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 .
Status of Claims
This is a response to applicant’s submissions filed on September 14, 2026. Claims 1-2 and 4-21 are pending.
Response to Amendment
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed September 14, 2026, with respect to the rejection(s) of claim(s) 1-2 and 4-21 under 35 U.S.C. 103 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 Therefore, the rejection has been withdrawn.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 Neumann (US 2019/0289719) and Symanow (US 2019/0375298).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 9-13, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki (JP H09170936) in view of Neumann (US 2019/0289719) and Symanow (US 2019/0375298).
Regarding claim 1, Hiroyuki discloses a data logging assembly for a vehicle (Hiroyuki, [0007] regarding a data logger stored in the trunk of a vehicle) comprising:
a data logger, the data logger being configured to receive and store vehicle data (Hiroyuki, [0012] regarding the main CPU controlling each part of the data logger and storing, reading, and holding data in the 40 MB memory unit); and
a power source, the power source being electrically connected to the data logger, the power source being a battery (Hiroyuki, [0009] regarding a battery provided in the data logger).
Hiroyuki does not explicitly disclose a substrate;
a data logger mounted on the substrate; and
a power source mounted on the same substrate, the power source being a battery configured to be charged by a DC-DC converter when the vehicle is in an ignition on state, the DC-DC converter being disposed remote of the substrate.
Neumann teaches a substrate (Neumann, [0006] regarding a printed circuit board);
a data logger mounted on the substrate (Neumann, [0006] regarding the electronic components of a data logger being arranged on a printed circuit board); and
a power source mounted on the same substrate (Hiroyuki, [0009] regarding a battery provided in the data logger) (Neumann, [0020] regarding the battery being held between the holding part inserted into the printed circuit board and the housing cover).
Hiroyuki and Neumann are considered to be analogous to the claimed invention because they are in the same field of data loggers. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki to incorporate using a printed circuit board to hold the data logger and battery, as taught by Neumann, with a reasonable expectation of success because doing so would yield the predictable result of holding all of the components on a single computer chip.
Symanow teaches a battery configured to be charged by a DC-DC converter when the vehicle is in an ignition on state, the DC-DC converter being disposed remote of the substrate (Symanow, [0031] regarding a generator receiving rotation kinetic energy from the engine (i.e., engine is on) and converting the rotational kinetic energy into electricity and a charger/inverter may convert the output of the generator into high-voltage direct current, [0033] regarding a DC/DC converter receiving high-voltage direct current from the charger/inverter and converting the high-voltage direct current to low-voltage direct current and supplying the low-voltage direct current to one of a plurality of power-distribution-board buses, [0034-0036] regarding sending the low-voltage direct current to a data recorder, & Fig. 3A regarding the DC/DC converter being sperate from the data recorder).
Hiroyuki and Symanow are considered to be analogous to the claimed invention because they are in the same field of vehicle components. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using a DC-DC converter to charge the data recorder when the engine is on, as taught by Symanow, with a reasonable expectation of success because doing so would yield the predictable result of reducing the risk of data loss by keeping the battery of the data converter charged.
Regarding claim 2, Hiroyuki in view of Neumann and Symanow teaches the data logging assembly as claimed in claim 1, wherein
the data logger is a microcontroller (Hiroyuki, [0008] regarding the control circuit consisting of a CPU, ROM, RAM, etc.).
Regarding claim 9, Hiroyuki discloses a vehicle data logging system (Hiroyuki, [0007] regarding a data logger stored in the trunk of a vehicle), comprising:
a first vehicle battery (Hiroyuki, [0009] regarding the sub-battery of the electric vehicle & [0011] regarding the sub-battery supplying 12V);
a second vehicle battery (Hiroyuki, [0002] regarding a main battery); and
a data logging assembly electrically connected to the first vehicle battery (Hiroyuki, [0009] regarding the battery backup using power supplied from the sub-battery of the electric vehicle), the data logging system including
a data logger, the data logger being configured to receive and store vehicle data (Hiroyuki, [0012] regarding the main CPU controlling each part of the data logger and storing, reading, and holding data in the 40 MB memory unit); and
a power source, the power source being electrically connected to the data logger (Hiroyuki, [0009] regarding a battery provided in the data logger).
Hiroyuki does not explicitly disclose a second vehicle battery having a higher voltage than the first vehicle battery;
a DC-DC converter electrically connected to the first vehicle battery and to the second vehicle battery; and
a data logging assembly electrically connected to the DC-DC converter, the data logging system including
a substrate;
a data logger mounted on the substrate; and
a power source mounted on the same substrate.
Symanow teaches a second vehicle battery having a higher voltage than the first vehicle battery (Symanow, Fig. 2 regarding a high voltage battery & [0032] regarding the high-voltage battery producing a voltage of at least 60 volts direct current);
a DC-DC converter electrically connected to the first vehicle battery and to the second vehicle battery (Symanow, [0033] regarding the DC/DC converter receiving high-voltage direct current from the charger/inverter and/or the high-voltage battery and converting the high-voltage direct current to low-voltage direct current and exchanging the low-voltage direct current with one of the low-voltage batteries); and
a data logging assembly electrically connected to the DC-DC converter (Symanow, [0033] the DC/DC converter supplying the low-voltage direct current to one of a plurality of power-distribution-board buses & [0034-0036] regarding sending the low-voltage direct current to a data recorder).
Hiroyuki and Symanow are considered to be analogous to the claimed invention because they are in the same field of vehicle components. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki to incorporate a DC/DC converter connected to a high voltage battery, a low voltage battery, and a data recorder, as taught by Symanow, with a reasonable expectation of success because doing so would yield the predictable result of charging the low voltage battery and data recorder.
Neumann teaches a substrate (Neumann, [0006] regarding a printed circuit board);
a data logger mounted on the substrate (Neumann, [0006] regarding the electronic components of a data logger being arranged on a printed circuit board); and
a power source mounted on the same substrate (Neumann, [0020] regarding the battery being held between the holding part inserted into the printed circuit board and the housing cover).
Hiroyuki and Neumann are considered to be analogous to the claimed invention because they are in the same field of data loggers. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using a printed circuit board to hold the data logger and battery, as taught by Neumann, with a reasonable expectation of success because doing so would yield the predictable result of holding all of the components on a single computer chip.
Regarding claim 10, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9, wherein
the power source is a battery (Hiroyuki, [0009] regarding a battery provided in the data logger).
Regarding claim 11, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system a claimed in claim 9 , wherein
the data logger is a microcontroller (Hiroyuki, [0008] regarding the control circuit consisting of a CPU, ROM, RAM, etc.).
Regarding claim 12, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9. Symanow further teaches the DC-DC converter is configured to supply power to the power source when the vehicle is in an ignition on state or in an engine on state (Symanow, [0031] regarding a generator receiving rotation kinetic energy from the engine (i.e., engine is on) and converting the rotational kinetic energy into electricity and a charger/inverter may convert the output of the generator into high-voltage direct current, [0033] regarding a DC/DC converter receiving high-voltage direct current from the charger/inverter and converting the high-voltage direct current to low-voltage direct current and supplying the low-voltage direct current to one of a plurality of power-distribution-board buses, & [0034-0036] regarding sending the low-voltage direct current to a data recorder).
Hiroyuki and Symanow are considered to be analogous to the claimed invention because they are in the same field of vehicle components. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using a DC-DC converter to charge the data recorder when the engine is on, as taught by Symanow, with a reasonable expectation of success because doing so would yield the predictable result of reducing the risk of data loss by keeping the battery of the data converter charged.
Regarding claim 13, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9, wherein
the first vehicle battery is configured to supply power to the data logger when the vehicle is in an ignition on state or in an engine on state (Hiroyuki, [0024] regarding the data logger receiving power from the regulator which receives power from the sub-battery when the relay switch is turned on and the relay switch turning on when it is detected that the operator turns on the ignition key of the vehicle).
Regarding claim 21, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9. Symanow further teaches wherein the DC-DC converter is disposed remote from the substrate of the data logging assembly (Symanow, Fig. 3A regarding the DC/DC converter being sperate from the data recorder).
Hiroyuki and Symanow are considered to be analogous to the claimed invention because they are in the same field of vehicle components. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using the DC/DC already installed in the vehicle that is separate from the data recorder, as taught by Symanow, with a reasonable expectation of success because doing so would yield the predictable result of reducing the need for extra components by using components that are already installed in the vehicle.
Claims 4-7, 14-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Neumann and Symanow as applied to claims 1 and 9 above, respectively, and further in view of Sumcad (US 2014/0031005).
Regarding claim 4, Hiroyuki in view of Neumann and Symanow teaches the data logging assembly as claimed in claim 1, wherein
the data logger is configured to be electrically connected to the vehicle battery (Hiroyuki, [0009] regarding the battery backup using power supplied from the sub-battery of the electric vehicle).
Hiroyuki does not explicitly disclose wherein the power source being configured to supply power to the data logger when the vehicle is in an ignition off state.
Sumcad teaches wherein the power source being configured to supply power to the data logger when the vehicle is in an ignition off state (Sumcad, [0022] regarding the data logger being powered by its own independent power source when the vehicle engine is off).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using the data loggers independent power source when the vehicle engine is off, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of preventing the vehicle battery from being discharged even when the vehicle is not in use.
Regarding claim 5, Hiroyuki in view of Neumann, Symanow, and Sumcad teaches the data logging assembly as claimed in claim 4, wherein
the vehicle battery is configured to supply power to the data logger when the vehicle is in an ignition on state or in an engine on state (Hiroyuki, [0024] regarding the data logger receiving power from the regulator which receives power from the sub-battery when the relay switch is turned on and the relay switch turning on when it is detected that the operator turns on the ignition key of the vehicle).
Regarding claim 6, Hiroyuki in view of Neumann and Symanow teaches the data logging assembly as claimed in claim 1, but fails to explicitly disclose wherein
the data logger is configured to be connected to a telematics unit of the vehicle to transmit the stored data.
Sumcad teaches wherein
the data logger is configured to be connected to a telematics unit of the vehicle to transmit the stored data (Sumcad, [0022] regarding the data logger being coupled to the telematics unit & [0024] regarding the telematics unit sending or uploading recorded data from the data logger).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate transmitting stored data using the telematics unit, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of sending the stored data.
Regarding claim 7, Hiroyuki in view of Neumann, Symanow, and Sumcad teaches the data logging assembly as claimed in claim 6. Sumcad further teaches wherein
the data logger is configured to transmit the stored data at a predetermined interval (Sumcad, [0024] regarding timer activity being a trigger event for automatically triggered uploads & [0025] regarding timer activity including uploading recorded data from the vehicle after a specified amount of time (i.e., send recorded data from the data logger after a specified amount of time)).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate transmitting stored data after a specified amount of time, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable preventing the memory of the data logger from being too full.
Regarding claim 14, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 13, but does not explicitly teach wherein
the data logger is configured to not receive power from the first vehicle battery when the vehicle is in an ignition off state.
Sumcad teaches wherein
the data logger is configured to not receive power from the first vehicle battery when the vehicle is in an ignition off state (Sumcad, [0022] regarding the data logger being powered by its own independent power source when the vehicle engine is off. By using its own power source when the engine is off, the data logger is not receiving power from the vehicle battery).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using the data loggers independent power source when the vehicle engine is off, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of preventing the vehicle battery from being discharged even when the vehicle is not in use.
Regarding claim 15, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9, but does not explicitly teach wherein
the power source is configured to supply power to the data logger when the vehicle is in an ignition off state.
Sumcad teaches wherein
the power source is configured to supply power to the data logger when the vehicle is in an ignition off state (Sumcad, [0022] regarding the data logger being powered by its own independent power source when the vehicle engine is off).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate using the data loggers independent power source when the vehicle engine is off, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of preventing the vehicle battery from being discharged even when the vehicle is not in use.
Regarding claim 16, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 9, but does not explicitly teach wherein
the data logger is connected to a telematics unit of the vehicle to transmit the stored data.
Sumcad teaches wherein
the data logger is connected to a telematics unit of the vehicle to transmit the stored data (Sumcad, [0022] regarding the data logger being coupled to the telematics unit & [0024] regarding the telematics unit sending or uploading recorded data from the data logger).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate transmitting stored data using the telematics unit, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of sending the stored data.
Regarding claim 20, Hiroyuki in view of Symanow and Neumann teaches the vehicle data logging system as claimed in claim 16, wherein
the data logger is connected to a CAN bus of the vehicle to receive the vehicle data (Hiroyuki, [0015] regarding the monitor communication I/Fs adjusting communication timing, converting data formats, converting signal levels, etc. when communicating between the corresponding ECU and the data logger and the communication CPU, communication ROM, communication RAM, and monitor communication I/Fs being connected to a communication BUS.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Neumann, Symanow, and Sumcad as applied to claim 7 above, and further in view of Jauss (US 2023/0073058).
Regarding claim 8, Hiroyuki in view of Neumann, Symanow, and Sumcad teaches the data logging assembly as claimed in claim 7, but does not explicitly teach wherein
the data logger is configured to overwrite the stored data after transmitting the stored data.
Jauss teaches to overwrite the stored data after transmitting the stored data (Jauss, [0068] regarding stored and communicated events are allowed to be overwritten (i.e., data that has been transmitted can be overwritten)).
Hiroyuki and Jauss are considered to be analogous to the claimed invention because they are in the same field of data storage. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate overwriting data that has already been sent, as disclosed by Jauss, with a reasonable expectation of success because doing so would yield the predictable result of preventing the memory from being too full.
Hiroyuki, as modified, teaches wherein
the data logger is configured to overwrite the stored data after transmitting the stored data.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Symanow, Neumann, and Sumcad as applied to claim 16 above, and further in view of Oda (US 9,978,188).
Regarding claim 17, Hiroyuki in view of Symanow, Neumann, and Sumcad teaches the vehicle data logging system as claimed in claim 16, but does not explicitly teach wherein
the data logger is configured to transmit the stored data after each ignition cycle of the vehicle.
Oda teaches to transmit the stored data after each ignition cycle of the vehicle (Oda, Col. 2, lines 32-37 regarding refraining from transmitting the diagnosis data to the external management center while the ignition switch of the vehicle is turned on and transmitting the diagnosis data after the turning off of the ignition switch).
Hiroyuki and Oda are considered to be analogous to the claimed invention because they are in the same field of data storage. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate transmitting stored data after the vehicle is turned off, as disclosed by Oda, with a reasonable expectation of success because doing so would yield the predictable result of ensuring the data is transmitted in case the battery on the data logger dies before the information can be transmitted when the ignition is turned back on.
Hiroyuki, as modified, teaches wherein
the data logger is configured to transmit the stored data after each ignition cycle of the vehicle.
Claim 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Symanow, Neumann, and Sumcad as applied to claim 15 above, and further in view of Chong (US 2017/0136834).
Regarding claim 18, Hiroyuki in view of Symanow, Neumann, and Sumcad teaches the vehicle data logging system as claimed in claim 15, but does not explicitly teach wherein
the data logger is configured to receive vehicle data from a sensor when the vehicle is in the ignition off state.
Chong teaches to receive vehicle data from a sensor when the vehicle is in the ignition off state (Chong, [0029] regarding receiving data/information from the sensor unit(s) even when the vehicle's ignition is switched off).
Hiroyuki and Chong are considered to be analogous to the claimed invention because they are in the same field of data storage. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate receiving vehicle data after the vehicle is turned off, as disclosed by Chong, with a reasonable expectation of success because doing so would yield the predictable result of always acquiring data on the vehicle.
Hiroyuki, as modified, teaches wherein
the data logger is configured to receive vehicle data from a sensor when the vehicle is in the ignition off state.
Regarding claim 19, Hiroyuki in view of Symanow, Neumann, Sumcad, and Chong teaches the vehicle data logging system as claimed in claim 18. Sumcad further teaches wherein
the data logger is connected to a telematics unit of the vehicle to transmit the data received from the sensor (Sumcad, [0022] regarding the data logger being coupled to one or more sensors and the telematics unit & [0024] regarding the telematics unit sending or uploading recorded data from the data logger).
Hiroyuki and Sumcad are considered to be analogous to the claimed invention because they are in the same field of data logging. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiroyuki, as modified, to incorporate transmitting stored data using the telematics unit, as disclosed by Sumcad, with a reasonable expectation of success because doing so would yield the predictable result of sending the stored data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX GRIFFIN whose telephone number is (703)756-1516. The examiner can normally be reached Monday - Thursday 7:30am - 5:30pm.
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/ALEX B GRIFFIN/Examiner, Art Unit 3665
/Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665
