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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 13, 2026, has been entered.
Status of Claims
This Office action is in response to the amendments filed on August 13, 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 August 13, 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 1-2, 4-11 and 16-18 under Phung, in view of Dwan, Larson, and Razavi, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Phung, in view of Dwan, Larson, Razavi, and Smith.
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, and 4-11 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; previously 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 first 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 (i.e., first access requirements)); 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 (i.e., not found in the local database)) to
detect that the membership status meets or exceeds a second requirement to access the specialty server (e.g. Paragraph [0010], [0042], [0064]; where the client system prompts a user to logon, after the user’s login information is entered, the client system (20) sends the user’s login information to the local sever (208) for validation, and if the login is valid, the user may be allowed to create a new request; and a login process occurs to log repair case information that is communicated to the global data center (220) where it is processed and stored; and where tire one service may include independent repair shops where single or multi-user systems access up-to-date information through a dedicated server located at the shop, and tier two repair services may include nationwide service centers, whereby multi-user systems allow technicians to access up-to-date information and solutions through a dedicated server located at the service center, and tier three services may include original equipment manufacturers, e.g., automakers or part suppliers can access repair cases and find repair trends (i.e., varying levels of access are required)) 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; detect that the membership status meets or exceeds a second requirement to access the specialty server; wherein the membership status is based upon a subscription payment status; and wherein the specialty server is associated with a specialty provider holding an exclusive license to provide the third corpus of diagnostic data.
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 further teaches the features of wherein the specialty server is associated with a specialty provider holding an exclusive license to provide the third corpus of diagnostic data.
Larson teaches a method for providing automotive vehicle information from a remote device to an automotive service device, where the user of the vehicle wheel alignment system purchases, in advance, a “license” to access the online vehicle specifications (i.e., specialty data), and either chooses or is provided with a unique user identification and/or an access authorization such as a password (i.e., access requirements), and when accessing the online vehicle specifications, the user must provide the correct password and/or the associated unique user identification, which is then compared with information stored on the online or remote system, and if the comparison indicates that the information supplied is correct, and has not expired as of the current date, access to the online vehicle specifications is granted (e.g. Col. 7 lines 24-37).
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 requesting specialty data in the system of Larson, in order to improve allow access to premium features (see at least Col. 7 lines 18-21 of Larson).
Razavi, in a similar field of endeavor, more explicitly 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 at least Paragraphs [0009], [0026] of Razavi).
As per Claim 2, Phung, in view of Dwan, Larson, and Razavi, teaches the features of Claim 1, 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.).
Claims 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. 2001/0033225 A1, to Razavi, et al (hereinafter referred to as Razavi; previously of record), and further in view of U.S. Patent Publication No. 2005/0065678 A1, to Smith, et al (hereinafter referred to as Smith; previously of record).
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 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 (i.e., not found in the local database)), to
detect that the membership status meets or exceeds a second requirement to access the specialty server (e.g. Paragraph [0010], [0042], [0064]; where the client system prompts a user to logon, after the user’s login information is entered, the client system (20) sends the user’s login information to the local sever (208) for validation, and if the login is valid, the user may be allowed to create a new request; and a login process occurs to log repair case information that is communicated to the global data center (220) where it is processed and stored; and where tire one service may include independent repair shops where single or multi-user systems access up-to-date information through a dedicated server located at the shop, and tier two repair services may include nationwide service centers, whereby multi-user systems allow technicians to access up-to-date information and solutions through a dedicated server located at the service center, and tier three services may include original equipment manufacturers, e.g., automakers or part suppliers can access repair cases and find repair trends (i.e., varying levels of access are required)) 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; detect that the membership status meets or exceeds a second requirement to access the specialty server; a certification server in data communication with the server processor, wherein the certification server generates a certification indicator documenting successful completion of the associated service task in response to a request from the server.
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).
Razavi, in a similar field of endeavor, more explicitly 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 at least Paragraphs [0009], [0026] of Razavi).
Smith, in a similar field of endeavor, further teaches the features of a certification server in data communication with the server processor, wherein the certification server generates a certification indicator documenting successful completion of the associated service task in response to a request from the server.
Smith teaches an enterprise resource planning system for obtaining vehicle diagnostic information, where the service technician may have to confirm his or her authorization by supplying authentication and security credentials (e.g., username and password) to gain access to and log the vehicle into the ERP system (10), and where the technician may modify or supplement the work order information by confirming authorization and/or security credentials to make modifications to the work order information; and where the information-processing server updates the vehicle’s information history, and may request that the technician selects and/or confirms which of the vehicle’s data is to be added to the vehicle’s information history; and after completing repairs, the service technician may trigger or cause the DCC device (106a) to re-run the vehicle applications to clear the trouble codes and/or verify correct vehicle operation, and the DCC device (106a) may send the data to the information processing server to update the vehicle’s information history, and logs the service as complete and creates an invoice for the service performed (e.g. Paragraphs [0099], [0103], [0108], [0110], [0116]-[0117]).
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 Razavi, with the feature of using a certification server in the system of Smith, in order to improve access to appropriate vehicle-specific documentation (see at least Paragraph [0069] of Smith).
As per Claim 17, Phung, in view of Dwan, Razavi, and Smith, teaches the features of Claim 16, 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 18, Phung, in view of Dwan, Razavi, and Smith, teaches the features of Claim 16, 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen, et al (U.S. 2008/0177438 A1), which teaches a method for providing vehicle support based on utilizing different diagnostic databases.
Chen (U.S. 2017/0267192 A1), which teaches a method for verifying automotive repairs from a remote database.
Gintz, et al (U.S. 2026/0087860 A1), which teaches a method for logging task completion by a server and sending the logs to a local server or device.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MERRITT LEVY/Examiner, Art Unit 3663
Prosecution Insights