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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the system hardwired to both a starter of the vehicle and to vehicle instrumentation (claims 24, 32, and 39) and to a fuel pump (claim 45) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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.
Claim(s) 24 – 26, 28 – 33, and 35 – 41, and 43 are is/are rejected under 35 U.S.C. 103 as being unpatentable over A. Nelson, U.S. 2015/0251660 (“Nelson”) in view of Ashley, Jr. et al., U.S. 2017/0156124 (“Ashley”) and Yorke et al. U.S. 2013/0158838 (“Yorke”). Nelson discloses a vehicle immobilization system (abstract), comprising:
a detection unit (paragraph [0007], fig. 1B) comprising:
a detection unit housing (100),
a detection element (103) within the detection unit housing, wherein the detection element is operable to detect a presence of and a level of intoxicant [0014] in a sample [0014] provided by a user (human text subject [0024]),
a display (106) operable to display text to the user [0030],
a processor of the detection unit (104) within the detection unit housing, the processor coupled to the display, and a memory of the detection unit (220) within the detection unit housing (fig. 2), the memory coupled to the processor of the detection unit, wherein the detection unit is operable to send a signal related to the level of intoxicant in the sample;
a control module (110) configured to be hidden under a dashboard (101) in the vehicle, the control module operable to receive the signal related to the level of intoxicant in the sample from the detection unit and to selectively restrict operation of a vehicle [0029] based on the level of intoxicant in the sample exceeding a threshold [0029], the control module comprising:
a processor of the control module (108) operable to:
receive the signal related to the level of intoxicant in the sample from the detection unit, based on the signal, selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold; and based on the signal, selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold [0029];
a memory of the control module (107) connected to the processor of the control module and storing instructions for the processor of the control module to selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold and selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold; wherein the control module is physically separate from the detection unit housing and is connected to the detection unit (fig. 1B);
a communication module (114) comprising:
a global positioning system (GPS) receiver,
a cellular modem [0034] configured to send an intoxication test result (abstract) associated with the level of intoxicant in the sample, wherein the cellular modem is configured to report a movement of the vehicle (movement detected by any available system motion sensor, software that detects vehicle’s movement via the diagnostic bus 115, GPS, cell-tower triangulation systems detecting motions are housed and relay/logger unit 110, control unit 113, cellular telecommunications communications modem 114 [0019], a combination of the three [0034] – [0035], logs information into memory 107 and then transmits the logged information to the monitoring authorities [0019]), wherein the communication module is coupled to the control module; and
a camera (109) physically separate from the communication module, the camera comprising a connection to the vehicle immobilization system [0018], wherein the camera is configured to record a picture of the user using the detection unit [0018]; and wherein the system is hardwired to both a starter of the vehicle (via relay 116) and to vehicle instrumentation (multi-axis accelerometers via diagnostic bus 115, GPS, cell tower triangulation systems 114) to detect movement of the vehicle [0034].
Nelson does not disclose the GPS receiver and the cellular modem are coupled to a plurality of antennas. Ashley teaches a GPS receiver [0205] and a cellular module [0205] are coupled to a plurality of antennas [0205] integrated into the communication module (transponder or subscriber device), a processor of the communication module (CPU) connected to the GPS receiver and the cellular modem, and a memory of the communication module [0205] connected to the processor of the communication module. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying the GPS receiver and the cellular modem are coupled to a plurality of antennas in view of the teaching of Ashley obvious so as to provide the features, flexibility and capability of an intelligent device [0205].
Ashley further teaches the cellular modem is configured to report a movement of the vehicle (direction of the vehicle, distance, speed [0209] – [0210] reported by the transponder and/or subscriber device which is a cellular modem [0203]) and an attempt to defeat the vehicle immobilization system ([0340] and [0423] tampered nodes in the chain will be reported). One of ordinary skill at the time the invention was filed would find modifying Nelson such that it comprised the reports in view of the teachings of Ashley obvious so as to provide a suitable network configuration, old and well known in the art, with predictable results for communication [0179].
Nelson does not directly disclose the camera configured to connect to a USB interface. Yorke teaches the use of a USB interface [0108]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nelson such that it comprised the USB interface in view of the teachings of Yorke obvious so as to provide an old and well known computer connection, making use of other optional expansion connectors that add extra functionality to the system [0108].
In reference to claims 25, 26, and 28 – 31, Nelson in view of Ashley and Yorke further discloses [[claim 25]] wherein the control module is configured to record a violation if the sample exceeds the threshold [0039];
[[claim 26]] wherein the system is configured to send, using the cellular modem, the picture captured by the camera with the intoxication test result [0018];
[[claim 28]] wherein the instructions to selectively restrict the operation of the vehicle comprise restricting the operation of a starter of the vehicle, and wherein the instructions to selectively allow the operation of the vehicle comprise allowing the operation of the starter of the vehicle [0019];
[[claim 29]] wherein the communication module is coupled to the control module via a USB connection (as modified by Yorke), and wherein the communication module is physically separate from and external to the control module (fig. 1B);
[[claim 30]] further comprising an accelerometer [0034], wherein the system is configured to use the accelerometer to detect if the vehicle is moved without a valid intoxication test result [0034];
[[claim 31]] wherein the detection element comprises a fuel cell (103) operable to send a signal [0021] related to the level of ethanol in a breath sample provided by the user.
In reference to claim 32, Nelson discloses a method of selectively immobilizing a vehicle [0013] using a vehicle immobilization system (abstract) based on a level of intoxicant (abstract) in a sample (breath) provided by a user (person), comprising:
detecting a level of intoxicant in a sample using a detection unit [0007], the detection unit comprising:
a detection unit housing (100),
a detection element (103) within the detection unit housing, wherein the detection element is operable to detect a presence of and the level of intoxicant in the sample [0019],
a display (106) operable to display text to the user,
a processor of the detection unit (104) within the detection unit housing, the processor coupled to the display, and
a memory of the detection unit (220) within the detection unit housing, the processor coupled to the processor of the detection unit, determining whether the level of intoxicant in the sample exceeds a threshold [0019], sending a signal [0021] related to the level of intoxicant in the sample from the detection unit to a control module (110), wherein the control module is configured to be hidden under a dashboard (101) in the vehicle, based on the signal related to the level of intoxicant in the sample from the detection unit, the control module selectively restricting operation of a vehicle (abstract) based on the level of intoxicant in the sample exceeding the threshold, the control module comprising:
a processor of the control module (108) operable to:
receive the signal related to the level of intoxicant in the sample from the detection unit, based on the signal, selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold (fig. 3); and
based on the signal, selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold (fig. 3);
a memory of the control module (107) connected to the processor of the control module and storing instructions for the processor of the control module to selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold and selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold; wherein the control module is physically separate from the detection unit housing and is connected to the detection unit (fig. 1B);
sending an intoxication test result by a communication (114) comprising:
a cellular modem (114) configured to send an intoxication result associated with the level of intoxicant in the sample; wherein the cellular modem is configured to report a movement of the vehicle (movement detected by any available system motion sensor, software that detects vehicle’s movement via the diagnostic bus 115, GPS, cell-tower triangulation systems detecting motions are housed and relay/logger unit 110, control unit 113, cellular telecommunications communications modem 114 [0019], a combination of the three [0034] – [0035], logs information into memory 107 and then transmits the logged information to the monitoring authorities [0019]);
wherein the communication module is coupled to the control module (fig. 1B); and
recording, via a camera (113), a picture of the user (image) using the detection unit, wherein the camera is physically separate from the communication module (fig. 1B), the camera comprising a cable (112) connection to the vehicle immobilization system; and wherein the system is hardwired to both a starter of the vehicle (via relay 116) and to vehicle instrumentation (multi-axis accelerometers via diagnostic bus 115, GPS, cell tower triangulation systems 114) to detect movement of the vehicle [0034].
Nelson does not disclose the GPS receiver and the cellular modem are coupled to a plurality of antennas. Ashly teaches a GPS receiver [0205] and a cellular module [0205] are coupled to a plurality of antennas [0205] integrated into the communication module (transponder or subscriber device), a processor of the communication module (CPU) connected to the GPS receiver and the cellular modem, and a memory of the communication module [0205] connected to the processor of the communication module. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying the GPS receiver and the cellular modem are coupled to a plurality of antennas in view of the teaching of Ashley obvious so as to provide the features, flexibility and capability of an intelligent device [0205].
Ashley further teaches the cellular modem is configured to report a movement of the vehicle (direction of the vehicle, distance, speed [0209] – [0210] reported by the transponder and/or subscriber device which is a cellular modem [0203]) and an attempt to defeat the vehicle immobilization system ([0340] and [0423] tampered nodes in the chain will be reported). One of ordinary skill at the time the invention was filed would find modifying Nelson such that it comprised the reports in view of the teachings of Ashley obvious so as to provide a suitable network configuration, old and well known in the art, with predictable results for communication [0179].
Nelson does not directly disclose the camera configured to connect to a USB interface. Yorke teaches the use of a USB interface [0108]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nelson such that it comprised the USB interface in view of the teachings of Yorke obvious so as to provide an old and well known computer connection, making use of other optional expansion connectors that add extra functionality to the system [0108].
In reference to claims 33 and 35 – 38, Nelson in view of Ashley and Yorke further discloses [[claim 33]] recording, using information from the GPS receiver, a location of an intoxication test [0034];
[[claim 35]] after allowing the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold, administer a re-test [0042] by prompting the user for a second sample (Block 312);and based on the signal, selectively record a violation [0020] based on the level of intoxicant in the sample exceeding the threshold;
[[claim 36]] further comprising the control module recording a violation if the sample exceeds the threshold [0020];
[[claim 37]] further comprising sending, using the cellular modem, the picture captured by the camera with the intoxication test result [0018] and a movement of the vehicle [0034];
[[claim 38]] wherein the detection element comprises a fuel cell (103) operable to operable to send a signal [0015] related to the level of ethanol in a breath sample (alcohol) provided by the user.
In reference to claim 39, Nelson discloses a method of installing [0013] a vehicle immobilization system (abstract) in a vehicle (abstract), comprising:
installing a control module (110) in a location (fig. 1) hidden under a dashboard (101) in the vehicle, wherein the control module is operable to selectively restrict operation of the vehicle based on a level of intoxicant (alcohol) in a sample (breath) provided by a user (person) exceeding a threshold [0019], the control module comprising:
a processor of the control module (108) operable to:
receive a signal (fig. 1B) related to the level of intoxicant in the sample from a detection unit (100), based on the signal, selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold; and
based on the signal, selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold [0019];
a memory of the control module (107) connected to the processor of the control module and storing instructions for the processor of the control module to selectively restrict the operation of the vehicle based on the level of intoxicant in the sample exceeding the threshold and selectively allow the operation of the vehicle based on the level of intoxicant in the sample not exceeding the threshold [0019];
connecting the control module to a detection unit (100), wherein the detection unit comprises:
a detection unit housing (fig. 1A) physically separate from the control module,
a detection element (103) within the detection unit housing and operable to detect a presence of and the level of intoxicant in the sample [0019],
a display (106) operable to display text to the user, a processor of the detection unit (104) coupled to the display,
a memory module of the detection unit (220) coupled to the processor of the detection unit, and wherein the detection unit is operable to send, to the control module, the signal related to the level of intoxicant in the sample (fig. 1B);
connecting a communication module (114) to the control module , the communication module comprising: a global positioning system (GPS) receiver [0034], a cellular modem [0034] configured to send an intoxication test result (abstract) associated with the level of intoxicant in the sample; wherein the cellular modem is configured to report a movement of the vehicle (movement detected by any available system motion sensor, software that detects vehicle’s movement via the diagnostic bus 115, GPS, cell-tower triangulation systems detecting motions are housed and relay/logger unit 110, control unit 113, cellular telecommunications communications modem 114 [0019], a combination of the three [0034] – [0035], logs information into memory 107 and then transmits the logged information to the monitoring authorities [0019]); and
connecting a camera (113) to the vehicle immobilization system, wherein the camera is physically separate from the communication module (fig. 1B), wherein the camera is configured to record a picture of the user (image) using the detection unit; and wherein the system is hardwired to both a starter of the vehicle (via relay 116) and to vehicle instrumentation (multi-axis accelerometers via diagnostic bus 115, GPS, cell tower triangulation systems 114) to detect movement of the vehicle [0034].
Nelson does not disclose the GPS receiver and the cellular modem are coupled to a plurality of antennas. Ashly teaches a GPS receiver [0205] and a cellular module [0205] are coupled to a plurality of antennas [0205] integrated into the communication module (transponder or subscriber device), a processor of the communication module (CPU) connected to the GPS receiver and the cellular modem, and a memory of the communication module [0205] connected to the processor of the communication module. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying the GPS receiver and the cellular modem are coupled to a plurality of antennas in view of the teaching of Ashley obvious so as to provide the features, flexibility and capability of an intelligent device [0205].
Ashley further teaches the cellular modem is configured to report a movement of the vehicle (direction of the vehicle, distance, speed [0209] – [0210] reported by the transponder and/or subscriber device which is a cellular modem [0203]) and an attempt to defeat the vehicle immobilization system ([0340] and [0423] tampered nodes in the chain will be reported). One of ordinary skill at the time the invention was filed would find modifying Nelson such that it comprised the reports in view of the teachings of Ashley obvious so as to provide a suitable network configuration, old and well known in the art, with predictable results for communication [0179].
Nelson does not directly disclose the camera configured to connect to a USB interface. Yorke teaches the use of a USB interface [0108]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nelson such that it comprised the USB interface in view of the teachings of Yorke obvious so as to provide an old and well known computer connection, making use of other optional expansion connectors that add extra functionality to the system [0108].
In reference to claims 40, 41, and 43, Nelson in view of Ashley and Yorke further discloses [[claim 40]] the control module is configured to record a violation [0020] if the sample exceeds the threshold;
[[claim 41]] wherein the control module is configured to send, using the cellular modem, the picture captured by the camera with the intoxication test result [0018];
[[claim 43]] wherein the control module is operable to selectively restrict operation of the vehicle by restricting operation of a starter of the vehicle (abstract).
Claim(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Ashley, Jr. and Yorke as applied to claims 24 and 28 above, and further in view of Walter et al. U.S. 2010/0012417 (“Walter”). Nelson as modified discloses the cellular modem (114) is configured to report the attempt to defeat the vehicle immobilization system upon the vehicle immobilization system (as modified by Ashley) but does not disclose specifically monitoring a shorting of a wire to the starter of the vehicle. Walter teaches monitoring a short of a wire to the starter of the vehicle (attempts to short circuit the relay 228 will be detected and recorded [0067]). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nelson in view of Ashley and Yorke such that it comprised detecting a short circuit to the relay in view of the teachings of Walter obvious so as to record all attempts to start the vehicle without a successful breath, including tampering [0067].
Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Ashley, Jr. and Yorke as applied to claim 24 above, and further in view of Khangura et al. U.S. 5,539,260 (“Khangura”). Nelson as modified does not disclose the system hardwired to a fuel pump. Khangura teaches a vehicle immobilization system (10) hardwired to a fuel pump of the vehicle (column 2, line 26; fig. 1). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nelson in view of Ashley, Jr. and Yorke such that it comprised the system hardwired to a fuel pump in view of the teachings of Khangura so as to control the power to engine running electrical components, including the fuel pump. (column 2, line 26).
Response to Arguments
Applicant's arguments filed 13 May 2026 have been fully considered but they are not persuasive. Nelson discloses the limitations of the amendments as shown above.
Applicant’s arguments with respect to claim(s) 45 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/Primary Examiner, Art Unit 3614
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