DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is a FINAL office action in response to the Applicant’s response filed 10 November 2026.
Claims 1 and 6 have been amended.
Claims 9 and 10 have been added.
Claims 1 and 3-10 are currently pending and have been examined.
Response to Arguments
Applicant's arguments filed 27 May 2025 with regards to acquiring occupant data from the occupant present in the vehicle have been fully considered but they are not persuasive.
With respect to the claims, the Applicant argues on page 9 of their response, “Applicant respectfully submits that none of the cited art of record, whether alone or in combination, discloses or suggests this newly added features, i.e., ‘acquire occupant data from the occupant present in the vehicle,’ and ‘in response to the identification data and the occupant data matching with each other, determine that the owner of the communicator identified by the payment data acquired from the communicator is the occupant present in the vehicle’ as recited in amended claims 1 and 6.” The Applicant continues on page 10 of their response, “Applicant respectfully submits that the cited paragraphs in Ravi clearly mention ‘the device authentication module 202 may be configured to determine if the portable device authentication process layer is successfully completed based on authenticating and authorizing the user 110 to use the portable device 104’ and ‘the portable device authentication process layer is successfully completed based on the user 110 successfully unlocking the portable device 104’ (paras. [0061] and [0063], emphasis added). In other words, if the user is able to unlock the portable device 104, the portable device authentication process layer is successfully completed. That is to say, the authentication in Ravi is completely based on the result of the unlocking of the portable device 104. With respect to such unlocking process in Ravi, as stated in previous Response, simply utilizes the portable device 104 itself to receive or read user credentials, compares the obtained user credentials with the user ID data 134, to complete the unlocking process. However, nowhere does Ravi disclose or suggest verifying it is the same person who unlocked the portable device 104 physically present in the vehicle, to complete or pass the authentication process. As discussed above and also stated in the previous Response, Ravi merely proposes to complete the unlocking process by the single device, i.e., the portable device 104. In Ravi, user credentials are not captured by any other device (e.g., any device mounted on thus located within a vehicle) except the portable device 104, and there is not any operation executed by any device of the vehicle during this process.” The Examiner respectfully disagrees with the Applicant’s interpretation of the cited prior art of record and the broadest reasonable interpretation of the claimed invention. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the Applicant has made arguments solely directed towards the disclosure of Ravi, however, the previous and current rejection are stated in view of a combination of Honeycutt, Ravi, Penilla, and Chutorash. The Examiner notes that Honeycutt states in paragraphs 24-26:
“Referring now to FIG. 2A, a flow diagram of a method 200 of authenticating an individual who has entered the vehicle 104 is shown according to an example embodiment. Method 200 is performed by the processor 110 and identity logic 122 of the occupant identity system 108. Method 200 begins with the occupant identity system 108 detecting the presence of an individual at 202. The individual has entered the vehicle 104 or is in near proximity. Detecting the presence of an individual may be made in various ways including door sensors, proximity sensors, detection of RFID keys (e.g., a key used to unlock and start the vehicle 104), RFID or NFC enabled user devices, and the like. The occupant identity system 108 determines whether the individual is a known or authenticated individual or an unknown individual at 204. Authentication may take place in various ways including verification of RFID keys, RFID or NFC enabled mobile devices, the use of biometrics, inputting of a PIN or pass-code, etc. Authentication may be done by way of two-factor or multiple-factor authentication. If the individual is a known and authenticated individual, the occupant identity system 108 adjusts settings to various permissions and/or restrictions at 206 based on the presence and specific identity of the individual. Permissions and restrictions may relate to access to any infotainment functionality, access to the network, access to GPS navigation, the amount of information shown on the occupant identity system, seat positions, steering wheel positions, climate control settings, radio preferences, and the like. The exiting of the vehicle 104 by the individual ends the session at 208. The detection of vehicle exit may be accomplished by various means including door opening sensors, seat weight sensors, motion sensors, proximity sensors, etc. In some arrangements, the vehicle 104 maintains a history of individuals that have been authenticated by the vehicle 104. This history may contain at least date, time, and duration information. Other information is stored and maintained along with the identity of the user including fuel use, infotainment use, vehicle location, stored financial information use, sensor information recording wear and tear on the vehicle, acceleration and deceleration metrics, and the like.
Continuing with FIG. 2A, if the individual is unknown or unable to be authenticated, the method 200 begins an authentication procedure at 210. During the authentication procedure at 210, in some arrangements the occupant identity system 108 receives personal details of the unknown or unauthenticated individual. These personal details include name, address, driver's license number, social security number, and the like. For example, the unknown or unauthenticated individual may not have previously registered with the occupant identity system 108 or the owner of the vehicle 104. The occupant identity system 108 is be able to read or scan a bar code, magnetic strip, or RFID or NFC enabled microchip on a driver's license or other identification card or analyze a received image of the driver's license or other identification card in order to authenticate the individual. In an alternate embodiment, the occupant identity system 108 receives the personal details of the unknown or unauthenticated individual via data that is being entered into a mobile device of the occupant that is in communication with the occupant identity system 108 or via the user input 118. The communication between the occupant identity system 108 and the individual's mobile device is through RFID, NFC, secure Wi-Fi, Bluetooth, etc.
Finally, as part of the authentication procedure, the occupant identity system 108 requests personal details that may have to be combined with a proof of identity at 212 to finish authentication in some arrangements. Personal details are biographical information, financial information details, credit report details, etc. Personal details may also include biometric data (e.g. fingerprint scan, iris or retina scan, facial features, voice features). In some arrangements, the personal details along with any biometric data are stored indefinitely in the occupant identity system 108. In other arrangements, the personal details and related data can be set to expire or be deleted after a set period of time or upon certain inputs (e.g., at the request of the user associated with the personal details and biometric data, at the request of the vehicle owner, etc.).” (Emphasis added).
As shown and emphasized here, Honeycutt has disclosed an occupant of a vehicle providing occupant information, including biometric information, and financial information to the vehicle computer, wherein the computer authenticates the user, and wherein upon authenticating the user, making vehicle services available to the occupant. It is further noted, Ravi discloses in paragraph 60, “In an exemplary embodiment, upon the user 110 attempting to access and use the vehicle connect application 108 through the display unit(s) of the vehicle 102 and/or the display unit 130 of the portable device 104, the user 110 may be prompted to enter the user credentials and/or allow the sensors of the portable device 104 to read biometric information (e.g., face scan, eye scan, finger print scan). Data provided based on the entering of user credentials and/or reading of biometric information may be received by the processor 136 and compared to the encrypted data of the application ID data 140 to thereby determine if the user 110 is authenticated and authorized to access and use the vehicle connect application 108. As discussed below, the authenticating and authorizing the user 110 to access and use the vehicle connect application 108 may be analyzed to determine that the application access authentication process layer has successfully completed as one of the plurality of layered authentication processes that are to be successfully completed for the user 110 to access the payment wallet 112 of the vehicle connect application 108.” (Emphasis added). As shown and emphasized here, Ravi has disclosed using sensors to collect user credentials and/or biometric information (including a facial image), wherein this information is compared to encrypted application data, and when the user identity is confirmed, then allowing them access to the payment wall and vehicle connect application. Notably, the vehicle display unit is in the vehicle, and that the vehicle provides their credentials to it, thus, the user is the occupant of the vehicle, which is contrary to the Applicant’s assertions. It is noted that Ravi continues in paragraph 61 states, “The general functionality of the layered authentication system 114 will now be discussed. In an exemplary embodiment, the vehicle connect application 108 and one or more features and systems of the application 108, including but not limited to the payment wallet 112 and the layered authentication system 114 may be fully or partially executed by the processor 136 of the external server 106 and data may be communicated through the internet cloud to allow the application 108 to be utilized through the vehicle 102 and/or the portable device 104. In additional embodiments, the vehicle connect application 108 and one or more features and systems of the application 108, including but not limited to the payment wallet 112 and the layered authentication system 114 may be fully or partially executed by the ECU 116 of the vehicle 102 and/or the microprocessor 126 of the portable device 104.” (Emphasis added). Additionally, paragraph 63 states, “In one embodiment, the device authentication module 202 may be configured to determine if the portable device authentication process layer is successfully completed based on authenticating and authorizing the user 110 to use the portable device 104 (e.g., unlock and use the portable device 104). If the device authentication module 142 determines that the portable device authentication process layer is successfully completed based on the user 110 successfully unlocking the portable device 104, the device authentication module 142 may communicate respective data to the payment authorization module 210 of the layered authentication system 114.” (Emphasis added). As shown and emphasized here, Ravi has disclosed a user portable device connecting and communicating information with a vehicle upon authentication of the portable device, and based on this confirmation, allowing the use of the payment means to pay for services. As such, the combination of Honeycutt and Ravi have disclosed a user device providing payment information and user identification data to a vehicle computer (Honeycutt), wherein the information is provided with device unlocking data (Ravi), wherein the vehicle has sensors that are mounted in the vehicle and that receive the occupant data, including facial features and biometric information (Honeycutt and Ravi), and wherein upon comparing the received information and authenticating the user, enabling the user to use vehicle services, including toll services (Honeycutt and Ravi). Thus, the cited references, when viewed in combination, disclose the claimed elements. Therefore, the Examiner maintains that this rejection is proper.
Applicant's arguments filed 27 May 2025 with regards to Chutorash disclosing deleting payment information have been fully considered but they are not persuasive.
With respect to the claims, the Application discloses on pages 10 and 11 of their response, “The Office cites paras. [0116], [0140]-[0144] in Chutorash for an alleged disclosure of ‘[d]etermine whether the vehicle is in an ignition-off state; in response to the vehicle being in the ignition-off state, delete the payment data and the identification data to invalidate the payment data and the identification data’ (Office Action at 11-12). Applicant respectfully submits that the cited portion in Chutorash describes a process 900 for storing and deleting payment information in conjunction with FIG. 9. However, it is noted that Chutorash proposes to erase payment information from a memory after a predetermined time elapse (see 910, 912, 914 in FIG. 9 and paras. [0143]-[0144]), and nowhere in the cited portion of Chutorash discloses or suggests determining an ‘ignition-off state’ and deleting payment data based on such determination. Therefore, Chutorash fails to disclose or suggest the claimed elements as alleged by the Office.” The Examiner respectfully disagrees with the Applicant’s interpretation of the cited prior art of record and the broadest reasonable interpretation of the claimed invention. In this case, Chutorash states in paragraph 116, “Payment selection system 620 may include a memory device 626 or may be coupled to a memory device (e.g. memory device 132 of vehicle control system 106). Memory device 626 may store data regarding the payment methods. According to an exemplary embodiment, memory device 626 may store payment methods used previously by a user, and may use the payment method information as stored to execute further payments. According to an exemplary embodiment, the memory may be volatile memory such that the payment method information may be deleted if the information is not used for a specific length of time (e.g., 1 hour, 1 day, etc.). According to another exemplary embodiment, the volatile memory may erase all data when vehicle 100 is turned off.” (Emphasis added). As shown and emphasized here, Chutorash has disclosed storing payment information in memory, wherein the memory is deleted after a period of time or when the vehicle is turned off. The Examiner notes that turning off a vehicle, is the same thing as the vehicle being placed into the “ignition-off” state that is claimed. Additionally, it is noted that Chutorash states in paragraphs 143, “The payment information regarding the selected object and/or account may be stored in volatile memory (step 908) of the vehicle control system. According to an exemplary embodiment, a timer is started when the payment information is first stored in volatile memory (step 910).” (Emphasis added). Chutorash continues in paragraph 144, “A determination may be made as to whether the timer has expired (step 912). If the time period has elapsed, the payment information may be removed from memory (step 914). Process 900 may remain idle until a new payment is requested, initializing the payment selection system (step 916). For example, the system may be configured to delete all payment information after a specific time period (e.g., 1 hour, 2 hours, 1 day, etc.). The timer may be set to count down a specific time period for retaining the payment information when the payment information is first stored into volatile memory. If the payment information was already in volatile memory, the timer may reset to the original specific time period and begin counting down again (to step 910). According to an alternative exemplary embodiment, the timer system as described may be omitted and the process of erasing data in volatile memory may occur when a vehicle is turned off, after receiving a user input, in response to an alarm triggered by a key fob, in response to a request received at communications electronics of the vehicle control system, or can be triggered via other methods (e.g., voice command).” (Emphasis added). Further as shown here, it is noted that Chutorash has disclosed storing the payment information, and deleting it from memory after a period of time, or in response to another situation, such as the vehicle being turned off. As such, contrary to the Applicant’s assertion that Chutorash disclose only deleting payment information after a timer, it is noted that Chutorash has explicitly disclosed deleting the information when the vehicle is turned off, which is notably when it is in the “ignition-off state.” Therefore, the Examiner maintains that this rejection is proper.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 4, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Honeycutt et al. (US 2020/0380518 A1) (hereinafter Honeycutt), in view of Ravi (US 2020/0311716 A1) (hereinafter Ravi), in view of Penilla (US 2019/0263424 A1) (hereinafter Penilla), and further in view of Chutorash et al. (US 2010/0280956 A1) (hereinafter Chutorash).
With respect to claim 1, Honeycutt teaches:
A synchronizer to be mounted on the vehicle and configured to: communicatively coupled to communicator of an occupant of the vehicle to synchronize with the communicator, and acquire, from the communicator of the occupant, payment data and identification data of a legal user of the communicator (See at least paragraphs 16, 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, and wherein the mobile device provides financial information, identity information, and biometric information).
An occupant data obtainer to be mounted on the vehicle and: acquire occupant data from the occupant, communicatively coupled to a vehicle processor to transmit the acquired occupant data to the vehicle processor (See at least paragraphs 16, 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, and wherein the mobile device provides financial information, identity information, and biometric information).
The vehicle processor mounted on the vehicle and configured to determine whether the vehicle is in an ignition-on state; in response to the vehicle being in the ignition-on state, perform a comparison between the identification data and the occupant data, and determine that the owner of the communicator identified by the payment data acquired from the communicator (See at least paragraphs 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, wherein the mobile device provides financial information, identity information, and biometric information, and wherein the controller compares the received information in order to confirm the identity of the user and authenticate them).
Honeycutt discloses all of the limitations of claim 1 as stated above. Honeycutt does not explicitly disclose the following, however Ravi teaches:
A synchronizer to be mounted on the vehicle and configured to: communicatively coupled to a communicator of an occupant of the vehicle to synchronize with the communicator, and acquire, from the communicator of the occupant, payment data and identification data of an owner of the communicator, the identification data including unlocking data unlocking a locked state of the communicator (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 60, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the mobile device provides the vehicle with payment data and identification data, wherein the identification data shows that the user is the legal owner of the device, and that includes unlocking data (e.g. passwords or pins) for the mobile device).
An occupant data obtainer to be mounted on the vehicle and configured to: acquire occupant data from the occupant present in the vehicle; and communicatively coupled to a vehicle processor to transmit the acquired occupant data to the vehicle processor (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 60, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the user also provides occupant data to the vehicle).
The vehicle processor mounted on the vehicle and configured to perform a comparison between the identification data and the occupant data to determine whether the identification data and the occupant data match with each other; In response to the identification data and the occupant data matching with each other, determine that owner of the communicator identified by the payment data acquired from the communicator is the occupant of present in the vehicle, in response to determining the owner identified by the payment data is the occupant present in the vehicle, validate a payment that is based on the payment data; transmit the validated payment data to the in-vehicle device (See at least column 4, 28, 29, 48, 50-52, 56, 60, 61, 63, and 67 which describe comparing the received information from a mobile device and occupant data also received to determine if the occupant is the legal owner of the mobile device, and if so, then validating the use of a wallet on the mobile device to be used for tasks, such as paying tolls).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi. By verifying that a user is capable of unlocking their phone, and comparing received identification data to received occupant data, a wallet system will predictably increase security, as unwanted users will not have access to a wallet for fraudulent purchases.
The combination of Honeycutt and Ravi discloses all of the limitations of claim 1 as stated above. Honeycutt and Ravi do not explicitly disclose the following, however Penilla teaches:
An electronic toll collection (ETC) in-vehicle device mounted on the vehicle and configured to communicatively couple to a roadside device to execute a payment of a facility associated with the roadside device; transmit the validated payment data to the ETC in-vehicle device, the validated payment being transmitted by the ETC in-vehicle device to the roadside device to execute the payment of the facility (See at least paragraphs 149-152 which describe a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla. By having an in-vehicle toll device transmit payment information to toll facilities near a toll road, a managing system will predictably be able to ensure that a user has paid for their toll use, and thus further increasing the sales activities and revenue generated.
The combination of Honeycutt, Ravi, and Penilla discloses all of the limitations of claim 1 as stated above. Honeycutt, Ravi, and Penilla do not explicitly disclose the following, however Chutorash teaches:
Determine whether the vehicle is in an ignition-off state; in response to the vehicle being in the ignition-off state, delete the payment data and the identification data to invalidate the payment data and the identification data (See at least paragraphs 116, 140-144 which describe a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla, with the system and method of a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods of Chutorash. By erasing payment and account information that have been stored in a vehicle when it turns off, a vehicle payment management system will predictably increase security of user payments, as it will prevent fraudulent transactions and theft from occurring.
With respect to claim 3, Honeycutt/Ravi/Penilla/Chutorash discloses all of the limitations of claim 1 as stated above. In addition, Honeycutt teaches:
Wherein the occupant data obtainer comprises an imaging device configured to capture an image inside the vehicle, and the occupant data obtainer is configured to acquire biological data of the occupant as the occupant data (See at least paragraphs 16 and 26 which describe using sensors, such as a camera, to collect biometric information from an occupant, wherein the information includes facial features, iris features, retinal features, and fingerprint features).
With respect to claim 4, Honeycutt/Ravi/Penilla/Chutorash discloses all of the limitations of claims 1 and 3 as stated above. In addition, Honeycutt teaches:
Wherein the identification data comprises one or more of face data, vein data, and iris data, the occupant data obtainer is configured to acquire one or more of the face data, the vein data, and the iris data as the biological data, and the vehicle processor is configured to determine whether the owner is the person identified by the payment data, based on one or more of the face data, the vein data, and the iris data (See at least paragraphs 16, 25, and 26 which describe using sensors, such as a camera, to collect biometric information from an occupant, wherein the information includes facial features, iris features, retinal features, and fingerprint features; and wherein the controller authenticates the user based on the received biometric information).
With respect to claim 6, Honeycutt teaches:
Circuitry to be mounted on the vehicle, wherein the circuitry is configured to: Communicatively couple to a communicator of an occupant of the vehicle to synchronize with the communicator, and acquire, from the communicator of the occupant, payment data and identification data of an owner of the communicator (See at least paragraphs 16, 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, and wherein the mobile device provides financial information, identity information, and biometric information).
Cause an occupant data obtainer mounted on the vehicle to acquire occupant data from the occupant present in the vehicle and to transmit the acquired occupant data to the circuitry (See at least paragraphs 16, 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, and wherein the mobile device provides financial information, identity information, and biometric information).
Determine whether the vehicle is in an ignition-on state; in response to the vehicle being in the ignition-on state, perform a comparison between the identification data and the occupant data, and determine that the owner identified by the payment data acquired from the communicator is the occupant present in the vehicle(See at least paragraphs 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, wherein the mobile device provides financial information, identity information, and biometric information, and wherein the controller compares the received information in order to confirm the identity of the user and authenticate them).
In response to determining the occupant is the owner identified by the payment data is the occupant present in the vehicle, validate a payment that is based on the payment data (See at least paragraphs 17, 18, 30, 34, and 35 which describe validating a payment method upon authenticating the occupant, wherein the payment method is used for merchants, such as for toll roads).
Honeycutt discloses all of the limitations of claim 6 as stated above. Honeycutt does not explicitly disclose the following, however Ravi teaches:
Communicatively couple to a communicator of an occupant of the vehicle to synchronize with the communicator, and acquire, from the communicator of the occupant, payment data and identification data of an owner of the communicator, the identification data including unlocking data unlocking a locked state of the communicator (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the mobile device provides the vehicle with payment data and identification data, wherein the identification data shows that the user is the legal owner of the device, and that includes unlocking data (e.g. passwords or pins) for the mobile device).
Cause an occupant data obtainer to acquire occupant data from the occupant person in the vehicle and to transmit the acquired occupant data to the circuitry (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the user also provides occupant data to the vehicle).
Perform a comparison between the identification data and the occupant data to determine whether the identification data and the occupant data match with each other; in response to the identification data and the occupant data match with each other, determine that the owner identified by the payment data acquired from the communicator is the occupant present in the vehicle; in response to determining the occupant is the owner identified by the payment data is the occupant present in the vehicle, validate a payment that is based on the payment data (See at least column 4, 28, 29, 48, 50-52, 56, 60, 61, 63, and 67 which describe comparing the received information form a mobile device and occupant data also received to determine if the occupant is the legal owner of the mobile device, and if so, then validating the use of a wallet on the mobile device to be used for tasks, such as paying tolls).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi. By verifying that a user is capable of unlocking their phone, and comparing received identification data to received occupant data, a wallet system will predictably increase security, as unwanted users will not have access to a wallet for fraudulent purchases.
The combination of Honeycutt and Ravi discloses all of the limitations of claim 6 as stated above. Honeycutt and Ravi do not explicitly disclose the following, however Penilla teaches:
An electronic toll collection (ETC) in-vehicle device to be mounted on the vehicle; Transmit the validated payment data to the ETC in-vehicle device, the ETC in-vehicle device being configured to communicatively couple to a roadside device to execute a payment of a facility associated with the roadside device, the validated payment being transmitted by the ETC in-vehicle device to the roadside to execute the payment of the facility (See at least paragraphs 149-152 which describe a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla. By having an in-vehicle toll device transmit payment information to toll facilities near a toll road, a managing system will predictably be able to ensure that a user has paid for their toll use, and thus further increasing the sales activities and revenue generated.
The combination of Honeycutt, Ravi, and Penilla discloses all of the limitations of claim 6 as stated above. Honeycutt, Ravi, and Penilla do not explicitly disclose the following, however Chutorash teaches:
Determine whether the vehicle is in an ignition-off state; in response to the vehicle being in the ignition-off state, delete the payment data and the identification data to invalidate the payment data and the identification data (See at least paragraphs 116, 140-144 which describe a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla, with the system and method of a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods of Chutorash. By erasing payment and account information that have been stored in a vehicle when it turns off, a vehicle payment management system will predictably increase security of user payments, as it will prevent fraudulent transactions and theft from occurring.
With respect to claim 9, Honeycutt teaches:
A camera disposed in a vehicle compartment of the vehicle and configured to capture an image of a face of a driver present in the vehicle (See at least paragraphs 16, 18, 24, and 26 which describe sensors, including a camera, as being installed in a vehicle, wherein the sensors are utilized to collect occupancy information, such as biometric information including facial features and iris/retinal scans, and are used to identify the occupant)
Circuitry configured to: communicatively couple to a communicator of an occupant of the vehicle to synchronize with the communicator; acquire, from the communicator of the occupant, payment data and identification data of an owner of the communicator (See at least paragraphs 16, 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, and wherein the mobile device provides financial information, identity information, and biometric information).
Acquire face data of the driver present in the vehicle from the captured image (See at least paragraphs 16, 18, 24-26 which describe sensors, including a camera, as being installed in a vehicle, wherein the sensors are utilized to collect occupancy information, such as biometric information including facial features and iris/retinal scans, and are used to identify the occupant)
Determine whether the vehicle is in an ignition-on state; In response to the vehicle being in the ignition-on state, perform a comparison between the identification data and the face data, determine that the owner identified by the payment data acquired from the communicator is the driver present in the vehicle (See at least paragraphs 24-26 which describe a user entering a vehicle and starting it, wherein the user authenticates themselves with the vehicle controller using their mobile device, wherein the mobile device provides financial information, identity information, and biometric information, and wherein the controller compares the received information in order to confirm the identity of the user and authenticate them).
In response to determining the owner identified by the payment data is the driver present in the vehicle, validate a payment that is based on the payment data (See at least paragraphs 17, 18, 30, 34, and 35 which describe validating a payment method upon authenticating the occupant, wherein the payment method is used for merchants, such as for toll roads).
Honeycutt discloses all of the limitations of claim 9 as stated above. Honeycutt does not explicitly disclose the following, however Ravi teaches:
Circuitry configured to: communicatively couple to a communicator of an occupant of the vehicle to synchronize with the communicator; acquire, from the communicator of the occupant, payment data and identification data of an owner of the communicator, the identification data including unlocking data unlocking a locked state of the communicator (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the mobile device provides the vehicle with payment data and identification data, wherein the identification data shows that the user is the legal owner of the device, and that includes unlocking data (e.g. passwords or pins) for the mobile device).
Acquire occupant data of the driver present in the vehicle (See at least paragraphs 3, 4, 26, 28, 29, 30, 40-46, 48, 50-52, 58, 61, 63, 77-81, and 84 which describe a user connecting their mobile device to a vehicle computer using wireless or wired communication means, wherein the user also provides occupant data to the vehicle).
In response to the vehicle being in the ignition-on state, perform a comparison between the identification data and the occupant data to determine whether the identification data and the occupant data match with each other; in response to the identification data and the occupant data matching with each other, determine that the owner identified by the payment data acquired from the communicator is the driver present in the vehicle; in response to determining the owner identified by the payment data is the driver present in the vehicle, validate a payment that is based on the payment data (See at least column 4, 28, 29, 48, 50-52, 56, 60, 61, 63, and 67 which describe comparing the received information form a mobile device and occupant data also received to determine if the occupant is the legal owner of the mobile device, and if so, then validating the use of a wallet on the mobile device to be used for tasks, such as paying tolls).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi. By verifying that a user is capable of unlocking their phone, and comparing received identification data to received occupant data, a wallet system will predictably increase security, as unwanted users will not have access to a wallet for fraudulent purchases.
The combination of Honeycutt and Ravi discloses all of the limitations of claim 9 as stated above. Honeycutt and Ravi do not explicitly disclose the following, however Penilla teaches:
An electronic toll collection (ETC) in-vehicle device; transmit the validated payment data to the ETC in-vehicle device, the ETC in- vehicle device being configured to communicatively couple to a roadside device to execute a payment of a facility associated with the roadside device, the validated payment being transmitted by the ETC in-vehicle device to the roadside device to execute the payment of the facility (See at least paragraphs 149-152 which describe a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla. By having an in-vehicle toll device transmit payment information to toll facilities near a toll road, a managing system will predictably be able to ensure that a user has paid for their toll use, and thus further increasing the sales activities and revenue generated.
The combination of Honeycutt, Ravi, and Penilla discloses all of the limitations of claim 6 as stated above. Honeycutt, Ravi, and Penilla do not explicitly disclose the following, however Chutorash teaches:
Determine whether the vehicle is in an ignition-off state; and In response to the vehicle being in the ignition-off state, delete the payment data and the identification data to invalidate the payment data and the identification data (See at least paragraphs 116, 140-144 which describe a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla, with the system and method of a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods of Chutorash. By erasing payment and account information that have been stored in a vehicle when it turns off, a vehicle payment management system will predictably increase security of user payments, as it will prevent fraudulent transactions and theft from occurring.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Honeycutt, Ravi, Penilla, and Chutorash as applied to claim 1 as stated above, and further in view of Jeong (US 2023/0376967 A1) (hereinafter Jeong).
With respect to claim 5, Honeycutt/Ravi/Penilla/Chutorash discloses all of the limitations of claim 1 as stated above. In addition, Honeycutt teaches:
Navigator configured to acquire position data of the vehicle, wherein the vehicle processor is configured to acquire, based on the navigator, the position data of the vehicle upon deactivation of the vehicle, and maintain the validated payment data (See at least paragraphs 16, 24, 25, 26, 32, and 36 which describe tracking a vehicle using a GPS, wherein services are identified based on the location information, and wherein the financial information is stored in the controller until the end of the rental period, until the occupant exits the vehicle, or some predetermined period of time).
Honeycutt discloses all of the limitations of claim 5 as stated above. Honeycutt does not explicitly disclose the following, however Jeong teaches:
Navigator configured to acquire position data of the vehicle, wherein the vehicle processor is configured to acquire, based on the navigator, the position data of the vehicle, and maintain the validated payment data when the vehicle is determined as being positioned on a toll road (See at least paragraphs 75, 90-96, and 173-175 which describe tracking the location of a vehicle, wherein the payment information that has been validated upon authenticating a user, is stored and utilized when position on a toll road).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla, with the system and method of a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods of Chutorash, with the system and method of tracking the location of a vehicle, wherein the payment information that has been validated upon authenticating a user, is stored and utilized when position on a toll road of Jeong. By storing payment information in a controller upon authenticating a user of a vehicle, tracking a vehicle, and maintaining it while the user is positioned on a toll road, a vehicle management system would predictably allow users to keep authenticated information while the user is on a toll road, thus allowing them to benefit from payment information.
Claims 7, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Honeycutt, Ravi, Penilla, and Chutorash as applied to claims 1, 6, and 9 as stated above, and further in view of Harvey et al. (US 2022/0131859 A1/0 (hereinafter Harvey).
With respect to claims 7, 8, and 10, Honeycutt/Ravi/Penilla/Chutorash discloses all of the limitations of claims 1, 6, and 9 as stated above. Honeycutt, Ravi, Penilla, and Chutorash do not explicitly disclose the following, however Harvey teaches:
Notify a driver of the vehicle that the payment data and the identification data is invalidated (See at least paragraph 157 which describes upon finishing a transaction, deleting the user identification information, and transmitting a notice of deletion to the user device).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of authenticating vehicle occupant after start up of a vehicle, wherein authenticating is done by receiving and comparing occupant identity information, financial information, and biometric information, wherein upon authenticating the occupant, validating payment services, and wherein payment information is maintained in storage for a duration of time period or the end of the rental period of Honeycutt, with the system and method of a vehicle system receiving payment and identification data from a user device, wherein the identification data includes unlock information used to unlock the device, wherein the identification data is compared to received occupant data, and when they match, confirming that the user is the legal owner of the mobile device, and allowing the use of a digital wallet to pay for tolls of Ravi, with the system and method of a vehicle computer active as an electronic toll collection device, wherein the validated payment data is transferred to the vehicle computer and is further communicated to toll booths as the vehicle passes them of Penilla, with the system and method of a vehicle determining when it is turned off, and in response to this determination, erasing driver payment information and driver identifier information that have been stored in the vehicle controller and used for payment of services/goods of Chutorash, with the system and method of upon finishing a transaction, deleting the user identification information, and transmitting a notice of deletion to the user device of Harvey. By deleting payment and identifier info upon completing a transaction, and notifying a user that their information has been deleted, a managing service can predictably convey security assurances to customers/owners.
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 MICHAEL P HARRINGTON whose telephone number is (571)270-1365. The examiner can normally be reached Monday-Friday 9-5.
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Michael Harrington
Primary Patent Examiner
24 February 2026
Art Unit 3628
/MICHAEL P HARRINGTON/Primary Examiner, Art Unit 3628