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 .
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 (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 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.
Claim(s) 1, 4-10, 13-14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US20170171051A1 (Joo).
Regarding claim 1, Joo discloses a communication control apparatus, comprising: a memory configured to store a program instruction ([0047] Computer program storage media);
and a processor configured, by executing the program instruction, to: transmit at least one data frame to a gateway control module according to a minimum separation time including a time interval for transmitting the at least one data frame ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin);
change the minimum separation time based on a communication load ratio ([quotient of two mathematical expressions or relationship in quantity, amount, or size between two or more things]) related to a delay of routing ([0030] calculating an average bus load . . . by dividing the added size of the messages by a maximum size of a message generable on the CAN bus during the unit time. The separation transmission period may be determined based on the calculated average bus load. [0123] routing delay interval may be dynamically changed . . . the routing delay interval cannot exceed the separation transmission period (STmin) [0116] the controller may transmit a flow control frame including a changed separation transmission period to the diagnostor);
and transmit the at least one data frame to the gateway control module according to the changed minimum separation time, wherein original data is divided into the at least one data frame ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin),
and wherein the gateway control module is configured to perform the routing ([0122] gateway 720 may route the received consecutive frames).
Regarding claim 4, Joo discloses wherein the processor is configured to determine the communication load ratio based on at least one of a number of times that routing of the at least one data frame is delayed, a time for which the routing of the at least one data frame is delayed, or any combination thereof, received from the gateway control module (([0123] when the CAN bus load is full . . . consecutive frame cannot be immediately routed . . . may delay routing of the second consecutive frame) [Fig. 7 ref. no. 720 vehicle gateway]).
Regarding claim 5, Joo discloses wherein the processor is configured to transmit the at least one data frame to the gateway control module based on at least one of the minimum separation time, a capacity of the at least one data frame, a number of the at least one data frame that is able to be transmitted at one time, a state of the communication control apparatus regarding whether transmission of the at least one data frame is possible, or any combination thereof ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin).
Regarding claim 6, Joo discloses wherein the processor is configured to transmit the at least one data frame to the gateway control module according to the minimum separation time of a controller area network (CAN) communication protocol ([0020] vehicle controller area network (CAN) communication network, includes calculating, by the controller, a reception time interval between a previously received CAN frame).
Regarding claim 7, Joo discloses wherein the processor is configured to change the minimum separation time based on a time taken for routing of the at least one data frame to be completed by the gateway control module ([Fig. 6 ref. no. S605 CAN_Time _Period <= CAN_Time_Processing]).
Regarding claim 8, Joo discloses a system ([0051] system) for controlling communication, the system comprising: a communication control apparatus configured to: transmit at least one data frame to a gateway control module according to a minimum separation time ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin);
and change the minimum separation time based on information about a delay, the gateway control module configured to: perform routing ([0123] routing delay interval may be dynamically changed . . . the routing delay interval cannot exceed the separation transmission period (STmin) [0116] the controller may transmit a flow control frame including a changed separation transmission period to the diagnostor [0122] gateway 720 may route the received consecutive frames);
and transmit the information about the delay to the communication control apparatus based on the delay occurring in routing of the at least one data frame, wherein original data is divided into the at least one data frame ([0120] transmit the calculated separation transmission time to the controller [0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin).
Regarding claim 9, Joo discloses wherein the gateway control module is configured to identify the information about the delay including at least one of a number of times that routing of the at least one data frame is delayed, a time for which the routing of the at least one data frame is delayed, or any combination thereof, based on the delay occurring in the routing of the at least one data frame ([0084] determine a separation transmission period of a mass diagnostic message [0124] estimate or determine a separation transmission time at which omitted message transmission).
Regarding claim 10, wherein the gateway control module is configured to repeatedly transmit the information about the delay to the communication control apparatus at a preset cycle until the routing of the at least one data frame included in the data is completed ([0014] STMin values applied to the conventional controller for vehicles have been preset [0016] separation transmission period [the completion of a cycle, a series of events, or a single action] [Fig. 5 Stmin_1, Stmin_2]).
Regarding claim 13, Joo discloses a target control module configured to receive the at least one data frame from the gateway control module ([Fig. 5 ref. no. 520 receiver ref. no. 510 sender]),
wherein the target control module is configured to transmit information about the minimum separation time according to requirements of the target control module to the communication control apparatus ([Fig. 5 ref. no. S506 second flow control frame [second separation transmission period(STmin_2)]]),
and wherein the communication control apparatus is configured to transmit the at least one data frame to the gateway control module based on the information about the minimum separation time ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin).
Regarding claim 14, Joo discloses a method of controlling communication, the method comprising: transmitting, by a processor, at least one data frame to a gateway control module according to a minimum separation time including a time interval for transmitting the at least one data frame ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin);
changing, by the processor, the minimum separation time based on a communication load ratio ([quotient of two mathematical expressions or relationship in quantity, amount, or size between two or more things]) related to a delay of routing ([0030] calculating an average bus load . . . by dividing the added size of the messages by a maximum size of a message generable on the CAN bus during the unit time. The separation transmission period may be determined based on the calculated average bus load. [0123] routing delay interval may be dynamically changed . . . the routing delay interval cannot exceed the separation transmission period (STmin) [0116] the controller may transmit a flow control frame including a changed separation transmission period to the diagnostor);
and transmitting, by the processor, the at least one data frame to the gateway control module according to the changed minimum separation time ([0121] transmit first to third consecutive frames generated based on the received flow control frame to the vehicle gateway 720 at intervals corresponding to STmin).
Regarding claim 17, the limitations of claim 17 are rejected in the analysis of claim 4 above and this claim is rejected on that basis.
Regarding claim 18, the limitations of claim 18 are rejected in the analysis of claim 5 above and this claim is rejected on that basis.
Regarding claim 19, the limitations of claim 19 are rejected in the analysis of claim 6 above and this claim is rejected on that basis.
Regarding claim 20, the limitations of claim 20 are rejected in the analysis of claim 7 above and this claim is rejected on that basis.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-3, 11, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20170171051A1 (Joo) in view of US20210081192A1 (Jeong).
Regarding claim 2, Joo teaches the limitations of claim 1. Joo teaches wherein the communication load ratio increases as at least one of a time for which the routing is delayed, a number of times that the routing is delayed, or any combination thereof increases ([0123] when the CAN bus load is full . . . consecutive frame cannot be immediately routed . . . may delay routing of the second consecutive frame),
and wherein the first threshold value is set to a value at which routing of the at least one data frame is determined to be delayed ([0123] when the CAN bus load is full . . . consecutive frame cannot be immediately routed . . . may delay routing of the second consecutive frame).
Joo does not explicitly teach wherein the processor is configured to increase the minimum separation time based on the communication load ratio exceeding a first threshold value.
However, in the same field of endeavor, Jeong teaches wherein the processor is configured to increase the minimum separation time based on the communication load ratio exceeding a first threshold value.
Jeong teaches wherein the processor is configured to increase the minimum separation time based on the communication load ratio ([quotient of two mathematical expressions or relationship in quantity, amount, or size between two or more things]) exceeding a first threshold value ([0084] sets the transmission period (STmin) to be longer . . . when the network load is heavy [Fig. 6 when the network load is heavy 1) set transmission period to be longer] [0014] determine whether the vehicle network load is greater than a threshold value [0070] network load determination device 142 senses the number of messages per unit time to determine the network load rate).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the transmission period of Joo per the threshold values of Jeong to allow the modified invention to perform memory dualization and differential OTA (over the air) software updates ([0046] Jeong).
Regarding claim 3, Joo and Jeong teach the limitations of claim 2.
Joo does not explicitly teach wherein the processor is configured to reduce the increased minimum separation time based on the communication load ratio being less than or equal to a second threshold value after increasing the minimum separation time, and wherein the second threshold value is set to a value equal to or less than the first threshold value.
Jeong teaches wherein the processor is configured to reduce the increased minimum separation time based on the communication load ratio ([quotient of two mathematical expressions or relationship in quantity, amount, or size between two or more things]) being less than or equal to a second threshold value after increasing the minimum separation time ([0084] sets the transmission period (STmin) to be shorter . . . when the network load is light [Fig. 7 when network load is light, 1) set transmission period to be shorter] [0015] When the network load of the vehicle is equal to or less than the threshold value, the processor may set the time interval between the consecutive frames to be shorter [0070] network load determination device 142 senses the number of messages per unit time to determine the network load rate),
and wherein the second threshold value is set to a value equal to or less than the first threshold value ([0102] first transmission rate setting when the present network load is greater than the threshold value (S506), and performs second transmission rate setting when the present network load is equal to or less than the threshold value (S507).).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the transmission period of Joo per the threshold values of Jeong to allow the modified invention to perform memory dualization and differential OTA (over the air) software updates ([0046] Jeong).
Regarding claim 11, Joo teaches the limitations of claim 8. Joo teaches wherein the communication control apparatus is configured to: determine a communication load ratio based on information about the delay of the routing ([0030] calculating an average bus load . . . by dividing the added size of the messages by a maximum size of a message generable on the CAN bus during the unit time. The separation transmission period may be determined based on the calculated average bus load.;
and wherein the first threshold value is set to a value at which routing of the at least one data frame is determined to be delayed ([0123] when the CAN bus load is full . . . consecutive frame cannot be immediately routed . . . may delay routing of the second consecutive frame).
Joo does not explicitly teach and increase the minimum separation time based on the communication load ratio exceeding a first threshold,
Jeong teaches and increase the minimum separation time based on the communication load ratio exceeding a first threshold ([quotient of two mathematical expressions or relationship in quantity, amount, or size between two or more things]) exceeding a first threshold value ([0084] sets the transmission period (STmin) to be longer . . . when the network load is heavy [Fig. 6 when the network load is heavy 1) set transmission period to be longer] [0014] determine whether the vehicle network load is greater than a threshold value [0070] network load determination device 142 senses the number of messages per unit time to determine the network load rate).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the transmission period of Joo per the threshold values of Jeong to allow the modified invention to perform memory dualization and differential OTA (over the air) software updates ([0046] Jeong).
Regarding claim 15, the limitations of claim 15 are rejected in the analysis of claim 2 above and this claim is rejected on that basis.
Regarding claim 16, the limitations of claim 16 are rejected in the analysis of claim 3 above and this claim is rejected on that basis.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20170171051A1 (Joo) in view of US20220182408A1 (Jung)
Regarding claim 12, Joo teaches the limitations of claim 8.
Joo does not explicitly teach a target control module configured to receive the at least one data frame from the gateway control module, wherein the gateway control module is configured to: transmit a disable normal message transmission (DNMT) message for deactivating normal transmission of a message to the target control module; or transmit an enable normal message transmission (ENMT) message for activating normal transmission of the message to the target control module.
However, in the same field of endeavor, Jung teaches a target control module configured to receive the at least one data frame from the gateway control module, wherein the gateway control module is configured to: transmit a disable normal message transmission (DNMT) message for deactivating normal transmission of a message to the target control module; or transmit an enable normal message transmission (ENMT) message for activating normal transmission of the message to the target control module.
Jung teaches a target control module configured to receive the at least one data frame from the gateway control module, wherein the gateway control module is configured to: transmit a disable normal message transmission (DNMT) message for deactivating normal transmission of a message to the target control module; or transmit an enable normal message transmission (ENMT) message for activating normal transmission of the message to the target control module ([0045] disable normal message transmission (DNMT) monitoring mode [0048] transmitting a communication control command (a general message transmission stop command) . . . DNMT monitoring mode [0060] transmitting the general message, for example . . . the gateway 100 may transition from the normal monitoring mode to a DNMT monitoring mode).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the transmission period of Joo per the communication control command of Jung to allow the modified invention to detect and block malicious behavior which occurs on an in-vehicle network in a diagnostic reprogramming situation ([0006] Jung).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Beamon whose telephone number is (571) 272-5443. The examiner can normally be reached on Mon-Fri from 9:00am to 4:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton Burgess, can be reached at telephone number (571) 272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/NOAH BEAMON/Examiner, Art Unit 2454
/GLENTON B BURGESS/Supervisory Patent Examiner, Art Unit 2454
Prosecution Insights