DETAILED ACTION
This is a non-final office action on the merits. Claims 1-10 are cancelled. Claims 10-18 are pending and addressed below.
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 10/11/2024 is being considered by the examiner.
The information disclosure statement (IDS) submitted on 7/21/2025 is being considered by the examiner.
The information disclosure statement (IDS) submitted on 12/19/2025 is being considered by the examiner.
Non-English documents have been considered in as much as the drawings and translated portions provided therein (See MPEP 609).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10, 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20090276115 a reference in IDS 10/11/2024) in view of Bromley et al (US 20040167689)
Regarding claims 10 and 16, Chen teaches:
a diagnostic system comprising:
a vehicle having an in-vehicle computing unit; and
a first computing unit external to the vehicle,
(at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions);
wherein
the first computing unit external to the vehicle is configured to generate a diagnosis execution protocol, wherein the diagnostic execution protocol comprises machine-readable instructions for performing an at least semi-automated functional diagnosis of vehicle components by an in-vehicle computing unit;
the first computing unit external to the vehicle is configured to transmit the diagnosis execution protocol to the in-vehicle computing unit of the vehicle;
the in-vehicle computing unit is configured to execute the diagnosis execution protocol, wherein the in-vehicle computing unit is configured to control the at least one vehicle component to check for correct functioning of the at least one vehicle component, and wherein a response behavior of the at least one vehicle component is captured automatedly by the in-vehicle computing unit or with manual assistance by a person supervising the production of the vehicle;
(at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e)
and
the in-vehicle computing unit is configured to output the captured response behavior to the first computing unit external to the vehicle external to the vehicle.
outputting the captured response behavior to the first computing unit external to the vehicle external to the vehicle or to a second computing unit external to the vehicle;
(at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h)
Chen does not explicitly teach:
vehicle in production;
However, this is an intended use that is of little patentable weight.
Even if we give this patentable weight, vehicle in production is old and well-known. Official notice is hereby taken that it would have been old and well-known, and obvious to one of ordinary skill in the art at the time of filing and at the time of the invention to modify the system and method of Chen with vehicle in production to analyze quality of components manufacturing processes, and/or retrieve and manage warranty information.
In addition and in the alternative, Lowrey et al. teaches:
vehicle in production (at least [0036]-[0042]) to analyze quality of components manufacturing processes, and/or retrieve and manage warranty information ([0036]-[0042]);
It would have been obvious to one of ordinary skill in the art at the time of filing and at the time of the invention to modify the system and method of Chen with vehicle in production taught by Lowrey et al. to analyze quality of components manufacturing processes, and/or retrieve and manage warranty information.
Regarding claim 13, Chen teaches:
wherein the in-vehicle computing unit is connected by wire or wirelessly to a common communication network with the first or second computing unit external to the vehicle and the in-vehicle computing unit exchanges information with the first or second computing unit external to the vehicle indirectly via a communication server (at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h; fig. 4 figs. 6-8 [0074]-[0095]);
Regarding claim 14, Chen teaches:
wherein the wireless communication employs Wi- Fi or mobile radio protocols (at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h; fig. 4 figs. 6-8 [0074]-[0095]);
Regarding claim 15, Chen teaches:
wherein the in-vehicle computing unit controls a manipulation machine external to the vehicle to perform at least one diagnostic step or to initiate measures if the correct functioning of the at least one vehicle component is disrupted (at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h; at least [0057] discussed “Once the higher level diagnostic data is received from the onboard computer 12 the diagnostic tool 10 may process the data and communicate the diagnosis to the user. One embodiment of the diagnostic tool 10 includes a display 26 and diagnostic indicators 28, such as emissions indicators, in electrical communication with the CPU 38. The tool 10 may additionally include a data logger 65 to allow the tool 10 to log data received from the computer 12”)
Regarding claim 17, Chen teaches:
at least one second computing unit external to the vehicle configured to receive or be controlled by information from the in-vehicle computing unit (at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h; fig. 4 figs. 6-8 [0074]-[0095]);
Regarding claim 18, Chen teaches:
a communication server configured to exchange information between the in- vehicle computing unit and the first computing unit external to the vehicle (at least figs. 3-5 [0038]-[0073] discussed diagnostic tool 10, onboard computer 12, discussed diagnostic tool 10 polls onboard computer 12 with initiation signals and different basic communication protocols to determine the basic communication protocol onboard computer is using; determine diagnostic protocol; basic communication protocols allow obtaining standard, or low level diagnostic data; diagnostic protocols allow communication with various components and functions; in particular [0040]-[0041] [0047]-[0049] [0054]-[0057] claim 1 step e; claim 1 steps f-h; fig. 4 figs. 6-8 [0074]-[0095]);
Allowable Subject Matter
Claims 11-12 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.
Conclusion
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BAO LONG T. NGUYEN
Examiner
Art Unit 3664
/BAO LONG T NGUYEN/ Primary Examiner, Art Unit 3656
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