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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification - the greatest clarity is obtained when the specification serves as a glossary for the claim terms. The words of the claim must be given their plain meaning unless the plain meaning is inconsistent with the specification. 2111.01 (I). See also In re Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983) ("'[C]laims are not to be read in a vacuum, and limitations therein are to be interpreted in light of the specification in giving them their ‘broadest reasonable interpretation.'"2111.01 (II).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 8, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over KHONIZI (US 20180238289 A1) in view of TURNER (US 6362599 B1).
Regarding claim 1:
KHONIZI discloses:
An information processing apparatus for controlling a vehicle having a communication function related to remote operation (see at least KHONIZI, ¶ 0012, “Responsive to detection of a vehicle engine being turned on, a vehicle equipped with an embedded modem may send a trigger to a remote server to update a vehicle profile for the car with the current date and time. The server may periodically run a job to find out how long it has been since each vehicle has been started. If the vehicle has not been restarted for at least a predefined period of time, the server may send a notification to the vehicle owner to run the car remotely. For instance, the server may send a message to an application installed to the user's mobile device to cause the mobile device to indicate to the user that the vehicle should be started. The application may further provide an option allowing the user to remotely start the vehicle to recharge the battery. In other examples, the server may automatically direct the vehicle to remotely start, without driver involvement.”)
comprising a controller including at least one processor, (see at least KHONIZI, ¶ 0017, “The VCS 106 may further include various types of computing apparatus in support of performance of the functions of the VCS 106 described herein. In an example, the VCS 106 may include one or more processors 108 configured to execute computer instructions, and a storage 110 medium on which the computer-executable instructions and/or data may be maintained. A computer-readable storage medium (also referred to as a processor-readable medium or storage 110) includes any non-transitory (e.g., tangible) medium that participates in providing data (e.g., instructions) that may be read by a computer (e.g., by the processor(s)). In general, a processor 108 receives instructions and/or data, e.g., from the storage 110, etc., to a memory and executes the instructions using the data, thereby performing one or more processes, including one or more of the processes described herein. Computer-executable instructions may be compiled or interpreted from computer programs created using a variety of programming languages and/or technologies, including, without limitation, and either alone or in combination, Java, C, C++, C#, Fortran, Pascal, Visual Basic, Python, Java Script, Perl, PL/SQL, etc.”)
the controller configured to execute an auto-start process, (see at least KHONIZI, ¶ 0002, “A battery of a vehicle starts to discharge when the vehicle engine is turned off. Sometimes vehicles are left to sit for weeks at a time. However, the battery may become overly discharged if the battery is not recharged periodically, e.g., by restarting of the vehicle. The owner of the vehicle may return after several weeks and may find that the state of charge of the battery is insufficient to restart the vehicle.”)
the auto start-process being the process of sending a start command for causing the internal combustion engine to operate for a specified period of time in response to (see at least KHONIZI, ¶ 0032, “At 304, the vehicle data server 128 determines whether a charge job timeout has expired. In an example, the charge update application 130 of the vehicle data server 128 periodically executes a job to identify a time difference between the current time and the most recent vehicle charge times 126 for each vehicle 102 reporting to the vehicle data server 128. The predefined timeout may be, in an example, every day, week, or two weeks. If the charge timeout has expired, control passes to operation 306. Otherwise, control returns to operation 302.”; ¶ 0033, “The vehicle data server 128 determines which vehicles 102 are to be charged at 306. In an example, the vehicle data server 128 identifies charge times 126 older than a predefined threshold. For instance, the charge update application 130 of the vehicle update server 128 compares the most recent vehicle charge times 126 for each vehicle 102 reporting to the vehicle data server 128 to a predefined threshold time. As one possibility, the predefined threshold may be two weeks old. If one or more of the charge times 126 are older than the predefined threshold, control passes to operation 308. Otherwise, control returns to operation 302.”)
a second period of time that is shorter than the first period of time elapses after the internal combustion engine has stopped operating. (see at least KHONIZI, ¶ 0024, “The vehicle data server 128 may be configured to maintain the vehicle charge times 126 indicative of the last time that the vehicle 102 was charged. The vehicle charge times 126 may indicate, a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In other examples, the vehicle charge times 126 may be indicative of times at which the battery 104 achieves a predefined state of charge (e.g., falls below a predefined state of charge threshold). In some instances, the precision of the vehicle charge times 126 may be to the nearest day, while in other cases, the precision of the vehicle charge times 126 may be to the hour, minute, and/or second.”; ¶ 0031, “At operation 302, the vehicle data server 128 receives charge times 126 from the vehicles 102. In an example, the vehicle data server 128 receives the charge times 126 from various vehicles 102 over the wide-area network 122 responsive to and/or indicative of one or more of a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In some examples, a vehicle 102 utilizes an embedded modem of the TCU 120-A to provide the charge times 126. In other examples, a vehicle 102 utilizes communication features of a mobile device 112 of the user located within the vehicle 102 to provide the charge times 126.”; ¶ 0034, “At operation 308, the vehicle data server 128 determines whether to send charge indications 132 to the vehicles 102 to be charged. In an example, the vehicle data server 128 may maintain information indicative of which vehicles 102 are set up to receive restart requests 316 without sending charge indications 132 to mobile devices 112, and which vehicles 102 require charge indications 132 instead. If a vehicle 102 receives charge indications 132, control passes to operation 310. If a vehicle 102 receives restart requests 136, control passes to operation 312.”)
KHONIZI does not disclose, but TURNER teaches:
that is switched to off mode in response to a first period of time elapses after an internal combustion engine has stopped operating, (see at least TURNER, Col 1 lines 28-38, "Accordingly, and in order to maintain a minimal threshold charge value in an automotive battery, it would be desirable to have a battery protection system which would disconnect the battery from an electrical load or draw, if the battery discharges below a set value. In addition, the system would need to distinguish the current status of the automobile (i.e. engine running) and the type of electrical systems being driven by the battery (i.e. hazard lights) in order to provide the system with a "fail-safe" protection system so that the battery is not disconnected from driving critical systems."; Col 4 lines 31-42, "The battery disconnect-point determination is accomplished in the microprocessor by measuring the time-rate-of-change of the battery voltage and the ambient temperature, and comparing these measurements to battery discharge curves stored in microprocessor memory. FIGS. 2 and 3 illustrate typical time-rate of change curves. The battery voltage is monitored by the microprocessor, via a voltage divider. If the state-of-charge of the battery is such that any further reduction in battery charge might disallow an engine start, the microprocessor will cause a field effect transistor (FET) array to turn off, thereby disconnecting the load from the battery."; Col 8 lines 0-5, "Using the battery voltage, the time of drain, the order of magnitude for the current drain and the battery temperature, the microprocessor determines a battery voltage level at which the gate drive 18 causes the FETs of array 14 to open and disconnect the vehicle load.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start to remind the user to remotely start the vehicle to charge the battery within KHONIZI to include the tracking of vehicle voltage and time of drain for determining when to disconnect electronics to protect the battery within TURNER to yield a more effective vehicle data server that is better able to notify the user to restart the vehicle to charge the battery to avoid crossing the battery disconnection-point wherein remote start is not available. It should be noted KHONIZI in ¶ 0002 anticipates the risk of overly-discharging the vehicle battery.
Regarding claim 8:
KHONIZI in view of TURNER discloses the limitations within claim 1 and KHONIZI further discloses:
the vehicle is provided with a battery that supplies electrical power for (see at least KHONIZI, ¶ 0015, “The battery 104 may include various types of rechargeable batteries configured to supply electric energy to various components of the vehicle 102. In an example, the battery 104 may be a 12 Volt lead-acid battery. The battery 104 may be configured to power a starter motor and ignition system of an engine of the vehicle 102 when the engine is not running, and may receive electric charge from an alternator when the engine is running. In another example, the battery 104 may include a traction battery or battery pack configured to store energy that can be used by one or more electric machines of the vehicle 102 that can provide propulsion and deceleration capability, whether the engine is turned on or off.”)
the communication function to operate and (see at least KHONIZI, ¶ 0013, “FIG. 1 illustrates an example system 100 including a vehicle 102 implementing battery 104 reporting and automated recharging. The vehicle 102 may include a vehicle computing system (VCS) 106 configured to communicate over a wide-area network 122, e.g., using a mobile device 112 or a telematics control unit (TCU) 120-A. The system also includes a vehicle data server 128 configured to maintain vehicle charge times 126 received over the wide-area network 122 from the vehicle 102. The vehicle data server 128 may execute a charge application 124 configured to send a charge indication 138 to a vehicle management application 134 of the mobile device 112 associated with the vehicle 102 to be recharged. The mobile device 112 may further provide an indication to the user requesting the recharge, and if approved, may send a restart request 136 to the vehicle 102. The VCS 106 may be configured to utilize a charge application 124 installed to the VCS 106 to report the vehicle charge times 126 to the vehicle data server 128, and to respond to restart requests 136 to recharge the vehicle 102 battery. While an example system 100 is shown in FIG. 1, the example components as illustrated are not intended to be limiting. Indeed, the system 100 may have more or fewer components, and additional or alternative components and/or implementations may be used.”)
is charged using the power that is produced while the internal combustion engine is in operation, and (see at least KHONIZI, ¶ 0015)
the specified period of time is a period of time that is needed to charge the battery to a level equal to or higher than a threshold. (see at least KHONIZI, ¶ 0024, “The vehicle data server 128 may be configured to maintain the vehicle charge times 126 indicative of the last time that the vehicle 102 was charged. The vehicle charge times 126 may indicate, a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In other examples, the vehicle charge times 126 may be indicative of times at which the battery 104 achieves a predefined state of charge (e.g., falls below a predefined state of charge threshold). In some instances, the precision of the vehicle charge times 126 may be to the nearest day, while in other cases, the precision of the vehicle charge times 126 may be to the hour, minute, and/or second.”; ¶ 0042, “At 408, the vehicle 102 runs the engine for a predefined time interval. In an example, the vehicle 102 may perform a remote start, and may run for a predefined time interval. In some cases, the predefined time interval is the same as the time interval used by the vehicle 102 to turn off the vehicle 102 when remote start is activated from a key fob but the user never enters the vehicle 102 and completes the start sequence. As one possibility, the predefined time interval may be ten minutes. Or, the predefined time interval may be longer than the remote start interval, and may be, e.g., twenty or thirty minutes. After operation 408, control returns to operation 402. It should be noted that running of the engine at 408 may further trigger a vehicle status event at operation 402, thereby sending a new charge time 126 message at operation 404.”)
Regarding claim 10:
With regards to claim 10, this claim is the method claim to apparatus claim 1 and substantially similar to claim 1 and is therefore rejected using the same references and rationale.
Regarding claim 17:
With regards to claim 17, this claim is substantially similar to claim 8 and is therefore rejected using the same references and rationale.
Claims 2-4 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over KHONIZI (US 20180238289 A1) in view of TURNER (US 6362599 B1) in further view of MATSUBARA (US 20050010336 A1).
Regarding claim 2:
KHONIZI in view of TURNER discloses the limitations within claim 1 and KHONIZI further discloses:
in response to the second period of time elapses after the internal combustion engine has stopped operating, (see at least KHONIZI, ¶ 0024, “The vehicle data server 128 may be configured to maintain the vehicle charge times 126 indicative of the last time that the vehicle 102 was charged. The vehicle charge times 126 may indicate, a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In other examples, the vehicle charge times 126 may be indicative of times at which the battery 104 achieves a predefined state of charge (e.g., falls below a predefined state of charge threshold). In some instances, the precision of the vehicle charge times 126 may be to the nearest day, while in other cases, the precision of the vehicle charge times 126 may be to the hour, minute, and/or second.”; ¶ 0032, “At 304, the vehicle data server 128 determines whether a charge job timeout has expired. In an example, the charge update application 130 of the vehicle data server 128 periodically executes a job to identify a time difference between the current time and the most recent vehicle charge times 126 for each vehicle 102 reporting to the vehicle data server 128. The predefined timeout may be, in an example, every day, week, or two weeks. If the charge timeout has expired, control passes to operation 306. Otherwise, control returns to operation 302.”)
sending the start command to the vehicle. (see at least KHONIZI, ¶ 0041, “The vehicle 102 determines whether a restart request 136 has been received at 406. In an example, the vehicle 102 may receive restart requests 136 via SMS. In another example, the vehicle 102 may receive restart requests 136 from a telematics server configured to provide secure command provisioning to vehicles 102. If a restart request 136 is received, control passes to operation 408. Otherwise, control returns to operation 402.”; ¶ 0042, “At 408, the vehicle 102 runs the engine for a predefined time interval. In an example, the vehicle 102 may perform a remote start, and may run for a predefined time interval. In some cases, the predefined time interval is the same as the time interval used by the vehicle 102 to turn off the vehicle 102 when remote start is activated from a key fob but the user never enters the vehicle 102 and completes the start sequence. As one possibility, the predefined time interval may be ten minutes. Or, the predefined time interval may be longer than the remote start interval, and may be, e.g., twenty or thirty minutes. After operation 408, control returns to operation 402. It should be noted that running of the engine at 408 may further trigger a vehicle status event at operation 402, thereby sending a new charge time 126 message at operation 404.”)
KHONIZI does not disclose, but MATSUBARA teaches:
determining whether the number of previous instances of sending the start command is less than a specified number of times; and (see at least MATSUBARA, ABSTRACT, "The present invention teaches a remote starting device which can prevent the temperature of exhaust gas from being made too high or the amount of toxic gas around a vehicle from being made too large by engine starting by remote control, being a remote starting device which has a starter for starting an engine of the vehicle when receiving an engine start command from a portable transmitter, comprising a section for deciding whether the engine starting has been frequently conducted, and a section for limiting the engine starting through receiving the engine start command from the portable transmitter when it is decided that the engine starting has been frequently conducted."; ¶ 0022, “Therefore, when the engine starting has been frequently conducted or comes to be frequently conducted (for example, the engine starting is consecutively conducted three times) in a state where the authorized user is away from the vehicle (or is not on the vehicle), the engine starting through receiving the command from the transmitter is limited. In other words, when even if the engine starting was consecutively conducted three times, the user got on the vehicle during that, the engine starting through receiving the command from the transmitter is not limited. Thus, the limitation can be applied only when necessary.”; ¶ 0101, “On the other hand, when it is judged that the counter c reads more than 3 (or that the number of times of the engine starting since the last opening of the door has already reached three times) in Step 11, it is decided that the engine starting has been frequently conducted though a situation where the user does not get on the vehicle continues. In order to notify the user that the engine start by remote control is not acceptable because of the decision, the lamp lighting device 19 is controlled so as to repeat 5 flashes of the hazard lamp twice (Step 16). Thereafter, the operation returns to Step 2. Thus, the engine starting is limited so that the number of times of the engine starting is three times at the maximum. Since this form of notification that the engine starting by remote control cannot be realized in the condition is different from the form of notification in the case where the remote starting condition has not been met, it is possible to inform the user of the reason why the engine start is not realized.”)
if it is determined that the number of previous instances is less than the specified number of times, (see at least MATSUBARA, ¶ 0099, “On the other hand, when it is judged that the remote starting condition has been met, 1 is added to the counter c (Step 10). Whether the counter c to which 1 was added reads a prescribed number of times c.sub.1 (e.g. c.sub.1=3) or less is judged (Step 11). When it is judged that the counter c reads 3 or less, or that the number of times of the engine starting has not reached three times yet since the last opening of the door (the counter c is reset at 0 when the door was opened as described in Steps 2 and 3), the prohibition of engine starting is not required. Therefore, in order to activate a self-starter motor 4, the ACC relay 16, IG relay 17 and ST relay 18 are rendered in the ON state so as to provide an ACC signal, an IG signal and a starter signal to the engine controller 3 (Step 12).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start and time until battery drain exceeds the recharge point for remind the user to remotely start the vehicle to charge the battery within KHONIZI in view of TURNER to account for the number of remote starts and running times to minimize the amount of exhaust released within MATSUBARA to yield a more efficient vehicle remote start system that minimizes the excessive fumes and heat generated from the consumption of fuel by the engine.
Regarding claim 3:
KHONIZI in view of TURNER in further view of MATSUBARA discloses the limitations within claim 2 and KHONIZI further discloses:
receiving a request signal requesting the execution of the auto-start process from a first terminal used by a user of the vehicle, (see at least KHONIZI, ¶ 0027, “The charge indication 132 may indicate to the recipient to start the vehicle 102 remotely. For instance, the charge update application 130 may send the charge indication 132 to a vehicle management application 134 installed to the user's mobile device 112, to cause the mobile device 112 to indicate to the user that the vehicle 102 should be started. The vehicle management application 134 may further provide an option allowing the user to remotely start the vehicle 102 to recharge the battery 104. For instance, the vehicle management application 134 may display a user interface to a display of the mobile device 112, including a control that, when selected, causes the vehicle management application 134 to direct the mobile device 112 to send a restart request 136 to the vehicle 102. In other examples, the charge update application 130 may cause the vehicle data server 128 to automatically direct the vehicle 102 to start remotely, without driver involvement. In such an example, the charge update application 130 may send the restart request 136 instead of sending the charge indication 132 to the mobile device 112.”)
the request signal containing information specifying (see at least KHONIZI, ¶ 0013, “FIG. 1 illustrates an example system 100 including a vehicle 102 implementing battery 104 reporting and automated recharging. The vehicle 102 may include a vehicle computing system (VCS) 106 configured to communicate over a wide-area network 122, e.g., using a mobile device 112 or a telematics control unit (TCU) 120-A. The system also includes a vehicle data server 128 configured to maintain vehicle charge times 126 received over the wide-area network 122 from the vehicle 102. The vehicle data server 128 may execute a charge application 124 configured to send a charge indication 138 to a vehicle management application 134 of the mobile device 112 associated with the vehicle 102 to be recharged. The mobile device 112 may further provide an indication to the user requesting the recharge, and if approved, may send a restart request 136 to the vehicle 102. The VCS 106 may be configured to utilize a charge application 124 installed to the VCS 106 to report the vehicle charge times 126 to the vehicle data server 128, and to respond to restart requests 136 to recharge the vehicle 102 battery. While an example system 100 is shown in FIG. 1, the example components as illustrated are not intended to be limiting. Indeed, the system 100 may have more or fewer components, and additional or alternative components and/or implementations may be used.”; ¶ 0027)
the second period of time and (see at least KHONIZI, ¶ 0042, “At 408, the vehicle 102 runs the engine for a predefined time interval. In an example, the vehicle 102 may perform a remote start, and may run for a predefined time interval. In some cases, the predefined time interval is the same as the time interval used by the vehicle 102 to turn off the vehicle 102 when remote start is activated from a key fob but the user never enters the vehicle 102 and completes the start sequence. As one possibility, the predefined time interval may be ten minutes. Or, the predefined time interval may be longer than the remote start interval, and may be, e.g., twenty or thirty minutes. After operation 408, control returns to operation 402. It should be noted that running of the engine at 408 may further trigger a vehicle status event at operation 402, thereby sending a new charge time 126 message at operation 404.”)
starting the execution of the auto-start process according to (see at least KHONIZI, ¶ 0027)
the second period of time and (see at least KHONIZI, ¶ 0042)
KHONIZI does not disclose, but MATSUBARA teaches:
the specified number of times; and (see at least MATSUBARA, ¶ 0022, “Therefore, when the engine starting has been frequently conducted or comes to be frequently conducted (for example, the engine starting is consecutively conducted three times) in a state where the authorized user is away from the vehicle (or is not on the vehicle), the engine starting through receiving the command from the transmitter is limited. In other words, when even if the engine starting was consecutively conducted three times, the user got on the vehicle during that, the engine starting through receiving the command from the transmitter is not limited. Thus, the limitation can be applied only when necessary."; ¶ 0101, “On the other hand, when it is judged that the counter c reads more than 3 (or that the number of times of the engine starting since the last opening of the door has already reached three times) in Step 11, it is decided that the engine starting has been frequently conducted though a situation where the user does not get on the vehicle continues. In order to notify the user that the engine start by remote control is not acceptable because of the decision, the lamp lighting device 19 is controlled so as to repeat 5 flashes of the hazard lamp twice (Step 16). Thereafter, the operation returns to Step 2. Thus, the engine starting is limited so that the number of times of the engine starting is three times at the maximum. Since this form of notification that the engine starting by remote control cannot be realized in the condition is different from the form of notification in the case where the remote starting condition has not been met, it is possible to inform the user of the reason why the engine start is not realized.”)
the specified number of times specified by the request signal. (see at least MATSUBARA, ¶ 0099, “On the other hand, when it is judged that the remote starting condition has been met, 1 is added to the counter c (Step 10). Whether the counter c to which 1 was added reads a prescribed number of times c.sub.1 (e.g. c.sub.1=3) or less is judged (Step 11). When it is judged that the counter c reads 3 or less, or that the number of times of the engine starting has not reached three times yet since the last opening of the door (the counter c is reset at 0 when the door was opened as described in Steps 2 and 3), the prohibition of engine starting is not required. Therefore, in order to activate a self-starter motor 4, the ACC relay 16, IG relay 17 and ST relay 18 are rendered in the ON state so as to provide an ACC signal, an IG signal and a starter signal to the engine controller 3 (Step 12).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start and time until battery drain exceeds the recharge point for reminding the user on a device GUI to remotely start the vehicle to charge the battery within KHONIZI in view of TURNER to account for the number of remote starts and running times to minimize the amount of exhaust released within MATSUBARA to yield a safer vehicle remote start system that minimizes the excessive fumes and heat generated from the consumption of fuel by the engine.
Regarding claim 4:
KHONIZI in view of TURNER in further view of MATSUBARA discloses the limitations within claim 3 and KHONIZI further discloses:
sending a notification indicating that the execution of the auto-start process is about to start to a second terminal used by a joint user of the vehicle in response to the request signal is received. (see at least KHONIZI, ¶ 0012, “Responsive to detection of a vehicle engine being turned on, a vehicle equipped with an embedded modem may send a trigger to a remote server to update a vehicle profile for the car with the current date and time. The server may periodically run a job to find out how long it has been since each vehicle has been started. If the vehicle has not been restarted for at least a predefined period of time, the server may send a notification to the vehicle owner to run the car remotely. For instance, the server may send a message to an application installed to the user's mobile device to cause the mobile device to indicate to the user that the vehicle should be started. The application may further provide an option allowing the user to remotely start the vehicle to recharge the battery. In other examples, the server may automatically direct the vehicle to remotely start, without driver involvement.”; ¶ 0035, “The charge indication 132 is sent from the vehicle data server 128 at 310. In an example, the charge update application 130 of the vehicle update server 128 accesses data indicative of identifiers of mobile devices 112 associated with the vehicles 102 to be charged. As one possibility, the vehicle data server 128 may maintain phone numbers of associated mobile devices 112 that correspond to the vehicles 102, and may send the charge indication 132 as a short message service (SMS) message to the mobile device 112. In another example, the vehicle data server 128 may maintain information indicative of a user account corresponding to the vehicle 102, and may send the charge indication 132 to that account to be retrieved by a mobile device 112 also connected to the same user account. After operation 310, control returns to operation 302.”)
EXAMINERS NOTE: Although KHONIZI does not explicitly state the presence of multiple joint-users, KHONIZI discloses the sending of messages to multiple devices regarding charging requirements. A person having an ordinary skill in the art would recognize that multiple phone numbers could be used for the notification of multiple individuals.
Regarding claim 11:
With regards to claim 11, this claim is substantially similar to claim 2 and is therefore rejected using the same references and rationale.
Regarding claim 12:
With regards to claim 12, this claim is substantially similar to claim 3 and is therefore rejected using the same references and rationale.
Regarding claim 13:
With regards to claim 13, this claim is substantially similar to claim 4 and is therefore rejected using the same references and rationale.
Claims 5-7, 9, 14-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over KHONIZI (US 20180238289 A1) in view of TURNER (US 6362599 B1) in further view of GEISSENHÖNER (US 20160368507 A1).
Regarding claim 5:
KHONIZI in view of TURNER discloses the limitations within claim 1 and KHONIZI further discloses:
in response to the second period of time elapses after the internal combustion engine has stopped operating, (see at least KHONIZI, ¶ 0024, “The vehicle data server 128 may be configured to maintain the vehicle charge times 126 indicative of the last time that the vehicle 102 was charged. The vehicle charge times 126 may indicate, a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In other examples, the vehicle charge times 126 may be indicative of times at which the battery 104 achieves a predefined state of charge (e.g., falls below a predefined state of charge threshold). In some instances, the precision of the vehicle charge times 126 may be to the nearest day, while in other cases, the precision of the vehicle charge times 126 may be to the hour, minute, and/or second.”; ¶ 0032, “At 304, the vehicle data server 128 determines whether a charge job timeout has expired. In an example, the charge update application 130 of the vehicle data server 128 periodically executes a job to identify a time difference between the current time and the most recent vehicle charge times 126 for each vehicle 102 reporting to the vehicle data server 128. The predefined timeout may be, in an example, every day, week, or two weeks. If the charge timeout has expired, control passes to operation 306. Otherwise, control returns to operation 302.”)
sending the start command to the vehicle. (see at least KHONIZI, ¶ 0027, “The charge indication 132 may indicate to the recipient to start the vehicle 102 remotely. For instance, the charge update application 130 may send the charge indication 132 to a vehicle management application 134 installed to the user's mobile device 112, to cause the mobile device 112 to indicate to the user that the vehicle 102 should be started. The vehicle management application 134 may further provide an option allowing the user to remotely start the vehicle 102 to recharge the battery 104. For instance, the vehicle management application 134 may display a user interface to a display of the mobile device 112, including a control that, when selected, causes the vehicle management application 134 to direct the mobile device 112 to send a restart request 136 to the vehicle 102. In other examples, the charge update application 130 may cause the vehicle data server 128 to automatically direct the vehicle 102 to start remotely, without driver involvement. In such an example, the charge update application 130 may send the restart request 136 instead of sending the charge indication 132 to the mobile device 112.”)
KHONIZI does not disclose, but GEISSENHÖNER teaches:
determining whether a time limit for the auto-start process has expired; and (see at least GEISSENHÖNER, ¶ 0014, “In order not to consume an unnecessary amount of fuel through the operation of the internal combustion engine in the event of an accidental triggering of the remote start signal, one embodiment of the motor vehicle provides to measure a time period since the changeover to the “remote start” state by a time control of the motor vehicle and at least to switch off the internal combustion engine if the measured time period is greater than a predetermined maximum running time, i.e., for example, is greater than 5 min or 10 min. Since a motor vehicle is then normally prepared by the first device group for driving off, an unnecessary exhaust gas emission is thereby avoided.”)
if it is determined that the time limit has not expired, (see at least GEISSENHÖNER, ¶ 0014)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start and time until battery drain exceeds the recharge point for remind the user to remotely start the vehicle to charge the battery within KHONIZI in view of TURNER to limit the running time the remote start within GEISSENHÖNER to yield a more effective remote start system that avoids excessive fuel consumption when the car is left running.
Regarding claim 6:
KHONIZI in view of TURNER in further view of GEISSENHÖNER discloses the limitations within claim 5 and KHONIZI further discloses:
receiving a request signal requesting the execution of the auto-start process from a first terminal used by a user of the vehicle, (see at least KHONIZI, ¶ 0027, “The charge indication 132 may indicate to the recipient to start the vehicle 102 remotely. For instance, the charge update application 130 may send the charge indication 132 to a vehicle management application 134 installed to the user's mobile device 112, to cause the mobile device 112 to indicate to the user that the vehicle 102 should be started. The vehicle management application 134 may further provide an option allowing the user to remotely start the vehicle 102 to recharge the battery 104. For instance, the vehicle management application 134 may display a user interface to a display of the mobile device 112, including a control that, when selected, causes the vehicle management application 134 to direct the mobile device 112 to send a restart request 136 to the vehicle 102. In other examples, the charge update application 130 may cause the vehicle data server 128 to automatically direct the vehicle 102 to start remotely, without driver involvement. In such an example, the charge update application 130 may send the restart request 136 instead of sending the charge indication 132 to the mobile device 112.”)
the request signal containing information specifying (see at least KHONIZI, ¶ 0013, “FIG. 1 illustrates an example system 100 including a vehicle 102 implementing battery 104 reporting and automated recharging. The vehicle 102 may include a vehicle computing system (VCS) 106 configured to communicate over a wide-area network 122, e.g., using a mobile device 112 or a telematics control unit (TCU) 120-A. The system also includes a vehicle data server 128 configured to maintain vehicle charge times 126 received over the wide-area network 122 from the vehicle 102. The vehicle data server 128 may execute a charge application 124 configured to send a charge indication 138 to a vehicle management application 134 of the mobile device 112 associated with the vehicle 102 to be recharged. The mobile device 112 may further provide an indication to the user requesting the recharge, and if approved, may send a restart request 136 to the vehicle 102. The VCS 106 may be configured to utilize a charge application 124 installed to the VCS 106 to report the vehicle charge times 126 to the vehicle data server 128, and to respond to restart requests 136 to recharge the vehicle 102 battery. While an example system 100 is shown in FIG. 1, the example components as illustrated are not intended to be limiting. Indeed, the system 100 may have more or fewer components, and additional or alternative components and/or implementations may be used.”; ¶ 0027)
the second period of time and (see at least KHONIZI, ¶ 0024, “The vehicle data server 128 may be configured to maintain the vehicle charge times 126 indicative of the last time that the vehicle 102 was charged. The vehicle charge times 126 may indicate, a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In other examples, the vehicle charge times 126 may be indicative of times at which the battery 104 achieves a predefined state of charge (e.g., falls below a predefined state of charge threshold). In some instances, the precision of the vehicle charge times 126 may be to the nearest day, while in other cases, the precision of the vehicle charge times 126 may be to the hour, minute, and/or second.”)
starting the execution of the auto-start process according to (see at least KHONIZI, ¶ 0027)
the second period of time and (see at least KHONIZI, ¶ 0024; ¶ 0031, “At operation 302, the vehicle data server 128 receives charge times 126 from the vehicles 102. In an example, the vehicle data server 128 receives the charge times 126 from various vehicles 102 over the wide-area network 122 responsive to and/or indicative of one or more of a time at which the vehicle 102 was most recently started, a time at which the vehicle 102 was most recently stopped, a duration of the most recent run of the vehicle 102, as some possibilities. In some examples, a vehicle 102 utilizes an embedded modem of the TCU 120-A to provide the charge times 126. In other examples, a vehicle 102 utilizes communication features of a mobile device 112 of the user located within the vehicle 102 to provide the charge times 126.”; ¶ 0034, “At operation 308, the vehicle data server 128 determines whether to send charge indications 132 to the vehicles 102 to be charged. In an example, the vehicle data server 128 may maintain information indicative of which vehicles 102 are set up to receive restart requests 316 without sending charge indications 132 to mobile devices 112, and which vehicles 102 require charge indications 132 instead. If a vehicle 102 receives charge indications 132, control passes to operation 310. If a vehicle 102 receives restart requests 136, control passes to operation 312.”)
KHONIZI does not disclose, but GEISSENHÖNER teaches:
the time limit; and (see at least GEISSENHÖNER, ¶ 0014, “In order not to consume an unnecessary amount of fuel through the operation of the internal combustion engine in the event of an accidental triggering of the remote start signal, one embodiment of the motor vehicle provides to measure a time period since the changeover to the “remote start” state by a time control of the motor vehicle and at least to switch off the internal combustion engine if the measured time period is greater than a predetermined maximum running time, i.e., for example, is greater than 5 min or 10 min. Since a motor vehicle is then normally prepared by the first device group for driving off, an unnecessary exhaust gas emission is thereby avoided.”)
the time limit specified by the request signal. (see at least GEISSENHÖNER, ¶ 0014)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start and time until battery drain exceeds the recharge point for reminding the user on a device GUI to remotely start the vehicle to charge the battery within KHONIZI in view of TURNER to limit the running time the remote start within GEISSENHÖNER to yield a more effective remote start system that avoids excessive fuel consumption when the car is left running.
Regarding claim 7:
KHONIZI in view of TURNER in further view of GEISSENHÖNER discloses the limitations within claim 6 and KHONIZI further discloses:
sending a notification indicating that the execution of the auto-start process is about to start to a second terminal used by a joint user of the vehicle in response to the request signal is received. (see at least KHONIZI, ¶ 0012, “Responsive to detection of a vehicle engine being turned on, a vehicle equipped with an embedded modem may send a trigger to a remote server to update a vehicle profile for the car with the current date and time. The server may periodically run a job to find out how long it has been since each vehicle has been started. If the vehicle has not been restarted for at least a predefined period of time, the server may send a notification to the vehicle owner to run the car remotely. For instance, the server may send a message to an application installed to the user's mobile device to cause the mobile device to indicate to the user that the vehicle should be started. The application may further provide an option allowing the user to remotely start the vehicle to recharge the battery. In other examples, the server may automatically direct the vehicle to remotely start, without driver involvement.”; ¶ 0035, “The charge indication 132 is sent from the vehicle data server 128 at 310. In an example, the charge update application 130 of the vehicle update server 128 accesses data indicative of identifiers of mobile devices 112 associated with the vehicles 102 to be charged. As one possibility, the vehicle data server 128 may maintain phone numbers of associated mobile devices 112 that correspond to the vehicles 102, and may send the charge indication 132 as a short message service (SMS) message to the mobile device 112. In another example, the vehicle data server 128 may maintain information indicative of a user account corresponding to the vehicle 102, and may send the charge indication 132 to that account to be retrieved by a mobile device 112 also connected to the same user account. After operation 310, control returns to operation 302.”)
EXAMINERS NOTE: Although KHONIZI does not explicitly state the presence of multiple joint-users, KHONIZI discloses the sending of messages to multiple devices regarding charging requirements. A person having an ordinary skill in the art would recognize that multiple phone numbers could be used for the notification of multiple individuals.
Regarding claim 9:
KHONIZI in view of TURNER discloses the limitations within claim 1 and KHONIZI further discloses:
the start command comprises a command for starting the internal combustion engine and (see at least KHONIZI, ¶ 0004, “In one or more illustrative embodiments, a method includes sending a vehicle start time to a remote server responsive to an engine event of a vehicle; and restarting the vehicle according to receipt of a restart request received from the remote server responsive to a periodic process performed by the remote server identifying that the engine event occurred at least a predefined period of time ago.”)
KHONIZI does not disclose, but GEISSENHÖNER teaches:
causing an air conditioning system provided in the vehicle to operate. (see at least GEISSENHÖNER, ¶ 0006, “In the case of a motor vehicle having a remote start unit, only the use of a predetermined device group is possible in the “remote start” state, the group including one or more devices of the motor vehicle with which the driving off is prepared. One of these devices is normally an air conditioning unit for heating the passenger compartment or the engine. If, in a remotely started motor vehicle, a person then initially wishes to use a device that is not necessary for driving off, i.e., a comfort device, such as, for example, a window opener, a device of this type cannot normally be switched on in the “remote start” state. The person must therefore first drive off a short distance with the motor vehicle so that the control mechanism of the remote start unit is deactivated. Only then can the person, for example, switch off the internal combustion engine itself and operate the comfort devices with the ignition switched on.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the vehicle data server for tracking time since last vehicle start and time until battery drain exceeds the recharge point for remind the user to remotely start the vehicle to charge the battery within KHONIZI in view of TURNER to be utilized to remotely run the vehicle air conditioning on demand within GEISSENHÖNER to effectively have a vehicle remote start system that recharges the battery and allows for the vehicle to cool.
Regarding claim 14:
With regards to claim 14, this claim is substantially similar to claim 5 and is therefore rejected using the same references and rationale.
Regarding claim 15:
With regards to claim 15, this claim is substantially similar to claim 6 and is therefore rejected using the same references and rationale.
Regarding claim 16:
With regards to claim 16, this claim is substantially similar to claim 7 and is therefore rejected using the same references and rationale.
Regarding claim 18:
With regards to claim 18, this claim is substantially similar to claim 9 and is therefore rejected using the same references and rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HARUMOTO (US 20130151132 A1)
¶ 0038, “The remote starter 10 is installed in a vehicle to control the vehicle in accordance with the control information transmitted by the center 30. The remote starter 10 that is communicatively connected to the center 30 and transmits to the center 30 vehicle information including position information at a predetermined timing, and receives via the center 30 the control information including a request for starting from the mobile terminal 20. Upon receiving the request for starting from the center 30, the remote starter 10 implements controls for starting of a driving apparatus and various apparatuses on the vehicle. Upon starting the driving apparatus of the vehicle, the remote starter 10 obtains time information at a time of starting, and transmits the obtained time information at the time of starting to the center 30 at the time of starting the driving apparatus. Upon starting the driving apparatus of the vehicle by the request for starting received from the center 30, the remote starter 10 automatically stops the driving apparatus after predetermined period of time, that is, warming-up time has elapsed.”
WATSON (US 20180334979 A1)
¶ 0007, “In another aspect, the disclosure provides a method for automatically starting a work vehicle. The method includes receiving, in a monitoring mode by a controller, a first sensor signal indicative of a first parameter associated with the work vehicle; evaluating, in the monitoring mode by the controller, a first start initiation condition stored in a data store in view of the first parameter; generating, in the monitoring mode by the controller, a start command when the first parameter satisfies the first start initiation condition; operating, upon generating the start command by the controller, in a cycling mode; evaluating, in the cycling mode by the controller, a first stop initiation condition stored in the data store in view of a second parameter; and generating, in the cycling mode by the controller, a stop command for the starter device when the second parameter satisfies the first stop initiation condition.”
CICCONE (US 20210094438 A1)
¶ 0003, “A vehicle includes a combustion engine configured to output mechanical power and an electric machine coupled to the engine and configured to convert the mechanical power to electrical power. The vehicle also includes a battery configured to exchange electrical power with the electric machine. The vehicle further includes a controller programmed to receive a user input indicative of at least one of a desired storage duration and a storage location and monitor a battery state of charge (SOC). In response to the SOC depleting to less than a predetermined threshold while the vehicle is stored, the controller is programmed to auto-start the engine to generate power to recharge the battery. The controller is also programmed to deactivate the engine in response to the SOC exceeding the predetermined threshold while the vehicle is stored. The controller is further programmed to maintain a count of engine auto-starts that occur while the vehicle is continuously stored between drive cycles, and in response to the count exceeding a count threshold, perform an extended engine idle to burn residual excess fuel intermixed with engine oil.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL VELASQUEZ VANEGAS whose telephone number is (571)272-6999. The examiner can normally be reached M-F 9 - 4.
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/RAFAEL VELASQUEZ VANEGAS/Patent Examiner, Art Unit 3664
/JOAN T GOODBODY/Examiner, Art Unit 3664