DETAILED ACTION
This communication is response to the application filed 07/29/2024. Claims 1-4 are pending and presented for examination.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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: “communication unit configured to”, “detection unit configured to”, and “sleep processing unit configured to” in claims 1-3.
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.
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.
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Claims 1-4 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 7 of U.S. Patent No. 12,101,202 (hereafter Patent ‘202). Although the claims at issue are not identical, they are not patently distinct from each other because they are each drawn to a determine whether or not the communication unit has received a sleep response from the new onboard device that corresponds to the transmitted sleep request and updates a sleep information of the new onboard device with the stored sleep function information when the sleep information of the new onboard device does not correspond with the stored sleep information.
Regarding claim 1, Patent ‘202 discloses an onboard relay device comprising (see Patent ‘202, claim line 1: an onboard relay device comprising):
a communication unit configured to communicate with an onboard device included in an onboard network (see Patent ‘202, claim 1, lines 2-3: a communication unit configured to communicate with an onboard device included in an onboard network);
a detection unit configured to detect a new onboard device that is an onboard device newly added to the onboard network (see Patent ‘202, claim 4-6: a detection unit configured to detect a new onboard device that is an onboard device newly added to the onboard network);
a sleep processing unit configured to transmit to the new onboard device via the communication unit a sleep request for transitioning to a sleep state in synchronization with an onboard device included in the onboard network, when the new onboard device has been detected by the detection unit (see Patent ‘202, claim 1, 7-12: a sleep processing unit configured to transmit to the new onboard device via the communication unit a sleep request for transitioning to a sleep state in synchronization with an onboard device included in the onboard network, when the new onboard device has been detected by the detection unit),
wherein a sleep function information is stored in a storage unit being provided outside the onboard relay device, and the sleep processing unit is configured to determine whether or not the communication unit has received a sleep response from the new onboard device that corresponds to the transmitted sleep request and updates a sleep information of the new onboard device with the stored sleep function information when the sleep information of the new onboard device does not correspond with the stored sleep information (see Patent ‘202, claim 1, lines 13-21: and a storage unit configured to store a sleep function information, wherein sleep processing unit is configured to determine whether or not the communication unit has received a sleep response from the new onboard device that corresponds to the transmitted sleep request and updates a sleep information of the new onboard device with the stored sleep function information when the sleep information of the new onboard device does not correspond with the stored sleep information).
Regarding claim 2, Patent ‘202 discloses the onboard relay device according to claim 1, wherein the communication unit is configured to stop operating in the sleep state, and the sleep processing unit is configured to, in the detected state, when the communication unit receives, from the new onboard device, a sleep response corresponding to the sleep request, perform control so as not to allow the communication unit to transition to the sleep state (see Patent ‘202, claim 2, lines 1-8: the onboard relay device according to claim 1, wherein the communication unit is configured to stop operating in the sleep state, and the sleep processing unit is configured to, in the detected state, when the communication unit receives, from the new onboard device, a sleep response corresponding to the sleep request, perform control so as not to allow the communication unit to transition to the sleep state).
Regarding claim 3, Patent ‘202 discloses the onboard relay device according to claim 1, wherein the sleep processing unit is configured to, in the detected state, when the communication unit receives, from the new onboard device, a sleep response corresponding to the sleep request, transmit a wake-up request for causing an onboard device included in the onboard network to transition from a sleep state to a wake-up state, to the new onboard device via the communication unit (see Patent ‘202, claim 3, lines 1-8: the onboard relay device according to claim 1, wherein the sleep processing unit is configured to, in the detected state, when the communication unit receives, from the new onboard device, a sleep response corresponding to the sleep request, transmit a wake-up request for causing an onboard device included in the onboard network to transition from a sleep state to a wake-up state, to the new onboard device via the communication unit).
Regarding claim 4, Patent ‘202 discloses a sleep control method for an onboard device that is capable of communicating with another onboard device included in an onboard network, the sleep control method comprising the steps of (see Patent ‘202, claim 7, lines 1-4: a sleep control method for an onboard device that is capable of communicating with another onboard device included in an onboard network, the sleep control method comprising the steps of):
detecting a new onboard device that is an onboard device newly added to the onboard network (see Patent ‘202, claim 7, lines 5-6: detecting a new onboard device that is an onboard device newly added to the onboard network);
in a detected state where the new onboard device has been detected, transmitting a sleep request for transitioning to a sleep state in synchronization with an onboard device included in the onboard network, to the new onboard device (see Patent ‘202, claim 7, lines 7-11: in a detected state where the new onboard device has been detected, transmitting a sleep request for transitioning to a sleep state in synchronization with an onboard device included in the onboard network, to the new onboard device),
wherein the sleep function information is stored in a storage unit being provided outside the onboard relay device, the sleep control method further comprises the step of: determining whether or not the communication unit has received a sleep response from the new onboard device that corresponds to the transmitted sleep request transmitted and updating a sleep information of the new onboard device with a stored sleep function information when the sleep information of the new onboard device does not correspond with the stored sleep information (see Patent ‘202, claim 7, lines 12-19: determining whether or not the communication unit has received a sleep response from the new onboard device that corresponds to the transmitted sleep request transmitted and updating a sleep information of the new onboard device with the stored sleep function information when the sleep information of the new onboard device does not correspond with the stored sleep information).
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ 2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus)”. ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED; May 30, 2001).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,780,783 to Shin discloses onboard vehicle communication system. When the ignition switch of the vehicle 10 is turned off, the first ECU group 100A transmits the charge information of the vehicle 10 managed by the first ECU group 100A to the local bus NW4 instead of the global bus NW1. The local bus NW4 is a communication bus that is not connected to the gateway ECU 400. Thus, the charge information of the vehicle 10 transmitted from the first ECU group 100A is selectively transmitted to the DCM 300 via the local bus NW4 without being routed to another global bus (more specifically, second global bus NW2) via the gateway ECU 400. Thus, when charge information of the vehicle 10 is transmitted from the first ECU group 100A to the vehicle external device 30, the operational state of the ECU that does not require obtaining the charge information of the vehicle 10 no longer switches in an unnecessary manner from a sleep state to a wake-up state.
US 12,081,249 to Yasunori et al. discloses onboard relay apparatus, connected to a plurality of onboard devices and relays communication to the onboard devices, is provided on a roof and includes a branch line connector connected to an onboard load; a main line connector connected to a power supply apparatus supplies power and a second onboard relay apparatus, which are included in the plurality of onboard loads, provided in an area other than the roof via a power line and a communication line provided on a pillar of the vehicle; and a control unit configured to control power supplied from the power supply apparatus via a power line provided on the pillar and distributed to the onboard load via one of a plurality of power lines provided on the roof and controls relaying communication to the onboard load and the second onboard relay apparatus. By executing the control program stored in the storage unit 102, the control unit 101 functions as a sleep and wakeup unit that stops relay (communication) when the vehicle C is not in use (when the engine of the vehicle C is stopped) and starts relay (communication) when the vehicle C is in use (when the engine of the vehicle C is activate). The effects of dark current, for example, power consumption of the battery of the vehicle C, can be suppressed.
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/RASHEED GIDADO/ Primary Examiner, Art Unit 2464
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