Myine Electronics, Inc.

Patent Trials and Appeals Board

Mar 31, 2020

14300978 - (D) (P.T.A.B. Mar. 31, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/300,978 06/10/2014 Scott SMEREKA 83438968 6974
28395 7590 03/31/2020
BROOKS KUSHMAN P.C./FGTL
1000 TOWN CENTER
22ND FLOOR
SOUTHFIELD, MI 48075-1238
EXAMINER
HOLLOWAY, JASON R
ART UNIT PAPER NUMBER
3664
NOTIFICATION DATE DELIVERY MODE
03/31/2020 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
docketing@brookskushman.com
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte SCOTT SMEREKA,
JACOB R. SIGAL, and JOEY RAY GROVER

Appeal 2019-003579
Application 14/300,978
Technology Center 3600
____________

Before MICHAEL C. ASTORINO, BRADLEY B. BAYAT, and
ROBERT J. SILVERMAN, Administrative Patent Judges.

SILVERMAN, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), the Appellant1 appeals from the
Examiner’s decision rejecting claims 1–13 and 21–23. We have jurisdiction
under 35 U.S.C. § 6(b).
We AFFIRM.

1 We use the word “Appellant” to refer to “applicant” as defined in
37 C.F.R. § 1.42. The Appellant identifies the real party in interest as Livio,
Inc., which “is a wholly-owned subsidiary of Ford Motor Company.”
Appeal Br. 1.
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Application 14/300,978

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ILLUSTRATIVE CLAIM
1. A system comprising:
a vehicle computing system (VCS) including
a scripting application configured to utilize a smart
device interface to request action types and action values
that are available to be set by the scripting application to
automate remote smart device features, and
a visual user interface of the scripting application
configured to facilitate editing of scripting settings, the
interface providing for selection of trigger type, trigger
value, the action type and the action value.
REJECTION
Claims 1–13 and 21–23 are rejected under 35 U.S.C. § 103 as
unpatentable over Ricci (US 2014/0309789 A1, pub. Oct. 16, 2014) and
Kirsch (US 2014/0200739 A1, pub. July 17, 2014).
FINDINGS OF FACT
The findings of fact relied upon, which are supported by a
preponderance of the evidence, appear in the following Analysis.
ANALYSIS
The Appellant contends that the combination of Ricci and Kirsch fail
to teach or suggest the following limitations of independent claim 1:
a scripting application configured to utilize a smart
device interface to request action types and action values that
are available to be set by the scripting application to automate
remote smart device features, and
a visual user interface of the scripting application
configured to facilitate editing of scripting settings, the
interface providing for selection of trigger type, trigger value,
the action type and the action value.
See Appeal Br. 6–7.
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The Appellant states that Kirsch does not disclose or suggest the
limitations of “a scripting application configured to utilize a smart device
interface to request action types and action values that are available to be set
by the scripting application to automate remote smart device features.” Id.
at 7. Further, the Appellant states that Kirsch does not disclose or suggest
the limitations of “the interface providing for selection of trigger type,
trigger value, the action type and the action value,” in the context of the
limitations “to request action types and action values that are available to be
set by the scripting application.” Id.
Yet, the Examiner’s Answer points out that the rejection relies upon
Ricci, not Kirsch, for the context of “to request action types and action
values that are available to be set by the scripting application.” Answer 4.
With regard to Kirsch, the Examiner takes the position that claim 1’s
limitations of “the interface providing for selection of trigger type, trigger
value, the action type and the action value” are disclosed in Kirsch’s
paragraphs 22–26 and 29. Final Action 5–6; Answer 6.
The Reply Brief indicates that the Appellant does not dispute Ricci’s
teaching of those features for which the Examiner relies upon Ricci. Reply
Br. 2. Nevertheless, the Appellant maintains that neither Ricci nor Kirsch
teaches or suggests claim 1’s limitations of “the interface providing for
selection of trigger type, trigger value, the action type and the action value.”
Id.
Thus, the viability of the Examiner’s position turns upon whether
Kirsch teaches the claimed “trigger type,” “trigger value,” “action type,” and
“action value,” as the Examiner states (Final Action 5–6; Answer 6).
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Application 14/300,978

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The Specification illuminates the construction of these claim terms.
With regard to the terms “trigger type” and “trigger value,” the Specification
states:
[T]he exemplary trigger type is that of vehicle location, and the
exemplary trigger value is home proximity. However, the trigger
type may be that of any other type of condition available for
evaluation by the device scripting application 214 according to
the vehicle data 222. As some other non-limiting examples, the
trigger type may be that of vehicle speed, transmission
temperature, time of day, day of week, and weather condition, as
some possibilities. Moreover, the trigger value may be any user-
input value that may be of a type comparable by the device
scripting application 214 with the data of the trigger type. The
trigger values may accordingly be values such as day, time, a
number representative of a temperature, a value from an
enumeration of possibilities (e.g., rain, sun, and snow for an
enumeration of possible weather types), and a predefined value
(e.g., a geographic location stored by the VCS 1 such as home or
work). In some cases, scripting triggers 218 may include the
combination of multiple trigger types and trigger values. For
example, the scripting trigger 218 may include both a location
condition and a time of day condition that both must be met to
cause the trigger condition to be satisfied.
Spec. ¶ 66. See also Spec. Fig. 7. In view of the foregoing disclosure, and
in the context of claim 1, we understand the “trigger type” to be a class of
parameters that define a condition for initiating an action by a remote device.
In addition, we understand a “trigger value” to be a value of the “trigger
type” that, when detected, initiate the process for the performance of an
action by a remote device.
With regard to the claim terms “action type” and “action value,” the
Specification states:
[T]he exemplary action is to command the main zone
temperature, and the action value is to set that temperature to
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Application 14/300,978

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72° Fahrenheit. However, the action type may be that of any
other type of action available for performance by the smart
devices 202 under the command of the smart device interface
208, and the action value may be any value that may be set to
the smart devices 202. (The specific listing of action types and
action values that are available for automation may be
requested by the device scripting application 214 using the
smart device interface 208.) As some other non-limiting
examples, the action type and action value may be a door
setting similar to as illustrated in the user interface 600, a light
setting, or some other functionality of a smart device 202
accessible to the vehicle 31 via the smart device interface 208.
Spec. ¶ 68. See also Spec. Fig. 8. In view of the foregoing disclosure, and
in the context of claim 1, we understand the claimed “action type” to be a
type of action that can be performed by a particular remote device. Further,
we understand an “action value” to be a particular value to be achieved by a
remote device, as a result of a triggered activity.
In view of the constructions provided above, we determine that Kirsch
discloses the claim limitations “trigger type,” “trigger value,” “action type,”
and “action value.” In particular, paragraph 22 of Kirsch states:
[W]hen the location of the vehicle departs or arrives at a
residence or other location (e.g., as determined by a global
positioning system (GPS) or other location determination
techniques, lights or other devices (e.g., remote to the vehicle or
external to the vehicle) at the residence may be turned on or off,
or one or more entities may be notified. In a further example,
when the vehicle is low on fuel (e.g., is associated with a fuel
level below a threshold fuel level), is due for maintenance (e.g.,
approaching five thousand miles on a current oil change) or a
need for maintenance is otherwise detected, then a reminder or
notification may be sent (e.g., email, phone, text, etc.). In one
or more embodiments, rules may be triggered based on a geo-
fence or virtual perimeter associated with a location, or a
predetermined distance from the location, etc.
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Application 14/300,978

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Kirsch ¶ 22. In an example from Kirsch ¶ 22, the “trigger type” is the
vehicle location, the “trigger value” is arriving/departing home, the “action
type” is lighting, and the “action value” turning the lights on/off.
Accordingly, we are not persuaded of error in the rejection of
independent claim 1. The Appellant relies upon the same argument as to
independent claim 10 and no dependent claim is argued separately.
Therefore we sustain the rejection of claims 1–13 and 21–23 under § 103.
CONCLUSION
In summary:
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
1–13,
21–23
103 Ricci, Kirsch 1–13,
21–23

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).
AFFIRMED