DETAILED ACTION
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, 4-10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bergmann et al. (US 20160044129 A1) in view of Kahn (US 20220400398 A1).
Considering claim 1, Bergmann teaches a network use optimization system (Fig.1, [0020]) comprising:
a vehicle (102, Fig.1);
at least one data source carried by the vehicle (102) and configured to output data signals (Fig.2-3, [0025] external devices 150 may include one or more sensors and communication link 136 may transmit sensor output from external devices 150 to in-vehicle computing system 109);
a cellular data communication device carried by the vehicle (Fig.2-3, [0024], [0057] the data may be passed through modem 308 via cellular communication to processor 334);
a radio frequency communications device carried by the vehicle ([0024] mobile device 128 may include a smart phone, a tablet, a laptop computer, a portable media player, and/or any suitable mobile computing device. The mobile device 128 may be connected to the in-vehicle computing system via communication link 130); and
a communication connection controller (processor 334) carried by the vehicle (Fig.2-3, [0045] in-vehicle computing system 301 configured and/or integrated inside a vehicle, [0046]) and configured to:
receive the data signals from the at least one data source ([0025] in-vehicle computing system 109 may also be communicatively coupled to additional devices operated and/or accessed by the user but located external to vehicle 102, such as one or more external devices 150… External devices 150 may be connected to the in-vehicle computing system via communication link 136 which may be wired or wireless, as discussed with reference to communication link 130, and configured to provide two-way communication between the external devices and the in-vehicle computing system);
assign a data signal category to the data signals ([0068] assigned to one or more current network parameters and to corresponding one or more expected network parameters. For example, a first weighted average of parameters of a current communication network including current bandwidth and current network rate cost may be determined);
evaluate a current availability of each of the cellular data communications device and the radio frequency communications device (Fig.2-3, [0067] detect and monitor available network connections and their capabilities, and select an appropriate connection);
Harman do not clearly teach select one of the cellular data communications (CDC) device and the radio frequency communications (RFC) device for transmission of the data signals based on the current availability of each of the cellular data communications device and the radio frequency communications device and the category assigned to the data signals; and output the selection to a person for confirmation and in response to a received confirmation, transmit the data signals using the selection or automatically transmit the data signals using the selection.
Kahn teaches select one of the cellular data communications (CDC) device ([0008] a wireless cellular communication) and the radio frequency communications (RFC) device ([0008] a radio frequency communication) for transmission of the data signals based on the current availability of each of the cellular data communications device and the radio frequency communications device and the category assigned to the data signals ([0008] select at least one of the at least two different communication infrastructure [0072] a dedicated signal strength indicator (SSI) for each of the communication infrastructures, and/or a dedicated latency detection calculator may be provided for each of the communication infrastructures, such that the status and utility of each available communication infrastructure may be continuously and/or sequentially monitored); and output the selection to a person for confirmation ([0022] a selection or action by a user) and in response to a received confirmation, transmit the data signals using the selection or automatically transmit the data signals using the selection ([0022] A user may, for example, instruct a computing platform embark upon a course of action via an indication of a selection, including, for example, pushing a key, clicking a mouse, maneuvering a pointer, touching a touch pad, touching a touch screen, acting out touch screen gesturing movements, maneuvering an electronic pen device over a screen, verbalizing voice commands, and/or by audible sounds).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filling date of the claimed invention to combine or modify of Kahn to Bergmann to reliable and effective solution for monitoring and arbitrating the performance of infrastructure systems.
4, wherein the communications connection controller is configured to automatically transmit the data signals using the selection (Bergmann: [0024], Kahn: [0008], [0072]).
5, wherein the communications connection controller is configured to prioritize consumption (based on weight assigned) of any availability of the CDC device over consumption of any availability of the RFC device for data signals having an assigned category of operating information, command control, real-time alert or streaming video (Bergmann: [0024], [0068], Kahn: [0008], [0072]).
6. The network use optimization system of claim 5, wherein the communications connection controller is configured to prioritize different data signal categories (1) operating information over (2) command control over (3) real-time alert over (4) streaming video for consumption of any availability of the CDC device (Bergmann: [0024], [0068], Kahn: [0008], [0072]).
7, wherein the communications connection controller is configured to prioritize consumption (based on weight assigned) of any availability of the CDC device over consumption of any availability of the RFC device for data signals having an assigned category of geographic vehicle coverage file, CAN log file, and vehicle video files (Bergmann: [0024], [0068], Kahn: [0008], [0072]).
8, wherein the communications connection controller is configured to prioritize data signal having an assigned category geographic vehicle coverage file over data signals having an assigned category of CAN log file over data signals having an assigned category of vehicle video files, for consumption of any availability of the CDC device (Bergmann: [0024], [0068], Kahn: [0008], [0072]).
9, wherein the communications connection controller is configured to prioritize data signals having an assigned category of operating information, command control, real-time alert or streaming video over data signals having an assigned category of geographic vehicle coverage file, CAN log file, and vehicle video files, for consumption of any availability of the CDC device (Bergmann: [0024], [0068], Kahn: [0008], [0072]).
10, wherein the availability of the CDC device is based upon a predetermined bandwidth threshold (Bergmann: [0024], [0068]).
Considering claim 14, Bergmann teaches network use optimization system comprising:
a communication connection controller (processor 334) carried by the vehicle (Fig.2-3, [0045] in-vehicle computing system 301 configured and/or integrated inside a vehicle, [0046]) and configured to:
receive the data signals from the at least one data source ([0025] in-vehicle computing system 109 may also be communicatively coupled to additional devices operated and/or accessed by the user but located external to vehicle 102, such as one or more external devices 150… External devices 150 may be connected to the in-vehicle computing system via communication link 136 which may be wired or wireless, as discussed with reference to communication link 130, and configured to provide two-way communication between the external devices and the in-vehicle computing system);
assign a data signal category to the data signals ([0068] assigned to one or more current network parameters and to corresponding one or more expected network parameters. For example, a first weighted average of parameters of a current communication network including current bandwidth and current network rate cost may be determined);
evaluate a current availability of each of the cellular data communications device and the radio frequency communications device (Fig.2-3, [0067] detect and monitor available network connections and their capabilities, and select an appropriate connection);
Harman do not clearly teach select one of the cellular data communications (CDC) device and the radio frequency communications (RFC) device for transmission of the data signals based on the current availability of each of the cellular data communications device and the radio frequency communications device and the category assigned to the data signals; and output the selection to a person for confirmation and in response to a received confirmation, transmit the data signals using the selection or automatically transmit the data signals using the selection.
Kahn teaches select one of the cellular data communications (CDC) device ([0008] a wireless cellular communication) and the radio frequency communications (RFC) device ([0008] a radio frequency communication) for transmission of the data signals based on the current availability of each of the cellular data communications device and the radio frequency communications device and the category assigned to the data signals ([0008] select at least one of the at least two different communication infrastructure [0072] a dedicated signal strength indicator (SSI) for each of the communication infrastructures, and/or a dedicated latency detection calculator may be provided for each of the communication infrastructures, such that the status and utility of each available communication infrastructure may be continuously and/or sequentially monitored); and output the selection to a person for confirmation ([0022] a selection or action by a user) and in response to a received confirmation, transmit the data signals using the selection or automatically transmit the data signals using the selection ([0022] A user may, for example, instruct a computing platform embark upon a course of action via an indication of a selection, including, for example, pushing a key, clicking a mouse, maneuvering a pointer, touching a touch pad, touching a touch screen, acting out touch screen gesturing movements, maneuvering an electronic pen device over a screen, verbalizing voice commands, and/or by audible sounds).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filling date of the claimed invention to combine or modify of Kahn to Bergmann to reliable and effective solution for monitoring and arbitrating the performance of infrastructure systems.
Allowable Subject Matter
Claims 2-3, 11-13, and 15-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAI MINH NGUYEN whose telephone number is (571)272-7923. The examiner can normally be reached 6-3.
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/KHAI M NGUYEN/ Primary Examiner, Art Unit 2641
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