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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/03/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claims 1, 4, and 5, “an actual data acquisition unit configured to acquire actual data…”
Paragraph [0027] of the written description provides sufficient structure to perform the recited function: “The processor 201 executes the program PG2 stored in the second memory 202 to realize various functions including functions as the actual data acquisition unit 211, the process acquisition unit 212, the reference data acquisition unit 213, and the remote control unit 214.” FIG. 2 indicates that processor 201 is a processor of the remote communication device 205. Therefore, the actual data acquisition unit is being interpreted as a stored function executed by a processor of a remote communication device.
In claims 1, 4, and 5, “a reference data acquisition unit configured to acquire reference data…”
Paragraph [0027] of the written description provides sufficient structure to perform the recited function: “The processor 201 executes the program PG2 stored in the second memory 202 to realize various functions including functions as the actual data acquisition unit 211, the process acquisition unit 212, the reference data acquisition unit 213, and the remote control unit 214.” FIG. 2 indicates that processor 201 is a processor of the remote communication device 205. Therefore, the reference data acquisition unit is being interpreted as a stored function executed by a processor of a remote communication device.
In claims 1, 4, and 5, “a remote control unit configured to remotely control the moving object and configured to perform different processes…”
Paragraph [0027] of the written description provides sufficient structure to perform the recited function: “The processor 201 executes the program PG2 stored in the second memory 202 to realize various functions including functions as the actual data acquisition unit 211, the process acquisition unit 212, the reference data acquisition unit 213, and the remote control unit 214.” FIG. 2 indicates that processor 201 is a processor of the remote communication device 205. Therefore, the remote control unit is being interpreted as a stored function executed by a processor of a remote communication device.
In claim 2, “a process acquisition unit configured to acquire process information…”
Paragraph [0027] of the written description provides sufficient structure to perform the recited function: “The processor 201 executes the program PG2 stored in the second memory 202 to realize various functions including functions as the actual data acquisition unit 211, the process acquisition unit 212, the reference data acquisition unit 213, and the remote control unit 214.” FIG. 2 indicates that processor 201 is a processor of the remote communication device 205. Therefore, the process acquisition unit is being interpreted as a stored function executed by a processor of a remote communication device.
In claims 4 and 5, “a generation unit configured to generate [a/the] mark…”
Paragraph [0017] of the written description provides sufficient structure to perform the recited function: “The processor 131 executes the program PG3 stored in the third memory 132 to realize various functions including the functions of the generation unit 138 and the display control unit 139.” FIG. 2 indicates that processor 131 is a processor of the vehicle 100. Therefore, the generation unit is being interpreted as a stored function executed by a processor of a vehicle.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Link, II et al. (US 2019/0047511 A1), hereinafter Link.
Regarding claim 1, Link discloses a control device, comprising:
an actual data acquisition unit configured to acquire actual data on either or both of a mark displayed on an external monitor mounted on a moving object that is movable by remote control and acquired information acquired using the mark,
Link discloses ([0027]): "Turning now to the figures. FIG. 1 illustrates a vehicle environment 2 that includes vehicle 3. Vehicle 3 is shown with control unit 4, which may include a TCU or an ECU, located on the engine-compartment-side of firewall 5. Control unit 4 may include an ECM, and may include TCU circuitry that may be used to facilitate telematics services, such as for example, automatic crash notification, remote door unlock, remote vehicle start, remote vehicle stop, etc." Link further discloses ([0029]): "When paired with control unit 4, UE 6 may be configured to provide control messages to the ECM, or other vehicle control modules (e.g., a TCU, an infotainment head unit, a video controller or display, an audio head unit, an HVAC system module, door lock actuators, window controllers and actuators, trunk opening actuators, an engine start controller, etc.), via a data link 8." Link even further discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." FIG. 4, included below, demonstrates that display 26 displays a mark and is an external monitor (i.e., mounted on the exterior of dashboard 24 of cockpit 7) mounted on a moving object that is movable by remote control. Link still further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information included in QR code 28 is being interpreted as acquired information acquired using the mark.
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the acquired information including identification information for identifying the moving object;
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information (i.e., the identification information) included in QR code 28 is being interpreted as acquired information acquired using the mark.
a reference data acquisition unit configured to acquire reference data corresponding to the actual data;
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2." Here, the function of UE 6 directed towards acquiring the key/session value or other cryptographic input information is being interpreted as a reference data acquisition unit.
and a remote control unit configured to remotely control the moving object and configured to perform different processes related to movement of the moving object between when the actual data and the reference data match each other
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline."
and when the actual data and the reference data do not match each other.
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline." One of ordinary skill in the art would recognize that when the actual data and the reference data do not match each other (i.e., when the authentication of the cryptographic information is not successful), the vehicle operational request message is not followed; therefore, the moving object is controlled differently compared to when the actual data and the reference data match each other.
Regarding claim 4, Link discloses a control system, comprising:
a moving object that is movable by remote control;
Link discloses ([0027]): "Turning now to the figures. FIG. 1 illustrates a vehicle environment 2 that includes vehicle 3. Vehicle 3 is shown with control unit 4, which may include a TCU or an ECU, located on the engine-compartment-side of firewall 5. Control unit 4 may include an ECM, and may include TCU circuitry that may be used to facilitate telematics services, such as for example, automatic crash notification, remote door unlock, remote vehicle start, remote vehicle stop, etc." Link further discloses ([0029]): "When paired with control unit 4, UE 6 may be configured to provide control messages to the ECM, or other vehicle control modules (e.g., a TCU, an infotainment head unit, a video controller or display, an audio head unit, an HVAC system module, door lock actuators, window controllers and actuators, trunk opening actuators, an engine start controller, etc.), via a data link 8."
and a control device installed at a place different from the moving object,
Link discloses ([0027]): "The TCU may also be configured for transmitting and receiving signals and messages via a short range wireless communication link to a proximate device, such as user equipment device 6 located within cockpit 7 of vehicle 3, which UE may be a user's smart phone, tablet, laptop computer, etc. that is within a range of the TCU and which range corresponds to the type of short range wireless link, which may include Bluetooth, Bluetooth Low Energy, Wi-Fi, or other short-range IEEE 802.11 wireless link protocols, or similar." The Examiner has interpreted the control device of UE 6 as a control device installed at a place different from the moving object, as the control device is installed within UE 6 rather than being installed in the moving object.
wherein the moving object includes a communication device
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE."
and a moving object control device,
Link discloses ([0027]): "Turning now to the figures. FIG. 1 illustrates a vehicle environment 2 that includes vehicle 3. Vehicle 3 is shown with control unit 4, which may include a TCU or an ECU, located on the engine-compartment-side of firewall 5. Control unit 4 may include an ECM, and may include TCU circuitry that may be used to facilitate telematics services, such as for example, automatic crash notification, remote door unlock, remote vehicle start, remote vehicle stop, etc. " Link discloses ([0029]): "When paired with control unit 4, UE 6 may be configured to provide control messages to the ECM, or other vehicle control modules (e.g., a TCU, an infotainment head unit, a video controller or display, an audio head unit, an HVAC system module, door lock actuators, window controllers and actuators, trunk opening actuators, an engine start controller, etc.), via a data link 8."
the communication device includes a generation unit configured to generate a mark using at least identification information for identifying the moving object,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28, or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2..." Therefore, the mark generated by the generation unit of the communication device is generated using identification information for identifying the moving object (i.e., the key/session value or other cryptographic input information).
the identification information being information acquired from either or both of the control device and the moving object control device,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE."
and an external monitor configured to display the mark,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE." FIG. 4, included above, demonstrates the display of the mark on display 26 located on the exterior of dashboard 24 of the cockpit 7 (see also [0041]).
and the control device includes an actual data acquisition unit configured to acquire actual data on either or both of the mark displayed on the external monitor and acquired information acquired using the mark,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information included in QR code 28 is being interpreted as acquired information acquired using the mark.
the acquired information including the identification information,
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information (i.e., the identification information) included in QR code 28 is being interpreted as acquired information acquired using the mark.
a reference data acquisition unit configured to acquire reference data corresponding to the actual data,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2." Here, the function of UE 6 directed towards acquiring the key/session value or other cryptographic input information is being interpreted as a reference data acquisition unit.
and a remote control unit configured to remotely control the moving object and configured to perform different processes related to movement of the moving object between when the actual data and the reference data match each other…
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline."
and when the actual data and the reference data do not match each other.
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline." One of ordinary skill in the art would recognize that when the actual data and the reference data do not match each other (i.e., when the authentication of the cryptographic information is not successful), the vehicle operational request message is not followed; therefore, the moving object is controlled differently compared to when the actual data and the reference data match each other.
Regarding claim 5, Link discloses a control system, comprising:
a moving object that is movable by remote control;
Link discloses ([0027]): "Turning now to the figures. FIG. 1 illustrates a vehicle environment 2 that includes vehicle 3. Vehicle 3 is shown with control unit 4, which may include a TCU or an ECU, located on the engine-compartment-side of firewall 5. Control unit 4 may include an ECM, and may include TCU circuitry that may be used to facilitate telematics services, such as for example, automatic crash notification, remote door unlock, remote vehicle start, remote vehicle stop, etc." Link further discloses ([0029]): "When paired with control unit 4, UE 6 may be configured to provide control messages to the ECM, or other vehicle control modules (e.g., a TCU, an infotainment head unit, a video controller or display, an audio head unit, an HVAC system module, door lock actuators, window controllers and actuators, trunk opening actuators, an engine start controller, etc.), via a data link 8."
and a control device installed at a place different from the moving object,
Link discloses ([0027]): "The TCU may also be configured for transmitting and receiving signals and messages via a short range wireless communication link to a proximate device, such as user equipment device 6 located within cockpit 7 of vehicle 3, which UE may be a user's smart phone, tablet, laptop computer, etc. that is within a range of the TCU and which range corresponds to the type of short range wireless link, which may include Bluetooth, Bluetooth Low Energy, Wi-Fi, or other short-range IEEE 802.11 wireless link protocols, or similar." The Examiner has interpreted the control device of UE 6 as a control device installed at a place different from the moving object, as the control device is installed within UE 6 rather than being installed in the moving object.
wherein the moving object includes a communication device,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE."
the communication device including an external monitor configured to display a mark acquired from the control device,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE." FIG. 4, included above, demonstrates the display of the mark on display 23, located on the exterior of UE6.
and the control device includes a memory configured to store identification information for identifying the moving object,
Link discloses ([0042]): "Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28, or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2..." Here, the UE 6 must first capture QR code 28 and then display it on display 23 on the front side of the UE 6, wherein the QR code 28 may include a key/session value or other cryptographic input information. One of ordinary skill in the art would recognize that, in order for the QR code 28 to be displayed on display 23 on the front side of the UE, the QR code, which includes identification information for identifying the moving object, must be at least temporarily stored in a memory of the control device.
a generation unit configured to generate the mark using at least the identification information stored in the memory,
Link discloses ([0042]): "Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Here, the UE 6 must first capture QR code 28 and then display it on display 23 on the front side of the UE 6, wherein the QR code 28 may include a key/session value or other cryptographic input information. One of ordinary skill in the art would recognize that, in order for the QR code 28 to be displayed on display 23 on the front side of the UE, the QR code, which includes identification information for identifying the moving object, must be at least temporarily stored in a memory of the control device.
an actual data acquisition unit configured to acquire actual data on either or both of the mark displayed on the external monitor and acquired information acquired using the mark,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information included in QR code 28 is being interpreted as acquired information acquired using the mark.
the acquired information including the identification information,
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the key/session value or other cryptographic input information (i.e., the identification information) included in QR code 28 is being interpreted as acquired information acquired using the mark.
a reference data acquisition unit configured to acquire reference data corresponding to the actual data,
Link discloses ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image. Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2." Here, the function of UE 6 directed towards acquiring the key/session value or other cryptographic input information is being interpreted as a reference data acquisition unit.
and a remote control unit configured to remotely control the moving object and configured to perform different processes related to movement of the moving object between when the actual data and the reference data match each other…
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline."
and when the actual data and the reference data do not match each other.
Link discloses ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28 or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2. When UE 6 generates an operation permission message, the UE may transmit the operation permission message to control unit 4 via data link 14, or via an ultrasonic vehicle operation permission message signal as described above. Upon receiving a vehicle operation permission message from a UE with which it has been previously paired, and that contains cryptographic information that authenticates the UE with the control unit, control unit 4 causes the performance of the operation (or multiple operations) that the vehicle operational request message contained. If a given vehicle operational request message included a plurality of operational requests corresponding to a plurality of respective vehicle operations, for example, start the vehicle, start the air conditioning system, and roll down the windows, a user may be able to select, via user interface 23, that he, or she, desires some, but not all, of the requested operations, by selecting Yes for the desired operations and No for the operations that he, or she, wishes to decline." One of ordinary skill in the art would recognize that when the actual data and the reference data do not match each other (i.e., when the authentication of the cryptographic information is not successful), the vehicle operational request message is not followed; therefore, the moving object is controlled differently compared to when the actual data and the reference data match each other.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Link in view of Gariepy et al. (US 2024/0054434 A1), hereinafter Gariepy.
Regarding claim 2, Link teaches the aforementioned limitations of claim 1. Link further teaches:
the identification information is stored in each of a first memory of a moving object control device mounted on the moving object
Link teaches ([0027]): "Turning now to the figures. FIG. 1 illustrates a vehicle environment 2 that includes vehicle 3. Vehicle 3 is shown with control unit 4, which may include a TCU or an ECU, located on the engine-compartment-side of firewall 5. Control unit 4 may include an ECM, and may include TCU circuitry that may be used to facilitate telematics services, such as for example, automatic crash notification, remote door unlock, remote vehicle start, remote vehicle stop, etc." Link further teaches ([0042]): "Instead of generating an FSK vehicle operational request message signal and broadcasting it as an ultrasonic tone, or tones, from a speaker, at a power level that is intended only to reach a UE that is inside, or outside but very near, cockpit 7, control unit 4 may send signaling containing a message, or information, that causes display 26 to display a QR code 28, a bar code, or other similar means for conveying digital information in an image." Link even further teaches ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28..." Here, the identification information stored within QR code 28 is first displayed on display 26 of the moving object. One of ordinary skill in the art would recognize that, in order for display 26 to display QR code 28, the QR code 28 must be stored at least temporarily within a first memory of the moving object control device (i.e., a memory associated with control unit 4/display 26).
and a second memory of the control device,
Link teaches ([0042]): "Camera 30 on a backside 32 of UE 6 may capture QR code 28 and display it on display 23 on a front side of the UE. Display 23 may provide a user interface that provides an option for a user to confirm that the UE should process the vehicle operation request message and information contained in QR code 28, by selecting Yes at the bottom of the user interface." Link further teaches ([0043]): "If the user selects Yes at the bottom of display 23, UE 6 may generate a vehicle operation permission message based on a key/session value, or other cryptographic input information included in QR code 28, or based on cryptographic information that was stored into the UE when it was paired with control unit 4 during pairing process 22 as shown in FIG. 2..." Here, the UE 6 must first capture QR code 28 and then display it on display 23 on the front side of the UE 6, wherein the QR code 28 may include a key/session value or other cryptographic input information. One of ordinary skill in the art would recognize that, in order for the QR code 28 to be displayed on display 23 on the front side of the UE, the QR code, which includes identification information for identifying the moving object, must be at least temporarily stored in a memory of the control device.
However, while Link does teach the first memory and the second memory (see above), Link does not outright teach that an item of first identification information that is the identification information stored in the first memory has been set according to a manufacturing process being performed on the moving object, the control device further includes a process acquisition unit configured to acquire process information indicating the manufacturing process being performed on the moving object, and when the actual data acquisition unit acquires, as the actual data, the first identification information represented by the mark, the reference data acquisition unit acquires, as the reference data, at least information on the item according to the manufacturing process identified by the process information out of second identification information that is the identification information stored in the second memory. Gariepy teaches systems and methods for autonomous lineside parts delivery to an assembly line process, comprising:
an item of first identification information that is the identification information stored in the first memory has been set according to a manufacturing process being performed on the moving object,
Gariepy teaches ([0065]): "When the vehicle 212 is in part-search mode, it travels within a pre-defined proximity of the pick-up location 216 and searches for the part based on the part identifier. For example, the vehicle 212 may use sensors to scan objects such as identification tags such as RFID tags, bar codes, QR codes, etc. that are attached to (or associated with) particular storage locations or parts... According to other embodiments, a human operator may use a bar code scanner attached to the vehicle 212 to scan an object as it is placed on the vehicle 212. When the vehicle 212 matches a scanned object with the part identifier, the vehicle 212 has effectively located the part to be received on the vehicle 212." Gariepy further teaches ([0066]): " According to some embodiments, the vehicle 212 may obtain additional information from an identification tag. For example, any or all of an assembly-line location, a delivery time, a parts sequence, or an additional part identifier may be obtained. The additional information obtained from the identification tag may be transmitted to the fleet-management system 210 and/or stored on the vehicle 212 so that the fleet-management system 210 and/or the vehicle 212 can append the current mission with new tasks which are in part governed by the additional information, generate a new mission for the vehicle 212 based on the additional information, or associate the additional information with the process taking place at stage 204 upon the arrival of vehicle 212." Gariepy even further teaches ([0067]): " For example, a mission may be generated in which the vehicle 212 is sent to a pick-up location 216 in order to pick up an engine. In this case, the part identifier pertains to a generic engine. When the vehicle arrives at the pick-up location 216, it scans the surrounding area for an identification tag associated with an “engine”. Once it finds the engine, the vehicle 212 obtains additional information from the identification tag, which includes a VIN for the particular engine (i.e. an additional part identifier). Based on the particular part identifier, the vehicle 212 is able to determine (e.g. directly, or via the fleet-management system, with or with an enterprise resource planning system) that the particular engine is to be delivered to a particular stage of the assembly line process within a particular sequence of other engines and/or at a particular time." Gariepy still further teaches ([0074]): "When the vehicle 212 arrives at the pick-up location 216, it receives a part, for example, that was stored in inventory on the shelf 208. The control system of the vehicle 212 plans a drop-off path 228 from the location of the vehicle 212 (at or near the pick-up location 216) to the assembly-line location 214." The Examiner has interpreted the use of vehicle 212 in conveying the part from the pick-up location to the assembly-line location as a manufacturing process being performed on the moving object.
the control device further includes a process acquisition unit configured to acquire process information indicating the manufacturing process being performed on the moving object,
Gariepy teaches ([0066]): " According to some embodiments, the vehicle 212 may obtain additional information from an identification tag. For example, any or all of an assembly-line location, a delivery time, a parts sequence, or an additional part identifier may be obtained. The additional information obtained from the identification tag may be transmitted to the fleet-management system 210 and/or stored on the vehicle 212 so that the fleet-management system 210 and/or the vehicle 212 can append the current mission with new tasks which are in part governed by the additional information, generate a new mission for the vehicle 212 based on the additional information, or associate the additional information with the process taking place at stage 204 upon the arrival of vehicle 212." Gariepy further teaches ([0067]): " For example, a mission may be generated in which the vehicle 212 is sent to a pick-up location 216 in order to pick up an engine. In this case, the part identifier pertains to a generic engine. When the vehicle arrives at the pick-up location 216, it scans the surrounding area for an identification tag associated with an “engine”. Once it finds the engine, the vehicle 212 obtains additional information from the identification tag, which includes a VIN for the particular engine (i.e. an additional part identifier). Based on the particular part identifier, the vehicle 212 is able to determine (e.g. directly, or via the fleet-management system, with or with an enterprise resource planning system) that the particular engine is to be delivered to a particular stage of the assembly line process within a particular sequence of other engines and/or at a particular time." Gariepy is modified such that the fleet-management system 210 corresponds to the UE 6 of Link.
and when the actual data acquisition unit acquires, as the actual data, the first identification information represented by the mark, the reference data acquisition unit acquires, as the reference data, at least information on the item according to the manufacturing process identified by the process information out of second identification information that is the identification information stored in the second memory.
Gariepy teaches ([0066]): " According to some embodiments, the vehicle 212 may obtain additional information from an identification tag. For example, any or all of an assembly-line location, a delivery time, a parts sequence, or an additional part identifier may be obtained. The additional information obtained from the identification tag may be transmitted to the fleet-management system 210 and/or stored on the vehicle 212 so that the fleet-management system 210 and/or the vehicle 212 can append the current mission with new tasks which are in part governed by the additional information, generate a new mission for the vehicle 212 based on the additional information, or associate the additional information with the process taking place at stage 204 upon the arrival of vehicle 212." Gariepy further teaches ([0067]): " For example, a mission may be generated in which the vehicle 212 is sent to a pick-up location 216 in order to pick up an engine. In this case, the part identifier pertains to a generic engine. When the vehicle arrives at the pick-up location 216, it scans the surrounding area for an identification tag associated with an “engine”. Once it finds the engine, the vehicle 212 obtains additional information from the identification tag, which includes a VIN for the particular engine (i.e. an additional part identifier). Based on the particular part identifier, the vehicle 212 is able to determine (e.g. directly, or via the fleet-management system, with or with an enterprise resource planning system) that the particular engine is to be delivered to a particular stage of the assembly line process within a particular sequence of other engines and/or at a particular time." Gariepy even further teaches ([0099]): "Referring to FIG. 5 to FIG. 10, there are shown various methods related to autonomous lineside delivery. According to some embodiments, these methods may be stored as computer instructions stored on non-transitory computer-readable media on any or all of a self-driving material-transport vehicle, a fleet-management system, and an enterprise resource planning system. Each of the vehicle, fleet-management system, and enterprise resource planning system include at least one processor and memory such that the computer instructions can be used to configure the processors to execute any or all of the steps of the following methods." Gariepy is modified such that the fleet-management system 210 corresponds to the UE 6 of Link.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Link to incorporate the teachings of Gariepy to provide that an item of first identification information that is the identification information stored in the first memory has been set according to a manufacturing process being performed on the moving object, the control device further includes a process acquisition unit configured to acquire process information indicating the manufacturing process being performed on the moving object, and when the actual data acquisition unit acquires, as the actual data, the first identification information represented by the mark, the reference data acquisition unit acquires, as the reference data, at least information on the item according to the manufacturing process identified by the process information out of second identification information that is the identification information stored in the second memory. Link and Gariepy are each directed towards similar pursuits in the field of conveying information to/from vehicles using markers (e.g., barcodes and/or QR codes), and the fleet-management system of Gariepy performs remote control in a manner analogous to the UE 6 of Link. Accordingly, one of ordinary skill in the art would find it advantageous to incorporate the teachings of Gariepy, as doing so beneficially allows for the moving object to participate in a manufacturing process by conveying parts from a specified pick-up location to a specified stage of an assembly line process (see at least [0067]). The process acquisition unit of Gariepy provides the further benefit of allowing the control device to, based on the acquired process information, append a current mission with new tasks or generate a new mission for the vehicle (see at least [0065]-[0067]).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, Link is considered the closest prior art of record. With respect to the limitations of claim 3, Link teaches that the identification information is stored in each of a first memory of a moving object control device mounted on the moving object and a second memory of the control device (see at least [0027] and [0042]-[0043] and the 35 USC 103 rejection of claim 2 above), when the mark is generated using at least first identification information that is the identification information stored in the first memory, the first identification information represented by the mark includes unique information unique to the moving object (see at least [0042]-[0043] and the 35 USC 103 rejection of claim 2 above), and the actual data acquisition unit acquires, as the actual data, the first identification information represented by the mark (see at least [0042]-[0043], in particular the key/session value or other cryptographic input information included in QR code 28), and the reference data acquisition unit acquires, as the reference data, at least second identification information that is the identification information stored in the second memory (see at least [0042]-[0043], in particular the information conveyed by the UE 6 after capturing QR code 28 from display 26), the second identification information including the unique information (see at least [0042]-[0043], in particular the second identification information presented via the QR code 28 on display 23 of UE 6).
However, Link fails to teach or suggest that “when the mark is generated using the second identification information and not using the first identification information, the second identification information represented by the mark includes the unique information, and the actual data acquisition unit acquires, as the actual data, the second identification information represented by the mark, the reference data acquisition unit acquires, as the reference data, at least the first identification information including the unique information, and when the mark is generated using at least the first identification information, the first identification information represented by the mark does not include the unique information and includes non-unique information other than the unique information, and the actual data acquisition unit acquires, as the actual data, the non-unique information included in the first identification information represented by the mark and the unique information acquired using access information represented by the mark, the reference data acquisition unit acquires, as the reference data, at least the second identification information including the unique information and the non-unique information, the access information being information for accessing the first memory.” In particular, Link is silent regarding generating the mark to contain unique and/or non-unique information based on whether the mark is generated using the first identification information or the second identification information.
Additional search and consideration proved unfruitful, yielding no results which teach or suggest, alone or in combination, in combination with the other claimed elements, the above-recited features of claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Son et al. (US 2020/0292406 A1) teaches a system and method for detecting an air leak in a commercial vehicle, particularly as part of an inspection process (see at least [0099]); Son et al. considers the process of detecting an air leak as being “essential to the manufacture and operation of a commercial vehicle” (see at least [0009]), and relies upon scanning and generating barcode data for vehicle identification purposes (see at least [0021]). Ghamsari et al. (US 10,682,980 B1) teaches systems and methods for test driving cars with limited human interaction, including the use of a dynamic marker (e.g., a linear barcode, matrix barcode, etc.) displayed using an electronic display or e-ink display (see at least Col. 6 line 65 – Col. 7 line 5 and Col. 10 line 55 – Col. 11 line 16). Levy et al. (US 2019/0137290 A1) teaches methods for executing autonomous rideshare requests, wherein an autonomous vehicle utilizes an outwardly-facing display rendering a QR code scannable by a user in another vehicle; after scanning the QR code with a mobile computing device, the user may request the autonomous vehicle’s parking space, causing the autonomous vehicle to leave its current parking space and transition to another navigation mode (see at least [0057]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK T GLENN III whose telephone number is (571)272-5078. The examiner can normally be reached M-F 7:30AM - 4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.T.G./Examiner, Art Unit 3662
/DALE W HILGENDORF/Primary Examiner, Art Unit 3662