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 .
Request for Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submission filed on 9/8/2026 has been entered.
Status of Claims
Claims 1-20, 25, 33, and 40 have been cancelled, and Claims 41-42 have been added; therefore, Claims 21-24, 26-32, 34-39, and 41-42 are currently pending in application 18/805,109.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e). as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application Nos. 62428843, 62424093, 62424078, 62418999, 62419009, 62418988, 62419023, 62419002, 62419017, 62415668, 62415678, 62415673, 62415672, 62406600, 62406595, 62406605, 62406611, 62381848, 62428843, 62424093, 62424078, 62418999, 62419009, 62418988, 62419023, 62419002, 62419017, 62380686, 62376044, 62373084, 62351559, 62349884, 62312109, 62303500, 62302990, 62287659, and 62286017, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The Applicants have claimed for benefit of an exhaustive list of prior-filed provisional applications prior-filed under 35 U.S.C. 119(e). However, the Examiner could find no support in the provisional applications for the claimed subject matter. Therefore, the Application is Examined below with the priority date of 20170118 (based on prior filed application 15/409,213 now US 10,395,332)). If Applicant disagrees with the Examiner’s finding, the Examiner requests that the Applicant indicate specific locations of the provisional applications that provided support for the claimed subject matter.
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.
Claims 21-24, 26-32, 34-39, and 41-42 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chow et al. (US 9,852,636 B2) in view of Ricci (US 9296299 B2).
As per independent Claims 21, 29, and 37, Chow discloses a computer system for coordinating automatic passive searching using autonomous vehicle components, the computer system comprising: one or more processors; and one or more memories coupled to the one or more processors and storing executable instructions that, when executed by the one or more processors, cause the computer system to (A tangible, non-transitory computer-readable medium storing executable instructions for coordinating automatic passive searching using autonomous vehicle components that, when executed by at least one processor of a computer system, cause the computer system to )(A computer-implemented method of automatic passive searching using autonomous vehicle components, comprising) (See at least Fig.1, and C5-C6):
receive, from a remote server via a network, particularly via wireless communication over at least a portion of the network, an indication of a situation triggering a passive search, the indication including a search area (See at least C6 L55-62, “ The traffic event data source identification embodiments can comprise a first monitoring system that detects a traffic event, an inter-monitoring system communication device that broadcasts a monitoring system discover signal and receives back response signals from any second monitoring systems within the vicinity of the traffic event, and a memory that stores a list of responding second monitoring systems.”; C7L33-47, “This first monitoring system 110a can detect (i.e., can be adapted to detect, can be configured to detect, can be programmed to detect, etc.) the occurrence of the traffic event 100. For example, the first monitoring system 110a can comprise an airbag deployment sensor 111 that senses (i.e., is adapted to sense, is configured to sense, etc.) the deployment of an airbag 112 within the vehicle 101a and deployment of the airbag 112 can be indicative of the occurrence of the traffic event involving the vehicle 101a. Alternatively, this first monitoring system 110a can comprise any other on-board component capable of detecting the occurrence of a traffic event (e.g., a brake pedal sensor sensing the force applied by the driver to the brake pedal, where an amount of force above a predetermined threshold is indicative of the occurrence of a traffic event; and so on).”);
identify a plurality of vehicles physically located within the search area (See at least C5L22-27, “These monitoring systems can comprise, for example, the on-board vehicle monitoring systems 110a and 110b of the vehicles 101a and 101b, respectively, involved in the traffic event 100 or the on-board vehicle monitoring system 110c of a vehicle 101c close by, but not involved in the traffic event 100.”; C6 L55-62, “ The traffic event data source identification embodiments can comprise a first monitoring system that detects a traffic event, an inter-monitoring system communication device that broadcasts a monitoring system discover signal and receives back response signals from any second monitoring systems within the vicinity of the traffic event, and a memory that stores a list of responding second monitoring systems.”;
cause at least one of a plurality of computing devices associated with the plurality of vehicles to receive data from at least one sensor of one or more sensors of the corresponding vehicle, by transmitting an indication of search criteria to at least one of the plurality of computing devices, wherein the indication of the search criteria triggers the transmission of data from the at least one sensor and causes the at least one computing device to passively evaluate sensor data generated by the at least one sensor to determine whether the sensor data meets the search criteria, without notifying or alerting the vehicle operators or passengers of the vehicles by running the evaluation processes in the background during vehicle operation (See at least CL, “… an inter-monitoring system communication device that broadcasts a monitoring system discover signal and receives back response signals from any second monitoring systems within the vicinity of the traffic event, and a memory that stores a list of responding second monitoring systems. The traffic event data collection embodiments can incorporate the identification system and a network interface device.”; C5 L54-65, “… on-board vehicle monitoring systems typically include sensors and/or other devices (e.g., cameras), which provide inputs over an electronic bus to the micro-processor(s) of an on-board computer network. Data recorded by an on-board vehicle monitoring system and stored in a local memory can be downloaded directly to an external device, … such data can be uploaded to another system for analysis and/or storage via a wireless network interface device (e.g., a cellular-based device, a satellite-based device, etc.)”, System provides no indication of user notification of actions nor required user input – such computer based operation/ analysis is known in the art as inherently “passive”; C6 L55-62, “ The traffic event data source identification embodiments can comprise a first monitoring system that detects a traffic event, an inter-monitoring system communication device that broadcasts a monitoring system discover signal and receives back response signals from any second monitoring systems within the vicinity of the traffic event, and a memory that stores a list of responding second monitoring systems.”);
receive a response from at least one of the plurality of computing devices, the response including an indication of the sensor data that meets the search criteria (See at least C5L58-65, “Data recorded by an on-board vehicle monitoring system and stored in a local memory can be downloaded directly to an external device, for example, by physically connecting the external device to an input/output port located on-board the automotive vehicle. Alternatively, such data can be uploaded to another system for analysis and/or storage via a wireless network interface device (e.g., a cellular-based device, a satellite-based device, etc.)”; See at least C5L31-49, “For example, an on-board vehicle monitoring system can comprise any of the following systems alone and/or in combination: a vehicle status monitoring system (also referred to in the art as an on-board diagnostic system, which monitors the vehicle's electrical and mechanical systems); a driver behavior monitoring system (also referred to in the art as an onboard safety monitoring system, which continuously measures safety-related driving parameters, such as speed, acceleration and braking force, and/or which takes video or photographic images of the driver operating the automotive vehicle); a global positioning system (GPS) location monitoring system (also referred to in the art as a vehicle tracking system, which continuously, periodically or on-demand tracks an automotive vehicle's location using an on-board GPS); and/or an event data recorder (also referred to in the art as a “black box”, which when triggered by the detection of a traffic event records operational information, such as speed, crash severity, buckle status, brake application, steering inputs, etc.).”; C17L45-50, “The inter-monitoring system communication device can also transmit a data capture request signal to the second monitoring system(s) requesting capture of any data recorded at the time of the traffic event and, optionally, requesting that such data be transmitted to the data storage system.”); and
implement an action based upon the response (See at least Pgs. 21-23, “For that, vehicles must be equipped with sensors able to identify neighboring vehicles (for example: application of license plate recognition) and a local memory storage to carry data. The involvement of public vehicles is dependent of the application in question. In case of an application of an authoritarian entity such as the police, it would be permissible to assume that public vehicles submit to certain rules and participate in the tracking. If, however, it is an application of traffic management, security mechanisms must be used in order to preserve drivers’ privacy”) (Intended use of data also disclosed by prior art of Chow; See C6L40-47, “In any case, given the types of data recorded by these monitoring systems 110a-f, they may be useful data sources for investigators (e.g., local and/or state police investigators, insurance investigators, automobile manufacturer investigators, National Highway Traffic Safety Administration (NHTSA) investigators, etc.) trying to determine the cause, fault, aggravating factors, mitigating factors, etc. of the traffic event 100.”).
While Chow does disclose causing at least one of a plurality of computing devices associated with the plurality of vehicles to receive data from at least one sensor of one or more sensors of the corresponding vehicle, by transmitting an indication of search criteria to at least one of the plurality of computing devices, wherein the indication of the search criteria triggers the transmission of data from the at least one sensor and causes the at least one computing device to passively evaluate sensor data generated by the at least one sensor to determine whether the sensor data meets the search criteria, without notifying or alerting the vehicle operators or passengers of the vehicles by running the evaluation processes in the background during vehicle operation (See rejection above); Chow fails to expressly disclose, “cause at least one of a plurality of computing devices associated with the plurality of vehicles to passively activate at least one sensor of one or more sensors of the corresponding vehicle.”
However, the analogous art of Ricci discloses causing at least one of a plurality of computing devices associated with the plurality of vehicles to passively activate at least one sensor of one or more sensors of the corresponding vehicle, without notifying or alerting the vehicle operators or passengers of the vehicles by running the evaluation processes in the background during vehicle operation (Ricci: See at least C12L45-67, “If, for example, a theft of the vehicle is reported, the GPS module 220 can be activated and optionally provide, in real-time, that information via communication module 236 to one or more of the insurance company 300, local law enforcement, or the like. Moreover, and in cooperation with the controller 216, the vehicle can provide one or more of the owner and the insurance company 300 notification that the vehicle has been stolen. For example, an exemplary method in which the controller 216 can trigger this activity is the detection of the moving of the vehicle without an appropriate key having started the vehicle. Moreover, in addition to being able to send information in real-time, or at a predetermined later time, the vehicle 200 can optionally execute evasive action with the cooperation of the controller 216 and any one or more of the sensors discussed herein, in cooperation with, for example, the engine control unit, a braking unit, an ignition unit, or the like. In this manner, the vehicle can appropriately be “shut down,” slowed down, or otherwise completely or partially disabled to assist with the vehicle recovery. Moreover, the controller 216 can instruct one or more of the sensors and/or modules discussed herein to start recording specific information to, for example, try to capture a picture of the thief in the driver's seat”)
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have included causing at least one of a plurality of computing devices associated with the plurality of vehicles to passively activate at least one sensor of one or more sensors of the corresponding vehicle, by transmitting an indication of search criteria to at least one of the plurality of computing devices, wherein the indication of the search criteria triggers the passive activating of the at least one sensor and causes the at least one computing device to passively evaluate sensor data generated by the at least one sensor to determine whether the sensor data meets the search criteria, without notifying or alerting the vehicle operators or passengers of the vehicles by running the evaluation processes in the background during vehicle operation, as disclosed by Ricci in the system disclosed by Chow, for the advantage of providing a computer system (method/ programmed apparatus) for coordinating automatic passive searching, with the ability to increase system effectiveness and efficiency by incorporating a variety of data collection systems/ methods (See KSR [127 S Ct. at 1739] “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
As per Claims 22 and 30, Chow and Ricci disclose wherein the executable instructions further cause the computer system to: receive global positioning system (GPS) data indicating current locations of each of the plurality of vehicles, wherein identifying the plurality of vehicles comprises comparing the GPS data associated with the plurality of vehicles to the search area (Chow: See at least C5L31-49, Global positioning system (GPS) location monitoring system).
As per Claims 23 and 31, Chow and Ricci disclose wherein the executable instructions further cause the computer system to: receive GPS data indicating current locations of each of the plurality of vehicles and each of a second plurality of vehicles, wherein the GPS data associated with the second plurality of vehicles indicates the second plurality of vehicles are outside the search area; and compare the GPS data to the search area, wherein the identifying the plurality of vehicles comprises determining the GPS data associated with the plurality of vehicles indicates the plurality of vehicles are within the search area (Chow: See at least C5L31-49; and C5L15-21, “When such a traffic event 100 occurs oftentimes there are various monitoring systems (see monitoring systems 110a-f), which are located within the vicinity of the traffic event 100 (e.g., within a predetermined distance 160 of the traffic event) and which may have recorded data around the time of the traffic event (e.g., within a predetermined time window that includes the time of the traffic event).”).
As per Claims 24 and 32, Chow and Ricci disclose wherein the executable instructions further cause the computer system to identify the plurality of vehicles by polling the plurality of vehicles for GPS data (Chow: See at least C5L31-49; and C1L42-48, “The traffic event data source identification embodiments can comprise a first monitoring system that detects a traffic event, an inter-monitoring system communication device that broadcasts a monitoring system discover signal and receives back response signals from any second monitoring systems within the vicinity of the traffic event, …”).
As per Claims 26 and 34, Chow and Ricci disclose wherein the indication of the situation includes one or more of a missing person alert, a stolen vehicle alert, or a person of interest alert (Ricci: See at C3L57-65, “Another exemplary aspect is directed towards utilizing one or more portions of the information collected for assistance when a vehicle is stolen. Here, if the available data can be forwarded to one or more of an insurance company and/or the police to assist with one or more of vehicle recovery, vehicle location, circumstances and data about when and where the vehicle was stolen, whether or not the doors were locked, and in general any information relating to the status of the vehicle upon being stolen or after being stolen.”).
As per Claims 27 and 35, Chow and Ricci disclose wherein: the indication of the search criteria includes one or more of a license plate number, biometric data identifying a person of interest, or a make, model, or color of a vehicle of interest; and the sensor data meeting the search criteria includes image data from a camera of the corresponding vehicle (Ricci: See at least C3L7-19).
As per Claims 28 and 36, Chow and Ricci disclose wherein implementing the action based upon the response comprises sending a message containing information regarding the response to a server associated with a third party (Chow: See at least C5L58-65, “Data recorded by an on-board vehicle monitoring system and stored in a local memory can be downloaded directly to an external device, for example, by physically connecting the external device to an input/output port located on-board the automotive vehicle. Alternatively, such data can be uploaded to another system for analysis and/or storage via a wireless network interface device (e.g., a cellular-based device, a satellite-based device, etc.)”; C6L40-47, “In any case, given the types of data recorded by these monitoring systems 110a-f, they may be useful data sources for investigators (e.g., local and/or state police investigators, insurance investigators, automobile manufacturer investigators, National Highway Traffic Safety Administration (NHTSA) investigators, etc.) trying to determine the cause, fault, aggravating factors, mitigating factors, etc. of the traffic event 100.”; See also Claim 7, “… inter-monitoring system communication device further automatically sending a data capture request signal to said at least one second monitoring system following receipt of said response signal, said data capture request signal requesting that said at least one second monitoring system capture second data recorded by said at least one second monitoring system within said predetermined time window and store said second data locally such that said second data is associated with said unique identifier and such that said second data can not be overwritten or deleted, and said network interface device transmitting said first data and said list to a traffic event data storage system for storage”).
As per Claim 38, Chow and Ricci disclose determining whether one vehicle of the plurality of vehicles is operating; when the one vehicle is operating, accessing the sensor data from one or more sensors of the one vehicle that are already active for the purpose of operating the one vehicle; and when the one vehicle is not operating, activating one or more sensors of the one vehicle to collect the sensor data (Ricci: See at least C12L45-67; and C3L7-19, “In accordance with an exemplary embodiment, some of the information and/or data that can be monitored are perimeter information, G-force information, proximity information, GPS location information, time and date information, biometric information, law and/or regulation information, behavior information from one or more of the driver and passenger(s), mileage information, as well as vehicle information, such as any information acquirable from, for example, on-board diagnostics (such as OBD-II) as well as lighting information, such as turn signals, headlights, radio information, Bluetooth® information, braking information, turning information, acceleration information, and in general any information related to a vehicle's operation.”).
As per Claim 39, Chow and Ricci disclose wherein the indication of the situation triggering the passive search also includes one or more of a license plate number, biometric data identifying a person of interest, or a make, model, or color of a vehicle of interest, and wherein the sensor data includes image data from a camera of the one vehicle (Ricci: See at least C3L7-19).
As per new Claim 41, Chow and Ricci disclose wherein the search criteria identifies a target that is separate from the plurality of vehicles, and wherein the passive evaluation of the sensor data comprises analyzing sensor data representing an environment external to the corresponding vehicle to determine whether the target is present in the environment (Chow: See at least C5L31-49; and C5L15-21).
As per new Claim 42, Chow and Ricci disclose wherein the at least one sensor includes a sensor that is generating sensor data for one or more operational features of the corresponding vehicle, and wherein passively evaluating the sensor data comprises evaluating at least a portion of the sensor data generated by that sensor for the one or more operational features against the search criteria (Chow: See at least C5L13-21, “The exemplary traffic event 100 shown in FIG. 1 is a traffic accident involving two automotive vehicles 101a and 101b. When such a traffic event 100 occurs oftentimes there are various monitoring systems (see monitoring systems 110a-f), which are located within the vicinity of the traffic event 100 (e.g., within a predetermined distance 160 of the traffic event) and which may have recorded data around the time of the traffic event (e.g., within a predetermined time window that includes the time of the traffic event).”) (Ricci: See at least C3L7-19).
Response to Arguments
Applicant’s arguments filed on 9/8/2026, with respect to Claims 21-24, 26-32, 34-39, and 41-42, have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. The rejection is NON-FINAL.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited. The Examiner suggests the applicant review all of these documents before submitting any amendments.
Scholl et al. (US 2015/0057838 A1) – Discloses methods, systems, and machine readable mediums which provide for controlled access of vehicle information by trusted authority systems (See at least Para 0042, “In some examples, prior to sending the data streams 4060 the data authority may gather the sensor data. For example the data authority may query short range wireless sensors in driver's licenses, insurance cards, or the like. The data authority may also query other sensors in the car, turn on cameras, turn on voice recorders, or the like.”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
October 12, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
Prosecution Insights