DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 timewise 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 1-9 and 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 7,937,075.
Claims 1-9 and 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 9,219,811.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,069,199.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8-10, and 12-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Simon (US 2004/0203554; Cited in IDS) in view of He (US 2007/0238491; Cited in IDS).
Regarding claims 1 and 20, Simon discloses a system (Fig. 1 telematics unit 32) and a computer-implemented method, the system comprising:
a processor (Fig. 1 internal processor 38); and
a memory coupled with the processor (paragraph [0015]), the memory comprising executable instructions that when executed by the processor cause the processor to effectuate operations comprising:
identifying a mobile communications device that is in proximity to a vehicle (paragraphs [0006], [0018]; e.g., at step 70 the wireless transceiver is brought into proximity of vehicle 30, for example, by the user possessing the wireless transceiver 10 approaching or getting into the vehicle. Step 71 represents the configuration of the wireless transceiver 10 to recognize the vehicle 30);
determining that the mobile communications device is associated with a stored profile for the vehicle (paragraph [0019]; e.g., the wireless transceiver 10 storing a recognition code from the vehicle, the vehicle stores an access or recognition code received from the wireless transceiver, or both the vehicle and wireless transceiver exchange codes) and (paragraphs [0018], [0024]; e.g., Step 71 represents the configuration of the wireless transceiver 10 to recognize the vehicle 30); and
upon determining that the mobile communications device is associated with the stored profile, automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile (paragraphs [0026]-[0027]; e.g., allowing the in-vehicle speaker and microphones to be enabled as part of a speaker phone system for the wireless transceiver 10 for hands-free operation of wireless phone calls through the telecommunications network).
Simon fails to specifically discloses the stored profile including entries for one or more mobile communications device settings.
However, He discloses the stored profile including entries for one or more mobile communications device settings (paragraphs [0009], [0018]; e.g., the vehicle system 100 allows users to set and select preferred settings for vehicle components 160. Some examples of vehicle components 160 include power seats, automated mirrors, automated steering wheel tilt mechanism, an entertainment system, a hands-free system, a navigation system, a user interface, and other components in the vehicle 102).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have the stored profile including entries for one or more vehicle settings for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle (He: paragraph [0003]).
Regarding claim 2, Simon in combination with He discloses the system of claim 1, further comprising:
determining that the change in mobile communications device settings has been overridden in favor of a specified application configured to instead perform a specific function on the mobile communications device; listening for data from the specified application; and when data is detected from the specified application, allowing the specified application to continue performing the specified function; and when data is not detected from the specified application, allowing the vehicle to perform the specified function (He: paragraphs [0028], [0033]).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to determining that the change in mobile communications device settings has been overridden in favor of a specified application configured to instead perform a specific function on the mobile communications device; listening for data from the specified application; and when data is detected from the specified application, allowing the specified application to continue performing the specified function; and when data is not detected from the specified application, allowing the vehicle to perform the specified function for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle.
Regarding claim 3, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable hands-free calling on the mobile communications device (Simon: paragraphs [0026]-[0027]; e.g., allowing the in-vehicle speaker and microphones to be enabled as part of a speaker phone system for the wireless transceiver 10 for hands-free operation of wireless phone calls through the telecommunications network)).
Regarding claim 4, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable routing of a camera feed of the vehicle to a display screen of the mobile communications device (He: paragraphs [0021], [0028], [0033]).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable routing of a camera feed of the vehicle to a display screen of the mobile communications device for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle.
Regarding claim 5, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable routing of a camera feed of the mobile communications device to a display screen of the vehicle (Simon: paragraphs [0016], [0022]) and (He: paragraph [0022]).
Regarding claim 6, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable voice commands on the mobile communications device (Simon: paragraphs [0019], [0027]-[0028]).
Regarding claim 8, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to change to a specified mode selected based on the identity of the mobile communications device (He: paragraphs [0028], [0033]).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to change to a specified mode selected based on the identity of the mobile communications device for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle.
Regarding claim 9, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes automatically redirecting one or more vehicle controls to a virtual keyboard on a mobile communications device display screen (Simon: paragraphs [0016], [0022]).
Regarding claim 10, Simon in combination with He discloses the system of claim 1, wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes automatically enabling a voice input mode entry configured to receive verbal commands from a driver of the vehicle (Simon: paragraphs [0019], [0027]-[0028]).
Regarding claim 12, Simon in combination with He discloses the system of claim 1, wherein the operations effectuated by the processor further include identifying a current driver of the vehicle (He: paragraphs [0010], [0024]; e.g., One of the wireless telephones 104 may belong to the current driver).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have the operations effectuated by the processor further include identifying a current driver of the vehicle for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle.
Regarding claim 13, Simon in combination with He discloses the system of claim 12, wherein automatically changing the one or more settings of the mobile communications device is performed based on the identified mobile communications device, based on the identity of the current driver, and based on the stored profile (He: paragraphs [0021], [0028], [0033]).
Therefore, taking the teachings of Simon in combination of He as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have automatically changing the one or more settings of the mobile communications device is performed based on the identified mobile communications device, based on the identity of the current driver, and based on the stored profile for advantages of enhancing a vehicle system that can handle preferred settings of several users in a vehicle and can handle wireless connection with the wireless telephones for those users when in the vehicle.
Regarding claim 14, Simon in combination with He discloses the system of claim 12, wherein the operations effectuated by the processor further include automatically changing at least one setting on the vehicle (Simon: paragraphs [0026]-[0027]).
Regarding claim 15, Simon in combination with He discloses the system of claim 14, wherein automatically changing the at least one setting of the vehicle is performed based on the identified mobile communications device, based on the identity of the current driver, and based on the stored profile (He: paragraphs [0029], [0027], [0029]).
Claims 16-19 are drawn to a non-transitory computer readable storage medium comprising computer executable instructions that when executed by a computing device comprising code means for generating steps of claims 1 and 3-5. Therefore, the same rationale applied to claims 1, 3-5 apply. In addition, Simon in combination with He inherently discloses a computer program product, i.e., given that Simon/He discloses a process, the process would be implemented by a processor that requires a computer program product, e.g., a RAM, to function.
Claims 7 and 11 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Simon in combination with He, in view of Zeinstra (US 2006/0168627).
Regarding claim 7, Simon in combination with He discloses the system of claim 1, fails to specifically disclose wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable text-to-speech on the mobile communications device.
However, Zeinstra discloses wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable text-to-speech on the mobile communications device (paragraphs [0016], [0028], [0031]).
Therefore, taking the teachings of Simon in combination of He and Zeinstra as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes transmitting an instruction to the mobile communications device to enable text-to-speech on the mobile communications device in order to enhance hands free use of a wireless communication device and for configuring a wireless communication system in a vehicle (Zeinstra: paragraph [0001]).
Regarding claim 11, Simon in combination with He discloses the system of claim 1, fails to specifically disclose wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes automatically enabling text-to-speech playback of written messages.
However, Zeinstra discloses wherein automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes automatically enabling text-to-speech playback of written messages (paragraphs [0016], [0028], [0031]).
Therefore, taking the teachings of Simon in combination of He and Zeinstra as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to automatically changing one or more settings of the mobile communications device using at least one of the mobile communications device settings in the stored profile includes automatically enabling text-to-speech playback of written messages in order to enhance hands free use of a wireless communication device and for configuring a wireless communication system in a vehicle (Zeinstra: paragraph [0001]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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