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 .
Status of Claims
The amendment of 05/27/2025 has been entered. Claims 1-14 are currently pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers filed on 10/08/2024 as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/08/2024 and 11/26/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Analysis - 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.
Claims 1-14 are eligible under 35 U.S.C. 101 at step 2A prong 2 because the claim as a whole applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo.
Claim 1 recites a railway communication system (judicial exceptions in bold and additional elements underlined):
for transmitting data of a plurality of applications between a ground facility and an on-vehicle facility using the same wireless network, wherein an on-vehicle wireless control unit included in the on-vehicle facility has
a function of monitoring a communication environment,
a function of setting a transmission priority of each of the plurality of applications, and
a function of performing packet control of the data based on the communication environment and the transmission priority.
The analysis of claim 9 continues as:
Step 2A prong 1: The claim recites:
The mental process of limitation (c).
Step 2A prong 2: The claim recites:
The additional elements of limitations (a), (b), and (d).
Additional element (a) amounts to merely indicating a field of use or technological environment in which to apply a judicial exception and cannot integrate a judicial exception into a practical application – see MPEP 2106.05(h).
Additional element (b) is recited at a high level of generality, and amounts to mere data gathering, which is a form of insignificant extra-solution activity.
Additional element (d) however applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 7, 9, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BESSHO (WO 2011/074116, provided by Applicant on 10/08/2024 IDS).
Regarding claim 1, BESSHO discloses a railway communication system for transmitting data of a plurality of applications (implied i.a. traffic, pg. 9 line 21 - pg. 10 line 1) between a ground facility (1, Fig. 1) and an on-vehicle facility (5+6, Fig. 1, pg. 11 lines 19-21) using the same wireless network (Fig. 1), wherein
an on-vehicle wireless control unit (5) included in the on-vehicle facility has
a function of monitoring a communication environment (i.a. step S2, Fig. 4, pg. 8 lines 10-12),
a function of setting a transmission priority of each of the plurality of applications (step S4, Fig. 4, priority class determining unit 55, pg. 9 line 19 - pg. 10 line 3), and
a function of performing packet control of the data based on the communication environment and the transmission priority (pg. 9 lines 1-14).
Regarding claim 2, BESSHO discloses the railway communication system according to claim 1.
BESSHO further discloses wherein the wireless network is a public wireless network (pg. 4 lines 3-4).
Regarding claim 7, BESSHO discloses the railway communication system according to claim 1.
BESSHO further discloses wherein the function of performing packet control of the data based on the communication environment and the transmission priority (pg. 9 lines 1-14) is a function of increasing a transmission cycle of data having a low transmission priority (pg. 10 lines 18-20) when the communication environment is deteriorated (i.a. pg. 9 lines 14-15).
Regarding claim 9, BESSHO discloses a railway communication method for transmitting data of a plurality of applications (implied i.a. traffic, pg. 9 line 21 - pg. 10 line 1) between a ground facility (1, Fig. 1) and an on-vehicle facility (5+6, Fig. 1, pg. 11 lines 19-21) using the same wireless network (Fig. 1), the railway communication method comprising: on the on-vehicle facility side (5), monitoring a communication environment (i.a. step S2, Fig. 4, pg. 8 lines 10-12), setting a transmission priority for each of the plurality of applications (step S4, Fig. 4, priority class determining unit 55, pg. 9 line 19 - pg. 10 line 3), and performing packet control of the data based on the communication environment and the transmission priority (pg. 9 lines 1-14).
Regarding claim 14, BESSHO discloses the railway communication method according to claim 9.
BESSHO further discloses wherein the packet control of the data (pg. 9 lines 1-14) is increasing a transmission cycle of data having a low transmission priority (pg. 10 lines 18-20) when the communication environment is deteriorated (i.a. pg. 9 lines 14-15).
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 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.
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 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over BESSHO (WO 2011/074116, provided by Applicant on 10/08/2024 IDS) in view of GOTLUND (US 2023/0391382).
Regrading claim 3, BESSHO discloses the railway communication system according to claim 1.
BESSHO discloses the function of setting a transmission priority for each of the plurality of applications (step S4, Fig. 4, priority class determining unit 55, pg. 9 line 19 - pg. 10 line 3).
BESSHO is not relied upon to teach setting a transmission priority for each of the applications in real time in accordance with a status generated inside the application.
GOTLUND teaches a function of setting a transmission priority for applications in real time in accordance with a status generated inside the application (e.g., load status, 0054 lines 34-end; acceleration, 0279 lines 18-23) to automatically obtain data regarding a variety of objects, such as railcars, and provide a unified interface for tracking and monitoring a variety of the objects fitted with a variety of task tracking devices for monitoring the railcars and reporting the monitored condition of the railcars (0054 lines 1-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the system of BESSHO as taught by GOTLUND to automatically obtain data regarding a variety of objects, such as railcars, and provide a unified interface for tracking and monitoring a variety of the objects fitted with a variety of task tracking devices for monitoring the railcars and reporting the monitored condition of the railcars.
BESSHO as modified teaches wherein the function of setting a transmission priority for each of the plurality of applications is a function of setting a transmission priority for each of the applications in real time in accordance with a status generated inside the application.
Regarding claim 10, BESSHO discloses the railway communication method according to claim 9.
BESSHO discloses the function of setting a transmission priority for each of the plurality of applications (step S4, Fig. 4, priority class determining unit 55, pg. 9 line 19 - pg. 10 line 3).
BESSHO is not relied upon to teach setting a transmission priority for each of the applications in real time in accordance with a status generated inside the application.
GOTLUND teaches a transmission priority for applications is set in real time in accordance with a status generated inside the application (e.g., load status, 0054 lines 34-end; acceleration, 0279 lines 18-23) to automatically obtain data regarding a variety of objects, such as railcars, and provide a unified interface for tracking and monitoring a variety of the objects fitted with a variety of task tracking devices for monitoring the railcars and reporting the monitored condition of the railcars (0054 lines 1-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the method of BESSHO as taught by GOTLUND to automatically obtain data regarding a variety of objects, such as railcars, and provide a unified interface for tracking and monitoring a variety of the objects fitted with a variety of task tracking devices for monitoring the railcars and reporting the monitored condition of the railcars.
BESSHO as modified teaches wherein the transmission priority of each of the plurality of applications is set in real time in accordance with a status generated inside the application.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over BESSHO (WO 2011/074116, provided by Applicant on 10/08/2024 IDS) in view of NOFFSINGER (US 8,655,516).
Regarding claim 6, BESSHO discloses the railway communication system according to claim 1.
BESSHO discloses the function of performing packet control of the data based on the communication environment and the transmission priority (pg. 9 lines 1-14).
BESSHO is not relied upon to teaching stopping transmission of data having a low transmission priority when a communication environment is deteriorated.
NOFFSINGER teaches stopping transmission of data having a low transmission priority when the communication environment is deteriorated (col. 12 lines 27-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of BESSHO as taught by NOFFSINGER to ensure high-priority data is successfully received first.
BESSHO as modified teaches wherein the function of performing packet control of the data based on the communication environment and the transmission priority is a function of stopping transmission of data having a low transmission priority when the communication environment is deteriorated.
Regarding claim 13, BESSHO discloses the railway communication method according to claim 9.
BESSHO discloses the packet control of the data (pg. 9 lines 1-14).
BESSHO is not relied upon to teach stopping transmission of data having a low transmission priority when the communication environment is deteriorated.
NOFFSINGER teaches stopping transmission of data having a low transmission priority when the communication environment is deteriorated (col. 12 lines 27-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of BESSHO as taught by NOFFSINGER to ensure high-priority data is successfully received first.
BESSHO as modified teaches wherein the packet control of the data is stopping transmission of data having a low transmission priority when the communication environment is deteriorated.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over BESSHO (WO 2011/074116, provided by Applicant on 10/08/2024 IDS) in view of KENDELBACHER (WO 2018/033319).
Regarding claim 8, BESSHO discloses the railway communication system according to claim 1.
BESSHO is not relied upon to teach the further limitations of the claim.
KENDELBACHER teaches a railway communication system comprising plurality of applications (9-12, 0063 lines 1-2) includes a security application (ETCS, i.a. 0063 lines 1-end) configured to perform operation control of a train including a vehicle equipped with the on-vehicle facility (implied/inherent as one of ordinary skill would readily recognize ETCS to perform this function).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the system of BESSHO to include the security application taught by KENDELBACHER to ensure train protection.
Allowable Subject Matter
Claims 4-5 and 11-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
BESSHO (WO 2011/074116, provided by Applicant on 10/08/2024 IDS) and SEKI (JP 2009-089122, provided by Applicant on 10/08/2024 IDS) are the closest prior art of record.
The prior art fails to teach or render obvious the limitation an on-vehicle wireless control unit has a function of setting a transmission priority of each of a plurality of applications…in accordance with a traveling position [or operation section] of a vehicle equipped with the on-vehicle facility” in the manner defined in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK L. GREENE whose telephone number is (571)270-7555. The examiner can normally be reached M-F 8:30-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK L. GREENE/Primary Examiner, Art Unit 3747