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 .
Introduction
This is a response to applicant’s submissions filed on May 6, 2026. Claims 1-2 and 4-21 are pending.
Examiner' s Note
Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the disclosure.
Response to Arguments
All of applicant’s arguments filed May 6, 2026 have been considered.
Regarding applicant’s argument that the amendments to the specification have overcome the objections to paragraphs 0023 and 0028 (Applicant’s Response, pg. 7-8), the examiner agrees. The objections to paragraphs 0023 and 0028 of the specification have been withdrawn.
Regarding applicant’s argument that Hiroyuki does not disclose that a DC-DC converter is disposed remote of the substrate of the data logging assembly (Applicant’s Response, pg. 9), the examiner agrees. The argument is moot in view of the new rejection below.
Examiner’s Note
It appears that there is a typographical error in claims 11-21, line 1, as “the data logging system” should read “the vehicle data logging system”.
Specification
Amendments to the specification were received on May 6, 2026.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki (JP H09170936) in view of Kuroda (US 6,532,926) and Palmer (What is a DC to DC charger and do I need one?).
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 substrate (Hiroyuki, Fig. 1 regarding the data logger consisting of a control circuit, clock IC, memory unit, battery, IC card I/F, RS-232C I/F, temperature measurement unit, analog input unit, ECU monitor input unit, SW input unit, regulator, and relay switch. As these all are part of the data logger, they must be fixed to a substrate.);
a data logger mounted on the substrate, 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 mounted on the substrate, 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 discloses an electric vehicle (Hiroyuki, [0002] regarding an electric vehicle), but does not explicitly disclose 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.
Kuroda teaches a hybrid electric vehicle with a DC-DC converter being disposed remote of the substrate (Kuroda, Col. 5, lines 15-17 regarding a hybrid vehicle, Fig. 2 regarding a D/V (i.e., DC-DC converter) connected between a 144V battery (i.e., main battery) and 12V battery (i.e., sub-battery), & Col. 6, lines 29-34 regarding the downverter convers output DC voltage of the battery (i.e., 144V) to the prescribed voltage of the 12V battery (i.e., 12V). The D/V is separate from the data logger and is part of the vehicle's power system.).
Hiroyuki and Kuroda are considered to be analogous to the claimed invention because they are in the same field of electric vehicles with a primary and secondary battery. 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 DC-DC converter separate from the substrate, as disclosed by Kuroda, with a reasonable expectation of success because doing so would yield the predictable result of using the DC-DC converter that is already installed within the vehicle.
Palmer teaches the power source being a battery configured to be charged by a DC-DC converter when the vehicle is in an ignition on state (Palmer, Pg. 3 regarding a DC to DC charger charging and maintaining a second battery (i.e., the sub-battery), which can be used to charge your devices (i.e., data logger battery), while driving (i.e., when the vehicle is in an ignition on state)).
Hiroyuki and Palmer are considered to be analogous to the claimed invention because they are in the same field of electric vehicle devices. 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 to incorporate using the DC to DC charger to charge devices while driving, as disclosed by Palmer, with a reasonable expectation of success because doing so would yield the predictable result of using a battery that can be recharged using the energy stored in the vehicle.
Regarding claim 2, Hiroyuki in view of Kuroda and Palmer teaches the data logging assembly as claimed in claim 2, wherein
the data logger is a microcontroller (Hiroyuki, [0008] regarding the control circuit consisting of a CPU, ROM, RAM, etc.).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda and Palmer, and further in view of Sumcad (US 2014/0031005).
Regarding claim 4, Hiroyuki in view of Kuroda and Palmer 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 Kuroda, Palmer, 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 Kuroda and Palmer 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 Kuroda, Palmer, 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda, Palmer, and Sumcad, and further in view of Jauss (US 2023/0073058).
Regarding claim 8, Hiroyuki in view of Kuroda, Palmer, 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.
Claims 9-11, 13, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda.
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 substrate (Hiroyuki, Fig. 1 regarding the data logger consisting of a control circuit, clock IC, memory unit, battery, IC card I/F, RS-232C I/F, temperature measurement unit, analog input unit, ECU monitor input unit, SW input unit, regulator, and relay switch. As these all are part of the data logger, they must be fixed to a substrate.);
a data logger mounted on the substrate, 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 mounted on the substrate, 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.
Kuroda teaches a second vehicle battery having a higher voltage than the first vehicle battery (Kuroda, Fig. 2 regarding the battery having 144V);
a DC-DC converter electrically connected to the first vehicle battery and to the second vehicle battery (Kuroda, Fig. 2 regarding a D/V (i.e., DC-DC converter) connected between the 144V battery (i.e., main battery) and 12V battery (i.e., sub-battery) & Col. 6, lines 29-34 regarding the downverter converting output DC voltage of the battery (i.e., 144V) to the prescribed voltage of the 12V battery (i.e., 12V)).
Hiroyuki and Kuroda are considered to be analogous to the claimed invention because they are in the same field of electric vehicles with a primary and secondary battery. 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 DC-DC converter to convert the voltage of a 144V battery to the voltage of a 12V battery, as disclosed by Kuroda, with a reasonable expectation of success because doing so would yield the predictable result of using the 144V battery to charge the 12V battery which powers all the auxiliary vehicle devices.
Hiroyuki, as modified, teaches a data logging assembly electrically connected to the DC-DC converter (Hiroyuki, [0009] regarding the battery backup using power supplied from the sub-battery of the electric vehicle. The DC-DC converter is connected to the sub-battery which is connected to the data logger.).
Regarding claim 10, Hiroyuki in view of Kuroda 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 Kuroda teaches the data logging system as claimed in claim 9, wherein
the data logger is a microcontroller (Hiroyuki, Fig. 1 regarding the data logger consisting of a control circuit & [0008] regarding the control circuit consisting of a CPU, ROM, RAM, etc.).
Regarding claim 13, Hiroyuki in view of Kuroda teaches the 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 Kuroda teaches the data logging system as claimed in claim 9. Kuroda further teaches wherein the DC-DC converter is disposed remote from the substrate of the data logging assembly (Kuroda, Fig. 2 regarding a D/V (i.e., DC-DC converter) connected between a 144V battery (i.e., main battery) and 12V battery (i.e., sub-battery). The D/V is separate from the data logger and is part of the electric vehicle's power system.).
Hiroyuki and Kuroda are considered to be analogous to the claimed invention because they are in the same field of electric vehicles. 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 downverter separate from the substrate, as disclosed by Kuroda, with a reasonable expectation of success because doing so would yield the predictable result of using the downverter that is already installed within the vehicle.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda, and further in view of Palmer.
Regarding claim 12, Hiroyuki in view of Kuroda teaches the data logging system as claimed in claim 9, but does not explicitly disclose wherein
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.
Palmer teaches wherein
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 (Palmer, Pg. 3 regarding a DC to DC charger charging and maintaining a second battery (i.e., the sub-battery), which can be used to charge your devices (i.e., data logger battery), while driving (i.e., when the vehicle is in an ignition on state)).
Hiroyuki and Palmer are considered to be analogous to the claimed invention because they are in the same field of electric vehicle devices. 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 to incorporate using the DC to DC charger to charge devices while driving, as disclosed by Palmer, with a reasonable expectation of success because doing so would yield the predictable result of recharging the battery while power is being generate to limit the power drain on the vehicle battery.
Claims 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda, and further in view of Sumcad.
Regarding claim 14, Hiroyuki in view of Kuroda teaches the 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 Kuroda teaches the 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 Kuroda teaches the 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 Kuroda teaches the 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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda and Sumcad, and further in view of Oda (US 9,978,188).
Regarding claim 17, Hiroyuki in view of Kuroda and Sumcad teaches the 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.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroyuki in view of Kuroda and Sumcad, and further in view of Chong (US 2017/0136834).
Regarding claim 18, Hiroyuki in view of Kuroda and Sumcad teaches the 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 Kuroda, Sumcad, and Chong teaches the 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
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ERIN BISHOP can be reached at (571)270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B GRIFFIN/ Examiner, Art Unit 3665
/AMELIA VORCE/ Primary Examiner, Art Unit 3666
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