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 .
Change in Examiner
Kadyn Martinez is no longer continuing prosecution on application number 18/532163. It has been transferred to Examiner Jessica Lemieux.
DETAILED ACTION
This Non-Final Office action is in response to the application filed on December 7th, 2023 and in response to Applicant’s Arguments/Remarks filed on September 9th, 2025. Claims 1-6, and 10-14 are pending.
Priority
Application 18/532163 was filed on December 7th, 2023 which claims priority to DE102022134638.2 filed December 22nd, 2022. Receipt is acknowledged of a certified copies of papers required by 37 CFR 1.55.received January 5th, 2024
Examiner Request
The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. §112(a) or §112 1st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the
corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35
U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes claim limitation(s) that use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the
recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations in claim 5 are:
means for storing the customized setting in the form of data describing the setting;
means for restoring a customized setting after a change;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C.
112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Corresponding structure can be found in at least page 7, paragraph 3- page 8.
If applicant does not intend to have this/these limitation(s) interpreted under 35
U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. Per MPEP 2106.03: Non-limiting examples of
claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations. Claim 14 recites “14. (New) A computer program product which defines a computer program which, when executed on a data processing device, implements the method according to claim 12.” The claim does not fall within at least one of the four categories of patent eligible subject matter because the broadest reasonable interpretation of the “computer program product” could be software per se and the claim does not contain physical structure (the device is not positively claimed as a structural component).It is suggested to amend claim 14 to positively recite hardware to overcome this rejection. Despite this analysis, the claim 14 is reanalyzed under the full 2-step process for purposes of compact prosecution.
Claims 3, and 11-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 3, and 11-13 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES). Although claim 14 does not fall within one of the four statutory categories, nonetheless, for purposes of compact prosecution have also been included in the two part analysis and will be treated as if it falls into one of the statutory categories. (Step 1: YES).
Claims 3 and 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites hypothetical testing of supply chain optimizations.
Claim 3 recites: receiving data regarding a setting applicable to a first user with regard to at least one actuator of a first motor vehicle; […] a […] token […] that links an identifier for the first user with an identifier for the motor vehicle and with data for describing the setting made; sending the (token) to (storage); later reading out the description data from the (token); and sending the data […].
Claim 12 recites: managing data relating to a motor vehicle, in which […] token […] which links an identifier for users of the motor vehicle with an identifier for the motor vehicle, wherein the (token) additionally links a parameter for indicating the fame of a user of the motor vehicle to the identifiers.
These limitations as drafted are processes that, under the broadest reasonable interpretation, covers certain methods of organizing human activity but for recitation of generic computer components. That is, other than reciting minting non-fungible token (NFT) (claims 3 and 12), blockchain and first motor vehicle (claim 3) the claimed invention amounts to data organization, identity association, and information management, which constitute fundamental economic practices. If a claim limitation, under its broadest reasonable interpretation, covers fundamental economic practices but for the recitation of generic computer components (see MPEP 2106.04(a)(2)(II)), then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, claims 3 and 12 recite an abstract idea. (Step 2A- Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. The additional The additional elements of minting non-fungible token (NFT) (claims 3 and 12),
blockchain and first motor vehicle (claim 3) are recited at a high-level of generality (i.e.,
generic computer components performing generic computer functions) such that they amounts no more than mere instructions to apply the exception using a generic computer components. Specifically, the claims merely use blockchain and NFTs as data storage and identification tools, which is a generic application. There is no improvement to the motor vehicle, as it merely is sent data. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Claims 3 and 12 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
Claims 3 and 12 do not include additional elements that are sufficient to amount to significantly more (also known as an “inventive concept”) than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements recited above amount to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Accordingly, even when considered separately and as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. Thus claims 3 and 12 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
Dependent claims 2-10, and 12-19 are similarly rejected because they merely further narrow the same abstract idea of independent claims 1 and 11 and/or do not further limit the claim to a practical application or provide as inventive concept such that
the claims are subject matter eligible even when considered individually or as an ordered combination.
Claims 11 merely describes the types of settings. Claim 13 merely describes the information and claim 14 merely describes software. Therefore, claims 11, 13, and 14 are directed to non-statutory subject matter and are rejected as ineligible subject matter under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 10, and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Foligno (US2023/0370267).
As per claim 1
Foligno discloses a method for operating a motor vehicle, comprising (paragraph [0002]: The invention relates to a method and system for time-controlled release of at least one function of an apparatus, in particular a motor vehicle):
making a setting regarding at least one actuator by or for a first user, in particular a prominent user, of the motor vehicle (paragraph [0008]: In this case, the owner of the
motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point);
minting a non-fungible token (NFT) that links an identifier for the first user with an identifier for the motor vehicle and with data for describing the setting made (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain. The non-fungible token contains key information for time-controlled release of the function of an apparatus, wherein the key information is extracted from the provided non-fungible token using the mobile device, and a digital key is generated therefrom. The digital key is used in order to authenticate the user and contains information about the scope of the enabled functions);
storing the NFT on a blockchain (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain);
reading the data from the NFT to describe the setting made on the basis of the identifier for the motor vehicle (paragraph [0008]: In this case, the owner of the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point).; and
restoring the setting for use by a second user on the same motor vehicle (paragraph [0013]: Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time and paragraph [0014]: in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled. Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
As per claim 2
Foligno discloses a method for making settings on a motor vehicle, comprising (paragraph [0002]: The invention relates to a method and system for time-controlled release of at least one function of an apparatus, in particular a motor vehicle):
making a first setting regarding at least one actuator (paragraph [0008]: For example, the owner of a motor vehicle could provide the motor vehicle to a third party for use, wherein the owner wishes to permit use during the day only. In this case, the owner of the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point.);
transmitting data describing the setting to a server (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain and paragraph [0019] The system 10 further comprises a token generation
system 42 connected to a blockchain network 46 and a verification unit 22 associated with the motor vehicle 21);
changing the setting to create a second setting (paragraph [0008]: For example, the owner of a motor vehicle could provide the motor vehicle to a third party for use, wherein the owner wishes to permit use during the day only. In this case, the owner of
the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point, paragraph [0013]: In a particular configuration, the apparatus is a motor vehicle, wherein the functions are at least accessing the motor vehicle and driving the motor vehicle. Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time. and paragraph [0014] Furthermore, different special functions of the motor vehicle can be released by the non-fungible token generated specifically for a person. For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled. Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
receiving the data describing the first setting from the server (paragraph [0012]: [0012] Preferably, the mobile device is connected to a token generation system via a wireless connection, wherein the non-fungible token is generated by the token generation system using a blockchain network and transmitted to the mobile device. In so doing, the token generation system generates the non-fungible token using a blockchain network and sends it to the mobile device. The non-fungible token is stored on the mobile device and can be utilized to release the functions of the apparatus.
Simultaneously, the token generation system also sends the information via a wireless connection to verify the validity of the digital key originating from the non-fungible token and transmitted from the mobile device to the apparatus.); and
restoring the first setting (paragraph [0013]: Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time and paragraph [0014]: in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled. Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these
people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
As per claim 3
Foligno discloses a method for operating a server for motor vehicle applications, comprising (paragraph [0002]: The invention relates to a method and system for time-controlled release of at least one function of an apparatus, in particular a motor vehicle):
receiving data regarding a setting applicable to a first user with regard to at least one actuator of a first motor vehicle (paragraph [0008]: In this case, the owner of the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point);
minting a non-fungible token (NFT) that links an identifier for the first user with an identifier for the motor vehicle and with data for describing the setting made (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain. The non-fungible token contains key information for time-controlled release of the function of an apparatus, wherein the key information is extracted from the provided non-fungible token using the mobile device, and a digital key is generated therefrom. The digital key is used in order to authenticate the user and contains information about the scope of the enabled functions);
sending the NFT to a blockchain (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain and paragraph [0019] The
system 10 further comprises a token generation system 42 connected to a blockchain network 46 and a verification unit 22 associated with the motor vehicle 21);
later reading out the description data from the NFT (paragraph [0008]: In this case, the owner of the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point.); and
sending the data to the first motor vehicle (paragraph [0012]: 0012] Preferably, the mobile device is connected to a token generation system via a wireless connection, wherein the non-fungible token is generated by the token generation system using a blockchain network and transmitted to the mobile device. In so doing, the token generation system generates the non-fungible token using a blockchain network and sends it to the mobile device. The non-fungible token is stored on the mobile device and can be utilized to release the functions of the apparatus. Simultaneously, the token generation system also sends the information via a wireless connection to verify the validity of the digital key originating from the non-fungible token and transmitted from the mobile device to the apparatus. and paragraph [0013] In a particular configuration, the apparatus is a motor vehicle, wherein the functions are at least accessing the motor vehicle and driving the motor vehicle. Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time).
As per claim 4
Foligno discloses the method according to claim 1 wherein the setting involves at least one of:
a setting related to the color and/or the intensity of the lighting of the passenger compartment of the motor vehicle;
a setting of the vehicle systems (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
a setting related to driver assistance systems (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled);
a setting related to a vehicle seat;
a setting related to displays (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled); and/or
a setting related to another customizable system in the motor vehicle (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
As per claim 5
Foligno discloses a motor vehicle, comprising (paragraph [0002]: The invention relates to a method and system for time-controlled release of at least one function of an apparatus, in particular a motor vehicle):
at least one actuator on which customized settings can be made (paragraph [0008]: For example, the owner of a motor vehicle could provide the motor vehicle to a third party for use, wherein the owner wishes to permit use during the day only. In this case, the owner of the motor vehicle would generate a non-fungible token for the third party such that, with the digital key resulting from the generated non-fungible token, only a release of a function of the motor vehicle, for example unlocking the vehicle doors, is exclusively possible between 8 a.m. and 8 p.m. The third party using the motor vehicle can load the non-fungible token onto his or her mobile device or the owner can send the non-fungible token applicable to the third party so that the third party can use the motor vehicle, i.e., unlock the vehicle doors and start the motor of the motor vehicle, but exclusively during the period of time specified by the owner. Otherwise, the owner could also release the use on a daily basis so that the third party can only use the vehicle on a weekend or for a single week from a predefined starting point. and paragraphs [0013-0014]);
means for storing the customized setting in the form of data describing the setting (paragraph [0006]: The non-fungible token is generated by a token generation system, for example a system provided by a vehicle manufacturer, and is a cryptographically unique, indivisible, irreplaceable, and verifiable token representing a particular object in a blockchain. The non-fungible token contains key information for
time-controlled release of the function of an apparatus, wherein the key information is extracted from the provided non-fungible token using the mobile device, and a digital key is generated therefrom. The digital key is used in order to authenticate the user and contains information about the scope of the enabled functions);
means for restoring a customized setting after a change (paragraph [0013]: Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time and paragraph [0014]: in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled. Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
wherein: a device designed to transmit the data describing the setting to an external server (paragraph [0012] Preferably, the mobile device is connected to a token generation system via a wireless connection, wherein the non-fungible token is generated by the token generation system using a blockchain network and transmitted to the mobile device. In so doing, the token generation system generates the non-fungible token using a blockchain network and sends it to the mobile device. The non-fungible token is stored on the mobile device and can be utilized to release the functions of the apparatus. Simultaneously, the token generation system also sends the information via a wireless connection to verify the validity of the digital key originating from the non-fungible token and transmitted from the mobile device to the apparatus.);
a device designed to receive data describing the setting from the external server (paragraph [0012] and [0013]: [0013] In a particular configuration, the apparatus is a motor vehicle, wherein the functions are at least accessing the motor vehicle and driving the motor vehicle. Thus, the use of the motor vehicle by different persons can be enabled in a simple and secure manner, wherein the use of the motor vehicle can be precisely planned and controlled by the time-controlled release, so that it can be reliably avoided that several persons wish to use the motor vehicle at the same time).
As per claim 6
Foligno discloses the motor vehicle according to claim 5, wherein the setting involves at least one of:
a setting related to the color and/or the intensity of the lighting of the passenger compartment of the motor vehicle;
a setting of the vehicle systems (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
a setting related to driver assistance systems (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled);
a setting related to a vehicle seat;
a setting related to displays (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled); and/or
a setting related to another customizable system in the motor vehicle (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
As per claim 10
Foligno discloses the method according to claim 2 wherein the setting involves at least one of:
a setting related to the color and/or the intensity of the lighting of the passenger compartment of the motor vehicle;
a setting of the vehicle systems (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
a setting related to driver assistance systems (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled);
a setting related to a vehicle seat;
a setting related to displays (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled); and/or
a setting related to another customizable system in the motor vehicle (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
As per claim 11
Foligno discloses the method according to claim 3, wherein the setting involves at least one of:
a setting related to the color and/or the intensity of the lighting of the passenger compartment of the motor vehicle;
a setting of the vehicle systems (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident);
a setting related to driver assistance systems (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled);
a setting related to a vehicle seat;
a setting related to displays (paragraph [0014]: For example, in the case of a rental vehicle, an additional use of a navigation system booked by the person can be enabled); and/or
a setting related to another customizable system in the motor vehicle (paragraph [0014]: Otherwise, for example, the performance of the motor vehicle can be reduced for certain people, so that these people can only drive at a reduced mileage, which thereby reduces the risk of an accident).
Claims 12-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hua et al. (US2023/0162544).
As per claim 12
Hua discloses a method for managing data relating to a motor vehicle, in which a non-fungible token (NFT) is minted which links an identifier for users of the motor vehicle with an identifier for the motor vehicle, wherein the NFT additionally links a parameter for indicating the fame of a user of the motor vehicle to the identifiers (paragraph [0019]: In some embodiments, the vehicle information may comprise a driving history of vehicle 106, past and current ownership information of vehicle 106, user information, vehicle-related data, and/or any other suitable information. In some embodiments, the vehicle information may be stored in the form of a non-fungible token (NFT) on the distributed ledger, and may be transferable to one or more other parties. and paragraph [0040] In some embodiments, NFTs and/or smart contracts (e.g., for automatic execution if a condition specified in the smart contract occurs) may be stored at distributed ledger 300 for execution. For example, an NFT may comprise immutable tokens indicating each prior owner (e.g., a particular vehicle had 3 prior owners;
a celebrity previously owned this vehicle, etc.). In some embodiments, a smart contract may be utilized in conjunction with an NFT, e.g., to automatically provide value to a party when a transaction occurs with respect to a vehicle specified in the NFT.)
As per claim 13
Hua discloses the NFT also links a unique identification number and/or a user contract with a famous previous user of the motor vehicle (paragraph [0005]): In some embodiments, the first digital signature may be associated with a non-fungible token stored at the distributed ledger, where the non-fungible token comprises historical ownership information of the vehicle and is transferable to a new vehicle owner.
Paragraph [0040] In some embodiments, NFTs and/or smart contracts (e.g., for automatic execution if a condition specified in the smart contract occurs) may be stored at distributed ledger 300 for execution. For example, an NFT may comprise immutable tokens indicating each prior owner (e.g., a particular vehicle had 3 prior owners;
a celebrity previously owned this vehicle, etc.). In some embodiments, a smart contract may be utilized in conjunction with an NFT, e.g., to automatically provide value to a party when a transaction occurs with respect to a vehicle specified in the NFT. In some embodiments, a smart contract may be utilized in enabling a user to perform a transaction related to charging his or her electric vehicle, e.g., paying to charge his or her vehicle at an electric charging station. and paragraph [0043]: In some embodiments, user ID 419 of the user account or profile may correspond to a unique identifier comprising a string of alphanumeric characters, or a user name corresponding to a unique identifier comprising a name of the user.)
As per claim 14
Hua discloses a computer program product which defines a computer program which, when executed on a data processing device, implements the method according to claim 12 (paragraph [0008], paragraph [0019]: In some embodiments, the vehicle information may comprise a driving history of vehicle 106, past and current ownership information of vehicle 106, user information, vehicle-related data, and/or any other suitable information. In some embodiments, the vehicle information may be stored in the form of a non-fungible token (NFT) on the distributed ledger, and may be transferable to one or more other parties. and paragraph [0040] In some embodiments, NFTs and/or smart contracts (e.g., for automatic execution if a condition specified in the smart contract occurs) may be stored at distributed ledger 300 for execution. For example,
an NFT may comprise immutable tokens indicating each prior owner (e.g., a
particular vehicle had 3 prior owners; a celebrity previously owned this vehicle, etc.). In some embodiments, a smart contract may be utilized in conjunction with an NFT, e.g., to automatically provide value to a party when a transaction occurs with respect to
a vehicle specified in the NFT.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang - (US 2024/0061917 A1) generally relates to using blockchain-based tokens to associate users with vehicles and to manage vehicle-related data and permissions.
Johar - (US 2024/0113881 A1) generally relates to minting non-fungible tokens that store parameter data and metadata associated with users and resources, and reading such data to control system behavior.
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/JESSICA LEMIEUX/
Supervisory Patent Examiner, Art Unit 3626