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) 1-2, 6-12, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makkinejad (2013/0289,805) in view of Kato et al (2015/0094949.
Makkinejad teaches a computer with one or more processor and a memory device 315, wherein the computer executes computer-readable instructions for at least one interaction with at least one user device 130, 230, 330; and a network connection 305 operatively connecting the at least one user device 130, 230, 330 to the computer; wherein, upon execution of the computer-readable instructions, the computer is configured to: initiate providing, via a graphical user interface 316 (see [0016]) of the at least one user device , a railway crossing to a user on the at least one user device, wherein the at least one user device is configured to wirelessly communicate 308 with the computer via the railway crossing; receive, via the railway crossing on the at least one user device, railway crossing data 326; store the railway crossing data (see step 506 in figure 5) in at least one database 336; receive, via the railway crossing, at least one railway crossing data request ; (see step 602 in figure 6) and transmit, via the railway crossing, a communication to the at least one user device 130, 230, 330 in response to the at least one railway crossing data request (See figures 2-3, 5-6, [0013]-[0016], [0023]). Makkinejad does not teach an application installation on the user device. Kato et al teach an application installation on the user device (see [0063]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to employ the application of railway crossing install on the user device of Makkinejad as taught by Kato et al in order to avoid distraction from making phone call requesting the railway crossing data while operating the vehicle.
For claims 2, 12 receive railway crossing data from a railway crossing device and/or a third party source (see Makkinejad [0018]).
For claims 6, 16 transmit another communication to the at least one user device when a change in the previously transmitted railway crossing data has occurred (see Makkinejad [0018]).
For claims 7, 17 communication with or includes a vehicle navigation system (see Makkinejad [0017]).
For claims 8, 18 the communication is received via the graphical user interface of the at least one user device (see Makkinejad [0016]).
For claims 9, 19 communication is a graphical communication displayed on the graphical user interface of the at least one user device (see Makkinejad [0016]).
For claims 10, 20 the railway crossing data comprises a railway crossing status (see Makkinejad [0021]).
Allowable Subject Matter
Claims 3-5, 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/HAI H HUYNH/Primary Examiner, Art Unit 3747