” is set for each “item” in the log. Here, it is assumed that "10" is set in the item A, "5" is set in the item B, and "3" is set in the item C. Then, when a situation requiring deletion of the log occurs, as shown in the figure, the items with the lowest priority are basically deleted. Therefore, in the case of the example in the figure, it will be deleted from item C.”,
Supplemental Note: the first data is any change of the parameters on the tables. These parameters each have a retention policy. Please refer the 35 U.S.C. 112(b) rejection for the ‘second data’)
the first data includes third data and fourth data, the third data being stored at a time when a change in a value of the first parameter is detected, the fourth data being stored at a time when a change in a value of another parameter of the various parameters is detected, and
a priority of deleting the third data is set lower than the fourth data (Yuki: Paragraphs 0058 – 0059: “To give an easy-to-understand example, in the driving information of FIG. 4D, for example, each item marked with a circle in the common table is likely to be set with a higher retention priority than other data items. In addition, the same items in the driving tendency table and the driving environment table are likely to be corrected so as to have a higher holding priority accordingly. On the other hand, the attribute table tends to be set with a relatively low retention priority for driving information. Therefore, when deleting the log, the travel information is likely to be deleted from the data items of the attribute table. Further, as shown by the item "rapid acceleration / deceleration flag" in the figure, for example, when a sudden acceleration / deceleration operation is observed in the driving operation of the user, the holding priority of the angular velocity and the acceleration of the driving tendency table is corresponding to the sudden acceleration / deceleration operation. Is easy to set high. In this way, the retention priority of each item for each log type is appropriately corrected according to the predetermined vehicle condition.”,
Supplemental Notes: the various vehicle parameters have their own priorities which can also corrected. This can alter the priority ranking of what variables get deleted from the log data)
In sum, Yuki teaches a control device mounted on a vehicle for setting a priority of deleting data of the vehicle, the vehicle including a sensor configured to detect parameters of the vehicle, the control device comprising a processor configured to: acquire the detected parameters from the sensor at a predetermined time interval; transmit the data to a server via wireless network the data including various parameters including one or more of time, a location of the vehicle, a speed of the vehicle, whether a malfunction has occurred, or whether the vehicle has been stolen and a memory including a storage area configured to store the data at the predetermined time interval, wherein the processor is further configured to: set a priority of deleting the data stored at the predetermined time interval: delete the stored data from the storage area based on the priority in a case where a total capacity of the stored data reaches an upper limit of a physical capacity of the storage area; and detect a change in a value of the various parameters among the data stored at the predetermined time interval, the data stored at the predetermined time interval includes first data and second data, the first data being stored at a time when the change in the value of the various parameters is detected, the second data being stored at a time when no change in the value of the various parameters is detected, a priority of deleting the first data is set lower than the second data, the first data includes third data and fourth data, the third data being stored at a time when a change in a value of the first parameter is detected, the fourth data being stored at a time when a change in a value of another parameter of the various parameters is detected, and a priority of deleting the third data is set lower than the fourth data. Yuki however does not teach acquire, from the server, information indicating a first parameter selected from among the various parameters, the first parameter indicating whether the vehicle has been stolen whereas Link does.
Link teaches acquire, from the server, information indicating a first parameter selected from among the various parameters, the first parameter indicating whether the vehicle has been stolen, and (Link: Col. 7, lines 35 – 40: “The PASS services provided include, but are not limited to automatic and manual emergency calls, manual and automatic roadside assistance, information call, remote door unlock (immediate and verified) and lock, stolen vehicle and anti-theft tracking, maintenance status reporting and remote diagnostics, and the like.”; Col. 55, lines 44 – 49: “In another aspect, a Tracking task 4406 can support geographical tracking of a PASS equipped vehicle. In one aspect, the Tracking task 4406 can manage two variations on the tracking service, Stolen Vehicle Tracking and Antitheft Tracking The underlying service can be the same, with the method of activation varying.”; Col. 55, lines 50 – 62: “Stolen Vehicle Tracking can be initiated by a call from the customer to the TOC 201 requesting that the service be enabled to track a stolen car. The TOC 201 can then send a tracking service request to the vehicle. To initiate Antitheft Tracking, the vehicle's built-in Theft Alarm system can send a message to the PASS ECU 202 via the VIC/CAN interface which can be sent to the Tracking task 4406. The Tracking task 4406 can send a data message to the TOC 201 with information regarding the theft alarm if it is not canceled within a configured time. The TOC 201 can then verify the vehicle's state with the customer. Once verified that the car is stolen the TOC 201 can send a tracking request back to the vehicle.”,
Supplemental Note: the vehicle system is able to determine a presence or absence of theft, the parameter indicating a theft is interpreted to be done by the i) a call from the customer to track a stolen vehicle or ii) the theft alarm being canceled or not within a configured time)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yuki with the teachings of Link with a reasonable expectation of success. Both Yuki and Link teach a vehicle system able to collect vehicle data where Link teaches the additional ability of the vehicle to detect when the presence of theft is taking place. One with knowledge in the art would find this function of Link to be obvious to try to combine with the vehicle system of Yuki. For example, a parked vehicle getting broken into sounds an alarm (well known by one with knowledge in the art), however it is not a well-known technique to also verify the state of the vehicle is stolen with the customer where it can then be tracked. This increases the useability of the vehicle as it is able to determine if a break-in/theft is taking place and from further verification, the system can then track the stolen vehicle.
Regarding claim 4, Yuki, as modified, teaches wherein the processor is configured to, in a case where the vehicle enters a communication range with the server,
transmit all of the data stored in the storage area to the server, and (Yuki: Paragraph 0003: “Such a log collection system has a function of uploading the logs collected and accumulated in the in-vehicle device to the center server via a network such as the Internet. Further, in recent years, in such a log collection system, an in-vehicle device capable of uploading to a center server by using a tethering function possessed by a mobile information terminal such as a smartphone carried by a user has been proposed.”; Paragraph 0006: “Specifically, when the above-mentioned tethering function is used, the in-vehicle device is not always connected to the center server via the network, so the collected travel logs are accumulated until the next network connection is established and uploading becomes possible. You need to keep doing it.”; Paragraph 0016: “The log collecting device 10 is a host device in which logs are transmitted from the vehicle-mounted device 100 via the network N. The log collection device 10 is configured as a cloud server that provides cloud services via a network N such as the Internet or a mobile phone network, collects travel logs from each in-vehicle device 100, and provides them to log users on the center side. To do. In the following description, the log collecting device 10 will be described as an example of a higher-level device, but the present invention is not limited to this. The host device may be a device that performs a predetermined operation triggered by transmission of a log from the in-vehicle device 100. The predetermined operation is, for example, an operation of linking with other cloud services such as giving points or posting to SNS (Social Networking Service).”)
delete all of the transmitted data from the storage area. (Yuki: Paragraph 0080: “When the network connection between the in-vehicle device 100 and the log collection device 10 is established, the upload unit 103f transmits the logs accumulated in the accumulation log 102b while being thinned out by the log deletion unit 103e via the communication unit 101. And upload it to the log collection device 10. In addition, the upload unit 103f deletes the uploaded log from the accumulated log 102b.”)
Regarding claim 5, Yuki teaches a control method executed by a control device mounted on a vehicle for setting a priority of deleting data, (Yuki: Paragraph 0010: “The in-vehicle device according to one aspect of the embodiment is mounted on a vehicle, collects and accumulates logs related to the vehicle, and transmits the logs accumulated in the higher-level device when a network connection with the higher-level device is established. It is an in-vehicle device that includes an acquisition unit, a correction unit, and a log deletion unit. The acquisition unit acquires the vehicle status of the vehicle. The correction unit corrects the retention priority of the data item set in advance for each data item of the log according to the vehicle condition acquired by the acquisition unit. The log deletion unit deletes the log from the one with the lowest retention priority based on the retention priority corrected by the correction unit.”)
the vehicle including a sensor configured to detect parameters of the vehicle, the control method comprising:
acquiring the detected parameters from the sensor at a predetermined time interval; (Yuki: Paragraph 0019: “On the other hand, the in-vehicle device 100 is configured as a drive recorder having, for example, a camera, various sensors such as an acceleration sensor and a GPS (Global Positioning System) sensor, a storage device, a microcomputer, and a car navigation device, and logs related to the running of the vehicle V. Is collected from the vehicle V.”,
Supplemental Note: the predetermined time interval is interpreted as the period the vehicle is running. That is when the data from the sensors is being logged)
transmitting data of the vehicle to a server via wireless network, (Yuki: Paragraph 0020: “Further, the in-vehicle device 100 uploads the collected log to the log collecting device 10 when the network connection with the log collecting device 10 is established.”)
the data including various parameters including one or more of time, a location of the vehicle, a speed of the vehicle, whether a malfunction has occurred, or whether the vehicle has been stolen; (Yuki: Paragraph 0019: “On the other hand, the in-vehicle device 100 is configured as a drive recorder having, for example, a camera, various sensors such as an acceleration sensor and a GPS (Global Positioning System) sensor”)
… storing the data at the predetermined time interval in a storage area of a memory; (Yuki: Paragraph 0041: “The storage unit 12 is realized by, for example, a semiconductor memory element such as a RAM (Random Access Memory) or a flash memory (Flash Memory), or a storage device such as a hard disk or an optical disk. In the example of FIG. 2A, the retention priority setting information 12a and the collection log DB12b are stored.”)
setting a priority of deleting the data stored at the predetermined time interval; (Yuki: Paragraph 0079: “When the acquisition unit 103c acquires the vehicle status requiring the deletion of the log, the log deletion unit 103e deletes the log from the one with the lowest retention priority based on the retention priority setting information 102a, and thins out the accumulated log 102b.”; Paragraphs 0085 – 0086: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above, and may be related to, for example, the mileage since the previous upload, the number of elapsed days, and the like. It may be a thing. Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”,
Supplemental Note: the lowest retention priority variable acquired while the vehicle is running is deleted based the number of elapsed days)
deleting the data based on the priority in a case where a total capacity of the stored data reaches an upper limit of a physical capacity of the storage area; and (Yuki: Paragraph 0085: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above,”; Paragraph 0086: “Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”)
detecting a change in a value of the various parameters among the data stored at the predetermined time interval, wherein (Yuki: Paragraph 0079: “When the acquisition unit 103c acquires the vehicle status requiring the deletion of the log, the log deletion unit 103e deletes the log from the one with the lowest retention priority based on the retention priority setting information 102a, and thins out the accumulated log 102b.”; Paragraphs 0085 – 0086: “Then, it is determined whether or not the situation requires deletion of the log (step S104). The situation requiring the deletion of the log may be related to the remaining storage capacity of the in-vehicle device 100 as described above, and may be related to, for example, the mileage since the previous upload, the number of elapsed days, and the like. It may be a thing. Then, if it is necessary to delete the log here (step S104, Yes), the log deletion unit 103e deletes the log based on the corrected retention priority (step S105).”)
the data stored at the predetermined time interval includes first data and second data, the first data being stored at a time when the change in the value of the various parameters is detected, the second data being stored at a time when no change in the value of the various parameters is detected,
a priority of deleting the first data is set lower than the second data, (Yuki: Paragraphs 0044 – 0045: “In each of these tables, as shown in FIG. 3B, a “retention priority” is set for each “item” in the log. Here, it is assumed that "10" is set in the item A, "5" is set in the item B, and "3" is set in the item C. Then, when a situation requiring deletion of the log occurs, as shown in the figure, the items with the lowest priority are basically deleted. Therefore, in the case of the example in the figure, it will be deleted from item C.”,
Supplemental Note: the first data is any change of the parameters on the tables. These parameters each have a retention policy. Please refer the 35 U.S.C. 112(b) rejection for the ‘second data’)
the first data includes third data and fourth data, the third data being stored at a time when a change in a value of the first parameter is detected, the fourth data being stored at a time when a change in a value of another parameter of the various parameters is detected, and
a priority of deleting the third data is set lower than the fourth data. (Yuki: Paragraphs 0058 – 0059: “To give an easy-to-understand example, in the driving information of FIG. 4D, for example, each item marked with a circle in the common table is likely to be set with a higher retention priority than other data items. In addition, the same items in the driving tendency table and the driving environment table are likely to be corrected so as to have a higher holding priority accordingly. On the other hand, the attribute table tends to be set with a relatively low retention priority for driving information. Therefore, when deleting the log, the travel information is likely to be deleted from the data items of the attribute table. Further, as shown by the item "rapid acceleration / deceleration flag" in the figure, for example, when a sudden acceleration / deceleration operation is observed in the driving operation of the user, the holding priority of the angular velocity and the acceleration of the driving tendency table is corresponding to the sudden acceleration / deceleration operation. Is easy to set high. In this way, the retention priority of each item for each log type is appropriately corrected according to the predetermined vehicle condition.”,
Supplemental Notes: the various vehicle parameters have their own priorities which can also corrected. This can alter the priority ranking of what variables get deleted from the log data)
In sum, Yuki teaches a control method executed by a control device mounted on a vehicle for setting a priority of deleting data, the vehicle including a sensor configured to detect parameters of the vehicle, the control method comprising: acquiring the detected parameters from the sensor at a predetermined time interval; transmitting data of the vehicle to a server via wireless network, the data including various parameters including one or more of time, a location of the vehicle, a speed of the vehicle, whether a malfunction has occurred, or whether the vehicle has been stolen; storing the data at the predetermined time interval in a storage area of a memory; setting a priority of deleting the data stored at the predetermined time interval; deleting the data based on the priority in a case where a total capacity of the stored data reaches an upper limit of a physical capacity of the storage area; and detecting a change in a value of the various parameters among the data stored at the predetermined time interval, wherein the data stored at the predetermined time interval includes first data and second data, the first data being stored at a time when the change in the value of the various parameters is detected, the second data being stored at a time when no change in the value of the various parameters is detected, a priority of deleting the first data is set lower than the second data, the first data includes third data and fourth data, the third data being stored at a time when a change in a value of the first parameter is detected, the fourth data being stored at a time when a change in a value of another parameter of the various parameters is detected, and a priority of deleting the third data is set lower than the fourth data. Yuki however does not teach acquiring, from the server, information indicating a first parameter selected from among the various parameters indicating whether the vehicle has been stolen whereas Link does.
Link teaches acquiring, from the server, information indicating a first parameter selected from among the various parameters indicating whether the vehicle has been stolen; (Link: Col. 7, lines 35 – 40: “The PASS services provided include, but are not limited to automatic and manual emergency calls, manual and automatic roadside assistance, information call, remote door unlock (immediate and verified) and lock, stolen vehicle and anti-theft tracking, maintenance status reporting and remote diagnostics, and the like.”; Col. 55, lines 44 – 49: “In another aspect, a Tracking task 4406 can support geographical tracking of a PASS equipped vehicle. In one aspect, the Tracking task 4406 can manage two variations on the tracking service, Stolen Vehicle Tracking and Antitheft Tracking The underlying service can be the same, with the method of activation varying.”; Col. 55, lines 50 – 62: “Stolen Vehicle Tracking can be initiated by a call from the customer to the TOC 201 requesting that the service be enabled to track a stolen car. The TOC 201 can then send a tracking service request to the vehicle. To initiate Antitheft Tracking, the vehicle's built-in Theft Alarm system can send a message to the PASS ECU 202 via the VIC/CAN interface which can be sent to the Tracking task 4406. The Tracking task 4406 can send a data message to the TOC 201 with information regarding the theft alarm if it is not canceled within a configured time. The TOC 201 can then verify the vehicle's state with the customer. Once verified that the car is stolen the TOC 201 can send a tracking request back to the vehicle.”,
Supplemental Note: the vehicle system is able to determine a presence or absence of theft, the parameter indicating a theft is interpreted to be done by the i) a call from the customer to track a stolen vehicle or ii) the theft alarm being canceled or not within a configured time)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Yuki with the teachings of Link with a reasonable expectation of success. Please refer to the rejection of claim 1 as both claim the same function of indicating whether a vehicle has been stolen and therefore rejected under the same pretenses.
Response to Arguments
Applicant’s arguments, see section Response to Claim Interpretation of the REMARKS, filed 08/05/2025, with respect to 35 U.S.C. 112(f) claim interpretation of claims 1, 4 and 5 have been fully considered and are persuasive. The 35 U.S.C. 112(f) claim interpretation of claims 1, 4 and 5 has been withdrawn.
Applicant’s arguments, see section Response to Rejection Under 35 U.S.C. 101 of the REMARKS, filed 08/05/2025, with respect to 35 U.S.C. 101 claim rejection of claims 1 – 5 have been fully considered and are persuasive. The 35 U.S.C. 112(f) claim interpretation of claims 1, 4 and 5 has been withdrawn.
Applicant’s arguments, see section Response to Rejection Under 35 U.S.C. 102 of the REMARKS, filed 08/05/2025, with respect to 35 U.S.C. 102(a)(1)/103 claim rejection of claims 1 – 5 have been fully considered but are not persuasive. Applicant states that the amendments to claim 1, similar to claim 5, are not taught by the previously cited art of Yuki (referred to as Wakabayashi by applicant) in combination with Hirano and Link. Applicant specifically points out the limitations of “a priority of deleting the third data is set lower than the fourth data. The third data is stored at a time when a change in a value of the first parameter is detected. The fourth data is stored at a time when a change in a value of another parameter is detected. The first parameter indicates whether the vehicle has been stolen.”, are not taught. Examiner respectfully disagrees. Yuki teaches the ability to have priorities of when a vehicle parameter of a log data is to be deleted. Any of these parameters can interpreted to be the fourth or third data as they are deleted by their priority ranking when new data is acquired (Yuki: Paragraphs 0058 – 0059). Furthermore, the parameter of indicating a vehicle is stollen is taught by Link as they teach the ability of tracking a stollen vehicle (Link: Col. 7, lines 35 – 40; Col. 55, lines 44 – 49; Col. 55, lines 50 – 62).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIVAM SHARMA whose telephone number is (703)756-1726. The examiner can normally be reached Monday-Friday 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at 571-270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHIVAM SHARMA/ Examiner, Art Unit 3665
/Erin D Bishop/ Supervisory Patent Examiner, Art Unit 3665