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 .
DETAILED ACTION
1. This Office Action is in response to the amendment filed on 12/04/2025. Claims 1-8 are pending in this application. Claims 1, 5, 6 and 7 are independent claims. Claim 8 is newly added.
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (US PGPub 20210219115), in view of Wehrman (US PGPub 20150363210), and further in view of Kiyama (US PGPub 20180074811).
As per Claim 1, Ogawa teaches of vehicle comprising: a communication device configured to execute communication between the vehicle and a mobile terminal device of a user that is different and separate from a display device mounted on the vehicle; (Fig. 1 and Par 32, In a case where the user updates the application program of the ECU 16 from outside of the vehicle, the user can input operation while checking various screens related to the update of the application program on the mobile terminal 4 [different and separate from the vehicle], and perform the procedure related to the update of the application program. That is, the user can properly use the on-board display 17 inside the vehicle and use the mobile terminal 4 from outside of the vehicle, and can perform procedure related to the update of the application program. Par 3-4, There has been known a center device which wirelessly distributes content data to vehicles using technology of connected cars.)
a control device configured to control the vehicle; (Par 23, The content data distributed from the center device to the vehicle includes reprogramming data for updating an application program related to vehicle control and diagnosis of an ECU mounted on the vehicle, map data stored in the ECU, or the like. Usually, such content data has a large amount of data. Par 30, The ECUs 16 [control device] connected to the body network bus include, for example, a door ECU for controlling locking/unlocking of doors, a meter ECU for controlling a meter display, an air conditioning ECU for controlling an air conditioner, a window ECU for controlling opening/closing of windows.)
transmit information … to the mobile terminal device by using the communication device … in response to a transmission request from the mobile terminal device (Par 24, The mobile terminal 4 may be provided by a smartphone or a tablet having a web browser. The center device 2, the vehicle system 3, and the mobile terminal 4 are configured to be communicable with one another via a communication network 5. Par 32, In a case where the user updates the application program of the ECU 16 from outside of the vehicle, the user can input operation [request] while checking various screens related to the update of the application program on the mobile terminal 4 [outside the vehicle], and perform the procedure related to the update of the application program. That is, the user can properly use the on-board display 17 inside the vehicle and use the mobile terminal 4 from outside of the vehicle, and can perform procedure related to the update of the application program.)
Ogawa does not specifically teach, however Wehrman teaches to transmit information on first progress among the plurality of types of progress [to the mobile terminal device] by using the communication device; and (Par 44, When the nomadic device 53 is returned to the vehicle 31, the update retrieval application 218 may be configured to provide the downloaded software updates 206 to the VCS 1. The update retrieval application 218 may also be configured to provide status information [the information on first progress such as downloading status] to the update management application 216 of the VCS 1 indicating what software updates 206 or portions of software updates 206 have been downloaded. As another possibility, the update management application 216 may be configured to query the nomadic device 53 for the status of any downloaded software updates 206, and the update retrieval application 218 may be configured to respond with any downloaded software updates 206, as well as with status information indicating what software updates 206 or portions of software updates 206 have been downloaded. Fig. 3 and Par 43, FIG. 3 illustrates an exemplary user interface 300 of the vehicle system 200 for receiving consent from the user to download software updates 206 for the vehicle 31 by the nomadic device 53.)
transmit information on second progress different from the first progress among the plurality of types of progress [to the mobile terminal device] by using the communication device in response to a transmission request [from the mobile terminal device]. (Fig. 4 and par 48, The user interface 400 may further include controls configured to receive an indication from the user whether the user would like to view details of the updates installed by the update management application 216. As an example, the user interface 400 may include a details control 406 for receiving an indication from the user that the user would like to view details of the installed software updates 206, and a close control 408 for receiving an indication from the user does not desire to view the installation details. The installation details may include information such as which vehicle modules 202 were updated and what versions of software updates 206 were installed. As the software updates 206 may be installed by the update management application 216 automatically, the message prompt 402 may accordingly allow the user to be informed of the status of the automatic vehicle 31 updates. Par 60, FIG. 7 illustrates an exemplary process 700 for installing downloaded software updates 206 to the vehicle 31. Thus, the installation status [the second progress] can be displayed to the user after the request only after the download status [first progress] is displayed to the user. Par 37, For example, the update server 210 may be configured to receive requests for available software updates 206 from vehicles 31. The requests may include vehicle information 204 to allow the update server 210 to query the software data store 208 for software updates 206 applicable to the vehicle 31 as it is currently configured. The update server 210 may provide, responsive to the requests, indications of software updates 206 to update the requesting vehicle 31 that may be downloaded and installed.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add transmitting information on first progress among the plurality of types of progress [to the mobile terminal device] by using the communication device; and transmitting information on second progress different from the first progress among the plurality of types of progress [to the mobile terminal device] by using the communication device in response to a transmission request [from the mobile terminal device], as conceptually seen from the teaching of Wehrman, into that of Ogawa because this modification can help visualize update process and installation process of the software program of the control device [e.g. ECU] in vehicle to inform the user of the progress status in order to improve performance, enhancing safety and adding new features for the vehicles.
Neither Ogawa nor Wehrman specifically teaches, however Kiyama teaches to acquire a plurality of types of progress in a process of updating software of the control device (Fig 3 and a plurality of types of progress status 512 and par 51, The status 512 is information indicating how much the update case specified by the update case ID 510 has progressed in the vehicle 200 specified by the VIN 511. The status 512 manages a progress status of an update case on the basis of a state such as whether or not the downloading of update software has been completed, whether or not the permission of installation has been obtained from a user (whether or not installation is being currently performed), or whether or not installation has been completed. Par 5-6, According to an aspect of the present invention, there is provided a software update system that manages updating of software of a control device mounted on a vehicle and there is provided a server that manages updating of software of a control device mounted on a vehicle, the server including an update software distribution unit that distributes update software for updating the software of the control device to the vehicle.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add acquiring a plurality of types of progress in a process of updating software of the control device, as conceptually seen from the teaching of Kiyama, into that of Ogawa and Wehrman because this modification can help update the software program of the control device in vehicle using a software update server with progress status indication in order to improve performance, enhancing safety and adding new features for the vehicles.
As per Claim 2. Wehrman further teaches of the vehicle according to claim 1, wherein the first progress includes at least one of progress of transmission of update information for the software to the vehicle and (Par 44, The update retrieval application 218 may also be configured to provide status information to the update management application 216 of the VCS 1 indicating what software updates 206 or portions of software updates 206 have been downloaded. As another possibility, the update management application 216 may be configured to query the nomadic device 53 for the status of any downloaded software updates 206, and the update retrieval application 218 may be configured to respond with any downloaded software updates 206, as well as with status information indicating what software updates 206 or portions of software updates 206 have been downloaded.)
progress of an update process for the software in the vehicle. (Par 63, At operation 706, the update management application 216 notifies the user of the completed update. For example, the update management application 216 may present the message prompt 402 to the user via the display 4 to inform the user of the installation of software updates 206 to the vehicle 31. After operation 706, the process 700 ends.)
As per Claim 3, Wehrman does not specifically teach, however Kiyama teaches of the vehicle according to claim 1, wherein the control device is configured to transmit the information on the second progress to the mobile terminal device when the transmission request is received from the mobile terminal device before an update process for the software is completed. (Par 67, On the other hand, in a case where it is determined that there is an update case for which updating has not yet been completed (S701: Yes), the update information display unit 232 notifies a user that the installation of update software is started, by using the input and output device 234 (step S702). Here, the update information display unit 232 confirms update contents with reference to the update software which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add transmitting the information on the second progress to the communication instrument when the transmission request is received from the communication instrument before an update process for the software is completed, as conceptually seen from the teaching of Kiyama, into that of Wehrman because this modification can help update the software program of the control device in vehicle using a software update server with progress status indication in order to improve performance, enhancing safety and adding new features for the vehicles.
As per Claim 4. Wehrman does not specifically teach, however Kiyama teaches of the vehicle according to claim 1, wherein the display device is configured to notify an occupant of the vehicle about the plurality of types of progress. (Par 51, The status 512 is information indicating how much the update case specified by the update case ID 510 has progressed in the vehicle 200 specified by the VIN 511. The status 512 manages a progress status of an update case on the basis of a state such as whether or not the downloading of update software has been completed, whether or not the permission of installation has been obtained from a user (whether or not installation is being currently performed), or whether or not installation has been completed. Par 67-68, Here, the update information display unit 232 confirms update contents with reference to the update software which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215. The confirmed update contents are output to the input and output device 234 of the navigation terminal 230 and are displayed on the screen thereof, the user is notified of updating. Further, at this time, choices regarding whether to permit updating are displayed together on the screen, and the user is caused to select any choice in the input and output device 234.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add notifying an occupant of the vehicle about the plurality of types of progress, as conceptually seen from the teaching of Kiyama, into that of Wehrman because this modification can help update the software program of the control device in vehicle using a software update server with progress status indication in order to improve performance, enhancing safety and adding new features for the vehicles.
Re Claim 5, it is the method claim, having similar limitations of claim 1. Thus, claim 5 is also rejected
under the similar rationale as cited in the rejection of claim 1.
Re Claim 6, it is the system claim, having similar limitations of claim 1. Thus, claim 6 is also rejected
under the similar rationale as cited in the rejection of claim 1.
However, Wehrman teaches of the following limitations different from the claim 1 such as a communication system comprising: a server configured to communicate with the vehicle; and (Fig. 2 and par 56, data connection 212 is established between ND 32 [communication device] and a vehicle-based computing system 1 (VCS, different from vehicle modules 202-A, 202-B and 202-C) [communication instrument] in vehicle 31. Par 18, Provided within the vehicle 31, the processor 3 allows onboard processing of commands and routines. Par 20, Outputs to the VCS system 1 can include, but are not limited to, a visual display 4 [terminal] and a speaker 13 or stereo system output. Par 32, The system 200 may include the VCS 1 in communication over the network 61 with an update server 210 (e.g., directly, or via the nomadic device 53).
a server configured to communicate with the vehicle, and (Par 4, a system includes a vehicle computing system configured to receive, from an update server, an indication of a software update. Par 32, FIG. 2 illustrates an exemplary vehicle 31 system 200 for providing software updates 206 to the vehicle 31 by way of a nomadic device 53. The system 200 may include the VCS 1 in communication over the network 61 with an update server 210 (e.g., directly, or via the nomadic device 53).)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add a communication system comprising: a server configured to communicate with the vehicle; and a server configured to communicate with the vehicle, as conceptually seen from the teaching of Wehrman, into that of Ogawa because this modification can help visualize update process and installation process of the software program of the control device [e.g. ECU] in vehicle to inform the user of the progress status in order to improve performance, enhancing safety and adding new features for the vehicles.
Kiyama teaches to transmit update information to be used for updating software of the control device, (Par 61, The update software and the update information which are transmitted from the telematics center 100 in step S615 are received by the communication unit 220 in the software updating device 210 of the vehicle 200 (step S605). Par 59, This update information indicates influence on the operation of the vehicle 200 in a case where the updating of software for each ECU mounted on the vehicle 200 which is a request source has not been successful. Par 76, Here, the ECU software updating unit 214 performs the determination in step S803 on the basis of the update information which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add transmitting update information to be used for updating software of the control device, as conceptually seen from the teaching of Kiyama, into that of Ogawa and Wehrman because this modification can help update the software program of the control device in vehicle using a software update server with progress status indication in order to improve performance, enhancing safety and adding new features for the vehicles.
Re Claim 7, it is the product system claim, having similar limitations of claim 1. Thus, claim 7 is also rejected under the similar rationale as cited in the rejection of claim 1.
As per Claim 8, neither Ogawa nor Wehrman specifically teaches, however Kiyama teaches of the vehicle according to claim 1, wherein the first progress and second progress are different types of progress from the plurality of types of progress that includes progress of the update data download process, completion of the download process, progress of the installation process, and completion of the installation process. (Fig 3 and a plurality of types of progress status 512, Par 51, The status 512 manages a progress status of an update case on the basis of a state such as whether or not the downloading of update software has been completed, whether or not the permission of installation has been obtained from a user (whether or not installation is being currently performed), or whether or not installation has been completed. The update date and time 513 is information indicating the date and time when the updating is executed in a case where the updating of the update case has been completed. The update execution position 514 is information indicating positional information of the vehicle 200 when the updating of the update case is executed. It’s obvious that the first progress indicates the update download progress while the second progress indicates update installation progress, where the first progress type is different from the second progress type.)
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the claimed invention to add the first progress and second progress are different types of progress from the plurality of types of progress that includes progress of the update data download process, completion of the download process, progress of the installation process, and completion of the installation process, as conceptually seen from the teaching of Kiyama, into that of Ogawa and Wehrman because this modification can help update the software program of the control device in vehicle using a software update server with progress status indication in order to improve performance, enhancing safety and adding new features for the vehicles.
Response to Arguments
5. Applicant’s argument with respect to claims 1, 5, 6 and 7 as well as their dependent claims of the remark on pages 6-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JAE U JEON/Primary Examiner, Art Unit 2193