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(s) (IDS) submitted on 05/09/2025 was filed before the mailing date of this office action. 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a detection log reception unit”, “a liveness monitoring log reception unit”, “a liveness monitoring function detection log generation unit” and “an output unit” in claims 1 and 21, and “a reception unit” and “an event occurrence determination unit” in claim 21.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim limitation (claim 1) “A log management device comprising: a detection log reception unit configured to receive a detection log indicating a detection result of a security sensor of an electronic control unit mounted on a vehicle; a liveness monitoring log reception unit configured to receive a liveness monitoring log indicating that the security sensor is operating; a liveness monitoring function detection log generation unit configured to generate a liveness monitoring function detection log indicating an operation start and an operation stop of the security sensor based on a reception status of the liveness monitoring log; and an output unit configured to output the liveness monitoring function detection log and the detection log received during a first period.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraph [0041] of the Specification discloses, “The control unit 104 implements a liveness monitoring function detection log generation unit 105, a threat detection unit 106, and an output target determination unit 107 through hardware and/or software.”, without clearly disclosing any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected, together with the dependent claims 2-18, under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph as being indefinite. Claim 21 recites substantially the same limitations as in claim 1 in the form of a system implementing the corresponding functionality. Therefore, it is rejected by the same rationale.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) 1, 19, 20 and 21 recite(s) “receiving a detection log indicating a detection result of a security sensor of an electronic control unit mounted on a vehicle; receiving a liveness monitoring log indicating that the security sensor is operating; generating a liveness monitoring function detection log indicating an operation start and an operation stop of the security sensor based on a reception status of the liveness monitoring log; and outputting the liveness monitoring function detection log and the detection log received during a first period.”. The step of “generating” of a liveness monitoring function detection log falls within the mental process groupings of abstract ideas because it covers concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
This judicial exception is not integrated into a practical application, because claims 1, 19, 20 and 21 do not recite any additional limitations that reflect an improvement to the functioning of a computer, or an improvement to another technology or technical field. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims recite the additional elements of “receiving a detection log”, “receiving a liveness monitoring log” and “outputting the liveness monitoring function detection log and the detection log received”. The limitations “receiving a detection log”, “receiving a liveness monitoring log” and “outputting the liveness monitoring function detection log and the detection log received” are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05. Claim 20 further recites a generic computer component (i.e., “non-transitory computer readable storage medium”), that when considered individually or in combination with the above abstract idea, does not recite significantly more than the abstract idea itself. The recitation of the “A non-transitory computer readable storage medium storing a log management program executable by a log management device, …” of claim 20 is equivalent to components for merely storing (and retrieving) information in memory, which is recognized as being a well-understood, routine, and conventional computer function (Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F. 3d at 1363, 115 USPQ2d at 1092-93). The Examiner also takes Official Notice regarding the recited “A non-transitory computer readable storage medium” as being well-known and conventional in the art. Thus, the claim does not integrate the recited judicial exception element into a practical application, and the claim is directed to the judicial exception.
The dependent claims which further limit claim 1 also fail to recite any further limitations that would either integrate the above identified abstract idea into practical application and fail to recite anything which would constitute as significantly more than the abstract idea itself. Thus, these claims are also rejected for the same reasons as applied to claim 1 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Murakami et al. (US 2023/0007034 A1)- disclosed an attack analyzer mounted on a vehicle for detecting and analyzing an attack on an electronic system.
Maeda et al. (US 20100023207 A1)- disclosed a vehicle information recording system has an ECU to detect an abnormal event that occurs on the vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHIAS HABTEGEORGIS whose telephone number is (571)272-1916. The examiner can normally be reached M-F 8am-5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William R. Korzuch can be reached at (571)272-7589. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHIAS HABTEGEORGIS/Examiner, Art Unit 2491
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