DETAILED 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 .
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McQuade et al, US 20170193502 A1 in view of Morris et al, US 20190213692 A1.
7. A controller for a fuel dispensing station having a fuel dispenser comprising a housing enclosing a pump and electronics configured to turn on and off the pump and to provide a signal indicating an amount of fuel dispensed by the pump, (see McQuade, fig. 2 #30, 34) the controller providing an interface to a fueling system, (see McQuade, ¶ 44)(Fuel Dispenser-Based Data Interface) and comprising:
at least one reader mechanically coupled to the fuel dispensing station and configured to read information from an asset positioned for fueling at the fuel dispensing station, (see McQuade, ¶ 14)(radio frequency (RFID) tags on enrolled vehicles, such that when an RFID tag reader at a fuel pump read an enrolled RFID tag, the pump was enabled.);
a communication interface configured for communication between the fuel dispensing station and an asset management subsystem implemented by a remote computing device, (see McQuade, ¶ 47) (Vehicle-Based Data Interface—This component is used to communicate the vehicle and potentially the driver/operator information to the system which authorizes the fuel to be dispensed);
a fuel dispenser communication interface to the electronics of the fuel dispenser, (see McQuade, ¶ 44)(Fuel Dispenser-Based Data Interface); and a processor, (see McQuade, abstract)(vehicle fuel authorization processor), configured to:
obtain identifying information about the asset via the at least one reader, (see McQuade, ¶ 14)(when an RFID tag reader at a fuel pump read an enrolled RFID tag, the pump was enabled);
transmit the identifying information about the asset to the asset management subsystem via the communication interface, (see McQuade, ¶ 46)(Vehicle Data Bus Interface—This component is used to interface to the vehicles data bus to obtain a VIN from a non-removable memory in the vehicle);
after transmitting the identifying information to the asset management subsystem, receive information about the asset from the asset management subsystem via the communication interface, (see McQuade, ¶ 46)(Vehicle Data Bus Interface—This component is used to interface to the vehicles data bus to obtain a VIN from a non-removable memory in the vehicle);
determine, based at least in part on the information about the asset, whether to enable the fuel dispenser to dispense fuel to the asset, (see McQuade, ¶ 15, 88)(Data from the vehicle (including but not limited to accumulated mileage, accumulated engine hours, and in some embodiments, a quantity of fuel present in the vehicle's fuel tanks) are transferred from the vehicle to the fuel vendor over the wireless data link. The fuel authorization controller checks to see whether the VIN is approved);
selectively generate control signals to the fuel dispenser based on the determination, wherein the control signals are configured to enable the fuel dispenser to dispense fuel to the asset, (see McQuade, ¶ 5)(a controller (such as a computing device) that receives data from the vehicle to use to determine whether or not to authorize fuel delivery);
communicate the control signals through the fuel dispenser communication interface, (see McQuade, ¶ 47)(Vehicle-Based Data Interface—This component is used to communicate the vehicle and potentially the driver/operator information to the system which authorizes the fuel to be dispensed);
transmit status signals via the communication interface, (see McQuade, ¶ 130)(the enrolled vehicle's status in the fuel authorization program is confirmed).
McQuade fails to disclose the following features taught by Morris:
receive a command over the communication interface indicating an error correction action, (see Morris, ¶ 123)(Generating the alarm 355 can include causing a corrective action to be performed).
Independent Claim 1 is similar to claim 7 rejected above and further states in part “whether to enable a fuel dispenser at the fuel dispensing station to dispense fuel to the asset by determining, based on the identifier indicated by the information about the asset, whether the asset is calibrated”. This is taught by Morris, ¶ 8 “a fuel pump configured to pump the fuel from a fuel reservoir through the dispenser, and can include a fuel meter configured to measure an amount of fuel pumped by the pump” wherein configured to measure is considered to be calibrated.
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the features of McQuade and Morris because of the following findings of fact:
F. Known Work in One Field of Endeavor May Prompt Variations of It for Use in Either the Same Field or a Different One Based on Design Incentives or Other Market Forces if the Variations Are Predictable to One of Ordinary Skill in the Art
(1) the scope and content of the prior art in the same field of endeavor as that of the applicant’s invention include a similar or analogous device (method, or product), i.e. INTELLIGENT FUEL DISPENSERS;
(2) there were design incentives or market forces which would have prompted adaptation of the known device (method, or product), (see Morris, ¶ 201)(may improve customer experience by providing all fueling and other purchase information and all media at the same location (e.g., all on the display));
(3) the differences between the claimed invention and the prior art were encompassed in known variations or in a principle known in the prior art;
(4) one of ordinary skill in the art, in view of the identified design incentives or other market forces, could have implemented the claimed variation of the prior art, and the claimed variation would have been predictable to one of ordinary skill in the art.
This rationale is applied to all combinations of McQuade and Morris in the rejections below herein by reference.
8. The controller of claim 7, wherein: the error correction action comprises at least one of hardware reset of a component at the fuel dispensing station or updating software controlling a component at the fuel dispensing station, (see McQuade, ¶ 134)(passwords and/or encryption keys that are regularly updated).
9. The controller of claim 7, wherein: the processor is further configured to: receive, through the interface to the fueling system, information indicating an amount of fuel dispensed for an asset; and communicate, while the asset is positioned for fueling at the fuel dispensing station, via the communication interface, information about fuel dispensed, (see McQuade, ¶ 128)(fuel use data generating components 50 (i.e., components that collect data that can be used to calculate an amount of fuel used by the vehicle).
10. The controller of claim 7, wherein: the at least one reader comprises a Bluetooth interface configured for pairing and communication with an ECU of an asset, a cable and a reader gun coupled to the processor via the cable, or an RFID reader, (see McQuade, ¶ 6)(RFID reader).
11. The controller of claim 7, wherein: the communication interface is further configured for communication between the fuel dispensing station and a billing subsystem implemented by the remote computing device, and the processor is further configured to: obtain billing information for the asset from the billing subsystem via the communication interface; and determine whether to enable the fuel dispenser to dispense the fuel to the asset based on the information about the asset and based on the billing information for the asset, (see McQuade, ¶ 4)(a more secure method and apparatus for implementing fuel authorization in the trucking industry that actually prevents owner operators from stealing fuel charged to a fleet operator account).
12. The controller of claim 7, wherein: the processor is configured to determine whether to enable the fuel dispenser to dispense the fuel to the asset based on one or more of a fuel type, a mileage, an identifier, and an operator indicated by the information about the asset, (see McQuade, ¶ 15)( In at least one exemplary embodiment, during the RF communication between Fuel Authorization Controller and the Station Controller, data from the vehicle (including but not limited to accumulated mileage, accumulated engine hours, and in some embodiments, a quantity of fuel present in the vehicle's fuel tanks) are transferred from the vehicle to the fuel vendor over the wireless data link).
13. The controller of claim 7, in combination with the fuel dispenser, wherein: the housing is a first housing; the controller comprises a second housing, and the processor is enclosed within the second housing; the second housing is separately formed from the first housing; and the fuel dispensing station further comprises fasteners fastening the second housing to the first housing, (see McQuade, figs. 2 and 6)(fuel island components).
14. Claim 14 is similar to claim 7 rejected above and further provides “determine whether to enable the fuel dispenser to dispense the fuel to the asset based on the information about the asset by determining whether the mileage indicated by the information about the asset is authorized”, (see McQuade, ¶ 15)(data from the vehicle (including but not limited to accumulated mileage)).
The remaining claims contain the same or similar features as claims 1, 7-14 rejected above, and therefore the above rejections are applied to claims 2-6 and 15-20 herein by reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20090048711-A1 and US-10577237-B2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL S GLASS whose telephone number is (571)272-7285. The examiner can normally be reached M-F, 9-5.
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/RUSSELL S GLASS/Primary Examiner, Art Unit 3627