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 .
Claim Objections
Claims 2-9, 11-15 and 17-23 are objected to because of the following informalities:
Claims 2-9 recite “A signal-enhancing apparatus according to claim…”. They are presumed to recite “The signal-enhancing apparatus according to claim…”.
Claims 11-15 recite “An apparatus according to claim…”. They are presumed to recite “The apparatus according to claim…”.
Claims 17-23 recite “A method according to claim…”. They are presumed to recite “The method according to claim…”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims, specifically claim 10, in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application, specifically those in claim 10 and shown in Figure 3, that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-11, 13-18 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zula (US 2016/0180605 A1).
Regarding claim 1, Zula discloses a signal-enhancing apparatus for a vehicle train having a tractor and first and second towed vehicles coupled to the tractor (see at least Figure 1, items 12, 20, 22, 30 and 32), the signal-enhancing apparatus comprising:
a first signal-enhancing circuit associated with the first towed vehicle and for enhancing a transmitted signal from the first towed vehicle (see at least Figure 1, items 20 and 22 | [0011] note the first trailer or first towed vehicle 20 has a first towed vehicle controller 22 | [0018] note the components associated with the first towed vehicle controller 22 | [0026] note the first towed vehicle controller 22 receives at least a fault message transmitted from the first dolly or second towed vehicle 30 via a power line 15 | [0030] note the first towed vehicle controller 22 transmits the fault message of the first dolly or second towed vehicle 30 on the power line at a first period in time different than the second period in time with an increased amplitude within the specification of the particular communications protocol); and
a second signal-enhancing circuit associated with the second towed vehicle and for enhancing a transmitted signal from the second towed vehicle (see at least Figure 1, items 30 and 32 | [0012] note the first dolly or second towed vehicle 30 has a second towed vehicle controller 32 | [0019] | [0025] note the first dolly or second towed vehicle 30 periodically transmits at least a fault message at a second period in time via the power line 15 that is received by the first towed vehicle controller 22 | [0030] | [0029] note other controllers 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message);
wherein each of the first and second signal-enhancing circuits is arranged to enhance its respective transmitted signal based upon the transmitted signal of the other towed vehicle (see at least [0030]).
Regarding claim 2, Zula discloses wherein each of the transmitted signals comprises a power line voltage detected in vicinity of its respective towed vehicle (see at least [0026] note as long as the fault message meets a predetermined minimum amplitude at the communications port 26, the fault message can be received and interpreted by the first towed vehicle control logic 24).
Regarding claim 3, Zula discloses wherein each of the first and second signal-enhancing circuits is arranged to adjust signal strength of its respective detected power line voltage (see at least [0030] note the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol).
Regarding claim 5, Zula discloses wherein each of the transmitted signals corresponds to a spatial relationship between the tractor and the first and second towed vehicles (see at least [0029] note other controllers 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message | [0030-0031] | [0026]).
Regarding claim 6, Zula discloses wherein the spatial relationship between the tractor and the first and second towed vehicles comprises order of the first and second towed vehicles relative to the tractor (see at least [0029-0031] | [0026]).
Regarding claim 7, Zula discloses wherein the order between the tractor and the first and second towed vehicles comprises position of the first towed vehicle relative to the tractor and position of the second towed vehicle relative to the tractor (see at least Figure 1, items 14, 15, 22, 32, 42, 52 and 62 | [0029-0031] | [0026]).
Regarding claim 8, Zula discloses wherein the order between the tractor and the first and second towed vehicles comprises distance of the first towed vehicle relative to the tractor and distance of the second towed vehicle relative to the tractor (see at least Figure 1, items 14, 15, 22, 32, 42, 52 and 62 | [0029-0031] | [0026]).
Regarding claim 9, Zula discloses wherein the first towed vehicle comprises a first trailer, and the second towed vehicle comprises a dolly (see at least Figure 1 | [0011-0012]).
Regarding claim 10, Zula discloses an apparatus for a vehicle train having a tractor and a plurality of towed vehicles coupled to the tractor (see at least Figure 1, items 10, 12, 20, 30, 40, 50, 60 | [0010-0012] note the tractor 12, the first trailer or first towed vehicle 20, the first dolly or second towed vehicle 30, etc. | [0030]), the apparatus comprising:
a power line (see at least [0010] note the power line 15); and
means for (see at least Figure 1, items 14, 22, 32, 42, 52, 62 | [0010-0011] note each vehicle 12, 20, 30, 40, 50, 60 has a controller 14, 22, 32, 42, 52, 62 | [0017-0018] note each controller 14, 22, 32, 42, 52, 62 has associated electrical components) enabling each of the plurality of towed vehicles to
(i) detect voltage of the power line in vicinity of its respective towed vehicle (see at least [0026] note as long as the received fault messages meet a predetermined minimum amplitude at the communications port 18, 26, 36, 46, 56, 66, the fault message can be received and interpreted by the towed vehicle controllers 14, 22, 32, 42, 52, 62, such as fifty millivolts peak to peak | [0029] note other controllers 22, 32, 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message),
(ii) transmit the respective detected voltage to other towed vehicles of the plurality of towed vehicles (see at least [0030] note the vehicle controllers 22, 32, 42, 52, 62 do not alter the content of the fault message but rather repeat the fault message exactly as it was received, such that the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol), and
(iii) adjust the respective transmitted voltage based upon at least one signal characteristic associated with the respective transmitted voltage relative to transmitted voltages of the other towed vehicles of the plurality of towed vehicles (see at least [0030] note the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol).
Regarding claim 11, Zula discloses wherein the at least one signal characteristic associated with the respective transmitted voltage comprises signal strength of the respective transmitted voltage (see at least [0030] note the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol).
Regarding claim 13, Zula discloses wherein (i) a vehicle battery comprises the power line, and (ii) the plurality of towed vehicles comprises first and second trailers and a dolly interconnecting the first and second trailers (see at least Figure 1 | [0010-0013] | [0017] note the power line 15 is typically connected to ignition power, which is received from a twelve volt DC battery).
Regarding claim 14, Zula discloses wherein each transmitted voltage of the power line in vicinity of the respective towed vehicle corresponds to position of the respective towed vehicle relative to the tractor (see at least [0022] note a fault message transmitted by the control logic 64 is transmitted at a fifth period in time, which is different than the first period in time, second period in time, third period in time and fourth period in time | [0029] other controllers 22, 32, 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message | [0031] note the fault message is likely to be greater than a minimum amplitude due to the repetition of the fault message by the first towed vehicle control logic 24, which is located in closer proximity to the tractor 12 than the second towed vehicle 30).
Regarding claim 15, Zula discloses wherein each transmitted voltage of the power line in vicinity of the respective towed vehicle corresponds to distance of the respective towed vehicle relative to the tractor (see at least [0022] note a fault message transmitted by the control logic 64 is transmitted at a fifth period in time, which is different than the first period in time, second period in time, third period in time and fourth period in time | [0029] other controllers 22, 32, 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message | [0031] note the fault message is likely to be greater than a minimum amplitude due to the repetition of the fault message by the first towed vehicle control logic 24, which is located in closer proximity to the tractor 12 than the second towed vehicle 30).
Regarding claim 16, Zula discloses a method of operating each towed vehicle of a plurality of towed vehicles coupled to a tractor (see at least Figure 1, items 10, 12, 20, 30, 40, 50, 60 | Figure 8 | [0010-0012] note the tractor 12, the first trailer or first towed vehicle 20, the first dolly or second towed vehicle 30, etc. | [0030]), the method comprising:
enhancing at the towed vehicle a characteristic of a transmitted signal from the towed vehicle based upon a relationship between the tractor and the plurality of towed vehicles (see at least [0029] note other controllers 22, 32, 42, 52, 62 that may be equipped with the method 80 of this invention that may already be repeating the fault message | [0030] note the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol, and it repeats the fault message at a period in time different than the period in time used by the towed vehicle controller 22, 32, 42, 52, 62 that originally transmitted the fault message | [0031]).
Regarding claim 17, Zula discloses wherein enhancing at the towed vehicle a characteristic of a transmitted signal from the towed vehicle based upon a relationship between the tractor and the plurality of towed vehicles includes: enhancing at the towed vehicle a characteristic of a transmitted power line voltage in vicinity of the towed vehicle based upon differences in transmitted power line voltages associated with the towed vehicle and other towed vehicles of the plurality of towed vehicles (see at least [0030] note the fault message amplitude is increased back to an amplitude value within the specification of the particular communications protocol | [0025] note fault messages have a specific amplitude of 4V peak to peak | [0026] note each towed vehicle’s transmitted fault message degrades and ones that exceed fifty millivolts peak to peak, which is a predetermined minimum voltage, can be received and processed).
Regarding claim 18, Zula discloses wherein enhancing at the towed vehicle a characteristic of a transmitted power line voltage measurement in vicinity of the towed vehicle based upon differences in transmitted power line voltages associated with the towed vehicle and other towed vehicles of the plurality of towed vehicles includes: adjusting at the towed vehicle a signal strength characteristic of the transmitted power line voltage in vicinity of the towed vehicle (see [0030]).
Regarding claim 23, Zula discloses wherein the method is performed by a controller having a memory executing one or more programs of instructions which are tangibly embodied in a program storage medium readable by the controller (see at least [0017-0022] note each paragraph similarly discloses a controller, memory, computer executable instructions, etc.).
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.
Claims 4, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zula (US 2016/0180605 A1) in view of Udren (US 4,475,209 A).
Regarding claim 4, Zula does not specifically disclose wherein each of the first and second signal-enhancing circuits is arranged to adjust a signal-to-noise ratio output associated with its respective detected power line voltage.
It is known that less noise improves communication. For example, Udren teaches wherein a signal-enhancing circuit is arranged to adjust a signal-to-noise ratio output associated with its respective detected power line voltage (see at least col. 3, lines 1-10).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Udren into Zula. This provides the ability for the first and second signal-enhancing circuits to prevent the accumulation of noise interference and improve overall system performance.
Regarding claim 12, Zula in view of Udren teach wherein the at least one signal characteristic associated with the respective transmitted voltage comprises a signal-to-noise ratio output of the respective transmitted voltage (see at least col. 3, lines 1-10 of Udren).
Regarding claim 19, Zula in view of Udren teach wherein enhancing at the towed vehicle a characteristic of a transmitted power line voltage in vicinity of the towed vehicle based upon differences in transmitted power line voltages associated with the towed vehicle and other towed vehicles of the plurality of towed vehicles includes: adjusting at the towed vehicle a signal-to-noise ratio output of the transmitted power line voltage in vicinity of the towed vehicle (see at least col. 3, lines 1-10 of Udren).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zula (US 2016/0180605 A1) in view of Ripley (US 9,227,607 B1).
Regarding claim 20, Zula does not specifically disclose transmitting an identifier associated with the towed vehicle and the transmitted signal along a communication line to other towed vehicles of the plurality towed vehicles.
It is known to transmit identifying information in signals. For example, Ripley teaches a system that transmits an identifier associated with the towed vehicle and the transmitted signal along a communication line to other towed vehicles of the plurality towed vehicles (see at least Figures 1-2 | col. 6, lines 30-44, note transmission of unique identification | col. 5, lines 59-67).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Ripley into Zula. This provides the ability for the tractor controller to further help distinguish between signals, thus improving communication.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zula (US 2016/0180605 A1) in view of Hayes (US 10,050,674 B1).
Regarding claim 21, Zula does not specifically disclose wherein enhancing at the towed vehicle a characteristic of a transmitted signal from the towed vehicle based upon a relationship between the tractor and the plurality of towed vehicles includes: enhancing at the towed vehicle a characteristic of a continuously changing transmitted signal from the towed vehicle.
It is known to enhance more than one type of signal. For example, Hayes teaches a system that enhances at the towed vehicle a characteristic of a continuously changing transmitted signal from the towed vehicle (see at least Figure 1, items 20, 221, 222 | col. 3, lines 9-34, note transmission (and reception) of data from one or more systems 22 on trailers 14 to a system 20 on a tractor, such as sensor readings, ABS readings, TPMS readings, collision avoidance readings, commands, etc. | col. 4, lines 46-50, note identifying protocols | col. 5, lines 40-58, note tuning the input signal and transmitting messages | col. 6, lines 12-57, note different types or levels of signal conditioning are required | col. 8, lines 25-33).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Hayes into Zula. This provides the ability to broadcast (continuously changing) sensor data and commands across the power lines of a vehicle train, and account for different protocols, amplification and different types or levels of signal conditioning prior to transmission, thus helping ensure reception.
Regarding claim 22, Zula in view of Hayes teach wherein enhancing at the towed vehicle a characteristic of a continuously changing transmitted signal from the towed vehicle includes: enhancing in real-time at the towed vehicle the characteristic of the continuously changing transmitted signal from the towed vehicle such that all transmitted signals from all towed vehicles of the plurality of towed vehicles are successfully received at the tractor (see at least Figure 1, items 20, 221, 222 of Hayes | col. 3, lines 9-34 of Hayes, note transmission (and reception) of data from one or more systems 22 on trailers 14 to a system 20 on a tractor, such as sensor readings, ABS readings, TPMS readings, collision avoidance readings, commands, etc. | col. 4, lines 46-56 of Hayes, note by identifying protocols controller 30 is able to decode messages using different communication protocols thereby facilitating use of devices on tractor-trailer 10 from a wider variety of manufacturers implementing different power line communication protocols | col. 5, lines 40-58 of Hayes, note tuning the input signal and transmitting messages | col. 6, lines 12-57 of Hayes, note different types or levels of signal conditioning are required | col. 8, lines 25-33 of Hayes).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN WILSON whose telephone number is 571-270-5884. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689