DETAILED ACTION
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 .
Claims 1, 3, 5, 6, 8, 10, 11 are pending in this office action.
Claims 1,6,10 and 11 are amended.
Claims 2, 4, 7 and 9 are cancelled.
Response to Arguments
Applicant's arguments 01/29/2026 have been fully considered but they are not persuasive.
Applicant’s argument:
The claims require that the center processors, not the vehicle, acquire the display device information and perform the display determination. The passages cited in the Office Action describe only vehicle-side actions, such as analyzing a campaign file or presenting content on the vehicle display. Nothing in the Office Action identifies any disclosure in Sakurai where the center acquires information on the display device of the vehicle or determines whether update information is displayable on the vehicle display based on such information. Because these steps are expressly required by the independent claims and remain missing in Sakurai, the rejection is unsupported..
Examiner response:
Sakurai uses a campaign to notify the vehicle via display 7 of the existence of an update:
[0095] “The campaign information corresponds to the distribution specification data described above, and mainly includes information relating to updated contents to be displayed by the vehicle system 4. The campaign distribution unit 215 distributes the campaign information to the vehicle. “;
[0166] “The campaign file contains texts describing the contents of the campaign, restrictions when executing program update, and the like.”;
As the campaign is received, it is displayed on the display 7 of the vehicle:
[0166]” The master device 11 acquires a campaign file corresponding to the campaign ID from the center apparatus 3 using the notified campaign ID as a key (D9)”;
[0167]” the master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. “
From the display 7, the user can determine that this is an update for vehicle/ECU and approve/deny the update:
[0167] “The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12. ”
Above what acquired by the center CGN 13, is what displayed in vehicle 4. The display includes information informing the user to accept/deny the update.
So in the case that the vehicle is out of reach: nothing is displayed on the vehicle, but instead it displayed on the terminal(phone): [0172] and [0209].
NB: AGAIN The examiner requests the applicant’s representative for an examiner interview before response to this office action.
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.
Claims 1, 3, 5, 6, 8, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurai et al (US 20200183676A1) hereinafter “Sakurai” in view of Mezaael et al (US20210072968A1) hereinafter “Mezaael”.
As per claim 1, Sakurai discloses a system comprising:
a vehicle including an electronic control unit:
[0005] “The vehicle apparatus is mounted in a vehicle and includes a group of electronic control units (ECUs) and a vehicle computer”.
a center configured to control software update for the electronic control unit:
[0005] “The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB: and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.,
and an information terminal associated with the vehicle:
[0040]”The display terminal 5 has a function of displaying various screens and a function of receiving a user's operation. For example, the display terminal 5 may include a portable terminal 6 portable by a user and an in-vehicle display 7 arranged in a vehicle cabin.”
wherein the vehicle includes: a display device:
[0041] “If the user is in the vehicle, the user can perform, with the in-vehicle display 7, input operations while confirming various screens involved in the rewriting of the application program of the vehicle and can perform a procedure involved in the rewriting of the application program of the vehicle”;
and one or more processors configured to communicate with the center:
[0043] “The file server 8 can perform data communication with the vehicle system 4 via the communication network 2.”;
and wherein the center includes one or more processor configured to:
[0083] The center communicator 330 is a communication device communicable with the DCM 12 and the portable terminal 6 via the communication network 2. Using the center communicator 330, the center computer 310 can communicate with the DCM 12 and the portable terminal 6 via the wireless communications”;
acquire from the vehicle information on the display device including information indicating whether or not update information related to the software update is displayable on the display device of the vehicle; determine whether the update information related to the software update is displayable on the display device of the vehicle based on the information on the display device;
[0166]”The master device 11 acquires a campaign file corresponding to the campaign ID from the center apparatus 3 using the notified campaign ID as a key (D9). Via the wireless communications, the center computer 310 sends the campaign file from the center communicator 330 to the vehicle system 4 in response to a campaign file acquisition request from the vehicle system 4 (D32). The campaign file contains texts describing the contents of the campaign, restrictions when executing program update, and the like.
[0167] For example, the restrictions include a remaining battery level, a free space of the RAM necessary for downloading the distribution package, the current position of the vehicle, and the like. The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12.
[0204] “Therefore, by referring to the texts displayed on the in-vehicle display 7, the user can recognize that the data update is necessary”;
[0198]”In the case of the CV, the SMS sending control unit 212 sends an SMS including display contents for the in-vehicle display 7 to the vehicle in which the SMS is receivable due to the DCM 12 having an intermittent in-operation state (see E4 of FIG. 25 as well as FIG. 26). For example, when the IG switch is turned on, the CGW 13 instructs the in-vehicle display 7 to display the texts described in the received SMS”;
transmit the update information to the information terminal, when it is determined that the update information is not displayable on the display device of the vehicle:
[0172] “At D8, in addition to or in place of notifying the vehicle system 4 that a software update is available by, for example, sending the campaign ID, the center computer 310 may notify the portable terminal 6 that the software update is available”;
[0209] “ For example, it is assumed that the user will not get on the vehicle and will not turn on the IG switch for about one month. As shown in FIG. 27, with the portable terminal 6, the user may send his setting of the campaign notification destination and the campaign notification date and time to the center apparatus 3. For example, the user setting may request that the campaign information should be sent to the portable terminal 6 one month later. The individual vehicle information management unit 3C accordingly stores the notification destination and the notification date and time in the individual vehicle information DB 213, and notifies the user according to the setting. For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
See also [0210] for sending notification to portable device because vehicle cannot be reached.
and cause the vehicle to display the notification on the display device:
[0167]” The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12. When the center computer 310 receives the update approval, the center computer 310 sends the distribution package file having the package ID corresponding to the campaign ID to the vehicle system 4 together with the integrity verification data (D10).…..”;
receive an update acceptance notification from the information terminal or the vehicle indicating that the user or administrator has approved the software update:
[0217] In a fifth aspect of the present disclosure, the center computer is further configured to, when both the first and second determinations are true and prior to sending the software update data to the vehicle apparatus: notify at least one of the vehicle apparatus or a user portable terminal that a software update is available; and after receiving an update approval from the vehicle apparatus or the user portable device, send the software update data to the vehicle apparatus via the wireless communications”.
and control a software update process for the electronic control unit based on the update acceptance notification, wherein the software update process includes downloading, installing, and activating the software update:
[0172] “In this case, the processing prior to the sending of the distribution package file and the integrity verification data from the center apparatus 3 to the vehicle system 4 may be as follows. The portable terminal 6 having received the campaign ID acquires a campaign file from the center apparatus 3 (D32). Then, when the user refers to the contents of the campaign file and inputs the update approval via the HMI of the portable terminal 6 (YES at D33), the portable terminal 6 notifies the center apparatus 3 about the update approval. Then, the center computer 310 sends the distribution package file and the integrity verification data to the vehicle system 4 (010)”;
[0137]“As described later in more details, the center apparatus 3 make comparison between digest values (hash values) to determine whether to update the individual vehicle information DB 213. The center apparatus 3 checks whether the program update exists for the vehicle. When the program update exists for the vehicle, the center apparatus 3 notifies the vehicle system 4 of the campaign information indicating that the update is available. Thereafter, the vehicle system 4 downloads the distribution package, performs software installation to the update target ECU 19, and activates the new program.
But not explicitly:
after transmitting the update information to the information terminal, transmit, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
Mezaael discloses:
after transmitting the update information to the information terminal:
[0054] “ The mobile device 130b can have information indicating that an update for a vehicle profile package is available. As is disclosed herein, the mobile device 130b may have received an update notification from a vehicle or another mobile device in the network 110.”
transmit, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification:
[0055] The mobile device 130b can send an update notification to the out-of-network vehicle 410 by means of the update unit 140, using a communication unit integrated in to the mobile device 130b and wireless links 434. The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update.“
[0057]“The vehicle update module 156, or a component therein, can access such data. Using the accessed information, the mobile device 130c can determine that the out-of-network vehicle 430 is available to handle a copy of an updated version of a vehicle profile package. Accordingly, the mobile device 130c can communicate (e.g., broadcast) a notification that the out-of-network vehicle 430 is available to handle the copy of the updated version of a vehicle profile package; The notification can be communicated to other mobile devices and/or vehicles within the network 110, via the communication media 115”; See also [Fig.4 and 0056 and 0058] for handling message about who/where the update is available”;
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
[0055] “The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update
…..
In either configuration, accepting the update can cause the out-of-network vehicle 410 to send a response message requesting the update from the mobile device. The mobile device 130b can receive the response message and, in turn, can send a locked copy of an update version of the vehicle profile package”;
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Mezaael into teachings of Sakurai to confirm that data received through wireless communication, as being data transmitted to the vehicle control apparatus for rewrite process.
Furthermore, update condition of the control program in the vehicle-mounted control apparatus is grasped efficiently by exchanging broadcast messages that allow reception of the update package from nearby-devices.[ Mezaael 0044 ].
As per claim 3, the rejection of claim 1 is incorporated and furthermore Sakurai and Mezaael disclose:
wherein the vehicle further includes a switch configured to instruct the center to retransmit update the information to the information terminal:
Sakurai [0205] “When the destination address of the portable terminal 6 of the user is stored in the individual vehicle information DB 213, the center apparatus 3 sends a message including texts displayable on the portable terminal 6 to the portable terminal 6. This enables the use to recognize that the data update is necessary by checking the texts displayed on the portable terminal 6 even if there is no opportunity to get on the vehicle.”;
Sakurai [0209] “ For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
As per claim 5, the rejection of claim 1 is incorporated and furthermore Sakurai and Mezaael disclose:
the one or more processors of the vehicle are further configured to transmit device information related to the display device to the center:
Sakurai [0142] “At D25, the master device 11 sends the vehicle generated hash value together with the VIN to the center apparatus 3 via the wireless communications. At this time, the master device 11 sends the license information stored in the flash memory 24d to the center apparatus 3 together with the vehicle generated hash value.’;
Sakurai [0181] “The center apparatus 3 can quickly notify the approved vehicle about the available update by, upon receiving the vehicle information from the vehicle, performing a series of processes including configuration information synchronization, determination of whether the received vehicle information matches the approved configuration, and the available update check”;
and the one or more processor of the center are further configured to acquire the device information from the vehicle:
Sakurai [0005] “The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB”
Sakurai [0137] “The center apparatus 3 updates the individual vehicle information DB 213 to synchronize the individual vehicle configuration information registered in the individual vehicle information DB 213 with the actual current vehicle configuration.’;
As per claim 6, Sakurai discloses a center configured to control a software update for an electronic control unit mounted on a vehicle:
[0005] “The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB: and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.,
the center comprising one or more processors configured to:
[0083] The center communicator 330 is a communication device communicable with the DCM 12 and the portable terminal 6 via the communication network 2. Using the center communicator 330, the center computer 310 can communicate with the DCM 12 and the portable terminal 6 via the wireless communications”;
Acquire from the vehicle, information on a display device including information indicating whether or not update information related to the software update is displayable on the display device of the vehicle; determine whether the update information related to the software update is displayable on the display device of the vehicle based on the information on the display device;
[0166]”The master device 11 acquires a campaign file corresponding to the campaign ID from the center apparatus 3 using the notified campaign ID as a key (D9). Via the wireless communications, the center computer 310 sends the campaign file from the center communicator 330 to the vehicle system 4 in response to a campaign file acquisition request from the vehicle system 4 (D32). The campaign file contains texts describing the contents of the campaign, restrictions when executing program update, and the like.
[0167] For example, the restrictions include a remaining battery level, a free space of the RAM necessary for downloading the distribution package, the current position of the vehicle, and the like. The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19.
[0204] “Therefore, by referring to the texts displayed on the in-vehicle display 7, the user can recognize that the data update is necessary”;
[0198]”In the case of the CV, the SMS sending control unit 212 sends an SMS including display contents for the in-vehicle display 7 to the vehicle in which the SMS is receivable due to the DCM 12 having an intermittent in-operation state (see E4 of FIG. 25 as well as FIG. 26). For example, when the IG switch is turned on, the CGW 13 instructs the in-vehicle display 7 to display the texts described in the received SMS”;
transmit the update information to the information terminal, when it is determined that the update information is not displayable on the display device of the vehicle:
[0172] “At D8, in addition to or in place of notifying the vehicle system 4 that a software update is available by, for example, sending the campaign ID, the center computer 310 may notify the portable terminal 6 that the software update is available”;
[0209] “ For example, it is assumed that the user will not get on the vehicle and will not turn on the IG switch for about one month. As shown in FIG. 27, with the portable terminal 6, the user may send his setting of the campaign notification destination and the campaign notification date and time to the center apparatus 3. For example, the user setting may request that the campaign information should be sent to the portable terminal 6 one month later. The individual vehicle information management unit 3C accordingly stores the notification destination and the notification date and time in the individual vehicle information DB 213, and notifies the user according to the setting. For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
See also [0210] for sending notification to portable device because vehicle cannot be reached.
cause the vehicle to display the notification on the display device:
[0167]” The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12. When the center computer 310 receives the update approval, the center computer 310 sends the distribution package file having the package ID corresponding to the campaign ID to the vehicle system 4 together with the integrity verification data (D10).…..”;
receive an update acceptance notification from the information terminal or the vehicle indicating that the user or administrator has approved the software update:
[0217] In a fifth aspect of the present disclosure, the center computer is further configured to, when both the first and second determinations are true and prior to sending the software update data to the vehicle apparatus: notify at least one of the vehicle apparatus or a user portable terminal that a software update is available; and after receiving an update approval from the vehicle apparatus or the user portable device, send the software update data to the vehicle apparatus via the wireless communications”.
and control a software update process for the electronic control unit based on the update acceptance notification, wherein the software update process includes downloading, installing, and activating the software update:
[0172] “In this case, the processing prior to the sending of the distribution package file and the integrity verification data from the center apparatus 3 to the vehicle system 4 may be as follows. The portable terminal 6 having received the campaign ID acquires a campaign file from the center apparatus 3 (D32). Then, when the user refers to the contents of the campaign file and inputs the update approval via the HMI of the portable terminal 6 (YES at D33), the portable terminal 6 notifies the center apparatus 3 about the update approval. Then, the center computer 310 sends the distribution package file and the integrity verification data to the vehicle system 4 (010)”;
[0137]“As described later in more details, the center apparatus 3 make comparison between digest values (hash values) to determine whether to update the individual vehicle information DB 213. The center apparatus 3 checks whether the program update exists for the vehicle. When the program update exists for the vehicle, the center apparatus 3 notifies the vehicle system 4 of the campaign information indicating that the update is available. Thereafter, the vehicle system 4 downloads the distribution package, performs software installation to the update target ECU 19, and activates the new program.
But not explicitly:
after transmitting the update information to the information terminal, transmit, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
Mezaael discloses:
after transmitting the update information to the information terminal:
[0054] “ The mobile device 130b can have information indicating that an update for a vehicle profile package is available. As is disclosed herein, the mobile device 130b may have received an update notification from a vehicle or another mobile device in the network 110.”
transmit, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification:
[0055] The mobile device 130b can send an update notification to the out-of-network vehicle 410 by means of the update unit 140, using a communication unit integrated in to the mobile device 130b and wireless links 434. The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update.“
[0057]“The vehicle update module 156, or a component therein, can access such data. Using the accessed information, the mobile device 130c can determine that the out-of-network vehicle 430 is available to handle a copy of an updated version of a vehicle profile package. Accordingly, the mobile device 130c can communicate (e.g., broadcast) a notification that the out-of-network vehicle 430 is available to handle the copy of the updated version of a vehicle profile package; The notification can be communicated to other mobile devices and/or vehicles within the network 110, via the communication media 115”; See also [Fig.4 and 0056 and 0058] for handling message about who/where the update is available”;
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
[0055] “The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update
…..
In either configuration, accepting the update can cause the out-of-network vehicle 410 to send a response message requesting the update from the mobile device. The mobile device 130b can receive the response message and, in turn, can send a locked copy of an update version of the vehicle profile package”;
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Mezaael into teachings of Sakurai to confirm that data received through wireless communication, as being data transmitted to the vehicle control apparatus for rewrite process.
Furthermore, update condition of the control program in the vehicle-mounted control apparatus is grasped efficiently by exchanging broadcast messages that allow reception of the update package from nearby-devices.[ Mezaael 0044 ].
As per claim 8, the rejection of claim 6 is incorporated and furthermore Sakurai and Mezaael disclose:
wherein the one or more processor are further configured to retransmit the update information to the information terminal when the one or more processors receive a retransmission request from the vehicle:
Sakurai [0205] “When the destination address of the portable terminal 6 of the user is stored in the individual vehicle information DB 213, the center apparatus 3 sends a message including texts displayable on the portable terminal 6 to the portable terminal 6. This enables the use to recognize that the data update is necessary by checking the texts displayed on the portable terminal 6 even if there is no opportunity to get on the vehicle”;
Sakurai [0209] “ For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
As per claim 10, Sakurai discloses a method to be executed by a center configured to control software update for an electronic control unit mounted on a vehicle:
[0005] “The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB: and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.,
the center including one or more processor and a memory: the method comprising:
[0081] The center computer 310 includes a central processing unit (CPU), a read only memory (ROM), a random-access memory (RAM), and a flash memory”;
Acquiring, from the vehicle, information on a display device including information indicating whether or not update information related to the software update is displayable on the display device of the vehicle; determining whether the update information related to the software update is displayable on the display device of the vehicle based on the information on the display device:
[0166]”The master device 11 acquires a campaign file corresponding to the campaign ID from the center apparatus 3 using the notified campaign ID as a key (D9). Via the wireless communications, the center computer 310 sends the campaign file from the center communicator 330 to the vehicle system 4 in response to a campaign file acquisition request from the vehicle system 4 (D32). The campaign file contains texts describing the contents of the campaign, restrictions when executing program update, and the like.
[0167] For example, the restrictions include a remaining battery level, a free space of the RAM necessary for downloading the distribution package, the current position of the vehicle, and the like. The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19.
[0204] “Therefore, by referring to the texts displayed on the in-vehicle display 7, the user can recognize that the data update is necessary”;
[0198]”In the case of the CV, the SMS sending control unit 212 sends an SMS including display contents for the in-vehicle display 7 to the vehicle in which the SMS is receivable due to the DCM 12 having an intermittent in-operation state (see E4 of FIG. 25 as well as FIG. 26). For example, when the IG switch is turned on, the CGW 13 instructs the in-vehicle display 7 to display the texts described in the received SMS”;
transmitting the update information to an information terminal associated with the vehicle, when it is determined that the update information is not displayable on the display device of the vehicle:
[0172] “At D8, in addition to or in place of notifying the vehicle system 4 that a software update is available by, for example, sending the campaign ID, the center computer 310 may notify the portable terminal 6 that the software update is available”;
[0209] “ For example, it is assumed that the user will not get on the vehicle and will not turn on the IG switch for about one month. As shown in FIG. 27, with the portable terminal 6, the user may send his setting of the campaign notification destination and the campaign notification date and time to the center apparatus 3. For example, the user setting may request that the campaign information should be sent to the portable terminal 6 one month later. The individual vehicle information management unit 3C accordingly stores the notification destination and the notification date and time in the individual vehicle information DB 213, and notifies the user according to the setting. For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
See also [0210] for sending notification to portable device because vehicle cannot be reached.
Causing the vehicle to display the notification on the display device:
[0167]” The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12. When the center computer 310 receives the update approval, the center computer 310 sends the distribution package file having the package ID corresponding to the campaign ID to the vehicle system 4 together with the integrity verification data (D10).…..”;
receiving an update acceptance notification from the information terminal or the vehicle indicating that the user or administrator has approved the software update:
[0217] In a fifth aspect of the present disclosure, the center computer is further configured to, when both the first and second determinations are true and prior to sending the software update data to the vehicle apparatus: notify at least one of the vehicle apparatus or a user portable terminal that a software update is available; and after receiving an update approval from the vehicle apparatus or the user portable device, send the software update data to the vehicle apparatus via the wireless communications”.
and controlling a software update process for the electronic control unit based on the update acceptance notification, wherein the software update process includes downloading, installing, and activating the software update:
[0172] “In this case, the processing prior to the sending of the distribution package file and the integrity verification data from the center apparatus 3 to the vehicle system 4 may be as follows. The portable terminal 6 having received the campaign ID acquires a campaign file from the center apparatus 3 (D32). Then, when the user refers to the contents of the campaign file and inputs the update approval via the HMI of the portable terminal 6 (YES at D33), the portable terminal 6 notifies the center apparatus 3 about the update approval. Then, the center computer 310 sends the distribution package file and the integrity verification data to the vehicle system 4 (010)”;
[0137]“As described later in more details, the center apparatus 3 make comparison between digest values (hash values) to determine whether to update the individual vehicle information DB 213. The center apparatus 3 checks whether the program update exists for the vehicle. When the program update exists for the vehicle, the center apparatus 3 notifies the vehicle system 4 of the campaign information indicating that the update is available. Thereafter, the vehicle system 4 downloads the distribution package, performs software installation to the update target ECU 19, and activates the new program.
But not explicitly:
after transmitting the update information to the information terminal, transmitting, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification
causing the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
Mezaael discloses:
after transmitting the update information to the information terminal:
[0054] “ The mobile device 130b can have information indicating that an update for a vehicle profile package is available. As is disclosed herein, the mobile device 130b may have received an update notification from a vehicle or another mobile device in the network 110.”
transmitting, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification:
[0055] The mobile device 130b can send an update notification to the out-of-network vehicle 410 by means of the update unit 140, using a communication unit integrated in to the mobile device 130b and wireless links 434. The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update.“
[0057]“The vehicle update module 156, or a component therein, can access such data. Using the accessed information, the mobile device 130c can determine that the out-of-network vehicle 430 is available to handle a copy of an updated version of a vehicle profile package. Accordingly, the mobile device 130c can communicate (e.g., broadcast) a notification that the out-of-network vehicle 430 is available to handle the copy of the updated version of a vehicle profile package; The notification can be communicated to other mobile devices and/or vehicles within the network 110, via the communication media 115”; See also [Fig.4 and 0056 and 0058] for handling message about who/where the update is available”;
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
[0055] “The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update
…..
In either configuration, accepting the update can cause the out-of-network vehicle 410 to send a response message requesting the update from the mobile device. The mobile device 130b can receive the response message and, in turn, can send a locked copy of an update version of the vehicle profile package”;
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Mezaael into teachings of Sakurai to confirm that data received through wireless communication, as being data transmitted to the vehicle control apparatus for rewrite process.
Furthermore, update condition of the control program in the vehicle-mounted control apparatus is grasped efficiently by exchanging broadcast messages that allow reception of the update package from nearby-devices.[ Mezaael 0044 ].
As per claim 11, Sakurai discloses non-transitory storage medium storing instructions that are executable by one or more computers of a center and that cause the one or more computers to perform functions,
the center including one or more processors and a memory:
[0081] The center computer 310 includes a central processing unit (CPU), a read only memory (ROM), a random-access memory (RAM), and a flash memory”;
the center being configured to control a software update for an electronic control unit mounted on a vehicle:
[0005] “The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB: and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.,
the functions comprising: acquiring, from the vehicle, information on a display device including information indicating whether or not update information related to the software update is displayable on the display device of the vehicle; determining whether the update information related to the software update is displayable on [[a]]the display device of the vehicle based on the information on the display device;
[0166]”The master device 11 acquires a campaign file corresponding to the campaign ID from the center apparatus 3 using the notified campaign ID as a key (D9). Via the wireless communications, the center computer 310 sends the campaign file from the center communicator 330 to the vehicle system 4 in response to a campaign file acquisition request from the vehicle system 4 (D32). The campaign file contains texts describing the contents of the campaign, restrictions when executing program update, and the like.
[0167] For example, the restrictions include a remaining battery level, a free space of the RAM necessary for downloading the distribution package, the current position of the vehicle, and the like. The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19.
[0204] “Therefore, by referring to the texts displayed on the in-vehicle display 7, the user can recognize that the data update is necessary”;
[0198]”In the case of the CV, the SMS sending control unit 212 sends an SMS including display contents for the in-vehicle display 7 to the vehicle in which the SMS is receivable due to the DCM 12 having an intermittent in-operation state (see E4 of FIG. 25 as well as FIG. 26). For example, when the IG switch is turned on, the CGW 13 instructs the in-vehicle display 7 to display the texts described in the received SMS”;
transmitting the update information to an information terminal associated with the vehicle, when it is determined that the update information is not displayable on the display device of the vehicle:
[0172] “At D8, in addition to or in place of notifying the vehicle system 4 that a software update is available by, for example, sending the campaign ID, the center computer 310 may notify the portable terminal 6 that the software update is available”;
[0209] “ For example, it is assumed that the user will not get on the vehicle and will not turn on the IG switch for about one month. As shown in FIG. 27, with the portable terminal 6, the user may send his setting of the campaign notification destination and the campaign notification date and time to the center apparatus 3. For example, the user setting may request that the campaign information should be sent to the portable terminal 6 one month later. The individual vehicle information management unit 3C accordingly stores the notification destination and the notification date and time in the individual vehicle information DB 213, and notifies the user according to the setting. For example, if first and second campaigns are registered during that one month, the SMS sending control unit 212 sends the first campaign information and the second campaign information to the user's portable terminal 6 at a time corresponding to the one month, thereby prompting the user to perform processes for the program update.”;
See also [0210] for sending notification to portable device because vehicle cannot be reached.
Causing the vehicle to display the notification on the display device:
[0167]” The master device 11 analyzes the campaign file, and displays the contents of the campaign and the like using the vehicle display 7. The user refers to messages displayed on the in-vehicle display 7 according to the content of the campaign, and determines whether to update the application program(s) of the ECU(s) 19. When the user inputs an update approval via the in-vehicle display 7 (YES at D33), the master device 11 (specifically, the CGW 13) notifies the center apparatus 3 about the user update approval via the DCM 12. When the center computer 310 receives the update approval, the center computer 310 sends the distribution package file having the package ID corresponding to the campaign ID to the vehicle system 4 together with the integrity verification data (D10).…..”;
receiving an update acceptance notification from the information terminal or the vehicle indicating that the user or administrator has approved the software update:
[0217] In a fifth aspect of the present disclosure, the center computer is further configured to, when both the first and second determinations are true and prior to sending the software update data to the vehicle apparatus: notify at least one of the vehicle apparatus or a user portable terminal that a software update is available; and after receiving an update approval from the vehicle apparatus or the user portable device, send the software update data to the vehicle apparatus via the wireless communications”.
and controlling a software update process for the electronic control unit based on the update acceptance notification, wherein the software update process includes downloading, installing, and activating the software update:
[0172] “In this case, the processing prior to the sending of the distribution package file and the integrity verification data from the center apparatus 3 to the vehicle system 4 may be as follows. The portable terminal 6 having received the campaign ID acquires a campaign file from the center apparatus 3 (D32). Then, when the user refers to the contents of the campaign file and inputs the update approval via the HMI of the portable terminal 6 (YES at D33), the portable terminal 6 notifies the center apparatus 3 about the update approval. Then, the center computer 310 sends the distribution package file and the integrity verification data to the vehicle system 4 (010)”;
[0137]“As described later in more details, the center apparatus 3 make comparison between digest values (hash values) to determine whether to update the individual vehicle information DB 213. The center apparatus 3 checks whether the program update exists for the vehicle. When the program update exists for the vehicle, the center apparatus 3 notifies the vehicle system 4 of the campaign information indicating that the update is available. Thereafter, the vehicle system 4 downloads the distribution package, performs software installation to the update target ECU 19, and activates the new program.
But not explicitly:
after transmitting the update information to the information terminal, transmitting, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification;
causing the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
Mezaael discloses:
after transmitting the update information to the information terminal:
[0054] “ The mobile device 130b can have information indicating that an update for a vehicle profile package is available. As is disclosed herein, the mobile device 130b may have received an update notification from a vehicle or another mobile device in the network 110.”
transmiting, to the vehicle, a notification indicating that the update information has been transmitted to the information terminal, wherein the notification is separate from and distinct from a general update availability notification:
[0055] The mobile device 130b can send an update notification to the out-of-network vehicle 410 by means of the update unit 140, using a communication unit integrated in to the mobile device 130b and wireless links 434. The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update.“
[0057]“The vehicle update module 156, or a component therein, can access such data. Using the accessed information, the mobile device 130c can determine that the out-of-network vehicle 430 is available to handle a copy of an updated version of a vehicle profile package. Accordingly, the mobile device 130c can communicate (e.g., broadcast) a notification that the out-of-network vehicle 430 is available to handle the copy of the updated version of a vehicle profile package; The notification can be communicated to other mobile devices and/or vehicles within the network 110, via the communication media 115”; See also [Fig.4 and 0056 and 0058] for handling message about who/where the update is available”;
cause the vehicle to display the notification on the display device, wherein the notification prompts a user or administrator to check the information terminal for the update information:
[0055] “The update notification can be sent by means of the update unit 140, using a communication unit integrated into the mobile device. The update notification can include payload data than can cause a display device within the out-of-network vehicle 410 to present a prompt to accept the update
…..
In either configuration, accepting the update can cause the out-of-network vehicle 410 to send a response message requesting the update from the mobile device. The mobile device 130b can receive the response message and, in turn, can send a locked copy of an update version of the vehicle profile package”;
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Mezaael into teachings of Sakurai to confirm that data received through wireless communication, as being data transmitted to the vehicle control apparatus for rewrite process.
Furthermore, update condition of the control program in the vehicle-mounted control apparatus is grasped efficiently by exchanging broadcast messages that allow reception of the update package from nearby-devices.[ Mezaael 0044 ].
Pertinent arts:
US20140310702A1:
Alternatively, or in conjunction with the above, the message module 2108 can receive a message from the software/firmware server 2140 indicating that the software/firmware update is available and/or a user can be notified that a firmware/software update is available. When a software/firmware update becomes available, the vehicle 104 is able to retrieve that software/firmware update from one or more of the stored data 2144, and/or from one or more the other vehicles, such as vehicle A 2116, vehicle B 2120 and/or vehicle N 2124.
US 20200249937 A1:
The gateway 10 requests the server 2 for the update package 5 necessary for software update every time the gateway 10 is activated, that is, each time ignition of the vehicle 1 is turned ON. When there is information to be updated, the server 2 transmits the update package 5 to the gateway 10. A configuration of the update package 5 will be described below.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAHIM BOURZIK whose telephone number is (571)270-7155. The examiner can normally be reached Monday-Friday (8-4:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wei Y Mui can be reached at 571-270-2738. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAHIM BOURZIK/ Examiner, Art Unit 2191
/WEI Y MUI/ Supervisory Patent Examiner, Art Unit 2191