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 . This office action is in response to an amendment/argument submitted on 04/10/2026. The applicant amends claims 1, 9, and 17.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1 - 3, 5, 7 - 11, 13, 15 - 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen US 8,068,951 in view of Lightner US 6,636,790.
As per claim 1, A provider computing system comprising: (Chen Col 3 lines 64 - 66)
a communication interface structured to couple to a network; (Chen Col 4 lines 24 - 29 *951)
one or more processors; (Chen Col 4 lines 24 - 29 *951 the art discloses computer which contains a processor) and
at least one memory storing instructions that, when executed by the one or more processors, cause the one or more processors to: (Chen Col 7 lines 5 - 12 *951)
receive, from a user device and via the network, a first data packet comprising information associated with a vehicle; (Chen Col 2 lines 32 - 49) and (Lightner Col 8 lines 10 - 12) The clause doesn't identify the size of the data packet or define the what constitutes information.
analyze the first data packet to output a second data packet comprising:
one or more service tasks, and (Chen Col 6 lines 16 – 26)
repair priority information comprising a priority value for each of the one or more service tasks; (Chen Col 6 lines 16 - 26) and (Lightner Col 8 lines 10 - 12) The clause does not define the features of analyzing to create a hierarchy to define the feature of priority value.
transform the second data packet into a human-readable message comprising the repair priority information; (Chen Col 6 lines 16 - 26) The clause does not define the scope of repair priority information. and
transmit, via the communication interface and the network, the human- readable message to the user device. (Lightner Col 3 lines 52 - 55 and Col 8 lines 57 - 65) The clause does not identify what the message discloses.
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 2, The provider computing system of claim 1, wherein the information associated with the vehicle comprises at least one of engine performance information, engine load over time information, or a fuel consumption rate. (Lightner Col 8 lines 57 - 65)
Chen discloses a vehicle diagnostic system. Chen does not disclose various engine operations. Lightner teaches of various engine operations. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified.
As per claim 3, The provider computing system of claim 1, wherein the instructions, when executed, further cause the one or more processors to determine a corrective action based on analyzing the first data packet. (Chen Col 6 lines 16 - 31) The feature of corrective action is not defined or the structure affected and the factors used to perform the analysis.
As per claim 5, The provider computing system of claim 3, wherein:the second data packet includes machine-readable data; (Lightner Col 6 lines 8 - 25) and
the human-readable message includes only text describing the corrective action. (Chen Col 6 lines 54 - 58) and (Lightner Col 2 lines 66, 67 and Col3 line 1)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 7, The provider computing system of claim 1, wherein:
receiving the first data packet occurs within a first predetermined time period from when the first data packet is received by the user device; (Chen Col 6 lines 60 - 65) and (Lightner Col 8 lines 10 - 12) and (Lightner Col 6 lines 17 - 21)
analyzing the first data packet occurs within a second predetermined time period from an end of the first predetermined time period, the second predetermined time period less than the first predetermined time period; (Lightner Col 6 lines 17 - 21) and
transmitting the human-readable message to the user device occurs within a third predetermined time period from an end of the second predetermined time period, the third predetermined time period less than the second predetermined time period. (Lightner Col 6 lines 17 - 21)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or periods of time. Lightner teaches of data packets and periods of time. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified.
As per claim 8, The provider computing system of claim 1, wherein a data size of the human-readable message is less than a data size of the second data packet. (Lightner Col 2 lines 24)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 9, A method comprising: (Chen Col 3 lines 4 - 6)
receiving, by a computing system and from a user device coupled to a vehicle based on receiving an authentication credential that authenticates the user device, a first data packet comprising information associated with the vehicle; (Chen Col 7 lines 66, 67 and Col 8 lines 1,2)
analyzing, by the computing system, the first data packet; (Chen Col 6 lines 16 - 26) and (Lightner Col 8 lines 10 - 12)
generating, by the computing system and based on analyzing the first data packet, a second data packet comprising; (Chen Col 2 lines 32 - 49) and (Lightner Col 8 lines 10 - 12)
one or more service tasks, and
repair priority information comprising a priority value for each of the one or more service tasks; (Chen Col 6 lines 16 – 26)
transforming, by the computing system, the second data packet into a human- readable message comprising the repair priority information; (Chen Col 6 lines 16 - 26) and
transmitting, by the computing system, the human-readable message to the user device. (Lightner Col 3 lines 52 - 55 and Col 8 lines 57 - 65)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 10, The method of claim 9, wherein the information associated with the vehicle comprises at least one of engine performance information, engine load over time information, or a fuel consumption rate. (Lightner Col 8 lines 57 - 65)
Chen discloses a vehicle diagnostic system. Chen does not disclose various engine operations. Lightner teaches of various engine operations. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified.
As per claim 11, The method of claim 9, further comprising determining, by the computing system, a corrective action based on analyzing the first data packet. (Chen Col 6 lines 16 - 31)
As per claim 13, The method of claim 11, wherein:the second data packet includes machine-readable data; and the human-readable message includes only text describing the corrective action. (Chen Col 6 lines 54 - 58) and (Lightner Col 2 lines 66, 67 and Col3 line 1)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 15, The method of claim 9, wherein:
receiving the first data packet occurs within a first predetermined time period from when the first data packet is received by the user device; (Chen Col 6 lines 60 - 65) and (Lightner Col 8 lines 10 - 12) and (Lightner Col 6 lines 17 - 21)
analyzing the first data packet occurs within a second predetermined time period from an end of the first predetermined time period, the second predetermined time period less than the first predetermined time period; (Lightner Col 6 lines 17 - 21) and
transmitting the human-readable message to the user device occurs within a third predetermined time period from when end of the second predetermined time period, the third predetermined time period less than the second predetermined time period. (Lightner Col 6 lines 17 - 21)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or periods of time. Lightner teaches of data packets and periods of time. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified.
As per claim 16, The method of claim 9, wherein a data size of the human-readable message is less than a data size of the second data packet. (Lightner Col 2 lines 2 - 4)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 17, A non-transitory computer-readable medium having computer-executable instructions embodied therein that, when executed by at least one processor of a computing system, cause the computing system to perform operations comprising:
receiving a first data packet comprising information associated with a vehicle from a user device; (Chen Col 2 lines 32 - 49) and (Lightner Col 8 lines 10 - 12)
analyzing the first data packet; (Chen Col 6 lines 16 - 26) and (Lightner Col 8 lines 10 - 12)
generating a second data packet comprising one or more service tasks and repair priority information comprising a priority value for each of the one or more service tasks, based on analyzing the first data packet; (Chen Col 2 lines 32 - 49) and (Chen Col 6 lines 16 – 26) and (Lightner Col 8 lines 10 - 12)
transforming the second data packet into a human-readable message comprising the repair priority information; (Chen Col 6 lines 16 - 26) and
transmitting the human-readable message to the user device. (Lightner Col 3 lines 52 - 55 and Col 8 lines 57 - 65)
As per claim 18, The non-transitory computer-readable medium of claim 17, wherein the operations further comprise:
determining a corrective action based on analyzing the first data packet, wherein:
the second data packet includes machine-readable data; (Lightner Col 6 lines 8 - 25) and
the human-readable message include only text describing the corrective action. (Chen Col 6 lines 54 - 58) and (Lightner Col 2 lines 66, 67 and Col3 line 1)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
As per claim 20, The non-transitory computer-readable medium of claim 17, wherein a data size of the human-readable message is less than a data size of the second data packet. (Lightner Col 2 lines 2 - 4)
Chen discloses a vehicle diagnostic system. Chen does not disclose a first or second data packet or the transmission of a message to a device. Lightner teaches of data packets and the transmission of a message to a device. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Lightner et.al. into the invention of Chen. Such incorporation is motivated by the need to ensure a vehicle malfunction is properly identified and resolved.
Claims 4, 6, 12, 14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen US 8,068,951 in view of Lightner US 6,636,790 in view of Pomerantz US 2020/0398959.
As per claim 4, The provider computing system of claim 3, wherein the instructions, when executed, further cause the one or more processors to provide the corrective action to a controller of the vehicle such that the controller automatically performs the corrective action. (Pomerantz paragraph 0044 teaches, "These alerts can be used as inputs to a larger leak detection and repair (LDAR) program or to simply initiate further investigation efforts or repair activities. With respect to rigs, the alerts can be used to automatically identify a particular well or rig having an abnormally high emission level. This information can then be communicated to the rig for initiation of a manned or autonomous response. By way of example, the response may involve additional testing to identify the specific source or sources of emission and to then implement repair of that leak source. The data collected may be used to prioritize correction actions based on the severity of the emissions results determined. In some cases, the data collected may be used to direct AUVs 46 or other submarine vehicles to specific assets/locations to stop a methane leak or to perform other observational or corrective tasks.")
Chen discloses a vehicle diagnostic system. Chen does not disclose implementing corrective action. Pomerantz teaches implementing corrective action. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Pomerantz et.al. into the invention of Chen. Such incorporation is motivated by the need to resolve an issue with a vehicle
As per claim 6, The provider computing system of claim 1, wherein the instructions, when executed, further cause the one or more processors to:
determine an identity characteristic of the vehicle based on metadata included with the first data packet; (Chen Col 2 lines 32 - 49) and (Lightner Col 8 lines 10 - 12)
query a database for a set of vehicles having at least one identity characteristic that matches the identity characteristic of the vehicle; (Chen Col 6 lines 1 - 15)
determine a performance value for the set of vehicles; (Lightner Col 3 lines 24 - 34)
identify one or more parameters of the first data packet that exceed a corresponding threshold, wherein the threshold is based on the performance value; (Lightner Col 3 lines 24 - 34) and (Lightner Col 8 lines 10 - 12) and
retrieve, from the database, a corrective action based on the one or more parameters of the first data packet that exceed the corresponding threshold and the identity characteristic of the vehicle. (Pomerantz paragraph 0044)
Chen discloses a vehicle diagnostic system. Chen does not disclose implementing corrective action. Pomerantz teaches implementing corrective action. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Pomerantz et.al. into the invention of Chen. Such incorporation is motivated by the need to resolve an issue with a vehicle.
As per claim 12, The method of claim 11, further comprising providing the corrective action to a controller of the vehicle such that the controller automatically performs the corrective action. (Pomerantz paragraph 0044 teaches, "These alerts can be used as inputs to a larger leak detection and repair (LDAR) program or to simply initiate further investigation efforts or repair activities. With respect to rigs, the alerts can be used to automatically identify a particular well or rig having an abnormally high emission level. This information can then be communicated to the rig for initiation of a manned or autonomous response. By way of example, the response may involve additional testing to identify the specific source or sources of emission and to then implement repair of that leak source. The data collected may be used to prioritize correction actions based on the severity of the emissions results determined. In some cases, the data collected may be used to direct AUVs 46 or other submarine vehicles to specific assets/locations to stop a methane leak or to perform other observational or corrective tasks.")
Chen discloses a vehicle diagnostic system. Chen does not disclose implementing corrective action. Pomerantz teaches implementing corrective action. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Pomerantz et.al. into the invention of Chen. Such incorporation is motivated by the need to resolve an issue with a vehicle.
As per claim 14, The method of claim 9, further comprising:
determining an identity characteristic of the vehicle based on metadata included with the first data packet; (Chen Col 2 lines 32 - 49) and (Lightner Col 8 lines 10 - 12)
querying a database for a set of vehicles having at least one identity characteristic that matches the identity characteristic of the vehicle; (Chen Col 6 lines 1 - 15)
determining a performance value for the set of vehicles; (Lightner Col 3 lines 24 - 34)
identifying one or more parameters of the first data packet that exceed a corresponding threshold, wherein the threshold is based on the performance value; (Lightner Col 3 lines 24 - 34) and (Lightner Col 8 lines 10 - 12) and
retrieving, from the database, a corrective action based on the one or more parameters of the first data packet that exceed the corresponding threshold and the identity characteristic of the vehicle. (Pomerantz paragraph 0044)
Chen discloses a vehicle diagnostic system. Chen does not disclose implementing corrective action. Pomerantz teaches implementing corrective action. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Pomerantz et.al. into the invention of Chen. Such incorporation is motivated by the need to resolve an issue with a vehicle.
As per claim 19, The non-transitory computer-readable medium of claim 18, wherein the operations further comprise:
determining that at least one vehicle parameter value of the first data packet exceeds a corresponding threshold, wherein the corrective action corresponds to the at least one vehicle parameter value, and providing the corrective action to a controller of the vehicle such that the controller performs the corrective action. (Pomerantz paragraph 0044)
Chen discloses a vehicle diagnostic system. Chen does not disclose implementing corrective action. Pomerantz teaches implementing corrective action. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Pomerantz et.al. into the invention of Chen. Such incorporation is motivated by the need to resolve an issue with a vehicle.
Response to Arguments
Applicant's arguments filed 04/10/2026 have been fully considered but they are not persuasive. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, one skilled in the art would know to combine the two references to as part of performing a thorough and complete diagnostic of an issue with the most up to date technology.
With respect to the amendment by the applicant to the independent claim, the first amendment does not identify what the service tasks are in relation to. A vehicle has many components and systems and the claim doesn’t identify any one aspect with particularity. Therefore, the second amendment does not identify what a priority value constitutes and how a repair priority is identified and determined. The art of record ranks the tasks that need to be performed and that is the functional equivalent of the features of the claimed invention amendments.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664
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