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 .
This Office Action is in response to the amendment filed on 8/8/2025. This Action is made FINAL.
Claims 1 and 3-8 are pending and they are presented for examination.
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(s) 1 and 3-8 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recite: “at least two startup conditions selected from a group consisting of”… “that the virtual machine has satisfied all of its associated startup conditions”.
The examiner is unclear if “all” is referring to at least two startup conditions selected from 3 possible conditions or if all is referring to all 3 conditions or some other associated startup conditions.
Claim 1 recite: “the virtual machine” line 17. There is insufficient antecedent basis for this limitation in the claim. The examiner is unclear if “the virtual machine” is referring to each virtual machine, a corresponding virtual machine or activated virtual machine.
Claim 3 recite: “wherein another virtual machine is a virtual machine”. The examiner is unclear if “another virtual machine” is referring to “another virtual machine” from claim 1 condition (c) or not.
Claim 3-8 are rejected based on rejection of its corresponding dependent claim.
Response to Arguments
3. Applicant's arguments filed regarding claim 1, “Claim 1, as amended, further recites activating a virtual machine in response to determining, based on the startup condition information, that the virtual machine has satisfied all of its associated startup conditions. Thus each virtual machine has at least two startup conditions from among the three defined startup conditions, and a virtual machine is activated when all of its startup conditions are satisfied.”.
The argument is not persuasive based on new 112 rejection (see above).
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)(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 and 3-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rottkamp (Pub 20220308910).
As per claim 1, Rottkamp teaches:
An information processing device comprising:
memory configured to store startup condition information that defines, for each virtual machine of a plurality of virtual machines, at least two startup conditions selected from a group consisting of:
(a) a first startup condition indicating that a power state of a vehicle has transitioned to ON;
(b) a second startup condition indicating that a security check process for a corresponding virtual machine has been completed by a processing execution unit that performs the security check process; and
(c) a third startup condition indicating that an initialization completion notification has been received from another virtual machine that manages the corresponding virtual machine; and
a processor coupled to the memory, wherein the processor is configured to activate a virtual machine in response to determining, based on the startup condition information, that the virtual machine has satisfied all of its associated startup conditions. ([Paragraph 9], The evaluation unit thus ascertains the motor vehicle-related activation event. The motor vehicle-related activation event may be for example actuation of an operating element serving as an activation element in order to start the running of the VM by the occupant of the motor vehicle on the touch-sensitive screen in the motor vehicle. For example, a corresponding symbol is displayed on the touch-sensitive screen in the motor vehicle, which the occupant touches with a finger of his hand and thereby actuates. The actuation of the activation element is thus considered to be a motor vehicle-related activation event. In this example, the acquired activation indicator data are signals generated by touching the activation element on the touch-sensitive screen. Ultimately, in this case, the time is established at which there is an indicator that it is desired to activate the running of the data stored on the data storage device as a VM on the vehicle computing device. [Paragraph 10], Thus, for example, after it has been established that the activation element for starting the running of the VM has been actuated, processes are initiated in order to run the operating system installation data stored on the data storage device as a VM by way of the vehicle computing device. [Paragraph 18], The virtualization software is in this case stored on the vehicle computing device, such that provision may be made for the operating system installation data to be stored in encrypted form on the data storage device and be able to be decrypted by the vehicle computing device and made usable thereon only by way of a corresponding authorization provided by the occupant or a decryption option stored in the operating system of the vehicle computing device. This ensures that only the operating system installation data actually desired by an occupant of the motor vehicle are processed by the vehicle computing device such that it runs them as a VM. [Paragraph 22], The activation element may be provided, as an alternative or in addition to an element displayed on the touch-sensitive screen, as an operable button, rotary pushbutton switch and/or operable knob in the motor vehicle, such that actuation of such an actuation element may ultimately cause the VM to start running in the form of corresponding activation indicator data… As an alternative or in addition thereto, a component of the vehicle computing device may be used as acquisition device to check whether a login process by an occupant of the motor vehicle with a predefined personal user account was successful, and such a successful login process is assessed as activation event. [Paragraph 23], As an alternative or in addition thereto, the acquisition device may be a sensor device of the motor vehicle, for example a sensor that detects the unlocking of a locking device of the vehicle doors of the motor vehicle and/or establishes opening or closure of the respective vehicle door itself. For example, if the VM is currently not running, opening the vehicle door may serve as an indicator that the occupant is getting into the motor vehicle and consequently wants the VM to start running as soon as possible. As an alternative or in addition thereto, entry of the occupant may already be identified when the door-locking device of the motor vehicle is unlocked, such that this may already be considered to be a motor vehicle-related activation event that indicates that the occupant wants the VM to start running on the vehicle computing device in the near future. As an alternative or in addition thereto, a sensor device of a vehicle seat, such as for example a weighing sensor installed in the vehicle seat, may be used to identify the seat occupancy of the vehicle seat by the occupant, and to consider this to be a corresponding activation event. The imminent or already detected presence of an occupant in the motor vehicle may thus already be assessed to the effect that running of the VM should be initiated. [Paragraph 27], For example, a corresponding user account of the occupant may be stored in the motor vehicle and/or stored in a computer cloud infrastructure for access from the motor vehicle, such that data from the interior camera and/or vehicle key data may be used to check whether the person whose user account is stored in the motor vehicle is actually an occupant of the motor vehicle at a current time, whereupon running of the operating system installation data provided by this occupant as a VM in the motor vehicle is authorized. This provides an additional level of security, since unambiguous and reliable identification of the occupant and potential user of the VM is achieved based on the sensor device provided in the motor vehicle. [Paragraph 28], In addition, one embodiment makes provision for the vehicle computing device to include a hypervisor, such that multiple VMs are able to be run on the vehicle computer at the same time.)
As per claim 3, rejection of claim 1 is incorporated:
Rottkamp teaches wherein another virtual machine is a virtual machine that manages the plurality of virtual machines. ([Paragraph 28], In addition, one embodiment makes provision for the vehicle computing device to include a hypervisor, such that multiple VMs are able to be run on the vehicle computer at the same time.)
As per claim 4, rejection of claim 1 is incorporated:
Rottkamp teaches wherein an update of the startup condition information stored in the memory is performed prior to processing of the processing execution section. ([Paragraph 10], Thus, for example, after it has been established that the activation element for starting the running of the VM has been actuated, processes are initiated in order to run the operating system installation data stored on the data storage device as a VM by way of the vehicle computing device. [Paragraph 22], The activation element may be provided, as an alternative or in addition to an element displayed on the touch-sensitive screen, as an operable button, rotary pushbutton switch and/or operable knob in the motor vehicle, such that actuation of such an actuation element may ultimately cause the VM to start running in the form of corresponding activation indicator data… As an alternative or in addition thereto, a component of the vehicle computing device may be used as acquisition device to check whether a login process by an occupant of the motor vehicle with a predefined personal user account was successful, and such a successful login process is assessed as activation event. [Paragraph 23], As an alternative or in addition thereto, the acquisition device may be a sensor device of the motor vehicle, for example a sensor that detects the unlocking of a locking device of the vehicle doors of the motor vehicle and/or establishes opening or closure of the respective vehicle door itself. For example, if the VM is currently not running, opening the vehicle door may serve as an indicator that the occupant is getting into the motor vehicle and consequently wants the VM to start running as soon as possible. As an alternative or in addition thereto, entry of the occupant may already be identified when the door-locking device of the motor vehicle is unlocked, such that this may already be considered to be a motor vehicle-related activation event that indicates that the occupant wants the VM to start running on the vehicle computing device in the near future. As an alternative or in addition thereto, a sensor device of a vehicle seat, such as for example a weighing sensor installed in the vehicle seat, may be used to identify the seat occupancy of the vehicle seat by the occupant, and to consider this to be a corresponding activation event. The imminent or already detected presence of an occupant in the motor vehicle may thus already be assessed to the effect that running of the VM should be initiated. [Paragraph 28], In addition, one embodiment makes provision for the vehicle computing device to include a hypervisor, such that multiple VMs are able to be run on the vehicle computer at the same time.)
As per claims 5, 6 and 7. These are vehicle, method and non-transitory recording medium claims corresponding to the information processing device claim 1. Therefore, rejected based on similar rationale.
As per claim 8, rejection of claim 1 is incorporated:
Rottkamp teaches wherein the plurality of virtual machines include:
a first virtual machine configured to control a body of the vehicle.
a second virtual machine configured to control an engine of the vehicle; and
a third virtual machine configured to perform autonomous driving control.
([Paragraph 3], For an occupant of a motor vehicle who is not contributing to controlling the motor vehicle, it may be of interest to use a journey in the motor vehicle to work or to play computer games. Such an option for keeping busy during a journey in the motor vehicle is also interesting for all occupants of the motor vehicle in an autonomous driving procedure.. [Paragraph 4], E 10 2012 205 301 A1 describes a computing architecture for controlling electronic data processing in a vehicle. This computing architecture comprises a computing device having at least two virtual machines (VM), the first of which comprises a first operating system and the second of which comprises a second operating system. A virtualization layer makes it possible to be able to run the first and the second operating system in parallel on the computing device. The second operating system in this case has a higher security requirement than the first operating system, meaning that the first operating system is used as an operating system with a low security standard and the second operating system is used as a certified real-time operating system for the motor vehicle. [Paragraph 9-10], The method includes: First, a motor vehicle-related activation event is ascertained for running operating system installation data, stored on the data storage device, as a VM on the vehicle computing device. The ascertainment takes place on the basis of activation indicator data, acquired by way of the acquisition device, by way of the evaluation unit. The evaluation unit thus ascertains the motor vehicle-related activation event. The motor vehicle-related activation event may be for example actuation of an operating element serving as an activation element in order to start the running of the VM by the occupant of the motor vehicle on the touch-sensitive screen in the motor vehicle. For example, a corresponding symbol is displayed on the touch-sensitive screen in the motor vehicle, which the occupant touches with a finger of his hand and thereby actuates. The actuation of the activation element is thus considered to be a motor vehicle-related activation event. In this example, the acquired activation indicator data are signals generated by touching the activation element on the touch-sensitive screen. Ultimately, in this case, the time is established at which there is an indicator that it is desired to activate the running of the data stored on the data storage device as a VM on the vehicle computing device. [Paragraph 33], he vehicle computing device thus makes provision, for example for security reasons with regard to possible manipulation of vehicle control software of the motor vehicle, for the VM to be run only on a vehicle computing device specially provided and not on the vehicle computing device, which additionally provides and executes all of the control software components required for example for fully autonomous driving of the motor vehicle. This ensures, in a technically simple manner, that the control software of the motor vehicle itself cannot be manipulated by running the VM accordingly.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG U KIM whose telephone number is (571)270-1313. The examiner can normally be reached 9:00am - 5:00pm.
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/DONG U KIM/Primary Examiner, Art Unit 2197