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 11/12/2024 was filed before the first action on the merits of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because:
Regarding Claim 6 it recites a “computer program for causing…” as such claim 6 is claiming software per-se and does not fall within the four statutory categories.
This rejection can be overcome by amending the preamble to claim 6 to instead recite “a non-transitory computer readable medium with a stored computer program, the computer program for causing…”; grounds for such an amendment can be found in at least [0031] of the applicant’s specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding the independent claims they recite (as recited in claim 1):
“..the in vehicle device including:
a first processing unit configured to be …
a second processing unit configured to be …
…
the in-vehicle device further includes a connecting line,
the first signal line and the second processing unit are connected to each other by a connecting line, if the first processing unit has failed, the second processing unit outputs the third control signal via the connecting line and the first signal line, the connecting line is provided with a conversion unit configured to convert the third control signal into the first control signal…”
This renders the scope of protection unclear in that “a connecting line” is recited twice in the indefinite ( a / an ) form and then recited in the definite form later in the claim; thus it is unclear if the first two indefinite connecting lines are the same “connecting line” or different lines and further it then become unclear which of the two lines the definite ( the ) connecting lines are referring to.
From reading the applicant’s specification it will be assumed that the second indefinite ( “a”) connecting line is a typographical error and limitation was intended to be “the first signal line and the second processing unit are connected to each other by the connecting line”
Independent claims 6 and 7 recite similar limitations which cause the same antecedent issues in that they recite:
“…
The computer is provided with a connecting line,
The in-vehicle device further includes a connecting line,
The first signal line and the second processing unit are connected to each other by a connecting line…”
This language similarly renders claims 6 and 7 indefinite in that it is unclear if the three separate “a connecting line” are referencing the same connecting line or different lines.
From looking at the applicant’s specification and figures the various “a connecting line” of the claims will be understood to be referencing the same connecting line.
Allowable Subject Matter
Regarding claims 1 and 4-8, while rejected above under 112(b) (and 101 in the case of claim 7), no prior art was found to teach the subject matter of the independent claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding the independent claims no prior art was found to teach or render obvious the first and second processing units with the connecting line, control signals and their respective layout/functioning as recited in the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2015028581 A1;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MICHAEL DUNNE whose telephone number is (571)270-7392. The examiner can normally be reached Mon-Thurs 8:30-6:30.
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, Navid Z Mehdizadeh can be reached at (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH M DUNNE/Primary Examiner, Art Unit 3669
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