DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/07/2024 has been considered by the Examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference sign 1132 of a slider in present paragraphs [00104] and [00109-00111].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Reference character 210 of USER INTERFACE in FIG. 2A;
Reference character 277 of SEND START SIGNAL TO VEHICLE in FIG. 2B;
Reference character 340 of COMMUNICATIONS NETWORK in FIG. 3A;
Reference character 416 of COMMUNICATION DEVICE in FIG. 4; and
Reference character 1101 in FIG. 11C.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-8, 10-14, 16-17, and 19-21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Breiner (US 10,018,171 B1).
Regarding claim 1, Breiner discloses a system for starting a vehicle, the system comprising:
a control system operatively connected to said vehicle, said control system comprising a processor and a memory, wherein the control system comprises logic (In column 4 lines 7-22, Breiner discloses that the remote operation device 130 includes a device controller 132 which may be configured as a computing device with associated processor devices and memory architectures, as a hard-wired computing circuit (or circuits), as a programmable circuit, or otherwise; from column 5 line 63 to column 6 line 20, Breiner discloses that the work vehicle 120 includes a controller 200 (or multiple controllers) to control various aspects of the operation of the work vehicle 120, where the controller 200 (or others) may be configured as a computing device with associated processor devices and memory architectures, as a hard-wired computing circuit (or circuits), as a programmable circuit, as a hydraulic, electrical or electro-hydraulic controller, or otherwise) to:
receive vehicle data from said vehicle (In column 16 lines 35-50, Breiner discloses that upon receipt of the auto-start enable signals 510, 512, the start module 360 generates a monitoring mode request 520 for the monitoring module 370, and in response to the monitoring mode request 520, the monitoring module 370 receives sensor signals representing parameter values 530 from one or more of the vehicle sensors 342 associated with the work vehicle 120);
retrieve startup criteria associated with said vehicle (In column 16 lines 51-57, Breiner discloses that also in response to the monitoring mode request 520, the monitoring module 370 may further retrieve one or more start initiation conditions (or start conditions) 540 that may be stored in data store 390, where the start initiation conditions 540 generally represent the thresholds or values of certain parameters in which an automatic start operation is appropriate);
compare said vehicle data relative to said startup criteria to generate a start status during a system check (In column 16 lines 58-63, Breiner discloses that the monitoring module 370 evaluates the start initiation conditions 540 in view of the parameter values 530); and
control remote access to start said vehicle based on said start status (From column 16 line 58 to column 17 line 12, Breiner discloses that if the parameter values 530 fail to satisfy the start initiation conditions 540, the monitoring module 370 takes no action and the monitoring continues until operation of the start system 110 is discontinued, and when one or more of the parameter values 530 satisfies one or more of the start initiation conditions 540, the monitoring module 370 may generate a start initiation request 550 for the start module 360, where in response to the start initiation request 550, the start module 360 generates a start command 560 for one or more of the vehicle systems 340, such as a starter device 258 to result in the energizing of a prime mover of the work vehicle 120; see also column 16 lines 15-27 where Breiner discloses that in some instances, initiation of the start system 110 may occur remotely, for example, from the remote operation device 130 and/or remote center 140).
Regarding claim 3, Breiner further discloses wherein the system further comprises a remote device operatively connected thereto, wherein the remote device includes a user interface adapted to graphically display at least one of a: location of said vehicle, the vehicle data, and said start status (In column 21 lines 8-63, Breiner discloses that when the auto-verification function is disabled, the start system 110 may generate a verification status message 660, 662 (e.g., corresponding to messages 700, 800) for review by an operator via the remote operation device 130 and/or a manager at the remote center 140 where the message 700 is in the form of an interface presenting a list of verification conditions 710 and statuses 720 corresponding to each condition 710 and the message 800 is in the form of an interface presenting an image 810 of the work vehicle 812, as well as the surrounding environment; see also from column 21 line 64 to column 22 line 26 where Breiner discloses that the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) may be associated with the location of the vehicle 120).
Regarding claim 4, Breiner further discloses wherein the user interface is operable to remotely start the vehicle if said vehicle data satisfies said startup criteria (In column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module).
Regarding claim 5, Breiner further discloses wherein the vehicle data comprises safety data and operating data, wherein said safety data comprises at least one of: a parking brake status, a hydraulic system status, a filter saturation level, a service panel position, a door position, an operator status (In column 10 lines 7-12, Breiner discloses that the various components of the work vehicle 120 may be housed by body compartments 292 positioned on the vehicle frame 230, where such body compartments 292 may include removable or openable panel doors that allow access to the associated component housed therein; in column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module; from column 21 line 64 to column 22 line 26, Breiner discloses where the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) includes transmission in park, hydraulic fluid level is acceptable, and further conditions include the temperatures and/or pressures within the hydraulic systems 270 and the position or status of the various doors and latches that make up the various body compartments 292 of the vehicle 120), and
wherein said operating data comprises at least one of a: a fuel level, a transmission fluid level, a hydraulic fluid level, an oil level, an oil filter status, a grease level, a power steering fluid level, a diesel emission fluid level, a battery charge level, an alternator status, tire pressure level, a hydraulic fluid pressure, a geographic location of the vehicle, a temperature of fuel, service hours, hours until next service, a temperature of a combustion chamber, a temperature of combustion air, a cabin temperature, a hydraulic fluid temperature, a transmission fluid temperature, an oil temperature, and a diagnostic trouble code (In column 14 lines 20-43, Breiner discloses that the parameter values 430 and/or start initiation condition 440 may be associated with operator comfort such as cab temperatures and/or ambient temperatures from the temperature sensor 298; from column 14 line 61 to column 15 line 7, Breiner discloses that the parameter value 430 may be time elapsed since last operation (e.g., the last start and/or since last shut-down) and the start initiation condition 440 may be a time threshold, where the clock 306 may be considered one of the vehicle sensors 342; from column 21 line 64 to column 22 line 26, Breiner discloses where the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) includes fuel level is acceptable, hydraulic fluid level is acceptable, transmission fluid level is acceptable, further conditions include the temperatures and/or pressures within the engine 240, exhaust treatment system 260, power steering system 264, and the hydraulic systems 270, the charge of the battery assembly 284, and other verification conditions may be associated with the location of the vehicle 120).
Regarding claim 6, Breiner further discloses wherein the control system further comprises logic to:
receive updated vehicle data from said vehicle (In column 17 lines 13-24, Breiner discloses that upon generation of the start command 560 for the monitoring module 370, the start module 360 (and/or the overall start system 110) may be considered to be operating in the “cycling mode” where in the cycling mode, the start module 360 sends a cycling mode request 522 to the monitoring module 370, and upon receipt of the cycling mode request 522, the monitoring module 370 receives second parameter values 532 from the vehicle sensors 342); and
retrieve post-start operating criteria associated with said vehicle (In column 17 lines 36-46, Breiner discloses that also in response to the cycling mode request 522, the monitoring module 370 may further retrieve one or more stop initiation conditions (or stop conditions) 542 that may be stored in data store 390);
compare said updated vehicle data relative to said post-start operating criteria to generate an operating status (In column 17 lines 47-51, Breiner discloses that the monitoring module 370 evaluates the stop initiation conditions 542 in view of the second parameter values 532); and
control power to said vehicle based on said operating status (In column 17 lines 47-63, Breiner discloses that if the parameter values 532 fail to satisfy the stop initiation conditions 542, the monitoring module 370 takes no action and the cycling mode continues, and when one or more of the parameter values 532 satisfies one or more of the stop initiation conditions 542, the monitoring module 370 may generate a stop initiation request 552 for the start module 360, and in response to the stop initiation request 552, the start module 360 generates a stop command 562 for one or more of the vehicle systems 340, such as a starter device 258 to result in the de-energizing of a prime mover of the work vehicle 120).
Regarding claim 7, Breiner further discloses wherein the system further comprises a remote device including a user interface, wherein the user interface is adapted to display at least one of: the updated vehicle data, the operating status, and/or a location of said vehicle (In column 21 lines 8-63, Breiner discloses that when the auto-verification function is disabled, the start system 110 may generate a verification status message 660, 662 (e.g., corresponding to messages 700, 800) for review by an operator via the remote operation device 130 and/or a manager at the remote center 140 where the message 700 is in the form of an interface presenting a list of verification conditions 710 and statuses 720 corresponding to each condition 710 and the message 800 is in the form of an interface presenting an image 810 of the work vehicle 812, as well as the surrounding environment; see also from column 21 line 64 to column 22 line 26 where Breiner discloses that the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) may be associated with the location of the vehicle 120).
Regarding claim 8, Breiner further discloses wherein the control system further comprises logic to:
determine an operator status via a sensor operatively connected to said vehicle (In column 4 lines 23-39, Breiner discloses that the device user interface 134 allows the operator or other user to interface with the remote operation device 130 (e.g. to input commands and data), and thus, other aspects of the environment 100, where in one example, the device user interface 134 includes an input device and a display and the input device is any suitable device capable of receiving user input, including, but not limited to, a keyboard, a microphone, a touchscreen layer associated with the display, or other suitable device to receive data and/or commands from the user); and
control power to said vehicle based on said operator status (In column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module).
Regarding claim 10, Breiner discloses a vehicle comprising:
an electronic control unit comprising a processor and a storage device (In column 4 lines 7-22, Breiner discloses that the remote operation device 130 includes a device controller 132 which may be configured as a computing device with associated processor devices and memory architectures, as a hard-wired computing circuit (or circuits), as a programmable circuit, or otherwise; from column 5 line 63 to column 6 line 20, Breiner discloses that the work vehicle 120 includes a controller 200 (or multiple controllers) to control various aspects of the operation of the work vehicle 120, where the controller 200 (or others) may be configured as a computing device with associated processor devices and memory architectures, as a hard-wired computing circuit (or circuits), as a programmable circuit, as a hydraulic, electrical or electro-hydraulic controller, or otherwise);
an ignition system adapted to start said vehicle (From column 7 line 65 to column 8 line 4, Breiner discloses that the work vehicle 120 may include or otherwise cooperate with one or more starter devices 258, where the starter device 258 may be, for example, an electromechanical device, such as a motor, that initiates operation of the internal combustion engine 240, or may refer to any device or component that starts any aspect of the work vehicle 120); and
a vehicle monitoring system adapted to receive vehicle data (In column 12 lines 22-49, Breiner discloses a monitoring module 370 that may receive information from the vehicle sensors 342 and/or other data sources, and when the information in the form of parameter values satisfies one or more start initiation conditions stored in data store 390, the monitoring module 370 may initiate a start initiation command provided to the start module 360),
wherein said electronic control unit is adapted to control the ignition system based on a vehicle start status, said start status being determined based on a comparison of the vehicle data relative to startup criteria associated with said vehicle (From column 16 lines 35 to column 17 line 12, Breiner discloses that upon receipt of the auto-start enable signals 510, 512, the start module 360 generates a monitoring mode request 520 for the monitoring module 370, in response to the monitoring mode request 520, the monitoring module 370 receives sensor signals representing parameter values 530 from one or more of the vehicle sensors 342 associated with the work vehicle 120, also in response to the monitoring mode request 520, the monitoring module 370 may further retrieve one or more start initiation conditions (or start conditions) 540 that may be stored in data store 390, where the start initiation conditions 540 generally represent the thresholds or values of certain parameters in which an automatic start operation is appropriate, where the monitoring module 370 evaluates the start initiation conditions 540 in view of the parameter values 530 and if the parameter values 530 fail to satisfy the start initiation conditions 540, the monitoring module 370 takes no action and the monitoring continues until operation of the start system 110 is discontinued, and when one or more of the parameter values 530 satisfies one or more of the start initiation conditions 540, the monitoring module 370 may generate a start initiation request 550 for the start module 360, where in response to the start initiation request 550, the start module 360 generates a start command 560 for one or more of the vehicle systems 340, such as a starter device 258 to result in the energizing of a prime mover of the work vehicle 120; see also column 16 lines 15-27 where Breiner discloses that in some instances, initiation of the start system 110 may occur remotely, for example, from the remote operation device 130 and/or remote center 140).
Regarding claim 11, Breiner further discloses wherein the vehicle is operatively connected to a control system via a communication network, said control system being configured to determine said start status based on said comparison of the vehicle data relative to the startup criteria (In column 3 lines 31-41, Breiner discloses that the elements of the environment 100 may wirelessly communicate with one another in any suitable manner, including via network 102; from column 16 line 58 to column 17 line 12, Breiner discloses that the monitoring module 370 evaluates the start initiation conditions 540 in view of the parameter values 530 and if the parameter values 530 fail to satisfy the start initiation conditions 540, the monitoring module 370 takes no action and the monitoring continues until operation of the start system 110 is discontinued, and when one or more of the parameter values 530 satisfies one or more of the start initiation conditions 540, the monitoring module 370 may generate a start initiation request 550 for the start module 360, where in response to the start initiation request 550, the start module 360 generates a start command 560 for one or more of the vehicle systems 340, such as a starter device 258 to result in the energizing of a prime mover of the work vehicle 120; see also column 16 lines 15-27 where Breiner discloses that in some instances, initiation of the start system 110 may occur remotely, for example, from the remote operation device 130 and/or remote center 140).
Regarding claim 12, Breiner further discloses wherein the vehicle is operatively connected to at least one of a remote device or a host device adapted to display at least one of a: start status, a vehicle location, and the vehicle data (In column 21 lines 8-63, Breiner discloses that when the auto-verification function is disabled, the start system 110 may generate a verification status message 660, 662 (e.g., corresponding to messages 700, 800) for review by an operator via the remote operation device 130 and/or a manager at the remote center 140 where the message 700 is in the form of an interface presenting a list of verification conditions 710 and statuses 720 corresponding to each condition 710 and the message 800 is in the form of an interface presenting an image 810 of the work vehicle 812, as well as the surrounding environment; see also from column 21 line 64 to column 22 line 26 where Breiner discloses that the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) may be associated with the location of the vehicle 120).
Regarding claim 13, Breiner further discloses wherein the vehicle is operatively connected to a remote device, said remote device being operable to start said vehicle when said vehicle data satisfies startup criteria (In column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module).
Regarding claim 14, Breiner further discloses wherein the vehicle further comprises a heating and cooling system, wherein the electronic control unit actuates the heating and cooling system when said operating data does not satisfy said startup criteria (In column 17 lines 13-18, Breiner discloses where upon generation of the start command 560 for the monitoring module 370, the start module 360 (and/or the overall start system 110) may be considered to be operating in the “cycling mode” (or “warming mode”); in column 18 lines 16-35, Breiner discloses that the second parameter values 532 from the vehicle sensors 342 may correspond to engine temperatures, lubricant temperatures, coolant temperatures, and/or ambient temperatures, and when the second parameter values 532 representing such temperatures reach a predetermined threshold of an associated stop initiation condition 542, the start system 110 may generate the stop command 562 to stop the engine 240).
Regarding claim 16, Breiner discloses a method of remotely starting a vehicle via a control system operatively connected to the vehicle, the method comprising:
receiving, via said control system, vehicle data from said vehicle (In column 16 lines 35-50, Breiner discloses that upon receipt of the auto-start enable signals 510, 512, the start module 360 generates a monitoring mode request 520 for the monitoring module 370, and in response to the monitoring mode request 520, the monitoring module 370 receives sensor signals representing parameter values 530 from one or more of the vehicle sensors 342 associated with the work vehicle 120);
retrieving, via said control system, startup criteria associated with said vehicle (In column 16 lines 51-57, Breiner discloses that also in response to the monitoring mode request 520, the monitoring module 370 may further retrieve one or more start initiation conditions (or start conditions) 540 that may be stored in data store 390, where the start initiation conditions 540 generally represent the thresholds or values of certain parameters in which an automatic start operation is appropriate);
comparing, via said control system, said vehicle data relative to said startup criteria to generate a start status during a system check (In column 16 lines 58-63, Breiner discloses that the monitoring module 370 evaluates the start initiation conditions 540 in view of the parameter values 530); and
controlling, via said control system, remote access to start said vehicle based on said start status (From column 16 line 58 to column 17 line 12, Breiner discloses that if the parameter values 530 fail to satisfy the start initiation conditions 540, the monitoring module 370 takes no action and the monitoring continues until operation of the start system 110 is discontinued, and when one or more of the parameter values 530 satisfies one or more of the start initiation conditions 540, the monitoring module 370 may generate a start initiation request 550 for the start module 360, where in response to the start initiation request 550, the start module 360 generates a start command 560 for one or more of the vehicle systems 340, such as a starter device 258 to result in the energizing of a prime mover of the work vehicle 120; see also column 16 lines 15-27 where Breiner discloses that in some instances, initiation of the start system 110 may occur remotely, for example, from the remote operation device 130 and/or remote center 140).
Regarding claim 17, Breiner further discloses displaying said start status on a user interface of a remote device operatively connected to said control system (In column 21 lines 8-63, Breiner discloses that when the auto-verification function is disabled, the start system 110 may generate a verification status message 660, 662 (e.g., corresponding to messages 700, 800) for review by an operator via the remote operation device 130 and/or a manager at the remote center 140 where the message 700 is in the form of an interface presenting a list of verification conditions 710 and statuses 720 corresponding to each condition 710 and the message 800 is in the form of an interface presenting an image 810 of the work vehicle 812, as well as the surrounding environment; see also from column 21 line 64 to column 22 line 26 where Breiner discloses that the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) may be associated with the location of the vehicle 120); and
enabling, via said control system, the user interface to be operable to remotely start said vehicle when said vehicle data satisfies said startup criteria (In column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module).
Regarding claim 19, Breiner further discloses receiving, via said control system, updated vehicle data from said vehicle (In column 17 lines 13-24, Breiner discloses that upon generation of the start command 560 for the monitoring module 370, the start module 360 (and/or the overall start system 110) may be considered to be operating in the “cycling mode” where in the cycling mode, the start module 360 sends a cycling mode request 522 to the monitoring module 370, and upon receipt of the cycling mode request 522, the monitoring module 370 receives second parameter values 532 from the vehicle sensors 342);
comparing, via said control system, said updated vehicle data relative to post-start operating criteria to determine an operating status (In column 17 lines 36-46, Breiner discloses that also in response to the cycling mode request 522, the monitoring module 370 may further retrieve one or more stop initiation conditions (or stop conditions) 542 that may be stored in data store 390; in column 17 lines 47-51, Breiner discloses that the monitoring module 370 evaluates the stop initiation conditions 542 in view of the second parameter values 532); and
controlling, via said control system, power to said vehicle based on said operating status (In column 17 lines 47-63, Breiner discloses that if the parameter values 532 fail to satisfy the stop initiation conditions 542, the monitoring module 370 takes no action and the cycling mode continues, and when one or more of the parameter values 532 satisfies one or more of the stop initiation conditions 542, the monitoring module 370 may generate a stop initiation request 552 for the start module 360, and in response to the stop initiation request 552, the start module 360 generates a stop command 562 for one or more of the vehicle systems 340, such as a starter device 258 to result in the de-energizing of a prime mover of the work vehicle 120).
Regarding claim 20, Breiner further discloses disabling, via said control system, power to said vehicle when said updated vehicle data does not satisfy said post-start operating criteria (In column 17 lines 47-63, Breiner discloses that if the parameter values 532 fail to satisfy the stop initiation conditions 542, the monitoring module 370 takes no action and the cycling mode continues, and when one or more of the parameter values 532 satisfies one or more of the stop initiation conditions 542, the monitoring module 370 may generate a stop initiation request 552 for the start module 360, and in response to the stop initiation request 552, the start module 360 generates a stop command 562 for one or more of the vehicle systems 340, such as a starter device 258 to result in the de-energizing of a prime mover of the work vehicle 120; the Examiner understands, in this embodiment, the “post-start operating criteria” as claimed to comprise when the parameter values do not satisfy the stop initiation conditions, i.e. the inverse set of conditions, where the stop command is generated when this “post-start operating criteria” is not satisfied).
Regarding claim 21, Breiner further discloses wherein said updated vehicle data comprises at least one of a: an access panel position, a door position, a current fuel level, a current hydraulic fluid level, a current transmission fluid level, a current tire pressure, a current operator status, a trouble code, a current vehicle temperature, and a geographic location of said vehicle (In column 10 lines 7-12, Breiner discloses that the various components of the work vehicle 120 may be housed by body compartments 292 positioned on the vehicle frame 230, where such body compartments 292 may include removable or openable panel doors that allow access to the associated component housed therein; in column 21 lines 8-63, Breiner discloses that if the conditions and statuses are considered acceptable by the operator or manager, the operator or manager may approve or reject the verification status message via input interface and generate a suitable message for the verification module; from column 21 line 64 to column 22 line 26, Breiner discloses where the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) includes transmission in park, fuel level is acceptable, hydraulic fluid level is acceptable, transmission fluid level is acceptable and further conditions include the temperatures and/or pressures within the engine 240, exhaust treatment system 260, power steering system 264, and the hydraulic systems 270, the position or status of the various doors and latches that make up the various body compartments 292 of the vehicle 120, and other verification conditions may be associated with the location of the vehicle 120).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Breiner (US 10,018,171 B1), in view of Yamazaki (US 2018/0172137 A1).
Regarding claim 2, Breiner does not explicitly disclose sending a notification to a remote device and/or a host device indicating when said vehicle will be ready to operate based on said start status.
However, Yamazaki teaches sending a notification to a remote device and/or a host device indicating when said vehicle will be ready to operate based on said start status (In paragraph [0069], Yamazaki teaches that the control unit 40 may notify the driver/operator of the amount of time that will be necessary to warm up a vehicle operating fluid).
Yamazaki is considered to be analogous to the claimed invention in that they both pertain to notifying an operator on the expected amount of time to warm a working fluid for vehicle operation. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the notifying as taught by Yamazaki with the system as disclosed by Breiner, where doing so can advantageously improve the operator’s understanding of operation of the system, allowing the operator to make operational decisions with a greater amount of information available, for example.
Regarding claim 18, Breiner further discloses actuating a heating/cooling system when said vehicle data does not satisfy said startup criteria (In column 17 lines 13-18, Breiner discloses where upon generation of the start command 560 for the monitoring module 370, the start module 360 (and/or the overall start system 110) may be considered to be operating in the “cycling mode” (or “warming mode”); in column 18 lines 16-35, Breiner discloses that the second parameter values 532 from the vehicle sensors 342 may correspond to engine temperatures, lubricant temperatures, coolant temperatures, and/or ambient temperatures, and when the second parameter values 532 representing such temperatures reach a predetermined threshold of an associated stop initiation condition 542, the start system 110 may generate the stop command 562 to stop the engine 240).
Breiner does not explicitly disclose indicating, via a user interface of a remote device, when the vehicle will be ready to operate.
However, Yamazaki teaches indicating, via a user interface of a remote device, when the vehicle will be ready to operate (In paragraph [0069], Yamazaki teaches that the control unit 40 may notify the driver/operator of the amount of time that will be necessary to warm up a vehicle operating fluid).
Yamazaki is considered to be analogous to the claimed invention in that they both pertain to notifying an operator on the expected amount of time to warm a working fluid for vehicle operation. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the notifying as taught by Yamazaki with the method as disclosed by Breiner, where doing so can advantageously improve the operator’s understanding of operation of the method, allowing the operator to make operational decisions with a greater amount of information available, for example.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Breiner (US 10,018,171 B1), in view of Matsubara (US 2012/0078443 A1).
Regarding claim 9, although in column 4 lines 7-22, Breiner discloses that the device controller 132 may store a unique identifier associated with the remote operation device 130, and thus, the operator, Breiner does not explicitly disclose wherein the control system comprises logic to authenticate a start command to start said vehicle based on start command data and vehicle identifier data.
However, Matsubara teaches wherein the control system comprises logic to authenticate a start command to start said vehicle based on start command data and vehicle identifier data (In paragraph [0110], Matsubara teaches when receiving the remote start signal via the second antenna 41, the starting apparatus 1 included in the vehicle control system SY transmits the ID included in the remote start signal to the authentication apparatus 3, where the authentication apparatus 3 performs the authentication process based on the ID of the remote control R received, and the authentication apparatus 3 transmits to the starting apparatus 1 an authentication result of the authentication process, where when the authentication result is successful, the starting apparatus 1 turns on the switches Ra, Rb, and Re and then starts the engine 20).
Matsubara is considered to be analogous to the claimed invention in that they both pertain to authenticating remote start of a vehicle via the exchange of identifier data. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the authentication as taught by Matsubara with the system as disclosed by Breiner, where doing so may advantageously improve security of operation of the system by ensuring only expected operations from authorized sources are executed by the system, for example.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Breiner (US 10,018,171 B1), in view of Haberlein (US 2023/0264601 A1).
Regarding claim 15, Breiner further discloses a heating element operable to heat hydraulic fluid of said vehicle while the vehicle and an implement attached thereto is idle (In column 17 lines 25-35, Breiner discloses that the engine 240 may be an internal combustion engine in which fuel is combusted to generate power resulting in heat, which in turn functions to maintain or raise the temperature of the relevant parameter of the start condition that initiated the remote start, for example, operating the engine 240 functions to raise the temperature of the coolant, lubricant, and/or other relevant parameter, thereby avoiding the situation in which the respective parameter falls below an undesirable temperature; from column 17 line 64 to column 18 line 4, Breiner discloses that the automatic start may function to prevent the engine 240 or other vehicle element from becoming undesirably cold by operating of the engine 240, which creates heat from the combustion process, and stopping operation of the engine 240 when appropriate, thereby avoiding unnecessary idling time; from column 21 line 64 to column 22 line 26, Breiner discloses where the various verification conditions considered by the start system 110 (either automatically or with the assistance from the operator or manager) includes the temperatures and/or pressures within the hydraulic systems 270).
Breiner does not explicitly disclose a bypass circuit with a heating element operable to heat hydraulic fluid of said vehicle.
However, Haberlein teaches a bypass circuit with a heating element operable to heat hydraulic fluid of said vehicle (In paragraphs [0075-0076], Haberlein teaches a hydraulic heater circuit 920 configured to provide heating to a hydraulic component of the vehicle 10, where if the environmental or ambient temperature surrounding the vehicle 10 is low (e.g., below the operating temperature), the hydraulic heater circuit 920 can facilitate increasing the temperature of the hydraulic fluid until the hydraulic fluid is at the operating temperature, and the hydraulic heater circuit 920 may be, for example, a bypass loop).
Haberlein is considered to be analogous to the claimed invention in that they both pertain to using a bypass circuit to heat a hydraulic fluid of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Haberlein with the vehicle as disclosed by Breiner, where the Examiner understands the use of a bypass circuit for heating fluid is well understood in the art and may be implemented without undue experimentation, and with predictable results and a reasonable expectation of success. Doing so may be advantageous in that heating of the hydraulic fluid may be executed with well-known and pre-existing parts, increasing the accessibility to use of the vehicle and/or decreasing the cost of required parts, for example.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maley (US 2024/0328115 A1) teaches automatic work machine condition monitoring and control module, including a hydraulic system monitoring component that may be configured to monitor the hydraulic system and call for starting the machine, activate heaters, or otherwise address particular conditions of the hydraulic system.
Pandita (US 2022/0397897 A1) teaches a telematics system and method for conditional remote starting of self-propelled work vehicles including where an automated hydraulic oil warmup process may be implemented as part of the remote startup.
Dammeyer (US 2013/0183127 A1) teaches a warm up cycle for a materials handling vehicle including displaying a time remaining until completion of the warm up cycle on a display of the vehicle.
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/HARRISON HEFLIN/ Examiner, Art Unit 3665
/HUNTER B LONSBERRY/ Supervisory Patent Examiner, Art Unit 3665