DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 8-13 are 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.
Claims 8-11 recite an onboard electronic control unit, which appears to be an apparatus/device without any corresponding structure.
Claims 12 and 13 recite an off-board system, but the claims do not recite any corresponding structure for the system.
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 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.
Claim(s) 1-3, 8-10, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barr et al. (US 2003/0182419) in view of Emmanuel et al. (US 2015/0105121) in view of Corson et al. (US 2004/0141502).
Regarding claims 1 and 8, Barr et al. disclose a method performed by an onboard electronic control unit in a vehicle for managing message transmissions between the vehicle and an off-board system (Figure 6, communication between client side [vehicle] and server side [off-board system]; Abstract, communication between client communications framework and server communications framework; Paragraph 30, communication between TCU [onboard electronic control unit] of client side vehicle and server; Paragraph 45, message-based communication in both directions between client and server), the method comprising; For claim 8, Barr et al. also disclose an onboard electronic control unit comprised in a vehicle for managing message transmissions between the vehicle and an off-board system (Figure 6, communication between client side [vehicle] and server side [off-board system]; Abstract, communication between client communications framework and server communications framework; Paragraph 30, communication between TCU [onboard electronic control unit] of client side vehicle and server; Paragraph 45, message-based communication in both directions between client and server):
communicating a first fragment of a message between the vehicle and the off-board system via a first communication channel (Paragraph 46, a communication link will be established between the carlet application 502 via the connection objects 514a and 518a of the data multiplexer and flow controller 518c…For instance, the data multiplexer and flow controller connection object 518a may initially establish a connection 524 to a channel 1 (CH 1). Connection 524 will thus communicate with a complementary channel 1 (CH 1) of the server side; Paragraph 47, connection objects 514a and 518a have been established and are enabling data flow over connection 524 through channel 1; Paragraph 48, data being transferred over channel 1 prior to channel switching), the first communication channel having a first throughput, a first transfer rate (Paragraph 25, Each channel has certain properties associated with it such as bandwidth [encompasses throughput and transfer rate]);
detecting, by the vehicle, availability of a second communication channel (Paragraph 47, At some point in time, possibly when the client (e.g., a vehicle with a telematics control unit) enters a zone of higher bandwidth…channel 2 (CH 2) will become available. Its availability is detected by the channel monitor 522 of the communications framework 516a. If channel 2 is more desirable than channel 1, based on the policy set by the policy manager 520, the connection object 518a will initiate a switch to channel 2), the second communication channel having at least one of a second throughput higher than the first throughput (Paragraph 47, higher bandwidth; Paragraph 54, the new channel may be a higher or lower bandwidth channel; Paragraph 55, if the automobile moves through a location of higher bandwidth…or site that provides higher wireless bandwidth, the communications framework of the client side will detect the new availability of a new channel which will provides this higher bandwidth than that currently provided using a standard cell modem connection), a second transfer rate greater than the first transfer rate (Paragraph 47, higher bandwidth; Paragraph 54, the new channel may be a higher or lower bandwidth channel; Paragraph 55, if the automobile moves through a location of higher bandwidth…or site that provides higher wireless bandwidth, the communications framework of the client side will detect the new availability of a new channel which will provides this higher bandwidth than that currently provided using a standard cell modem connection), a second latency less than the first latency, a second path loss ratio less than the first path loss ratio, or a second inter-packet delay variation less than the first inter-packet delay variation; and
communicating a second fragment of the message between the vehicle and the off-board system via the second communication channel (Paragraph 47, switch to channel 2; Paragraph 48, The switch to channel 2 will then be synchronized using the synchronization control 527, such that data being transferred between the client side and the server side achieve synchronization (i.e., thus preventing data loss during the switch). For instance, the data flow over connection 524 may be stopped causing a backup at the carlet application side. Any data still in the process of being transferred over channel 1 would be allowed to complete before allowing the connection object 518a to switch to channel 2. This synchronization between the client side and server side will enable channel switching, while preventing loss of data. Accordingly, once the connection object 518a has established synchronization between the client side and the server side, and the connection object 518a has switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2. If any data was backed up at the client side, that data is then allowed to flow through channel 2).
Barr et al. do not disclose the following limitations that are disclosed by Emmanuel et al.: the first communication channel having a first latency, a first path loss ratio, and a first inter-packet delay variation (Emmanuel et al., Paragraph 108, selecting channels/bands for traffic and determining whether to move traffic to a different channel/band include, but is not limited to…delay [first latency], delay variation…the path loss).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barr et al. with the cited disclosure from Emmanuel et al. in order to consider additional factors when switching between channels for data transmission (Emmanuel et al., Paragraph 108).
Barr et al. in view of Emmanuel et al. do not disclose the following limitations that are disclosed by Corson et al.: a first fragment of a message via the first communication channel and a second fragment of the message via the second communication channel (Corson et al., Paragraph 18, switching between connections, e.g., links, used to communicate portions of packets may occur at…some point corresponding to transmission of a packet portion that is less than a full packet; Paragraph 45, Switching between communication connections corresponding to different sectors may occur at frame boundaries which occur within a packet or at frame boundaries which correspond to packet boundaries. Thus, different portions, e.g., frames, corresponding to the same packet may be transmitted via different sectors; Paragraph 77, switching the preferred downlink, over which portions of packets destined for the end node 200 should be delivered. The portions of packets may be e.g., complete packets or, in cases where one or more packets are transmitted using multiple frames for a packet, frames. Switching between utilized connections need not be limited to packet boundaries but may occur at frame boundaries which occur within a packet. Thus, in the FIG. 9 example, different portions, e.g., frames, corresponding to the same packet may be transmitted to the end node over different communication connections, e.g., wireless links, each corresponding to a different sector, protocol or standard, without the need to transmit the same packet portion to the end node multiple times).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barr et al. and Emmanuel et al. with the cited disclosure from Corson et al. in order to avoid transmitting a same packet portion multiple times (Corson et al., Paragraph 77).
Regarding claims 2 and 9, Barr et al. and Corson et al. disclose wherein the onboard electron control unit is configured to communicate the first fragment of the message between the vehicle and the off-board system via the first communication channel comprises: receiving, by the vehicle, the first fragment of the message from the off-board system (Barr et al., Paragraph 45, message-based communication, where messages are discrete entities of data (as opposed to a continuous stream of data in a stream connection)…messages can be sent and received in both directions, in a synchronous and/or asynchronous manner. Actual transmission of messages might occur over a stream-oriented channel or a message-oriented channel; Paragraph 46, communication over channel 1 (CH 1) between client side and server side; Paragraph 48, data flow over channel 1 stopped; Paragraphs 56 and 57, data flow over the current channel would be stopped/discontinued; Corson et al., Paragraphs 18, 45, 77, portions [fragmented] of packets transmitted via different connections when switching between connections); and the method further comprises: transmitting, by the vehicle, a notification to the off-board system to notify that the second communication channel is available to use (Barr et al., Paragraph 48, The switch to channel 2 will then be synchronized using the synchronization control 527, such that data being transferred between the client side and the server side achieve synchronization (i.e., thus preventing data loss during the switch…This synchronization between the client side and server side will enable channel switching, while preventing loss of data. Accordingly, once the connection object 518a has established synchronization between the client side and the server side, and the connection object 518a has switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2; Synchronization between client side and server side suggests that the server side is notified of the switch to channel 2); and wherein communicating the second fragment of the message between the vehicle and the off-board system via the second communication channel comprises: receiving, by the vehicle, the second fragment of the message from the off-board system via the second communication channel (Barr et al., Paragraph 48, switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2. If any data was backed up at the client side, that data is then allowed to flow through channel 2; Paragraph 57, the data flow over the current channel would be discontinued and the data flow would continue over the new channel that was established, provided that the synchronization was established; Corson et al., Paragraphs 18, 45, 77, portions [fragmented] of packets transmitted via different connections when switching between connections).
Regarding claims 3 and 10, Barr et al. and Corson et al. disclose wherein the onboard electronic control unit is configured to communicate the first fragment of the message between the vehicle and the off-board system via the first communication channel comprises: transmitting, by the vehicle, the first fragment of the message from the off-board system (Barr et al., Paragraph 45, message-based communication, where messages are discrete entities of data (as opposed to a continuous stream of data in a stream connection)…messages can be sent and received in both directions, in a synchronous and/or asynchronous manner. Actual transmission of messages might occur over a stream-oriented channel or a message-oriented channel; Paragraph 46, communication over channel 1 (CH 1) between client side and server side; Paragraph 48, data flow over channel 1 stopped; Paragraphs 56 and 57, data flow over the current channel would be stopped/discontinued; Corson et al., Paragraphs 18, 45, 77, portions [fragmented] of packets transmitted via different connections when switching between connections); and the method further comprises: managing message queues by moving a second fragment of the message from the queue of messages for transmission via the first communication channel to a second queue of messages for transmission via the second communication channel (Corson et al., Paragraphs 61, 63, 71, 73, packets destined for an end node may be buffered; The switching of packets and packet portions between different connections for transmission to the end node and the buffering in Corson et al. suggest that packets and packet portions are a buffered for transmission via a selected connection); and wherein communicating the second fragment of the message between the vehicle and the off-board system via the second communication channel comprises: transmitting the second fragment of the message via the second communication channel (Barr et al., Paragraph 48, switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2. If any data was backed up at the client side, that data is then allowed to flow through channel 2; Paragraph 57, the data flow over the current channel would be discontinued and the data flow would continue over the new channel that was established, provided that the synchronization was established; Corson et al., Paragraphs 18, 45, 77, portions [fragmented] of packets transmitted via different connections when switching between connections).
Regarding claim 14, Barr et al. disclose a vehicle comprises an onboard electronic control unit according to claim 8 (Paragraph 30, communication between TCU [onboard electronic control unit] of client side vehicle and server).
Regarding claim 15, Barr et al. disclose a non-transitory computer program product comprising program code for performing, when executed by a processor, the method of claim 1 (Paragraph 3, client software; Paragraph 76, software application; Paragraph 77, the invention may be practiced with other computer system configurations including hand-held devices, microprocessor systems, microprocessor-based or programmable consumer electronics, minicomputers, mainframe computers).
Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barr et al. in view of Emmanuel et al. in view of Corson et al. as applied to claims 1 and 8 above, and further in view of Preston et al. (US 2002/0032853).
Regarding claims 4 and 11, Barr et al. in view of Emmanuel et al. in view of Corson et al. disclose the claimed invention above do not disclose the following limitations that are disclosed by Preston et al.: determining at least one message or one fragment of a message that is queued for transmission over the first communication channel based on segmentation information of the queued messages, wherein the segmentation information of the queued messages comprises whether a message is segmented, and if a message is segmented and how many fragments of a message that is segmented into (Preston et al., Paragraph 49, link manager can segment a message into any number of segments, based on the communication links available, latency or queue size of each link, and the link choose parameters mentioned earlier such as priority, message size, and message type. Segmenting a message over two or more communication links has the potential for increased bandwidth as well as enhanced security. The link manager then directs each segment to a selected link).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barr et al., Emmanuel et al. and Corson et al. with the cited disclosure from Preston et al. in order to increase bandwidth and enhance security (Preston et al., Paragraph 49).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barr et al. in view of Emmanuel et al. in view of Corson et al. as applied to claim 2 above, and further in view of Mahesh et al. (US 2022/0029906).
Regarding claim 5, Barr et al. in view of Emmanual et al. in view of Corson et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Mahesh et al.: wherein transmitting a notification to the off-board system comprises sending a maximum number of notifications during an interval, wherein the maximum number of notifications and interval are configurable (Mahesh et al., Claim 8, receiving a number of alerts above a threshold number of alerts over a predetermined period of time, each alert of the number of alerts being generated based at least in part on one of the second ISP performing better than the first ISP or the first ISP performing better than the second ISP; Paragraph 19, updating the network routing is determined—e.g., to switch from a current internet service provider (ISP) to another ISP).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barr et al., Emmanuel et al. and Corson et al. with the cited disclosure from Mahesh et al. in order to provide sufficient notification when switching communication channels to avoid dampening on a communication channel (Mahesh et al., Claim 8).
Claim(s) 6, 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barr et al. in view of Corson et al.
Regarding claims 6 and 12, Barr et al. disclose a method performed by an off-board system for managing message transmissions between a vehicle and the off-board system (Figure 6, communication between client side [vehicle] and server side [off-board system]; Abstract, communication between client communications framework and server communications framework; Paragraph 30, communication between TCU [onboard electronic control unit] of client side vehicle and server; Paragraph 45, message-based communication in both directions between client and server), the method comprising; For claim 12, Barr et al. disclose an off-board system for managing message transmissions between a vehicle and the off-board system (Figure 6, communication between client side [vehicle] and server side [off-board system]; Abstract, communication between client communications framework and server communications framework; Paragraph 30, communication between TCU [onboard electronic control unit] of client side vehicle and server; Paragraph 45, message-based communication in both directions between client and server).:
Transmitting by the off-board system, a first fragment of a message to the vehicle via a first communication channel (Paragraph 46, a communication link will be established between the carlet application 502 via the connection objects 514a and 518a of the data multiplexer and flow controller 518c…For instance, the data multiplexer and flow controller connection object 518a may initially establish a connection 524 to a channel 1 (CH 1). Connection 524 will thus communicate with a complementary channel 1 (CH 1) of the server side; Paragraph 47, connection objects 514a and 518a have been established and are enabling data flow over connection 524 through channel 1; Paragraph 48, data being transferred over channel 1 prior to channel switching), the first communication channel having a first throughput, a first transfer rate (Paragraph 25, Each channel has certain properties associated with it such as bandwidth [encompasses throughput and transfer rate]);
receiving a notification from the vehicle indicating that a second communication channel is available to use (Barr et al., Paragraph 48, The switch to channel 2 will then be synchronized using the synchronization control 527, such that data being transferred between the client side and the server side achieve synchronization (i.e., thus preventing data loss during the switch…This synchronization between the client side and server side will enable channel switching, while preventing loss of data. Accordingly, once the connection object 518a has established synchronization between the client side and the server side, and the connection object 518a has switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2; Synchronization between client side and server side suggests that the server side is notified of the switch to channel 2); and
transmitting the second fragment of a message to the vehicle via the second communication channel (Paragraph 47, switch to channel 2; Paragraph 48, The switch to channel 2 will then be synchronized using the synchronization control 527, such that data being transferred between the client side and the server side achieve synchronization (i.e., thus preventing data loss during the switch). For instance, the data flow over connection 524 may be stopped causing a backup at the carlet application side. Any data still in the process of being transferred over channel 1 would be allowed to complete before allowing the connection object 518a to switch to channel 2. This synchronization between the client side and server side will enable channel switching, while preventing loss of data. Accordingly, once the connection object 518a has established synchronization between the client side and the server side, and the connection object 518a has switched from channel 1 to channel 2, the data flow is allowed to continue over connection objects 514a and 518a through channel 2. If any data was backed up at the client side, that data is then allowed to flow through channel 2).
Barr et al. do not disclose the following limitations that are disclosed by Corson et al.: a first fragment of a message via the first communication channel, a second fragment of the message via the second communication channel (Corson et al., Paragraph 18, switching between connections, e.g., links, used to communicate portions of packets may occur at…some point corresponding to transmission of a packet portion that is less than a full packet; Paragraph 45, Switching between communication connections corresponding to different sectors may occur at frame boundaries which occur within a packet or at frame boundaries which correspond to packet boundaries. Thus, different portions, e.g., frames, corresponding to the same packet may be transmitted via different sectors; Paragraph 77, switching the preferred downlink, over which portions of packets destined for the end node 200 should be delivered. The portions of packets may be e.g., complete packets or, in cases where one or more packets are transmitted using multiple frames for a packet, frames. Switching between utilized connections need not be limited to packet boundaries but may occur at frame boundaries which occur within a packet. Thus, in the FIG. 9 example, different portions, e.g., frames, corresponding to the same packet may be transmitted to the end node over different communication connections, e.g., wireless links, each corresponding to a different sector, protocol or standard, without the need to transmit the same packet portion to the end node multiple times) and managing message queues by moving a second fragment of the message from the queue of messages for transmission via the first communication channel to the queue of messages for transmission via the second communication channel (Corson et al., Paragraphs 61, 63, 71, 73, packets destined for an end node may be buffered; The switching of packets and packet portions between different connections for transmission to the end node and the buffering in Corson et al. suggest that packets and packet portions are a buffered for transmission via a selected connection).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barr et al. with the cited disclosure from Corson et al. in order to avoid transmitting a same packet portion multiple times (Corson et al., Paragraph 77).
Regarding claim 16, Barr et al. disclose a non-transitory computer program product comprising program code for performing, when executed by a processor, the method of claim 6 (Paragraph 3, client software; Paragraph 76, software application; Paragraph 77, the invention may be practiced with other computer system configurations including hand-held devices, microprocessor systems, microprocessor-based or programmable consumer electronics, minicomputers, mainframe computers).
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barr et al. in view of Corson et al. as applied to claims 6 and 12 above, and further in view of Preston et al. (US 2002/0032853).
Regarding claims 7 and 13, Barr et al. in view of Corson et al. disclose the claimed invention above do not disclose the following limitations that are disclosed by Preston et al.: determining at least one message or one fragment of a message that is queued for transmission over the first communication channel based on segmentation information of the queued messages, wherein the segmentation information of the queued messages comprises whether a message is segmented, and if a message is segmented and how many fragments of a message that is segmented into (Preston et al., Paragraph 49, link manager can segment a message into any number of segments, based on the communication links available, latency or queue size of each link, and the link choose parameters mentioned earlier such as priority, message size, and message type. Segmenting a message over two or more communication links has the potential for increased bandwidth as well as enhanced security. The link manager then directs each segment to a selected link).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barr et al. and Corson et al. with the cited disclosure from Preston et al. in order to increase bandwidth and enhance security (Preston et al., Paragraph 49).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
April 3, 2026
Prosecution Insights