DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Prosecutorial Standing
2. This communication is in response to the Application filed on 09.17.2024. Claim 1 is currently pending in this application. Claim 1 will be subject to further examination and evaluation in due course, and will be presented for examination, as detailed below.
Oath/Declaration
3. The Applicants’ oath/declaration has been reviewed by the Examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Information Disclosure Statement
4. As required by M.P.E.P. 609(C), the Applicant’s submission of the Information Disclosure Statement (IDS) dated 04.01.2025 is acknowledged by the Examiner. The cited references have been considered in the examination of the claims. As required by M.P.E.P 609 C (2), a copy of the PTOL-1449 initialed, signed and dated by the Examiner is attached to the instant Office action.
Priority / Filing Date
5. Applicant’s claim for priority of PRO 61/897,426 filed on 10.30.2013 is acknowledged. The Examiner takes the PRO date of 10.30.2013 into consideration.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,528,872. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same invention.
The mapping of claim 1 of the immediate application to claim 1 of the patent follows:
Current Application Number
US Patent Number
9,528,872
Claim 1: A system for confirming a fuel event, the system comprising: a vehicle; at least one fuel tank mounted on the vehicle, the at least one fuel tank being configured for storing fuel; at least one sensor mounted within the at least one fuel tank and configured for periodically measuring the volume of fuel in the at least one fuel tank, and, when the periodically measured amount of fuel indicates that there is a change in fuel volume which exceeds a predetermined threshold indicating a fuel event, for generating fuel log data signals comprising fuel log data, the fuel log data including the measured amount of change in fuel volume, date, and time of change in fuel volume; a data communication network; a transceiver coupled to the data communication network and mounted to the vehicle and coupled to the at least one sensor for receiving the fuel log data signals, the transceiver being configured for transmitting in substantially real time the fuel log data signals to the data communication network; a fueling station configured for generating fuel dispensed data signals indicative of a quantity of fuel dispensed into the at least one fuel tank at an indicated date and time; a computer connected to the data communication network, the computer being configured for receiving and storing the fuel dispensed data signals; a server coupled to the data communication network, the server being configured for receiving from the data communication network the fuel log data signals and the fuel dispensed data signals, the server being further configured for determining, based on a comparison of the fuel dispensed data with the fuel log data, whether or not the fuel dispensed data confirms the fuel event indicated by the fuel log data, and for generating an alert if it is determined that the fuel dispensed data does not confirm the fuel event indicated by the fuel log data.
Claim 1. A system for confirming a fuel event, the system comprising: a vehicle; at least one fuel tank mounted on the vehicle, the at least one fuel tank being configured for storing fuel; at least one sensor mounted within the at least one fuel tank and configured for periodically measuring the quantity of fuel in the at least one fuel tank, and, when the periodically measured quantity of fuel indicates that there is a change in fuel volume which exceeds a predetermined threshold indicating a fuel event, for generating fuel log data signals comprising fuel log data, the fuel log data including the quantity of change in fuel volume, date, and time of change in fuel volume; a transceiver mounted to the vehicle and coupled to the at least one sensor for receiving the fuel log data signals and for transmitting in substantially real time the fuel log data signals to a data communication network; and a server coupled to the data communication network, the server being configured for receiving from the data communication network the fuel log data signals, and for receiving from the data communication network fuel purchase data signals containing fuel purchase data generated by a fueling station, stored on a computer coupled to the data communication network, and indicative of a quantity of fuel dispensed at an indicated date and time, the server being further configured for determining, based on a comparison of the fuel purchase data with the fuel log data, whether or not the fuel purchase data confirms the fuel event indicated by the fuel log data, and for generating an alert if it is determined that the fuel purchase data does not confirm the fuel event indicated by the fuel log data.
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Adams, Pub. No.: US 2012/0296549 in view of Official Notice.
As per claim 1, Adams disclose a system for confirming a fuel event, the system comprising: a vehicle [see at least ¶0001 (e.g., fuel consumption of a vehicle)];
at least one fuel tank mounted on the vehicle, the at least one fuel tank being configured for storing fuel [as illsuatted in FIG. 2, presented below (e.g., block 210)];
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at least one sensor mounted within the at least one fuel tank and configured for periodically measuring the volume of fuel in the at least one fuel tank [see at least ¶0120 (e.g., additional hardware in the form of axle weight sensors), and via fuel management system 100, ¶0032 (e.g., measuring and reporting total potential fuel losses including the fuel theft, the fuel overfill and the fraudulent fuel transaction over the period of time T)] and, when the periodically measured amount of fuel indicates that there is a change in fuel volume which exceeds a predetermined threshold indicating a fuel event, for generating fuel log data signals comprising fuel log data, the fuel log data including the measured amount of change in fuel volume, date, and time of change in fuel volume [see at least the abstract (e.g., generate reports comprising analysis relating to fuel consumption, fuel fraud, CO2 emission, driver behavior, and journey breakdown); ¶0017 (e.g., first module 102 is configured to receive a plurality of fuel transaction data points. The fuel transaction data points can comprise one or more of the fueling station location, the fueling station number, date of transaction, time of transaction, fuel product type transacted, fuel quantity (L) transacted and used fuel card's information); claim 5 (e.g., generate a fuel fraud alert if an anomaly is determined or else log the fuel transaction process as a refueling event); and also ¶0026 (e.g., vehicle parameters are received periodically from the vehicles 114 at step 202), and also illustrated in Fig. 2 above (e.g., block 202)];
a data communication network [see at least ¶0021 (e.g., fueling stations 112 and the vehicles 114 are configured to communicate data to the fuel management system 100 by using one or more available network connections), and also illustrated in FIG. 1, and shown below];
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a transceiver coupled to the data communication network and mounted to the vehicle and coupled to the at least one sensor for receiving the fuel log data signals, the transceiver being configured for transmitting in substantially real time the fuel log data signals to the data communication network [see at least ¶0023 (e.g., the third module 108 is configured to receive the data from the first module 104. The first module transmits the fuel transaction data points received from the fueling station 112. Further, the third module also received the data for the vehicle parameters from the second module 106. Thereafter, the third module 108 is configured to process the received data, based on a set of rules. The data is processed in combination with the set of information associated with each vehicle. Thereafter, the third module 108 generates one or more reports 116. The one or more reports 116 comprise analysis on one or more of fuel consumption, fuel fraud, CO2 emission, driver behavior, payload and journey breakdown)];
a fueling station configured for generating fuel dispensed data signals indicative of a quantity of fuel dispensed into the at least one fuel tank at an indicated date and time [see at least ¶0007 (e.g., the fuels management system includes a first module of the centralized processor, the first module configured to receive a plurality of fuel transaction data points from one or more fueling stations)];
a computer connected to the data communication network, the computer being configured for receiving and storing the fuel dispensed data signals [see at least ¶0016 (e.g., examples of the centralized processor include but are not limited to microprocessors, microcontrollers, computers and application specific integrated circuits (ASICs))];
a server coupled to the data communication network, the server being configured for receiving from the data communication network the fuel log data signals and the fuel dispensed data signals [see at least ¶0143 (e.g., Fuel level is monitored through a stabilization algorithm which damps the fuel level signal and reports any new level when there are 3 successive level readings over a defined time interval within a defined tolerance)], the server being further configured for determining, based on a comparison of the fuel dispensed data with the fuel log data, whether or not the fuel dispensed data confirms the fuel event indicated by the fuel log data [see at least ¶0004 (e.g., Fuel consumption of an individual vehicle or a group of vehicles can be compared with a larger group of vehicles, or the fleet, to determine vehicles that correspond to a metric of the fleet. Fleet managers can use this information to modify the use conditions of individual vehicles to provide fuel savings for the fleet), and ¶0027 (e.g., if the fuel transaction corresponds to the vehicle with the change in the tank fuel level then the tank fuel level change is compared to the fuel transaction quantity at step 220)], and for generating an alert if it is determined that the fuel dispensed data does not confirm the fuel event indicated by the fuel log data [claim 5 (e.g., if there is an anomaly between the fuel quantity transacted and the fuel tank level change in the vehicles and generate a fuel fraud alert if an anomaly is determined or else log the fuel transaction process as a refueling event)].
Adams discloses all elements per claimed invention as explained above. Adams does not explicitly recite the terms “transceiver or server”. However, Official Notice is taken that, prior to the effecting date, it is well known in the method for identifying a fuel loss event and fleet management to equip vehicles with wireless communication devices (e.g., cellular, RF, or telematics modules) capable of transmitting and receiving data, i.e., transceivers; and use remote computers or centralized systems connected via a data communication network to receive, store, and process vehicle data, i.e., servers. Under the broadest reasonable interpretation, a remote computer system configured to receive, store, and analyze data over a network corresponds to the claimed server, and a vehicle mounted communication module configured to transmit data correspond to the claimed transceiver.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate the fuel even verification of Adams using a vehicle-mounted transceiver and a network-connected server in order to centralize fuel event verification (abstract), compare vehicle detected fuel level changes with fueling station transaction data from multiple sources (¶0027), improve detection of fuel fraud, theft, or erroneous transaction (¶0006), and enable automated alerting and reporting (¶0144).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The PTO-1449 forms have been reviewed and considered.
US 2006/0111851, Potgieter: discloses a fuel theft detection system (50) for detecting when fuel has been stolen from a vehicle's fuel tank.
US 2008/0319605, Davis: discloses a fuel monitoring device for use with a motor vehicle.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Garcia Ade whose telephone number is (571)272-5586. The examiner can normally be reached on Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached on 517-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Garcia Ade/Primary Examiner, Art Unit 3627
GARCIA ADE
Primary Examiner
Art Unit 3687