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 .
DETAILED ACTION
This Office Action is in response to the Remarks filed on 07/10/2025.
In the instant Amendment, claims 1, 2, 4, 5 and 7 are amended; claim 9 has been newly added; claims 1-9 have been examined and are pending in this application. This Action is made FINAL.
Response to Arguments
Applicants’ arguments in the instant Amendment, filed on 07/10/2025, with respect to limitations listed below, have been fully considered but they are not persuasive.
The previous rejections under 35 U.S.C. §112(b) for indefiniteness and nonstatutory double patenting are hereby withdrawn in view of the new claim amendments.
Applicant’s arguments with respect to claim(s) 1 and the rest of the independent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner respectfully suggests that the claim be further amended; details in the specification could be incorporated, to distinguish the claimed invention over prior art of record. Should the Applicant desire an interview to further clarify the claim interpretation/rejections, please contact the Examiner at (571) 272-1531 to schedule an interview.
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 1-9 and is/are rejected under 35 U.S.C. §103 as being unpatentable over Juliato (US 2020/0128031 A1), in further view of AIShaikh (US20160315800A1).
Regarding Claim 1
JULIATO discloses:
A communication system that performs communication among a plurality of nodes by a broker-less type publishing/subscribing model (Juliato Paragraph 23: teaches message-based peer communication between ECUs without a centralized host, which aligns with a broker-less pub/sub communication system across nodes), the communication system comprising: a computer including a memory and a processor configured to detect distribution of data transmitted by a third party and having unauthorized contents from one application that is exclusively selected as a source from which data is transferred to subscriber side application among one or more applications that are redundant on one or more of the nodes and functioning as a publisher side (Juliato Paragraphs 13, 18, 27: Teaches identifying unauthorized data transmissions (malicious messages) from a priority-handled ECU and switching to a redundant standby ECU. Priority handling is shown via lower message ID values, and redundancy is supported by standby ECUs that replace compromised ones.); and switch an application handled with priority on the subscriber side to another application different from the one application among the one or more applications in a case where distribution of the unauthorized contents is detected (Juliato Paragraphs 18, 27, 49: Teaches switching from a compromised (unauthorized data distributing) ECU with priority (low message ID) to a different standby ECU. This dynamic replacement aligns with switching from a priority-handled application to another application when unauthorized behavior is detected.),
JULIATO does not teach the following claim limitation “wherein the processor is further configured to: switch the application by changing ownership strength associated with the application in data distribution service (DDS), and switch a topic name used by the subscriber side to receive data from the another application”
However, in an analogous prior art AIShaikh teaches a DDS system/method that includes:
wherein the processor is further configured to: switch the application by changing ownership strength associated with the application in data distribution service (DDS) (AIShaikh Paragraphs 50, 54, 73 and 83: teaches using DDS ownership strength quality-of-service parameter to determine which publisher node is active, where the publisher with the highest ownership strength is the designated data source. When a publisher node fails, a replacement node with the next-highest ownership strength is automatically designated as the new publisher, and subscriber immediately receives data from this backup node.), and switch a topic name used by the subscriber side to receive data from the another application (AIShaikh Paragraphs 42, 64-68: teaches that in the DDS-based system, publishers create and transmit data through named topics and subscribers receive data only from the topic they are configured to subscribe to. When a new publisher becomes active, subscribers can be redirected to receive data through its corresponding topic.).
Given the teaching of AIShaikh, a person having ordinary skill in the art would have recognized the desirability to modify the teachings of Juliato to implement publisher switching through DDS ownership strength and topic-based subscription control. It would have been obvious to implement the DDS ownership and topic mechanism into Juliato in order to provide a predictable method for publisher replacement and subscriber redirection within a pub/sub system (AIShaikh Paragraphs 42, 64-68).
Regarding Claim 2
JULIATO discloses:
The communication system according to claim 1, wherein the processor is further configured to: decide the another application handled with priority on the subscriber side based on a predetermined switching condition and configuration information indicating a network configuration of the communication system (JULIATO Paragraphs 18 and 49: Teaches identifying a compromised (malicious) ECU and dynamically activating a standby ECU (alternate application) based on the detected unauthorized behavior (switching condition) and knowledge of system state and ECU behavior (network configuration/context). This corresponds to deciding a new application handled with priority on the subscriber side using condition and configuration data.), wherein the processor switches an application handled with priority on the subscriber side to the another application decided by the processor in a case where distribution of the unauthorized contents is detected (JULIATO Paragraphs 49-50:Teaches switching from a compromised ECU (priority application) to a standby ECU (redundant application) upon detection of unauthorized data (attack). The processor (ECU 101-S with security logic) identifies the threat and initiates the replacement process, aligning with switching applications based on detected unauthorized data.).
Regarding Claim 3
JULIATO discloses:
The communication system according to claim 2, wherein the switching condition is a condition indicating that an application on a node different from a node of the one application among the one or more applications is set as an application handled with priority on the subscriber side (JULIATO Paragraphs 49: teaches replacing a compromised application (ECU 101-1) with a standby application (ECU 101-3) located on a different node. This dynamic substitution reflects a switching condition where a different-node application becomes the priority-handled subscriber), or a condition indicating that an application on a node different from a node of the one application and having the smallest amount of distribution data among the one or more applications is set as an application handled with priority on the subscriber side.
Regarding Claim 4
JULIATO discloses:
A switching apparatus connected to a plurality of nodes that perform communication by a broker-less type publishing/subscribing model, the switching apparatus comprising: a memory; and a processor configured to detect distribution of data transmitted by a third party and having unauthorized contents from one application that is exclusively selected as a source from which data is transferred to a subscriber side application among one or more applications that are redundant on one or more of the nodes and functioning as a publisher side (Juliato Paragraphs 13, 18, 27: Teaches identifying unauthorized data transmissions (malicious messages) from a priority-handled ECU and switching to a redundant standby ECU. Priority handling is shown via lower message ID values, and redundancy is supported by standby ECUs that replace compromised ones.); and transmit an instruction to switch an application handled with priority on the subscriber side to another application different from the one application among the one or more applications in a case where distribution of the unauthorized contents is detected (Juliato Paragraph 50: Teaches transmitting an instruction to activate (i.e., switch to) a different application (standby ECU 101-3) when a primary, priority-handled application (ECU 101-1) is detected as compromised (unauthorized data). The communication between ECUs aligns with instruction transmission.),
wherein the processor is further configured to:switch the application by changing ownership strength associated with the application in data distribution service (DDS) (AIShaikh Paragraphs 50, 54, 73 and 83: teaches using DDS ownership strength quality-of-service parameter to determine which publisher node is active, where the publisher with the highest ownership strength is the designated data source. When a publisher node fails, a replacement node with the next-highest ownership strength is automatically designated as the new publisher, and subscriber immediately receives data from this backup node.), and switch a topic name used by the subscriber side to receive data from the another application (AIShaikh Paragraphs 42, 64-68: teaches that in the DDS-based system, publishers create and transmit data through named topics and subscribers receive data only from the topic they are configured to subscribe to. When a new publisher becomes active, subscribers can be redirected to receive data through its corresponding topic.), and switch a topic name used by the subscriber side to receive data from the another application (AIShaikh Paragraphs 42, 64-68: teaches that in the DDS-based system, publishers create and transmit data through named topics and subscribers receive data only from the topic they are configured to subscribe to. When a new publisher becomes active, subscribers can be redirected to receive data through its corresponding topic.).
Given the teaching of AIShaikh, a person having ordinary skill in the art would have recognized the desirability to modify the teachings of Juliato to implement publisher switching through DDS ownership strength and topic-based subscription control. It would have been obvious to implement the DDS ownership and topic mechanism into Juliato in order to provide a predictable method for publisher replacement and subscriber redirection within a pub/sub system (AIShaikh Paragraphs 42, 64-68).
Regarding Claim 5
JULIATO discloses:
The switching apparatus according to claim 4, wherein the processor is further
decide the another application handled with priority on the subscriber side based on a predetermined switching condition and configuration information indicating a network configuration of a communication system including the plurality of nodes (JULIATO Paragraph 50: teaches determining that the currently prioritized ECU (application) is compromised, then bringing a standby ECU (another application) online based on security logic decisions and the network configuration, aligning with the decision-making and switching condition based on network structure.),
wherein the processor transmits an instruction to switch an application handled with priority on the subscriber side to the another application decided by the processor in a case where distribution of the unauthorized contents is detected (JULIATO Paragraph 50: Teaches transmitting a switching instruction over the network from a processor (ECU 101-S) that has detected malicious behavior in the current application (ECU 101-1) to switch to a standby ECU (101-3), which was previously decided by the system.).
Regarding Claim 6
JULIATO discloses:
The switching apparatus according to claim 5, wherein the switching condition is a condition indicating that an application on a node different from a node of the one application among the one or more applications is set as an application handled with priority on the subscriber side (JULIATO Paragraph 49: teaches replacing a compromised application (ECU 101-1) with a standby application (ECU 101-3) located on a different node. This dynamic substitution reflects a switching condition where a different-node application becomes the priority-handled subscriber), or a condition indicating that an application on a node different from a node of the one application and having the smallest amount of distribution data among the one or more applications is set as an application handled with priority on the subscriber side.
Regarding Claim 7
JULIATO discloses:
A switching method performed by a switching apparatus that includes a memory and a processor, and is connected to a plurality of nodes that perform communication by a broker-less type publishing/subscribing model, the switching method comprising: detecting distribution of data transmitted by a third party and having unauthorized contents from one application that is exclusively selected as a source from which data is transferred to a subscriber side application among one or more applications that are redundant on one or more of the nodes and functioning as a publisher side (JULIATO Paragraph 17: Teaches detecting unauthorized or malicious data from a compromised application (ECU) that has high operational priority by evaluating whether message payloads deviate from expected operational ranges. The system identifies anomalous messages and neutralizes them, effectively detecting unauthorized data distribution from a priority-handled publisher to subscribers.); and transmitting an instruction to switch an application handled with priority on the subscriber side to another application different from the one application among the one or more applications in a case where distribution of the unauthorized contents is detected (JULIATO Paragraph 49: teaches detecting compromised (unauthorized) behavior in a priority-handled component (ECU 101-1), then sending an instruction to deactivate it and activate a different redundant component (ECU 101-3), effectively switching applications on detection of unauthorized data),
AIShaikh further teaches a DDS system/method that includes:
wherein the switching method further comprises: switching the application by changing ownership strength associated with the application in data distribution service (DDS) (AIShaikh Paragraphs 50, 54, 73 and 83: teaches using DDS ownership strength quality-of-service parameter to determine which publisher node is active, where the publisher with the highest ownership strength is the designated data source. When a publisher node fails, a replacement node with the next-highest ownership strength is automatically designated as the new publisher, and subscriber immediately receives data from this backup node.), and switching a topic name used by the subscriber side to receive data from the another application (AIShaikh Paragraphs 42, 64-68: teaches that in the DDS-based system, publishers create and transmit data through named topics and subscribers receive data only from the topic they are configured to subscribe to. When a new publisher becomes active, subscribers can be redirected to receive data through its corresponding topic.).
Given the teaching of AIShaikh, a person having ordinary skill in the art would have recognized the desirability to modify the teachings of Juliato to implement publisher switching through DDS ownership strength and topic-based subscription control. It would have been obvious to implement the DDS ownership and topic mechanism into Juliato in order to provide a predictable method for publisher replacement and subscriber redirection within a pub/sub system (AIShaikh Paragraphs 42, 64-68).
Regarding Claim 8
JULIATO discloses:
A non-transitory computer-readable recording medium having computer-readable instructions stored thereon, which, when executed, cause a computer including a memory and processor to function as the switching apparatus according to claim 4 (Paragraph 64: Teaches that the disclosed invention includes a non-transitory computer-readable medium storing executable instructions that cause a processor to perform the operations described in the figures (e.g., replacing compromised ECUs with standby ECUs), aligning with the claimed requirement of functioning as a switching apparatus.).
Regarding Claim 9
JULIATO discloses:
The communication system according to claim 1, wherein the processor is further configured to select the another application based on configuration information indicating a network configuration and a predetermined switching condition (JULIATO Paragraphs 18 and 49: Teaches identifying a compromised (malicious) ECU and dynamically activating a standby ECU (alternate application) based on the detected unauthorized behavior (switching condition) and knowledge of system state and ECU behavior (network configuration/context). This corresponds to deciding a new application handled with priority on the subscriber side using condition and configuration data.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chua US 9,264,301 B1 teaches a failover method in a Software Defined Network (SDN) where a controller predefines a primary path and a backup path for traffic between devices. It associates master devices with the primary path and slave devices with the backup path. Upon detecting a failover event, the controller switches traffic routing from the primary to the backup path by reprogramming the network devices accordingly, ensuring continued network operation.
Wei US 2019/0220374 A1 teaches a failover method were, upon detecting a maliciously revised function or data block, a PLC switches to a verified replica on a failover device. It may also reroute communication through other controllers to ensure safe and secure operation.
MacWan US 2011/0138467 A1 teaches a content delivery and security system that detects malicious software, unauthorized changes, and suspicious network activity. It correlates this data to identify security events and triggers responses like attack mitigation or alerting a response team.
BARTLETT US 2017/0163679 A1 teaches a method for DDoS and hacking protection using a private global network (GPN) of edge and proxy servers. It involves analyzing user data streams for malicious activity at edge servers, rerouting or blocking traffic accordingly, and using network proximity and latency sensitivity to optimize routing through GPN servers before delivering content to destination servers.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 Saad Abdullah whose telephone number is (571) 272-1531. The examiner can normally be reached on Monday through Friday, 8:30 AM - 5:00 PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached on (571) 272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAAD AHMAD ABDULLAH/Examiner, Art Unit 2431
/LYNN D FEILD/Supervisory Patent Examiner, Art Unit 2431
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