CTNF 19/006,593 CTNF 71563 DETAILED ACTION 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. Examiner finds no 35 USC 101 rejections in the current claim language. Examiner finds no credible double patenting rejections in the current claim language. Double Patenting Considerations: U.S. Pat. No. 12,506,723: The claim language of related patent ‘098 (same assignee and one common inventor) does not disclose the “ the processing unit performs processing to enable a communication packet, containing more than the predetermined number of the messages , to be transferred by the transfer unit ” (and other detailed steps), as seen in the independent claim language of the present Application. Therefore, there are no double patenting rejections in the current Application with regard to ‘723. Claim Objections Claims 1 – 8 are objected to because of the following informalities: 07-34-05 AIA Claim 1 recites the limitation " at least one communication packet " in lines 14-15 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the at least one communication packet”; 07-34-05 AIA Claim 3 recites the limitation " at least one communication packet " in line 5 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the at least one communication packet”; 07-34-05 AIA Claim 8 recites the limitation " at least one communication packet " in lines 3-4 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the at least one communication packet”; 07-34-05 AIA Claim 8 recites the limitation " at least one communication packet " in lines 4-5 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the at least one communication packet”; 07-34-05 AIA Claim 1 recites the limitation " a communication packet " in line 17 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the communication packet” or “a second communication packet”; 07-34-05 AIA Claim 1 recites the limitation " a communication packet " in lines 20-21 . There is insufficient antecedent basis for this limitation in the claim. Examiner recommends the language “the communication packet” or “a third communication packet”. The remaining instances of “a communication packet” (claims 2 – 7) should be appropriately modified in order to clarify the claim language. Examiner recommends a thorough review of the claim language in order to correct other possible antecedent basis concerns. Claim Rejections - 35 USC § 103 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kishikawa et al. (U.S. Pat. Pub. No. 2021/0314336) (Unauthorized Frame Detecction Device and Unauthorized Frame Detection Method) in view of Schmidt et al. (U.S. Pat. Pub. No. 2023/0254327) (Method for Monitoring a Data Network in a Motor Vehicle, and Switch Device, and Motor Vehicle) . 1.1 Regarding claim 1, Kishikawa disclose a vehicle control system mounted on a vehicle, comprising: a transfer unit that is connected to a first control device group connected to a first communication network and a second control device group connected to a second communication network different from the first communication network, and that transfers at least one communication packet including at least one message between communication networks including the first communication network and the second communication network (Fig. 1; paragraph 48 “ FIG. 1 illustrates an overall configuration of in-vehicle network system 1 according to Embodiment 1. In-vehicle network system 1 is provided in a vehicle and includes a plurality of ECUs and a plurality of networks. The plurality of networks include, for example, an Ethernet and a CAN ”); and a processing unit that processes a communication packet containing more than a predetermined number of messages, the communication packet being included in at least one communication packet received by the transfer unit from the communication networks (Fig. 1; paragraph 48 “ FIG. 1 illustrates an overall configuration of in-vehicle network system 1 according to Embodiment 1. In-vehicle network system 1 is provided in a vehicle and includes a plurality of ECUs and a plurality of networks. The plurality of networks include, for example, an Ethernet and a CAN ”), wherein the transfer unit transfers a communication packet containing the predetermined number or less of the message or messages (Figs. 1, 9; paragraph 75). However, Kishikawa do not explicitly disclose the detection of an attack by judging the number of communication packets. Kishikawa do ameliorate an attack by discarding messages (paragraphs 113, 139, 140). Kishikawa do not disclose a processing unit performs processing to enable a communication packet, containing more than the predetermined number of the messages, to be transferred by the transfer unit. In the same field of invention (monitoring a vehicle network in order to mitigate an attack), Schmidt explicitly disclose the detection of an attack by judging the number of communication packets that enables a communication packet, containing more than the predetermined number of the messages, to be transferred by the transfer unit (paragraph 18 “ it can be recognized if the number of the data packets and/or a transmission rate exceed a threshold value for a certain data pattern . Since the associated data packet, which has triggered exceedance of the threshold value, can additionally also be contained in the final result data, a conclusion about the transmitter can be drawn, thus a manipulated or defective control device can be recognized, or it can be recognized that a sender address is used, which does not belong to a delivery-side control device of the motor vehicle, but to a device additionally connected to the data network ”). It would have been obvious to one of ordinary skill in the art at the time of filing to implement the number of data packets monitoring device of Schmidt in the invention of Kishikawa in order to lessen the possibility of discarding important information when mitigating an attack. 1.2 Regarding claim 8, Kishikawa disclose the vehicle control system according to claim 1, wherein the transfer unit determines whether or not to permit transfer of each of at least one communication packet that is included in at least one communication packet received from the communication networks and that contains the predetermined number or less of message or messages, and the transfer unit then transfers the communication packet permitted to be transferred (Figs. 1, 9; paragraph 75) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2 – 7 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. For future email communications (including interview agendas), Applicant should file the appropriate PTO form ( PTO/SB/439 ) or file an air interview request. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH R COULTER whose telephone number is (571)272-3879. The examiner can normally be reached M-F, 9am-5pm (EST) . 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, Oscar Louie can be reached at M-H, 7:30am-2:30pm (EST) (571-270-1684) . 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KENNETH R COULTER/Primary Examiner, Art Unit 2445 /KRC/ Application/Control Number: 19/006,593 Page 2 Art Unit: 2445 Application/Control Number: 19/006,593 Page 3 Art Unit: 2445 Application/Control Number: 19/006,593 Page 4 Art Unit: 2445 Application/Control Number: 19/006,593 Page 5 Art Unit: 2445 Application/Control Number: 19/006,593 Page 6 Art Unit: 2445 Application/Control Number: 19/006,593 Page 7 Art Unit: 2445
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