DETAILED ACTION
This office action is in response to the application filed on 2/1/2024 in which claims 1-18 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations are not directed to any of the statutory categories.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "unit configured to" in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 8-10, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuwelkar et al. (US20160080784A1).
As to claims 1 and 8-10, Kuwelkar teaches a relay device that relays a packet containing audio data from an upper side to a lower side of an in-vehicle network, the relay device comprising: ([0051] FIG. 7 is an example communication system 700 for sending data from multiple sources as a super stream. For example, as described above, packets may be sent between a talker (e.g., talker 702) and a listener (listener 704) in an AVB network. [0053] Returning to FIG. 7, the channel map (e.g., channel map 800 of FIG. 8) may be utilized to reconstruct the audio stream at listener 704. Using the channel map, the listener may determine which channel of the super stream includes samples from a particular channel of a particular source in order to provide that data to the proper channel for a given output device (e.g., output devices 1-3). [0052] The output devices may include different speakers within the vehicle.)
an upper port configured to receive an upper packet containing audio data of a plurality of channels; ([0051] FIG. 7 is an example communication system 700 for sending data from multiple sources as a super stream. For example, as described above, packets may be sent between a talker (e.g., talker 702) and a listener (listener 704) in an AVB network. Multiple sources (e.g., sources 1-3) may provide data for audio/video streams to a talker for transmission to a listener.)
a plurality of lower ports configured to output lower packets containing audio data of one or a plurality of channels; and ([0052] The output devices may include different speakers within the vehicle. Under certain conditions, audio from different sources may be output by different speakers to emphasize the different types of audio. Accordingly, mapping sources to channels in the super stream ensures that the output will be presented at the proper output device.)
a generation unit configured to reconstruct the upper packet to generate the lower packets, wherein ([0053] Returning to FIG. 7, the channel map (e.g., channel map 800 of FIG. 8) may be utilized to reconstruct the audio stream at listener 704.)
the plurality of lower ports include a first lower port and a second lower port, ([0053] Using the channel map, the listener may determine which channel of the super stream includes samples from a particular channel of a particular source in order to provide that data to the proper channel for a given output device (e.g., output devices 1-3). For example, channels 0 and 1 of Output device 2 may be configured to receive data from channels 0 and 1 of source 3, respectively. In order to ensure the right data is provided to the right output, the listener may utilize a channel map to determine where in the super stream channels 0 and 1 of source 3 are positioned and provide samples in those locations to channels 0 and 1 of Output 2.)
the first lower port is a starting point of a first network that is located below the relay device, (Fig. 7 Listener 704 to output 1)
the second lower port is a starting point of a second network that is located below the relay device and does not share nodes with the first network, and(Fig. 7 Listener 704 to output 2)
the generation unit deletes audio data of a channel to be reproduced in the second network from the audio data contained in the upper packet, to construct audio data to be contained in the lower packet to be outputted from the first lower port. ([0053] Returning to FIG. 7, the channel map (e.g., channel map 800 of FIG. 8) may be utilized to reconstruct the audio stream at listener 704. Using the channel map, the listener may determine which channel of the super stream includes samples from a particular channel of a particular source in order to provide that data to the proper channel for a given output device (e.g., output devices 1-3). For example, channels 0 and 1 of Output device 2 may be configured to receive data from channels 0 and 1 of source 3, respectively. In order to ensure the right data is provided to the right output, the listener may utilize a channel map to determine where in the super stream channels 0 and 1 of source 3 are positioned and provide samples in those locations to channels 0 and 1 of Output 2.)
As to claims 2 and 13, Kuwelkar teaches the relay device according to claim 1, wherein the generation unit deletes, from the audio data contained in the upper packet, audio data of a channel to be outputted in the first network, to construct audio data to be contained in the lower packet to be outputted from the second lower port. ([0053] Returning to FIG. 7, the channel map (e.g., channel map 800 of FIG. 8) may be utilized to reconstruct the audio stream at listener 704. Using the channel map, the listener may determine which channel of the super stream includes samples from a particular channel of a particular source in order to provide that data to the proper channel for a given output device (e.g., output devices 1-3). For example, channels 0 and 1 of Output device 2 may be configured to receive data from channels 0 and 1 of source 3, respectively. In order to ensure the right data is provided to the right output, the listener may utilize a channel map to determine where in the super stream channels 0 and 1 of source 3 are positioned and provide samples in those locations to channels 0 and 1 of Output 2.)
Allowable Subject Matter
Claims 3-7, 11, 12, and 14-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Olsen et al. (US20130166674A1) [0045]- [0054]
Seo et al. (US20150003456A1) whole document
Nobauer et al. (US20150131443A1) [0044]- [0046]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON S WILLIAMS whose telephone number is (571)272-9933. The examiner can normally be reached 8-4 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at (571) 270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Elton Williams/Examiner, Art Unit 2465