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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101 (Abstract Idea)
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15 – 34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 15 recites
“method for granting access to an object among users of the object, the method comprising: obtaining information about a position of the object; and transferring the information about the position of the object to a recipient of information for access to the object.”
Step 1: Claim 15 is a method claim.
Step 2A: Prong 1: The limitations of claim 15 “… obtaining information about a position of the object; and transferring the information about the position of the object to a recipient of information for access to the object”
as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitations in the human mind with the aid of pen and paper but for the recitation of generic computer components. Except for the words “non-transitory computer storage medium having a computer program comprising commands which, during the execution of the computer program by a computer, A device …” nothing in the claim element precludes the steps from practically being performed in the human mind with the aid of pen and paper. For example, but for the “non-transitory computer storage medium having a computer program comprising commands which, during the execution of the computer program by a computer” language, the steps of “obtaining … transferring …” encompass getting and transmitting an information about an object. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Prong 2: This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements “obtaining information about a position of the object; and transferring the information about the position of the object to a recipient of information for access to the object” to perform the steps “obtaining … transferring …” The steps are recited at a high-level of generality (i.e., as a generic computer performing generic computer functionality) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. Moreover, the dependent claims (16-27) recite “wherein the information for access comprises a key for access to the object or an invitation to obtain the key; … wherein transferring the information about the position of the object comprises transferring the information about the position of the object together with the information for access… wherein the information about the position indicates at least one of the group consisting of: an address that indicates the position of the object; a user input that indicates the position of the object; position data of a satellite-based positioning system that indicates the position of the object; and geographical coordinates that indicate the position of the object” among others in dependent claims These steps are merely insignificant extra-solution activity (data gathering and broadcasting/transmission), which does not amount to an inventive concept. See MPEP 2106.05(g). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using “obtaining information about a position of the object; and transferring the information about the position of the object to a recipient of information for access to the object” to perform the steps “obtaining … transferring …” amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Furthermore, the additional elements of “wherein the information for access comprises a key for access to the object or an invitation to obtain the key; … wherein transferring the information about the position of the object comprises transferring the information about the position of the object together with the information for access… wherein the information about the position indicates at least one of the group consisting of: an address that indicates the position of the object; a user input that indicates the position of the object; position data of a satellite-based positioning system that indicates the position of the object; and geographical coordinates that indicate the position of the object” are merely insignificant extra-solution activity (data gathering and broadcasting/transmission), and moreover, these receiving steps are well-known, routine and conventional activities in the art. See MPEP 2106. 05(d).II.i (Receiving or transmitting data over a network). Hence, these additional elements do not amount to an inventive concept. The claim is not patent eligible.
Claims 28, 29, 30, 33, 34 are computing system and computer readable medium claims respectively that correspond to the method of claim 15. The recitation of a generic computing system and executable instructions to perform an otherwise ineligible abstract idea is insufficient to limit the claims to patent eligible subject matter. Claims 28, 29, 30, 33, 34 are not patent eligible.
Dependent claims 16 – 27 further identify well-known, routine and conventional means of data gathering and transmission. Official notice is taken that obtaining location information and transmissions are well-understood, routine and conventional activities in the art.
Therefore, all the corresponding dependent claims are also rejected for the same rationales as the independent claims.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1) / (2) as being unpatentable over Buttolo et al (US 9,875,589), But..
Claim 15: But teaches a method for granting access to an object among users of the object, the method comprising: obtaining information about a position of the object; (Fig. 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location).
and transferring the information about the position of the object to a recipient of information for access to the object. (C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle; C2L44-48: A mobile device that detects the broadcast may be configured to decrypt the message and use vehicle identifier and vehicle location included within the broadcast to confirm that the detected vehicle access broadcast is from a correct vehicle).
Claim 16: But teaches the method as claimed in claim 15, wherein the information for access comprises a key for access to the object or an invitation to obtain the key. (C9L8-13: web server of the server may communicate with the processor of the mobile device and may indicate the device identifier, the vehicle identifier, the location offset, and the encryption key to be used to communicate with the vehicle to request access to the vehicle).
Claim 17: But teaches the method as claimed in claim 16, wherein transferring the information about the position of the object comprises transferring the information about the position of the object together with the information for access. (C7L27-39: An authentication controller may send out an encrypted broadcast indicating that a vehicle access may be available to an authorized user. The encrypted broadcast may be secured using the preshared encryption key associated with the current transaction and include the received vehicle identifier and a current vehicle location offset using the location offset value).
Claim 18: But teaches the method as claimed in claim 15, wherein the information about the position indicates at least one of the group consisting of: an address that indicates the position of the object; a user input that indicates the position of the object; position data of a satellite-based positioning system that indicates the position of the object; and geographical coordinates that indicate the position of the object. (C3L58-65: The in-vehicle networks may allow the computing platform to communicate with other vehicle systems, such as an in-vehicle modem, a global positioning system (GPS) controller configured to provide current vehicle location and heading information, and various vehicle controllers configured to provide other types of information regarding the systems of the vehicle).
Claim 19: But teaches the method as claimed in claim 18, wherein transferring the information about the position of the object comprises transferring the information about the position of the object together with the information for access. (C7L27-39: An authentication controller may send out an encrypted broadcast indicating that a vehicle access may be available to an authorized user. The encrypted broadcast may be secured using the preshared encryption key associated with the current transaction and/or include the received vehicle identifier and a current vehicle location offset using the location offset value).
Claim 20: But teaches the method as claimed in claim 18, wherein obtaining the information about the position comprises receiving the information about the position from the object. (C3L58-65: The in-vehicle networks may allow the computing platform to communicate with other vehicle systems, such as an in-vehicle modem, a global positioning system (GPS) controller configured to provide current vehicle location and heading information, and various vehicle controllers configured to provide other types of information regarding the systems of the vehicle).
Claim 21: But teaches the method as claimed in claim 15, wherein the information about the position comprises information about a current location of the object. (C8L11-24: In response to the received mobile device identifier corresponding to the device identifier stored with the instructions, a location verification controller compares a received mobile device location with current location of the vehicle. In an example, the location verification controller reverses application of the location offset as received in the instructions prior to comparing the received mobile device location with the current vehicle location).
Claim 22: But teaches the method as claimed in claim 15, wherein transferring the information about the position of the object comprises transferring the information about the position of the object together with the information for access. (C7L27-39: An authentication controller may send out an encrypted broadcast indicating that a vehicle access may be available to an authorized user. The encrypted broadcast may be secured using the preshared encryption key associated with the current transaction and/or include the received vehicle identifier and a current vehicle location offset using the location offset value).
Claim 23: But teaches the method as claimed in claim 15, wherein obtaining the information about the position comprises receiving the information about the position from the object. (C3L58-65: The in-vehicle networks may allow the computing platform to communicate with other vehicle systems, such as an in-vehicle modem, a global positioning system (GPS) controller configured to provide current vehicle location and heading information, and various vehicle controllers configured to provide other types of information regarding the systems of the vehicle).
Claim 24: But teaches the method as claimed in claim 15, wherein obtaining the information about the position comprises obtaining a user input containing information specifying the position. (C6L30-39: a transaction request receipt controller of the server may process the user input received by the web server, such as, but not limited to, ... pick-up location, destination).
Claim 25: But teaches the method as claimed in claim 15, wherein the method is carried out by a terminal separate from the object. (See Figs. 2, 3: mobile device 152 is separate from the vehicle 102).
Claim 26: But teaches the method as claimed in claim 15, wherein the method is carried out by a separate server. (C5L4-9, Fig. 3: the computing platform and the mobile devices may each be in communication with a ride-share transaction server (hereinafter, server) configured to receive a ride-share transaction request from communicate the mobile devices and generate and distribute to the vehicle and the mobile devices).
Claim 27: But teaches the method as claimed in claim 15, wherein the object comprises a vehicle or a real- estate property. (See Figs. 1-3: vehicle).
Claim 28: But teaches a non-transitory computer storage medium having a computer program comprising commands which, during the execution of the computer program by a computer, cause said computer to carry out the method of claim 15. (See Figs. 1-3, 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location; C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle; C2L44-48: A mobile device that detects the broadcast may be configured to decrypt the message and use vehicle identifier and vehicle location included within the broadcast to confirm that the detected vehicle access broadcast is from a correct vehicle).
Claim 29: But teaches a device for granting access to an object among users of the object, the device comprising: one or more interfaces for communication; and a data processing circuit configured to carry out the method as claimed in claim 15 using the one or more interfaces. (See Figs. 1-3, 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location; C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle; C2L33-35: Using the communication interface, the users may wirelessly control one or more in-vehicle components or features; C2L44-48: A mobile device that detects the broadcast may be configured to decrypt the message and use vehicle identifier and vehicle location included within the broadcast to confirm that the detected vehicle access broadcast is from a correct vehicle).
Claim 30: But teaches a method for a recipient of information for accessing an object and for granting access to an object among users of the object, the method comprising: receiving the information for access to the object; and receiving information about a position of the object. (See Figs. 1-3, 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location; C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle).
Claim 31: But teaches the method as claimed in claim 30, further comprising displaying the information about the position of the object. (C1L47-50: the location offset using a predefined offset value, and responsive to receiving an access confirmation from the vehicle having interpreted the request, display a confirmation notification).
Claim 32: But teaches the method as claimed in claim 30, further comprising performing navigation based on the information about the position of the object. (C3L12-13: Telematics services may include, as some nonlimiting possibilities, navigation, tum-by-turn directions).
Claim 33: But teaches a non-transitory computer storage medium having a computer program comprising commands which, during the execution of the computer program by a computer, cause said computer to carry out the method of claim 30. (See Figs. 1-3, 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location; C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle; C2L44-48: A mobile device that detects the broadcast may be configured to decrypt the message and use vehicle identifier and vehicle location included within the broadcast to confirm that the detected vehicle access broadcast is from a correct vehicle).
Claim 34: But teaches a device for granting access to an object among users of the object, the device comprising: one or more interfaces for communication; and a data processing circuit configured to carry out the method as claimed in claim 30 using the one or more interfaces. (See Figs. 1-3, 4A-B: authentication of the vehicle and the mobile device for granting access to the vehicle. C1L20-40: A system includes a controller of a vehicle, configured to responsive to location information received from a positioning system indicating a vehicle location corresponding to a predefined location; C1L20-40: broadcast a notification including the vehicle location, and responsive to receiving a request including a device location from a mobile device having interpreted the broadcast, permit access to the vehicle; C2L33-35: Using the communication interface, the users may wirelessly control one or more in-vehicle components or features; C2L44-48: A mobile device that detects the broadcast may be configured to decrypt the message and use vehicle identifier and vehicle location included within the broadcast to confirm that the detected vehicle access broadcast is from a correct vehicle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Badri Champakesan whose telephone number is (571)270-3867. The examiner can normally be reached M-F: 8.30am-4.30pm (EST). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jung Kim can be reached at (571) 272-3804. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BADRINARAYANAN /Primary Examiner, Art Unit 2494.
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