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 .
Status of Claims
This Office action is in response to the amendments filed on February 23, 2026. Claims 1-2, 4-11 and 16-18 are currently pending, with Claims 1 and 16 being amended.
Response to Amendments
In response to Applicant’s amendments, filed February 23, 2026, the Examiner withdraws the previous 35 US.C. 103 rejections.
Response to Arguments
Applicant’s arguments, filed February 23, 2026, with respect to the rejections of Claims 1-11 and 16-18 under Phung, in view of Dwan and Larson, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection of Claims 1-2, 4-11, and 16-20 is made in view of Phung, in view of Dwan, Larson, and Razavi.
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.
Claims 1-2, 4-11, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2002/0007237 A1, to Phung, et al (hereinafter referred to as Phung; previously of record), in view of U.S. Patent No. 8,498,771 B2, to Dwan, et al (hereinafter referred to as Dwan; previously of record), in view of U.S. Patent Publication No. 6,556,904 B1, to Larson, et al (hereinafter referred to as Larson; previously of record); and further in view of U.S. Patent Publication No. 2001/0033225 A1, to Razavi, et al (hereinafter referred to as Razavi; newly of record).
As per Claim 1, Phung discloses the features of a vehicle diagnostic system (e.g. Paragraphs [0032], [0047]; Figures 1A-B; where an interactive diagnostic system for vehicles is utilized for vehicle diagnostics) comprising:
a vehicle communication interface (VCI) (e.g. Paragraphs [0032], [0046]-[0047]; where the communication system (5) serves as an interface between the client system (20) and vehicle system (400) and the local server and global data center for transmitting diagnostic data) of a vehicle under diagnostic service (e.g. Paragraphs [0038], [0052]; where the models can be downloaded at the dealerships/ service stations to be used to aid in vehicle diagnosis; and where the client system (20) is connected to the vehicle system (400) and ready for data gathering, and a call routine “get diagnostic data 55” is invoked to get diagnostic data from the vehicle (i.e. the vehicle is under diagnostic service)), the VCI having
a VCI processor (e.g. Paragraphs [0033], [0044]; Figures 1A-B, 2A; where the client system (20) includes a the user interface (8), coupled to communication systems (5, 13), and is connected to a CPU (6) (i.e. a processor); and the client system (20) may be an interactive hand-held device that communicates to the vehicle system (400) and wirelessly to the local server (208)),
a VCI memory in data communication with the VCI processor (e.g. Paragraphs [0033]-[0034], [0041]; Figures 1A-B, 2A; where the client system (20) is connected to a CPU (6) (i.e. a processor), which includes a memory (9) which can be broken into a program partition (10), a data partition (11), and an operating system partition (12); and where the CPU can execute instructions from the memory; where the communication between the client system (20) and the vehicle system (400) is accomplished via vehicle system data (5a) using a diagnostic link connector), and
storing thereon a first corpus of vehicle diagnostic data (e.g. Paragraphs [0033], [0066]; Figure 1A; where the client system (20) includes a data partition (11) in storage and receives vehicle data);
a VCI transceiver (e.g. Paragraphs [0041], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client system (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the repair data may be communicated using a bidirectional communication data path, where the vehicle may receive bidirectional test requests (i.e. can transmit and receive, or acts as a transceiver)), and
a vehicle transceiver configured to be in data communication with a vehicle processor associated with a vehicle (e.g. Paragraphs [0041], [0044], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client system (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the vehicle system can contain program control systems (400a) or any other program controlled components (i.e. the vehicle has a processor));
a server having a server processor, and a server memory in data communication with the server processor (e.g. Paragraph [0033]; Figures 1A-B, 2A; where the local server has a CPU and a memory in communication with the local server and global data center), and
storing thereon a second corpus of diagnostic data ‘…’ (e.g. Paragraphs [0033], [0042], [0064]; Figure 1B; where the local server (208) stores diagnostic data, including vehicle description, history of all scans performed on each system, history of all codes and engine readings returned by the vehicle, and stores data sent by the client system (20));
a specialty server having a specialty processor operable for data communication with the server processor and a specialty memory in data communication with the specialty processor, the specialty memory storing thereon a third corpus of diagnostic data (e.g. Paragraphs [0038]; Figures 1B; where the global data center (220) (i.e. a specialty server) has a memory (202b), a CPU (207b) and programs to be executed by the global data center (220); and the global data center (220) stores historical data on repairs previously uploaded to the site, as well as new data from dealers/ service stations (i.e. specialty data)); and
a network access point operable to be in data communication with the VCI and the server (e.g. Figures 1A-B; where the communications systems (5, 14) enables communications between the client system (20), local server (208), and the global data center (220)),
wherein the VCI processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the first corpus (e.g. Paragraph [0066]; where the client system (20) queries the local server (208) for a description of the codes and readings that were returned by the vehicle, and if no codes are returned by the vehicle, a symptom search on the local server (208) can be conducted to retrieve diagnostic trees, and the system can continue performing system checks until the correct check is found (i.e. the system can detect that the check procedure is not correct or found)), to
detect that a membership status of a user associated with the VCI or the server processor meets or exceeds a requirement to access the server (e.g. Paragraph [0064]; where when the client system (20) hardware is powered on and the client system (20) software is launched, a prompt requires a user to login, and after the information is entered, the client system (20) sends the login information to the local server (208) which validates the information against names and passwords stored in the database, and if the information is valid, the system allows the user to initiate a request); and to
initiate data communication with the server via the network access point to access the second corpus (e.g. Paragraph [0064]; where when the client system (20) hardware is powered on and the client system (20) software is launched, a prompt requires a user to login, and after the information is entered, the client system (20) sends the login information to the local server (208) which validates the information against names and passwords stored in the database, and if the information is valid, the system allows the user to initiate a request), wherein
the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus (e.g. Paragraphs [0036], [0051]; Figures 2A-B, 5, 6A; where a query process between the system server software and the local database system is facilitated by the local database system to request smart diagnostic information) ‘…’
initiate data communication with the specialty server to access the third corpus (e.g. Paragraph [0043]; Figure 1B; where the communication between the local server (208) and the global data center is conducted via communication system (14)).
Phung fails to disclose every feature of a dynamic linked library (DLL) defining a communication protocol used by the VCI; and wherein the membership status is based upon a subscription payment status; and wherein the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus, detect that the membership status meets or exceeds a second requirement to access the specialty server and initiate data communication with the specialty server to access the third corpus.
However, Dwan, in a similar field of endeavor, teaches the features of a dynamic linked library (DLL) defining a communication protocol used by the VCI. Dwan teaches a method for remote vehicle servicing, where the client terminal (102) may include dynamic link libraries in the installed software (Col. 4 lines 18-21; Col. 7 lines 2-8).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for diagnosing vehicles in the system of Phung, with the feature of utilizing a specific communication protocol in the system of Dwan, in order to standardize vehicle diagnostics for all vehicle diagnosticians (See at least Col. 7 lines 15-18 of Dwan).
Dwan further teaches the features of wherein the membership status is based upon a subscription payment status. Dwan teaches a method for remote vehicle servicing, where user authorization information may be given to the user when access subscription fees are paid by the user (e.g. Col. 4 lines 43-54).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for diagnosing vehicles in the system of Phung, with the feature of utilizing a specific communication protocol in the system of Dwan, in order to securely identify an authorized user (see at least Col. 7 lines 50-59 of Dwan).
Larson, in a similar field of endeavor, further teaches the features of wherein the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus, ‘…’ and initiate data communication with the specialty server to access the third corpus. Larson teaches a method for providing automotive vehicle information from a remote device to an automotive service device, where communication is initiated to a remote system when vehicle data is not found locally at the vehicle; and where the system establishes connection to a remote system to request needed or additional specification data; and the search is made for the desired specifications at the website after account/ password verification of the user (i.e. meets or exceeds access requirements) (e.g. Figures 2-4).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the method for diagnosing vehicles in the system of Phung, in view of Dwan, with the feature of accessing a third database in the system of Larson, in order to improve dissemination of automotive information between different systems and providers (see at least Col. 4 lines 29-35 of Larson).
Razavi, in a similar field of endeavor, further teaches the features of detect that the membership status meets or exceeds a second requirement to access the specialty server.
Razavi teaches a method for collecting vehicle information, where the in-car-network identifies a user by performing a password function (i.e. first access requirement) and provides a particular level of access to network components according to a privilege level of the user (i.e. second access requirement), such as a mechanic being allowed to access the detailed diagnostic information (e.g. Paragraph [0035]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the method for diagnosing vehicles in the system of Phung, in view of Dwan and Larson, with the feature of providing tiered access to vehicle systems in the system of Razavi, in order to improve the interaction of various network devices to upgrade or reconfigure vehicle systems (see Paragraphs [0009], [0026] of Razavi).
As per Claim 16, Phung discloses the features of a vehicle diagnostic system (e.g. Paragraphs [0032], [0047]; Figures 1A-B; where an interactive diagnostic system for vehicles is utilized for vehicle diagnostics) comprising:
a vehicle communication interface (VCI) (e.g. Paragraphs [0032], [0046]-[0047]; where the communication system (5) serves as an interface between the client system (20) and vehicle system (400) and the local server and global data center for transmitting diagnostic data) of a vehicle under diagnostic service (e.g. Paragraphs [0038], [0052]; where the models can be downloaded at the dealerships/ service stations to be used to aid in vehicle diagnosis; and where the client system (20) is connected to the vehicle system (400) and ready for data gathering, and a call routine “get diagnostic data 55” is invoked to get diagnostic data from the vehicle (i.e. the vehicle is under diagnostic service)), the VCI having
a VCI processor (e.g. Paragraphs [0033], [0044]; Figures 1A-B, 2A; where the client system (20) includes a the user interface (8), coupled to communication systems (5, 13), and is connected to a CPU (6) (i.e. a processor); and the client system (20) may be an interactive hand-held device that communicates to the vehicle system (400) and wirelessly to the local server (208)),
a VCI memory in data communication with the VCI processor (e.g. Paragraphs [0033]-[0034], [0041]; Figures 1A-B, 2A; where the client system (20) is connected to a CPU (6) (i.e. a processor), which includes a memory (9) which can be broken into a program partition (10), a data partition (11), and an operating system partition (12); and where the CPU can execute instructions from the memory; where the communication between the client system (20) and the vehicle system (400) is accomplished via vehicle system data (5a) using a diagnostic link connector), and
storing thereon a first corpus of vehicle diagnostic data (e.g. Paragraphs [0033], [0066]; Figure 1A; where the client system (20) includes a data partition (11) in storage and receives vehicle data);
a VCI transceiver (e.g. Paragraphs [0041], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client system (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the repair data may be communicated using a bidirectional communication data path, where the vehicle may receive bidirectional test requests (i.e. can transmit and receive, or acts as a transceiver)), and
a vehicle transceiver configured to be in data communication with a vehicle processor associated with a vehicle (e.g. Paragraphs [0041], [0044], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client system (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the vehicle system can contain program control systems (400a) or any other program controlled components (i.e. the vehicle has a processor));
an electronic diagnostic tool (e.g. Paragraph [0013], [0032], [0047]; Figures 1A-B; where the system can be a stationary or mobile computer (i.e. such as a tablet), a portable wireless device, a computer workstation, an interactive kiosk, a personal digital assistant, etc.; and where an interactive diagnostic system for vehicles is utilized for vehicle diagnostics) having
a tool processor, a tool memory in data communication with the local processor (e.g. Paragraphs [0033]; Figures 1A-B, 2A; where the user interface (8) and communication interface are connected to a CPU (6) (i.e. a processor)) and
having stored thereon a first corpus of vehicle diagnostic data (e.g. Paragraphs [0033], [0066]; Figure 1A; where the client system (20) includes a data partition (11) in storage and receives vehicle data), and
a tool transceiver operable to be in data communication with the VCI transceiver (e.g. Paragraphs [0041], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the repair data may be communicated using a bidirectional communication data path, where the vehicle may receive bidirectional test requests (i.e. can transmit and receive, or acts as a transceiver));
a server having a server processor, and a server memory in data communication with the server processor (e.g. Figures 1A-B, 2A; where the local server (208) has a CPU and a memory in communication with the local server and global data center), and
storing thereon a second corpus of diagnostic data ‘…’ (e.g. Paragraphs [0033], [0042], [0064]; Figure 1B; where the local server (208) stores diagnostic data, including vehicle description, history of all scans performed on each system, history of all codes and engine readings returned by the vehicle, and stores data sent by the client system (20)); and
a server transceiver (e.g. Paragraphs [0041], [0046]-[0047], [0059]; where the data collection (50) process includes the necessary communication between the client system (20) and the vehicle system (400) to transmit repair data pertaining to vehicle diagnostic data, and data is transmitted from the vehicle system (400) to the client, and stored in the database system (200); and where the repair data may be communicated using a bidirectional communication data path, where the vehicle may receive bidirectional test requests (i.e. can transmit and receive, or acts as a transceiver),
a plurality of specialty servers (e.g. Paragraph [0038]; Figure 2B; where the global data center (220) comprises multiple databases for processing and managing vehicle data, and communicates with a plurality of local servers, application servers at the dealership/service stations), each specialty server having
a specialty processor operable for data communication with the server processor and a specialty memory in data communication with the specialty processor, the specialty memory storing thereon a third corpus of diagnostic data (e.g. Paragraphs [0038]; Figures 1B; where the global data center (220) (i.e. a specialty server) has a memory (202b), a CPU (207b) and programs to be executed by the global data center (220); and the global data center (220) stores historical data on repairs previously uploaded to the site, as well as new data from dealers/ service stations (i.e. specialty data)); and
a network access point operable to be in data communication with the VCI and the server (e.g. Figures 1A-B; Figures 1A-B; where the communications systems (5, 14) enables communications between the client system (20), local server (208), and the global data center (220)), wherein
the VCI processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the first corpus (.g. Paragraph [0066]; where the client system (20) queries the local server (208) for a description of the codes and readings that were returned by the vehicle, and if no codes are returned by the vehicle, a symptom search on the local server (208) can be conducted to retrieve diagnostic trees, and the system can continue performing system checks until the correct check is found (i.e. the system can detect that the check procedure is not correct or found)), to
detect that a membership status of a user associated with the VCI or the server processor meets or exceeds a requirement to access the server (e.g. Paragraph [0064]; where when the client system (20) hardware is powered on and the client system (20) software is launched, a prompt requires a user to login, and after the information is entered, the client system (20) sends the login information to the local server (208) which validates the information against names and passwords stored in the database, and if the information is valid, the system allows the user to initiate a request); and to
initiate data communication with the server via the network access point to access the second corpus (e.g. Paragraph [0064]; where when the client system (20) hardware is powered on and the client system (20) software is launched, a prompt requires a user to login, and after the information is entered, the client system (20) sends the login information to the local server (208) which validates the information against names and passwords stored in the database, and if the information is valid, the system allows the user to initiate a request), and wherein
data communication between the tool transceiver and the VCI transceiver comprises a wired data connection (e.g. Paragraph [0035]; where the user can attach a scan interface cable between the vehicle and the client system (20) (i.e. wired) and the system can poll the vehicle for vehicle data and send the data to the local server and back to the client system), wherein
the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus (e.g. Paragraphs [0036], [0051]; Figures 2A-B, 5, 6A; where a query process between the system server software and the local database system is facilitated by the local database system to request smart diagnostic information) ‘…’ and
initiate data communication with the specialty server to access the third corpus (e.g. Paragraph [0043]; Figure 1B; where the communication between the local server (208) and the global data center is conducted via communication system (14)).
Phung fails to disclose every feature of a dynamic linked library (DLL) defining a communication protocol used by the VCI; and wherein the membership status is based upon a subscription payment status; and wherein the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus, detect that the membership status meets or exceeds a second requirement to access the specialty server and initiate data communication with the specialty server to access the third corpus.
However, Dwan, in a similar field of endeavor, teaches the features of a dynamic linked library (DLL) defining a communication protocol used by the VCI. Dwan teaches a method for remote vehicle servicing, where the client terminal (102) may include dynamic link libraries in the installed software (Col. 4 lines 18-21; Col. 7 lines 2-8).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for diagnosing vehicles in the system of Phung, with the feature of utilizing a specific communication protocol in the system of Dwan, in order to standardize vehicle diagnostics for all vehicle diagnosticians (See at least Col. 7 lines 15-18 of Dwan).
Dwan further teaches the features of wherein the membership status is based upon a subscription payment status. Dwan teaches a method for remote vehicle servicing, where user authorization information may be given to the user when access subscription fees are paid by the user (e.g. Col. 4 lines 43-54).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for diagnosing vehicles in the system of Phung, with the feature of utilizing a specific communication protocol in the system of Dwan, in order to securely identify an authorized user (see at least Col. 7 lines 50-59 of Dwan).
Larson, in a similar field of endeavor, further teaches the features of wherein the server processor is operable to detect when a vehicle diagnostic operation requires diagnostic data not found within the second corpus, ‘…’ and initiate data communication with the specialty server to access the third corpus.
Larson teaches a method for providing automotive vehicle information from a remote device to an automotive service device, where communication is initiated to a remote system when vehicle data is not found locally at the vehicle; and where the system establishes connection to a remote system to request needed or additional specification data; and the search is made for the desired specifications at the website after account/ password verification of the user (i.e. meets or exceeds access requirements) (e.g. Figures 2-4).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the method for diagnosing vehicles in the system of Phung, in view of Dwan, with the feature of accessing a third database in the system of Larson, in order to improve dissemination of automotive information between different systems and providers (see at least Col. 4 lines 29-35 of Larson).
Razavi, in a similar field of endeavor, further teaches the features of detect that the membership status meets or exceeds a second requirement to access the specialty server.
Razavi teaches a method for collecting vehicle information, where the in-car-network identifies a user by performing a password function (i.e. first access requirement) and provides a particular level of access to network components according to a privilege level of the user (i.e. second access requirement), such as a mechanic being allowed to access the detailed diagnostic information (e.g. Paragraph [0035]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the method for diagnosing vehicles in the system of Phung, in view of Dwan and Larson, with the feature of providing tiered access to vehicle systems in the system of Razavi, in order to improve the interaction of various network devices to upgrade or reconfigure vehicle systems (see Paragraphs [0009], [0026] of Razavi).
As per Claim 2, and similarly for Claim 17, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claims 1 and 16, respectively, and Dwan further teaches the features of wherein the communication protocol defined by the DLL comprises a J2534 protocol.
Dwan teaches a method for remote vehicle servicing, where the vehicle servicing operation data my include rules for conforming to a servicing standard, including J-2534 standard (Col. 2 lines 8-10; Col. 9 lines 9-22).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for diagnosing vehicles in the system of Phung, with the feature of utilizing a specific communication protocol in the system of Dwan, in order to standardize vehicle diagnostics for all vehicle diagnosticians (See at least Col. 7 lines 15-18 of Dwan).
As per Claim 4, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 1, and Phung further discloses the features of wherein the VCI transceiver comprises a wireless transceiver and a wired transceiver (e.g. Paragraphs [0012], [0033], [0035]; where the information is transmitted via a wireless medium; and where the local server can include a user interface for input/output, and can include wireless networking capabilities; and where the user can attach a scan interface cable between the vehicle and the client system (20) (i.e. wired)).
As per Claim 5, and similarly for Claim 10 and 18, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claims 1 and 16, respectively, and Phung further discloses the features of further comprising a human-machine interface (HMI) operable for data communication with the VCI (e.g. Paragraph [0033]; where the local server can include a user interface for input/output, and can include wireless networking capabilities, and the user interface is coupled to a communication interface that is in turn connected to the communications systems).
As per Claim 6, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 5, and Phung further discloses the features of wherein the VCI transceiver comprises a wired transceiver, and the HMI is in data communication with the VCI via the wired transceiver (e.g. Paragraph [0035]; where the user can attach a scan interface cable between the vehicle and the client system (20) (i.e. wired) and the system can poll the vehicle for vehicle data and send the data to the local server and back to the client system).
As per Claim 7, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 1, and Phung further discloses the features of wherein the VCI transceiver comprises a wireless transceiver and the network access point comprises a wireless access point, and the data communication between the VCI and the network access point utilizes the wireless transceiver (e.g. Paragraphs [0012], [0033]; where the information is transmitted via a wireless medium; and where the local server can include a user interface for input/output, and can include wireless networking capabilities, and the user interface is coupled to a communication interface that is in turn connected to the communications systems).
As per Claim 8, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 7, and Phung further discloses the features of further comprising a human-machine interface (HMI) operable for data communication with the VCI (e.g. Paragraph [0033]; where the local server can include a user interface for input/output, and can include wireless networking capabilities, and the user interface is coupled to a communication interface that is in turn connected to the communications systems).
As per Claim 9, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 8, and Phung further discloses the features of wherein the VCI transceiver comprises a wired transceiver, and the data communication between the HMI and the VCI utilizes the wired transceiver (e.g. Paragraph [0035]; where the user can attach a scan interface cable between the vehicle and the client system (20) (i.e. wired) and the system can poll the vehicle for vehicle data and send the data to the local server and back to the client system).
As per Claim 11, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 10, and Phung further discloses the features of wherein the HMI comprises a tablet computer (e.g. Paragraph [0013]; where the system can be a stationary or mobile computer (i.e. such as a tablet), a portable wireless device, a computer workstation, an interactive kiosk, a personal digital assistant, etc.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/MERRITT LEVY/Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663