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 .
Status of Claims
2. This office action is in response to Amendments and Remarks filed on 03/02/2026 for application number 18/892,676 filed on 09/23/2024, in which claims 1-10 were previously presented for examination.
3. Claim(s) 1-2, 4-5, and 8 has/have been amended. Accordingly, claim(s) 1-10 is/are currently pending.
Priority
4. Acknowledgment is made of Applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-175139, filed on 10/10/2023.
Examiner Notes
5. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123.
Response to Arguments
6. Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
Rejections under35 U.S.C. §102(a)(1)
7. Applicant argues the amended claim(s) 8 is/are allowable over Nordbruch (US-20170212510-A1). Nordbruch fails to disclose the features regarding “transmitting a first element of a target action from a management system to the target vehicle via a first communication path; transmitting a second element of the target action from the management system to the target vehicle via a second communication path different from the first communication path; causing the target vehicle to perform the target action including the first element and the second element; in the management system, determining whether the vehicle performs the target action including the first element and the second element; and upon determination that the vehicle performs the target action including the first element and the second element, as the target vehicle”.
8. Indeed, Nordbruch does not explicitly teach the newly amended feature(s) of “transmitting a second element of the target action from the management system to the target vehicle via a second communication path different from the first communication path.” As such, this amendment has necessitated additional reference Kikuchi et al. (US-20240061671-A1) which teaches, in brief, the in-vehicle communication device 22 uses different communication paths depending on the type of data received. Specifically, in the case of receiving update data from the software updating device 1, the in-vehicle communication device 22 receives the update data via a first communication path for providing software. Further, when receiving other data besides update data, the in-vehicle communication device 22 receives this data other than update data via a second communication path for providing data other than software update data (See at least Fig. 1, [0039]). Examiner notes, as mentioned above, Kikuchi teaches using 2 different communication paths. By combining the teaching of Nordbruch and Kikuchi, the first communication path is used for transmitting the first element of the target action and the second communication path is used for transmitting the second element of the target action. Applicant is referred to the Claim Rejections - 35 USC § 103 section for the new ground of rejection of claim 8.
9. As such, Nordbruch, in view of Kikuchi, teaches each and every limitation of these claims and this argument is moot.
Rejections under §35 U.S.C. 103
Independent claim 1
10. Applicant argues the amended claim(s) 1 is/are allowable over Nordbruch (US-20170212510-A1) in view of Nölscher et al. (US-20200029209-A1). Applicant asserts, Nordbruch in view of Nolscher fails to teach or reasonably suggest the features regarding “management system, generating information indication a first action to be performed by the target vehicle; in the management system, generating information indicating a second action to be performed by the target vehicle, different from the first action, based on the information indicating the first action using a first key; transmitting the information indicating the second action from the management system to the target vehicle; in the target vehicle, determining the information indicating the first action based on the information indicating the second action using a second key associated with the first key; causing the target vehicle to perform the first action; in the management system, determining whether the vehicle performs the first action; and upon determination that the vehicle performs the first action, identifying the vehicle performing the first action as the target vehicle”. Applicant continues, Nordbruch fails to disclose that the encrypted action is a different action than the unencrypted action. Rather, Nordbruch merely discloses that the communication via the wireless communication network is encrypted. Nordbruch fails to disclose that the unencrypted signal causes a vehicle to perform a first action, and that the encrypted signal causes the vehicle to perform a section action, different from the first action. Therefore, Applicant respectfully submits that Nordbruch fails to teach the features of amended independent claim 1. Nolscher fails to cure the deficiencies of Nordbruch.
11. Indeed, these references do not teach the newly amended feature(s) mentioned above. As such, this amendment has necessitated additional reference Non-patent Literature Wikipedia (“Substitution cipher”) which teaches, in brief, in cryptography, a substitution cipher is a method of encrypting in which units of plaintext are replaced with the ciphertext, in a defined manner, with the help of a key; the “units” may be single letters (the most common), pairs of letters, triplets of letters, mixtures of the above, and so forth. The receiver deciphers the text by performing the inverse substitution process to extract the original message. Examiner notes, by assigning a letter to each action, and by using the substitution cipher method and a key, each letter, which represents an action, is converted to another letter, which represents another action different from the original action. That is, the encrypted action is a different action than the unencrypted action where the unencrypted signal causes a vehicle to perform a first action, and the encrypted signal causes the vehicle to perform a second action, different from the first action. Applicant is referred to the Claim Rejections - 35 USC § 103 section for the new ground of rejection of claim 1.
12. As such, Nordbruch, in view of Non-patent Literature Wikipedia, teaches each and every limitation of these claims and this argument is moot.
Independent claim 5
13. Applicant argues the amended claim(s) 5 is/are allowable over Nordbruch (US-20170212510-A1) in view of Fawaz et al. (US-20190143996-A1). Applicant continues, Nordbruch in view of Fawaz fails to teach or reasonably suggest the features regarding “in the management system, determining whether the vehicle performs the first action and whether the vehicle performs the second action; in the management system, upon determination that the vehicle performs the first action without performing the second action, identifying the vehicle as the target vehicle; and in the management system, upon determination that the vehicle performs both the first action and second action, not identifying the vehicle as the target vehicle”. Applicant continues, Nordbruch fails to disclose determining whether a vehicle performs only one of or a plurality of the several predetermined actions. Rather, Nordbruch merely discloses determining whether a vehicle performs one particular predetermined action included in a transmission request.
14. However, it appears Applicant is analyzing the cited references in isolation while ignoring the combination of the references. Nordbruch discloses provision is made for communication of several predetermined actions (Nordbruch, see at least [0083]) which means when a plurality of actions are sent to the vehicle, the vehicle will be monitored for performing a plurality of actions. As Applicant has correctly pointed out, Fawaz teaches “that a vehicle function request can include a plurality of requested vehicle functions. Fawaz, Para. [0080]. If a particular vehicle function among the plurality of requested vehicle functions is not permitted, then the vehicle may choose to not carry out the function that is not permitted. Id. Thus, in Fawaz, a situation may occur in which two vehicle functions are requested and a vehicle only performs one of the functions. However, Fawaz fails to teach a situation in which both vehicle functions are performed, and not identifying the vehicle as the target vehicle in that situation.” Accordingly, by sending an action that the target vehicle is capable of performing, along with another action that the target vehicle is not capable as performing, the target vehicle is easily identified as the vehicle that only performs the action that the vehicle is permitted to carry out. That means, a vehicle that performs all the actions, is not the target vehicle. Applicant is referred to the Claim Rejections - 35 USC § 103 section for the new ground of rejection of claim 5.
15. As such, Nordbruch, in view of Fawaz, teaches each and every limitation of these claims and this argument is unpersuasive.
16. Applicant argues dependent claim(s) is/are patentable by the virtue of their dependency on one of the independent claims and the additional features recited in the dependent claims.
17. This argument is unpersuasive as each independent claim and dependent claim has been fully rejected and for the reasons given above.
Claim Rejections - 35 USC § 112
18. 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.
19. Claims 1-4, and 8-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
20. Claim 1 recites the limitation “the vehicle” in lines 14, 15, and 16. There is insufficient antecedent basis for this limitation in the claim. For the purpose of prior art rejection, “the vehicle” in line 14 was interpreted as “a vehicle”.
21. Claim 2-4 are rejected based on their dependency on claim 1.
22. Claim 8 recites the limitation “the vehicle” in lines 12, 15, and 16. There is insufficient antecedent basis for this limitation in the claim. For the purpose of prior art rejection, “the vehicle” in line 12 was interpreted as “a vehicle”.
23. Claim 9 recites the limitation “the plurality of elements” in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of prior art rejection, the limitation was interpreted as “the first element and the second element”.
24. Claim 10 recites the limitation “the plurality of elements” in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of prior art rejection, the limitation was interpreted as “the first element and the second element”.
Claim Objections
25. Claim 1 objected to because of the following informalities:
“generating information indication a first action” should read “generating information indicating a first action” in line 3 of the claim.
26. Appropriate correction is required.
Claim Rejections - 35 USC § 103
27. 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.
28. Claim(s) 1 and 4
is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordbruch (US-20170212510-A1) in view of Non-patent Literature Wikipedia (“Substitution cipher”).
In regard to claim 1
, Nordbruch discloses a vehicle identification method for identifying a target vehicle including (Nordbruch, in at least [0044 & 0049], discloses a method for localizing a motor vehicle which is localization of the predetermined motor vehicle within a digital map of the parking lot. Examiner notes, localization of a motor vehicle is identifying a target vehicle):
in a management system, generating information indication a first action to be performed by the target vehicle (Nordbruch, in at least Figs. 2-3, and [0024 & 0058-0060 & 0076], discloses an apparatus 201 [i.e., the management system] for localizing a motor vehicle. Provision is made to transmit, via a wireless communication network configured within parking lot 301, a request that is meant for motor vehicle 309. The request [i.e., generating information indication a first action] encompasses the fact that motor vehicle 309 is to carry out a predetermined action [i.e., a first action to be performed by the target vehicle]. Examiner notes, the request is the information indication a first action to be performed by the target vehicle);
in the management system, generating information (Nordbruch, in at least Figs. 2-3, and [0024 & 0058-0060 & 0076], discloses an apparatus 201 [i.e., the management system] for localizing a motor vehicle. Provision is made to transmit, via a wireless communication network configured within parking lot 301, a request that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. A communication via the wireless communication network respectively becomes or is encrypted. Examiner notes, for a request to be transmitted, the request must be necessarily generated which is generating information);
transmitting the information indicating the (Nordbruch, in at least Fig. 3, and [0076], discloses provision is made to transmit, via a wireless communication network configured within parking lot 301, a request [i.e., transmitting the information indicating the second action] that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action);
in the target vehicle, determining the information (Nordbruch, in at least Fig. 3, and [0024 & 0078], discloses motor vehicle 309 [i.e., the target vehicle] knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action in response to reception of the request. A communication via the wireless communication network respectively becomes or is encrypted. Examiner notes, for an encrypted request to be carried out by a vehicle, the request must be decrypted. That is, in the target vehicle, restoring the information indicating the first action from the information indicating the second action);
causing the target vehicle to perform the first action (Nordbruch, in at least Fig. 3, and [0078], discloses motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action [i.e., causing the target vehicle to perform the first action] in response to reception of the request);
in the management system, determining whether the vehicle performs the first action (Nordbruch, in at least Fig. 3, and [0078-0079], discloses parking lot 301 is monitored by way of a surroundings sensor [i.e., in the management system, determining whether the vehicle performs the first action a sensor] suite encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action [i.e., performs the first action]); and
upon determination that the vehicle performs the first action, identifying the vehicle performing the first action as the target vehicle (Nordbruch, in at least Fig. 3, [0077-0081], discloses the request can also be received by motor vehicle 307. But because this request is not meant for motor vehicle 307, the latter will not carry out that predetermined action. Motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action in response to reception of the request [i.e., upon determination that the vehicle performs the first action, identifying the vehicle performing the first action as the target vehicle]. The predetermined action encompasses illumination of a headlight. This means that motor vehicle 309 is requested to operate a headlight in such a way that the latter lights up. This action in particular can very easily be identified by way of one or more cameras of a parking lot monitoring infrastructure. In other words, a check is made as to whether the headlight belongs to the motor vehicle that a parking lot management system presumes is the AVP motor vehicle. Examiner notes, the vehicle is identified by being monitored for performing the first actions).
While Nordbruch discloses a communication via the wireless communication network respectively becomes or is encrypted ([0024]), Nordbruch is silent on generating information indicating a second action to be performed by the target vehicle, different from the first action, based on the information indicating the first action using a first key;
determining the information indicating the first action based on the information indicating the second action using a second key associated with the first key;
However, Non-patent Literature Wikipedia teaches generating information indicating a second action to be performed by the target vehicle, different from the first action, based on the information indicating the first action using a first key (Non-patent Literature Wikipedia, in at least p. 1, teaches in cryptography, a substitution cipher is a method of encrypting in which units of plaintext [i.e., the first action] are replaced with the ciphertext [i.e., a second action], in a defined manner, with the help of a key [i.e., using a first key]; the “units” may be single letters (the most common), pairs of letters, triplets of letters, mixtures of the above, and so forth. The receiver deciphers the text by performing the inverse substitution process to extract the original message. Examiner notes, by assigning a letter to each action, and by using the substitution cipher method and a key, each letter, which represents an action, is converted to another letter, which represents another action different from the original action. That is generating information indicating a second action to be performed by the target vehicle, different from the first action, based on the information indicating the first action using a first key);
determining the information indicating the first action based on the information indicating the second action using a second key associated with the first key (Non-patent Literature Wikipedia, in at least p. 1, teaches the receiver deciphers the text by performing the inverse substitution [i.e., determining the information indicating the first action based on the information indicating the second action] process to extract the original message. Examiner notes, by assigning a letter to each action, and by using the substitution cipher method and a key, each letter, which represents an action, is converted to another letter, which represents another action different from the original action. The ciphertext is decrypted by using a key that is associated with the first key. That is, determining the information indicating the first action based on the information indicating the second action using a second key associated with the first key);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch in view of Non-patent Literature Wikipedia with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – cryptography – and by assigning a letter to each action and using an encryption method, such as substitution cipher, the action is converted to another action that is decrypted by the target vehicle by using a key stored on the target vehicle and then the action is performed and the combination would provide for security of data through encryption (Non-patent Literature Wikipedia, see at least p. 4).
In regard to claim 4
, Nordbruch, as modified by Non-patent Literature Wikipedia, teaches the vehicle identification method according to claim 1, wherein
the management system comprises:
a plurality of local management devices provided in a plurality of areas where vehicles enter and exit (Nordbruch, in at least Fig. 3, and [0059-0061], discloses apparatus 201 encompasses: a communication interface 203 for transmitting via a wireless communication network configured within a parking lot [i.e., in a plurality of areas where vehicles enter and exit], for a predetermined motor vehicle, a request that the predetermined motor vehicle carry out a predetermined action. A checking device 205 for checking [i.e., a plurality of local management devices provided in a plurality of areas where vehicles enter and exit], after transmission of the request, whether a motor vehicle located within the parking lot is carrying out or has carried out the predetermined action);
a center management device managing the plurality of local management devices (Nordbruch, in at least Fig. 3, and [0058], discloses apparatus 201 [i.e., a center management device managing the plurality of local management devices] for localizing a motor vehicle),
the plurality of local management devices includes a target local management device provided in a target area where the target vehicle enters and exits (Nordbruch, in at least Fig. 3, and [0059-0060], discloses apparatus 201 encompasses: a communication interface 203 for transmitting via a wireless communication network configured within a parking lot [i.e., in a plurality of areas where vehicles enter and exit], for a predetermined motor vehicle, a request that the predetermined motor vehicle carry out a predetermined action. A checking device 205 for checking [i.e., the plurality of local management devices includes a target local management device], after transmission of the request, whether a motor vehicle located within the parking lot is carrying out or has carried out the predetermined action), and
the vehicle identification method further includes (Nordbruch, in at least [0044 & 0049], discloses a method for localizing a motor vehicle which is localization of the predetermined motor vehicle within a digital map of the parking lot. Examiner notes, localization of a motor vehicle is identifying a target vehicle):
in the center management device, managing the information indicating (Nordbruch, in at least Fig. 3, and [0059-0060], discloses apparatus 201 [i.e., the center management device] encompasses: a communication interface 203 for transmitting via a wireless communication network configured within a parking lot, for a predetermined motor vehicle, a request [i.e., managing the information indicating the first action] that the predetermined motor vehicle carry out a predetermined action);
in the center management device, generating the information indicating the second action from the information indicating the first action (Nordbruch, in at least Figs. 2-3, and [0024 & 0058-0060 & 0076], discloses an apparatus 201 [i.e., in the center management device] for localizing a motor vehicle. Provision is made to transmit, via a wireless communication network configured within parking lot 301, a request that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. A communication via the wireless communication network respectively becomes or is encrypted. Examiner notes, for a request to be transmitted, the request must be necessarily generated. Furthermore, as suggested by Nordbruch, the communication is encrypted which encompasses in the center management device, generating the information indicating the second action from the information indicating the first action);
transmitting the information indicating the second action from the center management device to the target local management device (Nordbruch, in at least Fig. 3, and [0076], discloses provision is made to transmit, via a wireless communication network configured within parking lot 301, a request [i.e., transmitting the information indicating the second action from the center management device to the target local management device] that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action);
transmitting the information indicating the second action from the target local management device to the target vehicle (Nordbruch, in at least Fig. 3, and [0076], discloses provision is made to transmit, via a wireless communication network configured within parking lot 301, a request [i.e., transmitting the information indicating the second action] that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action);
in the target local management device, detecting an action performed by a vehicle using the sensor (Nordbruch, in at least Fig. 3, and [0078-0079], discloses parking lot 301 is monitored by way of a surroundings sensor [i.e., in the target local management device, detecting an action performed by a vehicle using the sensor] suite encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action [i.e., action performed by a vehicle]);
transmitting information of the action performed by the vehicle from the target local management device to the center management device (Nordbruch, in at least Fig. 3, and [0078-0079], discloses parking lot 301 is monitored by way of a surroundings sensor suite encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action. Examiner notes, the information gathered by the sensor suite must be necessarily sent to the center management device to determine whether the action was taken by the target vehicle or not. That is, transmitting information of the action performed by the vehicle from the target local management device to the center management device); and
in the center management device, identifying the vehicle performing the first action as the target vehicle and not identifying the vehicle performing the second action as the target vehicle (Nordbruch, in at least Fig. 3, [0077-0081], discloses the request can also be received by motor vehicle 307. But because this request is not meant for motor vehicle 307, the latter will not carry out that predetermined action. Motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action in response to reception of the request. The predetermined action encompasses, for example, illumination of a headlight. This means that motor vehicle 309 is requested to operate a headlight in such a way that the latter lights up. This action in particular can very easily be identified by way of one or more cameras of a parking lot monitoring infrastructure. In other words, a check is made as to whether the headlight belongs to the motor vehicle that a parking lot management system presumes is the AVP motor vehicle [i.e., identifying the vehicle performing the first action as the target vehicle and not identifying the vehicle performing the second action as the target vehicle]. Examiner notes, the vehicle is identified by being monitored for performing the first actions).
Further, Non-patent Literature Wikipedia teaches managing the information indicating the first key (Non-patent Literature Wikipedia, in at least p. 1, teaches in cryptography, a substitution cipher is a method of encrypting in which units of plaintext are replaced with the ciphertext, in a defined manner, with the help of a key [i.e., information indicating the first]; the “units” may be single letters (the most common), pairs of letters, triplets of letters, mixtures of the above, and so forth. The receiver deciphers the text by performing the inverse substitution process to extract the original message [i.e., managing the information indicating the first key]);
using the first key (Non-patent Literature Wikipedia, in at least p. 1, teaches in cryptography, a substitution cipher is a method of encrypting in which units of plaintext are replaced with the ciphertext, in a defined manner, with the help of a key [i.e., the first key]; the “units” may be single letters (the most common), pairs of letters, triplets of letters, mixtures of the above, and so forth. The receiver deciphers the text by performing the inverse substitution process to extract the original message);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch, as modified by Non-patent Literature Wikipedia, further in view of Non-patent Literature Wikipedia with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – cryptography– and use encryption and decryption keys and the combination would provide for security of data through encryption (Non-patent Literature Wikipedia, see at least p. 4). Furthermore, It would have been an obvious matter of design choice to use “a center management device” and “local management device,” since Applicant(s) has/have not disclosed that such a combination solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a single management device.
29. Claim(s) 2-3
is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordbruch (US-20170212510-A1) in view of Non-patent Literature Wikipedia (“Substitution cipher”) and further in view of Nölscher et al. (US-20200029209-A1).
In regard to claim 2
, Nordbruch, as modified by Non-patent Literature Wikipedia, teaches the vehicle identification method according to claim 1, accordingly the rejection of claim 1 is incorporated.
Nordbruch, as modified by Non-patent Literature Wikipedia, is silent on wherein the first key and the second key are common keys.
However, Nölscher teaches wherein the first key and the second key are common keys (Nölscher, in at least Fig. 2, and [0037], teaches encryption engine 234 performs symmetric encryption techniques (e.g., CCM or GCM mode of Advance Encryption Service (AES) encryption) [i.e., wherein the first key and the second key are common keys]. Examiner notes, symmetric encryption uses common keys).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch, as already modified by Non-patent Literature Wikipedia, in view of Nölscher with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – cryptography – and use symmetric encryption and the combination would provide for establishing trusted and reliable channels of authenticated wireless communication between vehicle and other vehicles and network equipment (Nölscher, see at least [0014]).
In regard to claim 3
, Nordbruch, as modified by Non-patent Literature Wikipedia, teaches the vehicle identification method according to claim 1, accordingly the rejection of claim 1 is incorporated.
Nordbruch, as modified by Non-patent Literature Wikipedia, is silent on further including:
in the target vehicle, generating a public key that is the first key and a private key that is the second key;
transmitting information of the public key that is the first key from the target vehicle to the management system.
However, Nölscher teaches further including:
in the target vehicle, generating a public key that is the first key and a private key that is the second key (Nölscher, in at least Fig. 2, and [0040], teaches the parameter generation includes the establishment and sharing of asymmetric session encryption keys [i.e., in the target vehicle, generating a public key that is the first key and a private key that is the second key], sharing of public keys with private keys secured by vehicle 202 and node 250. Subsequent communications and data exchanged between vehicle 202 and node 250 is secured using the negotiated session parameters or the encryption key(s). Examiner notes, the vehicle secures the encryption keys encompasses generating a public key that is the first key and a private key that is the second key); and
transmitting information of the public key that is the first key from the target vehicle to the management system (Nölscher, in at least Fig. 2, and [0040], teaches the parameter generation includes the establishment and sharing of asymmetric session encryption keys, sharing of public keys with private keys secured by vehicle 202 [i.e., transmitting information of the public key that is the first key from the target vehicle to the management system] and node 250. Subsequent communications and data exchanged between vehicle 202 and node 250 is secured using the negotiated session parameters or the encryption key(s). Examiner notes, sharing the public key secured by the vehicle encompasses transmitting information of the public key that is the first key from the target vehicle to the management system. Furthermore, a public key, as implied by its name, is public and advertised publicly and everyone, including the management system has access to it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch, as already modified by Non-patent Literature Wikipedia, in view of Nölscher with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – cryptography – and provide the public key to other devices, such as the management system, and the combination would provide for establishing trusted and reliable channels of authenticated wireless communication between vehicle and other vehicles and network equipment (Nölscher, see at least [0014]).
30. Claim(s) 5-7
is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordbruch (US-20170212510-A1) in view of Fawaz et al. (US-20190143996-A1).
In regard to claim 5
, Nordbruch discloses a vehicle identification method for identifying a target vehicle including (Nordbruch, in at least [0044 & 0049], discloses a method for localizing a motor vehicle which is localization of the predetermined motor vehicle within a digital map of the parking lot. Examiner notes, localization of a motor vehicle is identifying a target vehicle):
transmitting information indicating both a first action and a second action from a management system to the target vehicle (Nordbruch, in at least Fig. 3, and [0076 & 0083], discloses provision is made to transmit, via a wireless communication network configured within parking lot 301, a request [i.e., transmitting information indicating both a first action and a second action from a management system to the target vehicle] that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. Provision is made for communication of several predetermined actions. Such a communication encompasses, for example, activation of a directional indicator [i.e., a first action], activation of a headlight [i.e., a second action], and activation of a brake light);
causing the target vehicle to perform only the first action (Nordbruch, in at least Fig. 3, and [0078], discloses motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action [i.e., causing the target vehicle to perform only the first action] in response to reception of the request);
in the management system, detecting one or more actions performed by a vehicle using a sensor (Nordbruch, in at least Fig. 3, and [0078-0079], discloses parking lot 301 is monitored by way of a surroundings sensor [i.e., detecting one or more actions performed by a vehicle using a sensor] suite encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action [i.e., one or more actions performed by a vehicle]);
in the management system, determining whether the vehicle performs the first action and whether the vehicle performs the second action (Nordbruch, in at least Fig. 3, and [0078-0079 & 0083], discloses parking lot 301 is monitored by way of a surroundings sensor suite encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action. Provision is made for communication of several predetermined actions. Such a communication encompasses, for example, activation of a directional indicator, activation of a headlight, and activation of a brake light. Examiner notes, as mentioned above, provision is made for communication of several predetermined actions. That is, when several predetermined actions are transmitted to the vehicle, detecting the target vehicle is necessarily based on determining whether the vehicle performs all the predetermined actions. As such, Nordbruch discloses in the management system, determining whether the vehicle performs the first action and whether the vehicle performs the second action);
in the management system, upon determination that the vehicle performs the first action without performing the second action, identifying the vehicle as the target vehicle, (Nordbruch, in at least Fig. 3, [0077-0081], discloses the request can also be received by motor vehicle 307. But because this request is not meant for motor vehicle 307, the latter will not carry out that predetermined action. Motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action in response to reception of the request. The predetermined action encompasses, for example, illumination of a headlight. This means that motor vehicle 309 is requested to operate a headlight in such a way that the latter lights up. This action in particular can very easily be identified by way of one or more cameras of a parking lot monitoring infrastructure. In other words, a check is made as to whether the headlight belongs to the motor vehicle that a parking lot management system presumes is the AVP motor vehicle [i.e., in the management system, upon determination that the vehicle performs the first action without performing the second action, identifying the vehicle as the target vehicle]); and
Nordbruch is silent on without performing the second action,
not identifying the vehicle that performs both the first action and second action as the target vehicle;
in the management system, upon determination that the vehicle performs both the first action and second action, not identifying the vehicle as the target vehicle.
However, Fawaz teaches without performing the second action (Fawaz, in at least [0080], teaches if a user sends a vehicle function request that includes a vehicle ignition start function request (a first requested vehicle function) and a vehicle heat system initiate function request, which is a command or request to initiate the vehicle's heating system, (a second requested vehicle function) and, pursuant to steps 310 to 340, it is determined that the vehicle ignition start function is not permitted, then the vehicle or remote facility may additionally choose to not carry out the vehicle heat system initiate function, even though the vehicle heat system initiate function may be permitted in the present geopolitical region. Examiner notes, as mentioned above, the vehicle chooses to not carry out an action that has been transmitted to the vehicle. That encompasses the scenario that the vehicle chooses to carry out the first action without performing the second action.),
not identifying the vehicle that performs both the first action and second action as the target vehicle (Fawaz, in at least [0080], teaches if a user sends a vehicle function request that includes a vehicle ignition start function request (a first requested vehicle function) and a vehicle heat system initiate function request, which is a command or request to initiate the vehicle's heating system, (a second requested vehicle function) and, pursuant to steps 310 to 340, it is determined that the vehicle ignition start function is not permitted, then the vehicle or remote facility may additionally choose to not carry out the vehicle heat system initiate function, even though the vehicle heat system initiate function may be permitted in the present geopolitical region. Examiner notes, as suggested above, there are actions, such as remote start, that the vehicle is not capable or permitted to carry out. When the second action is an action that the vehicle is not capable or is not permitted to carry out, means the vehicle will only carry out the actions that are allowed or the vehicle is capable of doing so. As such, when the management system has the knowledge that the vehicle is capable of carrying out the first action, but it is not allowed or capable of carrying out the second actions, this knowledge can easily be used for identifying the target vehicle. That is, the vehicle is identified by carrying out the first action without performing the second action as the target vehicle and not identifying the vehicle that performs both the first action and second action as the target vehicle).
in the management system, upon determination that the vehicle performs both the first action and second action, not identifying the vehicle as the target vehicle (Fawaz, in at least [0080], teaches if a user sends a vehicle function request that includes a vehicle ignition start function request (a first requested vehicle function) and a vehicle heat system initiate function request, which is a command or request to initiate the vehicle's heating system, (a second requested vehicle function) and, pursuant to steps 310 to 340, it is determined that the vehicle ignition start function is not permitted, then the vehicle or remote facility may additionally choose to not carry out the vehicle heat system initiate function, even though the vehicle heat system initiate function may be permitted in the present geopolitical region. Examiner notes, as suggested above, there are actions, such as remote start, that the vehicle is not capable or permitted to carry out. As such, when the management system has the knowledge that the vehicle is capable of carrying out the first action, but it is not allowed or capable of carrying out the second actions, this knowledge can easily be used for identifying the target vehicle which means a vehicle that performs both action is not identified as the target vehicle, especially when it is known that the target vehicle is not capable of performing both actions. As such, Fawaz teaches upon determination that the vehicle performs both the first action and second action, not identifying the vehicle as the target vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch in view of Fawaz with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and identify the target vehicle by sending an action that the vehicle is capable of carrying out, along with an action that the vehicle is not capable of carrying out or is not permitted to carry out and identifying the target vehicle as a vehicle that only performs the first predetermined action and not identifying a vehicle that performs both actions as the target vehicle and the combination would provide for controlling the functionality of a vehicle according to the geopolitical region in which the vehicle is located while the use of certain technologies is acceptable in one geographic region, the use of that technology in another geographic region may violate the laws or regulations of that region (Fawaz, see at least [0001-0002]).
In regard to claim 6
, Nordbruch, as modified by Fawaz, teaches the vehicle identification method according to claim 5, accordingly the rejection of claim 5 is incorporated.
However, Fawaz teaches wherein
the second action is an action that the target vehicle does not have capability to perform (Fawaz, in at least [0080], teaches if a user sends a vehicle function request that includes a vehicle ignition start function request (a first requested vehicle function) and a vehicle heat system initiate function request, which is a command or request to initiate the vehicle's heating system, (a second requested vehicle function) and, pursuant to steps 310 to 340, it is determined that the vehicle ignition start function is not permitted [i.e., the second action is an action that the target vehicle does not have capability to perform ], then the vehicle or remote facility may additionally choose to not carry out the vehicle heat system initiate function, even though the vehicle heat system initiate function may be permitted in the present geopolitical region. Examiner notes, as suggested above, there are actions, such as remote start, that the vehicle is not capable or permitted to carry out).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch, as modified by Fawaz, in view of Fawaz with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and send a second action to the vehicle that the vehicle is not capable or permitted to carry out and the combination would provide for controlling the functionality of a vehicle according to the geopolitical region in which the vehicle is located while the use of certain technologies is acceptable in one geographic region, the use of that technology in another geographic region may violate the laws or regulations of that region (Fawaz, see at least [0001-0002]).
In regard to claim 7
, Nordbruch, as modified by Fawaz, teaches the vehicle identification method according to claim 5, further including
transmitting information indicating the second action from the management system to the target vehicle (Nordbruch, in at least Fig. 3, and [0076 & 0083], discloses provision is made to transmit, via a wireless communication network configured within parking lot 301, a request [i.e., transmitting information indicating both a first action and a second action from a management system to the target vehicle] that is meant for motor vehicle 309. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. Provision is made for communication of several predetermined actions. Such a communication encompasses, for example, activation of a directional indicator [i.e., a first action], activation of a headlight [i.e., a second action], and activation of a brake light. Examiner notes, as suggested above, the first and the second action are transmitted to target vehicle. Nordbruch has not defined a specific order for sending the first and the second action. As such the second action can be sent before the first action).
It would have been an obvious matter of design choice to “transmit[…] information indicating the second action … in advance”, since Applicant(s) has/have not disclosed that “transmitting information indicating the second action … in advance” solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other orders of transmitting the actions.
31. Claim(s) 8-10
is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordbruch (US-20170212510-A1) in view of Kikuchi et al. (US-20240061671-A1).
In regard to claim 8
, Nordbruch discloses a vehicle identification method for identifying a target vehicle including (Nordbruch, in at least [0044 & 0049], discloses a method for localizing a motor vehicle which is localization of the predetermined motor vehicle within a digital map of the parking lot. Examiner notes, localization of a motor vehicle is identifying a target vehicle):
transmitting a first element of a target action from a management system to the target vehicle via a first communication path (Nordbruch, in at least Fig. 3, and [0024 & 0076 & 0084], discloses an apparatus 201 [i.e., a management system] for localizing a motor vehicle. Provision is made to transmit, via a wireless communication network [i.e., transmitting … via a first communication path] configured within parking lot 301, a request that is meant for motor vehicle 309 [i.e., the target vehicle]. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. The request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. The action is made up of a sequence. One such sequence is a repeated switching on and off of one or more elements of a vehicle illumination system [i.e., a first element of a target action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled);
transmitting a second element of the target action from the management system to the target vehicle (Nordbruch, in at least Fig. 3, and [0024 & 0076 & 0084], discloses an apparatus 201 [i.e., the management system] for localizing a motor vehicle. Provision is made to transmit, via a wireless communication network [i.e., transmitting] configured within parking lot 301, a request that is meant for motor vehicle 309 [i.e., the target vehicle]. The request encompasses the fact that motor vehicle 309 is to carry out a predetermined action. The request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. The action is made up of a sequence. One such sequence is a repeated switching on and off of one or more elements of a vehicle illumination system and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window [i.e., a second element of a target action] and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled);
causing the target vehicle to perform the target action including the first element and the second element (Nordbruch, in at least Fig. 3, and [0078 & 0084], discloses motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action [i.e., causing the target vehicle to perform the target action] in response to reception of the request. The request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. The action is made up of a sequence. One such sequence is a repeated switching on and off of one or more elements of a vehicle illumination system [i.e., the first element of a target action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window [i.e., the second element of a target action]and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled. Examiner notes, as mentioned above, when the action is made up of a sequence of elements, the target vehicle performs the sequence of elements. That is, causing the target vehicle to perform the target action including the first element and the second element);
in the management system, determining whether the vehicle performs the target action including the first element and the second element (Nordbruch, in at least Fig. 3, and [0078-0079 & 0084], discloses parking lot 301 is monitored by way of a surroundings sensor suite [i.e., in the management system, detecting an action performed by a vehicle using a sensor] encompassing one or more surroundings sensors, so that based on the monitoring it is possible to identify whether one of the motor vehicles that is located within parking lot 301 is carrying out or has carried out the predetermined action [i.e., determining whether the vehicle performs the target action]. The request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. The action is made up of a sequence. One such sequence is a repeated switching on and off of one or more elements of a vehicle illumination system [i.e., the first element of a target action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window [i.e., the second element of a target action]and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled. Examiner notes, when the action is made up of a sequence of elements, the target vehicle performs the sequence of elements and the vehicle is identified when it carries out the sequence of elements including the first and the second element. That is, in the management system, determining whether the vehicle performs the target action including the first element and the second element); and
upon determination that the vehicle performs the target action including the first element and the second element, identifying the vehicle that performs the target action as the target vehicle (Nordbruch, in at least Fig. 3, [0077-0081 & 0084], discloses the request can also be received by motor vehicle 307. But because this request is not meant for motor vehicle 307, the latter will not carry out that predetermined action. Motor vehicle 309 knows upon reception of the request that it is meant for motor vehicle 309. Motor vehicle 309 will thus carry out the predetermined action in response to reception of the request. The predetermined action encompasses, for example, illumination of a headlight. This means that motor vehicle 309 is requested to operate a headlight in such a way that the latter lights up. This action in particular can very easily be identified by way of one or more cameras of a parking lot monitoring infrastructure. In other words, a check is made as to whether the headlight belongs to the motor vehicle that a parking lot management system presumes is the AVP motor vehicle [i.e., identifying the vehicle that performs the target action as the target vehicle]. The request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. The action is made up of a sequence. One such sequence is a repeated switching on and off of one or more elements of a vehicle illumination system [i.e., the first element of a target action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window [i.e., the second element of a target action]and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled. Examiner notes, when the action is made up of a sequence of elements, the target vehicle performs the sequence of elements and the vehicle is identified when it carries out the sequence of elements including the first and the second element. That is, upon determination that the vehicle performs the target action including the first element and the second element, identifying the vehicle that performs the target action as the target vehicle).
Nordbruch is silent on via a second communication path different from the first communication path;
However, Kikuchi teaches via a second communication path different from the first communication path (Kikuchi, in at least Fig. 1, [0039], teaches the in-vehicle communication device 22 uses different communication paths depending on the type of data received. Specifically, in the case of receiving update data from the software updating device 1, the in-vehicle communication device 22 receives the update data via a first communication path [i.e., first communication path] for providing software. Further, when receiving other data besides update data, the in-vehicle communication device 22 receives this data other than update data via a second communication path [i.e., a second communication path different from the first communication path] for providing data other than software update data. The first communication path is a communication path with a higher security level than the second communication path. The security level is a value that is set higher for a communication path that is evaluated to have a lower security risk in a security risk analysis of the communication path);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Nordbruch in view of Kikuchi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicles – and use different communication path for the first and second element of the predetermined actions and the combination would provide for transmitting the elements of the predetermined action simultaneously and faster transmission of the predetermined action.
In regard to claim 9
, Nordbruch, as modified by Kikuchi, teaches the vehicle identification method according to claim 8, wherein
the plurality of elements includes a device for performing the target action and an operation pattern of the device (Nordbruch, in at least [0084], discloses the request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. In other words, the action is made up of a sequence. One such sequence is, for example, a repeated switching on and off of one or more elements [i.e., an operation pattern of the device] of a vehicle illumination system [i.e. the plurality of elements includes a device for performing the target action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled).
In regard to claim 10
, Nordbruch, as modified by Kikuchi, teaches the vehicle identification method according to claim 8, wherein
the plurality of elements includes a first action and a second action that is different from the first action (Nordbruch, in at least [0084], discloses the request encompasses repetition of the predetermined action one or more times by the predetermined motor vehicle. In other words, the action is made up of a sequence. One such sequence is, for example, a repeated switching on and off of one or more elements of a vehicle illumination system [i.e., a first action] and/or of a brake light and/or of a directional indicator and/or of a wiper and/or of a horn, and/or repeated opening and closing of a motor vehicle door and/or repeated opening and closing of a motor vehicle window [i.e., a second action that is different from the first action] and/or repeated starting and switching off of a drive engine of the motor vehicle, with optional accelerator actuation with the drive train decoupled).
Conclusion
32. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lemmer et al. (US-20180101171-A1) teaches a team of autonomous vehicles to perform a designated set of tasks.
33. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
34. A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
35. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Preston J Miller whose telephone number is (703)756-1582. The examiner can normally be reached Monday through Friday 7:30 AM - 4:30 PM EST.
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37. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramya P Burgess can be reached at (571) 272-6011. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/P.J.M./Examiner, Art Unit 3661
/Tarek Elarabi/Primary Examiner, Art Unit 3661
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