Detailed Office 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 .
This is a non-final Office Action on the merits. Claims 16-35 are currently pending and are addressed below.
Priority
Acknowledgment is made of applicant's claim priority for DE10 2022 108 097.8 filed April 05, 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/09/2024 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.
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: “isolation module” in claims 32 and 33. and “release module” in claims 31
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 33 recites the limitation "the communication module". There is insufficient antecedent basis for this limitation in the claim. Correction to “a communication module” or the proper inclusion of antecedent basis is required.
Claim 35 recites the limitations "the external service component" and “the backend server”. There is insufficient antecedent basis for these limitations in the claim. Correction to “a external service component”/”a backend server” or the proper inclusion of antecedent basis is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
101 Analysis - With respect to Claim 1
Claims 16, 31-33, and 35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis - Step 1:
Claim 16 is directed towards a method which is directed to the statutory category of a process. Claim 31 is directed towards a release module which is directed to the statutory category of a machine. Claim 32 is directed towards an isolation module which is directed to the statutory category of a machine. Claim 33 is directed towards a vehicle which is directed to the statutory category of a machine. Claim 35 is directed towards a system which is directed to the statutory category of a machine. Therefore Claims 16, 31-33, and 35 are within at least one of the four statutory categories.
101 Analysis- Step 2A Prong One:
Regarding Prong One of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental process.
Independent claim 31 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for Claim 16 for the 101 rejection.
Independent claim 32 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for Claims 33 and 35 for the 101 rejection.
Claim 31 recites, inter alai:
“A release module in a vehicle, configured to:
determine features of a cooperative service provision in a vehicle between an onboard service component and an external service component;
receive or send a request regarding the provision of a service in the vehicle, wherein the request includes at least one of the group consisting of an identification code of an external service component and an identification code of an onboard service component;
receive records of a release list and store the records in a database of the release module;
determine release information for the cooperative service provision using the records of the release list and using respective current features of the cooperative service provision;
release at least one onboard interface for one of the group consisting of the onboard service component and for the external service component to provide the service according to the release information;
store the determine release information;
check the release information for validity; and
re-determine features of the cooperative service provision and checking whether validity of stored release information with regard to the re-determined features exists.”
Claim 32 recites, inter alai:
An isolation module in a vehicle
wherein the isolation module is connected to the release module as claimed in claim 31; and
wherein the isolation module is configured to cause at least one control unit of the vehicle to activate or deactivate an interface for at least one of the group consisting of an onboard service component and an external service component by performing at least one of the group consisting of:
allowing or preventing the execution of software of the vehicle or the onboard service component
forwarding or receiving first information on a communication path between the vehicle and the onboard service component;
forwarding or receiving the first information on a communication path between the onboard service component and the external service component;
sending fault codes on the communication path between the vehicle and the onboard service component;
sending fault codes on the communication path between the onboard service component and the external service component.”
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind.
For example, “determining”, “releasing”, “checking”, and “allowing” in the context of the above claims, all encompass a person looking at available data and forming a simple judgement (determination, analysis, comparison, etc.) either manually or using a pen and paper. Accordingly, the claim recites at least one abstract idea. The examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).
As drafted, the above claims, under their broadest reasonable interpretation, cover mental processes performed in the human mind (including an observation, evaluation, judgement, opinion), that are merely completed via generic computer components. Accordingly, the claims recite an abstract idea.
Step 2A Prong Two Analysis:
Regarding Prong Two of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
Claim 31 recites, inter alai:
“A release module in a vehicle, configured to:
determine features of a cooperative service provision in a vehicle between an onboard service component and an external service component;
receive or send a request regarding the provision of a service in the vehicle, wherein the request includes at least one of the group consisting of an identification code of an external service component and an identification code of an onboard service component;
receive records of a release list and store the records in a database of the release module;
determine release information for the cooperative service provision using the records of the release list and using respective current features of the cooperative service provision;
release at least one onboard interface for one of the group consisting of the onboard service component and for the external service component to provide the service according to the release information;
store the determine release information;
check the release information for validity; and
re-determine features of the cooperative service provision and checking whether validity of stored release information with regard to the re-determined features exists.”
Claim 32 recites, inter alai:
An isolation module in a vehicle
wherein the isolation module is connected to the release module as claimed in claim 31; and
wherein the isolation module is configured to cause at least one control unit of the vehicle to activate or deactivate an interface for at least one of the group consisting of an onboard service component and an external service component by performing at least one of the group consisting of:
allowing or preventing the execution of software of the vehicle or the onboard service component
forwarding or receiving first information on a communication path between the vehicle and the onboard service component;
forwarding or receiving the first information on a communication path between the onboard service component and the external service component;
sending fault codes on the communication path between the vehicle and the onboard service component;
sending fault codes on the communication path between the onboard service component and the external service component.”
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “receive or send…”, “receive records…”, “store…information”, “forwarding or receiving…”, and “sending fault codes,,,”, these limitations merely describe the sending, receiving, and storage of data which are insignificant extra solution activities. See MPEP § 2106.05(g).
Regarding the additional limitations of “…isolation module is connected to the release module …”, this limitation merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose vehicle control environment. See Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. at 223 (“[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”). The device(s) and processor(s) are recited at a high level of generality and merely automates the steps.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B Analysis:
The claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Further, the act of sending, receiving, and storing data amounts to no more than merely transmitting or storing information of the exception and thus is an extra-solution activity. The claims are not patent eligible.
Regarding dependent claims 17-30 and 34, no claim further adds a limitation that introduces any practical applications to the claimed invention, the dependent claims merely add more mental process, mathematical concepts, and post-solution activities and are thus not patent eligible.
Therefore, Claims 16-35 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 102
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.
Claims 16, 20, 22-23, 25, 28 and 31-35 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ederle et al (DE 10201401a7618 A1), hereafter referred to as Ederle.
Regarding Claim 16, Ederle teaches a method of providing a service in a vehicle wherein the service is provided using at least one onboard service component and an external service component (see at least Ederle [English Translation Abstract and pg.8 para.7, pg.7 para.2] A method for releasing and / or triggering a vehicle function of a motor vehicle... wirelessly transmitting an encrypted identification information from a portable access element to a communication device of the motor vehicle…an actuation of an operating element of the motor vehicle, for example a start button for starting the engine of the motor vehicle, is detected by the control device of the motor vehicle. Since this operation input is to trigger a vehicle function requiring release by the release device, the control device initiates mutual authentication between the control device and the release device...other vehicle functions could be activated. The access element is for example a mobile phone. By an operator indication on the mobile phone, a locking function or unlocking function of the motor vehicle can be activated. This corresponds to a classic lock or unlock function of a remote key. To activate this function, a corresponding request is transmitted to the communication device of the motor vehicle by the mobile telephone) The starting of the vehicle’s engine is analogous to an onboard service component and the unlocking and locking of the vehicle doors from a mobile device access element is analogous to an external service component.
the method comprising:
receiving a request for provision of the service in the vehicle (see at least Ederle [English Translation pg.3 para.3] A vehicle function can be triggered in the method according to the invention by the access element transmitting a corresponding function request to the communication device)
determining at least one identification code of at least one of the group consisting of the external service component and the onboard service component (see at least Ederle [English Translation pg.2 para.4, pg.6 para.1] Wireless transmission of encrypted identification information from a portable access element to a communication device of the motor vehicle, Decrypting the encrypted identification information with a communication device key stored on the communication device by the communication device to provide decrypted identification information, Authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information...The access record may also include identification information that may be associated with the communication device, the access element, or a user)
determining release information for a cooperative provision of services for the vehicle using a release list and the at least one identification code (see at least Ederle [English Translation pg.2 para.5, pg.8 para.3] a multi-level authentication for enabling or triggering vehicle functions, wherein the access element and the communication device cooperate in order to achieve authentication with respect to the release device and the release device in turn is authenticated to the control device…the release device is authenticated to the control device only after a successful authentication of the communication device with respect to the release device in steps S14 and S15 and thus only when a suitable access data set is transmitted by the appropriate access element)
releasing, by a release module of the vehicle, to provide the service in accordance with the release information, at least one onboard interface for at least one of the group consisting of the onboard service component and for the external service component (see at least Ederle [English Translation pg.2 para.3, pg.3 para.3] The invention has for its object to provide a method for releasing and / or triggering a vehicle function of a motor vehicle, which allows a contrast improved protection against a release or activation in manipulation of motor vehicle systems and thus against unauthorized use of vehicle functions...vehicle functions can be released, which are triggered by controls of the motor vehicle itself. If, for example, a start button of the motor vehicle is actuated to start an engine of the motor vehicle, the control device can check whether the release device has authenticated to the control device and release the function only in this case…if the release device, for example, substantially identical to a conventional radio key, the release device includes functions for locking or unlocking the motor vehicle, which can be triggered after a successful authentication of the access element by the communication device).
Regarding Claim 20, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein releasing the at least one interface according to the release information includes at least one of the group consisting of:
activating a software interface for use by an onboard service component;
activating a hardware component of the vehicle
starting a software process in the vehicle
activating a communication interface
(see at least Ederle [English Translation pg.8 para.7] an actuation of an operating element of the motor vehicle, for example a start button for starting the engine of the motor vehicle, is detected by the control device of the motor vehicle. Since this operation input is to trigger a vehicle function requiring release by the release device, the control device initiates mutual authentication between the control device and the release device, which is performed in steps S27 and S28) The starting the engine of the motor vehicle is analogous to activating a hardware component of the vehicle.
Regarding Claim 22, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein the service is a control of a parking heater, a horn or a locking system of the vehicle (see at least Ederle [English Translation pg.7 para.2] the user wants to use the access element to unlock a motor vehicle. Alternatively, other vehicle functions could be activated. The access element is for example a mobile phone. By an operator indication on the mobile phone, a blocking function or unlocking function of the motor vehicle can be activated. This corresponds to a classic lock or unlock function of a remote key. To activate this function, a corresponding request is transmitted to the communication device of the motor vehicle by the mobile telephone. To prevent locking or unlocking by any user, multi-level authentication is required. For this purpose, the encrypted access data record previously received and stored by the access element from the server device is transmitted to the communication device).
Regarding Claim 23, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein the release list includes one or more of the group consisting of:
a set of attributes of onboard service components;
a set of attributes of external service components;
a set of identification codes of services or service scopes;
a set of attributes of the vehicle;
a set of attributes of an implementation environment of the external service component;
(see at least Ederle [English Translation pg.2 para.4] Wireless transmission of encrypted identification information from a portable access element to a communication device of the motor vehicle, Decrypting the encrypted identification information with a communication device key stored on the communication device by the communication device to provide decrypted identification information, Authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information, Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, - Release and / or release of the vehicle function by the controller after successful authentication of the release device) The encrypted identification information received by the release device is analogous to a set of identification codes of services.
and determining the release information includes a comparison with at least one of the group consisting of:
at least one attribute of the onboard service component;
at least one attribute of the external service component or implementation environment thereof; and
at least one attribute of the vehicle
(see at least Ederle [English Translation pg.5 para.3] The method according to the invention can be used particularly advantageously if an access data record is to allow only one release and / or release of a vehicle function during a specific time interval, for example during a contractually agreed period of use for the motor vehicle. It is therefore advantageous if the communication device is provided with a time signal, wherein the decrypted access data set comprises validity information describing a time validity interval, wherein the access data record is discarded after the access data record has been decrypted if the time signal describes a time outside the validity interval) The authorized time period of access to the vehicle’s services is analogous to at least one attribute of the onboard service component.
Regarding Claim 25, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein at least one record of the release list includes a validity period specification; and determining the release information includes a comparison of the validity period specification of the record with a system time (see at least Ederle [English Translation pg.5 para.3] The method according to the invention can be used particularly advantageously if an access data record is to allow only one release and / or release of a vehicle function during a specific time interval, for example during a contractually agreed period of use for the motor vehicle. It is therefore advantageous if the communication device is provided with a time signal, wherein the decrypted access data set comprises validity information describing a time validity interval, wherein the access data record is discarded after the access data record has been decrypted if the time signal describes a time outside the validity interval
wherein the system time is a system time of at least one of the group consisting of:
the vehicle;
an implementation environment of the external service component
and a system time provided online or by satellite
(see at least Ederle [English Translation pg.5 para.3] In order to secure the method against manipulation in the motor vehicle, it is advantageous if the communication device, a time signal is supplied, which is secured by cryptographic methods, such as AES encryption. Manipulation of the time signal during a transmission between a time source and the communication device can thus be prevented. Advantageously, the communication device performs a plausibility check of the time signal, so that, for example, replay attacks that would lead to a repetition of certain time signals are detected) The time signal supplied by cryptographic methods is analogous to the time of the vehicle.
Regarding Claim 28, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein at least one record of the release list contains at least one test condition (see at least Ederle [English Translation pg.8 para.3] it is checked whether the mutual authentication was successful. If this is not the case, then in step S17 a corresponding message is output to a user by the access element. In the case of a successful authentication, a release function of the release device is activated in step S18
and the method also includes determining whether the at least one test condition is met in the vehicle (see at least Ederle [English Translation pg.8 para.1] the respective other device could likewise determine a hash value of the transmitted random number and encrypt it with its own key and then compare the respective encrypted values in order to verify an authentication).
Regarding Claim 31, Ederle teaches a release module in a vehicle (see at least Ederle [English Translation Abstract] authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information, authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, releasing and / or triggering the vehicle function by the control device after successful authentication of the release device)
configured to:
determine features of a cooperative service provision in a vehicle between an onboard service component and an external service component (see at least Ederle [English Translation Abstract and pg.8 para.7, pg.7 para.2] A method for releasing and / or triggering a vehicle function of a motor vehicle...wirelessly transmitting an encrypted identification information from a portable access element to a communication device of the motor vehicle…an actuation of an operating element of the motor vehicle, for example a start button for starting the engine of the motor vehicle, is detected by the control device of the motor vehicle. Since this operation input is to trigger a vehicle function requiring release by the release device, the control device initiates mutual authentication between the control device and the release device...other vehicle functions could be activated. The access element is for example a mobile phone. By an operator indication on the mobile phone, a locking function or unlocking function of the motor vehicle can be activated. This corresponds to a classic lock or unlock function of a remote key. To activate this function, a corresponding request is transmitted to the communication device of the motor vehicle by the mobile telephone) The starting of the vehicle’s engine is analogous to an onboard service component and the unlocking and locking of the vehicle doors from a mobile device access element is analogous to an external service component
receive or send a request regarding the provision of a service in the vehicle, wherein the request includes at least one of the group consisting of an identification code of an external service component and an identification code of an onboard service component (see at least Ederle [English Translation pg.3 para.3, pg.2 para.4, pg.6 para.1] A vehicle function can be triggered in the method according to the invention by the access element transmitting a corresponding function request to the communication device...Wireless transmission of encrypted identification information from a portable access element to a communication device of the motor vehicle, Decrypting the encrypted identification information with a communication device key stored on the communication device by the communication device to provide decrypted identification information, Authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information...The access record may also include identification information that may be associated with the communication device, the access element, or a user)
receive records of a release list and store the records in a database of the release module (see at least Ederle [English Translation Abstract] authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device)
determine release information for the cooperative service provision using the records of the release list and using respective current features of the cooperative service provision (see at least Ederle [English Translation pg.2 para.5] a multi-level authentication for enabling or triggering vehicle functions, wherein the access element and the communication device cooperate in order to achieve authentication with respect to the release device and the release device in turn is authenticated to the control device)
release at least one onboard interface for one of the group consisting of the onboard service component and for the external service component to provide the service according to the release information (see at least Ederle [English Translation pg.2 para.3, pg.3 para.3] The invention has for its object to provide a method for releasing and / or triggering a vehicle function of a motor vehicle, which allows a contrast improved protection against a release or activation in manipulation of motor vehicle systems and thus against unauthorized use of vehicle functions...vehicle functions can be released, which are triggered by controls of the motor vehicle itself. If, for example, a start button of the motor vehicle is actuated to start an engine of the motor vehicle, the control device can check whether the release device has authenticated to the control device and release the function only in this case)
store the determine release information (see at least Ederle [English Translation Abstract] Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device)
check the release information for validity (see at least Ederle [English Translation pg.2 para.4] Authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information, Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device)
re-determine features of the cooperative service provision and checking whether validity of stored release information with regard to the re-determined features exists (see at least Ederle [English Translation pg.5 para.3-4] The method according to the invention can be used particularly advantageously if an access data record is to allow only one release and / or release of a vehicle function during a specific time interval, for example during a contractually agreed period of use for the motor vehicle. It is therefore advantageous if the communication device is provided with a time signal, wherein the decrypted access data set comprises validity information describing a time validity interval, wherein the access data record is discarded after the access data record has been decrypted if the time signal describes a time outside the validity interval...It is possible that a decryption of the encrypted identification information or an authentication with respect to the release device is performed by the communication device only by the identification information within a predetermined time interval after a decryption of the access record) Further authenticating and releasing a vehicle function based on a specific time interval in addition to the already authenticated Identification Information is analogous to re-determining the features of the service and checking their validity.
Regarding Claim 32, Ederle teaches an isolation module in a vehicle (see at least Ederle [English Translation pg.2 para.1] a release can take place when the corresponding release device is wirelessly authenticated relative to a control device of the motor vehicle) The control device is analogous to an isolation module
wherein the isolation module is connected to the release module as claimed in claim 31 (see above rejection of Claim 31)
and wherein the isolation module is configured to cause at least one control unit of the vehicle to activate or deactivate an interface for at least one of the group consisting of an onboard service component and an external service component by performing at least one of the group consisting of:
allowing or preventing the execution of software of the vehicle or the onboard service component
forwarding or receiving first information on a communication path between the vehicle and the onboard service component;
forwarding or receiving the first information on a communication path between the onboard service component and the external service component;
sending fault codes on the communication path between the vehicle and the onboard service component;
sending fault codes on the communication path between the onboard service component and the external service component (see at least Ederle [English Translation pg.2 para.4, pg.3 para.3] Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, - Release and / or release of the vehicle function by the controller after successful authentication of the release device…the control device can check whether the release device has authenticated to the control device and release the function only in this case) Releasing the authenticated vehicle function is analogous to allowing or preventing the execution of the onboard service component.
Regarding Claim 33, Ederle teaches a vehicle (see at least Ederle [English Translation Abstract] a method for releasing and / or triggering a vehicle function of a motor vehicle)
comprising:
the release module as claimed in claim 31 (see above rejection of Claim 31)
at least one isolation module, wherein the isolation module is configured to cause at least one control unit of the vehicle to activate or deactivate an interface for at least one of the group consisting of an onboard service component and an external service component by performing at least one of the group consisting of:
allowing or preventing the execution of software of the vehicle or the onboard service component,
forwarding or receiving first information on a communication path between the vehicle and the onboard service component,
forwarding or receiving the first information on a communication path between the onboard service component and the external service component,
sending fault codes on the communication path between the vehicle and the onboard service component, and
sending fault codes on the communication path between the onboard service component and the external service component (see at least Ederle [English Translation pg.2 para.4, pg.3 para.3] Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, - Release and / or release of the vehicle function by the controller after successful authentication of the release device…the control device can check whether the release device has authenticated to the control device and release the function only in this case) Releasing the authenticated vehicle function is analogous to allowing or preventing the execution of the onboard service component
the onboard service component (see at least Ederle [English Translation pg.3 para.3] vehicle functions can be released, which are triggered by controls of the motor vehicle itself. If, for example, a start button of the motor vehicle is actuated to start an engine of the motor vehicle, the control device can check whether the release device has authenticated to the control device and release the function only in this case)
the communication module (see at least Ederle [English Translation pg.3 para.2] The communication device may be, for example, a communication device for connection to a mobile radio network, to a Bluetooth gateway or to a communication device that is in accordance with a WLAN standard... In addition to the functions used in the context of the release or the triggering of a vehicle function, the communication device can fulfill further communication functions, for example as part of a Car2X communication or a data exchange with Bluetooth devices)
wherein the vehicle is configured to provide the service (see at least Ederle [English Translation pg.3 para.3] vehicle functions can be released, which are triggered by controls of the motor vehicle itself. If, for example, a start button of the motor vehicle is actuated to start an engine of the motor vehicle, the control device can check whether the release device has authenticated to the control device and release the function only in this case).
Regarding Claim 34, Ederle teaches all limitations of Claim 33 as set forth above. Ederle further teaches wherein the vehicle also comprises at least one of the group consisting of a position determining module and a mechanism for determining a system time provided onboard or outside the vehicle (see at least Ederle [English Translation pg.5 para.3] The method according to the invention can be used particularly advantageously if an access data record is to allow only one release and / or release of a vehicle function during a specific time interval, for example during a contractually agreed period of use for the motor vehicle. It is therefore advantageous if the communication device is provided with a time signal, wherein the decrypted access data set comprises validity information describing a time validity interval, wherein the access data record is discarded after the access data record has been decrypted if the time signal describes a time outside the validity interval...In order to secure the method against manipulation in the motor vehicle, it is advantageous if the communication device, a time signal is supplied, which is secured by cryptographic methods, such as AES encryption. Manipulation of the time signal during a transmission between a time source and the communication device can thus be prevented. Advantageously, the communication device performs a plausibility check of the time signal, so that, for example, replay attacks that would lead to a repetition of certain time signals are detected).
Regarding Claim 35, Ederle teaches a system comprising:
the vehicle as claimed in Claim 33 (see above rejection of Claim 33)
the external service component (see at least Ederle [English Translation pg.3 para.3] A vehicle function can be triggered in the method according to the invention by the access element transmitting a corresponding function request to the communication device….the release device includes functions for locking or unlocking the motor vehicle, which can be triggered after a successful authentication of the access element by the communication device)
the backend server (see at least Ederle [English Translation pg.4 para.4] an encrypted access data record can be transmitted to the access element by a server device)
a mobile terminal device (see at least Ederle [English Translation pg.7 para.2] the user wants to use the access element to unlock a motor vehicle. Alternatively, other vehicle functions could be activated. The access element is for example a mobile phone. By an operator indication on the mobile phone, a blocking function or unlocking function of the motor vehicle can be activated)
configured to perform at least one of the group consisting of:
transferring features of the cooperative service provision of the vehicle to the backend server;
retrieving records of the release list from the backend server; and
retrieving release information from the backend server and transfer it to the release module (see at least Ederle [English Translation pg.4 para.4-5] the access record includes information about a time interval during which the access record is to enable or enable the vehicle function, then this is due to encryption in the access record both during transmission from the server device to the access element...The decrypted access record thus only exists after the access record has been transmitted from the server device to the access element) the access device (a mobile terminal device) receiving the access record from the server device is analogous to retrieving records of the release list from a backend server.
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.
Claims 17-19, 21, 24, 26-27, and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Ederle et al (DE 102014017618 A1) in view of Russell et al (CN 112236976 A). Hereafter referred to as Ederle and Russell respectively.
Regarding Claim 17, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein determining the release information is carried out by the release module and the method further comprises:
determining features of the cooperative service provision (see at least Ederle [English Translation pg.2 para.5] it is proposed to use a multi-level authentication for enabling or triggering vehicle functions, wherein the access element and the communication device cooperate in order to achieve authentication with respect to the release device and the release device in turn is authenticated to the control device)
receiving from the backend server records of the release list determined using the features (see at least Ederle [English Translation pg.4 para.5] The decrypted access record thus only exists after the access record has been transmitted from the server device to the access element and from the access element to the communication device, that is, to a vehicle-side device. The continuous encrypted transmission of the access data record from the server device to the communication device ensures that the information contained in the access data record is secured against spying as well as against manipulation. For this purpose, the access record is encrypted after its generation by the server device and decrypted after its transmission by the communication device)
transferring the records to a database of the release module (see at least Ederle [English Translation pg.2 para.7] the release device and the control device taken separately sufficiently protected against manipulation, for example by a physical encapsulation of the release information or the communication device key storing elements or an encrypted storage of the release information or the communication device key)
wherein determining the release information by the release module is further carried out by using the records and by using the features of the cooperative service provision (see at least Ederle [English Translation pg.2 para.4] Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, - Release and / or release of the vehicle function by the controller after successful authentication of the release device).
However, Ederle does not explicitly teach transferring the features to a backend server using a mobile terminal device, using a communication module of the vehicle, or using the mobile terminal device and the communication module of the vehicle, wherein the release list is stored on the backend server.
Russell, in the same field as the endeavor, teaches transferring the features to a backend server using a mobile terminal device, using a communication module of the vehicle, or using the mobile terminal device and the communication module of the vehicle, wherein the release list is stored on the backend server (see at least Russell [English Translation pg.7 para.14, pg.13 para.6] the V2X endpoint 200 sends a message to one or more OCSP servers (also referred to as the OCSP response program), and the server is associated with the CA of a certificate associated with one or more V2X services intended for use by the V2X endpoint 200...If the server 200 receives the first identity in the message 1, then one or more V2X indications may be stored in association with the first identity of the V2X endpoint 200 by the server 502).
Therefore, 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 the system set forth in Ederle to contain a system for transferring the features to a backend server using a mobile terminal device, using a communication module of the vehicle, or using the mobile terminal device and the communication module of the vehicle, wherein the release list is stored on the backend server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of transferring important vehicle data to the server, a widely understood practice in the art.
Regarding Claim 18, Ederle teaches all limitations of Claim 16 as set forth above. Ederle further teaches wherein determining the release information is carried out by a backend server and the method further includes:
transferring the release information from the backend server to the vehicle (See at least Ederle [English Translation pg.6 para.3, pg.9 para.4] Features which are explained for the method according to the invention can be equivalently transferred to the motor vehicle according to the invention with the advantages described there...whereupon this a request for unlocking the door lock 16 and the encrypted access record previously obtained from the server device 6 was received, to the motor vehicle 10 transfers. The transmitted data is transmitted through the roof antenna 11 of the motor vehicle and to the communication device 12 provided)
transferring the release information to the release module (see at least Ederle [English Translation pg.4 para.4] an encrypted access data record can be transmitted to the access element by a server device, wherein a decrypted access data record provided by a decryption of the encrypted access data record comprises a double-encrypted identification information from which the encrypted identification information is obtained by a decryption. The server device may be operated by a carsharing service, a car rental or the like).
However, Ederle does not explicitly teach wherein determining the release information is carried out by a backend server and the method further includes:
determining features of the cooperative service provision;
transferring the features to the backend server, wherein the release list is stored on the backend server;
using the backend server to determine the release information using the features of the cooperative service provision.
Russell, in the same field as the endeavor, teaches wherein determining the release information is carried out by a backend server and the method further includes:
determining features of the cooperative service provision (see at least Russell [English Translation pg.6 para.7] the V2X function entity 110 determines (at 208) which or which V2X service is permitted or disabled. For each element in which the received V2X data has been determined (at 206) is invalid, the V2X function entity 110 considers that the corresponding V2X service is disabled/disabled for the V2X endpoint)
transferring the features to the backend server, wherein the release list is stored on the backend server (see at least Russell [English Translation pg.6 para.14, pg.13 para.6] the V2X endpoint 200 sends a message to one or more OCSP servers (also referred to as the OCSP response program), and the server is associated with the CA of a certificate associated with one or more V2X services intended for use by the V2X endpoint 200...If the server 200 receives the first identity in the message 1, then one or more V2X indications may be stored in association with the first identity of the V2X endpoint 200 by the server 502)
using the backend server to determine the release information using the features of the cooperative service provision (see at least Russell [English Translation pg.8 para.1, pg.5 para.2] The token identifies the V2X service that the V2X endpoint has been authorized to use or has subscribed to. The V2X service may be identified separately in the list (0 to many), and a set of credentials may also be used to define the V2X service. The V2X function entity 110 may use the token information to determine whether the V2X service is authorized....The functional entity may include any one or more of the following combinations: authorization server (such as identity verification, authorization and accounting (AAA) server, data network (DN) -AAA server and so on), remote identity authentication dial-in user service (RADIUS) server, diameter server and so on), extensible identity authentication protocol (EAP) server, network node; V2X endpoint and so on).
Therefore, 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 the system set forth in Ederle to contain a system for determining features of the cooperative service provision, transferring the features to the backend server, wherein the release list is stored on the backend server, and using the backend server to determine the release information using the features of the cooperative service provision with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using servers for storage and processing vehicle data, a widely understood practice in the art.
Regarding Claim 19, Ederle in view of Russell teaches all limitations of Claim 18 as set forth above. Ederle further teaches evaluating a validity of the release information at the release module using the features of the cooperative service provision (see at least Ederle [English Translation pg.2 para.4] Authenticating the communication device with respect to a motor vehicle-side release device with the decrypted identification information, Authenticating the release device with respect to a vehicle-side control device with a release information stored on the release device after successful authentication of the communication device, - Release and / or release of the vehicle function by the controller after successful authentication of the release device).
Regarding Claim 21, Ederle teaches all limitations of Claim 20 as set forth above. However, Ederle does not explicitly teach wherein releasing the at least one interface according to the release information includes activating an onboard electrical system interface, network port, or a network connection in the vehicle.
Russell, in the same field as the endeavor, teaches wherein releasing the at least one interface according to the release information includes activating an onboard electrical system interface, network port, or a network connection in the vehicle (see at least Russell [English Translation pg.8 para.8, pg.5 para.4] If the V2X data contains one or more tokens, the V2X function entity 110 determines which V2X services and/or prohibits which V2X services to be permitted by checking the content of the received tokens…."V2X services" may refer to any service related to traffic tools or V2X communications, such as services related to vehicle safety, parking services, map services, services to communicate emergency messages, and the like ...and one or more indications to allow connection or disconnection of one or more data connections (e.g., PDN connections) between the V2X endpoint and the wireless network).
Therefore, 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 the system set forth in Ederle to contain a system for wherein releasing the at least one interface according to the release information includes activating an onboard electrical system interface, network port, or a network connection in the vehicle with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the system by allowing the release of services that require a network connection.
Regarding Claim 24, Ederle teaches all limitations of Claim 23 as set forth above. However, Ederle does not explicitly teach wherein the release list includes the set of attributes of the vehicle, and wherein the set of attributes of the vehicle comprises at least one of the group consisting of:
vehicle identification;
hardware and software components;
vehicle equipment;
country of vehicle registration;
country of vehicle user;
geographic location of the vehicle.
Russell, in the same field as the endeavor teaches wherein the release list includes the set of attributes of the vehicle, and wherein the set of attributes of the vehicle comprises at least one of the group consisting of:
vehicle identification;
hardware and software components;
vehicle equipment;
country of vehicle registration;
country of vehicle user;
geographic location of the vehicle
(see at least Russell [English Translation pg.9 para.2-5, pg.13 para.2] the V2X endpoint 200 sends (at 306) a message 1 including the V2X data to a first network node such as the MME 302. The V2X data may be included as part of a protocol configuration option (PCO) information element….The PCO provides a request and response mechanism that allows the UE (e.g., the V2X endpoint 200) to send an indicator to the network to indicate to the network the information sought by the UE....the PCO information element in the registration message (such as attachment message, registration message), position update or report (e.g., location update (LA), routing area update (RAU), tracking area update (TAU) and so on), authentication message (e.g., EAP message) and so on. The foregoing message is an example of a mobility management message providing a status (e.g., an initial status, a periodic status, or a location change status) to a network...and the position of the V2X end point. The position may include any one or more combinations of the following items: Global Positioning System (GPS) coordinates, cell identifiers of cells of the cellular network, location area identifiers, routing area identifiers, tracking area identifiers, Public Land Mobile Station Network (PLMN) identifiers, route points, addresses, and the like) The provided GPS position that is used as a authenticating and release condition is analogous to a geographic location of the vehicle .
Therefore, 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 the system set forth in Ederle to contain a system for wherein the release list includes the set of attributes of the vehicle, and wherein the set of attributes of the vehicle comprises at least one of the group consisting of: vehicle identification; hardware and software components; vehicle equipment; country of vehicle registration; country of vehicle user; or a geographic location of the vehicle with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the release functionality of the system by including geographic information for a vehicle, as a certain service may only be accessible in certain locations as discussed in Russell (see at least Russell [English Translation pg.15 para.6] The location identifies all or part of the V2X service that is permitted to use).
Regarding Claim 26, Ederle teaches all limitations of Claim 16 as set forth above. However, Ederle does not explicitly teach wherein at least one record of the release list includes a geographic area statement and determining the release information includes a comparison of the geographic area statement of the record with a geographic location of at least one of the group consisting of the vehicle and an implementation environment of the external service component.
Russell, in the same field as the endeavor, teaches wherein at least one record of the release list includes a geographic area statement and determining the release information includes a comparison of the geographic area statement of the record with a geographic location of at least one of the group consisting of the vehicle and an implementation environment of the external service component (see at least Russell [English Translation pg.9 para.2-5, pg.13 para.2, pg.15 para.6] the V2X endpoint 200 sends (at 306) a message 1 including the V2X data to a first network node such as the MME 302. The V2X data may be included as part of a protocol configuration option (PCO) information element….The PCO provides a request and response mechanism that allows the UE (e.g., the V2X endpoint 200) to send an indicator to the network to indicate to the network the information sought by the UE....the PCO information element in the registration message (such as attachment message, registration message), position update or report (e.g., location update (LA), routing area update (RAU), tracking area update (TAU) and so on), authentication message (e.g., EAP message) and so on. The foregoing message is an example of a mobility management message providing a status (e.g., an initial status, a periodic status, or a location change status) to a network...and the position of the V2X end point. The position may include any one or more combinations of the following items: Global Positioning System (GPS) coordinates, cell identifiers of cells of the cellular network, location area identifiers, routing area identifiers, tracking area identifiers, Public Land Mobile Station Network (PLMN) identifiers, route points, addresses, and the like… The location identifies all or part of the V2X service that is permitted to use).
Therefore, 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 the system set forth in Ederle to contain a system for wherein at least one record of the release list includes a geographic area statement and determining the release information includes a comparison of the geographic area statement of the record with a geographic location of at least one of the group consisting of the vehicle and an implementation environment of the external service component with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the release functionality of the system by including geographic information for a vehicle, as a certain service may only be accessible in certain locations as discussed in Russell (see at least Russell [English Translation pg.15 para.6] The location identifies all or part of the V2X service that is permitted to use).
Regarding Claim 27, Ederle teaches all limitations of Claim 16 as set forth above. However, Ederle does not explicitly teach wherein at least one record of the release list or the release information is digitally signed and the method further comprises: verifying at least a digital signature of a record or a digital signature of the release information by the release module.
Russell, in the same field as the endeavor, teaches wherein at least one record of the release list or the release information is digitally signed (see at least Russell [English Translation pg.3 para.7] the certificate may include information about the key, information about the identity of the key owner, and a digital signature of the entity that has been verified for the certificate content)
and the method further comprises:
verifying at least a digital signature of a record or a digital signature of the release information by the release module (see at least Russell [English Translation pg.4 para.4] The CRL or CRL group is provided to the V2X endpoint device. once pre-configured CRL or CRL group, V2X terminal device can receive the V2X related message from another V2X terminal device (using the corresponding certificate for digital signature) inquiring certificate revocation list, to determine whether the other V2X terminal device/sending the V2X terminal device is trusted).
Therefore, 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 the system set forth in Ederle to contain a system for wherein at least one record of the release list or the release information is digitally signed and the method further comprises: verifying at least a digital signature of a record or a digital signature of the release information by the release module with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using an authorization method that is widely used in the art to determine if a user and device are trusted as discussed in Russell.
Regarding Claim 29, Ederle teaches all limitations of Claim 28 as set forth above. However, Ederle does not explicitly teach wherein the at least one test condition comprises at least one of the group consisting of: an absence of a fault code in the vehicle and a validity of a digital signature of a software module of the vehicle.
Russell, in the same field as the endeavor, teaches wherein the at least one test condition comprises at least one of the group consisting of:
an absence of a fault code in the vehicle
and a validity of a digital signature of a software module of the vehicle
(see at least Russell [English Translation pg.3 para.7, pg.4 para.4] the certificate may include information about the key, information about the identity of the key owner, and a digital signature of the entity that has been verified for the certificate content….The CRL or CRL group is provided to the V2X endpoint device. once pre-configured CRL or CRL group, V2X terminal device can receive the V2X related message from another V2X terminal device (using the corresponding certificate for digital signature) inquiring certificate revocation list, to determine whether the other V2X terminal device/sending the V2X terminal device is trusted).
Therefore, 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 the system set forth in Ederle to contain a system for wherein the at least one test condition comprises at least one of the group consisting of: an absence of a fault code in the vehicle and a validity of a digital signature of a software module of the vehicle with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using an authorization method that is widely used in the art to determine if a user and device are trusted as discussed in Russell.
Regarding Claim 30, Ederle teaches all limitations of Claim 16 as set forth above. However, Ederle does not explicitly teach a non-transitory computer-readable storage medium containing instructions that cause at least one processor to implement a method when the instructions are executed by the at least one processor.
Russell, in the same field as the endeavor, teaches a non-transitory computer-readable storage medium containing instructions that cause at least one processor to implement a method when the instructions are executed by the at least one processor (see at least Russell [English Translation Abstract and pg.18 para.4] the vehicle to the universal (V2X) endpoint receives the V2X service control information, the V2X service control information indicates whether to allow the V2X endpoint using one or more V2X service. when attempting to access V2X service or a group of V2X service, the V2X endpoint sends the V2X service control information to the network, the V2X endpoint in response to the sending of the V2X service control information receives the V2X authorization information related to one or more V2X services from the network....The system or device 800 includes a non-transitory machine readable or computer readable storage medium 804, the storage medium 804 stored on the processor 802 operable to perform machine readable instructions of various tasks. The machine readable instructions executable on the processor may refer to instructions that are operable on a single processor or instructions that are operable on a plurality of processors).
Therefore, 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 the system set forth in Ederle to contain a non-transitory computer-readable storage medium containing instructions that cause at least one processor to implement a method when the instructions are executed by the at least one processor with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the system by implementing a method implementation method widely used in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A YANOSKA whose telephone number is (703)756-5891. The examiner can normally be reached M-F 9:00am to 5:00pm (Pacific Time).
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/JOSEPH ANDERSON YANOSKA/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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