DETAILED ACTION
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 .
Status of Claims
2. This Office Action is in response to the initial filing of application #19/173,992 on 12/15/2025.
3. Claims 1-20 have been cancelled.
4. New claims 21-40 have been added.
5. Claims 21-40 are currently pending and are considered below.
Information Disclosure Statement
6. The information disclosure statement (IDS) submitted on 04/15/2025; 05/28/2025 and 01/06/2026 are 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
7. 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.
8.. Claims 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Representative claim 35, recites a method, which is a statutory class, the method, comprising:
receiving a registration request indicating a vehicle data stream to be registered;
generating, upon an approval of the registration request, a mapping between vehicle
data of the vehicle data stream to be registered and a given vehicle attribute;
receiving, from an automotive application, a request to subscribe to the given vehicle attribute, wherein the given vehicle attribute is selected using a discovery service, wherein the discovery service maintains entries for vehicle attributes for a plurality of vehicles, and wherein the entries comprise metadata that provide information about the vehicle attributes;
performing, based on an approval of the subscription request, one or more configuration operations to enable the automotive application to receive streaming data from the registered vehicle data stream associated with the given vehicle attribute; and
providing to the automotive application, the received streaming data from the registered vehicle data stream associated with the given vehicle attribute.
The steps of,
receiving a registration request indicating a vehicle data stream to be registered;
generating, upon an approval of the registration request, a mapping between vehicle
data of the vehicle data stream to be registered and a given vehicle attribute;
receiving, from an automotive application, a request to subscribe to the given vehicle attribute, wherein the given vehicle attribute is selected using a discovery service, wherein the discovery service maintains entries for vehicle attributes for a plurality of vehicles, and wherein the entries comprise metadata that provide information about the vehicle attributes;
performing, based on an approval of the subscription request, one or more configuration operations to enable the automotive application to receive streaming data from the registered vehicle data stream associated with the given vehicle attribute; and
providing to the automotive application, the received streaming data from the registered vehicle data stream associated with the given vehicle attribute,
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method for a vehicle data streaming service to allow management of the vehicle attribute catalog and subscriptions of user destinations. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to improving vehicle data streaming service.
If a claim limitation, under its broadest reasonable interpretation, covers commercial interaction such as commercial interaction, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a processor, memory, a computing device. The computing device is recited at a high level of generality (i.e., as a generic processor performing a generic computer functions of receiving a registration request; generating, a mapping between vehicle data of the vehicle data stream; receiving, a request to subscribe to the given vehicle attribute; performing, one or more configuration operations to enable the automotive application to receive streaming; and providing to the automotive application, the received streaming data) such that they amount to no more than mere instructions to apply the exception using generic computer components. 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.
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 elements of a processor, memory and a computing device, amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334); generating a second menu from a first menu and sending the menu to the second location as performed by a generic computer components (Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1243-44). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is already present when the steps are considered separately. That is, a processors, a memory and a computing device, performing commercial interactions including:
receiving a registration request; generating, a mapping between vehicle data of the vehicle data stream; receiving, a request to subscribe to the given vehicle attribute; performing, one or more configuration operations to enable the automotive application to receive streaming; and providing to the automotive application, the received streaming data, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, independent claims 21, 29 and 35 are not eligible.
As for dependent claims 22-28, 30-34 and 36-40, these claims recite limitations that further define the same abstract idea in claims 21, 29 and 35. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
Claims 21-40 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 102
9. 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.
10. 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)(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.
11. Claims 21, 23-29, 31-35 and 37-40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Botticelli (U.S. Pub. No. 2016/050269).
Claims 21, 29 and 35: Botticelli disclose one or more non-transitory, computer-readable storage media storing program instructions that, when executed on or more processors, cause the one or more processors to:
receive a registration request indicating a vehicle data stream to be registered, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047);
generate, upon an approval of the registration request, a mapping between vehicle data of the vehicle data stream to be registered and a given vehicle attribute, Botticelli teaches a flowchart shows a method according to an example embodiment. The method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6);
receive, from an automotive application, a request to subscribe to the given vehicle attribute, wherein the given vehicle attribute is selected using a discovery service, and wherein the discovery service maintains entries for vehicle attributes for a plurality of vehicles, wherein the entries comprise metadata that provide information about the vehicle attributes, Botticelli teaches subscribers in a topic-based system may receive some or all messages published to the topics to which they subscribe, and all subscribers to a topic may receive the same messages (see at least paragraph 0022 and see figure 6);
perform, based on approval of the subscription request, one or more configuration operations to enable the authoritative application to receive streaming data from the registered vehicle data streams associated with the given vehicle attribute, Botticelli teaches the publish/subscribe component 124 of the individual mobile gateways 102 assists in implementing features of the cloud gateway 126. For example, the publish/subscribe component 124, either automatically or with minimal configuration, can handle new types of sensor data (or new transformations and combinations of existing sensor data) by adding a new topic (see at least paragraph 0024) and furthermore, Botticelli teaches the actual form of the data provided by the mobile gateways 200 may not be in a form that is easily usable by the client 128, and so the cloud gateway 126 can assist in providing custom data views, feed rates, and formats that are adapted for particular client needs (see at least paragraph 0035); and
provide to the automotive application, the received streaming data from the registered vehicle data stream associated with the given vehicle attribute; Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2).
Claims 23, 31 and 37: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claims 21, 29 and 35, and Botticelli further teaches wherein the automotive application is a vehicle shadow service providing a digital representation of a state of a connected vehicle, Botticelli teaches the mobile gateways 200 may include a different arrangement, e.g., without analogous publish/subscribe features. These different mobile gateways 200 may still be integrated with the cloud gateway 126 and client 128 (see at least paragraphs 0018 and 0025).
Claims 24, 32 and 38: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claims 23, 31 and 37, and Botticelli further teaches wherein the program instructions, when executed on or across the one or more processors, further cause the one or more processors to:
track, via the vehicle shadow service, a state of the connected vehicle based on the received streaming data, Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2); and
propagate, via the vehicle shadow service, changes made to the state of the connected vehicle based on the received streaming data, Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2).
Claims 25, 33 and 39: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claims 21, 29 and 35, and Botticelli further teaches wherein the program instructions, when executed on or across the one or more processors, further cause the one or more processors to:
update, at the discovery service, metadata about the given vehicle attribute, wherein to update the metadata about the given vehicle attribute, the discovery service is configured to modify an arrangement of vehicle attributes names to a different configuration, or update a schema for the given vehicle attribute, Botticelli teaches a method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6).
Claim 26: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claim 21, and Botticelli further teaches wherein approval of the registration request is based on a determination that the
vehicle data stream to be registered is an authoritative source for the given vehicle attribute, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047).
Claim 27: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claim 21, and Botticelli further teaches wherein the program instructions, when executed on or across the one or more processors, further cause the one or more processors to:
determine that new vehicle data of a new data stream is to be registered, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047);
generate an additional mapping between the new vehicle data of the new data stream to be registered and the given vehicle attribute, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047); and
perform another one or more configuration operations to enable the automotive application to receive additional streaming data from the new vehicle data stream, Botticelli teaches a flowchart shows a method according to an example embodiment. The method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6).
Claim 28: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claim 27, and Botticelli further teaches wherein the program instructions, when executed on or across the one or more
processors, further cause the one or more processors to:
receive a remove registration request indicating the vehicle data stream is to be removed from registration, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047);
remove, based on the remove registration request, the mapping between the vehicle data of the data stream that was registered and the given vehicle attribute, Botticelli teaches a flowchart shows a method according to an example embodiment. The method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6); and
perform removal configuration operations to disable the automotive application from receiving streaming data from the vehicle data stream, Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2).
Claim 34: Botticelli teaches the system according to claim 27, and Botticelli further teaches wherein the one or more computing devices are further configured to:
receive a new subscription request for the given vehicle attribute, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047); and
perform, based on approval of the new subscription request, one or more configuration operations to enable a new automotive application to receive the streaming data from the one or more of the registered vehicle data streams associated with the given vehicle attribute, Botticelli teaches a flowchart shows a method according to an example embodiment. The method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6).
Claim 40: Botticelli teaches the system according to claim 27, and Botticelli further teaches further comprising:
identifying access credentials of the subscription request, Botticelli teaches the request corresponds to a selected topic of the set of publication topics. The request may include options (e.g., refresh rate, unit of measure, mobile gateway identifier) defining aspects of the data and delivery thereof, the second set of data modified to conform to the options (see at least paragraph 0047);
determining whether the access credentials are sufficient to access the selected vehicle attribute, based at least in part on level of personally identifiable information of the selected vehicle attribute, Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2); and
approving the subscription request based on the determination that the access credentials are sufficient to access the given vehicle attribute, Botticelli teaches a flowchart shows a method according to an example embodiment. The method involves subscribing 600 to at least one of a set of topics published by one or more vehicle-located mobile gateways via a wide area network. A set of publication topics is created 601 based on the first set of topics, and the publication topics are made available 602 to a client via the wide area network (see at least paragraph 0047 and see figure 6).
Claim Rejections - 35 USC § 103
12. 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.
13. 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.
14. 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.
15. Claims 22, 30 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Botticelli (U.S. Pub. No. 2016/050269) in view of Bas (U.S. Pub. No. 2022/0086943).
Claims 22, 30 and 36: Botticelli teaches the one or more non-transitory, computer-readable storage media, the system and the method according to claims 21, 29 and 35, and Botticelli further teaches wherein the program instructions, when executed on or across the one or more processors, further cause the one or more processors to:
Botticelli teaches stream, using the received one or more message, at least a portion of the streaming data from the registered vehicle as a data stream associated with the given vehicle attribute, Botticelli teaches The publish/subscribe component 124 may be part of a wider publish/subscribe system of a fleet management system. For example, a cloud gateway 126 is an infrastructure middleware service that subscribes to a set of messages from the mobile gateway 102 via the wide area network 127 (see at least paragraph 0023 and see figure 2).
Botticelli does not explicitly teach receive one or more messages associated with the given vehicle attribute from a vehicle using a message queue telemetry transport (MQTT) protocol. However, Bas teaches the publish-subscribe messaging
environment pub/sub may use, for example, the MQTT protocol (see at least paragraphs 0061-0065). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Botticelli to modify to include the teaching of Bas in order to provide connectivity gateway. (see at least paragraph 0065).
Conclusion
16. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
17. Akbarzadeh (U.S. Pub. No. 2023/0296758) discloses the network 1210 includes or is configured to include a BLUETOOTH® communication network, a Z-Wave® communication network, an Insteon® communication network, an EnOcean® communication network, a wireless fidelity (Wi-Fi) communication network, a ZigBee communication network, a HomePlug communication network, a Power-line Communication network, a message queue telemetry transport (MQTT) communication network, a MQTT-sensor (MQTT-S) communication network, a constrained application protocol (CoAP) communication network, a representative state transfer application protocol interface (REST API) communication network, an extensible messaging and presence protocol (XMPP) communication network, a cellular communications network, any similar communication networks, or any combination thereof for sending and receiving data. The data communicated in the network 1210 may include data communicated via short messaging service (SMS), multimedia messaging service (MMS), hypertext transfer protocol (HTTP), direct data connection, wireless application protocol (WAP), e-mail, smart energy profile (SEP), ECHONET Lite, OpenADR, or any other suitable protocol. In some embodiments, the network 1210 may be included in or implemented with respect to a network environment, such as the network environment of FIG. 16.(see at least paragraph 0218).
18. Avary et al. (U.S. Pub. No. 2018/0174376) discloses an automatic connected vehicle subsequent owner method and system for automatically wiping personal data from the vehicle, transitioning remote services access to a subsequent owner, and delinking the vehicle from their smartphone or other interactive communication link. In one more embodiments, a computer implemented method provides for delinking customers and deregistering vehicles from original owners where those vehicles have been subsequently sold, discontinued, or otherwise transferred for the customer's ownership (see at least the Abstract).
19. Kator et al. (U.S Patent No. 9,053,590) discloses providing a vehicle monitoring system that gathers reported data on a selected vehicle and alerts a user to selected events reported for that vehicle. In an embodiment, vehicle attributes are processed into a score for the vehicle, such as representing the likely life remaining, and changes in a score trigger alerts to the user (see at least the Abstract).
20. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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, llana Spar can be reached on 571)270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 06/26/2026
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