Detailed Office Action
Status of Claims
This Office Action is in response to the Applicant’s amendments and remarks filed 09/26/2025. The applicant has amended claims 1, 9, 11, and 12. Claims 1-18 are presently pending and are presented for examination.
Response to Amendment
The amendment filed 09/26/2025 has been entered. Claims 1-18 remain pending in the application.
Reply to Applicant’s Remarks
Applicant’s remarks filed 09/26/2025 have been fully considered and are addressed as follows:
Claim Rejections Under 35 U.S.C. 101:
Applicant’s amendments to the claims filed 09/26/2025 have not overcome the 35 U.S.C 101 rejections previously set forth. The claims limitations set forth in Claims 1 and 11 are directed to mental processes and does not provide any additional limitations that may provide a practical application or significantly more than the judicial exception. The applicant argues that the inclusion of the computer components recited in the claims may provide a practical application or significantly more, however the examiner respectfully disagrees. The examiner submits that the limitations of the computer components merely use the components as a tool to perform an abstract idea.
Therefore, because the claims contain only mental processes and extra solution activities, the claims do not include any additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception. Mere instructions to apply an exception cannot provide an inventive concept.
See below for detailed rejection.
Claim Rejections Under 35 U.S.C. 102/103:
Applicant’s arguments, see Arguments/Remarks, filed 09/26/2025, with regard to the rejections of Claims 1 and 11 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference(s).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
101 Analysis - With respect to Claim 1
Claims 1 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis - Step 1:
Claim 1 is directed towards a system which is directed to the statutory category of a machine. Claim 11 is directed towards a method which is directed to the statutory category of a process. Therefore Claims 1 and 11 are within at least one of the four statutory categories.
101 Analysis- Step 2A Prong One:
Regarding Prong One of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental process.
Independent claim 11 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection.
Claim 11 recites, inter alai:
“A method of vehicle diagnostics comprising:
establishing a data connection between a vehicle communication interface (VCI) of a vehicle under diagnostic test and a diagnostic server;
establishing a data connection between a human-machine interface (HMI) and the diagnostic server via a wide-area network (WAN);
transmitting initiation data from the HMI to the diagnostic server to initiate a diagnostic procedure of the vehicle;
transmitting the initiation data from the diagnostic server to the VCI to initiate the diagnostic procedure;
generating a diagnostic report based upon diagnostic data received from the VCI in response to the initiation data; and
transmitting the diagnostic report to the HMI,
wherein the VCI is in data communication with a diagnostic bus of the vehicle, and the diagnostic server is configured to interface with a plurality of diagnostic protocols, at least one of the plurality of diagnostic protocols being utilized by the vehicle,
the diagnostic server is in data communication with a specialty server having a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the diagnostic protocols, and
the diagnostic server utilizes the specialty server to generate the diagnostic report in response to the vehicle utilizing the specialty diagnostic protocol.”
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind.
For example, “generating” in the context of this claim, encompasses a person looking at available data and forming a simple judgement (determination, analysis, comparison, etc.) either manually or using a pen and paper. Accordingly, the claim recites at least one abstract idea. The examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).
As drafted, the above claims, under their broadest reasonable interpretation, cover mental processes performed in the human mind (including an observation, evaluation, judgement, opinion), that are merely completed via generic computer components. Accordingly, the claims recite an abstract idea.
Step 2A Prong Two Analysis:
Regarding Prong Two of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
Claim 11 recites, inter alai:
“A method of vehicle diagnostics comprising:
establishing a data connection between a vehicle communication interface (VCI) of a vehicle under diagnostic test and a diagnostic server;
establishing a data connection between a human-machine interface (HMI) and the diagnostic server via a wide-area network (WAN);
transmitting initiation data from the HMI to the diagnostic server to initiate a diagnostic procedure of the vehicle;
transmitting the initiation data from the diagnostic server to the VCI to initiate the diagnostic procedure;
generating a diagnostic report based upon diagnostic data received from the VCI in response to the initiation data; and
transmitting the diagnostic report to the HMI,
wherein the VCI is in data communication with a diagnostic bus of the vehicle, and the diagnostic server is configured to interface with a plurality of diagnostic protocols, at least one of the plurality of diagnostic protocols being utilized by the vehicle,
the diagnostic server is in data communication with a specialty server having a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the diagnostic protocols, and
the diagnostic server utilizes the specialty server to generate the diagnostic report in response to the vehicle utilizing the specialty diagnostic protocol.”
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “establishing a data connection…”, “transmitting …”, “…in data communication with…”, these limitation merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose vehicle control environment. See Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. at 223 (“[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”). The device(s) and processor(s) are recited at a high level of generality and merely automates the steps.
Further, the above limitations merely describes the sending and receiving of data which is in insignificant extra solution activity. See MPEP § 2106.05(g).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B Analysis:
The claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using computer components. Mere instructions to apply an exception using computer components cannot provide an inventive concept. The claims are not patent eligible.
Regarding dependent claims 2-10 and 12-18, no claim further adds a limitation that introduces any practical applications to the claimed invention, the dependent claims merely add more mental process, mathematical concepts, and post-solution activities and are thus not patent eligible.
Therefore, Claims 1-18 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 5, 6, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1).
Regarding Claim 1, Hayes teaches a vehicle diagnostic system (see at least Hayes [¶ 2] Aspects of the disclosure generally relate to sensors and the analysis of vehicular conditions obtained from sensors. In particular, various aspects of the disclosure include a framework for determining a holistic vehicle characteristic and/or to generate parameters for a vehicle service)
comprising:
a diagnostic server with a server memory (see at least Hayes [¶ 22, 42] FIG. 1 illustrates a block diagram of a computing device, server, or system 101 in communication system 100…The device 101 may have a processor 103 for controlling overall operation of the device 101 and its associated components, including RAM 105, ROM 107, input/output module 109, and memory 115…The system 200 also may include a remote, local, or connected server or computing system for generating parameters for a vehicle service (“vehicle service parameter generation server”) 220, containing some or all of the hardware/software components as the computing device 101 depicted in FIG. 1).
the VCI configured to interface with a diagnostic bus of a vehicle (see at least Hayes [¶ 22] The computing device 101, along with one or more additional devices (e.g., terminals 141, 151, 161) may correspond to any of multiple systems or devices, such as wireless computing devices 141, configured as described herein for receiving data obtained from sensors within, and third party computing systems 161 (e.g., telematics servers, vehicle on board diagnostics (OBD) servers, etc.), configured as described herein for receiving vehicle data gathered from sensors in vehicles 161 and presenting the data to relevant parties, including management system 101)
and a human-machine interface (HMI) in data communication with diagnostic server, the HMI having an input component and an output component (see at least Hayes [¶ 23-25] The management system 101 may operate in a networked environment 100 supporting connections to one or more remote computers, such as terminals 141 151, and 161. The terminals 141, 151, and 161 may be personal computers, servers (e.g., web servers, database servers), or mobile communication devices (e.g., vehicle telematics devices, on-board vehicle computers, mobile phones, portable computing devices, and the like), and may include some or all of the elements described above with respect to the management system 101…Input/Output (I/O) 109 may include, for example, a microphone, keypad, touch screen, and/or stylus through which a user of the computing device 101 may provide input, and may also include one or more of a speaker for providing audio output and a video display device for providing textual, audiovisual and/or graphical output)
wherein, the diagnostic server generates a diagnostic report in response to receiving diagnostic data compatible with one of the diagnostic protocols from the VCI (see at least Hayes [¶ 32, 43, 46] a computing device, server, or system (e.g., “management system”) may manage requests to determine a holistic characteristic of a vehicle or generate or determine parameters for use in a vehicle service contract for the vehicle, and coordinate usage of various sensors to obtain data metrics, and make assessments…Calculations may be executed by one or more software applications running on generic or specialized hardware within the vehicle service parameter generation server 220. The engines 222A-222B may use the vehicle conditions data received from the vehicle conditions computer system 225 and/or user device 240 and compare to original vehicle conditions stored in vehicle database 223…To generate one or more parameters for use in, for example, a vehicle service contract using an objective assessment of conditions directly from sensors, the vehicle service parameter generation server 220A may initiate communication with and/or retrieve data from one or more vehicles 210, vehicle conditions computer systems 225, user device(s) 240, and additional computer systems 231-233 storing data that may be relevant to the generation of the vehicle service contract (“VSC”)) The diagnostic server disclosed in Hayes generates and outputs “holistic characteristic of a vehicle” and “parameters for use in a vehicle service contract”, which are analogous to a diagnostic report. In order to generate such outputs it must be true that the received and collected data is compatible with the disclosed diagnostic server’s diagnostic protocols.
the diagnostic server is configured to relay a command from the HMI to the diagnostic bus via the VCI (see at least Hayes [¶ 81, 24] step 402 may include receiving a request from a user device…Processor 103 and its associated components may allow the management system 101 to execute a series of computer-readable instructions to receive a request from a wireless computing device 141 of a user (e.g., to price a vehicle or generate a VSC), establish connections with sensors found in terminals 141, 151, 161, obtain current data (including but not limited to, quantifiable data, image data, video data, sound data, and/or movement data) from sensors that can determine present conditions of one or more vehicle features, receive reference data from terminals 141, 151, 161, perform an analysis based on a comparison of current data to reference data, and execute the request)
the diagnostic server is configured to relay data from the diagnostic bus via the VCI to the HMI (see at least Hayes [¶ 81, 24, 64] Step 308B may include receiving, from the electronic system(s) of the vehicle via the second data connection, current vehicle conditions for a plurality of vehicle features)
wherein the diagnostic server is in data communication with the HMI via a wide-area network (WAN) (see at least Hayes [¶ 25] The management system 101 may operate in a networked environment 100 supporting connections to one or more remote computers, such as terminals 141 151, and 161. The terminals 141, 151, and 161 may be personal computers, servers (e.g., web servers, database servers), or mobile communication devices (e.g., vehicle telematics devices, on-board vehicle computers, mobile phones, portable computing devices, and the like), and may include some or all of the elements described above with respect to the management system 101. The network connections depicted in FIG. 1 include a local area network (LAN) 125 and a wide area network (WAN) 129, and a wireless telecommunications network 133, but may also include other networks).
However, Hayes does not explicitly teach the memory having stored thereon instructions to interface with a plurality of diagnostic protocols;
a specialty server having a specialty memory and in data communication with the diagnostic server, the specialty memory having stored thereon information not otherwise available to server memory including an updated diagnostic information table, and;
a vehicle communication interface (VCI) in data communication with the diagnostic server.
Xiao, in the same field as the endeavor, teaches the memory having stored thereon instructions to interface with a plurality of diagnostic protocols (see at least Xiao [Abstract and ¶ 69, 104, 173] a diagnostic method for a vehicle. The method includes: receiving, by a diagnostic server, a connection request message sent by a terminal, the connection request message being used to request address information of a diagnostic server corresponding to a to-be-diagnosed vehicle...after a communication connection is established between the terminal and the diagnostic server, the diagnostic server is used to diagnose the vehicle, so that a plurality of vehicles can be diagnosed by using the terminal...The memory 802 stores an instruction that may be executed by the at least one processor 801. The at least one processor 801 is configured to execute the instruction to implement the diagnostic method for a vehicle applied to the diagnostic server…the diagnostic server is thus used to diagnose the vehicle, so that a repair factory does not need to purchase related diagnostic services from different manufacturers respectively or spend a large number of human and financial resources on analysis of and research on diagnostic protocols of various vehicles, and diagnosis of a plurality of vehicles may be implemented by using the terminal, improving diagnostic efficiency and greatly reducing economic costs of the repair factory for diagnosis of the vehicles)
a specialty server having a specialty memory and in data communication with the diagnostic server, the specialty memory having stored thereon information not otherwise available to server memory including an updated diagnostic information table (see at least Xiao [¶ 104, 78, 173] the diagnostic method for a vehicle according to the embodiment of the present invention, when several diagnostic servers that can diagnose vehicles of different models are constructed as a cloud diagnostic server cluster managed by the management server, and when the connection request message for a vehicle is sent by the terminal to the management server, the management server allocates the corresponding diagnostic server to the terminal based on the connection request message, and the diagnostic server is thus used to diagnose the vehicle, so that a repair factory does not need to purchase related diagnostic services from different manufacturers respectively or spend a large number of human and financial resources on analysis of and research on diagnostic protocols of various vehicles...Diagnostic software that can diagnose a certain vehicle (or a certain ECU), such as original equipment manufacturer (OEM) software provided by an automobile manufacturer, is run in each diagnostic server 30. Diagnostic data of a corresponding vehicle (or ECU) may be analyzed and diagnosed through the diagnostic software. Each diagnostic server 30 may be communicatively connected to the management server 20 through a wired or wireless network, so that the management server 20 may deploy each diagnostic server 30 in real time and obtain an operating status of each diagnostic server 30. A plurality of diagnostic servers 30 may constitute a cloud diagnostic server cluster managed and deployed by the management server 20...The memory 802 stores an instruction that may be executed by the at least one processor 801. The at least one processor 801 is configured to execute the instruction to implement the diagnostic method for a vehicle applied to the diagnostic server in) Xiao discloses the user of a management server in data communication to a diagnostic server having the ability to interface with multiple types of vehicles and their respective diagnostic protocols, that are not otherwise available without the special diagnostic server
a vehicle communication interface (VCI) in data communication with the diagnostic server (see at least Xiao [¶ 76, 54] the terminal 10 may be in communication connection with the to-be-diagnosed vehicle 201 or 202 through any type of vehicle communication interface (VCI), on-board diagnostic (OBD) system, and the like…several diagnostic servers that can diagnose different vehicles are constructed as a cloud diagnostic server cluster managed by the management server, and when the connection request message for a vehicle is sent by the terminal to the management server, the management server allocates the corresponding diagnostic server to the terminal based on the connection request message).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for teach the memory having stored thereon instructions to interface with a plurality of diagnostic protocols, a specialty server having a specialty memory and in data communication with the diagnostic server, the specialty memory having stored thereon information not otherwise available to server memory including an updated diagnostic information table, and a vehicle communication interface (VCI) in data communication with the diagnostic server with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefits discussed by Xiao (see at least Xiao [¶ 06, 54] achieving relatively high user experience….improving diagnostic efficiency and greatly reducing economic costs of the repair factory for diagnosis of the vehicles).
Regarding Claim 11, Hayes teaches a method of vehicle diagnostics (see at least Hayes [¶ 2, 22, 42] Aspects of the disclosure generally relate to sensors and the analysis of vehicular conditions obtained from sensors. In particular, various aspects of the disclosure include a framework for determining a holistic vehicle characteristic and/or to generate parameters for a vehicle service)
comprising:
establishing a data connection between a human-machine interface (HMI) and the diagnostic server via a wide-area network (WAN) (see at least Hayes [¶ 25] The management system 101 may operate in a networked environment 100 supporting connections to one or more remote computers, such as terminals 141 151, and 161. The terminals 141, 151, and 161 may be personal computers, servers (e.g., web servers, database servers), or mobile communication devices (e.g., vehicle telematics devices, on-board vehicle computers, mobile phones, portable computing devices, and the like), and may include some or all of the elements described above with respect to the management system 101. The network connections depicted in FIG. 1 include a local area network (LAN) 125 and a wide area network (WAN) 129, and a wireless telecommunications network 133, but may also include other networks
transmitting initiation data from the HMI to the diagnostic server to initiate a diagnostic procedure of the vehicle (see at least Hayes [¶ 81, 24] In some embodiments, step 402 may include receiving a request from a user device...Processor 103 and its associated components may allow the management system 101 to execute a series of computer-readable instructions to receive a request from a wireless computing device 141 of a user (e.g., to price a vehicle or generate a VSC), establish connections with sensors found in terminals 141, 151, 161, obtain current data (including but not limited to, quantifiable data, image data, video data, sound data, and/or movement data) from sensors that can determine present conditions of one or more vehicle features, receive reference data from terminals 141, 151, 161, perform an analysis based on a comparison of current data to reference data, and execute the request)
transmitting the initiation data from the diagnostic server to the VCI to initiate the diagnostic procedure (see at least Hayes [¶ 46] To generate one or more parameters for use in, for example, a vehicle service contract using an objective assessment of conditions directly from sensors, the vehicle service parameter generation server 220A may initiate communication with and/or retrieve data from one or more vehicles 210, vehicle conditions computer systems 225, user device(s) 240, and additional computer systems 231-233 storing data that may be relevant to the generation of the vehicle service contract (“VSC”).
generating a diagnostic report based upon diagnostic data received from the VCI in response to the initiation data (see at least Hayes [¶ 32, 43, 46] a computing device, server, or system (e.g., “management system”) may manage requests to determine a holistic characteristic of a vehicle or generate or determine parameters for use in a vehicle service contract for the vehicle, and coordinate usage of various sensors to obtain data metrics, and make assessments…Calculations may be executed by one or more software applications running on generic or specialized hardware within the vehicle service parameter generation server 220. The engines 222A-222B may use the vehicle conditions data received from the vehicle conditions computer system 225 and/or user device 240 and compare to original vehicle conditions stored in vehicle database 223…To generate one or more parameters for use in, for example, a vehicle service contract using an objective assessment of conditions directly from sensors, the vehicle service parameter generation server 220A may initiate communication with and/or retrieve data from one or more vehicles 210, vehicle conditions computer systems 225, user device(s) 240, and additional computer systems 231-233 storing data that may be relevant to the generation of the vehicle service contract (“VSC”)) The diagnostic server disclosed in Hayes generates and outputs “holistic characteristic of a vehicle” and “parameters for use in a vehicle service contract”, which are analogous to a diagnostic report.
transmitting the diagnostic report to the HMI (see at least Hayes [¶ 23-25, 64] The management system 101 may operate in a networked environment 100 supporting connections to one or more remote computers, such as terminals 141 151, and 161. The terminals 141, 151, and 161 may be personal computers, servers (e.g., web servers, database servers), or mobile communication devices (e.g., vehicle telematics devices, on-board vehicle computers, mobile phones, portable computing devices, and the like), and may include some or all of the elements described above with respect to the management system 101…Step 308B may include receiving, from the electronic system(s) of the vehicle via the second data connection, current vehicle conditions for a plurality of vehicle features)
wherein the VCI is in data communication with a diagnostic bus of the vehicle (see at least Hayes [¶ 22] The computing device 101, along with one or more additional devices (e.g., terminals 141, 151, 161) may correspond to any of multiple systems or devices, such as wireless computing devices 141, configured as described herein for receiving data obtained from sensors within, and third party computing systems 161 (e.g., telematics servers, vehicle on board diagnostics (OBD) servers, etc.), configured as described herein for receiving vehicle data gathered from sensors in vehicles 161 and presenting the data to relevant parties, including management system 101)
However, Hayes does not explicitly teach, establishing a data connection between a vehicle communication interface (VCI) of a vehicle under diagnostic test and a diagnostic server,
the diagnostic server is configured to interface with a plurality of diagnostic protocols, at least one of the plurality of diagnostic protocols being utilized by the vehicle, and
the diagnostic server is in data communication with a specialty server having a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the diagnostic protocols
and the diagnostic server utilizes the specialty server to generate the diagnostic report in response to the vehicle utilizing the specialty diagnostic protocol.
Xiao, in the same field as the endeavor, teaches establishing a data connection between a vehicle communication interface (VCI) of a vehicle under diagnostic test and a diagnostic server (see at least Xiao [¶ 76, 54] the terminal 10 may be in communication connection with the to-be-diagnosed vehicle 201 or 202 through any type of vehicle communication interface (VCI), on-board diagnostic (OBD) system, and the like…several diagnostic servers that can diagnose different vehicles are constructed as a cloud diagnostic server cluster managed by the management server, and when the connection request message for a vehicle is sent by the terminal to the management server, the management server allocates the corresponding diagnostic server to the terminal based on the connection request message)
the diagnostic server is configured to interface with a plurality of diagnostic protocols, at least one of the plurality of diagnostic protocols being utilized by the vehicle (see at least Xiao [Abstract and ¶ 69, 104, 173] a diagnostic method for a vehicle. The method includes: receiving, by a diagnostic server, a connection request message sent by a terminal, the connection request message being used to request address information of a diagnostic server corresponding to a to-be-diagnosed vehicle...after a communication connection is established between the terminal and the diagnostic server, the diagnostic server is used to diagnose the vehicle, so that a plurality of vehicles can be diagnosed by using the terminal...The memory 802 stores an instruction that may be executed by the at least one processor 801. The at least one processor 801 is configured to execute the instruction to implement the diagnostic method for a vehicle applied to the diagnostic server…the diagnostic server is thus used to diagnose the vehicle, so that a repair factory does not need to purchase related diagnostic services from different manufacturers respectively or spend a large number of human and financial resources on analysis of and research on diagnostic protocols of various vehicles, and diagnosis of a plurality of vehicles may be implemented by using the terminal, improving diagnostic efficiency and greatly reducing economic costs of the repair factory for diagnosis of the vehicles)
the diagnostic server is in data communication with a specialty server having a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the diagnostic protocols (see at least Xiao [¶ 104, 78, 173] the diagnostic method for a vehicle according to the embodiment of the present invention, when several diagnostic servers that can diagnose vehicles of different models are constructed as a cloud diagnostic server cluster managed by the management server, and when the connection request message for a vehicle is sent by the terminal to the management server, the management server allocates the corresponding diagnostic server to the terminal based on the connection request message, and the diagnostic server is thus used to diagnose the vehicle, so that a repair factory does not need to purchase related diagnostic services from different manufacturers respectively or spend a large number of human and financial resources on analysis of and research on diagnostic protocols of various vehicles...Diagnostic software that can diagnose a certain vehicle (or a certain ECU), such as original equipment manufacturer (OEM) software provided by an automobile manufacturer, is run in each diagnostic server 30. Diagnostic data of a corresponding vehicle (or ECU) may be analyzed and diagnosed through the diagnostic software. Each diagnostic server 30 may be communicatively connected to the management server 20 through a wired or wireless network, so that the management server 20 may deploy each diagnostic server 30 in real time and obtain an operating status of each diagnostic server 30. A plurality of diagnostic servers 30 may constitute a cloud diagnostic server cluster managed and deployed by the management server 20...The memory 802 stores an instruction that may be executed by the at least one processor 801. The at least one processor 801 is configured to execute the instruction to implement the diagnostic method for a vehicle applied to the diagnostic server in) Xiao discloses the user of a management server in data communication to a diagnostic server having the ability to interface with multiple types of vehicles and their respective diagnostic protocols, that are not otherwise available without the special diagnostic server
and the diagnostic server utilizes the specialty server to generate the diagnostic report in response to the vehicle utilizing the specialty diagnostic protocol (see at least Xiao [¶ 128-129 ] The diagnostic data sending unit 66 is configured to send the diagnostic data to the diagnostic server, so that the diagnostic server diagnoses the vehicle based on the diagnostic data to obtain a diagnostic result…The diagnostic result receiving unit 67 is configured to receive the diagnostic result returned by the diagnostic server).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for establishing a data connection between a vehicle communication interface (VCI) of a vehicle under diagnostic test and a diagnostic server, the diagnostic server is configured to interface with a plurality of diagnostic protocols, at least one of the plurality of diagnostic protocols being utilized by the vehicle, and the diagnostic server is in data communication with a specialty server having a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the diagnostic protocols and the diagnostic server utilizes the specialty server to generate the diagnostic report in response to the vehicle utilizing the specialty diagnostic protocol with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefits discussed by Xiao (see at least Xiao [¶ 06, 54] achieving relatively high user experience….improving diagnostic efficiency and greatly reducing economic costs of the repair factory for diagnosis of the vehicles).
Regarding Claim 5, Hayes in view of Xiao teaches all limitations of Claim 1 as set forth above. Hayes further teaches wherein the diagnostic server is in data communication with the VCI via the WAN (see at least Hayes [¶ 25, 81] When used in a WAN networking environment, the system 101 may include a modem 127 or other means for establishing communications over the WAN 129, such as network 131 (e.g., the Internet)…step 402 may include receiving a request from a user device....The request may be electronically sent by the user device over a first data connection (e.g., via WAN 129, Internet 131, LAN 125, or a wireless telecommunications network 133, etc.) to holistic vehicle characteristic determination server 220B. The first data connection may be established, for example, when the user downloads the application or program that facilitate communication with holistic vehicle characteristic determination server 220B).
Regarding Claim 6 and Claim 16, Hayes in view of Xiao teaches all limitations of the system of Claim 5 and the method of Claim 11 as set forth above. Hayes further teaches wherein the WAN comprises the Internet (see at least Hayes [¶ 25] When used in a WAN networking environment, the system 101 may include a modem 127 or other means for establishing communications over the WAN 129, such as network 131 (e.g., the Internet)).
Claim 2 and Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1) and Bruneel et al (US 20190378355 A1). Hereafter referred to as Hayes, Xiao and Bruneel respectively.
Regarding Claim 2 and Claim 15, Hayes in view of Xiao teaches all limitations of the system Claim 1 and the method of Claim 11 as set forth above. However, Hayes does not explicitly teach wherein the VCI comprises a gateway module installed in the vehicle.
Bruneel, in the same field as the endeavor, teaches wherein the VCI comprises a gateway module installed in the vehicle (see at least Bruneel [¶ 53] wireless communications device 30 may be a standalone module or, in other embodiments, device 30 may be incorporated or included as a part of one or more other vehicle system modules, such as a center stack module (CSM), body control module (BCM) 24, an infotainment module, a head unit, and/or a gateway module. In some embodiments, the device 30 can be implemented as an OEM-installed (embedded) or aftermarket device that is installed in the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system wherein the VCI comprises a gateway module with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of using a communication system that is widely used in the art.
Claim 3 and Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1) and Jung (US 20240064029 A1). Hereafter referred to as Hayes, Xiao and Jung respectively.
Regarding Claim 3 and Claim 14, Hayes in view of Xiao teaches all limitations of the system of Claim 1 and the method of Claim 11 as set forth above. However, Hayes does not explicitly teach wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Local Interconnect Network (LIN) protocol.
Jung, in the same field as the endeavor, teaches wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Local Interconnect Network (LIN) protocol (see at least Jung [¶ 71] The communication device 110 may be configured to perform in-vehicle communication through CAN communication, LIN communication, or the like, and may be configured to communicate with the diagnotor 200 and the controller 300).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Local Interconnect Network (LIN) protocol with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the communications capabilities of the vehicle and diagnostics server by including multiple network protocols that are widely used in the art.
Claims 4, 7-8, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1) and Liu et al (US 20230215226 A1). Hereafter referred to as Hayes, Xiao, and Liu
Regarding Claim 4, Hayes in view of Xiao teaches all limitations of the system of Claim 1 as set forth above. However, Hayes does not explicitly teach wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Diagnostics Over Internet Protocol (DOIP) protocol.
Liu, in the same field as the endeavor, teaches wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Diagnostics Over Internet Protocol (DOIP) protocol (see at least Liu [¶ 18] The diagnostic connector 103 is a communication connector which may support a diagnostic communication over Internet protocol (Dip) communication protocol or a controller area network (CAN) communication protocol).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for wherein the plurality of diagnostic protocols includes a Controller Area Network (CAN) protocol and a Diagnostics Over Internet Protocol (DOIP) protocol with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the communications capabilities of the vehicle and diagnostics server by including multiple communication protocols that are widely used in the art.
Regarding Claim 7 and Claim 17, Hayes in view of Xiao teaches all limitations of the system of Claim 1 and the method of Claim 11. However, Hayes does not explicitly teach wherein the diagnostic bus of the vehicle comprises a Controller Area Network (CAN) bus.
Liu, in the same field as the endeavor, teaches wherein the diagnostic bus of the vehicle comprises a Controller Area Network (CAN) bus (see at least Liu [¶ 17-18, 22, 4] The diagnostic connector 103 is a communication connector which may support a diagnostic communication over Internet protocol (Dip) communication protocol or a controller area network (CAN) communication protocol… In some implementations, a communication protocol which can be applied in the vehicle to-be-diagnosed 104 includes the CAN communication protocol and/or the Dip communication protocol…the diagnostic connector is configured to establish a communication connection with the diagnostic interface; and the diagnostic connector is configured to establish a communication connection with a vehicle to-be-diagnosed).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for wherein the diagnostic bus of the vehicle comprises a Controller Area Network (CAN) bus with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of implementing communication hardware into the vehicle that is widely used in the art.
Regarding Claim 8 and Claim 18, Hayes in view of Xiao teaches all limitations of the system of Claim 1 and the method of Claim 11. However, Hayes does not explicitly teach wherein the diagnostic bus of the vehicle comprises a Diagnostics Over Internet Protocol (DOIP) bus.
Liu, in the same field as the endeavor, teaches wherein the diagnostic bus of the vehicle comprises a Diagnostics Over Internet Protocol (DOIP) bus. (see at least Liu [¶ 17-18, 22, 4] The diagnostic connector 103 is a communication connector which may support a diagnostic communication over Internet protocol (Dip) communication protocol or a controller area network (CAN) communication protocol… In some implementations, a communication protocol which can be applied in the vehicle to-be-diagnosed 104 includes the CAN communication protocol and/or the Dip communication protocol…the diagnostic connector is configured to establish a communication connection with the diagnostic interface; and the diagnostic connector is configured to establish a communication connection with a vehicle to-be-diagnosed).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for wherein the diagnostic bus of the vehicle comprises a Diagnostics Over Internet Protocol (DOIP) bus with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of implementing communication hardware into the vehicle that is widely used in the art.
Claim 9 and Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1) and Chiaverini (US 20140074346 A1). Hereafter referred to as Hayes, Xiao, and Chiaverini.
Regarding Claim 9, Hayes in view of Xiao teaches all limitations of the system of Claim 1 as set forth above. However, Hayes does not explicitly teach wherein the specialty server has a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the plurality of diagnostic protocols.
Chiaverini, in the same field as the endeavor, teaches wherein the specialty server has a specialty memory storing thereon instructions for utilizing a specialty diagnostic protocol distinct from each of the plurality of diagnostic protocols (see at least Chiaverini [¶ 9, 23] a system 100 for collecting diagnostic information by way of a wireless communication link for an appliance such as a vehicle 102 with a data control center 104 includes a device 108, an instrument 128, servers 116, 120, and 136, and user interface 142....Server 136 may store the received information, and may analyze or organize the data before distributing the data through connections 138 to one or more servers 120. Thus, it may act as a clearinghouse to help facilitate the determination of specialized assistance that may be appropriate from at least one server 120. Such servers 120 may be specialized for particular functions such as including a part ordering interface, databases of diagnostic or repair information that may be needed by instrument 128, client applications for use by instrument 128, databases of historical information that can be queried by server 136 in comparison to more up to date information, fleet management, insurance (e.g., repair after an accident), governmental control…or the like).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for a diagnostic server in communication with a specialty server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the versatility of the diagnostic system by expanding the available servers and protocols to more specialized applications as discussed in Chiaverini.
Regarding Claim 12, Hayes in view of Xiao teaches all limitations of Claim 11 as set forth above. However, Hayes does not explicitly teach generating the diagnostic report based upon the diagnostic data utilizing the specialty diagnostic protocol and transmitting the diagnostic report to the diagnostic server from the specialty server.
Chiaverini, in the same field as the endeavor, teaches
generating the diagnostic report based upon the diagnostic data utilizing the specialty diagnostic protocol (see at least Chiaverini [¶ 4, 9] a system 100 for collecting diagnostic information by way of a wireless communication link for an appliance such as a vehicle 102 with a data control center 104 includes a device 108, an instrument 128, servers 116, 120, and 136, and user interface 142....an exemplary system for reporting vehicle diagnostic information through one or more networks)
transmitting the diagnostic report to the diagnostic server from the specialty server (see at least Chiaverini [¶ 23] Server 136 may store the received information, and may analyze or organize the data before distributing the data through connections 138 to one or more servers 120).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Hayes to contain a system for generating the diagnostic report based upon the diagnostic data utilizing the specialty diagnostic protocol and transmitting the diagnostic report to the diagnostic server from the specialty server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the versatility of the diagnostic system by expanding the available servers and protocols to more specialized applications as discussed in Chiaverini.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al (US 20230377387 A1) in view of Xiao et al (US 20210014318 A1), Chiaverini (US 20140074346 A1) and Ma et al (CN 104765357 A). Hereafter referred to as Hayes, Xiao, Chiaverini, and Ma respectively.
Regarding Claim 10 and Claim 13, Hayes in view of Xiao and Chiaverini teaches all limitations of the System of Claim 9 and the method of Claim 12 as set forth above. However, Hayes does not explicitly teach wherein the specialty diagnostic protocol is associated with a component of the vehicle, and wherein the utilization of the specialty diagnostic protocol is authorized by a manufacturer of the component.
Chiaverini, in the same field as the endeavor, teaches wherein the specialty diagnostic protocol is associated with a component of the vehicle (see at least Chiaverini [¶ 23, 36] Such servers 120 may be specialized for particular functions such as including a part ordering interface, databases of diagnostic or repair information that may be needed by instrument 128… server 136 may make a decision on distribution of the information to servers 120. For example, the providing of data may be associated with a threshold value associated with the data (e.g., a mileage or time threshold must be met before the data is transmitted to a governmental server), a condition (e.g., an accident requiring the involvement of an insurance company), a diagnostic issue (e.g., the need for specialized information from a specific database server), or a part to be replaced based on the results of an analysis of appliance 102, among other considerations).
Ma, in the same field as the endeavor, teaches wherein the utilization of the specialty diagnostic protocol is authorized by a manufacturer of the component (see at least Ma [English Translation, pg.6 ¶ 19] This invention introduced bill server in the public key cryptosystem of vehicle remote diagnosis authorization system, the system the identity of the diagnostic session participant performs validity verification and authorization, and improves the safety of the vehicle remote diagnosis session. the bill server as a trusted third party, by sending authorization tickets to establish a trust relationship and diagnostic command management. the bill server or is a certain organization authorized by the vehicle manufacturer, maintenance department holder whose database is stored in the hardware configuration parameter of the vehicle, vehicle software version and vehicle performance diagnostic information).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the Hayes to contain a system for wherein the specialty diagnostic protocol is associated with a component of the vehicle, and wherein the utilization of the specialty diagnostic protocol is authorized by a manufacturer of the component with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the operation of the vehicle diagnostic system by expanding its capabilities to specific vehicle components that may require specialized applications as discussed in Chiaverini.
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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/JOSEPH ANDERSON YANOSKA/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664