DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
Claims 1-20 are pending for examination.
Claim Objections
Regarding claims 11, 13, 14 and 15, the claims are objected to because the claims are the same as claims 1, 2, 9 and 3, respectively. Please review and/or to amend accordingly.
Appropriate correction is required.
Non-Statutory 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,407,026 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims have similar scope.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,104,245 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims have similar scope.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,738,659 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims have similar scope.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 17, recites the limitations "said first input" and “said first input”. These limitations lack sufficient antecedent basis.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-2, 4-5, 7, 9-14 and 16-19 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Zaid (Pub. No.: US 2011/0112969 A1).
Regarding claim 1, Zaid teaches a vehicle configured to communicate with a server of a cloud system to enable access to use the vehicle via one or more electronic keys (Fig. 1 – Fig. 8, Abstract, vehicle 100 is configured to communicate with the server 110 to receive a reservation (electronic keys) from the server to enable access into the vehicle.), comprising,
electronics of the vehicle (Figs. 1-3, vehicle access kit 102, 200, 302);
a first subsystem of the vehicle for enabling unlocking of the vehicle, the first subsystem being interfaced with the electronics (Fig. 2, vehicle access control component 206, para [0091], “In various embodiments, the vehicle access control component 206 includes a physical adaptor connected to the vehicle bus of a vehicle so that it is capable of actuating car functions (e.g., unlock doors, start engine)”);
a second subsystem of the vehicle for enabling starting of the vehicle for use of the vehicle (Fig. 3, vehicle actuator 310, para [0123], “The vehicle access kit is thus connected to the engine control unit (ECU) 308 of the vehicle, which is in turn connected to various vehicle actuators 310 (e.g., accelerator pedal, brake pedal, window control, temperature control, roof control, and/or engine starter), various vehicle sensors 312 (e.g., temperature, speed, and/or acceleration sensor), and the vehicle engine 314.”); and
communications circuitry of the vehicle interfaced with electronics of the vehicle, the communications circuitry being programmable to communicate with the server of the cloud system and communicate with a mobile device (Fig. 1 – Fig. 2, communication interface 202);
wherein the communications circuitry of the vehicle is configured to receive a request from the mobile device for unlocking of the vehicle (Fig, 5 step 510, para [0127], “In various embodiments, linking is initiated by the user by sending out command from the wireless communication device to the vehicle access kit.” and para [0100], “If authenticated, it accepts commands (e.g., unlock doors, start engine, and/or other commands) from wireless communication device (e.g., sent through the short-range wireless link) and instructs the vehicle bus to actuate the corresponding car function.”), the request from the mobile device including a unique access code obtained by the mobile device from the server to enable sending the request to the vehicle (Fig. 5 steps 506-508, the mobile device 106 receives the encrypted reservation from the server. The encrypted reservation is analogous to the unique access code), wherein the unique access code is associated with privileges for use of the vehicle, the privileges are defined for the unique access code (para [0131], “At 608, vehicle access is withdrawn when the vehicle reservation becomes invalid. In various embodiments, a time-out period elapses before vehicle access is withdrawn when the vehicle reservation becomes invalid. In various embodiments, the vehicle reservation becomes invalid at the end of the vehicle reservation period.”. The encrypted reservation include data that allows the user to use the vehicle during the reservation period), the vehicle is configured to receive information from the server that authenticates the request by the mobile device (Fig. 2, 216, Fig. 6 step 606, para [0130], “At 606, vehicle access control information is exchanged (e.g. received from and sent to a central server). In various embodiments, the information is exchanged via a secured communication channel/protocol. In various embodiments, exchanging vehicle access control information includes receiving information from a central server and reporting information back to the central server. … In various embodiments, an update (e.g., server update) to the vehicle access control from the wireless communication device is received from the central server. In various embodiments, the server update includes a new private key for vehicle access control.”. The vehicle receives updated new private key from the server to decrypt and to authenticate the reservation from the mobile device),
wherein the mobile device is provided with data to enable an electronic key to use the vehicle (Fig. 5 steps 506-510, the mobile device is provided with a message from the server that includes a reservation to use the vehicle);
wherein responsive to a first input to unlock the vehicle, using the electronic key, the electronics of the vehicle instructs the first subsystem of the vehicle to unlock the vehicle,
wherein responsive to a second input to start the vehicle, using the electronic key, the electronics of the vehicle instructs the second subsystem of the vehicle to start the vehicle for use of the vehicle consistent with the privileges of the unique access code (Fig. 6 step 604, para [0129], “FIG. 6 is a flowchart illustrating an example process 600 for providing vehicle access when a vehicle reservation is received at a vehicle access control system in accordance with some embodiments. At 602, vehicle reservation is received from a wireless communication device. In various embodiments, the vehicle reservation is decrypted and authenticated at the vehicle access control system. At 604, vehicle access is granted. In various embodiments, granting access includes opening the vehicle door, and/or allowing engine to be turned on by user.” and para [0090], “In various embodiments, the vehicle access kit 200 includes a vehicle access control component 206 that provides access to the vehicle by for example unlocking the vehicle door and/or allowing for starting of the vehicle engine. In various embodiments, the vehicle access control component 206 emulates a key fob includes a keyless entry remote comprising integrated hardware (e.g., KeeLoq, NLSFR, and/or Keyless Go) and/or software components that is capable of synchronizing to the vehicle in an equivalent way to a standard OEM keyless remote. The keyless entry remote includes the capability to actuate (e.g., lock, unlock, start engine, adjust mirrors, and/or other functions) vehicle functions by sending a wireless signal to the car's control systems.”. The mobile device transmits the reservation as an electronic key to the vehicle to enable the vehicle access control component to unlock the door and to start vehicle engine.).
Regarding claim 2, Zaid teaches the vehicle of claim 1, wherein the communications circuity of the vehicle is configured to receive one or more additional requests from other mobile devices to use the vehicle, each request is associated with a unique access code generated by the server, such that each unique access code is associated with a user account having respective privileges assigned by an administrator of the vehicle that enables assigning of electronic keys to use the vehicle (Para [0002]-[0003], The car sharing platform allows other users associated with other accounts to reserve the vehicle at a different time slot via the server 110. The server transmits an encrypted reservation to each reserved user account to enable that user to use the vehicle for a specific time period.).
Regarding claim 4, Zaid teaches the vehicle of claim 1, wherein said unique access code identifies a user, said user being one of a friend of an administrator of the vehicle, or a family member of the administrator of the vehicle, or a public user having a sharing account, or a member of a car sharing service (para [0077], “In various embodiments, the wireless communication device includes a vehicle reservation application or other software function (e.g., an iPhone or Droid application) that enables a vehicle user (e.g., renter and owner) to communicate with backend server(s) (e.g., an online vehicle reservation system) to (a) advertise or announce the location of the vehicle, (b) advertise or announce the location of the user, (c) advertise or announce when the vehicle will be available for sharing (e.g., vehicle owner announces when the vehicle is available for sharing, and/or vehicle user announcing when the vehicle is returned and is available for sharing by others), and/or (d) retrieving a list of nearby vehicles available for sharing.”. A renter is a member of a car sharing service).
Regarding claim 5, Zaid teaches the vehicle of claim 1, wherein said privileges associated with the unique access code define constraints for use of the vehicle, and said constraints include one or more of geographic restrictions (Fig. 6, step 608 and para [0131], “ In various embodiments, the vehicle reservation becomes invalid when the wireless communication device is removed from the communication range of the vehicle access control system, for example when the wireless communication device is removed from physical or wireless communication with the vehicle wireless communication device.”), age restrictions, time of day restrictions (Fig. 6, step 608 and para [0003], “For example, a car sharing service can include one or more of the following characteristics: (a) car sharing is not limited by office hours, (b) reservation, pickup and return can be self-service, (c) vehicles can be rented by the hour, as well as by the day,”. The reservation restricts the time the user can use the vehicle within the reserved day.), speed restrictions, or combinations thereof.
Regarding claim 7, Zaid teaches the vehicle of claim 1, wherein the electronics include decryption logic for decrypting data associated with the unique access code (Fig. 5, step 514 and para [0128], “At 514, the vehicle access kit receives the vehicle reservation and decrypts the vehicle reservation.”).
Regarding claim 9, Zaid teaches the vehicle of claim 1, wherein the access code for use of the vehicle is generated in response to a request to generate the electronic key for the mobile device, the mobile device being identified using information that includes one or more of an email address, a phone number, a text number, a message address, a notification, a link (Fig. 1, wireless link 112, Fig. 5, 502-506 and para [0126]), a web address, a social network address, or a combination of two or more thereof.
Regarding claim 10, Zaid teaches the vehicle of claim 1, wherein the privileges defines one of a geographic restriction for where the vehicle is allowed to be used (para [0131], “In various embodiments, the vehicle reservation becomes invalid when the wireless communication device is removed from the communication range of the vehicle access control system, for example when the wireless communication device is removed from physical or wireless communication with the vehicle wireless communication device.”), or a speed restriction, or an occupancy restriction, or a time frame of use restriction (para [0131], “In various embodiments, the vehicle reservation becomes invalid at the end of the vehicle reservation period”), or a time of day use restriction, or a time expiration of use restriction, or a combination of two or more thereof.
Regarding claim 11, recites the same claim scope as claim 1. Therefore, the claim is rejected for the same reason.
Regarding claim 12, Zaid teaches the vehicle of claim 11, wherein said first input or said second input is made via the mobile device, and said first input or said second input is made responsive to one of a user input via the mobile device (para [0090], “In various embodiments, the vehicle access kit 200 includes a vehicle access control component 206 that provides access to the vehicle by for example unlocking the vehicle door and/or allowing for starting of the vehicle engine. In various embodiments, the vehicle access control component 206 emulates a key fob includes a keyless entry remote comprising integrated hardware (e.g., KeeLoq, NLSFR, and/or Keyless Go) and/or software components that is capable of synchronizing to the vehicle in an equivalent way to a standard OEM keyless remote. The keyless entry remote includes the capability to actuate (e.g., lock, unlock, start engine, adjust mirrors, and/or other functions) vehicle functions by sending a wireless signal to the car's control systems.” and para [0052], “Most remote key systems work by transmitting a command along with a pseudo-random code on a pre-programmed radio frequency. Each time the lock or unlock button on the remote is pressed, the next number in the pseudo-random sequence is transmitted to the vehicle along with the desired command (e.g., lock or unlock doors).”. The user press the unlock button on the remote key fob to unlock the vehicle) or via a detected location the mobile device relative to a location of the vehicle (para [0055], “Keyless Go system: An automotive technology that allows the driver to automatically lock and unlock a vehicle without pressing any buttons on the remote key. Once inside the vehicle, Keyless Go also enables the driver to start and stop the engine without using a key. Driver identification and automatic functions are accomplished using a transponder built into the key. The system works by having a series of LF (low frequency 125 kHz) transmitting antennas both inside and outside the vehicle. The external antennas are located in the door handles. When the vehicle is triggered either by pulling the handle or touching the handle an LF signal is transmitted from the antennas to the key. The key becomes activated if it is sufficiently close and it transmits its ID back to the vehicle via RF (e.g., RF>300 MHz) to a receiver located in the vehicle. If the key has the correct ID the PASE module unlocks the vehicle.”. The vehicle enables engine ignition in response to the user being inside of the vehicle).
Regarding claim 13, recites the same claim scope as claim 2. Therefore, the claim is rejected for the same reason.
Regarding claim 14, recites the same claim scope as claim 9. Therefore, the claim is rejected for the same reason.
Regarding claim 16, recites a vehicle that is similar to the vehicle of claim 1 or 11. Therefore, the claims is rejected for the same reason.
Regarding claim 17, recites a vehicle that is similar to the vehicle of claim 12. Therefore, the claim is rejected for the same reason.
Regarding claim 18, recites a vehicle that is similar to the vehicle of claim 2. Therefore, the claim is rejected for the same reason.
Regarding claim 19, recites a vehicle that is similar to the vehicle of claim 9. Therefore, the claim is rejected for the same reason.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claims 3, 6, 15 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaid (Pub. No.: US 2011/0112969 A1) in view of Mottla (Pub. No.: US 2011/0060480 A1).
Regarding claim 3, Zaid teaches the vehicle of claim 1, wherein an application accessed by said mobile device is configured to enable sending instructions to said server to share the vehicle with a user to enable use of the electronic key on said vehicle (para [0070], “In various embodiments, the reservation is shared among members of a group and/or entity such as family and corporation.” [0077]-[0078], the owner is able to share the vehicle by advertising the vehicle on the rental platform/server to a renter/user or the mobile device transmits its location to the server to instruct the server to share the location of the vehicle to the renter during check-in).
Zaid fails to teach wherein the electronic key has functions enabled via graphical user interfaces of the application of the mobile device.
However, in the same field of vehicle access system, Mottla teaches a mobile phone installed with a vehicle remote entry application that displays a graphical user interface of an electronic key fob. The electronic key fob includes buttons that enable the user to perform various vehicle control operations. See Fig. 12.
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Zaid’s wireless communication device with a vehicle remote entry application to improve visual presentation.
Regarding claim 6, Zaid teaches the vehicle of claim 1, but fails to teach wherein an application of the mobile device provides graphical user interfaces for use of the electronic key.
However, in the same field of vehicle access system, Mottla teaches a mobile phone installed with a vehicle remote entry application that displays a graphical user interface of an electronic key fob. The electronic key fob includes buttons that enable the user to perform various vehicle control operations. See Fig. 12.
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Zaid’s wireless communication device with a vehicle remote entry application to improve visual presentation.
Regarding claim 15, recites the same claim scope as claim 3. Therefore, the claim is rejected for the same reason.
Regarding claim 20, recites a vehicle that is similar to the vehicle of claim 3. Therefore, the claim is rejected for the same reason.
Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaid (Pub. No.: US 2011/0112969 A1) in view of Kleve (Pub. No.: US 2014/0129053 A1).
Regarding claim 8, Zaid teaches the vehicle of claim 1, wherein the vehicle sends data regarding use of the vehicle to the server (Fig. 6 step 606, para [0130]. The vehicle exchanges control information with the server), the vehicle receives instructions from the server (para [0081], “In various embodiments, the vehicle access control system (e.g., vehicle access control component) is configured to receive a server update to the vehicle access control system from the wireless communication device.”.
Zaid fails to teach the vehicle receives instructions from the server regarding a violation of the privileges associated with the electronic key, the vehicle is configured to receive at least one notification for displaying or outputting an indication regarding the violation.
However, in the same field of vehicle sharing, Kleve teaches the server / owner sets restrictions for the rental vehicle at step 214 and if the restriction has been violated by the renter, then the vehicle receives and displays the violation message at step 218. See Fig. 2 and para [0040], “At step 214, the Owner may have access to control usage of the vehicle being rented by the Temporary User. The Owner may set user restrictions by use of the website or nomadic device. The restrictions may be based on, but not limited to, the owner's selection of parameters including, but not limited to, speed, global position coordinates, or load weight restrictions. At step 216, the control parameters use restrictions may be monitored and if a restriction exceeds a limit the Temporary User and Owner may be notified. The monitoring information may be sent to the Owner through the website, with an email notification, or on the Owner's nomadic device at step 220. Email notification, text messages or an in-vehicle display message may be sent to notify the Temporary User if a restriction limit has been exceeded at step 218.”
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Zaid’s server to transmit a violation message based on the received vehicle data to the vehicle to alert the renter about the violation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zaid (Pub. No.: US 2011/0288891 A1) teaches a vehicle rental platform that enables a third-party renter to electronically submit a conditional rental offer for an asset to a plurality of third-party owners
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHEN Y WU whose telephone number is (571)272-5711. The examiner can normally be reached Monday-Friday, 10AM-6PM, 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, Quan-Zhen Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHEN Y WU/Primary Examiner, Art Unit 2685
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