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 .
Claims 1-9 are pending in this office action.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,071,082 .
Mapping of independent claims where each limitation is aligned with the corresponding limitation in the patent have same cue.
Application:18/783,730
Patent:12,071,082
1. A storing apparatus comprising:
a first input unit to which partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion,
the partial data being a portion of update data that is used to update a control program;
a second input unit to which partial data received via wireless communication is input;
a storage unit in which the partial data is stored;
a storing unit configured such that, if partial data is input to the second input unit, the storing unit stores the partial data input to the second input unit in the storage unit;
and the storing unit stores the partial data input to the first input unit in the storage unit.
and an output unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the partial data to a wireless device,
wherein the transmission stop data output from the output unit to the wireless device is transmitted via wireless communication,
1. A storing apparatus comprising:
a first input unit that is configured to be detachably connected to an external apparatus and to which a first partial data that is input from the external apparatus via a wired connection;
and the second partial data are a portion of an update data that is directed to update a control program of a first control unit and a second control unit wherein the first partial data
a second input unit configured to receive a second partial data via wireless communication;
a storage unit in which the first partial data and the second partial data are stored;
if the first partial data is input to the first input unit while the second partial data is being repeatedly input to the second input unit, the storing unit stops storing the second partial data input to the second input unit and stores the first partial data input to the first input unit in the storage unit;
stores the first partial data input to the first input unit in the storage unit;
2. The storing apparatus according to claim 1, further comprising an output unit configured such that, if the first partial data is input to the first input unit while the second partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the second partial data.
Independent claim 4
Independent claim 4
Independent claim 5
Independent claim 5
Independent claim 6
Independent claim 6
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 6 is rejected under 35 U.S.C 101 because the claimed invention is directed to non-statutory subject matter.
The claimed subject matter as in claims 6 is rejected under 35 USC 101 for being "software per se".
-The claimed invention in claim 6 is directed to "a computer program" that can be interpreted as referring to lines of programming within a computer system, rather than referring to the module as a physical object. The claimed invention is also addressed to "if” statement that are not a hardware system but are a software system. Accordingly, the claim becomes nothing more than sets of software instructions which are "software per se".
“Software per se” is non-statutory under 35 USC 101 because it is merely a set instruction without any defined tangible output or tangible result being produced. The requirement for tangible result under 35 USC 101 is defined in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368, 47USPQ2d 1596 (Fed. Cir. 1998).
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 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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims
Functions
placeholders
1
output unit
Outputs,
4
processing apparatus ,output unit
Execute, outputs
2, 8
Deletion unit
delete
3, 7, 9
Determination unit, second output unit
Determines, deletes
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
NB: most of the claim uses “if” statement , it is recommended that the claim limitations uses “in response to “ instead.
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 1, 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al (US20170257227A1) hereinafter “Endo” in view of Yousefi et al (US20120106537A1) hereinafter “Yousefi”
As per claim 1, Endo discloses a storing apparatus comprising:
a first input unit to which partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion:
[0027]“ When communication data is to be transmitted via wired communication, the controller 102 controls the first wired communication interface 104 to transmit data to the second wired communication interface 204 connected through the communication line.”
a second input unit to which partial data received via wireless communication is input:
[0027] “ When communication data is to be transmitted via wireless communication, the controller 102 controls the first wireless communication interface 106 to transmit communication data to the second wireless communication interface 206 connected to enable wireless communication through an antenna.”;
a storage unit in which the partial data is stored:
[0034] “As illustrated in FIG. 5, the data priority information tables 108a and 208a store therein the data priority information that defines the priority for each type of communication data transmitted-received between the first communication device 100 and the second communication device 200 provided in the vehicle 10”;
But not explicitly:
the partial data being a portion of update data that is used to update a control program;
a storing unit configured such that, if partial data is input to the second input unit, the storing unit stores the partial data input to the second input unit in the storage unit:
and an output unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the partial data to a wireless device, wherein the transmission stop data output from the output unit to the wireless device is transmitted via wireless communication, and the storing unit stores the partial data input to the first input unit in the storage unit.
Youssefi discloses:
the partial data being a portion of update data that is used to update a control program
[0243]“For a write request, the method continues by storing network data in a database or table 616. For example, the network packet may include network data for updating a network topology database, a forwarding database, a routing table, a filtering table, a mission-critical database, etc. Having stored the data, the method continues by sending a write acknowledgment 618”;
a storing unit configured such that, if partial data is input to the second input unit, the storing unit stores the partial data input to the second input unit in the storage unit:
[0529] “For an outbound packet when the switch module is in a wireless only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet to the wireless unit 1556 only. In this mode, the wired logical switch is opened such that the buffer 1560 does not receive the wireless only packet. The wireless buffer 1600 of the wireless unit 1556 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet”;
and an output unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the partial data to a wireless device:
This element is interpreted under 35 U.S.C. 112(f) as the interface input/output port 42 of the wireless communication of the relay system 10.
Yousefi discloses the switching circuit that switch off/open the wireless port off executing steps of [0527]. .
Examiner interpretation
[0527]“For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module”;
wherein the transmission stop data output from the output unit to the wireless device is transmitted via wireless communication, and the storing unit stores the partial data input to the first input unit in the storage unit:
[0495] When the bridge-routing module is in a wired only mode, the egress sync serial and/or parallel unit 1442 configures the logical switches 1482 to provide the packet to the wired egress unit 1434 only. In this mode, the wireless logical switch 1482 is opened such that the wireless egress unit 1436 does not receive the wired only packet. The wired egress buffer 1484 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the switching circuit 1486 routes the packet to the appropriate port”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Yousefi into teachings of Endo to reduces the cost for wired communication while reliability of data communication is improved when a variety of communication data is transmitted-received through wired and wireless hybrid communication between communication devices provided in the vehicle. [Endo].
As per claim 4, Endo discloses a communication system comprising:
a storing apparatus, the storing apparatus including: a first input unit to which partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion:
[0027]“ When communication data is to be transmitted via wired communication, the controller 102 controls the first wired communication interface 104 to transmit data to the second wired communication interface 204 connected through the communication line.”
a second input unit to which partial data received via wireless communication is input:
[0027] “ When communication data is to be transmitted via wireless communication, the controller 102 controls the first wireless communication interface 106 to transmit communication data to the second wireless communication interface 206 connected to enable wireless communication through an antenna.”;
a storage unit in which the partial data is stored:
[0034] “As illustrated in FIG. 5, the data priority information tables 108a and 208a store therein the data priority information that defines the priority for each type of communication data transmitted-received between the first communication device 100 and the second communication device 200 provided in the vehicle 10”;
and a processing apparatus that is connected to the storing apparatus and is configured to execute processing, wherein the control program is executed by the processing apparatus,:
This element is interpreted under 35 U.S.C. 112(f) as the component CPU that execute control programs using steps of [0031].
Endo teaches controller 202 for controlling the execution using steps of [0027].
Examiner interpretation:
[0027] “In FIG. 1, the controller 102 and the controller 202 are control means that performs various types of processing. The controller 102 of the first communication device 100 determines whether to transmit input communication data to the second communication device 200 via wired communication and/or transmit to the second communication device 200 via wireless communication, based on information stored in the storage unit 108”;
and the storing apparatus includes a transmission unit configured to transmit the partial data to the processing apparatus.
[0033] “Among those, the data type determining unit 102a determines the type of communication data to be transmitted from the first communication device 100 to the second communication device 200”;
But not explicitly:
the partial data being a portion of update data that is used to update a control program;
a storing unit configured such that, if partial data is input to the second input unit, the storing unit stores the partial data input to the second input unit in the storage unit;
and an output unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the partial data to a wireless device, wherein the transmission stop data output from the output unit to the wireless device is transmitted via wireless communication, and the storing unit stores the partial data input to the first input unit in the storage unit;
Yousefi discloses:
the partial data being a portion of update data that is used to update a control program:
[0243] “For a write request, the method continues by storing network data in a database or table 616. For example, the network packet may include network data for updating a network topology database, a forwarding database, a routing table, a filtering table, a mission-critical database, etc. Having stored the data, the method continues by sending a write acknowledgment 618”;
a storing unit configured such that, if partial data is input to the second input unit, the storing unit stores the partial data input to the second input unit in the storage unit:
[0529] “For an outbound packet when the switch module is in a wireless only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet to the wireless unit 1556 only. In this mode, the wired logical switch is opened such that the buffer 1560 does not receive the wireless only packet. The wireless buffer 1600 of the wireless unit 1556 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the MAC module 1602 performs MAC layer functions and the physical layer module 1604 performs PHY functions on the packet in accordance with the one or more wireless communication protocols to produce one or more outbound symbol streams, which are provided to the RF transceiver 1554”;
and an output unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the output unit outputs transmission stop data for giving an instruction to stop repeated wireless transmission of the partial data to a wireless device:
This element is interpreted under 35 U.S.C. 112(f) as the interface input/output port 42 of the wireless communication of the relay system 10.
Yousefi discloses the switching circuit that switch off/open the wireless port off executing steps of [0527]. .
Examiner interpretation
[0527] For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module.
wherein the transmission stop data output from the output unit to the wireless device is transmitted via wireless communication, and the storing unit stores the partial data input to the first input unit in the storage unit:
[0495] When the bridge-routing module is in a wired only mode, the egress sync serial and/or parallel unit 1442 configures the logical switches 1482 to provide the packet to the wired egress unit 1434 only. In this mode, the wireless logical switch 1482 is opened such that the wireless egress unit 1436 does not receive the wired only packet. The wired egress buffer 1484 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the switching circuit 1486 routes the packet to the appropriate port”
.
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Yousefi into teachings of Endo to reduces the cost for wired communication while reliability of data communication is improved when a variety of communication data is transmitted-received through wired and wireless hybrid communication between communication devices provided in the vehicle. [Endo].
As per claim 5, Endo discloses a storing method comprising the following steps executed by a computer:
if partial data is received via wireless communication, storing the received partial data:
fig.5 and [0027] “When communication data is to be transmitted via wireless communication, the controller 102 controls the first wireless communication interface 106 to transmit communication data to the second wireless communication interface 206 connected to enable wireless communication through an antenna”;
But not explicitly:
if partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion while partial data is being repeatedly received via wireless communication,
giving an instruction to output transmission stop data to a wireless device to give an instruction to stop repeated wireless transmission of the partial data;
and storing the partial data input from the diagnostic tool, wherein the transmission stop data output to the wireless device is transmitted via wireless communication.
Yousefi discloses:
that is a portion of update data that is used to update a control program:
[0243] “For a write request, the method continues by storing network data in a database or table 616. For example, the network packet may include network data for updating a network topology database, a forwarding database, a routing table, a filtering table, a mission-critical database, etc. Having stored the data, the method continues by sending a write acknowledgment 618”;
if partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion while partial data is being repeatedly received via wireless communication:
[0527] For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module.
Examiner interpretation:
Based on priority packets are transmitted to appropriate port. And in Endo low priority packets are always through wireless input port: Endo [0040] “The wireless communication data generating unit 102f generates the low-priority communication data divided by the data dividing unit 102c, as wireless communication data that can be communicated wirelessly”;
giving an instruction to output transmission stop data to a wireless device to give an instruction to stop repeated wireless transmission of the partial data:
[0529] “For an outbound packet when the switch module is in a wireless only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet to the wireless unit 1556 only. In this mode, the wired logical switch is opened such that the buffer 1560 does not receive the wireless only packet. The wireless buffer 1600 of the wireless unit 1556 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the MAC module 1602 performs MAC layer functions and the physical layer module 1604 performs PHY functions on the packet in accordance with the one or more wireless communication protocols to produce one or more outbound symbol streams, which are provided to the RF transceiver 1554”;
and storing the partial data input from the diagnostic tool, wherein the transmission stop data output to the wireless device is transmitted via wireless communication:
[0495] When the bridge-routing module is in a wired only mode, the egress sync serial and/or parallel unit 1442 configures the logical switches 1482 to provide the packet to the wired egress unit 1434 only. In this mode, the wireless logical switch 1482 is opened such that the wireless egress unit 1436 does not receive the wired only packet. The wired egress buffer 1484 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the switching circuit 1486 routes the packet to the appropriate port”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Yousefi into teachings of Endo to reduces the cost for wired communication while reliability of data communication is improved when a variety of communication data is transmitted-received through wired and wireless hybrid communication between communication devices provided in the vehicle. [Endo].
As per claim 6, Endo discloses a computer program for causing a computer to execute the following steps:
if partial data that is a portion of update data that is used to update a control program is received via wireless communication, storing the received partial data:
fig.5 and [0027] “When communication data is to be transmitted via wireless communication, the controller 102 controls the first wireless communication interface 106 to transmit communication data to the second wireless communication interface 206 connected to enable wireless communication through an antenna”;
But not explicitly:
if partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion while partial data is being repeatedly received via wireless communication, giving an instruction to output transmission stop data to a wireless device to give an instruction to stop repeated wireless transmission of the partial data; and storing the partial data input from the diagnostic tool, wherein the transmission stop data output to the wireless device is transmitted via wireless communication.
Yousefi discloses:
if partial data is input from a diagnostic tool that operates in accordance with an operation made to an operation portion while partial data is being repeatedly received via wireless communication,
[0527] For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module.
Examiner interpretation:
Based on priority packets are transmitted to appropriate port. And in Endo low priority packets are always through wireless input port: Endo [0040] “The wireless communication data generating unit 102f generates the low-priority communication data divided by the data dividing unit 102c, as wireless communication data that can be communicated wirelessly”;
giving an instruction to output transmission stop data to a wireless device to give an instruction to stop repeated wireless transmission of the partial data;
[0529] “For an outbound packet when the switch module is in a wireless only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet to the wireless unit 1556 only. In this mode, the wired logical switch is opened such that the buffer 1560 does not receive the wireless only packet. The wireless buffer 1600 of the wireless unit 1556 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the MAC module 1602 performs MAC layer functions and the physical layer module 1604 performs PHY functions on the packet in accordance with the one or more wireless communication protocols to produce one or more outbound symbol streams, which are provided to the RF transceiver 1554”;
and storing the partial data input from the diagnostic tool, wherein the transmission stop data output to the wireless device is transmitted via wireless communication.
[0495] When the bridge-routing module is in a wired only mode, the egress sync serial and/or parallel unit 1442 configures the logical switches 1482 to provide the packet to the wired egress unit 1434 only. In this mode, the wireless logical switch 1482 is opened such that the wireless egress unit 1436 does not receive the wired only packet. The wired egress buffer 1484 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the switching circuit 1486 routes the packet to the appropriate port”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Yousefi into teachings of Endo to reduces the cost for wired communication while reliability of data communication is improved when a variety of communication data is transmitted-received through wired and wireless hybrid communication between communication devices provided in the vehicle. [Endo].
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al (US20170257227A1) hereinafter “Endo” in view of Yousefi et al (US20120106537A1) hereinafter “Yousefi” and Gladwin et al (US20140298138A1) hereinafter “Gladwin”;
As per claim 2, the rejection of claim 1 is incorporated and furthermore endo discloses:
a deletion unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit:
[0527] For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module”.
But not explicitly:
the deletion unit deletes, from the storage unit, partial data that has been input to the second input unit and stored in the storage unit.
Gladwin discloses:
the deletion unit deletes, from the storage unit, partial data that has been input to the second input unit and stored in the storage unit:
This element is interpreted under 35 U.S.C. 112 (f) as the steps executed by the relay system using [0035] to delete data stored and received wirelessly.
Gladwin teaches a delete function associated with the wireless encoded data executed by the computing device 130 of fig. 7 to delete the encoded data Using steps of [0097].
Examiner interpretation:
[0097]: The partition module 136 partitions the set of encoded data slices 146 into a first sub-set of encoded data slices 148 and a second sub-set of encoded data slices 150, wherein the first sub-set of encoded data slices 148 include less than a decode threshold number of encoded data slices. The encode module 134 and or partition module may include a delete function with the encoded data slices 148 which causes the user device to delete the first sub-set of encoded data slices 148 when the accessing information 152 (e.g., request for the remainder of the content) is not received in a specified time frame";
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Gladwin into teachings of Endo and Yousefi to delete the sets of encoded data slices, when relevancy of the data object is below threshold, the data is stored in several physically different locations in distributed manner and is subsequently retrieved in reliable and secure manner regardless of failures of individual storage devices, failures of network equipment, duration of storage, the amount of data being stored and attempts at hacking the data, and the data storage integrity and security are improved, while reducing chances of unauthorized access [Gladwin].
As per claim 8, the rejection of claim 4 is incorporated and furthermore Endo discloses:
a deletion unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit, the deletion unit deletes, from the storage unit, partial data that has been input to the second input unit and stored in the storage unit.
a deletion unit configured such that, if partial data is input to the first input unit while partial data is being repeatedly input to the second input unit:
[0527] For an outbound packet when the switch module is in a wired only mode, the sync serial and/or parallel unit 1562 configures the logical switches 1596 to provide the packet it received from the switching circuit to the buffer 1560 only. In this mode, the wireless logical switch is open such that the wireless unit 1556 does not receive the wired only packet. The buffer 1560 receives the packet and stores it in one of its queues (may only have one queue) in accordance with the priority of the packet. When the packet reaches the front of the queue, the buffer 1560 routes the packet to the redundancy/backup module”.
But not explicitly:
the deletion unit deletes, from the storage unit, partial data that has been input to the second input unit and stored in the storage unit.
Gladwin discloses:
the deletion unit deletes, from the storage unit, partial data that has been input to the second input unit and stored in the storage unit:
This element is interpreted under 35 U.S.C. 112 (f) as the steps executed by the relay system using [0035] to delete data stored and received wirelessly.
Gladwin teaches a delete function associated with the wireless encoded data executed by the computing device 130 of fig. 7 to delete the encoded data Using steps of [0097].
Examiner interpretation:
[0097]: The partition module 136 partitions the set of encoded data slices 146 into a first sub-set of encoded data slices 148 and a second sub-set of encoded data slices 150, wherein the first sub-set of encoded data slices 148 include less than a decode threshold number of encoded data slices. The encode module 134 and or partition module may include a delete function with the encoded data slices 148 which causes the user device to delete the first sub-set of encoded data slices 148 when the accessing information 152 (e.g., request for the remainder of the content) is not received in a specified time frame";
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Gladwin into teachings of Endo and Yousefi to delete the sets of encoded data slices, when relevancy of the data object is below threshold, the data is stored in several physically different locations in distributed manner and is subsequently retrieved in reliable and secure manner regardless of failures of individual storage devices, failures of network equipment, duration of storage, the amount of data being stored and attempts at hacking the data, and the data storage integrity and security are improved, while reducing chances of unauthorized access [Gladwin].
Allowable Subject Matter
Claims 3, 7 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Pertinent arts:
US20110112969A1: enabling wired communication while disabling wireless communication for receiving server update to the vehicle access control system from the wireless communication device;
Conclusion
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/BRAHIM BOURZIK/ Examiner, Art Unit 2191
/WEI Y MUI/ Supervisory Patent Examiner, Art Unit 2191
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