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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/2/2025 has been entered.
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-18, 20-22, 24, 26, 27, 29-32, and 34-35 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to Claims 16 and 30, the limitations “update equipment-side usage data obtained from a local memory unit of the motor vehicle on the basis of the current data, send the current data to an external unit outside the motor vehicle to update equipment- external usage data stored on the external unit; after the updating, determine the equipment-side usage data in relation to a previous use of the pressure container system …” are indefinite because while the current data are updated, the “sending” command relates to “the current data” obtained prior to updating. The methods steps continue with a clause “update equipment- external usage data stored on the external unit” but then it is unclear how this would be accomplished with the (un-updated) “current data.
For the purpose of a compact prosecution, the Examiner treated the sending step as the step when the “updated equipment-side usage data” but not the “current data” are sent to update the equipment-external usage data.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 16-18, 20-22, 24, 26, 27, 29-32, and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Neel Sirosh et al. (US 20070159345), hereinafter ‘Sirosh’ in view of Richard C. Peoples et al. (DE 112013006838), hereinafter ‘Peoples’, in further view of Richard Benson (US 20210084015), hereinafter ‘Benson’.
With regards to Claim 16, Sirosh discloses
A device for monitoring the use of a pressure container system of a motor vehicle (on-board hydrogen storage containers … A controller monitors each time the hydrogen container is filled above 90% of the rated pressure or mass, Abstract; The container 10 is placed on-board a vehicle that utilizes hydrogen for fuel [0029]), wherein the device is configured to:
determine current data in relation to a current use of the pressure container system on the basis of sensor data from one or more sensors of the pressure container system (A sensor 40 monitors each time the hydrogen container 10 is filled above 90% of the rated pressure or mass [0028]; In another implementation, the sensor 40 may be a fiber optic strain gauge 60 [0038]; Another implementation is depicted by FIG. 5, showing the sensor 40 as an acoustic emission strain gauge [0039]);
update equipment-side usage data on the basis of the current data (the fill cycle is counted each time the hydrogen container is filled above 90% of the rated pressure or mass [0016]);
send the current data to an external unit outside the motor vehicle to update equipment- external usage data (the controller 42 will cause the pressure transducer 16 to send a spurious "full" signal to the refueling station and/or vehicle on-board refueling control unit such that the container 10 cannot be filled any further due to the "full" indication [0048]) stored on the external unit, implied, in order to execute a fill control at the refueling station, emphasis added;
after the updating, determine the equipment-side usage data, as discussed above, and obtain equipment-external usage data; compare the equipment-side usage data with equipment-external usage data in relation to reference data related to the pressure container system (the number of fill cycles has reached the pre-determined number [0017]; notify a user of a vehicle that the system is nearing pre-determined limit, Claim 7); the latter two excerpts imply that “compar(ison) the equipment-side usage data with equipment-external usage data in relation to the previous use of the pressure container system”;
wherein the equipment-side usage data and the equipment-external usage data indicate for the pressure container system of the motor vehicle, as discussed above: and initiate one or more measures in relation to further use of the pressure container system depending on the comparison, wherein the one or more measures include: blocking and/or preventing the further use of the pressure container system; issuing a notice to a maintenance service and/or to an official body and/or to a user of the equipment indicating that, prior to the further use of the pressure container system, are view of the previous use of the pressure container system and/or maintenance of the pressure container system is required; and/or locating the pressure container system to allow a review of the previous use of the pressure container system and/or maintenance of the pressure container system (a safety warning and shutdown system and method for a hydrogen storage container … and a shut-off device to disable further use of the hydrogen system after reaching a pre-determined limit for the number of fill cycles [0011]; Once the predetermined termination point of fill cycles is reached, the disclosed device/method will either disable the valve or refueling mechanism such that fuel supply to the vehicle is shutoff and the container cannot be filled again, Abstract; the controller deactivates the electrical solenoid to disable the valve and prevent further use of the hydrogen system after the number of fill cycles has reached the pre-determined number [0017]; A sensor 40 monitors each time the hydrogen container 10 is filled above 90% of the rated pressure or mass. Once the preset life is reached, the disclosed device/method will either disable the valve 12 or refueling mechanism such that fuel supply to the vehicle is shutoff and the container 10 cannot be filled again. This essentially assures the end of life of the container 10 [0028]; the shutdown system further comprises a warning device 44 to notify the driver of the vehicle that the container 10 is nearing it predetermined termination point. The warning device 44 will indicate to a driver of the vehicle that service is needed, possibly replacement of the container, to continue operation of the vehicle [0049]).
Sirosh also discloses wherein the equipment-side usage data and the equipment-external usage data indicate for the pressure container system of the motor vehicle: a maximum pressure by checking a valve (“equipment-side usage data”) against a rated pressure (“equipment-external usage data”) (a typical container 10 for on-board hydrogen storage is designed to have a rated pressure of about 5000 to 10,000 psi [0029]; anytime the container 10 is filled above 90% of the rated service pressure or the rated mass of hydrogen, a significant event has occurred [0034]; The pressure transducer 16 monitors the pressure in the valve 12 [0040]).
Sirosh also discloses monitoring equipment-side usage data that indicate temperature [0030, 0042].
However, Sirosh does not specifically disclose:
determine equipment-side usage data in relation to a previous use of the pressure container system; obtain the equipment-external usage data from the external unit outside the motor vehicle, and comparing the equipment-side usage data with the equipment-external usage data in relation to the previous use of the pressure container system of the motor vehicle.
Peoples also discloses determining current data in relation to a current use of the pressure container system on the basis of sensor data from one or more sensors of the pressure container system and determining equipment-side usage data in relation to previous use of the pressure container system (a system may be provided which includes means for detecting a stall-on-start condition for a bidirectional reciprocating compressor based on a speed signal, a measured current signal, or a measured pressure signal, p2.; current operating data may be compared to previous operating data to determine trends in compressor performance, p.4) and further discloses equipment-side usage data obtained from a local memory unit of the motor vehicle (operational data may be stored in a database in the memory, p.4; Fig. 1) and comparing the equipment-side usage data with equipment-external usage data of the motor vehicle and initiate one or more measures in relation to further use of the pressure container system depending on the comparison (leakage measurement and control unit to communicate with the central system, an interactive information system 1 # to 7 # gas-sensitive probe for data measuring, comparing and judging with the safety data (i.e. “in relation to previous use of the pressure control system of the motor vehicle”, emphasis added) is set. Once the 1 # to 7 # any one gas probe measuring data larger than the secure data, then orderly executing cutting mechanism all electromagnetic valve and gas supply, pneumatic valve is automatically closed off gas source, an acousto-optic alarm (manual reset instruction after executing the leakage warning of cancellation), the bit BIT= 1. if the 1 # to 7 # gas-sensitive probe measurement data are less than the safe data and bit BIT = 0, returning to the starting point, to lower a wheel detection again, if 1 # to 7 # gas-sensitive probe measurement data are less than the safe data and bit BIT = 1, executing the manual reset program of leakage alarm, after pressing a manual reset of the leakage alarm, flag bit BIT = O, executing electric pneumatic valve is opened, an acousto-optic alarm; if not eliminating the cutting mechanism power according to a manual reset of the leakage alarm. pneumatic valve cuts off the air source, an acousto-optic alarm actions have been executed. [0049]).
Benson also discloses equipment-side usage data are obtained from a local memory unit of the motor vehicle (EDRs may record a wide range of data elements, potentially including whether the brakes were applied, the speed at the time of impact, the steering angle, and whether or not seat belt were engaged [0007]; Data from the aforementioned elements being gathered continuously (or on a preset time interval), and stored temporarily onboard local memory where they are identified (step 46) [0047]), updating equipment-side usage data on the basis of the current data (one or more data fields of the digital identity record may have an independent status, and the system 100 or external server may update the status of the digital identity record [0054]; All transmitted blocks may include basic information including identification number, vehicle identification number (VIN), current vehicle mileage, date and time, hash of previous block and proof-of-work nonce, as well as the new telemetry data or various other relevant data [0057]), sending the (updated) current data to an external unit outside the motor vehicle to update equipment- external usage data (Once said block chain is updated it is transmitted to the proprietary cloud network 31 by means of a multitude of transmission methods simultaneously (step 48) [0048]; the system 100 or external server may update the status of the digital identity record [0054]) and discloses obtain(ing) the equipment-external usage data from the external unit outside the motor vehicle (make vehicle CAN, EDR, ECU and OBD data available to pre-authorized insurance agents. Such agents can connect to the cloud network and validate claims, calculate a payout, provide coverage based on real usage patterns [0021]; Fig.2), storing the equipment-external usage data in the external unit (52, Fig.2; The system 100 may store the digital identity templates within the system 100 blockchain and/or in the database or ledger 43. When the system 100 receives a request to generate a digital identity record for an entity, the system 100 may retrieve a digital identity template, either from the system 100 blockchain or from the database 43, based on the type of the entity [0054]; This saving protocol allows for immutability of a document file that is not saved within the blockchain but on a non-blockchain data repository, such as an external database in communication with the network 31 [0063]), and comparing the equipment-side usage data with equipment-external usage data in relation to the previous use of the pressure container system of the motor vehicle (when the invention transmits vehicle CAN, EDR, ECU and OBD data by radio waves, XM radio waves, Blue Tooth and cellular and satellite networks, algorithms on the receiving end on the cloud network server compare the data in each transmission to ensure they are similar before accepting the data as sound and valid. [0020]; Upon being received by the cloud network, algorithms performing a ‘consensus protocol’ (step 49) whereby the multiple signals are compared for consistency as an extra security measure. When a majority of the signals are matched with the transmitted block chain data being archived (step 52) by algorithms according to preconfigured directories—such as but not limited to vehicle identification numbers (VINs); owners and the like. After being archived, algorithms on the cloud network managing and verifying the authorized stakeholders and allowing them to activate the distributed ledger to query or make addendums to the blockchain and receive comprehensive vehicle summary reports after the results are transmitted and routed through a cloud network and the process ending (step 54). Signal transmissions that do not match according to the consensus protocol are rejected (step 51) and the process is ended (step 54). [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirosh in view of Peoples, and Benson to determine and save equipment-side usage data in relation to previous use of the pressure container system (Peoples), update the data to reflect latest use to be able to compare the updated usage data (“equipment-side” data) to the previous use of the equipment (“equipment-external’ data) as known in the art (Benson) as applied, for example, to the pressure container system of the motor vehicle (Sirosh) similarly to comparing to the reference or rated data, while obtaining corresponding usage data from corresponding depositories such as local and remote databases storing the data as known in the art to determine usage/performance trends (to determine trends in compressor performance, Peoples, p.4) and/or avoid unauthorized data manipulation (the method of the current invention allows … the tamper-proof block chain preventing such fraud from occurring, Benson [0015]).
With regards to Claim 17, Sirosh further discloses initiating the one or more measures in relation to the further use of the pressure container system if the comparison shows that the previous use of the pressure container system indicated by the equipment-side usage data deviates from the previous use of the pressure container system indicated by the equipment-external usage data (Once the predetermined termination point of fill cycles is reached, the disclosed device/method will either disable the valve or refueling mechanism such that fuel supply to the vehicle is shutoff and the container cannot be filled again, Abstract; the controller deactivates the electrical solenoid to disable the valve and prevent further use of the hydrogen system after the number of fill cycles has reached the pre-determined number [0017]; A sensor 40 monitors each time the hydrogen container 10 is filled above 90% of the rated pressure or mass. Once the preset life is reached, the disclosed device/method will either disable the valve 12 or refueling mechanism such that fuel supply to the vehicle is shutoff and the container 10 cannot be filled again. This essentially assures the end of life of the container 10 [0028]).
With regards to Claims 18 and 24, Sirosh in view of Peoples, and Benson discloses the claimed invention as discussed in Claims 16.
Sirosh also discloses initiating the one or more measures relating to the further use of the pressure container system as discussed above.
However, Sirosh is silent with regards to determining on the basis of the comparison of the equipment-side usage data with the equipment-external usage data whether the equipment-side usage data have been changed and/or manipulated; and initiate the one or more measures relating to the further use of the pressure container system if it is determined that the equipment-side usage data have been changed and/or manipulated (Claim 18), wherein the equipment-external usage data are protected from manipulation and/or modification by one or more security methods (Claim 24).
Benson discloses determining on the basis of the comparison of the equipment-side usage data with the equipment-external usage data whether the equipment-side usage data have been changed and/or manipulated (The distributed ledger containing the unalterable information and/or data is held at one or more central nodes that verify accuracy and control distribution of that information and/or data or value-added derivations thereof to authorized users, customers or governmental entities. The owner or operator of the vehicle has no permission to control the generation, or the alteration, of the data retrieved from said vehicle [0016]; The predefined criteria may include scheduled intervals of time of vehicle usage, vehicle mileage, diagnostic codes or loss of contact with OBD-2 or ECU [0056]; a sensor that detects when the vehicle has been placed on a lift, and/or data from a sensor that detects when the system 100 has been tampered with [0057]; the user's human-readable derivative record may further include additional “pushes” that were not approved by the consensus protocol. In yet further embodiments, the user's human-readable derivative record may further include analysis of vehicle price, condition, comparisons to other similar vehicle records within the network 31 or other derived scores or measurements from on-chain or off-chain information [0062]).
Benson also discloses initiating the one or more measures relating to the further use of the pressure container system if it is determined that the equipment-side usage data have been changed and/or manipulated (All transmitted blocks may include basic information including identification number, vehicle identification number (VIN), current vehicle mileage, date and time, hash of previous block and proof-of-work nonce, as well as the new telemetry data or various other relevant data. The other relevant data may include vehicle diagnostic codes, installation of new hardware, changes in status of the vehicle, or other data obtained from vehicle sensors. For instance, the other relevant data may include information that the OBD-2 has been tampered with or disconnected from the system 100, data from a sensor that detects when the vehicle has been placed on a lift, and/or data from a sensor that detects when the system 100 has been tampered with [0057]) and the equipment-external usage data are protected from manipulation and/or modification by one or more security methods (Said signals being organized and governed by a predetermined and agreed upon smart contract 41 and a secure blockchain digital certificate distributed ledger 43 [0050]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirosh in view of Peoples, and Benson to determine on the basis of the comparison of the equipment-side usage data with the equipment-external usage data whether the equipment-side usage data have been changed and/or manipulated; and initiate the one or more measures relating to the further use of the pressure container system if it is determined that the equipment-side usage data have been changed and/or manipulated to protect the data using security methods known in the art to avoid fraudulent actions (allows the odometer to be verified against mileage data in the tamper-proof block chain preventing such fraud from occurring, Benson [0015]).
With regards to Claim 20, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed above in regards to Claims 16 and 17.
With regards to Claim 21, Sirosh discloses that the nominal use includes: a nominal number of usage cycles of the pressure container system; a nominal service life of the pressure container system; a nominal pressure and/or a nominal pressure gradient during the use of the pressure container system; and/or a nominal temperature during the use of the pressure container system (hydrogen storage containers a limited lifespan. Once a sufficient number of fill cycles, and thus high strain has been placed on the container 10, the container can no longer be utilized [0031]; The sensor 40 monitors the number of fill cycles until the number of fill cycles reaches a predetermined termination point. When the number of fill cycles have reached this predetermined termination point, a shut-off device is activated [0033]; the container 10 would be designed for fill cycles totaling about 1250 cycles. In this example, 1250 would be the predetermined termination point for the number of cycles for the exemplary hydrogen storage system. After the controller 42 has counted the number of cycles designed for the system [0036]).
With regards to Claim 22, Sirosh discloses wherein the equipment-side usage data and/or the equipment-external usage data indicate: a total number to date of cycles of use of the pressure container system; and/or a previous service life of the pressure container system (The sensor 40 monitors the number of fill cycles [0033] and as discussed above).
With regards to Claim 26, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed with regards to Claim 18 above.
With regards to Claim 27, Sirosh discloses wherein the operating data indicate: an operating power of the equipment; or an operating time of the equipment (hydrogen storage containers a limited lifespan. Once a sufficient number of fill cycles, and thus high strain has been placed on the container 10, the container can no longer be utilized. This system provides a means to monitor the amount of strain and fatigue placed on the hydrogen storage container 10 [0031]; To monitor the life of the container 10, a sensor 40 is incorporated to monitor the number of fill cycles to the container 10. In exemplary implementations, the sensor 40 is a strain gauge. Any type of gauge or sensor 40 may be utilized to signal that a fill has been made [0032]).
With regards to Claim 29, Sirosh discloses wherein the pressure container system comprises one or more pressure containers for storing a fuel, or the equipment comprises an energy converter which is set up to generate electrical energy for the operation of the equipment from fuel from the pressure container system, and/or the equipment is a motor vehicle (A safety mechanism designed for an on-board hydrogen storage and supply system to deliver hydrogen to a vehicle powertrain is disclosed [0003]).
With regards to Claim 30 and 31, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed above in regards to Claims 16 and 17.
With regards to Claim 32, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed with regards to Claim 18 and Claim 30 above.
With regards to Claim 34, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed above in regards to Claims 30 and 16-18.
With regards to Claim 35, Sirosh in view of Peoples, and Benson discloses the claim limitations as discussed above in regards to Claims 34, 30, and 21.
Response to Arguments
35 U.S.C. 103
Applicant’s arguments with respect to claim(s) 16 (30) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER SATANOVSKY whose telephone number is (571)270-5819. The examiner can normally be reached on M-F: 9 am-5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached on (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER SATANOVSKY/
Primary Examiner, Art Unit 2863