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 .
The following is a Final Office action in response to applicant's amendment and response received 09/18/2025, responding to the 06/18/2025 non-final office action provided in rejection of claims 1-20.
3. Claims 1-20 have been amended. Claims 1-20 are pending and are addressed in this office action. New grounds of rejection are presented in view of the newly presented limitation(s).
Examiner notes
(A) Limitations have been provided with the Bold fonts in order to distinguish from the cited part of the reference (Italic).
(B). Examiner has cited particular columns, line numbers, references, or figures in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP § 2141.02 VI and 2123.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111 (c).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/06/2025 was filed with the application. Accordingly, the information disclosure statement was received and the references therein considered by the examiner.
Response to Amendments and Arguments
In light of the amendment to the claims the Previous Actions of objection (i.e. clams 8-11) and rejections (claims 1-15 and 17-20) of those claims under 35 U.S.C. § 112 are hereby withdrawn.
Applicant’s arguments have been considered but moot with in view of new ground rejections.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7 , 12-13 and 18-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 7 and 12, recited “third information processing device” and “third software information” originally filed spec does not support. The spec paragraph only support first and second information processing device and information only paragraphs 0009 and 0302.
Claims 18-19 recited “second CPU” originally filed spec does not have support. Spec only provided only one CPU in the paragraphs 0018, 0288 and 0291-0292.
The claim 13 is dependent claim 12 of rejected claim and claim 20 depend claim 19 rejected claim; therefor those inherit the same issue
Appropriate correction is required.
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 8, 14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/003515, Nakatsukasa et al (US 20210349709 A1 is relied on official English translation).
As to claim 1, Nakatsukasa discloses a first information processing devices comprising:
a central processing unit (CPU) configured to (Fig. 4, element 102):
receive sensor data associated with an environment of a mobile body (pars. 0031-0032, by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing [i.e. sensor data] an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor or a brake operation, the stop determining ECU 4 determines whether or not the vehicle has stopped due to turning on of a red signal of the traffic light or descent of the crossing gate at the railroad crossing [i.e. environment]. When the stop determining ECU 4 determines that the vehicle has stopped, the stop determining ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication. … ):
perform, based on the sensor data, a recognition process of the environment of the mobile body (par. 0031, by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor or a brake operation, the stop determining ECU 4 determines whether or not the vehicle has stopped due to turning [i.e. environment] on of a red signal of the traffic light or descent of the crossing gate at the railroad crossing. When the stop determining ECU 4 determines that the vehicle has stopped, … );
determine a recognition result based on the recognition process (par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor … ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication); and
control, based on the recognition result, update of a first software, wherein the first software is associated with at least one of a travel assistance process of the mobile body (par. 0026, The ECUs 3a to 3d are electronic control units for controlling various in-vehicle devices mounted on a vehicle. For example, the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor [i.e. recognition]). Further par. 0114, the update unit 34 starts an update (step ST5b). As a result, an update of the firmware or software included in the ECU 3a is started. Further, par. 0105, … where the ECU 3a and the ECU 3c operate with software of the same version. In this case, a version 1.0.0 of software included in the ECU 3a can be updated to a version 2.0.0. … ).
As to claim 2, Nakatsukasa discloses the first information (“recognition”) processing device wherein the CPU is further configured to determine, based on the recognition result (par. 0026, The ECUs 3a to 3d are electronic control units for controlling various in-vehicle devices mounted on a vehicle. For example, the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor [i.e. recognition]), a necessity to update the first software (par. 0126, The update control device 2 according to the first embodiment includes the dependency storing unit 23 for storing the dependency information d indicating dependency between ECUs. The dependency confirming unit 24 inquires of an ECU whose dependency with an update target ECU has been confirmed on the basis of the dependency information d stored in the dependency storing unit 23 whether or not an update of the update target ECU can be executed. As a result, the update control device 2 can accurately recognize an ECU having dependency with the update target ECU and can inquire of the ECU having dependency with the update target ECU whether or not an update of the update target ECU can be executed. Further, see pars. 0114 and 0150).
As to claim 3, Nakatsukasa discloses the first information processing device wherein the CPU is further configured to control, based on the determined necessity to update the first software transmission of recognition processing information to a second information (“condition for determining updatability”) processing device (par. 0029, When firmware or software included in an ECU is updated, it is necessary to reset the ECU (stop and restart operation) in order to enable an updated program, … . Further, par. 0039, … ] The ECU having dependency with the update target ECU transmits response information f with respect to the inquiry information e to the update control device 2. The dependency confirming unit 24 generates response content information g indicating the content of the response information f received by the in-vehicle communication unit 28, and outputs the response content information g to the updatability determining unit 27. The response content information g is used as a condition for determining updatability by the updatability determining unit 27), the recognition processing information includes the recognition result, and the second information processing device selects a second software to update the first software (see, pars. 0114 and 0150).
As to claim 4, Nakatsukasa discloses the first information processing device wherein the CPU is further configured to receive, from the second information processing device, first software information (par. 0033, …the server transmits the update data a including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. … . Further, par. 0142, The update target ECU executes a firmware or software update [i.e. second software] process using the update data a received from the update control device 2. … ), and the first software information includes second software information associated with second software (par. 0150, …a version 1.0.0 of software [i.e. first software] included in the ECU 3a can be updated to a version 2.0.0, and furthermore, a version 1.0.0 of software included in the ECU 3c can be updated to a version 2.0.0. [i.e. second software]… ).
As to claim 5, Nakatsukasa discloses the first information processing device wherein the CPU is further configured to control (“control device 2”), based on the first software information, presentation of the second software information (par. 0033, … acquires update data a from an external device connected to the wireless network. The external device is, for example, a server for managing update data for firmware or software included in an ECU. When the ECU is updated, the server transmits the update data an including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. Further, par. 0149, that when pieces of firmware or pieces of software included in a plurality of ECUs are updated simultaneously or in update order, it is necessary to make update versions thereof consistent. Further, see par. 0150).
As to claim 8, Nakatsukasa discloses the first information processing device wherein the at least one of the travel assistance process or the automated driving process includes a plurality of functions, and the CPU is further configured to:
detect an absence of the second software on the mobile body (par. 0027, indicating [i.e. detect] that the update can be executed is confirmed, the update control device 2 determines whether or not the update [i.e. absence of software] of the update target ECU is to be completed within the stop time by comparing update time required for completing the update, … . Further, see pars. 0114 and 0150); and
restrict, based on the absence of the second software on the mobile body, at least a set of functions of the plurality of functions (par. 0024… The update control system 1 is a system for controlling [i.e. restrict] an update of an update target ECU among ECUs 3a to 3d (in-vehicle electronic control units) mounted on a vehicle, and includes an update control device 2 and a stop determining ECU in addition to the ECUs 3a to 3d. The update control device 2 receives update data for an update target ECU ).
As to claim 14, Nakatsukasa discloses the first information processing device wherein the recognition processing information further includes the sensor data (“image data”) used for the recognition processing (par. 0031, … a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor or a brake operation, the stop determining ECU 4 determines whether or not the vehicle has stopped due to turning on of a red signal of the traffic light or descent of the crossing gate at the railroad crossing. … ).
As to claim 16, Nakatsukasa disclose an information processing methods comprising:
in an information processing device (par. 0048, … the update time calculating unit 26, the updatability determining unit 27, and the in-vehicle communication unit 28 in the update control device 2 are implemented by a processing circuit. That is to say, the update control device 2 includes a processing circuit for executing processes in steps ST1a to ST8a … ):
receiving sensor data associated with an environment of a mobile body (par. 0031-0032, by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing [i.e. sessor data] an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor or a brake operation, the stop determining ECU 4 determines whether or not the vehicle has stopped due to turning on of a red signal of the traffic light or descent of the crossing gate at the railroad crossing [i.e. environment]. When the stop determining ECU 4 determines that the vehicle has stopped, the stop determining ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication. … );
performing, based on the sensor data, a recognition process of the environment of the mobile body (par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor … ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication);
determining a recognition result based on the recognition process (par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor … ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication); and
controlling, based on the recognition result (par. 0026, The ECUs 3a to 3d are electronic control units for controlling various in-vehicle devices mounted on a vehicle. For example, the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor [i.e. recognition] ), update of software, wherein the software is associated with at least of a travel assistance process of the mobile body (par. 0026, … the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor).
As to claim 17, Nakatsukasa disclose an information processing systems comprising:
a first information processing device in a mobile body (par. 0126, The update control device 2 according to the first embodiment includes the dependency storing unit 23 for storing the dependency information d indicating dependency between ECUs. The dependency confirming unit 24 inquires of an ECU whose dependency with an update target ECU has been confirmed on the basis of the dependency information d stored in the dependency storing unit 23 whether or not an update of the update target ECU can be executed. As a result, the update control device 2 can accurately recognize an ECU having dependency with the update target ECU and can inquire of the ECU having dependency with the update target ECU whether or not an update of the update target ECU can be executed); and
a second information processing device, wherein the first information processing device includes a first central processing unit (CPU) configured to: receive sensor data associated with an environment of the mobile body (par. 0024, FIG. 1 is a block diagram illustrating a configuration of an update control system 1 according to a first embodiment of the present invention. The update control system 1 is a system for controlling an update of an update target ECU among ECUs 3a to 3d (in-vehicle electronic control units) mounted on a vehicle, and includes an update control device 2 and a stop determining ECU in addition to the ECUs 3a to 3d. The update control device 2 receives update data for an update target ECU by wireless communication while a vehicle is traveling, and updates the update target ECU within stop time from when the vehicle temporarily stops due to turning on of a red signal of a traffic light or descent of a crossing gate at a railroad crossing until the vehicle starts traveling [i.e. travel assistance process]. The update data is update data for firmware or software [i.e. first software] included in the in-vehicle ECU. As an update method, full image update or differential image update is used. Note: the first software considered current software prior to update. Further par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor … ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication);
perform, based on the sensor data, a recognition process of the environment of the mobile body (par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor … ECU 4 transmits a stop state notification indicating this determination result to the update control device 2 using in-vehicle communication); and
determine a recognition result based on the recognition process (see pars. 0032-0032);
control, based on the recognition result (par. 0026, The ECUs 3a to 3d are electronic control units for controlling various in-vehicle devices mounted on a vehicle. For example, the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor [i.e. recognition]) and the determined necessity to update the first software, the update of the first software, and the second information processing device includes a second central processing unit (CPU) configured to select a second software to update the first software, wherein the selection is based on a use condition of the mobile body, and determined necessity to update the first software (par. 0029, When firmware or software included in an ECU is updated, it is necessary to reset the ECU (stop and restart operation) in order to enable an updated program, … .. Further, par. 0033, …the server transmits the update data a including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. … Further, par. 0142, The update target ECU executes a firmware or software update [i.e. second software] process using the update data a received from the update control device 2. … Further, par. 0039, … ] The ECU having dependency with the update target ECU transmits response information f with respect to the inquiry information e to the update control device 2. The dependency confirming unit 24 generates response content information g indicating the content of the response information f received by the in-vehicle communication unit 28, and outputs the response content information g to the updatability determining unit 27. The response content information g is used as a condition for determining updatability by the updatability determining unit 27. Further, par. 0126, … whether or not an update of the update target ECU can be executed. As a result, the update control device 2 can accurately recognize an ECU having dependency with the update target ECU and can inquire of the ECU having dependency with the update target ECU whether or not an update of the update target ECU can be executed), and a necessity to update a first software associated with at least one of a travel assistance process (par. 0026, … the ECU 3a is an ECU for implementing a control system of an accelerator operation, a brake operation, a steering wheel operation, vehicle interior lighting, and headlights, and the ECU 3b is an ECU for implementing an advanced driver assistance system (ADAS) using a vehicle exterior camera, a vehicle interior camera, and a corner sensor).
As to claim 18, Nakatsukasa discloses the information processing system wherein the first CPU is further configured to control transmission recognition processing information to the second information processing devices the recognition processing information includes the recognition result, the transmission of the recognition processing information is based on the determined necessity to update the first software, and the second CPU is further configured to select the second software based on each of the recognition result and the use condition of the mobile body (par. 0029, When firmware or software included in an ECU is updated, it is necessary to reset the ECU (stop and restart operation) in order to enable an updated program, … .. Further, par. 0039, … ] The ECU having dependency with the update target ECU transmits response information f with respect to the inquiry information e to the update control device 2. The dependency confirming unit 24 generates response content information g indicating the content of the response information f received by the in-vehicle communication unit 28, and outputs the response content information g to the updatability determining unit 27. The response content information g is used as a condition for determining updatability by the updatability determining unit 27. Further, par. 0033, …the server transmits the update data a including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. … Further, par. 0142, The update target ECU executes a firmware or software update [i.e. second software] process using the update data a received from the update control device 2. … . Further, see par. 0126).
As to claim 19, Nakatsukasa discloses the information processing system wherein the second CPU is further configured to control transmission o(par. 0039, … The ECU having dependency with the update target ECU transmits response information f with respect to the inquiry information e to the update control device 2. … ), and the first software information includes second software information associated with the second software (par. 0033, … acquires update data a from an external device connected to the wireless network. The external device is, for example, a server for managing update data for firmware or software included in an ECU. When the ECU is updated, the server transmits the update data an including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. Further, par. 0149, that when pieces of firmware or pieces of software included in a plurality of ECUs are updated simultaneously or in update order, it is necessary to make update versions thereof consistent).
As to claim 20, Nakatsukasa discloses the information processing system according wherein the first software information includes a reason to update the first software (par. 0033, … acquires update data a from an external device connected to the wireless network. The external device is, for example, a server for managing update data for firmware or software included in an ECU. When the ECU is updated, the server transmits the update data an including information indicating firmware or software as an update target and an update program to the update control device 2. The update control device 2 identifies an update target ECU from among the ECUs 3a to 3d on the basis of the update data a received from the server. Further, par. 0149, that when pieces of firmware or pieces of software included in a plurality of ECUs are updated simultaneously or in update order, it is necessary to make update versions thereof consistent).
Claim Rejections - 35 USC § 103
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 of this title, 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.
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 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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being obvious over WO 2020/003515, Nakatsukasa et al and in view of Kushwaha et al. (US 20200218531 A1, hereinafter Kushwaha).
As to claim 6, Nakatsukasa does not explicitly disclose the following limitation but,
Kushwaha discloses the first information processing device wherein the CPU is further configured to:
detect a permission for an installation of the second software (par. 0005, … an OTA update manager comprising data storage configured to store updated software [i.e. second software] components for ECUs installed in vehicles, and to store authorized [i.e. permission] software configurations for the vehicles that are verified by a manufacturer. …); and
install, based on the permission for the installation of the second software, the second software on the mobile body (par. 0010, … the second circuitry is further configured to identify a request for a second OTA update for a fleet of the vehicles, to identify a second software state of the ECUs in the vehicles of the fleet, to select a second set of the updated software components for installation in the vehicles of the fleet based on the second software state and a second one of the authorized software configurations for the vehicles … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include detect a permission for an installation of the second software and install, based on the permission for the installation of the second software, the second software on the mobile body, as disclosed by Kushwaha, to authorize / permit software configuration, generates an update plan for installing the set of updated software components that indicates an order for installing the set of the updated software components. (abstract of Kushwaha)
As to claim 7, Kushwaha discloses the first information processing device wherein the CPU is further configured to acquire, based on the permission for the installation of the second software, the second software from at least one of the second information processing device (par. 0010), and the third information processing device is different from each of the first information processing device and the second information processing device (0035, … Data storage 402 is also configured to store authorized software configurations 422 for vehicles that are tested and/or verified by the vehicle manufacturer(s) (i.e., Original Equipment Manufacturer (OEM)). As software components for ECUs are created and/or updated by the same or different [i.e. third processing device] vendors/suppliers, there may be issues of compatibility of the software components … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include the first information processing device wherein the CPU is further configured to acquire, based on the permission for the installation of the second software, the second software from at least one of the second information processing device, and the third information processing device is different from each of the first information processing device and the second information processing device, as disclosed by Kushwaha, to authorize / permit software configuration, generates an update plan for installing the set of updated software components that indicates an order for installing the set of the updated software components. (abstract of Kushwaha)
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over WO 2020/003515, Nakatsukasa et al in view of Ueda et al. (US 20090018711 A1, hereinafter Ueda) and Shiota et al. (US 20180281787 A1, hereinafter Shiota).
As to claim 9, Nakatsukasa does not explicitly disclose the following limitations but,
Ueda discloses the first information processing device wherein the plurality of functions includes an automatic driving function (par. 0005, … As the in-vehicle function, a lane-deviation alarming function of alarming deviation of the vehicle, an automatic tracking function of automatically tracking movement of a forward vehicle, and a collision alleviation brake function of predicting collision of the vehicle and automatically applying a brake are exemplified. …), and the CPU is further configured to (par. 0012, … the detection process selecting means are configured by, for example, a CPU (Central Processing Unit)):
detect, based on the recognition process, a rushing out process of a specific object at a front side of the mobile body (par. 0169, the detecting of the interrupting vehicle is firstly performed and the detecting of the person rushing in the front of the own vehicle is secondly performed since an object which seems to be a person is not detected in the front outside of the own vehicle lane);
stop, at a time of the detection of the rushing out process of the specific object (par. 0100, The vehicle control ECU 102 controls each element of the own vehicle so as to perform operations in accordance with a situation such as the presence or absence of a person crossing the road in the front of the own vehicle, the location of the person, and the direction in which the person is crossing, for example, an operation for making a display or a warning for prompting a driver to be careful, an operation for restraining acceleration, and an operation for automatically applying a brake [i.e. stop]),
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include detect, based on the recognition process, a rushing out process of a specific object at a front side of the mobile body and stop, at a time of the detection of the rushing out process of the specific object, as disclosed by Ueda, for the purpose to detecting device, the detecting method, and the program of effectively detecting information necessary to control a vehicle. (see par. 0002)
Shiota discloses detect, based on the recognition process, an absence of a protection fence at the front side of the mobile body (par. 0029, FIG. 1, an appearance recognition sensor 111 and a position acquisition sensor 112 are electrically connected to the automatic drive assist system 10. The appearance recognition sensor 111 is a detection system for detecting the presence and absence of the obstacle (another vehicle, a pedestrian, a guard rail, etc.) in front of the vehicle, a distance between the vehicle and an obstacle … . Note: the reference teach detection of fence and it would be obvious either or fence exist or not); and
the automated driving function based on the absence of the second software on the mobile body, and the absence of the protection fence at the front side of the mobile body (Fig. 1 and par. 0029).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include detect, based on the recognition process, an absence of a protection fence at the front side of the mobile body and the automated driving function based on the absence of the second software on the mobile body, and the absence of the protection fence at the front side of the mobile body, as disclosed by Shiota, for the purpose to an automatic drive assist system equipped with an automatic drive control device which is an embodiment of the vehicle travel assist device. (see par. 0014)
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Nakatsukasa et al in view of Uchida et al. (20180088572 A1 hereinafter Uchida) and Konrardy et al. (US 20200317216 A1, hereinafter Konrardy).
As to claim 10, Nakatsukasa does not explicitly discloses the following limitations but,
Uchida discloses the first information processing device the plurality of functions includes a cruise control function, and the CPU is further configured to:
recognize a specific vehicle based on the recognition process (par. 0112, … the approach of the emergency vehicle may be judged by, for example, recognizing the sound of sirens or judging from videos of surrounding cameras. After the passenger is notified that the emergency vehicle [i.e. specific vehicle] is approaching …); and
the recognized specific vehicle (par. 0112).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include recognize a specific vehicle based on the recognition process, as disclosed by Uchida, for the purpose to deal with it appropriately an emergency stop (see par. 0074)
Konrardy discloses stop the cruise control function based on the absence of the second software on the mobile body(par. 0224, … actual loss experience of the software in question may be analyzed. Vehicles with superior artificial intelligence and crash avoidance capabilities may experience lower insurance losses in real driving situations. Results from both the test environment and/or actual insurance losses may be compared to the results of other autonomous software packages and/or vehicles lacking autonomous operation features [i.e. absence of the second software] to determine a relative risk levels or risk factors for one or more autonomous operation features … Further, par. 0117, … disabling [i.e. stopping] an autonomous operation feature or adjusting the feature's parameters (e.g., resetting the speed on an adaptive cruise control feature) … Further, par. 0228, The types of autonomous or semi-autonomous vehicle-related functionality or technology implemented by various autonomous operation features may include or be related to the following: (a) fully autonomous (driverless); (b) limited driver control; … (i) automatic or semi-automatic collision warning; ( ) adaptive cruise control … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include stop the cruise control function based on the absence of the second software on the mobile body, as disclosed by Konrardy, for the purpose to limit driver control due to situation (see par. 0228)
Claim 11 is rejected under 35 U.S.C. 103 as being obvious over Nakatsukasa et al in view of Ueda et al. (US 20090018711 A1, hereinafter Ueda) and O’Dea et al. (US 20150293216 A1, hereinafter O’Dea).
As to claim 11, Nakatsukasa does not explicitly disclose the following limitations, but,
Ueda discloses the first information processing device wherein the plurality of functions includes an automatic braking function (par. 0005, … As the in-vehicle function, a lane-deviation alarming function of alarming deviation of the vehicle, an automatic tracking function of automatically tracking movement of a forward vehicle, and a collision alleviation brake function of predicting collision of the vehicle and automatically applying a brake are exemplified. …), and the CPU is further configured to (par. 0012, … the detection process selecting means are configured by, for example, a CPU (Central Processing Unit)):
recognize, based on the recognition process, a group of people in a front image, wherein the front image is associated with the mobile body (par. 0006, detect information on a plurality of targets such as different vehicles, pedestrians, and lanes. …. Further, par. 0047, … The target detecting section 145 includes a road surface status detecting portion 161, a forward person detecting portion 162, a left-side bike detecting portion 163, an interrupt vehicle detecting portion 164, a forward vehicle location detecting portion 165, an object location. Further, par. 0051, The radar section 123 uses beams such as electric waves like millimeter waves and microwaves or laser beams to detect whether a vehicle, a bicycle, a person, an animal, an obstacle … ); and
(pars. 0006, 0047 and 0051).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include the first information processing device wherein the plurality of functions includes an automatic braking function recognize, based on the recognition process, a group of people in a front image, wherein the front image is associated with the mobile body and the recognized group of people, as disclosed by Ueda, for the purpose to detecting device, the detecting method, and the program of effectively detecting information necessary to control a vehicle. (see par. 0002)
O’Dea discloses restrict the automatic braking function based on the absence of the second software on the mobile body (par. 0011, … (level 3 (limited [i.e. restrict] self-driving automation [i.e. auto braking functionality] )—automation at this level enables the driver to cede full control of all safety-critical functions under certain traffic or environmental conditions and to rely heavily on the vehicle to monitor for changes in those conditions that would necessitate transition back to driver control (e.g., the Google car is a limited self driving vehicle that expects the driver to be available for occasional control); level 4 (full self-driving automation)—at this level, the vehicle is designed to perform all safety-critical functions and to monitor roadway conditions for an entire trip, and the design expects that the driver will provide destination and navigation input but is otherwise unavailable for control during the trip (e.g., this includes both occupied and unoccupied vehicles). The present system and method may be used with a vehicle operating at any of the aforementioned automated “levels,” as well as manual or non-automated driving modes),
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include restrict the automatic braking function based on the absence of the second software on the mobile body, as disclosed by O’Dea, for the purpose to enable the driver to cede full control of all safety-critical functions. (see par. 0011)
Claim 12 is rejected under 35 U.S.C. 103 as being obvious over Nakatsukasa et al. in view of Lee et al. (US 20200001868 A1, hereinafter Lee).
As to claim 12, Nakatsukasa does not explicitly disclose the following limitations but,
Lee discloses the first information processing device wherein the CPU is further configured to control presentation of third software information and the presentation of the second software information regarding the update software, and the third software information includes a reason to update the first software (par. 0324-0325, … the server 1540 may update the application (or algorithm, software, etc.) for autonomous driving by identifying the root cause of the occurrence of a specific event based on the tracking of the object, and identifying items that need [i.e. reason to update]to be modified. The server 1540 may transmit information on the updated application to the vehicle (S1520). Through this, an updated application may be applied to the vehicle, and the server and/or the vehicle may prevent the occurrence of a specific event by monitoring the root cause during autonomous driving.).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include the first information processing device according to claim 5, wherein the CPU is further configured to control presentation of third software information and the presentation of the second software information regarding the update software, and the third software information includes a reason to update the first software, as disclosed by Lee, to help prevent occurrence of the event (abstract of Lee)
Claim 13 is rejected under 35 U.S.C. 103 as being obvious over Nakatsukasa et al. and Lee et al. as applied to claim 12 and further in view of Yuki et al. (IDS provided) (JP 2019-21201 A, hereinafter Yuki, Based on English translation attached herein).
As to claim 13, Nakatsukasa as modified by Lee does not explicitly disclose the following limitations but,
Yuki discloses the first information processing device wherein the sensor data includes image data, and the CPU is further configured to:
calculate, as the recognition result, a recognition score that is associated with deterioration of the recognition result (page 6, the weak data to be transmitted may be photographing data itself or image data from which a labeled area is extracted. In the latter case, since the reliability is calculated for each labeled area); and
control, based on the recognition score that is less than a threshold value (“lower than a reference value”), presentation of the image data and the recognition result as the reason update the first software (page 2, … system including a vehicle (5) having a vehicle-mounted camera (40) and a learning server (70), the vehicle including a vehicle-mounted device (10) that performs image recognition processing, and the vehicle mounted The apparatus performs an image recognition process based on image data taken by the in-vehicle camera, and performs an evaluation on the image recognition process, and whether the evaluation is lower than a reference value related to reliability. A notification determining unit (25) for determining and transmitting the image data to the learning server in association with additional information including the evaluation, the image capturing time, and the image capturing position for the image recognition processing when the image capturing data is low [i.e. recognition processing is less] … and the learning result as the vehicle The image determination unit of the in-vehicle device that includes an update unit (86) that notifies the update unit reflects the learning result acquired from the update unit in the image recognition process).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nakatsukasa to include calculate, as the recognition result, a recognition score that is associated with deterioration of the recognition result and control, based on the recognition score that is less than a threshold value (“lower than a reference value”), presentation of the image data and the recognition result as the reason update the first software, as disclosed by Yuki, for the purpose of image data from which a labeled area is extracted. In the latter case, since the reliability is calculated for each labeled area, the amount of communication data between the vehicle 5 and the learning support. (see page 6 of Yuki)
Claim 15 is rejected under 35 U.S.C. 103 as being obvious over Nakatsukasa et al. in view of Yuki at al. and Isogai (US 20030217880 A1, hereinafter Isogai).
As to claim 15, Nakatsukasa discloses the first information processing device wherein the recognition process includes an object recognition process, and the CPU is further configured to:
recognize a specific object (par. 0031, … by controlling a vehicle exterior camera, recognizing a light color of the traffic light or a state of the crossing gate [i.e. specific object] at the railroad crossing from an image capturing an area in front of the vehicle, and recognizing the vehicle speed from a vehicle speed sensor …);
Nakatsukasa does not explicitly disclose the following limitations