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 the Claims
This first final action is in response to applicant's amendment on Sept. 26. 2025. Claims 1-2, 4-10, and 12-23 are pending with claims 1, 10, and 18 being in independent form and have been considered as follows.
Response to Arguments/Amendments
Applicant’s amendments/arguments with respect to the objections to claims have been fully considered and are persuasive. Therefore, the objections to claims have been withdrawn.
Applicant’s amendments/arguments with respect to claim(s) rejections under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on any reference for any teaching or matter specifically challenged in the argument.
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.
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, 4-10, and 12-23 are rejected under 35 U.S.C. 103 as being obvious over by Langlais (US20120245792 A1) in view of Guha (US 20220144291 A1)
Regarding claim 1, Langlais teaches a dual-mode portable device for determining a status of a tanker truck safety and identification system ([0003] These devices use detection equipment to determine if all of the safety precautions have been taken and prevent fluid flow if they have not), the device comprising:
a plurality of contact pins ( Fig. 2) configured to couple with corresponding contact pads on the tanker truck safety and identification system ([0013] has a plurality of spring-loaded pins configured to couple with corresponding contact pads on the truck safety system; [0035]-[0036] in FIG. 2, that includes a plurality of contact pads 202. The contact pads 202 are arranged in a specific orientation such that a particular pad location corresponds to a particular function, for example, ground, a signal input or a signal output);
a memory (Fig. 3);
a display (Fig. 3);
a wireless communication interface configured to support communication of data via at least one network protocol ([0098] Still further, the truck tester may be connected to the Internet, either by wire or wirelessly, e.g., a wireless protocol like 3G, WI-FI or Bluetooth, or via an adapter that provides power to the truck tester as well as the appropriate interface. The microprocessor 1302 may be programmed to recognize the connection and then initiate and carryout such communications with a centralized operations facility. The wireless Internet connection may be part of the tester rather than a separate component and the device may maintain a continuous connection to the Internet. Further, the tester may wirelessly communicate directly with the controller 108 or with any controller 108 when it detects coming into proximity of the controller; [0034]-[0035] an embodiment of the present invention has the ability to test all types of trucks without the need for adapters to fit on the connections and allows for connection and remote diagnostics worldwide through the use of laptop and cell phone technology); and
a microprocessor coupled to the plurality of contact pins, to the memory, and to the wireless communication interface (1302 at Fig. 13) , the microprocessor configured to
run a program to test one or more components of the tanker truck safety and identification system to determine the status of the tanker truck safety and identification system, the program configured to test whether the one or more components of the tanker truck safety and identification system have a fault condition ([0079]-[0081], [0085]-[0088] it should be understood that an indication of a “failed” sensor is only used as an indication of the state of the sensor. In other words, the testing of sensors as used herein is meant to be an ascertaining of the status of the sensor, for example, dry, wet or not responding within acceptable parameters),
in each of a first mode of operation and a second mode of operation of the dual-mode portable device, cause information regarding the status of the tanker truck safety and identification system to be displayed on the display ([0087], [0095]-[0096] The results are displayed in accordance with the method shown in FIG. 19. At step 1904 the buzzer is asserted to alert the user as to the completion of the test. The results are displayed, step 1906 for a predetermined time, for example, 20 seconds, as determined in step 1908 after which the power is turned off, step 1910 ) and, upon completion of the program, store the information regarding the status of the tanker truck safety and identification in the memory ([0080] “wet” status and “dry” status), and
in the second mode of operation of the dual-mode portable device, establish a connection with a remote device via the wireless communication interface ([0098] the truck tester may be connected to the Internet, either by wire or wirelessly, e.g., a wireless protocol like 3G, WI-FI or Bluetooth, or via an adapter that provides power to the truck tester as well as the appropriate interface. The microprocessor 1302 may be programmed to recognize the connection and then initiate and carryout such communications with a centralized operations facility. The wireless Internet connection may be part of the tester rather than a separate component and the device may maintain a continuous connection to the Internet. Further, the tester may wirelessly communicate directly with the controller 108 or with any controller 108 when it detects coming into proximity of the controller. [0034]-[0035] an embodiment of the present invention has the ability to test all types of trucks without the need for adapters to fit on the connections and allows for connection and remote diagnostics worldwide through the use of laptop and cell phone technology), and
while Langlais teaches communication between tanker truck and a remote device( an embodiment of the present invention has the ability to test all types of trucks without the need for adapters to fit on the connections and allows for connection and remote diagnostics worldwide through the use of laptop and cell phone technology), Langlais does not explicitly teach but Guha teaches the specific limitations of transmit, via the wireless communication interface, the information regarding the status of the tanker truck safety and identification to the remote device ([0032] At the next step 505, the VIN (Vehicle Identification Number) is checked and if the VIN number is authenticated, data acquisition starts from the vehicle to the portable wireless handheld diagnostic device 106 (remote device) . Once the data acquisition is completed, the portable wireless handheld diagnostic device 106 for all/any of the diagnostic trouble codes (DTC's), the DTCs are updated in the job card. If no diagnostic trouble codes (DTC's) are detected, the same is updated in the job card at step 507. The content of the job cards is synchronized with the DMS server 117 at the step 508),
wherein, in the second mode of operation, the dual-mode portable device is further configured to receive, via the wireless communication interface, testing instructions from the application executing on the remote device to control running of the program to validate operation of the one or more components of the tanker truck safety and identification system ([0030] the portable wireless handheld diagnostic device 106 communicates with a vehicle software database 306 to check for availability of any new update for the vehicle software, In case an update is available, the sub routine (testing instructions) is updated in the micro kernel and saved in the separate memory for micro kernel in the VCI 104. If the updation of micro kernel's subroutine (testing instructions) in the VCI 104 is successful, a message displays “Update successful” after which the vehicle is switched OFF and the VCI and the portable wireless handheld diagnostic device 106 are disconnected. If updation of micro kernel's subroutine in the VCI 104 has failed, a message displays “Update failed” and again the step 304 is followed ).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a portable truck tester, as taught by Langlais, transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface, as taught by Guha, as Langlais and Guha are directed to the vehicle diagnosis (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface and predictably applied it to improve flexibility of truck tester of Langlais so that a remote user may receive the status of the status of the tanker truck safety and identification.
In addition, the only difference between the present application (Fig. 6) and Langlais (Fig. 13) is the present application has a second mode including a wireless communication interface which may communicate to a remote device. It would have been obvious to combine the inventions of Langlais, a portable vehicle tester/tool, and the invention of Guha, a remote device with an application to communicate with the portable vehicle tester/tool do a vehicle diagnostic test. In other words, all of the claimed elements were known in the prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions and the combination would have yielded nothing more than predictable results.
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Regarding claim 2, Langlais teaches wherein, in the second mode of operation, the dual-mode portable device is further configured to receive, via the wireless communication interface, testing instructions from the remote device to control running of the program (Langlais, [0034], [0035] remote diagnostics worldwide through the use of laptop and cell phone technology; [0098] Still further, the truck tester may be connected to the Internet, either by wire or wirelessly, e.g., a wireless protocol like 3G, WI-FI or Bluetooth, or via an adapter that provides power to the truck tester as well as the appropriate interface. The microprocessor 1302 may be programmed to recognize the connection and then initiate and carryout such communications with a centralized operations facility. The wireless Internet connection may be part of the tester rather than a separate component and the device may maintain a continuous connection to the Internet. Further, the tester may wirelessly communicate directly with the controller 108 or with any controller 108 when it detects coming into proximity of the controller).
Regarding claim 4, Langlaisd does not explicitly teach however Guha teaches the specific limitations of wherein the program includes a certification test of each of the one or more components of the tanker truck safety and identification system, the certification test being based on a safety standard for the tanker truck safety and identification system (Guha, [0032] it is well known that a vehicle DTC (Diagnostic Trouble Code) test checks a car's onboard computer for fault codes, triggered by issues in systems. The primary standards for vehicle Diagnostic Trouble Codes (DTCs) are SAE J2012 (for OBD-II light/medium-duty) and SAE J1939 (for heavy-duty), established by the Society of Automotive Engineers (SAE) to standardize fault reporting from a vehicle's On-Board Diagnostics (OBD) system).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a portable truck tester, as taught by Langlais, transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface, as taught by Guha, as Langlais and Guha are directed to the vehicle diagnosis (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface and predictably applied it to improve flexibility of truck tester of Langlais so that a remote user may receive the status of the status of the tanker truck safety and identification.
Regarding claim 5, Langlaisd does not explicitly teach however Guha teaches the specific limitations wherein, receive, via the wireless communication interface, one or more control instructions from a user via the application executing on the remote device; and modify a configuration or setting of the dual-mode portable device based on the control instructions. (Guha; [0030] the portable wireless handheld diagnostic device 106 communicates with a vehicle software database 306 to check for availability of any new update for the vehicle software, In case an update is available, the sub routine (testing instructions) is updated in the micro kernel and saved in the separate memory for micro kernel in the VCI 104. If the updation of micro kernel's subroutine (testing instructions) in the VCI 104 is successful, a message displays “Update successful” after which the vehicle is switched OFF and the VCI and the portable wireless handheld diagnostic device 106 are disconnected. If updation of micro kernel's subroutine in the VCI 104 has failed, a message displays “Update failed” and again the step 304 is followed. Changing a subroutine (configuration) in the VCI 104 ).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a portable truck tester, as taught by Langlais, transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface, as taught by Guha, as Langlais and Guha are directed to the vehicle diagnosis (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface and predictably applied it to improve flexibility of truck tester of Langlais so that a remote user may receive the status of the status of the tanker truck safety and identification.
Regarding claim 6, Langlais teaches provided in a housing (Fig. 7 and corresponding paragraphs) configured to couple with a connection socket coupled to the tanker truck safety and identification and further comprising:
a power switch configured to detect connection of the dual-mode portable device with the connection socket and to allow operating power to be conveyed to the microprocessor upon detecting the connection with the connection socket (Langlais, [0058]-[0059] The magnetic proximity switch 714 is also used in configuring the unit. The user changes settings by pressing this pin in order to enter a command mode where the tester can be reconfigured. Advantageously, using the switch 714 provides for a way to turn the unit off and on as well as allows the user to change its configuration. Further, more than one pin may be provided with a magnet and have a corresponding switch in order to provide more input options or a redundant indication of connection. Still further, while a magnetic proximity switch is described, alternate types of switches may be used. [0068] The magnetic proximity switch 714 is used to turn on the power supply 1310 and, therefore, when the truck tester 300 is not connected to a truck under test, power is generally being conserved. Once the magnetic proximity switch 714 detects that the truck tester 300 is coupled to a truck under test, the power supply 1310 turns on and the microprocessor 1302 initiates its startup program and then also, from that point forward, controls the operation of the power supply 1310 and, at the completion of testing, will shut itself down );
wherein, upon receiving the operating power, the microprocessor is configured to automatically run the program ([0068]).
Regarding claim 7, Langlais teaches wherein, in each of the first and second modes of operation, the display is configured to display a status indicator for each at least one sensor of the tanker truck safety and identification system (Langlais, 308 in Fig. 13, [0040] In order to represent the current status of either the truck or the tester, a display panel 308 , for example, a high definition LED display, is provided in the handle 304 in order to convey information to the user. The choice of a type of display 308 , however, may include, for example, any type of LED display such as an OLED display or a series of LEDs of various colors configured to convey information or any other type of screen. Essentially, embodiments of the present invention can use any of the different mechanisms available for visually conveying information to a user).
Regarding claim 8, Langlais teaches a first intrinsically safe power supply controlled by the microprocessor and coupled to a first subset of the plurality of contact pins and configured to provide a first intrinsically safe voltage to each contact pin, of the first subset of the plurality of contact pins, individually under control of the microprocessor ([0013]A first intrinsically safe power supply is controlled by the microprocessor and is coupled to a first subset of the plurality of spring-loaded pins and configured to provide a first intrinsically safe voltage to each pin individually under control of the microprocessor. A second intrinsically safe power supply is controlled by the microprocessor and is coupled to a spring-loaded pin not in the first subset of pins and is configured to provide a second intrinsically safe voltage to the one pin under control of the microprocessor. Advantageously, the first and second intrinsically safe voltages are on separate rails); and
a second intrinsically safe power supply controlled by the microprocessor and coupled to a contact pin not in the first subset of contact pins and configured to provide a second intrinsically safe voltage to the one contact pin under control of the microprocessor, wherein the first and second intrinsically safe voltages are on separate rails ([0013] ).
Regarding claim 9, Langlais teaches wherein the wireless communication interface is a BLUETOOTH ® interface (Langlais, [0098] ).
Regarding claims 10 and 18, similar to claim 1, please refer rejections to claim 1.
In addition, regarding claim 10, it is well known that an application at a remote device sends a request to transfer data and receives the transmitted data per the request via a wireless interface. For example, Rudman (US 20200143593 A1) at the prior art session.
regarding claim 18, Guha teaches the computing device hosting an application configured to run a control program to display, in real-time, on the computing device and during running of the one or more programs, results of the tests of the one or more components, the results indicating a pass status or fault status for each of the one or more components, and after completion of the one or more programs, initiate transfer of the information regarding the status of the tanker truck safety and identification system from the memory of the portable testing device to the computing device (Fig. 3-5, [0024] The methods of diagnosing vehicle status include functions of receiving the outgoing data packet from the wireless link with VCI 104, process the data packet to generate a set of vehicle diagnostic data and display the data in a human readable manner, communicate on the Internet to a remote computer to check for updates of vehicle software, authentication of device, send out the received data over world wide web/world wide web/internet to DMS server 117, Once the multimedia troubleshooting procedure is located corresponding to the DTC encountered, the step by step guiding for repairing of the vehicle is displayed at step 606 on the portable wireless handheld diagnostic device 106, [0032]).
Regarding claim 12, Langlais teaches further comprising a display (Langlais, [0040]);
wherein the microprocessor is further configured to cause the status indicators to be displayed on the display (Langlais [0040] Furthermore, the terminal 82 may include a terminal time module 126 to timestamp events of the terminal 82 (e.g., the time data was downloaded from a monitoring unit 40 or the time data was downloaded to a monitoring unit 40 ) as well as synchronize time with a monitoring unit 40 (e.g., for example, when first connecting with a monitoring unit 40 or otherwise configuring or setting up a monitoring unit 40), ).
Regarding claims 13 and 20, please refer rejections to claim 2.
Regarding claims 14 and 21, please refer rejections to claim 4.
Regarding claim 15, please refer rejections to claim 5.
Regarding claim 16, please refer rejections to claim 6.
Regarding claim 17, Langlais teaches wherein the information regarding the status of the tanker truck safety and identification system includes results of the tests of each at least one sensor ([0087]) .
Regarding claims 18 and 19, please refer claims 1 and 7 respectively.
Regarding newly added claims 22. Langlais teaches wherein the tanker truck safety and identification system includes a truck identification module that associates a unique ID with a vehicle on which the truck identification module is installed; ( [0009]-[0011] It is also known to provide a second checking mechanism that uses an identification module such as the T.I.M.® electronics module from Scully Signal Company of Wilmington, Mass., to assign a unique serial number to a vehicle. The T.I.M. system, once attached to a specific vehicle, associates a unique ID, i.e., a Truck ID (TID) that can be read by several different systems. The TID is used for several purposes by the terminal automation system and rack controller 108, [0078], the truck information module (T.I.M.) testing may be enabled or disabled, [0094]-[0095]), and Langlais does not explicitly teach but Guha teaches wherein the portable device is configured to read information, including the unique ID, from the truck identification module and to transfer the information to the application executing on the remote device ([0032] At the next step 505, the VIN (Vehicle Identification Number) is checked and if the VIN number is authenticated, data acquisition starts from the vehicle to the portable wireless handheld diagnostic device 106).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a portable truck tester, as taught by Langlais, transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface, as taught by Guha, as Langlais and Guha are directed to the vehicle diagnosis (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using transmitting the information regarding the status of the tanker truck safety and identification to the remote device via the wireless communication interface and predictably applied it to improve flexibility of truck tester of Langlais so that a remote user may receive the status of the status of the tanker truck safety and identification.
Regarding newly added claims 23, Langlais teaches wherein the tanker truck safety and identification system includes a truck identification module that associates a unique ID with a vehicle on which the truck identification module is installed; and wherein the program includes an identification test that tests communication with the truck identification module ([0009]-[0011] It is also known to provide a second checking mechanism that uses an identification module such as the T.I.M.® electronics module from Scully Signal Company of Wilmington, Mass., to assign a unique serial number to a vehicle. The T.I.M. system, once attached to a specific vehicle, associates a unique ID, i.e., a Truck ID (TID) that can be read by several different systems. The TID is used for several purposes by the terminal automation system and rack controller 108, [0078], the truck information module (T.I.M.) testing may be enabled or disabled, [0094]-[0095]).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example only, Sloan (US2018328309A1) teaches monitoring a fuel level of a vehicle; the connection interface may be flush with the cover, or may be depressed within the cover. In alternate embodiments, a control box may communicate with another device (e.g., sensor, gauge, initialization device) wirelessly. A wireless communication module, which may permit such communications, may be provided within the housing of the control box, or on the housing of the control box. Any combination of connection interface configurations may be used. Westmoreland (US2019003871 A1) teaches monitoring systems for vehicle tanks that are connected to cloud backends.
Rudman (US 20200143593 A1) teaches an application on a remote device receives data per a request ([0056] the remote assistant application 84 can send a vehicle diagnostic information request to the vehicle electronics 20 and, in response, the vehicle electronics 20 can obtain and send vehicle diagnostic information to the remote assistant application 84).
Conclusion
Please refer to form 892 for cited references.
THIS ACTION IS MADE FINAL. 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 extension fee 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 JINGLI WANG whose telephone number is (571)272-8040. The examiner can normally be reached on Mon-Fri 9 am-5 pm EST.
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/J.W./ Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666