DETAILED ACTION
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over 20190378220 to Ibrahim et al. (Ibrahim) in view of U.S. 20100145850 to Nagai et al. (Nagai)
With respect to claim 1, Ibrahim discloses a method for a vehicle (i.e., 110, FIG. 1-2), comprising:
identifying first user operating the vehicle while a second user associated with the vehicle is absent from the vehicle;
(¶¶ 20-21 user input, biometric security as a secondary form of identification, biometric sensor, in multimedia center 215 of vehicle 110 interfacing with fueling station 140 and/or cloud payment and vehicle database systems 170, biometric may include a user's voice, fingerprint, facial, ear, signature, vascular patterns, DNA sampling, hand geometry, sound, olfactory, keystroke/typing, iris, retinal or any other biometric relating to recognition based upon any body part, function, system, attribute and/or other characteristic, or any portion thereof; 38 user ID; 43 user may interface with multimedia center 215 to access payment network 170. In various embodiments, payment network 170 may require the user to login to access payment network 170 such as, for example, by inputting a username and password, biometric input, or the like; 44-45 user additional information fraud prevention, input user ID data, authentication, validate user ID, password, PIN; 54 payment network may prompt may the user to input the biometric input either alone or together with the user's password ( e.g., a 2-factor authentication), via multimedia center 215)
(i.e., examples provided in citations above and below only disclose a first identified user operating vehicle, wherein a second user associated with vehicle is further disclosed, i.e., ¶ 45 user may select to provision a different transaction account, or sub-account, based on . . . different operators of vehicle 110 (e.g., based on biometric input into multimedia center 215)”)
receiving a request for payment option from a fueling station and searching for a payment profile of the first user operating the vehicle;
(vehicle 110, payment network 170, fueling station 140, FIG. 1-2; process 301, FIG. 3 and corresponding description; 401, FIG. 4 and corresponding description; i.e., FIG. 2 request from 140 communications module 260 to vehicle communications module 227; ¶¶ 30 point of sale . . . enable refueling station 140 to receive automated payments from the vehicle 110 and submit a request to authorize the payment to the payment network; 32 Communications module 266 (e.g., a refueling station communications module) may be configured to communicate with vehicle 110 to initiate an automated remote payment; 38-39; vehicle database 285 . . . transaction account data . . user ID, transaction account number, Transaction systems 290 may be configured to register one or more vehicles 110 with payment network 170 and receive and settle the automated remote payments . . . accounts receivable systems and databases, accounts payable systems and databases, and/or the like.; 43-57, i.e., 45-47 select a transaction account for automated remote payments . . . provision a different transaction account, or sub-account, based on different refueling stations (e.g., by brand; by type, such as electric, gasoline, etc.; and the like), based on different operators of vehicle 110 . . . payment network 170 may store the vehicle identifying data and the associated user account data based on a user identifier or the like; 51 fueling station requests payment; 57 refueling station 140 may transmit a refueling completion notification to remote payment gateway 280. Payment network 170 may transmit transaction data to vehicle 110, and vehicle 110 may store the data as a record of automated remote payments completed by vehicle 110)
receiving a payment consent specifying a scope of payment includes one or more purchase category including refueling; and
(¶¶ 43-57; FIG. 3, 306-314 provide payment consent including payment token 314 which includes scope of payment and one or more purchase categories including refueling, i.e., 45-48 transaction account selected, account authorized for payments for categories, i.e., refueling station brand or type, such as electric, gasoline, etc. payment restriction controls . . . $50 monetary limit, i.e., remote payment is authorized up to $50 or any other suitable payment restriction control; 56 “remote payment approval may comprise data indicating that the transaction was successfully authorized”)
operating the vehicle to accept fuel supplied from the fueling station.
(¶ 56 “in response to receiving the remote payment approval, remote payment system 220 may transmit an electronic signal to the vehicle 110 fuel system to open and/or unlock the gas tank refueling cover. Remote payment system 220 may also notify the user, via multimedia center 215, that the user may begin refueling the vehicle 110. In response to receiving the remote payment approval, refueling station 140 may display that the user may begin refueling. In various embodiments, refueling station 140 may comprise an automated refueling station. In response to receiving the remote payment approval, refueling station 140 may be configured to automate the refueling process by connecting a gas hose, an electrical hose, etc. to vehicle 110, and begin the refueling process”; 420-422, FIG. 4)
However, Ibrahim fails to explicitly disclose:
determining the first user does not have a payment profile associated with the vehicle and sending a request for payment consent to a mobile device associated with the second user via a wireless network such that the payment consent is from a mobile device of the second user.
However, the use case where a payment profile, wallet, etc. of a first user vehicle driver is not available and subsequently a request for payment consent is sent to a second user such that the payment consent is from a mobile device of the second user would have been obvious to a PHOSITA at the time of effective filing in view of Nagai.
For example, Nagai discloses a user 32 without a payment profile at a credit/ money server 2, 61 wherein a request for payment consent to a mobile device of a predefined party (second user) via a wireless network is sent (i.e., FIG. 1 family charge request) and the payment consent from the predefined party (second user/ parent) via the wireless network is sent in response (i.e., family charge permission FIG. 1) from the mobile device of the second user
(i.e., parent mobile phone 31, FIG. 1, “family charge permission” is the payment consent)
(FIG. 8, i.e., s15, s25 and corresponding description)
(¶¶ 188 , 243 when the child mobile phone 32 asks for the charge with respect to the family account, a charge request permission mail may be transmitted to the parent mobile phone 31 and the family charge may be permitted after granting permission; 249, 363).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing date to implement the teachings of Nagai cited above into the system of Ibrahim, such that the teachings of the mobile phone are applied to the vehicle of Nagai. Doing so would provide the benefit of efficient sharing of family resources while allowing for parental control of vehicle related charges associated with the family car, i.e., parents will want children to be allowed to use a family charge account for safety, i.e., running out of gas, but can also determine limits and permission on a case by case basis (Nagai, ¶¶ 160-161, 181-182)
With respect to claim 3, Ibrahim in view of Nagai disclose the fueling station is a charging station.
(Ibrahim, ¶ 28 “refueling station 140 may comprise a gas station, a filling station, an electric vehicle charging station”)
With respect to claim 5, Ibrahim in view of Nagai disclose the payment consent further specifies a scope of payment including a maximum total amount for transaction.
(Ibrahim, ¶¶ 43-57; FIG. 3, 306-314 provide payment consent including payment token 314 which includes scope of payment and one or more purchase categories including refueling, i.e., 45-48 transaction account selected, account authorized for payments for categories, i.e., refueling station brand or type, such as electric, gasoline, etc. payment restriction controls . . . $50 monetary limit, i.e., remote payment is authorized up to $50 or any other suitable payment restriction control; 56 “remote payment approval may comprise data indicating that the transaction was successfully authorized”)
Claims 2, 4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over 20190378220 to Ibrahim et al. (Ibrahim) in view of U.S. 20100145850 to Nagai et al. (Nagai) and further in view of US 20160185358 to Todasco et al. (Todasco)
With respect to claim 2, Ibrahim in view of Nagai fail to disclose consent includes a digital key to activate the vehicle to drive, the method further comprising: authorizing the first user to operate the vehicle using the digital key. Todasco, from the same field of endeavor, discloses consent includes a digital key to activate the vehicle to drive, the method further comprising: authorizing the first user to operate the vehicle using the digital key.
(abstract, usage of the vehicle may be monitored and enforced using the restrictions; 1, 6 restrictions on use of a vehicle by a detected user in the vehicle; 404, FIG. 4; ¶¶ 13, restrictions on who may use the vehicle, determined from stored information, server, user device, keyfob; 15, 17 user detected and identified . . . device digital detection, biometrics, restrictions may be set with vehicle device or vehicle user server; 23-27, a restriction may be placed on use of any vehicle that user 102 utilizes, such as preventing user 102 from travelling with passengers if user 102 has not met their state's age or driving experience requirements; 28 User detection module 112 may determine an identification for user 102 by detecting and connecting with a device associated with user 102 and receiving identification information for user 102 (e.g., a name, identifier, etc.). As previously discussed, vehicle device 110 may be located in, attached and connected to, and/or associated with a vehicle. User 102 may utilize a communication device (e.g., a mobile/smart phone, laptop or tablet computer, wearable computing device, or other device) to connect to vehicle device 110 in order to provide identification information to vehicle device 110. The connection between the user device and vehicle device 110 may utilize short range wireless communications of vehicle device 110 to establish the connection. For example, user detection module 112 may transmit an identifier such as a Universally Unique Identifier (UUID) to the device. If user 102's device receives a request to establish the connection with vehicle device 110 and responds with an identifier for user 102, vehicle device 110 to ramp up in power and create a connection between user 102's device and vehicle device 110. The identifier for vehicle device 110 transmitted to user 102's device may be included in the received identifier for user 102 and/or user 102's device for example, the identifier may be transmitted with, concatenated with, or otherwise bundled with the identifier in the received token. In such embodiments, user detection module 112 may utilize communication module 118 of vehicle device 110 to receive the token from user 102's device, and process the token to establish a connection and determine an identity for user 102.; 28-29 unique identifier associated with user may be transmitted to vehicle to identify user and allow access to driving the vehicle; 30 vehicle device 110 may also request a log in from user 102 that detects and identifies user 102, for example, using an input device associated with vehicle device 110 (e.g., an input interface of a display module for vehicle device 110). In such embodiments, user 102 may provide an identifier, user account name, password, and/or PIN directly to vehicle device 110 without the use of the aforementioned device in possession of user 102. Once user 102 logs in to user detection module 112, an identity of user 102 may be accessed (e.g., from database 116) or determined using vehicle user server 130 or another service provider.; 11 once the vehicle's device and the user's communication device connect, the user may be identified and checked-in to the vehicle. Authorization may also be tied to a user account or anonymous token, which may be shared by more than one user. Thus, the aforementioned user detected in the vehicle may correspond more generally to a plurality of users sharing an identifier or identification information)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing date for the payment consent of Ibrahim in view of Nagai to include a digital key to activate the vehicle to drive, such that the system authorizes the first user to operate the vehicle using the digital key, as taught by Todasco, in order to ensure that only authorized users are allowed to use the vehicle, i.e., after fueling, the vehicle will startup again and should include user authorization to begin driving vehicle, in order to prevent unauthorized users (i.e., age, not on insurance policy) from starting to drive the vehicle after fueling.
(Todasco, ¶¶ 67 an insurance policy associated with the vehicle. For example, the restriction may be at least one of health based, age based, spending based, and insurance based,1-2, 12, 14, 22-23, 33, 45, 52).
With respect to claim 4, Ibrahim in view of Nagai disclose the purchase category includes a fueling category but fails to explicitly disclose a toll payment category.
Todasco, from the same field of endeavor, discloses purchase categories including both fueling and toll payment (¶¶ 15 restrictions may be enforced on usage of the vehicle by the user. Thus, the user may be prevented from utilizing the vehicle in a way that violates the restrictions. For example, the user may be prevented from utilizing a satellite radio of the vehicle or from performing payments using a payment application . . . the user exerting control of the vehicle may allow for usage of a payment module associated with the vehicle to pay for fuel, tolls, or other items/services”; 2, 14, 22-23, 33, 45, 52)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing date for the system of Ibrahim in view of Nagai to also include a toll payment category in order to provide a more refined payment permission structure, resulting in increased flexibility, i.e., for a parent who many want to allow for automatic payment of tolls but disallow other categories of payment such as subscription radio services (Todasco, ¶¶ 1-2, 12, 14, 22-23, 33, 45, 52).
With respect to claim 6, Ibrahim in view of Nagai fail to explicitly disclose the payment consent further specifies a scope of payment including a maximum number of transaction times. Todasco, from the same field of endeavor, discloses a scope of payment including a maximum number of transaction times
(¶ 13 “The authorizations may be set on a single or limited use basis, such as a restriction to prevent or allow usage of a vehicle entertainment system on a one time basis, or use of the vehicle's payment application on a once per week basis for fuel”)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing date for the payment consent of Ibrahim in view of Nagai to include a maximum number of transaction times in order to provide a more refined payment permission structure, resulting in increased flexibility, i.e., for a parent who many want to allow for automatic payment of certain items, but with a reasonable, predictable limit (Todasco, ¶¶ 1-2, 12, 14, 22-23, 33, 45, 52).
With respect to claim 7, Ibrahim in view of Nagai disclose the payment consent further specifies a scope of payment including a validity time period.
Todasco, from the same field of endeavor, discloses a scope of payment including a validity time period.
(¶ 13 “The authorizations may be set on a single or limited use basis, such as a restriction to prevent or allow usage of a vehicle entertainment system on a one time basis, or use of the vehicle's payment application on a once per week basis for fuel”; 53 restriction may also be placed on the time of day)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of effective filing date for the payment consent of Ibrahim in view of Nagai to include a maximum number of transaction times in order to provide a more refined payment permission structure, resulting in increased flexibility, i.e., for a parent who many want to allow for automatic payment of certain items, but with a reasonable, predictable timing limit (Todasco, ¶¶ 1-2, 12, 14, 22-23, 33, 45, 52), i.e., no purchases after midnight or no refilling gas more than a certain number of times per week since a full tank should last a week, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J MALKOWSKI whose telephone number is (313)446-4854. The examiner can normally be reached 8:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached at 313-446-4821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH J MALKOWSKI/Primary Examiner, Art Unit 3667