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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claim(s) 1 & 7) in the reply filed on 01/13/2026 is acknowledged.
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 12/21/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-3, 5 is/are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “a creation unit configured to create”, “a transmission unit configured to transmit”, “a monitoring unit configured to monitor”, “a detection unit configured to detect”, “a storage unit configured to store”, 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No association between the structure and the function can be found in the specification. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claim(s) 1 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over YOKOGAWA NOBUHIRO (JP 6217469 B2) and further in view of MIYASHITA, YUKIHIRO (JP 2007243747 A).
Re Claim 1 & 7, YOKOGAWA NOBUHIRO teaches an in-vehicle device configured to transmit, in an in- vehicle network, messages to which identification information is added, the messages including a periodic message and an event message, the in-vehicle device comprising:
a creation unit configured to create the periodic message and the event message; and (YOKOGAWA; FIG. 1-10; Page(s) 2, 5-8, 12, 14; The embodiment(s) detail a message creation unit (creation unit) configured to create and transmit periodic messages (period message and the event message).)
a transmission control unit configured to transmit the periodic message and the event message created by the creation unit, (YOKOGAWA; FIG. 7-8; Page(s) 8, 10; A transmission control unit (transmission control unit) configured to transmit the period messages (periodic message and the event message) created by the creation unit.)
wherein in transmitting the event message, after a waiting time elapses from a transmission timing of a previously transmitted message among the messages to which the identification information of the same value as that of the event message to be transmitted is added, (YOKOGAWA; FIG. 1, 11-14; Page(s) 3, 8, 10-13; The embodiment(s) detail comparable subject matter to the stated limitation such as elapsing times before the a message is transmitted. The data transmission message contain previously transmitted data, identifiable information and values.)
the transmission control unit transmits the event message to which the identification information of the same value is added, (YOKOGAWA; FIG. 1, 11-14; Page(s) 3, 8, 10-13; Transmitting the message.)
YOKOGAWA NOBUHIRO does not explicitly suggest the waiting time is longer than half a transmission cycle of the periodic message and is shorter than the transmission cycle, and the event message is a message to be non-periodically transmitted.
However, in analogous art, MIYASHITA, YUKIHIRO teaches the waiting time is longer than half a transmission cycle of the periodic message and is shorter than the transmission cycle, and (MIYASHITA; FIG. 1-4; Page(s) 2-7; The cited embodiment(s) detail waiting times, variable transmission times in relation to the transmission cycle.
the event message is a message to be non-periodically transmitted. (MIYASHITA; FIG. 1-4; Page(s) 2-7; The non periodic transmission of messages.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify YOKOGAWA NOBUHIRO in view of MIYASHITA, YUKIHIRO to transmit in-vehicle messages for the reasons of setting transmission timing in an in-vehicle LAN for the control of transmitting message periodically. (MIYASHITA Abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B ROBINSON/ Primary Examiner, Art Unit 2443