Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/1/2026 has been entered.
Response to Amendment
Applicant’s amendments filed 5/13/2026 with respect to the objection to the drawings filed 08/09/2023 do overcome the objections. Therefore, the objection is withdrawn.
Applicant’s amendments filed 5/13/2026 with respect to the rejections of the claims does overcome the 112(a) and 112(b) issues but raises a new 112(b) rejection. Please see the detailed action below.
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. 112 rejections have been fully considered and are persuasive, BUT does raise a different 112 issue. Further discussions can be found below.
Based on these facts, this action is made NON-FINAL.
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 1-3 and 5-10 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.
Regarding independent claims 1 and 9-10, the claims disclose a control unit that includes one or more processors, but the specification only explicitly discloses one control unit. The closest is the last page of the originally filed specification, where it states, “The generated rules package RP is transmitted from the evaluation unit 7 to the encoder/decoder unit 6 and passed on to the in-vehicle field bus 8 so that the rules package RP can be further processed by further control units (not shown) of the motor vehicle 10 that are connected to the field bus 8.” But, as disclosed, the further control units are not shown, not tied to the initial control unit, and appear to be separate and different from the initial control unit disclosed throughout the specification. Thus, it is unclear whether the control unit explicitly includes multiple processors.
It is advised the applicant amend the claims to state that the control unit includes at least one processor. It is also advised the applicant amend the specification to further state the control unit includes at least one processor. This way, it will have the proper support and be clear on the record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vincent Rudolph whose telephone number is (571)272-8243. The examiner can normally be reached M-F 7:30 AM - 3:30 PM.
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/VINCENT RUDOLPH/Supervisory Patent Examiner, Art Unit 2671
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