DETAILED ACTION
This Office Action is in response to Applicant's Application filed on 6/5/2025.
Claims 1-20 are pending for examination.
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 on 6/27/2025 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
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.
Claim 17-18 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because Claim 17 recites “A computer-readable media having computer-readable instructions stored thereon” wherein the claimed system is signal per se. Under the broadest reasonable interpretation of a claim drawn to a computer-readable media covers forms of non-transitory tangible media and transitory propagating signals, particularly when the specification is not clearly defined. Accordingly, the claimed system is signal per se and therefore non-statutory.
Dependent claim 18 are rejected because the claims depended on claim 17 which is rejected base on the reason above.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9, 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hassib (US20130190967A1).
Regarding claim 1, Hassib teaches A method performed by a mobile device, the method comprising:
receiving, by a communication receiver of the mobile device over a communication channel, a system identifier that uniquely identifies a vehicle system of a vehicle (Hassib: Para 51 “any data that is presented to and/or generated, alone or in combination, by the VIU 103, VDU 105, and/or OMU 107 may be transmitted to the smartphone 106 via the wireless communications 112 channel”; Para 71 “In block 504, the method 500 includes receiving, at a Vehicular Identification Unit (VIU), vehicular identification data related to the first vehicle, wherein the vehicular identification data comprises identification (ID) data representing the first vehicle. In block 506, the method 500 includes transmitting the operational count and the ID data wirelessly to a mobile computing device. In block 508, the method 500 includes receiving, at the mobile computing device, the transmitted operational count and the ID data”; Para 33 “the term “vehicle ID data” may include any number of types of data, including, but not limited to one or more of: vehicle identification information, IP address information and/or MAC address information from in-vehicle components, Bluetooth communications pairing data, data from an on-board diagnostics (OBD) port, voltage levels, vacuum levels, vibration, odometer readings, engine revolutions per minute, fuels levels, etc”);
detecting a vehicle trip start condition based on a pre-defined association between the system identifier and the mobile device(Hassib: Para 71 “The method 500 starts in block 502, and according to an example implementation includes receiving, at an Operational Measurement Unit (OMU), an operation indication associated with a first vehicle, wherein the OMU comprises an operational measurement component configured to advance an operational count in response to receiving the operation indication. In block 504, the method 500 includes receiving, at a Vehicular Identification Unit (VIU), vehicular identification data related to the first vehicle, wherein the vehicular identification data comprises identification (ID) data representing the first vehicle. In block 506, the method 500 includes transmitting the operational count and the ID data wirelessly to a mobile computing device. In block 508, the method 500 includes receiving, at the mobile computing device, the transmitted operational count and the ID data”; Para 72 “the operation indication may sensed by the OMU when the first vehicle is in an operating state. In an example implementation, transmitting the operational count and the ID data wirelessly to the mobile computing device may be based at least in part on the operation indication. In one example implementation, the mobile computing device may be configured to receive the sensor data based at least in part on the operation indication.”);
based on detecting the vehicle trip start condition, operating the mobile device in a vehicle mode comprising activating at least one telematics feature(Hassib: Para 71 “The method 500 starts in block 502, and according to an example implementation includes receiving, at an Operational Measurement Unit (OMU), an operation indication associated with a first vehicle, wherein the OMU comprises an operational measurement component configured to advance an operational count in response to receiving the operation indication. In block 504, the method 500 includes receiving, at a Vehicular Identification Unit (VIU), vehicular identification data related to the first vehicle, wherein the vehicular identification data comprises identification (ID) data representing the first vehicle. In block 506, the method 500 includes transmitting the operational count and the ID data wirelessly to a mobile computing device. In block 508, the method 500 includes receiving, at the mobile computing device, the transmitted operational count and the ID data”; Para 72 “the operation indication may sensed by the OMU when the first vehicle is in an operating state. In an example implementation, transmitting the operational count and the ID data wirelessly to the mobile computing device may be based at least in part on the operation indication. In one example implementation, the mobile computing device may be configured to receive the sensor data based at least in part on the operation indication”); and
detecting vehicle telematics data generated by a telematics data sensor(Hassib: Para 71 “The method 500 starts in block 502, and according to an example implementation includes receiving, at an Operational Measurement Unit (OMU), an operation indication associated with a first vehicle, wherein the OMU comprises an operational measurement component configured to advance an operational count in response to receiving the operation indication. In block 504, the method 500 includes receiving, at a Vehicular Identification Unit (VIU), vehicular identification data related to the first vehicle, wherein the vehicular identification data comprises identification (ID) data representing the first vehicle. In block 506, the method 500 includes transmitting the operational count and the ID data wirelessly to a mobile computing device. In block 508, the method 500 includes receiving, at the mobile computing device, the transmitted operational count and the ID data. In block 510, the method 500 may optionally include (as indicated by the dashed box) storing at least a portion of the operational count and the ID data in a memory associated with the mobile computing device. In block 512, the method 500 includes receiving, with the mobile computing device, sensor data from one or more sensors associated with the mobile computing device. In block 514, the method 500 includes transmitting, by the mobile computing device to a remote server, telematics data, wherein the telematics data comprises at least a portion of one or more of the operational count, the ID data, and the sensor data”).
Regarding claim 2, Hassib teaches The method of claim 1, wherein the mobile device comprises a smartphone(Hassib: Para 51 “the mobile computing device may be referred to as a smartphone 106”).
Regarding claim 3, Hassib teaches The method of claim 1, and further comprising detecting the pre-defined association by accessing a vehicle association record that stores the system identifier(Hassib: Fig. 8; Para 97 “information 802 may be gathered for Bob, Jane, and X, and stored as historical data 804 for such comparisons with new information 802. For example, correlations between the new information 802 and the historical data 804 may be made for each vector (Bob, Jane, and X). FIG. 8 depicts that the location data, the angle of the device, a walking signature, and an acceleration profile all likely correspond to the historical data 804 associated with the Bob vector. However, car vibration correlation indicates that it corresponds with a third car vector X. According to certain example embodiments, the correlations may be fused 808 to determine 812 a confidence 812 of a set of assertions 810. For example, one possible assertion 810 may be that Jane is driving Jane's car to the store. Another assertion 810 may be that Bob is driving Jane's care to the gym, and so forth. However, the correlation 806 obtained from the comparison of the vector information 802 from the mobile computing device 106 and the data 804 obtained from the data sources indicate that the assertion 810 combination with the highest confidence 814 is that Bob is driving an unknown car (X) to the gym.”).
Regarding claim 4, Hassib teaches The method of claim 3, wherein the vehicle association record includes a vehicle type field that identifies a type of the vehicle(Hassib: Fig. 8; Para 97 “information 802 may be gathered for Bob, Jane, and X, and stored as historical data 804 for such comparisons with new information 802. For example, correlations between the new information 802 and the historical data 804 may be made for each vector (Bob, Jane, and X). FIG. 8 depicts that the location data, the angle of the device, a walking signature, and an acceleration profile all likely correspond to the historical data 804 associated with the Bob vector. However, car vibration correlation indicates that it corresponds with a third car vector X. According to certain example embodiments, the correlations may be fused 808 to determine 812 a confidence 812 of a set of assertions 810. For example, one possible assertion 810 may be that Jane is driving Jane's car to the store. Another assertion 810 may be that Bob is driving Jane's car to the gym, and so forth. However, the correlation 806 obtained from the comparison of the vector information 802 from the mobile computing device 106 and the data 804 obtained from the data sources indicate that the assertion 810 combination with the highest confidence 814 is that Bob is driving an unknown car (X) to the gym.”; i.e. identification of the car (Bob’s car, Jane's car, or an unknown car) would encompass identifies a type of the vehicle).
Regarding claim 5, Hassib teaches The method of claim 3, and further comprising obtaining context information from the vehicle association record, wherein the at least one telematics feature is activated based on the context information(Hassib: Para 78 “An example implementation of the disclosed technology may include a monitoring system that can include a personal data unit, a communication unit, and an analysis unit. The personal data unit can receive personal data about the insurance applicant, including a telephone number or other identifier of a mobile communication device, for example, a smartphone used by an insurance applicant or policyholder. The communication unit may receive location data related to the mobile communication device, where the location data describes various locations of the mobile communication device over time. In some embodiments of the monitoring system, the communication unit can periodically contact the mobile communication device itself to receive periodic location updates. Alternatively, however, the communication unit can receive historical location data from a data center, such as a mobile service provider, associated with the mobile communication device. The analysis unit can analyze the location data to determine movements of the mobile communication device and, thus, a pattern of usage of a motor vehicle used by the insurance applicant. Analysis of the location data may be used, for example, by an insurance provider to determine a level of risk for insuring an applicant”; Para 42 “the mobile computing device may be configured with at least one processor, and a memory in communication with the at least one processor that stores data and instructions. The instructions, for example, may be embodied as a mobile application, that when executed by the at least one processor may cause the with a mobile computing device to monitor/gather/communicate information related to certain activities associated with a user of the mobile computing device and/or the information related to the operation of a motor vehicle. In an example embodiment of the disclosed technology, activities related to risk of operating a vehicle (such as speed, braking, etc.,) may be monitored. In another example embodiment of the disclosed technology, activities that may not be necessarily related to risk of operating a vehicle (such as ignition operation time, fluid levels, etc.,) may be monitored”).
Regarding claim 6, Hassib teaches The method of claim 5, wherein the at least one telematics feature performs a telematics function using the context information(Hassib: Para 78 “An example implementation of the disclosed technology may include a monitoring system that can include a personal data unit, a communication unit, and an analysis unit. The personal data unit can receive personal data about the insurance applicant, including a telephone number or other identifier of a mobile communication device, for example, a smartphone used by an insurance applicant or policyholder. The communication unit may receive location data related to the mobile communication device, where the location data describes various locations of the mobile communication device over time. In some embodiments of the monitoring system, the communication unit can periodically contact the mobile communication device itself to receive periodic location updates. Alternatively, however, the communication unit can receive historical location data from a data center, such as a mobile service provider, associated with the mobile communication device. The analysis unit can analyze the location data to determine movements of the mobile communication device and, thus, a pattern of usage of a motor vehicle used by the insurance applicant. Analysis of the location data may be used, for example, by an insurance provider to determine a level of risk for insuring an applicant”; Para 42 “the mobile computing device may be configured with at least one processor, and a memory in communication with the at least one processor that stores data and instructions. The instructions, for example, may be embodied as a mobile application, that when executed by the at least one processor may cause the with a mobile computing device to monitor/gather/communicate information related to certain activities associated with a user of the mobile computing device and/or the information related to the operation of a motor vehicle. In an example embodiment of the disclosed technology, activities related to risk of operating a vehicle (such as speed, braking, etc.,) may be monitored. In another example embodiment of the disclosed technology, activities that may not be necessarily related to risk of operating a vehicle (such as ignition operation time, fluid levels, etc.,) may be monitored”).
Regarding claim 7, Hassib teaches The method of claim 6, wherein the telematics function performs crash detection using the context information(Hassib: Para 45 “information related to the mobile computing device tilt, location, oscillation, vibration, movement signatures, etc., may form a “user fingerprint” that may be utilized for establishing primary or secondary evidence. For example, an insurance company may investigate a car wreck where the insured claims that he/she was not driving the car. Example embodiments of the disclosed technology may be utilized to draw certain conclusions about who was driving, how fast they were going at the time of the accident, if there were any risky or abnormal behaviors prior to the accident, etc”; Para 62 “the sound interface may be utilized to monitor other sound that may be indicative of an accident, wearing automobile parts, etc.”).
Regarding claim 8, Hassib teaches The method of claim 1, wherein the communication channel comprises a wireless communication channel, wherein the mobile device is configured to execute a pairing process that establishes a secure wireless connection between the vehicle system and the mobile device(Hassib: Para 52 “The mobile application running on the smartphone 106, for example, may be configured to allow the smartphone 106 to detect when it is in the presence of the one or more peripheral devices 104, and may cause the smartphone 106 to pair with one or more of the peripheral devices 104 and setup a wireless communications 112 channel whenever the smartphone 106 is within the wireless range of the one or more peripheral devices 104”).
Regarding claim 9, Hassib teaches The method of claim 8, wherein the system identifier is received by the mobile device prior to the pairing process(Hassib: Para 115 “the mobile application may require the user to manually pair the mobile device with one or more peripheral devices, for example, as new Bluetooth connection”; Para 117 “a Telematics ID may be sent for the registered mobile communications device, via the participants chosen delivery method, so that pairing between the mobile device and the one or more peripheral devices can be established”; i.e. manually pair with Telematics ID would encompass the system identifier is received by the mobile device prior to the pairing process).
Regarding claim 11, Hassib teaches The method of claim 1, wherein the mobile device comprises the telematics data sensor configured to generate a sensor signal indicative of the vehicle telematics data, the vehicle telematics data comprising at least one of: an environment of the mobile device, a geographic position of the mobile device, or a movement of the mobile device(Hassib: Para 111 “the GPS sensor may be required to be active in the mobile device 106 for participation. GPS data, for example, may be used to determine speed, acceleration, deceleration/braking, and distance traveled. According to an example implementation, GPS data may be collected on a second by second basis. According to an example implementation, an accelerometer or magnetometer associated with the mobile device 106 may be used to collect data, for example, at a frequency of about every 1/10 second, or approximately 10 Hz”).
Regarding claim 12, Hassib teaches The method of claim 1, wherein activating the at least one telematics feature comprises at least one of: activating the telematics data sensor; increasing a sampling rate of the telematics data sensor; or increasing a sampling precision of the telematics data sensor(Hassib: Para 111 “the GPS sensor may be required to be active in the mobile device 106 for participation. GPS data, for example, may be used to determine speed, acceleration, deceleration/braking, and distance traveled. According to an example implementation, GPS data may be collected on a second by second basis. According to an example implementation, an accelerometer or magnetometer associated with the mobile device 106 may be used to collect data, for example, at a frequency of about every 1/10 second, or approximately 10 Hz”; Para 116 “the participant (i.e., applicant, insured, drive, etc.) may be required to start the mobile application initially on the mobile device after installation. The mobile application may rely on the GPS sensor to collect data on a second by second basis to derive speed, acceleration, deceleration and distance. If the GPS sensor is not on when the peripheral device is initiated, the mobile application may turn it on and may prompt the participant if necessary”).
Regarding claim 13, Hassib teaches The method of claim 11, wherein activating the at least one telematics feature comprises configuring a crash detection algorithm to detect a crash event based on the sensor signal(Hassib: Para 62 “In certain implementations, a sound interface 316 may be provided as a communication interface for converting sound into electrical signals using a microphone and for converting electrical signals into sound using a speaker. In one example embodiment, the sound interface 316 may be utilized to receive audible information, for example, from an engine associated with a vehicle. In other example embodiments, the sound interface may be utilized to monitor other sound that may be indicative of an accident, wearing automobile parts, etc.”).
Regarding claim 14, Hassib teaches The method of claim 11, wherein the at least one telematics feature comprises a trip logging feature configured to log trip events, after the vehicle trip start condition, based on the vehicle telematics data(Hassib: Table 2; Para 67 “FIG. 4 depicts an illustrative report or webpage user interface 400, with monitored telematic data (for example, telematic data 116 as shown in FIG. 1), according to an example implementation of the disclosed technology. The information presented in this example report or webpage user interface 400 may be similar to the data presented in the report or webpage 124 as shown in FIG. 1. In accordance with an example implementation, an authorized user may login to a website to view the information. In one example embodiment, the authorized user may be the insured driver. In another example implementation, the authorized user may be a representative of the insurance carrier. According to an example implementation, different information may be presented, depending on the credentials of the authorized user and/or or end use of the information. As shown in FIG. 4, and according to an example embodiment, a person viewing the webpage may select a vehicle 402 for which the telematic information is available. In an example implementation, a summary view 404 of the collected data may provide information, including but not limited to miles driven, percentage of the time that the driving was monitored by the smartphone and OBD device, number of trips, average speed, and maximum speed”).
Regarding claim 15, Hassib teaches The method of claim 1, wherein the at least one telematics feature comprises at least one of: a driver behavior monitoring feature; a fuel fraud detection feature; or an engine idling detection feature(Hassib: Para 128 “receiving the plurality of data from the mobile device includes receiving data from one or more of a cellular phone, a tablet computer, a handheld mobile computing device, or a wearable mobile device. In certain example embodiments, determining one or more entity scenarios include one or more assertions identifying one or more of an individual in possession of or associated with the mobile device, characteristics of an individual in possession of or associated with the mobile device, or one or more vehicles in proximity to the mobile device. In certain example embodiments, comparing one or more attributes of the received data with information from one or more data sources includes comparing one or more of repeat location visits, repeatable events, velocity, acceleration, location at a specific time, body patterns, habits, data attributes indicative of education level, data attributes indicative of age, data attributes indicative of gender, data attributes indicative of behavior risks, or groups of events. According to example embodiments, the comparing includes one or more of a correlation, a convolution, frequency analysis, a matching, a transformation, vector analysis, or multivariate analysis”).
Regarding claim 16, Hassib teaches The method of claim 1, wherein the mobile device includes an application, and activating the at least one telematics feature comprises at least one of: launching the application on the mobile device; or transitioning the application on the mobile device from an inactive state to an active state(Hassib: Para 79 “the disclosed technology may include a mobile smartphone application. For example, embodiments of the smartphone application may be compatible with mobile device operating systems (such as Andriod, iOS, Windows, etc.). The smartphone application(s) may be configured to launch and run in the background of a driver's (or policyholder's) smartphone and may monitor data”).
As per claim 17, it recites A computer-readable media having computer-readable instructions stored thereon having limitations similar to those of claim 1 and therefore is rejected on the same basis. Hassib teaches further teaches A computer-readable media having computer-readable instructions stored thereon, wherein the computer-readable instructions, when executed by a computer, cause the computer to perform the claimed limitation(Hassib: Para 63 “a random access memory (RAM) 318 may be provided, where computer instructions and data may be stored in a volatile memory device for processing by the processor 302”).
As per claim 18, it recites A computer-readable media having computer-readable instructions stored thereon having limitations similar to those of claims 12-15 and therefore is rejected on the same basis.
As per claim 19, it recites A mobile computing device having limitations similar to those of claims 1 and 8-9 and therefore is rejected on the same basis. Hassib teaches further teaches A mobile computing device (Hassib: Para 59 “FIG. 3 may be embodied in the mobile computing device (for example, the mobile device 106 as shown in FIGS. 1 and 2)”)comprising:
a telematics data sensor(Hassib: Fig. 3 Element 332);
a communication system configured to wirelessly communicate with a vehicle system of a vehicle(Hassib: Fig. 3 Element 310);
a pairing component configured to perform a pairing of the mobile computing device with the vehicle system to establish a secure wireless connection between the vehicle system and the mobile computing device(Hassib: Fig. 3 Element 312; Para 52 “The mobile application running on the smartphone 106, for example, may be configured to allow the smartphone 106 to detect when it is in the presence of the one or more peripheral devices 104, and may cause the smartphone 106 to pair with one or more of the peripheral devices 104 and setup a wireless communications 112 channel whenever the smartphone 106 is within the wireless range of the one or more peripheral devices 104”);
at least one processor(Hassib: Fig. 3 Element 302); and
memory storing instructions executable by the at least one processor, wherein the instructions, when executed, cause the mobile computing device to perform the claimed limitation(Hassib: Fig. 3 Element 318; Para 63 “a random access memory (RAM) 318 may be provided, where computer instructions and data may be stored in a volatile memory device for processing by the processor 302”).
As per claim 20, it recites A mobile computing device having limitations similar to those of claims 12-15 and therefore is rejected on the same basis.
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 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hassib (US20130190967A1) in view of Madden (US20230386269A1).
In regards to claim 10, Hassib teaches The method of claim 9, wherein the wireless communication channel comprises Bluetooth, and the system identifier is received by the mobile device (Hassib: Para 71 “The method 500 starts in block 502, and according to an example implementation includes receiving, at an Operational Measurement Unit (OMU), an operation indication associated with a first vehicle, wherein the OMU comprises an operational measurement component configured to advance an operational count in response to receiving the operation indication. In block 504, the method 500 includes receiving, at a Vehicular Identification Unit (VIU), vehicular identification data related to the first vehicle, wherein the vehicular identification data comprises identification (ID) data representing the first vehicle. In block 506, the method 500 includes transmitting the operational count and the ID data wirelessly to a mobile computing device. In block 508, the method 500 includes receiving, at the mobile computing device, the transmitted operational count and the ID data”; Para 46 “a wireless communication link from the VIU to the policyholder's smartphone may be implemented, for example, via Bluetooth or any other suitable communications method”).
Yet Hassib do not explicitly teach in a Bluetooth low power mode.
However, in the same field of endeavor, Madden teaches in a Bluetooth low power mode(Madden: Para 63 “wireless communication module 408 can use a short range wireless communications protocol. In some embodiments, the short range wireless communications protocol is Bluetooth, but any low-power communication could be used. Bluetooth Low Energy (BLE) meets the desired power requirements and is widely available on commodity smartphone devices”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify The method of Hassib with the feature of in a Bluetooth low power mode disclosed by Madden. One would be motivated to do so for the benefit of “Bluetooth Low Energy (BLE) meets the desired power requirements” (Madden: Para 63).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
BONGERS (US20200175786A1) disclosed a system allowing to realize and run on an optimized, overall logging process starting from the capturing of the sensory data till the trip identification. In particularly, the present invention shall provide a real-time or nearly real-time logging system based on mobile phone telematics data measurements and capturing cleaning the measured telematics data and allocating/identifying tracks/trips, without being affected by a moving position or orientation of the mobile phone and being able to cope with the limited technical sources of a mobile phone as limited energy resources and data processing capacities. In addition, the system should be enabled to base its operation resp. track/trip identication solely based on measured accelerometer sensory data and a Global Positioning System (GPS) sensory data and/or a gyroscope sensory data of a mobile phone.
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/WENYUAN YANG/Examiner, Art Unit 3667
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