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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/19/2024 and 12/03/2024 have been placed in the record and considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created
doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference
claim(s) because the examined application claim is either anticipated by, or would have
been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the
terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete.
See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for
consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be
used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the
application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal
Disclaimer may be filled out completely online using web-screens. An eTerminal
Disclaimer that meets all requirements is auto-processed and approved immediately
upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3 and 12-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 7-13 of copending Application No. 18,281,959 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are similar in scope with a broader recitation (see table below).
Current application 18550457
Co-pending application 18281959
1: An in-vehicle communication device comprising:
a wired communication unit that performs wired communication via a wired communication network constructed among a plurality of devices mounted on a vehicle;
a wireless communication unit that performs wireless communication via a wireless communication network constructed among the plurality of devices; and
a control unit that transmits first data corresponding to transmission data via the wired communication unit and transmit second data corresponding to the transmission data via the wireless communication unit according to a predetermined condition.
1. An in-vehicle communication device comprising:
a wired communication unit that performs wired communication via a wired communication network constructed between a plurality of pieces of equipment mounted on a vehicle;
a wireless communication unit that performs wireless communication via a wireless communication network constructed between the plurality of pieces of equipment; and
a control unit that transmits first data via the wired communication unit and transmits second data via the wireless communication unit according to a predetermined condition.
2. The in-vehicle communication device according to claim 1, wherein the control unit switches communication via one network to communication via an other network in a case where there is unauthorized access to the one of the wired communication network and the wireless communication network.
2. The in-vehicle communication device according to claim 1, wherein the control unit switches, in a case where there is unauthorized access to one network of the wired communication network or the wireless communication network, communication via the one network to communication via another network.
3. The in-vehicle communication device according to claim 1, wherein the control unit switches the communication to transmit at least part of data in a case where a traffic amount of the communication of one of the wired communication network and the wireless communication network exceeds or falls below a predetermined threshold.
3. The in-vehicle communication device according to claim 1, wherein the control unit transmits, in a case where a traffic amount of communication of one of the wired communication network or the wireless communication network exceeds or falls below a predetermined threshold, at least part of data while switching the communication.
12. The in-vehicle communication device according to claim 1, wherein
the wired communication network of a ring type is constructed in the vehicle.
7. The in-vehicle communication device according to claim 1, wherein
the wired communication network of a ring type is constructed in the vehicle.
13. The in-vehicle communication device according to claim 1, wherein
a topology of the wireless communication network is same as a topology of the wired communication network.
8. The in-vehicle communication device according to claim 1, wherein
topology of the wireless communication network is same as topology of the wired communication network.
14. The in-vehicle communication device according to claim 1, wherein
a topology of the wireless communication network is different from a topology of the wired communication network.
9. The in-vehicle communication device according to claim 1, wherein
topology of the wireless communication network is different from topology of the wired communication network.
15. The in-vehicle communication device according to claim 1, wherein
the control unit
performs at least one of the wired communication and the wireless communication based on control information set based on information shared by the wired communication network and the wireless communication network.
10. The in-vehicle communication device according to claim 1, wherein
the control unit
performs at least one of the wired communication or the wireless communication on a basis of control information configured on a basis of information shared by the wired communication network and the wireless communication network.
16. The in-vehicle communication device according to claim 1, wherein
the control unit
performs the wired communication based on first control information set in the wired communication network, and
performs the wireless communication based on second control information set in the wireless communication network.
11. The in-vehicle communication device according to claim 1, wherein
the control unit
performs the wired communication on a basis of first control information configured in the wired communication network, and
performs the wireless communication on a basis of second control information configured in the wireless communication network.
17. A communication method comprising:
performing wired communication via a wired communication network constructed among a plurality of devices mounted on a vehicle;
performing wireless communication via a wireless communication network constructed among the plurality of devices; and
transmitting first data corresponding to transmission data via the wired communication network and transmitting second data corresponding to the transmission data via the wireless communication network according to a predetermined condition.
12. A communication method comprising:
performing wired communication via a wired communication network constructed between a plurality of pieces of equipment mounted on a vehicle;
performing wireless communication via a wireless communication network constructed between the plurality of pieces of equipment; and
transmitting first data via the wired communication network and transmitting second data via the wireless communication network according to a predetermined condition.
18. A communication system comprising:
a zone control node disposed in a zone of a plurality of zones divided in a vehicle;
a control node that controls communication between a plurality of the zone control nodes; and
a device that is disposed in the zone and communicates with the zone control node corresponding to the zone, wherein
at least one of the zone control node, the control node, and the device comprises:
a wired communication unit that performs wired communication via a wired communication network constructed among a plurality of devices among the zone control node, the control node, and the device mounted on the vehicle;
a wireless communication unit that performs wireless communication via a wireless communication network constructed among the plurality of devices; and
a control unit that transmits first data corresponding to transmission data via the wired communication unit and transmits second data corresponding to the transmission data via the wireless communication unit according to a predetermined condition.
13. A communication system comprising:
a zone control node arranged in each zone in a vehicle divided into a plurality of zones;
a control node that controls communication between the zone control nodes; and
a device that is arranged in each of the zones and communicates with the zone control node corresponding to the zone, wherein
at least one of the zone control nodes, the control node, or the devices includes
a wired communication unit that performs wired communication via a wired communication network constructed between a plurality of pieces of equipment among the zone control nodes, the control node, and the devices mounted on the vehicle,
a wireless communication unit that performs wireless communication via a wireless communication network constructed between the plurality of pieces of equipment, and
a control unit that transmits first data via the wired communication unit and transmits second data via the wireless communication unit according to a predetermined condition.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function. Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The following claim limitations, “a communication unit”, “a control unit”, have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “unit” coupled with functional language “communication unit that performs”, “control unit that transmits”, “control unit switches”, “control unit determines”, “control unit executes”, “control unit shifts” and “control unit sets” without reciting sufficient structure to achieve the functions or being preceded by a structural modifier. Since the claim limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-16 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Figures 1-11 and corresponding description that describe the functions of the various units, and paragraph [0075]-[0084], [0191]-[0194] starting on pages 17-19 and 44-45 of the specification as filed, which describes that the various described units can be realized by hardware, such as a computer/CPU executing a computer program.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action. If applicant does not intend to have the claim limitations treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claims so that they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim limitations recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
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 1,3,12 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Endo et al. (US 2019/0068510 A1; hereinafter "Endo").
Regarding claim 1, Endo teaches an in-vehicle communication device (FIG. 1 100/200) comprising:
a wired communication unit that performs wired communication via a wired communication network constructed among a plurality of devices mounted on a vehicle ([0041] the wired transmission controller 102e transmits the wired communication data by the electric communication or the optical communication via the first wired communication interface unit 104, [0048] The wired transmission controller 202e transmits the wired communication data via the second wired communication interface unit 204);
a wireless communication unit that performs wireless communication via a wireless communication network constructed among the plurality of devices ([0041] The wireless communication data generation unit 102f generates as wireless communication data. The wireless transmission controller 102g transmits via the first wireless communication interface unit 106, [0048] The wireless transmission controller 202g transmits via the second wireless communication interface unit 206); and
a control unit (FIG. 3 controller 102) that transmits first data corresponding to transmission data via the wired communication unit and transmit second data corresponding to the transmission data via the wireless communication unit according to a predetermined condition ([0040] divides pieces of communication data into communication data having high priority and low priority, [0041] High priority to wired, low priority to wireless, [0043] when low priority data amount < remaining wired capacity, both high + low are transmitted via wired, [0051] when low priority > wired remaining amount, part of low priority to wired, and rest of the priority to wireless).
Regarding claim 3, Endo teaches wherein
the control unit (FIG. 3 controller 102h+102i+102c)
switches the communication to transmit at least part of data in a case where a traffic amount of the communication of one of the wired communication network and the wireless communication network exceeds or falls below a predetermined threshold ([0042] predicts a data remaining amount capable of being transmitted via the wired interface, [0043] when low priority < data remaining amount, both high + low go to wired, [0051] when low priority > data remaining amount, part of low priority goes to wired, rest of them goes to wireless).
Regarding claim 12, Endo teaches wherein the wired communication network of a ring type is constructed in the vehicle (As shown in FIG. 2, the optical communication line is arranged such that communication devices are connected along a continuous path, which may be regarded as a ring-type topology).
Regarding claim 17, Endo teaches a communication method (abstract) comprising:
performing wired communication via a wired communication network constructed among a plurality of devices mounted on a vehicle ([0041] the wired transmission controller 102e transmits the wired communication data by the electric communication or the optical communication via the first wired communication interface unit 104, [0048] The wired transmission controller 202e transmits the wired communication data via the second wired communication interface unit 204);
performing wireless communication via a wireless communication network constructed among the plurality of devices ([0041] The wireless communication data generation unit 102f generates as wireless communication data. The wireless transmission controller 102g transmits via the first wireless communication interface unit 106, [0048] The wireless transmission controller 202g transmits via the second wireless communication interface unit 206); and
transmitting first data corresponding to transmission data via the wired communication network and transmitting second data corresponding to the transmission data via the wireless communication network according to a predetermined condition ([0040] divides pieces of communication data into communication data having high priority and low priority, [0041] High priority to wired, low priority to wireless, [0043] when low priority data amount < remaining wired capacity, both high + low are transmitted via wired, [0051] when low priority > wired remaining amount, part of low priority to wired, and rest of the priority to wireless).
Regarding claim 18, Endo teaches a communication system (abstract) comprising:
a zone control node disposed in a zone of a plurality of zones divided in a vehicle (FIG. 2 shows a plurality of communication devices 50 disposed in physically different regions of the vehicle 10, each communication device performing local communication control for devices in its respective region, thereby corresponding to a zone control node disposed in a zone of a plurality of zones within the vehicle; [0026]);
a control node that controls communication between a plurality of the zone control nodes (As shown in FIG. 1 and 2, the controller 102 controls manage communication between a plurality of communication devices 50 disposed in different regions of the vehicle. Since each communication device 50 functions as a local communication/control node for its respective region, the controller 102 thereby controls communication between a plurality of zone control nodes; [0026]); and
a device that is disposed in the zone and communicates with the zone control node corresponding to the zone (FIG. 2 shows devices 50 disposed within the vehicle 10 that communicate with corresponding communication devices via wired or wireless communication lines), wherein
at least one of the zone control node, the control node, and the device (FIG. 3 and 4 disclose that at least one of the communication devices includes a controller and communication interface units for wired and wireless communication) comprises:
a wired communication unit that performs wired communication via a wired communication network constructed among a plurality of devices among the zone control node, the control node, and the device mounted on the vehicle ([0041] the wired transmission controller 102e transmits the wired communication data by the electric communication or the optical communication via the first wired communication interface unit 104, [0048] The wired transmission controller 202e transmits the wired communication data via the second wired communication interface unit 204);
a wireless communication unit that performs wireless communication via a wireless communication network constructed among the plurality of devices ([0041] The wireless communication data generation unit 102f generates as wireless communication data. The wireless transmission controller 102g transmits via the first wireless communication interface unit 106, [0048] The wireless transmission controller 202g transmits via the second wireless communication interface unit 206); and
a control unit (FIG. 3 controller 102) that transmits first data corresponding to transmission data via the wired communication unit and transmits second data corresponding to the transmission data via the wireless communication unit according to a predetermined condition ([0040] divides pieces of communication data into communication data having high priority and low priority, [0041] High priority to wired, low priority to wireless, [0043] when low priority data amount < remaining wired capacity, both high + low are transmitted via wired, [0051] when low priority > wired remaining amount, part of low priority to wired, and rest of the priority to wireless).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Endo, in view of Taketo et al. (JP 2019/125344 A; hereinafter “Taketo”).
Regarding claim 2, Endo does not teach wherein the control unit switches communication via one network to communication via an other network in a case where there is unauthorized access to the one of the wired communication network and the wireless communication network.
In an analogous art, Taketo teaches wherein the control unit switches communication via one network to communication via an other network in a case where there is unauthorized access to the one of the wired communication network and the wireless communication network ([Page 3-Page 4] when an intrusion or unauthorized attack reaches a telematics communication unit or in-vehicle infotainment, the controller changes the communication method so as to avoid the attacked communication via a different communication path, thereby switching communication between different networks in response to unauthorized access).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the controller as taught by
Taketo within the parameter of Endo. One would have been motivated to do so in
order to increase the security of the system.
Claims 4-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Endo, in view of Litichever et al. (US 2019/0385057 A1; hereinafter “Litichever”).
Regarding claim 4, Endo does not teaches wherein the control unit sets the transmission data as one of the first data and the second data, and sets information obtained by performing error coding processing on the transmission data and used for error correction of the transmission data as an other of the first data and the second data.
In an analogous art, Litichever teaches wherein the control unit sets the transmission data as one of the first data and the second data ([0189]-[0190] a payload operates on files as target data to be processed (e.g., encrypted), thereby setting the transmission data as one of the first data and the second data), and
sets information obtained by performing error coding processing on the transmission data and used for error correction of the transmission data as an other of the first data and the second data ([0237];[0498] disclose generating and managing data-protection-related information separately from system data, thereby setting information obtained from processing the transmission data and used for error correction as the other of the first data and the second data).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 5, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit sets encrypted data obtained by performing encryption processing on the transmission data as one of the first data and the second data ([0189]-[0190] encrypting files to generate encrypted data, thereby encrypted data obtained by performing encryption processing on the transmission data as one of the first data and the second data), and
sets information used to decode the encrypted data as an other of the first data and the second data ([0189],[0237],[0498] storing and providing decryption programs, unlock codes, or cryptographic keys separately from encrypted data, thereby setting information used to decode the encrypted data as the other of the first data and the second data).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 6, the combination of Endo and Litichever, specifically Litichever teaches wherein the first data and the second data are the transmission data being same ([0189]-[0190] the same file constitutes the underlying data both before and after processing (e.g., encryption), such that the first data and the second data correspond to the same transmission data in different processing states).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 7, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit transmits the first data and the second data same as the first data in a case where it is determined that a traffic condition is dangerous ([0189]-[0190] processing and encrypting transmission data, [0237],[0498] separately managing information used to decode or protect the transmission data, such that first data and second data correspond to the same transmission data, [0055], [0112] a control unit determines dangerous traffic condition and transmits safety-related information; therefore the control unit transmits the first data and the second data as the same transmission data).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 8, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit executes processing using reception data received earlier among first reception data received via the wired communication unit and second reception data received via the wireless communication unit ([0230] reading and processing an early-received portion of message data to determine whether the message is suspicious, [0055], [0112] control units that receive data via both wired and wireless vehicular communication paths; therefore, the control unit executes processing using reception data received earlier among first reception data received via the wired communication unit and second reception data received via the wireless communication unit).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 9, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit determines whether or not first reception data received via the wired communication unit and second reception data received via the wireless communication unit are identical to each other ([0379] receiving messages via both wired and wireless networks, [0401] analyzing and comparing characteristics of received signals; therefore, the control unit determines whether first reception data received via the wired communication unit and second reception data received via the wireless communication unit are identical to each other).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 10, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit executes processing using one of the first reception data and the second reception data in a case where it is determined that the first reception data and the second reception data are not identical to each other ([0379] receiving first reception data via a wired network and second reception data via a wireless network, [0401] analyzing and comparing characteristics of received signals, while [0228] determining invalid or corrupted messages and processing based on that determination; therefore, when the first reception data and the second reception data are determined not to be identical, the control unit executes processing using one of the first reception data and the second reception data).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the system data as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 11, the combination of Endo and Litichever, specifically Litichever teaches wherein the control unit shifts a state of the vehicle to a fail-safe mode in a case where it is determined that at least one of first reception data received via the wired communication unit and second reception data received via the wireless communication is not correctly received ([0379] receiving data via both wired and wireless communication units, [0228] determining whether received data is invalid or incorrectly received, while [0055] control units and active safety systems shift vehicle operation in response to detected abnormal or dangerous conditions; therefore, when at least one of the first reception data received via the wired communication unit and the second reception data received via the wireless communication unit is not correctly received, the control unit shifts a state of the vehicle to a fail-safe mode).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the control unit as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 13, the combination of Endo and Litichever, specifically Litichever teaches wherein a topology of the wireless communication network is same as a topology of the wired communication network ([0511] The topology of any wired network herein is based on, or uses, point-to-point, bus, star, ring or circular, mesh, tree, hybrid, or daisy chain topology. Any two nodes are connected in a point-to-point topology, and any communication herein between two nodes are unidirectional, half-duplex, or full-duplex, [0544] such networks or portions thereof may utilize any one or more different topologies (e.g., ring, bus, star, loop, etc.), transmission media (e.g., wired/RF cable, RF wireless, optical) and/or communications or networking protocols (e.g., SONET, IEEE Std. 802.3, Frame Relay, 3GPP)).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify topologies as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Regarding claim 14, the combination of Endo and Litichever, specifically Litichever teaches wherein a topology of the wireless communication network is same as a topology of the wired communication network ([0511] The topology of any wired network herein is based on, or uses, point-to-point, bus, star, ring or circular, mesh, tree, hybrid, or daisy chain topology. Any two nodes are connected in a point-to-point topology, and any communication herein between two nodes are unidirectional, half-duplex, or full-duplex, [0544] such networks or portions thereof may utilize any one or more different topologies (e.g., ring, bus, star, loop, etc.), transmission media (e.g., wired/RF cable, RF wireless, optical) and/or communications or networking protocols (e.g., SONET, IEEE Std. 802.3, Frame Relay, 3GPP)).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify topologies as taught by
Litichever within the parameter of Endo. One would have been motivated to do so in
order to provide an improved security with a better user experience (Litichever [0263]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Endo, in view of Wang et al. (WO 2020/228396 A1; hereinafter “Wang”).
Regarding claim 15, Endo does not teach wherein the control unit performs at least one of the wired communication and the wireless communication based on control information set based on information shared by the wired communication network and the wireless communication network.
In an analogous art, Wang teaches wherein the control unit performs at least one of the wired communication and the wireless communication based on control information set based on information shared by the wired communication network and the wireless communication network ([Page 13 paragraph 3] the controller communicates with multiple gateways and communication endpoints via wired and/or wireless connections, and service data or control data generated by the controller or gateways may be forwarded in end-to-end communication using a backup communication link, indicating that the controller controls communication paths based on network information across multiple communication networks).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the controller as taught by
Wang within the parameter of Endo. One would have been motivated to do so in
order to reduce cost of the individual components as they only need to communicate with the controller.
Regarding claim 16, the combination of Endo and Litichever, specifically Wang teaches wherein the control unit performs the wired communication based on first control information set in the wired communication network, and performs the wireless communication based on second control information set in the wireless communication network ([Page 13 paragraph 3] the controller generates service data or control data for communication with getaways and communication endpoints via wired and/or wireless connections, and such control data may be forwarded in end-to-end communication using a backup communication link, indicating that different control information is applied depending on the communication network used).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the controller as taught by
Wang within the parameter of Endo. One would have been motivated to do so in
order to reduce cost of the individual components as they only need to communicate with the controller.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2016/0099963 A1 (Mahaffey et al.) discloses methods are provided for determining an enterprise risk level.
US 2017/0093536 A1 (Yoganathan et al.) discloses a technique for managing access by a portable device to an in-vehicle router system (IVRS).
US 2020/0052773 A1 (GO et al.) discloses a relay device, a detection method and a detection program.
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/T.I./ Examiner, Art Unit 2413
/OUSSAMA ROUDANI/ Primary Examiner, Art Unit 2413