Detail Action
Continued Examination under 37 CFR 1.114. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's RCE submission filed on 08/26/2026 has been entered.
Claims 1, 7 and 12 are pending for examination.
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 .
Drawings
The drawings were received on 06/25/2024. These drawings are acceptable for examination proceedings.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l) (1) - 706.02(l) (3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 7 and 12 are rejected on the ground of nonstatutory obviousness- type double patenting as being unpatentable over claims of U.S. Patent No. US 12133274 B2 and US 11330644 B2 and US 20250016851 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the application is an obvious variants of the claims of the Patent. It is clear that all the elements of the application claims 1, 7 and 12 are to be found in patent claims and recite language that a person of ordinary skill in the art would recognize as substantially identical subject matter. The reasons for concluding that the invention defined in the independent claim 1 of application would have been an obvious variation to have modified by claim 1 of conflicting patent, and thus, it is not patentably distinct from claims of the patent.
Claim 1 of Instant application 18/754040
Conflicting Claim 1 of US 12133274 B2 /
1. A method for finding a specific vehicle in a vehicle depot, the method comprising: receiving at a server from an on-board computer, for authorization, a compiled secure connection packet (SCP) generated from a plurality of definitions for a secure connection packet for an assigning authority for the specific vehicle;
transmitting the authorization for the compiled SCP from the server to the on- board computer of the specific vehicle for creation of a validated SCP;
1. A method for a secure connection to a wireless network of a vehicle, the method comprising:
compiling, at a server, a secure connection packet (SCP) by accessing a dataset and obtaining driver information, vehicle information, MAC address information for a mobile device, and beacon identification information; authorizing, at the server, the SCP;
transmitting, from the server, a plurality of SCP definition to a vehicle gateway device and the mobile device
transmitting the authorization for the compiled SCP from the server to the vehicle gateway device for creation of a validated SCP;
Broadcasting at the on board computer of the specific vehicle a secure wireless network with a hidden and hashed SSID unique to the specific vehicle and protected by a passphrase, the hidden and hashed SSID and passphrase generated from the validated SCP; searching at a mobile device for the secure wireless network
broadcasting, at the vehicle gateway device, a secure wireless network with a hidden and hashed SSID unique to the vehicle and protected by a passphrase, the hidden and hashed SSID and passphrase generated from the validated SCP; and
connecting, over the secure wireless network, the vehicle gateway device to the mobile device that generated the hashed SSID and the passphrase from a dataset generated from the plurality of definitions
the mobile device previously paired to the specific vehicle; and connecting the mobile device with a single access point in the specific vehicle, which allows an operator to find the specific vehicle at the vehicle depot; wherein the vehicle comprises the on-board computer with a memory having a vehicle identification number (VIN), a connector plug, and [[an]] a motorized engine; and wherein the mobile device comprises a graphical user interface, a processor, a Wi-Fi radio, a BLUETOOTH radio, and a cellular network interface.
compiling, at the vehicle gateway device, a complied SCP from the plurality of SCP definitions, the beacon ID, and a scan of a plurality of wireless devices;
receiving, at the server from the vehicle gateway device, the compiled SCP;
9. The system according to claim 7 further comprising a passive device which is a BLUETOOTH enabled device advertising a unique ID as a beacon, or a complex system that emits BLUETOOTH enabled device advertising a unique ID as a beacon.
11. The system according to claim 7 wherein the vehicle gateway device obtains a vehicle identification number (VIN) from an on-board computer, and the mobile device receives input from a driver of the vehicle.
Allowable Subject Matter
Claims 1-, 7 and 12 would be allowable if rewritten to overcome the double patenting rejections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached on 9am-5pm.
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/KYAW Z SOE/Primary Examiner, Art Unit 2412
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