DETAILED ACTION
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No.12 105 821. This is a statutory double patenting rejection.
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 .
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.
Claim(s) 1 - 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak, publication number: US 2020/0219337.
As per claims 1, 14 and 18, Kwak teaches a method that includes performing, with one or more processing devices of a transportation data aggregator platform (“TDAP”) (Brokerage, [0074][0076]), operations comprising:
receiving, from a computing device of a carrier, a selection of one or more electronic logging device (“ELD”) provider systems associated with ELDs of vehicles of the carrier (ELDs associated with a transportation company, [0073][0075]);
for each of the one or more selected ELD provider systems:
displaying, on the computing device of the carrier, a request for credentials associated with the selected ELD provider system (key request, [0079], Fig. 3, 5 and 7);
receiving, via the computing device of the carrier, an input comprising the credentials (Entering key, [0079], Fig. 3, 5 and 7);
communicating, to the ELD provider system, the credentials (checking if key is valid, [0079]);
receiving, from the ELD provider system, a response confirming a validity of the communicated credentials (authorizer, [0056-0057]);
in response to receiving the response for each of the one or more selected ELD provider systems, accessing ELD data logged by ELDs of the carrier from the one or more selected ELD provider systems (accessing ELD data, [0079]).
As per claim 2, Kwak teaches wherein each ELD of the carrier communicates, to a respective one of the one or more selected ELD provider systems, respective logged ELD data (Providing customer access, Fig. 2, 205, [0073]).
As per claim 3, Kwak teaches wherein the ELD data comprises one or more of location data, velocity data, accelerometer data, times of operation, session reports, engine data, navigation system data, camera device data, sound data, or other data logged by ELD devices (Location information, [0065][0067]).
As per claims 4, 15 and 19, Kwak teaches wherein the operations further comprise, in response to receiving the response for each of the one or more selected ELD provider systems, generating a letter of authorization (“LOA”) authorizing the TDAP to access the ELD data and share the ELD data with a client system requesting the ELD data (Middle agent, [0076]).
As per claim 5, Kwak teaches receiving, from the client system, a request for ELD data of the carrier (authorizer, [0057][0121]);
displaying, via the computing device of the carrier, a request to approve sharing of the ELD data of the carrier(approval, [0087]);
in response to receiving an input approving the sharing, displaying, via the computing device of the carrier, a set of ELD provider systems, wherein the received selection of the one or more ELD provider systems comprises a selection within the set of ELD provider systems (ELD selection, Fig, 7, [0087]).
As per claims 6, 16 and 20, Kwak teaches wherein the operations further comprise: receiving, from the computing device of the carrier, a request to revoke the LOA; in response to receiving the request to revoke the LOA, ceasing to access the ELD data (Revoking access, [0088]).
As per claim 7, Kwak teaches wherein the operations further comprise: receiving, from the computing device of the carrier , a request to revoke the LOA; in response to receiving the request to revoke the LOA, ceasing to share the ELD data with the client (Revoking access, [0088]) .
As per claims 8 and 17, Kwak teaches wherein communicating the credentials to the ELD provider system comprises communicating the credentials to an application programming interface (“API”) of the ELD provider system (interface, [0021], Fig. 3).
As per claim 9, Kwak teaches wherein the credentials comprise an API key to enable communication with the API of the ELD provider system (Key, [0078][0079]).
As per claim 10, Kwak teaches wherein the credentials comprise one or more of a username and a password (Passcode, [0085]).
As per claim 11, Kwak teaches herein displaying the request for credentials further comprises displaying ELD data types;
wherein receiving the input comprising the credentials further comprises receiving a selection of one or more ELD data types;
wherein communicating the credentials further comprises communicating a request for the selected one or more ELD data types; wherein the response confirming the validity of the communicated credentials further comprises a response confirming that the ELD provider system can share the selected one or more data types; and wherein the received ELD data comprises ELD data of the selected one or more data types (partner setting, Fig. 7, [0087], Grant or deny, [0022]).
As per claim 12, Kwak teaches wherein the operations further comprise: displaying, via the computing device of the carrier, a set of one or more ELDs, wherein the selected one or more ELDs comprise a subset of the set (Subset, [0016][0101][0093] Fig. 12).
As per claim 13, Kwak teaches wherein displaying the set of one or more ELDs comprises displaying a pre-selection of the subset of the set, wherein the set corresponds to all ELD provider systems known to the TDAP, wherein the pre-selected subset of the set corresponds to ELDs associated with an account of the carrier on the TDAP, and wherein receiving the selection of the subset comprises receiving a confirmation of the pre-selected subset (Subset, [0016][0101][0093] Fig. 12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUGBENGA O IDOWU whose telephone number is (571)270-1450. The examiner can normally be reached Monday-Friday 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jung Kim can be reached at 5712723804. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUGBENGA O IDOWU/Primary Examiner, Art Unit 2494
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