DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status
2. In response to the amendments filed 08/26/2026, claims 1, 4, 8 and 11 were amended, claim 2 was canceled and new claims 16-20 were added. Therefore, claims 1 and 3-20 are currently pending and claims 1, 3-11 and 16-20 are elected for examination.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
4. Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Limitation “the tag is not a vehicle license plate” is a negative limitation and is not supported by the Applicant original disclosure.
Claims 2, 4-11 and 16 depend on claim 1. Claim 2, 4-11 and 16 are also rejected because they depend on base claim that is rejected.
Claim Rejections - 35 USC § 103
5. 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 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.
6. 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.
7. Claims 1-2 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al. (Cai; US 2015/0381551) in view of Strimling (US 2014/0334684).
For claim 1, Cai discloses a method of communicating with a target vehicle [E.g. 0004: framework for vehicle-to-vehicle communication is described herein. In accordance with one aspect, a send message to a receiving driver of a receiving vehicle is generated from a sending end-user device in response to a user event from a sending driver. The send message may be generated to include an image of the receiving vehicle of the receiving driver, and a voice message created by the sending driver. The send message may be sent to a server using the sending end-user device. The send message may further be processed by the server, which includes identifying the receiving vehicle, searching to find information of a receiving end-user device, and sending the send message to the receiving end-user device if information of the receiving end-user device is found, 0018: the environment 100 includes a vehicle-to-vehicle communication application system 140. The system, in one implementation, is a software tool for facilitating vehicle-to-vehicle communication. Vehicles may be any type of vehicles, such as automobiles, trucks, vans, motorcycles as well as other types of vehicles. For example, any type of vehicles that may have a registration number, such as a plate number may be applicable], comprising:
determining an identifier for a target vehicle [E.g. 0028: image module 184, in one implementation, processes a digital image from the camera. In one implementation, the image module 184 includes image detection. For example, the image module includes a routine for recognizing or detecting the location of a license plate on vehicles in the digital image. For example, the module 184 detects the location of numbers, which indicates the location of the license plate, 0034: The voice message, in one implementation, contains a vehicle ID, message body and driver rating. Providing other elements in the voice message may also be useful. The vehicle ID may be the license plate or vehicle registration number. The message body may include the message to the receiving driver, 0047: a process 200 for generating and sending a message using the V2V App. As discussed, in one implementation, when the App is running, the camera is continuously operating to pick up image frames of the road. The image frames are analyzed to detect vehicle registration or plate numbers of vehicles in the images. For example, the image module 184 of the mobile device analyzes the image to detect the vehicle registration number of vehicles in the image. The registration number is cropped from the image. For example, a portion of the vehicle and its registration number may be cropped from the image, 0004], wherein the identifier is tag on or in the vehicle and visible from an exterior of the vehicle [E.g. 0028, 0032, 0034, 0041; a tag is the license plate which is visible from an exterior of the vehicle];
providing an interface by which a user-generated communication can be created [E.g. 0026: App interface 188, in one implementation, is a voice-based interface. For example, the App interface displays information on the screen or display of the mobile device and interacts with the driver using voice. The App interface may also include command or select buttons which the driver may select, 0035: App interface 188 may facilitate in creating the voice message. The interface may include a voice, instructing or requesting the desired information from the driver. For example, the voice interface may verbally request the vehicle ID. After the vehicle ID is recorded, the interface may verbally request the message body. After the message body is recorded, the interface may request the driver rating. In some implementations, the voice interface may just request the driver to input the voice message. Alternatively, the interface may display the requested information on the device display];
sending the user-generated communication through a communication network to the target vehicle [E.g. 0037: The completed voice message and image are sent to the backend subsystem on the cloud. For example, the message sent may include the voice component, image component, location information and time stamp. The interface may request confirmation from the driver before sending the message. Alternatively, the App automatically sends the message once it is completed. A user may configure the App to either automatically send or wait for confirmation before sending the message. The message interface of the backend subsystem receives the message, 0044: The vehicle identification module 163 searches the database module to determine if the vehicle ID of the receiving vehicle exists or is contained in the database. For example, the vehicle ID from the image processing and voice recognition module may be used to query the database module. If the receiving vehicle's contact information is contained in the database, the message from the sending driver is sent to the receiving driver by the communication module 161. The communication module may push the message to the receiving driver's mobile device with the App installed].
Cai fails to expressly disclose that the tag is not a license plate.
However, as shown by Strimling, it was well known in the art of vehicle identifiers to include a vehicle tag that is not a license plate [E.g. 0052; vehicle 12 includes identifier 14. For example, identifier 14 a vehicle tag, an RFID tag or chip, a transmitter, a GPS device associated with the vehicle or driver, or other device or component that is configured to identify vehicle 12].
It would have been obvious to one of ordinary skill in the art vehicle identifiers before the effective filling date of the claimed invention modify Cai with the teaching of Strimling in order to enable the vehicle identifier to be read in an environment where it is difficult to read the vehicle license plate and thereby improve the overall identification system, also it is merely combing prior art elements according to known methods to yield predicable results.
For claim 2, although Cai fails to expressly disclose the identifier is a vehicle identification number of the target vehicle, Cai teaches determining an identifier of a vehicle [see claim 1 analysis]. However, having the identifier is a vehicle identification number fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cai to include the identifier as a vehicle identification number of the target vehicle in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Cai.
For claim 4 Strimling further teaches wherein the tag is separate from the vehicle license plate [E.g. 0052].
For claim 5, although Cai fails to expressly disclose wherein the tag includes a code that can be read by a smartphone, Cai teaches the tag includes a text that can be read by a smartphone [see claims 4 and 7 analysis]. However, having the tag includes a code fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cai to have the tag including a code in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Cai.
For claim 6, Strimling further teaches wherein the tag is a NFC tag or a RFID tag [E.g. 0052].
For claim 7, Cai discloses wherein the step of determining an identifier is accomplished with a camera of a smartphone [E.g. 0021-0028, 0051].
For claim 8, although Cai fails to expressly disclose wherein the identifier is a vehicle identification number that is determined from the tag by a program using image data from the camera, Cai teaches the identifier is determined by a program using image data from the camera [see claims 1 and 7 analysis]. However, having the identifier is a vehicle identification number that is determined from the tag by a program using image data from the camera fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cai to have the identifier is a vehicle identification number that is determined from the tag by a program using image data from the camera in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Cai.
For claim 9, Cai discloses wherein the user-generated communication includes an image [E.g. 0032-0033, 0049, 0061] or video, a text message, or a gift or other transfer from an account of a giver to the account of a recipient associated with the target vehicle.
For claim 10, The examiner elected the embodiment of “an image or video” as selected from the embodiments of “an image or video, a text message, or a gift or other transfer from an account of a giver to the account of a recipient associated with the target vehicle” in claim 9. Therefore, those limitations are not examined.
8. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cai in view of Strimling and further in view of admitted prior art (“APA”).
For claim 11, Cai fails to expressly disclose filtering the content of the user-generated communication to remove any profanity from the communication.
Examiner took official notice in the action mailed 3 June 2026, to the fact that it is old and a known expedient in the art of communication filtering to have filtering content of user-generated communication to remove any profanity from the communication. As per MPEP § 2144.03(C), the statement that it is old and a known expedient in the art of communication filtering that having filtering content of user-generated communication to remove any profanity from the communication is taken to be admitted prior art (APA) because Applicant failed to traverse the assertion of official notice or the traverse was inadequate because Applicant's response or remarks fails to reference Examiner's assertion of official notice. Reliance on APA does not constitute new ground(s) of rejection.
Therefore, it would have been obvious to one of ordinary skills in the art of communication filtering before the effective filing date of the claimed invention to modify Cai in view of Strimling to include the teaching of APA in order to improve user engagement and overall communication experience.
9. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cai in view of Strimling and further in view of Grunfeld (US 2020/0250967).
For claim 16, Cai in view of Strimling fails to expressly disclose wherein the step of determining an identifier for a target vehicle is performed while the target vehicle is parked.
However, as shown by Grunfeld, it was well known in the art of vehicle communication to include determining an identifier for a target vehicle is performed while the target vehicle is parked [E.g. 0024, Fig. 4].
It would have been obvious to one of ordinary skill in the art vehicle identifiers before the effective filling date of the claimed invention modify Cai in view of Strimling with the teaching of Grunfeld in order to enable the vehicle to communicate when parked and thereby improve the overall vehicle communication system, also it is merely combing prior art elements according to known methods to yield predicable results.
10. Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cai in view of in view of Grunfeld (US 2020/0250967).
For claim 17, Cai discloses a method of communicating with a target vehicle [E.g. 0004: framework for vehicle-to-vehicle communication is described herein. In accordance with one aspect, a send message to a receiving driver of a receiving vehicle is generated from a sending end-user device in response to a user event from a sending driver. The send message may be generated to include an image of the receiving vehicle of the receiving driver, and a voice message created by the sending driver. The send message may be sent to a server using the sending end-user device. The send message may further be processed by the server, which includes identifying the receiving vehicle, searching to find information of a receiving end-user device, and sending the send message to the receiving end-user device if information of the receiving end-user device is found, 0018: the environment 100 includes a vehicle-to-vehicle communication application system 140. The system, in one implementation, is a software tool for facilitating vehicle-to-vehicle communication. Vehicles may be any type of vehicles, such as automobiles, trucks, vans, motorcycles as well as other types of vehicles. For example, any type of vehicles that may have a registration number, such as a plate number may be applicable], comprising:
determining an identifier for a target vehicle [E.g. 0028: image module 184, in one implementation, processes a digital image from the camera. In one implementation, the image module 184 includes image detection. For example, the image module includes a routine for recognizing or detecting the location of a license plate on vehicles in the digital image. For example, the module 184 detects the location of numbers, which indicates the location of the license plate, 0034: The voice message, in one implementation, contains a vehicle ID, message body and driver rating. Providing other elements in the voice message may also be useful. The vehicle ID may be the license plate or vehicle registration number. The message body may include the message to the receiving driver, 0047: a process 200 for generating and sending a message using the V2V App. As discussed, in one implementation, when the App is running, the camera is continuously operating to pick up image frames of the road. The image frames are analyzed to detect vehicle registration or plate numbers of vehicles in the images. For example, the image module 184 of the mobile device analyzes the image to detect the vehicle registration number of vehicles in the image. The registration number is cropped from the image. For example, a portion of the vehicle and its registration number may be cropped from the image, 0004];
providing an interface by which a user-generated communication can be created [E.g. 0026: App interface 188, in one implementation, is a voice-based interface. For example, the App interface displays information on the screen or display of the mobile device and interacts with the driver using voice. The App interface may also include command or select buttons which the driver may select, 0035: App interface 188 may facilitate in creating the voice message. The interface may include a voice, instructing or requesting the desired information from the driver. For example, the voice interface may verbally request the vehicle ID. After the vehicle ID is recorded, the interface may verbally request the message body. After the message body is recorded, the interface may request the driver rating. In some implementations, the voice interface may just request the driver to input the voice message. Alternatively, the interface may display the requested information on the device display]; and
sending the user-generated communication through a communication network to the target vehicle [E.g. 0037: The completed voice message and image are sent to the backend subsystem on the cloud. For example, the message sent may include the voice component, image component, location information and time stamp. The interface may request confirmation from the driver before sending the message. Alternatively, the App automatically sends the message once it is completed. A user may configure the App to either automatically send or wait for confirmation before sending the message. The message interface of the backend subsystem receives the message, 0044: The vehicle identification module 163 searches the database module to determine if the vehicle ID of the receiving vehicle exists or is contained in the database. For example, the vehicle ID from the image processing and voice recognition module may be used to query the database module. If the receiving vehicle's contact information is contained in the database, the message from the sending driver is sent to the receiving driver by the communication module 161. The communication module may push the message to the receiving driver's mobile device with the App installed].
Cai fails to expressly disclose wherein the user-generated communication includes a gift or other transfer from an account of a giver to the account of a recipient associated with the target vehicle.
However, as shown by Grunfeld, it was well known in the art of vehicle communications to include a user-generated communication includes a gift or other transfer from an account of a giver to the account of a recipient associated with the target vehicle [E.g. 0024, claims 4-5].
It would have been obvious to one of ordinary skill in the art vehicle communications before the effective filling date of the claimed invention modify Cai with the teaching of Grunfeld in order to allow the driver with a way to provide incentives to other drivers so that the overall driving experience improve, also it is merely combing prior art elements according to known methods to yield predicable results.
For claim 18, Grunfeld further teaches wherein the gift or other transfer includes one or more of a monetary gift [E.g. 0024, claim 4-5] or an e-gift card.
For claim 19, although Cai in view of Grunfeld fails to expressly disclose wherein the gift or other transfer includes one or more virtual duck graphics, Grunfeld teaches the transfer includes a monetary gift [0024, claim 4-5]. However, having wherein the gift or other transfer includes one or more virtual duck graphics fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cai in view of Grunfeld to have the transfer includes one or more virtual duck graphics in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Cai in view of Grunfeld.
For claim 20, Cai discloses wherein the account of the giver is a virtual community account of the user providing the user-generated communication the account of the recipient is a virtual community account that is associated with the target vehicle [E.g. 0071, 0017, Figs 3a-3e].
Cai in view of Grunfeld fails to expressly disclose wherein the gift or other transfer includes tokens or points.
Although Cai in view of Grunfeld fails to expressly disclose wherein the gift or other transfer includes tokens or points, Grunfeld teaches the transfer includes a monetary gift [0024, claim 4-5]. However, having wherein the gift or other transfer includes tokens or points fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cai in view of Grunfeld to have the transfer includes tokens or points in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Cai in view of Grunfeld.
Response to Remarks
11. The Applicant's remarks regarding the rejection have been considered but are moot because the arguments do not apply to the new ground of rejection.
Conclusion
12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED BARAKAT whose telephone number is (571)270-3696. The examiner can normally be reached on 9:00am-5:00PM.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMED BARAKAT/
Primary Examiner, Art Unit 2689
Prosecution Insights