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 .
Allowable Subject Matter
Claims 10-15, 28-31 are allowable, but subject to the rejections below. These rejections must be overcome before allowance.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
Claim 10. Wilmer discloses
A method for efficiently storing data in a physical data memory (e.g., updating vehicle software , 0049, invention reduces the size of the difference file 5 for the patch process for processing and for creating the necessary second image 4′ in a file to be stored in an interim memory on a portion of the difference file 5, 0050 Fig. 1), the method comprising:
For Claim 10, the prior art does not teach the following limitations when viewed in combination with the other recited limitations:
storing, by a memory management unit of the physical data memory, a second software image comprising a base image and a plurality of differences from a first software image, wherein the physical data memory is a flash memory; receiving, by the memory management unit, a third software image, wherein the third software image is an update of the second software image, and wherein the received third software image includes a plurality of differences from the second software image and at least one additional difference, wherein the at least one additional difference is one of the plurality of differences from the first software image; transmitting, by the memory management unit, the plurality of differences from the second software image to the physical data memory; and storing, by the memory management unit, the third software image in the physical data memory by storing the transmitted the plurality of differences from the second software image in the physical data memory and maintaining the base image of the second software image and at least one of the plurality of differences from the first software image in a current location in the physical memory; and transmitting, by the memory management unit to a central processing unit external to the physical memory, a memory mapping of the third software image
Claims 11-15 and 28-31 are allowable based on dependency from Claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Claim 10-15, 28-31 are 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.
In Claim 10, there is no showing of support for the recited “additional difference” (lines 9-10 of the claim), from the original disclosure. Detailed support for this amended limitation (“additional difference”) must be shown or the limitation must be removed.
Claims 11-15, 28-31 are rejected based on dependency from Claim 10.
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.
Claims 10-15, 28-31 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 10 recites the limitation "the transmitted" in line 16 approx. There is insufficient antecedent basis for this limitation in the claim.
In claims 10, the recited “additional difference” would have been indefinite to one of ordinary skill in the art at the time of the invention. One of ordinary skill would not have known the metes and bounds of “additional difference,” and what is the additional difference from. For example, the recited “additional difference” is a difference of first software image compared to base image, or whether additional difference is a difference of first software image compared to an external image. Correction is required to clarify the scope of additional difference.
Claims 11-15, 28-31 are rejected based on dependency from Claim 10.
Conclusion
THIS ACTION IS MADE FINAL. 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 GAUTAM SAIN whose telephone number is (571)270-3555. The examiner can normally be reached M-F 9-5.
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/GAUTAM SAIN/Primary Examiner, Art Unit 2135