UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/991,836
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`05/29/2018
`
`NAOKI HAYASHI
`
`731056.411C1
`
`3668
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`ALUNKAL' THOMAS D
`
`ART UNIT
`
`2688
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/21/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
`
`Application No.
`15/991,836
`Examiner
`THOMAS D ALUNKAL
`
`Applicant(s)
`HAYASHI, NAOKI
`Art Unit
`AIA Status
`2688
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 5/29/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 5/29/2018 is/are: a). accepted or b)E] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)D Some”
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190215
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`

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`Application/Control Number: 15/991,836
`Art Unit: 2688
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Priority
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of 35 U.S.C.112(b):
`(b) CONCLUSION—The s pecification shall conclude with one or more claims particularly pointing out
`a nd distinctly cl aimingthe s ubject matter which the inve ntor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The s pecification s hall conclude with one or more claims particularly pointingout a nd distinctly
`cl a imingthe su bject matter which the applicant regards as his i nvention.
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`Claims 1-5 are rejected under 35 U.S.C.112(b) or 35 U.S.C.112(pre-A|A), second paragraph, as
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`being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventor or ajoint inventor, or for pre-AIA the applicant regardsas the invention.
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`Regarding claim 1, this claim recites”An on-vehicle device comprising: a communication unit
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`capable of executing communication using a first communication scheme; a tra nsmitterthat transmits a
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`request signal and a measurement signal to a mobile device, using a second communication scheme
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`different from the first communication scheme of the communication unit; and a receiver that receives
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`a response signal from the mobile device that has received the request signal and the measurement
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`signal transmitted from the transmitter, wherein the transmitter changes a number of times of
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`transmission of the measurement signal transmitted subsequently to the request signal based on
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`whether or not the communication of the communication unit is in a connected state." The claim
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`

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`Application/Control Number: 15/991,836
`Art Unit: 2688
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`Page 3
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`requires changing a frequency oftransmission ofthe measurement signal based on whether or not the
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`communication of the communication unit is in a connected state. However, it is unclear from the
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`language and the context of the claim with what specific unit/device the communication unit is in
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`connection with. More specifically, the overall communication structure ofthe on-vehicle device
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`remains unclear. Figure 3 of the applicant’sspecification illustrates and describes a vehicle wireless
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`communication system ofthe invention. The system includes a vehicle (including the on-vehicle device),
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`a mobile device and a wireless terminal device. Claim 1 does not include specifics as to which
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`unit/device the connection state of the communication unit is monitored to be in connection with.
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`Therefore, the overall operational structure of the on-vehicle device and corresponding operating
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`system remains unclear. The examiner suggests amending the claim to clearly recite which unit/device
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`in the system receives communication from the communication unit in the first communication scheme
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`when in a connected state.
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`Regarding claim 4, this claim recites”A mobile device comprising: a receiver that receives a
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`request signal and a measurement signal from an on-vehicle device, using a second communication
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`scheme different from a first communication scheme; and a transmitterthattransmitsa response signal
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`to the on-vehicle device when the receiver receives the request signal and the measurement signal,
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`wherein the receiver changes a number of times of reception of the measurement signal received
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`subsequently to the request signal based on whether or not communication of the on-vehicle device
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`using the first communication scheme is in a connected state." The claim requires cha nging a
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`frequency of reception ofthe measurement signal based on whether or not the communication ofthe
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`on-vehicle device is in a connected state. However, it is unclear from the language and the context of
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`the claim with what specific unit/device the on-vehicle device is in connection with. More specifically,
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`the overall communication structure ofthe on-vehicle device remains unclear. Figure 3 ofthe
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`applica nt's specification illustrates and describes a vehicle wireless communication system of the
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`

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`Application/Control Number: 15/991,836
`Art Unit: 2688
`
`Page4
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`invention. The system includes a vehicle (including the on-vehicle device), a mobile device and a
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`wireless terminal device. Claim 4 does not include specifics as to which unit/device the connection state
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`of the on-vehicle device is monitored to be in connection with. Therefore, the overall operational
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`structure of the on-vehicle device, mobile device and corresponding operating system remains unclear.
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`The examiner suggests a mending the claim to clearly recite which unit/device in the system receives
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`communication from the on-vehicle device in the first communication scheme when in a connected
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`state.
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`Regarding claim 5, this claim recites ”A vehicle wireless communication system comprising:
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`an on-vehicle device that is capable of executing communication using a first communication scheme
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`and transmits a request signal and a measurement signal using a second communication scheme
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`different, from the first communication scheme; a mobile device that transmits a response signal to the
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`on-vehicle device when receiving the request signal and the measurement signal, wherein the on-
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`vehicle device changes a number of times of transmission of the measurement signal transmitted
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`subsequently to the request signal based on whether or not the communication according to the first,
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`communication scheme is in a connectedstate." The claim requires changing a frequency of
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`transmission of the measurement signal based on whether or not the communication of the on-vehicle
`
`device is in a connected state. However, it is unclear from the language and the context ofthe claim
`
`with what specific unit/device the on-vehicle device is in connection with. More specifically, the overall
`
`communication structure ofthe on-vehicle device remains unclear. Figure 3 ofthe applica nt's
`
`specification illustratesand describes a vehicle wireless communication system ofthe invention. The
`
`system includes a vehicle (including the on-vehicle device), a mobile device and a wireless terminal
`
`device. Claim 5 does not include specifics as to which unit/device the connection state ofthe on-vehicle
`
`device is monitored to be in connection with. Therefore, the overall operational structure of t he on-
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`vehicle device, mobile device and corresponding operating system remains unclear. The examiner
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`

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`Application/Control Number: 15/991,836
`Art Unit: 2688
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`Page 5
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`suggests amending the claim to clearly recite which unit/device in the system receives communication
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`from the on-vehicle device in the first communication scheme when in a connected state.
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`Dependent claims 2-3, inclusive of all the limitations of claim 1, are rejected with their base
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`claim.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to THOMAS DALUNKAL whose telephone number is (571)270-1127. The examiner
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`can normally be reached on M-F Qam-Spm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`Ifattemptsto reach the examiner by telephone are unsuccessful, the examiner'ssupervisor,
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`WayneYoung can be reached on 571-272-7582. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 15/991,836
`Art Unit: 2688
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`Page 6
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`
`/THOMAS D ALUNKAL/
`
`Primary Examiner, Art Unit 2688
`
`