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 . The office action is in response to an amendment/argument submitted on12/08/2025. The applicant does not submit an Information Disclosure Statement. The applicant amends claims 1, 8, and 15. The applicant cancels claims 2, 9, and 16.
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 – 8, 10 – 15, and 17 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of evaluation and/or observation without significantly more. The claims are evaluated under the MPEP and the 2019 Subject Matter Guidance, herein the guidance. The claims are evaluated with respect to example 40 of the guidance.
Step 1
The claims recite a system, a method, and non-transitory computer readable medium comprising instructions. The claims pass the first step by stating one of the four statutory categories. Therefore, the clams pass the first step.
Step 2A Prong I
The independent claim 1 is reproduced below with the abstract idea identified in italics and the pre/post solution activity in bold as a representative for the other independent claims. The other claims have the same structural and operation features but direct toward other statutory categories.
Claim 1
A system comprising: at least one computing device comprising at least one processor; and at least one memory comprising instructions, when executed, cause the at least one computing device to at least:
receive, by a vehicle management service, timestamped tire acceleration values for a set of tire sensor devices that are assigned to a vehicle that is managed by a vehicle management service, wherein a respective tire sensor device provides a tire-specific subset of the timestamped tire acceleration values, wherein the tire-specific subset of the timestamped tire acceleration values includes a plurality of vertical acceleration values and a plurality of lateral acceleration values for the respective tire sensor device;
identify, by the vehicle management service, at least one vehicle configuration parameter that defines a number of rear axles and a number of tires or wheels on each side of a respective axle; input, by the vehicle management service, the at least one vehicle configuration parameter and the timestamped tire acceleration values into a tire position classification process; and
assign, by the vehicle management service, an axle position and a vehicle side position to the respective tire sensor device based at least in part on an output from the tire position classification process, wherein the assigned axle position and vehicle side position are communicated to a vehicle control system.
The claims do not identify the purpose of the invention pursuant to MPEP 2106.07. The inventive concept is not defined in the preamble or the body of the claims. The specification states in paragraph 0015 “inflation condition”. The drawings cand the claims do not identify the result displayed in dependent claims 3, 10, and 17. Therefore, the observation of the wheels and the determining whether there are any discrepancies in operation and use may be performed through visual inspection. The claims fail to specify the data collected, processed, and used pursuant to MPEP 2106.04(a)(2)(III)(A). Thus, the claims may be performed as a mental evaluation and is thus a judicial exception of an abstract idea.
Step 2A Prong II
This judicial exception is not integrated into a practical application because the claims fail to identify what is measured with respect to the specific tires and what is displayed. Therefore, the claims do not comply with the specific requirements of the example 40 of the 2019 Subject Matter Guidance and the mandates of MPEP 2106.04(a)(2)(III)(A), identifying specific structure and specific data collected, processed and then used. Thus, the claims may be performed mentally and fail Step 2A Prong II.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims fail to identify how the vehicle is controlled based upon the evaluations or satisfy the defined elements of MPEP 2106.06(a-h). Thus, the claims fail step 2B.
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.
Claims 1, 3 – 8, 10 – 15, and 17 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Van Nierkerk US 6,571,617 in view of Tedesco US 2021/0125428.
As per claim 1, A system comprising: (Van Niekerk Col 1 lines 40 – 42)
at least one computing device comprising at least one processor; (Van Niekerk Col 2 lines 48 – 58) and (Tedesco paragraph 0070 teaches, “It may also provide communication, for example, among wheel-end units, to a central processor located on an associated vehicle, to a vehicle operator, or to a central vehicle control, maintenance, or dispatch facility, for example.”)
at least one memory comprising instructions, when executed, cause the at least one computing device to at least: (Van Niekerk Col 6 lines 9 – 13)
receive, by a vehicle management service, timestamped tire acceleration values for a set of tire sensor devices that are assigned to a vehicle that is managed by a vehicle management service, wherein a respective tire sensor device provides a tire-specific subset of the timestamped tire acceleration values, wherein the tire-specific subset of the timestamped tire acceleration values includes a plurality of vertical acceleration values and a plurality of lateral acceleration values for the respective tire sensor device; (Van Niekerk Col 3 lines 54 – 60, Col 4 lines 51 – 60, Col 13 lines 33 - 36) and (Tedesco paragraph 0118 teaches, ““Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
identify, by the vehicle management service, at least one vehicle configuration parameter that defines a number of rear axles and a number of tires or wheels on each side of a respective axle; (Van Niekerk Col 7 lines 8 – 13)
input, by the vehicle management service, the at least one vehicle configuration parameter and the timestamped tire acceleration values into a tire position classification process; (Van Niekerk Col 4 lines 18 – 23, 44 – 49) and
assign, by the vehicle management service, an axle position and a vehicle side position to the respective tire sensor device based at least in part on an output from the tire position classification process, wherein the assigned axle position and vehicle side position are communicated to a vehicle control system. (Tedesco paragraph 0079 teaches, “controlling an autonomous or remote-controlled vehicle, for example. Fleet server 106 may gather diagnostics and prognostic analysis results provided by one or more wheel-end units 108 and, at least in part, from those results may coordinate maintenance or replacement of vehicle systems or components.” And paragraph 0096 teaches, “each system 108 may operate autonomously to monitor and adjust vehicle attributes, such as tire pressure, associated with the wheel-end to which they are attached. Additionally, each system 108 may store, process, analyze and transmit or receive information (that is, raw data, analytical results or commands, for example) associated with the wheel-end to which they are attached.”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined or controlling a vehicle based upon tire data. Tedesco teaches of a period over which a tire pressure and location are determined and controlling a vehicle based upon tire data. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedesco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
2. (Cancelled)
As per claim 3, The system of claim 1, wherein the instructions, when executed, cause the at least one computing device to at least: generate a user interface that displays the axle position and the vehicle side position in association with the respective tire sensor device. (Van Niekerk Col 4 lines 44 – 56)
As per claim 4, The system of claim 1, wherein the tire position classification process comprises a machine learning process or a process comprising threshold-based rules. (Van Niekerk Col 4 lines 40 – 49)
As per claim 5, The system of claim 1, wherein the instructions, when executed, cause the at least one computing device to at least:
receive vehicle position sensor values for the vehicle; (Tedesco paragraph 0118 teaches, “ “Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”) and identify, based at least in part on the vehicle position sensor values, a time period associated with a turn, wherein the timestamped tire acceleration values correspond to the turn based at least in part on the time period. (Van Niekerk Col 3 lines 31 – 43)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined. Tedsco teaches of a period over which a tire pressure and location are determined. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedsco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
As per claim 6, The system of claim 5, wherein the turn corresponds to at least one of: a low speed turn, and a small radius turn. (Van Niekerk Col 3 lines 31 – 43)
As per claim 7, The system of claim 1, wherein the instructions, when executed, cause the at least one computing device to at least:
receive timestamped vehicle position sensor values for the vehicle, wherein the timestamped vehicle position sensor values are provided as inputs to the tire position classification process along with the at least one vehicle configuration parameter and the timestamped tire acceleration values. (Van Niekerk Col 3 lines 31 – 34) and (Tedesco paragraph 0118 teaches, “Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined. Tedsco teaches of a period over which a tire pressure and location are determined. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedsco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
As per claim 8, A method comprising:
receiving, by a vehicle management service executed by at least one computing device, timestamped tire acceleration values for a set of tire sensor devices that are assigned to a vehicle that is managed by a vehicle management service, wherein a respective tire sensor device provides a tire-specific subset of the timestamped tire acceleration values, wherein the tire-specific subset of the timestamped tire acceleration values includes a plurality of vertical acceleration values and a plurality of lateral acceleration values for the respective tire sensor device; (Van Niekerk Col 3 lines 54 – 60, Col 4 lines 51 – 56, and Col 13 lines 33 - 36) and (Tedsco paragraph 0018 teaches, ““Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
identifying, by the vehicle management service, at least one vehicle configuration parameter that defines a number of rear axles and a number of tires or wheels on each side of a respective axle; (Van Niekerk Col 7 lines 8 – 13)
inputting, by the vehicle management service, the at least one vehicle configuration parameter and the timestamped tire acceleration values into a tire position classification process; (Van Niekerk Col 4 lines 18 – 23, 44 – 49)
assigning, by the vehicle management service, an axle position and a vehicle side position to the respective tire sensor device based at least in part on an output from the tire position classification process; (Van Niekerk Col 4 lines 18 – 23, 44 – 49) and (Tedesco paragraph 0075 teaches, “In example embodiments a wheel-end unit may compare measurements from axle to axle on the same vehicle to determine whether an associated axle is out of alignment (for example, if one wheel turns at a higher rate than another or) or brake dis-function (for example, brake drag or other failure) by comparing wheel rotation rates, temperature, and rate of change, for example.”) and
communicating the assigned axle position and vehicle side position to a vehicle control system. (Tedesco paragraph 0079 teaches, “controlling an autonomous or remote-controlled vehicle, for example. Fleet server 106 may gather diagnostics and prognostic analysis results provided by one or more wheel-end units 108 and, at least in part, from those results may coordinate maintenance or replacement of vehicle systems or components.” And paragraph 0096 teaches, “each system 108 may operate autonomously to monitor and adjust vehicle attributes, such as tire pressure, associated with the wheel-end to which they are attached. Additionally, each system 108 may store, process, analyze and transmit or receive information (that is, raw data, analytical results or commands, for example) associated with the wheel-end to which they are attached.”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined or controlling a vehicle based upon tire data. Tedesco teaches of a period over which a tire pressure and location are determined and controlling a vehicle based upon tire data. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedesco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
9. (Cancelled)
As per claim 10, The method of claim 8, further comprising: generating a user interface that displays the axle position and the vehicle side position in association with the respective tire sensor device. (Van Niekerk Col 4 lines 44 – 56)
As per claim 11, The method of claim 8, wherein the tire position classification process comprises a machine learning process or a process comprising threshold-based rules. (Van Niekerk Col 4 lines 40 – 49)
As per claim 12, The method of claim 8, further comprising:
receiving vehicle position sensor values for the vehicle; and
identifying, based at least in part on the vehicle position sensor values, a time period associated with a turn, wherein the timestamped tire acceleration values correspond to the turn based at least in part on the time period. (Van Niekerk Col 3 lines 31 – 43)
As per claim 13, The method of claim 12, wherein the turn corresponds to at least one of: a low speed turn, and a small radius turn. (Van Niekerk Col 3 lines 31 – 43)
As per claim 14, The method of claim 8, further comprising: receiving timestamped vehicle position sensor values for the vehicle, wherein the timestamped vehicle position sensor values are provided as inputs to the tire position classification process along with the at least one vehicle configuration parameter and the timestamped tire acceleration values. (Van Niekerk Col 3 lines 31 – 43) and (Tedsco paragraph 0118 teaches, ““Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined. Tedsco teaches of a period over which a tire pressure and location are determined. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedsco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
As per claim 15, A non-transitory computer readable medium comprising instructions executable by at least one computing device, the instructions, when executed by the at least one computing device, causing the at least one computing device to at least: (Van Niekerk Col 6 lines 11, 12)
receive, by a vehicle management service, timestamped tire acceleration values for a set of tire sensor devices that are assigned to a vehicle that is managed by a vehicle management service, wherein a respective tire sensor device provides a tire-specific subset of the timestamped tire acceleration values, wherein the tire-specific subset of the timestamped tire acceleration values includes a plurality of vertical acceleration values and a plurality of lateral acceleration values for the respective tire sensor device; (Van Niekerk Col 3 lines 54 – 60, Col 4 lines 51 – 56, and Col 13 lines 33 - 36) and (Tedsco paragraph 0118 teaches, ““Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
identify, by the vehicle management service, at least one vehicle configuration parameter that defines a number of rear axles and a number of tires or wheels on each side of a respective axle; (Van Niekerk Col 7 lines 8 – 13)
input, by the vehicle management service, the at least one vehicle configuration parameter and the timestamped tire acceleration values into a tire position classification process; (Van Niekerk Col 4 lines 18 – 23, and 44 – 49)
assign, by the vehicle management service, an axle position and a vehicle side position to the respective tire sensor device based at least in part on an output from the tire position classification process; (Van Niekerk Col 4 lines 18 – 23, 44 – 49) and (Tedesco paragraph 0075 teaches, “In example embodiments a wheel-end unit may compare measurements from axle to axle on the same vehicle to determine whether an associated axle is out of alignment (for example, if one wheel turns at a higher rate than another or) or brake dis-function (for example, brake drag or other failure) by comparing wheel rotation rates, temperature, and rate of change, for example.”) and
communicate the assigned axle position and vehicle side position to a vehicle control system. (Tedesco paragraph 0079 teaches, “controlling an autonomous or remote-controlled vehicle, for example. Fleet server 106 may gather diagnostics and prognostic analysis results provided by one or more wheel-end units 108 and, at least in part, from those results may coordinate maintenance or replacement of vehicle systems or components.” And paragraph 0096 teaches, “each system 108 may operate autonomously to monitor and adjust vehicle attributes, such as tire pressure, associated with the wheel-end to which they are attached. Additionally, each system 108 may store, process, analyze and transmit or receive information (that is, raw data, analytical results or commands, for example) associated with the wheel-end to which they are attached.”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined or controlling a vehicle based upon tire data. Tedesco teaches of a period over which a tire pressure and location are determined and controlling a vehicle based upon tire data. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedesco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
16. (Cancelled)
As per claim 17, The non-transitory computer readable medium of claim 15, wherein the instructions, when executed, cause the at least one computing device to at least: generate a user interface that displays the axle position and the vehicle side position in association with the respective tire sensor device. (Van Niekerk Col 4 lines 44 – 56)
As per claim 18, The non-transitory computer readable medium of claim 15, wherein the tire position classification process comprises a machine learning process or a process comprising threshold-based rules. (Van Niekerk Col 4 lines 40 – 49)
As per claim 19, The non-transitory computer readable medium of claim 15, wherein the instructions, when executed, cause the at least one computing device to at least:
receive vehicle position sensor values for the vehicle; (Tedsco paragraph 0118 teaches, “Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”) and
identify, based at least in part on the vehicle position sensor values, a time period associated with a turn, wherein the timestamped tire acceleration values correspond to the turn based at least in part on the time period. (Van Niekerk Col 3 lines 31 – 43)
As per claim 20, The non-transitory computer readable medium of claim 15, wherein the instructions, when executed, cause the at least one computing device to at least:
receive timestamped vehicle position sensor values for the vehicle, wherein the timestamped vehicle position sensor values are provided as inputs to the tire position classification process along with the at least one vehicle configuration parameter and the timestamped tire acceleration values. (Van Niekerk Col 3 lines 31 – 43) and (Tedsco paragraph 0118 teaches, “Time stamps by controller 906 of such an event, along with GPS location data for that time stamp (in example embodiments a GPS receiver is included in system 108 or GPS data may be obtained through communication with a separate system on board the vehicle),”)
Van Niekerk discloses an apparatus and method of identifying a tire inflation pressure and location. Van Niekerk does not disclose a period over which a tire pressure and location are determined. Tedsco teaches of a period over which a tire pressure and location are determined. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Tedsco et.al. into the invention of Van Niekerk. Such incorporation is motivated by the need to ensure accurate identification of a possible safety concern.
Response to Arguments
Applicant's arguments filed 12/08/2025 have been fully considered but they are not persuasive. With respect to applicant’s arguments regarding the section 101 rejection. Applicant relies heavily upon the 2014 Subject Matter Guidance and example 26, which is superseded by the 2019 Subject Matter Guidance. Therefore, the 2019 Subject Matter Guidance has priority and establishes precedent for evaluating the claims. Thus, the argument is not persuasive.
With respect to the 2025 Memorandum, applicant fails to follow the guidance in the 2019 Guidance and incorporate the 2025 memorandum to be used in combination when evaluating the claims. Therefore, when examining the claims under the 2019 Guidance and 2025 memorandum the claims still claim an abstract idea. The claims do not identify what values acceleration values, configuration parameters, and tire sensor data are used to control a vehicle. The feature of controlling a vehicle has not correlated use to the data gathered. Therefore, the arguments and amended claim are not persuasive and by way of example, the operations may still be performed in the mind of an operator observing whether a tire pressure low warning light illuminating and noting the speed for which it occurs and driving the vehicle according to the current state of the tires.
With respect to applicant’s arguments regarding the section 103 rejection. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, One of ordinary skill in the art would know that it is important to know the status of a tire while operating a vehicle. The claims do not state how the vehicle is controlled based upon the collected data or the specific data collected. The claims do not identify what values acceleration values, configuration parameters, and tire sensor data are used to control a vehicle. Therefore, given the breadth of the claimed invention it would have been obvious to one or ordinary skill in the art to incorporate two references.
Conclusion
THIS ACTION IS MADE FINAL. 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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/TYLER D PAIGE/Primary Examiner, Art Unit 3664