CTNF 18/943,313 CTNF 80544 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 06-52 The information disclosure statement (IDS) submitted on 11/11/24, 4/16/25, 6/25/25, 10/15/2025. 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 § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1, 3-5, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al (us 2022/0291919) (hereinafter Nak) in view of Choi (us 2017/0123782), and further in view of Puente Pestana et al (us 2024/0195921) (hereinafter Puente) . in-vehicle communication device transmitting, to an in-vehicle electronic control unit, push data in response to receiving the push data from a push server, the push server transmitting, to the in-vehicle communication device, the push data (see Nak 0023, 0027, TCU communicates with server, performs transmission and reception of data with the server and relay this data to the ECU) ; a notification monitoring unit monitoring notification of startup request transmitted from the push server (see Nak 0027,0043-0045, TCU receives start up request from server, and command from server and relay the command to the ECU) . Nak is silent in regard to the concept of using a first communication method, wherein the first communication method requires a lower standby power consumption than a second communication method; and a reception control unit receiving the push data transmitted from the push server using the second communication method, wherein the second communication method allows a longer data length of push data than the first communication method. Choi teaches the concept of using a first communication method, wherein the first communication method requires a lower standby power consumption than a second communication method (see Choi 0208-0218, receives updates notification from the server in the standby mode which require less power consumption) ; and a reception control unit receiving the push data transmitted from the push server using the second communication method, wherein the second communication method allows a longer data length of push data than the first communication method (see Choi 0208- 0218, the actual data send from the server to the vehicle in when the vehicle in the active mode where the active mode allow the vehicle to use full power has the capacity to receive the actual data, also see Choi 0235-0238) . It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Choi to Nak because they're analogous art. A person would have been motivated to modify Nak with Choi’s teaching for the purpose of conveniently and efficiently communicating data to the vehicle. The combination of Nak-Choi is silent in regard to the concept of the push server transmitting, the push data in response to reception of a transmission request of the push data from an application server. Puente teaches the concept of the push server transmitting, the push data in response to reception of a transmission request of the push data from an application server (see Puente 0152-0154, application server send request to transmit data to the second application server which is also a push server, which in turn send the push notification to the user equipment) . It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Puente to Nak-Choi because they're analogous art. A person would have been motivated to modify Nak-Choi with Puente’s teaching for the purpose of efficiently handling notification to the device. As regarding claim 3, Nak-Choi-Puente discloses the notification monitoring unit establishes a connection with the push server using the first communication method and disconnects a connection that has been established with the push server using the second communication method, thereby monitoring the notification of startup request transmitted from the push server using the first communication method (see Choi 0208-0218, communicate in standby mode where less power is available and disconnect from the server…the actual data send from the server to the vehicle in when the vehicle in the active mode where the active mode allow the vehicle to use full power has the capacity to receive the actual data, also see Choi 0235-0238) . The same motivation was utilized in claim 1 applied equally well to claim 3. As regarding claim 4, Nak-Choi-Puente discloses the notification monitoring unit establishes the connection with the push server using the first communication method and disconnects the connection that has been established with the push server using the second communication method when a suppression condition of standby power consumption is satisfied (see Choi 0208-0218, communicate in standby mode where less power is available and disconnect from the server…, switch from standby mode to active mode, the actual data send from the server to the vehicle in when the vehicle in the active mode where the active mode allow the vehicle to use full power has the capacity to receive the actual data, also see Choi 0235-0238) . The same motivation was utilized in claim 1 applied equally well to claim 4. As regarding claim 5, Nak-Choi-Puente discloses 5. a push server transmitting push data to an in-vehicle communication device upon receiving a transmission request of the push data from an application server (see Puente 0152-0154, application server send request to transmit data to the second application server which is also a push server, which in turn send the push notification to the user equipment) , the push server comprising: a notification control unit notifying the in-vehicle communication device of a startup request (see Nak 0027,0043-0045, TCU receives start up request from server, and command from server and relay the command to the ECU) using a first communication method, wherein the first communication method requires a lower standby power consumption of the in-vehicle communication device than a second communication method (see Choi 0208-0218, receives updates notification from the server in the standby mode which require less power consumption, the active mode has more power and communication speed in order to download the actual data) ; and a transmission control unit transmitting the push data to the in-vehicle communication device using the second communication method, wherein the second communication method allows a longer data length of push data to be transmitted to the in-vehicle communication device than the first communication method (see Choi 0208-0218, receives updates notification from the server in the standby mode which require less power consumption, the active mode has more power and communication speed in order to download the actual data) . The same motivation was utilized in claim 1 applied equally well to claim 5. As regarding claim 8, the limitations of claim 8 are similar to limitations of rejected claims 1,5 above, therefore rejected for the same rationale . 07-22-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Nak-Choi-Puente as applied to claim 1 above and further in view of Sano et al (us 2019/0349651) (hereinafter Sano) . As regarding claim 2, Nak-Choi-Puente discloses the invention as claims in claim 1 above but silent in regard to the concept of the notification monitoring unit transmits, to the push server, notification monitoring information in association with device identification information, the notification monitoring information indicates whether monitoring of the startup request transmitted from the push server is performed using the first communication method or the second communication method, and the device identification information enables identifying of the in-vehicle communication device. Sano teaches the concept of the notification monitoring unit transmits, to the push server, notification monitoring information in association with device identification information, the notification monitoring information indicates whether monitoring of the startup request transmitted from the push server is performed using the first communication method or the second communication method, and the device identification information enables identifying of the in-vehicle communication device (see Sano 0036-0037,0043, after the vehicle is activated, the vehicle sends activation notification access to server and the vehicle also send the vehicle ID to the server). It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Sano to Nak-Choi-Puene because they're analogous art. A person would have been motivated to modify Nak-Choi-Puente with Sano’s teaching for the purpose of efficiently verifying the vehicle . 07-22-aia AIA Claim s 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nak-Choi-Puente as applied to claim 5 above and further in view of Matli (us 20230104026) . As regarding claim 6, Nak-Choi-Puente discloses the invention as claims in claim 5 above but silent in regard to the concept of a retry count determination unit determining the number of retries by which the push server has notified the in-vehicle communication device of the startup request; and an elapsed period determination unit determining an elapsed period since the startup request is notified to the in-vehicle communication device, wherein, when the notification control unit determines that the number of retries, by which the push server notified the in-vehicle communication device of the startup request, does not reach a predetermined number and determines that the elapsed period since the startup request is notified to the in-vehicle communication device reaches a predetermined period, the notification control unit retries notifying the in-vehicle communication device of the startup request using the first communication method (see Matli 0087-0088, a predetermined period of time without receiving a confirmation message, retry the notification, reties continue for predetermined of times up to the predetermined number of times, and within a predetermined time period, retry the sending of the notification, it is obvious that the sever before sending another notification, the server check if the max predetermined number of notification has reached and if it within a predetermined time) . It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Matli to Nak-Choi-Puene because they're analogous art. A person would have been motivated to modify Nak-Choi-Puente with Matli’s teaching for the purpose of efficiently managing of sending notification message to the device. As regarding claim 7, Nak-Choi-Puente-Matli discloses a transmission failure notification unit notifying the application server of a transmission failure notification, which indicates a failure in transmission of the push data, in response to determining that the number of retries, by which the push server notified the in-vehicle communication device of the startup request, reaches the predetermined number (see Matli 0087-0088, a predetermined period of time without receiving a confirmation message, retry the notification, reties continue for predetermined of times up to the predetermined number of times, and within a predetermined time period, retry the sending of the notification, after a predetermined number of retries…failure notification). The same motivation was utilized in claim 6 applied equally well to claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUYEN MY DOAN whose telephone number is (571)272-4226. The examiner can normally be reached (571)272-4226. 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, Tonia Dollinger can be reached at (571)272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DUYEN M DOAN/Primary Examiner, Art Unit 2459 Application/Control Number: 18/943,313 Page 2 Art Unit: 2459 Application/Control Number: 18/943,313 Page 3 Art Unit: 2459 Application/Control Number: 18/943,313 Page 4 Art Unit: 2459 Application/Control Number: 18/943,313 Page 5 Art Unit: 2459 Application/Control Number: 18/943,313 Page 6 Art Unit: 2459 Application/Control Number: 18/943,313 Page 7 Art Unit: 2459 Application/Control Number: 18/943,313 Page 8 Art Unit: 2459 Application/Control Number: 18/943,313 Page 9 Art Unit: 2459 Application/Control Number: 18/943,313 Page 10 Art Unit: 2459
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