Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. This office action has been issued in response to amendment filed on 11/13/2025. Claims 1 and 4 have been amended. Claim 5 has been added. Claims 1-5 are pending, of which claims, of which claim 1 is in independent form. Accordingly, this action has been made FINAL.
Response to Argument
3. Applicant's arguments with respect to claims 1-5 have been considered but are moot in view of the new ground(s) of rejection using prior art Noda (US 20210001792) to teach new limitations in independent claim 1.
Status of Claims
4. Claims 1-5 are pending, of which claims, of which claim 1 is in independent form.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5.. Claims 1-5 invoked 112(f). This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: units in on-board electronic control unit, units in update device, units in server in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 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.
6. Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Harata et al. (US 20210157570) and further in view of Noda (US 20210001792).
Claim 1 is rejected, Harata teaches a software update system configured to perform a process for updating software of an on-board electronic control unit, the software update system comprising (Harata, abstract and summary):
a server configured to store divided packages obtained by dividing update data for the software into a plurality of pieces in association with package identifiers of the divided packages (Harata, US 20210157570, fig. 6, File server – 8, Reprogramming data and para [0319-0321], Next, a distribution package distributed from the center device 3 to the master device 11 will be described. As illustrated in FIG. 6, in the vehicle program rewriting system 1, reprogramming data including write data provided from a supplier as a provider of an application program and rewrite specification data (corresponding to specification data) provided from an OEM is generated. The rewrite specification data may be generated by the center device 3. The write data provided from the supplier includes difference data corresponding to a difference between an old application program and a new application program, and the entire data corresponding to the whole of the new application program. The difference data or the entire data may be compressed by using a well-known data compression technique. FIG. 6 exemplifies a case where difference data is provided as write data from suppliers A to C, and reprogramming data is generated from encrypted difference data and an authenticator of the ECU (ID1) provided from the supplier A, encrypted difference data and an authenticator of the ECU (ID2) provided from the supplier B, and encrypted difference data and an authenticator of the ECU (ID3) provided from the supplier C, and rewrite specification data provided from the OEM. Para [0365], a plurality of pieces of write data for the respective a plurality of rewrite target ECUs 19 are stored in the distribution package. Here, there are two rewrite target ECUs 19, and the two rewrite target ECUs 19 will be referred to as a rewrite target ECU (ID1) and a rewrite target ECU (ID2). The ECUs 19 other than the rewrite target ECU (ID1) and the rewrite target ECU (ID2) will be referred to as other ECUs.);
the on-board electronic control unit configured to perform the process for updating the software (Harata, fig. 51 and para [0462], As illustrated in FIG. 51, the ECU 19 includes a write data receiving unit 101 and a program rewriting unit 102. The write data receiving unit 101 receives write data from the CGW 13. When the write data is received from the CGW 13 by the write data receiving unit 101, the program rewriting unit 102 writes the received write data into a flash memory and thus rewrites an application program. In addition to the above-described configuration, the ECU 19 includes a difference data consistency determination unit 103, a rewrite execution control unit 104, a session establishment unit 105, a retry point specifying unit 106, an activation execution control unit 107, and a self-retention power execution control unit 108 as a configuration of performing the characteristic processes. The functional blocks performing the characteristic processes will be described later.); and
a plurality of update devices each configured to be communicatively connected to the on-board electronic control unit and transmit the divided package received from the server to the on-board electronic control unit while being communicatively connected to the on- board electronic control unit, wherein (Harata, fig. 1, component 11 – master device, component 12 – DCM, component 13 – CGW and para [0289-0290], he vehicle-side system 4 has a master device 11 (corresponding to a vehicle master device). The master device 11 includes a data communication module (DCM) 12 (corresponding to an in-vehicle communication device) and a central gate way (CGW) 13 (corresponding to a vehicle gateway device). The DCM 12 and the CGW 13 are connected to each other via a first bus 14 to be able to perform data communication. The DCM 12 performs data communication with the center device 3 via the communication network 2. When the DCM 12 downloads the distribution package from the file server 8, the DCM extracts write data from the downloaded distribution package and transfers the extracted write data to the CGW 13. Para [0291], The master device 11 controls a program update function of the vehicle side in the vehicle program rewriting system 1, and functions as an OTA master. In FIG. 1, although the DCM 12 and the in-vehicle display 7 are configured to be connected to the same first bus 14 as an example, the DCM 12 and the in-vehicle display 7 may be configured to be connected to separate buses. The CGW 13 may have some or all of the functions of the DCM 12, or the DCM 12 may have some or all of the functions of the CGW 13. That is, in the master device 11, function sharing between the DCM 12 and the CGW 13 may be configured in any manner. The master device 11 may be configured with two ECUs such as the DCM 12 and the CGW 13, or may be configured with a single integrated ECU having the functions of the DCM 12 and the functions of the CGW 13.)
the on-board electronic control unit includes:
an update information storage unit configured to generate and store update information including the package identifier of the received divided package and an update device identifier of the update device that is communicatively connected (Harata, fig. 51, component 101 – Write data receiving unit and para [0462], The write data receiving unit 101 receives write data from the CGW 13.);
an update information transmission unit configured to transmit the update information to the update device that is communicatively connected (Harata, para [0322], The ECU information includes address information, or the like referenced when an update program (write data) of each rewrite target ECU 19 is transmitted to the CGW 13 by the number of rewrite target ECUs 19. Para [0366-0367], When the transmission condition for the version notification signal is established, the rewrite target ECU (ID1) transmits the version notification signal including version information of an application program stored therein and an ECU (ID) that can identify the ECU to the master device 11.);
a package reception unit configured to receive the divided package from the update device that is communicatively connected (Harata, fig. 51, component 101 – Write data receiving unit and para [0462], The write data receiving unit 101 receives write data from the CGW 13.); and
an update processing unit configured to perform the process for updating the software based on the received divided package (Harata, fig. 51, component 102 – Program rewriting unit and para [0462], the program rewriting unit 102 writes the received write data into a flash memory and thus rewrites an application program);
the update device includes:
a first transmission unit configured to transmit the update information received from the on-board electronic control unit to the server while being communicatively connected to the on-board electronic control unit (Harata, fig. 48, component 61 – Download request transmission unit; and para [0458-0459], the download request transmission unit 61 transmits a download request for a distribution package to the center device 3. )
a second transmission unit configured to transmit the divided package received from the server to the on-board electronic control unit while being communicatively connected to the on-board electronic control unit (Harata, fig. 48, component 62 – Distribution package download unit, component 66 – Rewrite specification data transfer unit and para [0458-0459], The distribution package download unit 62 downloads the distribution package from the center device 3… the rewrite specification data transfer unit 66 transfers the extracted rewrite specification data to the CGW 13. Fig. 49, component 73 – Write data distribution unit and para [0460], the write data distribution unit 73 distributes the acquired write data to the rewrite target ECU 19 when the distribution timing of the write data is reached.)
the server includes:
a storage unit configured to store the divided packages and the package identifiers in association with each other(Harata, fig. 6, File server – 8, Reprogramming data and para [0319-0321], Next, a distribution package distributed from the center device 3 to the master device 11 will be described. As illustrated in FIG. 6, in the vehicle program rewriting system 1, reprogramming data including write data provided from a supplier as a provider of an application program and rewrite specification data (corresponding to specification data) provided from an OEM is generated. The rewrite specification data may be generated by the center device 3. The write data provided from the supplier includes difference data corresponding to a difference between an old application program and a new application program, and the entire data corresponding to the whole of the new application program. The difference data or the entire data may be compressed by using a well-known data compression technique. FIG. 6 exemplifies a case where difference data is provided as write data from suppliers A to C, and reprogramming data is generated from encrypted difference data and an authenticator of the ECU (ID1) provided from the supplier A, encrypted difference data and an authenticator of the ECU (ID2) provided from the supplier B, and encrypted difference data and an authenticator of the ECU (ID3) provided from the supplier C, and rewrite specification data provided from the OEM. Para [0365], a plurality of pieces of write data for the respective a plurality of rewrite target ECUs 19 are stored in the distribution package. Here, there are two rewrite target ECUs 19, and the two rewrite target ECUs 19 will be referred to as a rewrite target ECU (ID1) and a rewrite target ECU (ID2). The ECUs 19 other than the rewrite target ECU (ID1) and the rewrite target ECU (ID2) will be referred to as other ECUs.;
an update information reception unit configured to receive the update information transmitted from the update device (Harata, fig. 47, fig. 53 and para [0467-0468], As illustrated in FIG. 53, the center device 3 includes a software information acquisition unit 52a, an update availability determination unit 52b, an update propriety determination unit 52c, and a campaign information transmission unit 52d in the distribution package transmission determination unit 52. The software information acquisition unit 52a acquires software information of each ECU 19 from the vehicle side. Specifically, the software information acquisition unit 52a acquires ECU configuration information including software information such as a version and a write bank and hardware information from the vehicle side.);
an extraction unit configured to extract the divided package that has not been received by the on-board electronic control unit from the divided packages stored in the storage unit based on the package identifier of the received divided package included in the received update information(Harata, fig. 53 and para [0467-0468], When the software information is acquired by the software information acquisition unit 52a, the update availability determination unit 52b determines whether or not availability of update data for the vehicle on the basis of the acquired software information. That is, the update availability determination unit 52b compares a version of the acquired software information with a version of the latest software information managed by the update availability determination unit 52b, to determine whether both of the versions match each other, and thus determines availability of update data for the vehicle. The update availability determination unit 52b determines that there is no update data for the vehicle when it is determined that both of the versions match each other, and determines that update data for the vehicle is available when it is determined that both of the versions do not match each other.); and
a package transmission unit configured to transmit the extracted divided package to the update device associated with the update device identifier included in the received update information (Harata, fig. 47 and para [0457], ] As illustrated in FIG. 47, the center device 3 includes a distribution package transmission unit 51. When a download request for a distribution package is received from the DCM 12, the distribution package transmission unit 51 transmits the distribution package to the DCM 12. In addition to the above-described configuration, the center device 3 includes a distribution package transmission determination unit 52, a progress state synchronization control unit 53, a display control information transmission control unit 54, and a write data selection unit 55 (corresponding to an update data selection unit) as a configuration of performing the characteristic processes. When data storage bank information is received from the master device 11, the write data selection unit 55 (corresponding to an update data selection unit) selects write data compliant to an inactive bank on the basis of a software version and an active bank specified by the received data storage bank information. That is, the distribution package transmission unit 51 transmits the distribution package including the write data selected by the write data selection unit 55 to the DCM 12. The functional blocks performing the characteristic processes will be described later.).
Harata does not explicitly teach
while updating the on-vehicle device using a first update device configured to perform wireless communication, the first update device is switched to a second update device configured to perform wired communication and perform the updating process.
However, Noda teaches
while updating the on-vehicle device using a first update device configured to perform wireless communication, the first update device is switched to a second update device configured to perform wired communication and perform the updating process(Noda, US 20210001792, fig. 6 and column 13, line 59 to column 14 line 9, Assume that partial data relating to update data of the control program Pa is input from the diagnostic tool 20 to the first input/output unit 41 of the relay apparatus 10 via wired communication while partial data relating to update data of the control program Pa is being repeatedly input to the second input/output unit 42. In this case, the control unit 44 deletes, from the storage unit 43, all partial data that has been input from the wireless device 13 to the second input/output unit 42 and stored in the storage unit 43, and stops storing partial data input to the second input/output unit 42. Then, the control unit 44 instructs the second input/output unit 42 to output transmission stop data to the wireless device 13. As a result, the wireless device 13 wirelessly transmits the transmission stop data to the server 30, and the server 30 stops repeated transmission of partial data relating to update data of the control program Pa. The control unit 44 functions as a deletion unit. The second input/output unit 42 also functions as an output unit. Column 1, line 38 to 51, A diagnostic tool is usually operated by a dealer. Updating of a control program that is performed using update data input from a diagnostic tool is highly likely to be performed by a dealer in a shop, a factory, etc., to which a vehicle has been brought, to find a cause of a problem in processing, for example. On the other hand, updating of a control program that is performed using update data received via wireless communication is highly likely to be performed at an unspecified location after receiving permission from an occupant of the vehicle, for example. In view of the above circumstances, updating of a control program performed using update data input from a diagnostic tool is more important than updating of a control program performed using update data received via wireless communication.).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Noda into Harata's to transmit partial data to processing device using wired and wireless communication as suggested by Noda (See abstract and summary).
Noda also teaches
dividing update data for the software into a plurality of pieces(Noda, para [0008-0012], partial data being a portion of update data that is used to update a control program. Para [0093-0096], The diagnostic tool 20 repeatedly outputs partial data relating to update data of the control program Pa until output of Na pieces of partial data is complete. The control unit 44 stores the Na pieces of partial data in the storage unit 43.).
Claim 2 is rejected for the reasons set forth hereinabove for claim1, Harata and Noda teach the software update system according to claim 1, wherein the update information storage unit is configured to update the update information each time reception of the divided package is completed (Harata, fig. 51 and para [0462], As illustrated in FIG. 51, the ECU 19 includes a write data receiving unit 101 and a program rewriting unit 102. The write data receiving unit 101 receives write data from the CGW 13. When the write data is received from the CGW 13 by the write data receiving unit 101, the program rewriting unit 102 writes the received write data into a flash memory and thus rewrites an application program. In addition to the above-described configuration, the ECU 19 includes a difference data consistency determination unit 103, a rewrite execution control unit 104, a session establishment unit 105, a retry point specifying unit 106, an activation execution control unit 107, and a self-retention power execution control unit 108 as a configuration of performing the characteristic processes. The functional blocks performing the characteristic processes will be described later. Para [0299], The aspect in which the application program is rewritten in a wireless manner is an aspect in which the rewrite target ECU 19 is rewritten by using an application program acquired from the outside of the vehicle in a wireless manner. Specifically, when a distribution package is downloaded from the file server 8, the DCM 12 extracts write data from the downloaded distribution package, and transfers the write data to the CGW 13. The CGW 13 functions as a rewrite tool, instructs the rewrite target ECU 19 to write (install) the write data, and distributes the write data transferred from the DCM 12 to the rewrite target ECU 19.);
Claim 3 is rejected for the reasons set forth hereinabove for claim1, Harata and Noda teach the software update system according to claim 1, wherein the package transmission unit is configured to determine priority levels of transmission of a plurality of the extracted divided packages based on a communication method between the on-board electronic control unit and the update device identified by the update device identifier included in the received update information, and transmit the divided packages based on the determined priority levels(Harata, para [0282], wired and wireless. Para [0298], As an aspect of rewriting the application program, there are a wired rewrite aspect and a wireless rewrite aspect. The aspect in which the application program is rewritten in a wired manner is an aspect in which the rewrite target ECU 19 is rewritten by using an application program acquired from the outside of the vehicle in a wired manner. Specifically, when the tool 23 is connected to the DLC connector 22, the tool 23 transfers the write data to the CGW 13. The CGW 13 functions as a gateway, transmits a wired rewrite request to the rewrite target ECU 19, instructs the rewrite target ECU 19 to write (install) the write data, and distributes the write data transferred from the tool 23 to the rewrite target ECU 19. Distributing the write data to the rewrite target ECU 19 is to relay the write data. Para [0299], The aspect in which the application program is rewritten in a wireless manner is an aspect in which the rewrite target ECU 19 is rewritten by using an application program acquired from the outside of the vehicle in a wireless manner. Specifically, when a distribution package is downloaded from the file server 8, the DCM 12 extracts write data from the downloaded distribution package, and transfers the write data to the CGW 13. The CGW 13 functions as a rewrite tool, instructs the rewrite target ECU 19 to write (install) the write data, and distributes the write data transferred from the DCM 12 to the rewrite target ECU 19. Noda, US para [0008-0012], partial data being a portion of update data that is used to update a control program. Para [0093-0096], The diagnostic tool 20 repeatedly outputs partial data relating to update data of the control program Pa until output of Na pieces of partial data is complete. The control unit 44 stores the Na pieces of partial data in the storage unit 43.).
Claim 5 is rejected for the reasons set forth hereinabove for claim1, Harata and Noda teach the software update system according to claim 1, wherein, based on the first update device being switched to the second update device, the update information storage unit is further configured to update the update device identifier included in the update information (Noda, column 10, line 66 to column 11, line 8, A value of a flag (hereinafter referred to as a “Pa flag”) relating to the control program Pa is stored in the storage unit 43. The value of the Pa flag is set to 0 or 1 by the control unit 44. The value of the Pa flag being 0 indicates that partial data relating to update data of the control program Pa is not being repeatedly input from the diagnostic tool 20 to the first input/output unit 41. The value of the Pa flag being 1 indicates that partial data relating to update data of the control program Pa is being repeatedly input from the diagnostic tool 20 to the first input/output unit 41.).
7. Claim 4 are rejected under 35 U.S.C. 103 as being unpatentable over Harata et al. (US 20210157570), in view of Noda (US 20210001792) and further in view of Compton (US 20080225736).
With respect to claim 4, Harata and Noda do not explicitly teach all limitations of claim 4.
However, Compton teaches
Claim 4 is rejected for the reasons set forth hereinabove for claim1, Harata, Noda and Compton teach the software update system according to claim 3, wherein the package transmission unit is configured to: when the communication method between the on-board electronic control unit and the update device identified by the update device identifier is the second update device configured to perform wired communication, determine the priority levels to first transmit the divided package with a larger data amount among the divided packages to be transmitted; and when the communication method between the on-board electronic control unit and the update device identified by the update device identifier is the first update device configured to perform wireless communication, determine the priority levels to first transmit the divided package with a smaller data amount among the divided packages to be transmitted (Compton, US 20080225736, para [0021], The present invention may allot transmission of the data package 30 so as to both prevent disruption to other data communication with respect to the device or system 20 and to allow at least the highest priority data of the data package to be transmitted to the receiver 40. Fig. 3 and ara [0033], in step 170, the transmission allocation module 130 breaks the data package 30 into segments 175, 176, 177, each of which fits within the predetermined maximum time limit 60. The number of segments will depend on the size of the data package and the method of arranging the segments. In step 180, the transmission allocation module 130 ascertains the information in the segments or repackages the segments, and determines given priorities or assigns priorities to each of the segments in accordance with information within that segment, and sorts the segments by priority. For example, information indicating the presence of a problem or problems may have the highest priority, and information useful for diagnosing problems may have the next highest priority. Information monitoring system health may have the lowest priority. Para [0034], In step 185, the transmission allocation module 130 allots transmission via the open connection to the one of the segments 175, 176, 177, having the highest priority, and the device or system 20 will transmit the segment of the data package via network 50 to receiver 40 as per the appropriate protocols. In step 190, the transmission allocation module 130 queues the remaining segments, for example, in queue 192. After the data package has been sent, the connection is closed in step 160. Closing the connection will allow similar or different connections to be established to conduct the more operational communications of the device or system 20.Para [0037-0038], The priorities of the files may be previously given or the transmission allocation module 130 may assign priorities in accordance with information within the file, or some other basis. Noda, fig. 6 and column 13, line 59 to column 14 line 9, Assume that partial data relating to update data of the control program Pa is input from the diagnostic tool 20 to the first input/output unit 41 of the relay apparatus 10 via wired communication while partial data relating to update data of the control program Pa is being repeatedly input to the second input/output unit 42. In this case, the control unit 44 deletes, from the storage unit 43, all partial data that has been input from the wireless device 13 to the second input/output unit 42 and stored in the storage unit 43, and stops storing partial data input to the second input/output unit 42. Then, the control unit 44 instructs the second input/output unit 42 to output transmission stop data to the wireless device 13. As a result, the wireless device 13 wirelessly transmits the transmission stop data to the server 30, and the server 30 stops repeated transmission of partial data relating to update data of the control program Pa. The control unit 44 functions as a deletion unit. The second input/output unit 42 also functions as an output unit. Column 1, line 38 to 51, A diagnostic tool is usually operated by a dealer. Updating of a control program that is performed using update data input from a diagnostic tool is highly likely to be performed by a dealer in a shop, a factory, etc., to which a vehicle has been brought, to find a cause of a problem in processing, for example. On the other hand, updating of a control program that is performed using update data received via wireless communication is highly likely to be performed at an unspecified location after receiving permission from an occupant of the vehicle, for example. In view of the above circumstances, updating of a control program performed using update data input from a diagnostic tool is more important than updating of a control program performed using update data received via wireless communication.).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Compton into Harata and Noda to prevent failure of a large transmission even on a slow connection. The length of time is considered in view of the maximum transmission time. This is realized even if the networks have different speeds, quality-of-service levels, noise levels, packet loss, and transmission timeout values. A flexible remote access to a sending device is achieved. There is decreased amount of time for availability of vital problem information. as suggested by Compton (See abstract and summary).
Conclusion
8. 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 DUY KHUONG THANH NGUYEN whose telephone number is (571)270-7139. The examiner can normally be reached Monday - Friday 0800-1630.
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/DUY KHUONG T NGUYEN/ Primary Examiner, Art Unit 2199