DETAILED ACTION
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 . This office action is in response to an amendment/argument submitted on 07/31/2026 along with an Information Disclosure Statement. The applicant submits a terminal disclaimer for the double patent rejection. The double patent rejection is withdrawn. Applicant amends claims 1, 10, and 19.
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 (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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 - 27 are rejected under 35 U.S.C. 103 as being unpatentable over Flies 2013/0304276 in view of Leise US 10,733,160.
As per claim 1, A system for accessing onboard operational vehicle subsystem data from a vehicle, the system comprising:
a memory device containing instructions; (Flies paragraph 0035 discloses, "The movement of processing and memory storage operations off-board to the host server may reduce and/or eliminate the need for expensive memory storage capability in the onboard vehicle recording device, which may lower the cost of the onboard vehicle recording device hardware.")
a processor that is communicatively connected to the memory device and that executes the instructions to perform operations comprising:
obtaining user information that identifies a specific user; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.” And paragraph 0040 discloses, “In an embodiment, a web form presented on the browser of the driver's mobile device may prompt the driver to enter the vehicle identification number and the vehicle odometer reading. This data received in the web form may be sent to the host server via a communication network using standard hypertext transfer protocol ("HTTP") or other Internet protocol methods.”)
obtaining verification information from a verification source, wherein the verification information identifies the vehicle and the specific user, and wherein the verification information comprises at least one of vehicle title information or vehicle registration information; (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.") and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
verifying that the specific user is an owner or registrant of the vehicle based on the verification information; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.”) and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
communicatively connecting to the vehicle based on a success of the verifying, whereby an unverified user is prevented from communicatively connecting to the vehicle; (Flies paragraph 0071 discloses, "the host server processor may determine whether the driver is authorized based on a comparison of the received driver authentication credentials to an authorized user and/or security list/database." And paragraph 0004 discloses, “This information is collected and generated onboard the vehicle and only later synchronized with the host systems using wireless communications. Systems today require the use of mobile computing and communication systems with onboard software that calculates HOS information, generates instructions to the driver, and reports actual events as they occur on the road.” And paragraph 0038 discloses, “One approach to implementing untethered systems may be to use local area wireless technologies, such as Bluetooth or Wi-Fi wireless networks, to establish a communication link between the driver's mobile device and vehicle devices over which information may be exchanged and synchronized.”)
obtaining log in credentials, wherein the log in credentials are associated with a subset of onboard operational vehicle subsystem data of the vehicle; (Flies paragraph 0058 discloses, "the host server processor may update the HOS database by adding additional records and/or overwriting records associated with the vehicle and/or driver associated with the vehicle. In this manner, a current status of the vehicle may be maintained and made available at the host server.")
logging in to a gateway of the vehicle by an authorization controller, using the log in credentials, wherein access to the subset of onboard operational vehicle subsystem data is provided, whereby access to onboard operational vehicle subsystem data of the vehicle other than the subset of onboard operational vehicle subsystem data is prevented; (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc. The driver authentication credentials may also include a vehicle identifier, which may like a driver to a particular vehicle." And paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.") and
providing at least some of the subset of onboard operational vehicle subsystem data to a vehicle user device. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading." And paragraph 0091 discloses, "illustrates an embodiment method 1600 for displaying vehicle performance data on a driver's device.")
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 2, The system of claim 1, wherein the subset of onboard operational vehicle subsystem data comprises at least one of: vehicle subsystem telematics data, vehicle subsystem vehicle movement data, vehicle subsystem vehicle operator inputs, vehicle subsystem settings data, vehicle subsystem functioning data, or vehicle subsystem communications data. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.")
As per claim 3, The system of claim 2, wherein the subset of onboard operational vehicle subsystem data comprises vehicle subsystem telematics data of the vehicle obtained by a vehicle telematics subsystem, wherein the vehicle subsystem telematics data comprises at least one of: vehicle maintenance requirement data or vehicle servicing data. (Leise Col 7 lines 45 - 52)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 4, The system of claim 1, wherein the onboard operational vehicle subsystem data is from a vehicle subsystem comprising at least one of: a brake control subsystem, a steering control subsystem, an electronics subsystem, an environment control subsystem, an engine control subsystem, a backup camera subsystem, a suspension control subsystem, a telemetry subsystem, a door lock subsystem, or a transmission control subsystem.
(Flies paragraph 0041 discloses, "after binding the driver mobile device and the vehicle, the driver's mobile device may also be associated with the plurality of devices associated with the vehicle, such as the vehicle' onboard computer, engine computer/controller, sensor networks (tires, seat belts, etc.), trailer systems, and/or cargo management/monitoring systems.")
As per claim 5, The system of claim 1, wherein the verification source comprises a department of motor vehicles. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 6, The system of claim 1, wherein the verification source comprises an auto dealer. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 7, The system of claim 1, wherein the log in credentials are associated with the specific user. (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.")
As per claim 8, The system of claim 1, wherein the subset of onboard operational vehicle subsystem data corresponds to a fee paid by the specific user. (Leise Col 6 lines 48 - 55)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 9, The system of claim 1, wherein the log in credentials comprise a digital certificate. (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc.")
As per claim 10, A computer-implemented method for accessing onboard operational vehicle subsystem data from a vehicle, the method comprising:
obtaining user information that identifies a specific user; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.” And paragraph 0040 discloses, “In an embodiment, a web form presented on the browser of the driver's mobile device may prompt the driver to enter the vehicle identification number and the vehicle odometer reading. This data received in the web form may be sent to the host server via a communication network using standard hypertext transfer protocol ("HTTP") or other Internet protocol methods.”)
obtaining verification information from a verification source, wherein the verification information identifies the vehicle and the specific user, and wherein the verification information comprises at least one of vehicle title information or vehicle registration information; (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.") and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
verifying that the specific user is an owner or registrant of the vehicle based on the verification information; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.”) and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
communicatively connecting to the vehicle based on a success of the verifying, whereby an unverified user is prevented from communicatively connecting to the vehicle; (Flies paragraph 0071 discloses, "the host server processor may determine whether the driver is authorized based on a comparison of the received driver authentication credentials to an authorized user and/or security list/database." And paragraph 0004 discloses, “This information is collected and generated onboard the vehicle and only later synchronized with the host systems using wireless communications. Systems today require the use of mobile computing and communication systems with onboard software that calculates HOS information, generates instructions to the driver, and reports actual events as they occur on the road.” And paragraph 0038 discloses, “One approach to implementing untethered systems may be to use local area wireless technologies, such as Bluetooth or Wi-Fi wireless networks, to establish a communication link between the driver's mobile device and vehicle devices over which information may be exchanged and synchronized.”)
obtaining log in credentials, wherein the log in credentials are associated with a subset of onboard operational vehicle subsystem data of the vehicle; (Flies paragraph 0058 discloses, "the host server processor may update the HOS database by adding additional records and/or overwriting records associated with the vehicle and/or driver associated with the vehicle. In this manner, a current status of the vehicle may be maintained and made available at the host server.")
logging in to a gateway of the vehicle by an authorization controller, using the log in credentials, wherein access to the subset of onboard operational vehicle subsystem data is provided, whereby access to onboard operational vehicle subsystem data of the vehicle other than the subset of onboard operational vehicle subsystem data is prevented; (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc. The driver authentication credentials may also include a vehicle identifier, which may like a driver to a particular vehicle." And paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.") and
providing at least some of the subset of onboard operational vehicle subsystem data to a vehicle user device. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading." And paragraph 0091 discloses, "illustrates an embodiment method 1600 for displaying vehicle performance data on a driver's device.")
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 11, The method of claim 10, wherein the subset of onboard operational vehicle subsystem data comprises at least one of: vehicle subsystem telematics data, vehicle subsystem vehicle movement data, vehicle subsystem vehicle operator inputs, vehicle subsystem settings data, vehicle subsystem functioning data, or vehicle subsystem communications data. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.")
As per claim 12, The method of claim 11, wherein the subset of onboard operational vehicle subsystem data comprises vehicle subsystem telematics data of the vehicle obtained by a vehicle telematics subsystem, wherein the vehicle subsystem telematics data comprises at least one of: vehicle maintenance requirement data or vehicle servicing data. (Leise Col 7 lines 45 - 52)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 13, The method of claim 10, wherein the onboard operational vehicle subsystem data is from a vehicle subsystem comprising at least one of: a brake control subsystem, a steering control subsystem, an electronics subsystem, an environment control subsystem, an engine control subsystem, a backup camera subsystem, a suspension control subsystem, a telemetry subsystem, a door lock subsystem, or a transmission control subsystem. (Flies paragraph 0041 discloses, "after binding the driver mobile device and the vehicle, the driver's mobile device may also be associated with the plurality of devices associated with the vehicle, such as the vehicle' onboard computer, engine computer/controller, sensor networks (tires, seat belts, etc.), trailer systems, and/or cargo management/monitoring systems.")
As per claim 14, The method of claim 10, wherein the verification source comprises a department of motor vehicles. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 15, The method of claim 10, wherein the verification source comprises an auto dealer. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 16, The method of claim 10, wherein the log in credentials are associated with the specific user. (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.")
As per claim 17, The method of claim 10, wherein the subset of onboard operational vehicle subsystem data corresponds to a fee paid by the specific user. (Leise Col 6 lines 48 - 55)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
Asper claim 18, The method of claim 10, wherein the log in credentials comprise a digital certificate. (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc.")
As per claim 19, A non-transitory computer readable medium including instructions that, when executed by a processor, perform a method of accessing onboard operational vehicle subsystem data from a vehicle by performing actions comprising:
obtaining user information that identifies a specific user; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.” And paragraph 0040 discloses, “In an embodiment, a web form presented on the browser of the driver's mobile device may prompt the driver to enter the vehicle identification number and the vehicle odometer reading. This data received in the web form may be sent to the host server via a communication network using standard hypertext transfer protocol ("HTTP") or other Internet protocol methods.”)
obtaining verification information from a verification source, wherein the verification information identifies the vehicle and the specific user, and wherein the verification information comprises at least one of vehicle title information or vehicle registration information; (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.") and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
verifying that the specific user is an owner or registrant of the vehicle based on the verification information; (Flies paragraph 0040 discloses, “the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.”) and (Leise Col 12 lines 66, 67, Col 13 lines 1 – 5, and Col 15 lines 52 - 62)
communicatively connecting to the vehicle based on a success of the verifying, whereby an unverified user is prevented from communicatively connecting to the vehicle; (Flies paragraph 0071 discloses, "the host server processor may determine whether the driver is authorized based on a comparison of the received driver authentication credentials to an authorized user and/or security list/database." And paragraph 0004 discloses, “This information is collected and generated onboard the vehicle and only later synchronized with the host systems using wireless communications. Systems today require the use of mobile computing and communication systems with onboard software that calculates HOS information, generates instructions to the driver, and reports actual events as they occur on the road.” And paragraph 0038 discloses, “One approach to implementing untethered systems may be to use local area wireless technologies, such as Bluetooth or Wi-Fi wireless networks, to establish a communication link between the driver's mobile device and vehicle devices over which information may be exchanged and synchronized.”)
obtaining log in credentials, wherein the log in credentials are associated with a subset of onboard operational vehicle subsystem data of the vehicle; (Flies paragraph 0058 discloses, "the host server processor may update the HOS database by adding additional records and/or overwriting records associated with the vehicle and/or driver associated with the vehicle. In this manner, a current status of the vehicle may be maintained and made available at the host server.")
logging in to a gateway of the vehicle by an authorization controller, using the log in credentials, wherein access to the subset of onboard operational vehicle subsystem data is provided, whereby access to onboard operational vehicle subsystem data of the vehicle other than the subset of onboard operational vehicle subsystem data is prevented; (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc. The driver authentication credentials may also include a vehicle identifier, which may like a driver to a particular vehicle." And paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.") and
providing at least some of the subset of onboard operational vehicle subsystem data to a vehicle user device. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading." And paragraph 0091 discloses, "illustrates an embodiment method 1600 for displaying vehicle performance data on a driver's device.")
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 20, The non-transitory computer readable medium of claim 19, wherein the subset of onboard operational vehicle subsystem data comprises at least one of: vehicle subsystem telematics data, vehicle subsystem vehicle movement data, vehicle subsystem vehicle operator inputs, vehicle subsystem settings data, vehicle subsystem functioning data, or vehicle subsystem communications data. (Flies paragraph 0087 discloses, "illustrates an embodiment method 1400 for associating a driver and a vehicle based an odometer reading. In an embodiment, the operations of method 1400 may be performed by the processor of a driver's mobile device running a web browser, such as a smartphone, the processor of a server, such as a host server hosting HOS web pages and running an HOS application to maintain an HOS database, and the processor of an onboard vehicle recording device. As discussed above, in block 406 the onboard vehicle recording device may send a vehicle status report to the host server. In an embodiment, the vehicle status report may include a vehicle ID and/or an odometer reading. In a further embodiment, the vehicle status report may include vehicle performance data such as one or more of speed, engine revolutions per minute, mileage, vehicle ID, trailer ID, fuel level, vehicle weight, engine operation time, GPS location, and acceleration in addition to the odometer reading.")
As per claim 21, The non-transitory computer readable medium of claim 20, wherein the subset of onboard operational vehicle subsystem data comprises vehicle subsystem telematics data of the vehicle obtained by a vehicle telematics subsystem, wherein the vehicle subsystem telematics data comprises at least one of: vehicle maintenance requirement data or vehicle servicing data. (Leise Col 7 lines 45 - 52)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 22, The non-transitory computer readable medium of claim 19, wherein the onboard operational vehicle subsystem data is from a vehicle subsystem comprising at least one of: a brake control subsystem, a steering control subsystem, an electronics subsystem, an environment control subsystem, an engine control subsystem, a backup camera subsystem, a suspension control subsystem, a telemetry subsystem, a door lock subsystem, or a transmission control subsystem. (Flies paragraph 0041 discloses, "after binding the driver mobile device and the vehicle, the driver's mobile device may also be associated with the plurality of devices associated with the vehicle, such as the vehicle' onboard computer, engine computer/controller, sensor networks (tires, seat belts, etc.), trailer systems, and/or cargo management/monitoring systems.")
As per claim 23, The non-transitory computer readable medium of claim 19, wherein the verification source comprises a department of motor vehicles. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 24, The non-transitory computer readable medium of claim 19, wherein the verification source comprises an auto dealer. (Leise Col 13 lines 47 - 57)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 25, The non-transitory computer readable medium of claim 19, wherein the log in credentials are associated with the specific user. (Flies paragraph 0040 discloses, "the driver-to-vehicle registration problem may be solved by using the odometer reading on the vehicle dashboard as an authentication number or code to confirm that the driver is in a particular vehicle. In an embodiment, the odometer reading on the vehicle dashboard may be used as a second level authentication that the driver is in a particular vehicle, with authentication also based on a vehicle identifier, a driver identifier and/or a driver authentication code.")
As per claim 26, The non-transitory computer readable medium of claim 19, wherein the subset of onboard operational vehicle subsystem data corresponds to a fee paid by the specific user. (Leise Col 6 lines 48 - 55)
Flies discloses a system, method, and non-transitory computer readable medium for identifying, verifying, and confirming the identify of an operator of a vehicle. Flies does not disclose the retrieval of vehicle registration information. Leise teaches of the retrieval of vehicle registration information. Therefore, at the time of filing it would have ben obvious to one of ordinary skill in the art to incorporate the teachings of Leise et.al. into the invention of Flies. Such incorporation is motivated by the need to corroborate the operator has authority to operate the vehicle.
As per claim 27, The non-transitory computer readable medium of claim 19, wherein the log in credentials comprise a digital certificate. (Flies paragraph 0070 discloses, "In an embodiment, driver authentication credentials may include driver identifying information, such as a driver identifier (ID), license number, name, etc., and/or a driver authentication code, which may be security information uniquely identifying the driver, such as a password, a digital signature, smart card information received from a smart card reader, biometric data received from biometric sensor, etc.")
Response to Arguments
Applicant's arguments filed 07/31/2026 have been fully considered but they are not persuasive. With respect to the applicant’s arguments regarding the double patent rejection, the rejection is withdrawn.
With respect to the applicant’s arguments under section III of the claims failing to state verifying ownership. The combination of Flies and Leise makes obvious verifying the ownership of a vehicle through the system that identifies who is operating the vehicle and then searching through the vehicle records to identify the owner of the vehicle. The art of record is citied how the function is executed through the combination of the two art of record.
With respect to the applicant arguments under section IV the art of record is cited where the communicatively connection to the vehicle is verified. The art of record in Flies paragraphs 007 and 0038 disclose the operation and is cited in the office action.
With respect to the applicant’s arguments under section V, the credentials of the owner are verified in the art of record in flies paragraphs 0070 and 0087. Therefore, the arguments are not persuasive and do not overcome the rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664
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