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 .
Claim Objections
2. Claim 1 is objected to because of the following informalities: For claim 1, the words ‘the specified period of time’ in the last limitation of claim need to be changed into the words ‘a specified period of time’ as the word ‘specified period’ is not recited before in the claim. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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3. Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17, 18, 9-11 and 16 of U.S. Pat. No. 12471153 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are substantially similar to the corresponding claims of above US patent.
Regarding claim 1, U.S. Pat. No. 12,471,153 B2 teaches a system for generating an event session for a vehicle (see claim 17, preamble), the system comprising: a mobile device for a vehicle (see claim 17, limitation 1); a connected vehicle comprising on-board data for the vehicle (see claim 17, limitation 2); an assigning authority engine residing at a server (see claim 17, limitation 3); an on-vehicle source (see claim 17, limitation 7); and at least one off-board source selected from a group comprising at least one database, at least one cloud source, or at least one physical structure with a communication device (see claim 17, limitation 4); wherein the assigning authority is configured to access data over for the vehicle comprising a known operator profile and at least one of a data event or a sensor event data (see claim 17, limitation 5); wherein the assigning authority engine is configured to inform an instruction set based on the data and at least one input from off-vehicle data and on-vehicle data (see claim 17, limitation 7); wherein the assigning authority engine is configured to initiate a record of one or more outputs into a super-set of outputs to generate an event session, wherein the record is from a camera of the vehicle (see claim 17, limitation 8); wherein the assigning authority engine is configured to associate the event session with a single common time signature and event (see claim 17, limitation 9); wherein the event session provides a record of a defined data set from at least one data stream of the vehicle during the specified period of time (see claim 17, limitation 10).
Regarding claim 2, U.S. Pat. No. 12,471,153 B2 further teaches the system according to claim 1 wherein the data comprises at least one of PSI, barometer, altimeter, speedometer, odometer, video, audio, radar, LIDAR, or infrared (see claim 18).
Regarding claim 3, U.S. Pat. No. 12,471,153 B2 further teaches the system
according to claim 1 wherein the assigning authority engine is configured to access data over a fixed wireless network for the mobile object (see claim 16).
Regarding claim 4, U.S. Pat. No. 12,471,153 B2 further teaches the system according to claim 1 wherein the at least one off-vehicle source is at least one physical infrastructure with the communication device selected from the group comprising a building, a gate, an access controlled point of entry, a parking structure, a weigh station, a toll collection structure, a fueling equipment or a vehicle service equipment (see claim 9).
Regarding claim 5, U.S. Pat. No. 12,471,153 B2 further teaches the system according to claim 1 wherein the at least one off-vehicle source is at least one cloud source selected from the group comprising a public cloud source, a private cloud source, a hybrid cloud source, or a multi-cloud source (see claim 10).
Regarding claim 6, U.S. Pat. No. 12,471,153 B2 further teaches the system according to claim 1 wherein the at least one off-vehicle source is at least one database and a mobile application operating on a mobile device, and the data originates from the mobile application (see claim 11).
Claim Rejections - 35 USC § 103
4. 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 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.
5. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
6. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Penilla et al. (US Pub. No: 2016/0080500 A1) in view of Nano et al. (US Pub. No: 2016/0063080 A1).
Regarding claim 1, Penilla et al. teach a system for generating an event session for a vehicle (see Abstract and Figures 10 & 17), the system comprising: a mobile device for a vehicle (see Fig.10 & para [0122] wherein user entering the vehicle, such as a shared vehicle 200, is mentioned and also see paragraphs [0061] & [0123]); a connected vehicle comprising on-board data for the vehicle (see para [0123] wherein Vehicle electronics and logic 400 being in communication with cloud services 120, is mentioned and also see para [0010]); an assigning authority engine residing at a server (see para [0010] wherein a communication link between a computing device being associated with a vehicle and a server, is mentioned and also see para [0029] wherein the server executing cloud processing logic to perform operations and client devices and vehicles devices communicating with the server and cloud processing logic to exchange data, is mentioned and also see para [0157]); an on-vehicle source (see para [0144] wherein vehicle on board computer 1906 being comprised of components such as the network interface 1910, memory 1912, a central processing unit 1914/processor, is mentioned and also see para [0211]); and
at least one off-board source selected from a group comprising at least one database, at least one cloud source, or at least one physical structure with a communication device (see para [0050] wherein the cloud services providing access to user accounts and access to settings, configurations, applications and other customization defined by the user, is mentioned and also see paragraphs [0051] & [0103]);
wherein the assigning authority is configured to access data over for the vehicle comprising a known operator profile and at least one of a data event or a sensor event data (see para [0103] wherein the user profiles are continuously updated (that can include a data event) and stored to a database 115, which is accessible by cloud services 120, is mentioned & database 115 including data storage, such as cloud storage, data center databases, distributed databases, local storage on vehicles, network storage, etc. is mentioned and see para [0170] wherein receiving sensor data from the vehicle & the sensor data being associated to particular ones of the plurality of actions, is mentioned and also see paragraphs [0139] & [0146]);
wherein the assigning authority engine is configured to inform an instruction set based on the data and at least one input from off-vehicle data and on-vehicle data (see para [0011] wherein setting a time to send a programming instruction to the vehicle and sending the programming instruction to the vehicle to cause the vehicle to programmatically perform a programmed action to implement at least one of the action recommendations, is mentioned and also see para [0076] wherein the setting also including providing access to the user account to view historical driving patterns, recent driving activities, the performance of the vehicle during specific driving sessions, the performance of specific vehicle components, etc. is mentioned);
wherein the assigning authority engine is configured to initiate a record of one or more outputs into a super-set of outputs to generate an event session, wherein the record is from a camera of the vehicle (see para [0084] wherein login settings that can be set and remotely administered including but are not limited to, driving characteristics (rate of speed, fuel consumption guidelines), location based settings (GPS aided travel restrictions, travel radius boundaries, dynamically loading maps, dynamically loading directions, dynamically loading fuel, charge and battery service and purchase locations etc.), time of day based use restrictions (day driving only for example), etc. is mentioned, also see para [0086] wherein combinations of settings or setting profiles being set as well, is mentioned, and see para [0122] wherein the vehicle 200 including a plurality of cameras, such as cameras 404, 408, 410, 412, 402, etc. & any one of these cameras can be accessed from a remote location, if the user's profile provides access, or the privacy setting allows such access, is mentioned and also see para [0010] wherein the communication link being established for one or more sessions & the plurality of actions being received during the one or more sessions, and generating, by the server, a recommendation to program a setting at the vehicle, is mentioned);
wherein the event session provides a record of a defined data set from at least one data stream of the vehicle during the specified period of time (see para [0069] wherein settings and profile data being shared for a period of time on any vehicle and use data on that vehicle can be stored, is mentioned, also see para [0076] wherein the setting also including providing access to the user account to view historical driving patterns, recent driving activities, the performance of the vehicle during specific driving sessions, the performance of specific vehicle components, etc. is mentioned and also see para [0139] wherein system useful for running APPS on vehicle operating systems accepting inputs by a user 121, cloud services 120 via data streams, vehicle systems feedback and data streams 1812 used by a controller 1804, is mentioned).
Penilla et al. is silent in teaching the above system comprising wherein the assigning authority engine is configured to associate the event session with a single common time signature and event.
However, Nano et al. teach a system (see Abstract and Fig.7) comprising wherein the assigning authority engine is configured to associate the event session with a single common time signature and event (see para [0020] wherein in the Application Program Interface (API) described below, each event has an associated single time stamp/signature representing when the event was generated, is mentioned and also see paragraphs [0016] & [0025]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above system of Penilla et al. to have the assigning authority engine being configured to associate the event session with a single common time signature and event, disclosed by Nano et al. in order to provide an effective mechanism for efficiently performing the formulation of transformations on one or more input event streams to generation of one or more output event streams and also efficiently using the event query that includes a transformation module identifying the transformation set to be performed on the input event streams in the execution context in computing system.
Regarding claim 2, Penilla et al. and Nano et al. together teach the system according to claim 1.
Penilla et al. further teach the system according to claim 1 wherein the data comprises at least one of PSI, barometer, altimeter, speedometer, odometer, video, audio, radar, LIDAR, or infrared (see para [0127] wherein the cameras being accessed to view historical uses by the user, or can be access to view current and live video of the vehicle, is mentioned and also see para [0141]).
Regarding claim 3, Penilla et al. and Nano et al. together teach the system according to claim 1.
Penilla et al. further teach the system according to claim 1 wherein the assigning authority engine is configured to access data over a fixed wireless network for the mobile object (see para [0146] wherein the vehicle may also send and receive data wirelessly in order to establish a connection with a peer-to-peer wireless network, is mentioned and also see para [0203] wherein the vehicle being able to connect to the Internet to allow a user, via a remote cloud service, to access features of the vehicle, is mentioned).
Regarding claim 4, Penilla et al. and Nano et al. together teach the system according to claim 1.
Penilla et al. further teach the system according to claim 1 wherein the at least one off-vehicle source is at least one physical infrastructure with the communication device selected from the group comprising a building, a gate, an access controlled point of entry, a parking structure, a weigh station, a toll collection structure, a fueling equipment or a vehicle service equipment (see para [0145] wherein the vehicle computer 1906 has the ability to transmit, receive and process information using wired or wireless connections, is mentioned and also such wireless devices including but are not limited to wireless displays 210b, portable smart phones 210a, portable computers, 210c and even stationary objects, structures, buildings, toll bridges, other vehicles etc., is mentioned).
Regarding claim 5, Penilla et al. and Nano et al. together teach the system according to claim 1.
Penilla et al. further teach the system according to claim 1 wherein the at least one off-vehicle source is at least one cloud source selected from the group comprising a public cloud source, a private cloud source, a hybrid cloud source, or a multi-cloud source (see para [0103] wherein the user profiles are continuously updated and stored to a database 115, which is accessible by cloud services 120, is mentioned & database 115 including data storage, such as cloud storage, data center databases, distributed databases, local storage on vehicles, network storage, etc. is mentioned).
Regarding claim 6, Penilla et al. and Nano et al. together teach the system according to claim 1.
Penilla et al. further teach the system according to claim 1 wherein the at least one off-vehicle source is at least one database and a mobile application operating on a mobile device and the data originates from the mobile application (see para see para [0081] wherein when a user logs into a vehicle, the vehicle determining locally on board or communicating remotely with a central or distributed access management system ( that includes one off-board data is generated from at least one off-board source selected from a group comprising at least one database) to determine the validity of the login presented to the system, is mentioned and also see para [0090] wherein the alert being sent wirelessly to an email address, texted via mobile phone number or sent to a mobile device having a login-profile mobile application capable of sharing current vehicle location, speed, fuel status among other metrics, is mentioned).
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hiruta et al. (US Pub. No: 2019/0293439 A1) disclose mechanisms relating to a vehicle control device and a program that make it possible for a portable terminal device and an in-vehicle control device to communicate with each other.
Steffey et al. (US Pub. No: 2016/0277923 A1) disclose mechanisms relating to performing secure Bluetooth communication between a vehicle terminal and a user terminal.
Villa-Real (US Pub. No: 2014/0162598 A1) disclose mechanisms relating to all in-one wireless mobile telecommunication devices, methods and systems providing greater customer-control, instant-response anti-fraud/anti-identity theft protections with instant alarm, messaging and secured true-personal identity verifications in wireless communication system.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SRINIVASA REDDIVALAM whose telephone number is (571)270-3524. The examiner can normally be reached on Mon-Fri 9:30 AM - 6:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SRINIVASA R REDDIVALAM/Primary Examiner, Art Unit 2477 10/14/2026
