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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 4-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1 recite(s):
communicate with the human-machine interface and a server via a network, and
perform the software update through a plurality of phases including: downloading the update data of the software from the server, installing the software on in-vehicle equipment to be updated, and activating the software,
wherein the memory is configured to store user data indicating whether user consent is necessary at each phase of the plurality of phases for each type of software from among a plurality of types of software,
the user data is set based on a user selection obtained via a plurality of buttons of the human-machine interface for selecting whether the user consent is necessary for the plurality of phases, the plurality of types of software includes a first type of software of which a function restriction of the vehicle occurs during the update
the processor is configured to: refer to the user data to determine whether the user consent is necessary at each phase based on a type of the software to be updated;
perform each phase of the software update automatically in a case where the user data indicates that the user consent is not necessary;
and instruct the HMI, or a mobile terminal of a user, to display a consent request screen to the user for each phase that needs the user consent, the consent request screen including a user operable element to indicate that the user consent is given to perform a phase of the software update in a case where the user data indicates that the user consent is necessary and perform the phase of the software update for which the user consent is received,
and the processor is further configured to: determine whether the software to be updated is the first type of software;
determine that the user consent is necessary in a case where determination is made that the software to be updated is the first type of software;
and determine that the user consent is not necessary in a case where determination is made that the software to be updated is not the first type of software.
Step 1: are the claims to a process, machine, manufacture, or a composition of matter?
Yes. Claim 1 is a machine
Step 2A, Prong I; Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Yes: (an) abstract idea(s).
The limitation of "determine", as drafted in #5 and #8-10 above, under its broadest reasonable interpretation, covers performance of the mind, but for generic computer parts. That is, other than reciting "a processor", nothing in the claim element precludes the step from being performed by a person.
Step 2A Prong II: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The "perform the software update" limitation in #2 above. As claimed and under BRI, is an additional element that is mere instructions to apply an exception. For example, "perform the software update" in the context of this claim encompasses merely executing update code and downloading. See in the MPEP §§2106.05(f).
The “user data is set based on a user selection" limitation in #2 above. As claimed and under BRI, is an additional element that is mere instructions to apply an exception. For example, “user data is set" in the context of this claim encompasses merely pressing buttons to user preference. See in the MPEP §§2106.05(f).
The "perform each phase of the software update" limitation in #6 above. As claimed and under BRI, is an additional element that is mere instructions to apply an exception. For example, "perform each phase of the software update" in the context of this claim encompasses merely executing update code and downloading. See in the MPEP §§2106.05(f).
The "communicate" limitations in #1 above, as claimed and under BRI, is an additional element that is insignificant extra-solution activity. For example, "communicate with.. via a network" in the context of this claim encompasses mere data transmission. See in the MPEP §§ 2106.05(g).
The "memory configured to store update data" limitations in #3 above, as claimed and under BRI, is an additional element that is insignificant extra-solution activity. For example, "store update data" in the context of this claim encompasses merely storing data to use later. See in the MPEP §§ 2106.05(g).
The "display a consent request screen" limitations in #7 above, as claimed and under BRI, is an additional element that is insignificant extra-solution activity. For example, "display" in the context of this claim encompasses mere data transmission. See in the MPEP §§ 2106.05(g).
Additionally, the claims recite the following additional element:
an in vehicle device,
a HMI,
a vehicle,
a memory,
a processor,
a network,
a server,
in-vehicle equipment,
buttons
The element that is recited in the claims are stated at a high level of generality (i.e. as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using generic computer component. See the MPEP §§ 2106.05(f). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea(s).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using generic computer components cannot provide the inventive step.
Additionally, with regards to #1, 3, and 7 above, per MPEP 2106.05(d)(ll), the courts have recognized the following computer function(s) as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information);
Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Claim(s) 4 recite(s):
wherein the processor is further configured to make the inquiry through the human-machine interface mounted on the vehicle.
Step 1: are the claims to a process, machine, manufacture, or a composition of matter?
Yes. Claim 4 is a machine
Step 2A, Prong I; Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Yes: (an) abstract idea(s).
Step 2A Prong II: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The limitations in #11 above, as claimed and under BRI, is an additional element that is insignificant extra-solution activity. For example, "make the inquiry" in the context of this claim encompasses mere data gathering. See in the MPEP §§ 2106.05(g).
Additionally, the claims recite the following additional element:
the processor
Human-machine interface
vehicle
The element that is recited in the claims are stated at a high level of generality (i.e. as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using generic computer component. See the MPEP §§ 2106.05(f). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea(s).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using generic computer components cannot provide the inventive step.
Additionally, with regards to #11 above, per MPEP 2106.05(d)(ll), the courts have recognized the following computer function(s) as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information);
Claim(s) 5 recite(s):
wherein the processor is further configured to make the inquiry through a mobile terminal of the user.
Step 1: are the claims to a process, machine, manufacture, or a composition of matter?
Yes. Claim 5 is a machine
Step 2A, Prong I; Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Yes: (an) abstract idea(s).
Step 2A Prong II: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The limitations in #12 above, as claimed and under BRI, is an additional element that is insignificant extra-solution activity. For example, "make the inquiry" in the context of this claim encompasses mere data gathering. See in the MPEP §§ 2106.05(g).
Additionally, the claims recite the following additional element:
the processor,
mobile terminal
The element that is recited in the claims are stated at a high level of generality (i.e. as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using generic computer component. See the MPEP §§ 2106.05(f). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea(s).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using generic computer components cannot provide the inventive step.
Additionally, with regards to #12 above, per MPEP 2106.05(d)(ll), the courts have recognized the following computer function(s) as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information);
Claim(s) 6 recite(s):
wherein the plurality of types of software are classified based on urgency of the update.
Step 1: are the claims to a process, machine, manufacture, or a composition of matter?
Yes. Claim 6 is a machine
Step 2A, Prong I; Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Yes: (an) abstract idea(s).
Step 2A Prong II: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The limitation in #13 above. As claimed and under BRI, is an additional element that is mere instructions to apply an exception. For example, "classified based on" in the context of this claim encompasses merely classifying data. See in the MPEP §§2106.05(f).
Additionally, the claims recite the following additional element:
in-vehicle device
The element that is recited in the claims are stated at a high level of generality (i.e. as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using generic computer component. See the MPEP §§ 2106.05(f). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea(s).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using generic computer components cannot provide the inventive step.
Claim(s) 7 recite(s):
wherein the plurality of types of software are classified based on time periods required for the update.
Step 1: are the claims to a process, machine, manufacture, or a composition of matter?
Yes. Claim 7 is a machine
Step 2A, Prong I; Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Yes: (an) abstract idea(s).
Step 2A Prong II: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The limitation in #15 above. As claimed and under BRI, is an additional element that is mere instructions to apply an exception. For example, "classified based on" in the context of this claim encompasses merely classifying data. See in the MPEP §§2106.05(f).
Additionally, the claims recite the following additional element:
in-vehicle device
The element that is recited in the claims are stated at a high level of generality (i.e. as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using generic computer component. See the MPEP §§ 2106.05(f). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea(s).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using generic computer components cannot provide the inventive step.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 103 as being anticipated by US 20220253301 A1 (Hereinafter referred to as Harata), US 20200356354 A1 (Hereinafter referred to as Mitra), and US 20150339114 A1 (Hereinafter referred to as Rockwell).
Regarding claim 1, Harata teaches:
An in-vehicle device mounted on a vehicle including a human-machine interface and configured to manage an update of software for the vehicle, the in-vehicle device comprising: a memory configured to store update data of the software; and a processor configured to: communicate with the human-machine interface and a server via a network (Fig. 3, Harata shows an in-vehicle display capable of communicating with a server. [Abstract], Harata shows "An electronic control system for vehicle includes a center device that manages a program update of a vehicle, and a vehicular master device that is communicable with the center device"), and
perform the software update through a plurality of phases including: downloading the update data of the software from the server, installing the software on in-vehicle equipment to be updated, and activating the software (Para. [49], Harata shows "The separate approval is separately approving a respective one of the campaign notification phase, the download phase, the installation phase, and the activation phase."),
indicating whether user consent is necessary at each phase of the plurality of phases (Para. [49], Harata shows "The collective approval is collectively approving all of the campaign notification phase, the download phase, the installation phase, and the activation phase. The separate approval is separately approving a respective one of the campaign notification phase, the download phase, the installation phase, and the activation phase. For example, a user may select the collective approval when he/she cannot afford to see the program update to the end, and may select the separate approval when he/she can afford to see the program update to the end")
the user data is set based on a user selection obtained via a plurality of buttons of the human-machine interface for selecting whether the user consent is necessary for the plurality of phases (Para. [49], Harata shows "The collective approval is collectively approving all of the campaign notification phase, the download phase, the installation phase, and the activation phase. The separate approval is separately approving a respective one of the campaign notification phase, the download phase, the installation phase, and the activation phase. For example, a user may select the collective approval when he/she cannot afford to see the program update to the end, and may select the separate approval when he/she can afford to see the program update to the end"),
refer to the user data to determine whether the user consent is necessary at each phase (Para. [79], Harata shows "when the user selected the collective approval, the program rewrite unit 32b performs all of the phases of rewriting of the application program at once, so that batch rewriting not requiring a phase-by-phase basis approval is performed. Specifically, when the user selected the collective approve for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place but thereafter the program update proceeds without displaying of a screen for approving the download, a screen for approving the installation nor a screen for approving the activation. On the other hand, when the user selected the separate approval, the program rewrite unit 32b perform rewriting of the application program separately on a phase-by-phase basis, so that separate rewriting requiring the phase-by-phase basis approval is performed. Specifically, when the user selected the separate approval for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place, and thereafter, the screen for approving the download, the screen for approving the installation and the screen for approving the activation are displayed sequentially, so that each time the screen is displayed, the user can gives approval, so that the program update proceeds" Examiner notes the above citation shows a user selecting and their choice (user data) being used to either consent to all phases of an update or separately decide for each phase);
perform each phase of the software update automatically in a case where the user data indicates that the user consent is not necessary (Para. [49], Harata shows "The collective approval is collectively approving all of the campaign notification phase, the download phase, the installation phase, and the activation phase. The separate approval is separately approving a respective one of the campaign notification phase, the download phase, the installation phase, and the activation phase. For example, a user may select the collective approval when he/she cannot afford to see the program update to the end, and may select the separate approval when he/she can afford to see the program update to the end" Examiner notes the above citation shows a user selecting (user data) whether to approve all phases of an update automatically after selecting their choice (user data) or to separately approve each phase);
and instruct the HMI, or a mobile terminal of a user, to display a consent request screen to the user for each phase that needs the user consent, the consent request screen including a user operable element to indicate that the user consent is given to perform a phase of the software update in a case where the user data indicates that the user consent is necessary and perform the phase of the software update for which the user consent is received (Para. [49], Harata shows "The collective approval is collectively approving all of the campaign notification phase, the download phase, the installation phase, and the activation phase. The separate approval is separately approving a respective one of the campaign notification phase, the download phase, the installation phase, and the activation phase. For example, a user may select the collective approval when he/she cannot afford to see the program update to the end, and may select the separate approval when he/she can afford to see the program update to the end" Para. [79], Harata shows "when the user selected the collective approval, the program rewrite unit 32b performs all of the phases of rewriting of the application program at once, so that batch rewriting not requiring a phase-by-phase basis approval is performed. Specifically, when the user selected the collective approve for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place but thereafter the program update proceeds without displaying of a screen for approving the download, a screen for approving the installation nor a screen for approving the activation. On the other hand, when the user selected the separate approval, the program rewrite unit 32b perform rewriting of the application program separately on a phase-by-phase basis, so that separate rewriting requiring the phase-by-phase basis approval is performed. Specifically, when the user selected the separate approval for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place, and thereafter, the screen for approving the download, the screen for approving the installation and the screen for approving the activation are displayed sequentially, so that each time the screen is displayed, the user can gives approval, so that the program update proceeds" Examiner notes the above citation show prompting a user for consent for each phase of a software update. The screens separately being prompted for each phase on both mobile and in-vehicle (HMI) display),
Harata does not disclose:
wherein the memory is configured to store user data indicating whether user consent is necessary at each phase of the plurality of phases for each type of software from among a plurality of types of software,
the plurality of types of software includes a first type of software of which a function restriction of the vehicle occurs during the update
the processor is configured to: refer to the user data to determine whether the user consent is necessary.. based on a type of the software to be updated;
and the processor is further configured to: determine whether the software to be updated is the first type of software; determine that the user consent is necessary in a case where determination is made that the software to be updated is the first type of software; and determine that the user consent is not necessary in a case where determination is made that the software to be updated is not the first type of software.
However, in the analogous art of automated updates, Mitra teaches:
wherein the memory is configured to store user data indicating whether user consent is necessary.. for each type of software from among a plurality of types of software (Fig.9 (924); Para. [63], Mitra shows "Additional settings for automated updates in the lower section 920 include a fourth selectable option 922 for authorizing the automated process (“Auto-Update Software During OS Upgrade?”). If this is selected or authorized, other options can become available or selectable, such as a fifth selectable option 924 (“Select software that should not be updated without your authorization”) " Examiner notes the above citation shows selecting if a software should require user consent to be updated or proceed automatically. First determining if the software has been listed under the option of requiring the software to be updated with authorization),
the processor is configured to: refer to the user data to determine whether the user consent is necessary.. based on a type of the software to be updated (Para. [63], Mitra shows "Additional settings for automated updates in the lower section 920 include a fourth selectable option 922 for authorizing the automated process (“Auto-Update Software During OS Upgrade?”). If this is selected or authorized, other options can become available or selectable, such as a fifth selectable option 924 (“Select software that should not be updated without your authorization”) ");
and the processor is further configured to: determine whether the software to be updated is the first type of software; determine that the user consent is necessary in a case where determination is made that the software to be updated is the first type of software; and determine that the user consent is not necessary in a case where determination is made that the software to be updated is not the first type of software (Fig.9 (924); Para. [63], Mitra shows "Additional settings for automated updates in the lower section 920 include a fourth selectable option 922 for authorizing the automated process (“Auto-Update Software During OS Upgrade?”). If this is selected or authorized, other options can become available or selectable, such as a fifth selectable option 924 (“Select software that should not be updated without your authorization”) " Examiner notes the above citation shows selecting if a software should require user consent to be updated or proceed automatically. First determining if the software has been listed under the option of requiring the software to be updated with authorization).).
Additionally, in the analogous art of vehicle software updating, Rockwell teaches:
the plurality of types of software includes a first type of software of which a function restriction of the vehicle occurs during the update (Para. [44] , Rockwell shows "The user interface 304-B may further include a description label 404 to indicate to the user how much time may be required to perform the installation of the available software updates 212, as well as that certain features of the vehicle 31 may be unavailable during the installation process. For instance, in some cases the VCS 1 may be unable to switch to other VCS 1 applications, such as navigation, when software updates 212 are being installed. In other cases, if the vehicle modules 202 to be updated are important to the functioning of the vehicle 31 (e.g., the BCM, PCM, BSCM, etc.), the VCS 1 may be configured to inform the user that the vehicle 31 may not be placed into motive mode when those modules 202 are being updated. The user interface 304-B may further include a list control 406 configured to display a selectable list of entries 408 (e.g., as illustrated again including the “proceed with updates” entry 408-A and the “perform updates later” entry 408-B), but in this case to request confirmation that the amount of time for updates is acceptable for the user" Examiner notes the citation above shows displaying restrictions that are enabled by the update execution process and based on software type and function),
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Mitra into the teachings of Harata to implement “wherein the memory is configured to store user data indicating whether user consent is necessary.. for each type of software from among a plurality of types of software, refer to the user data to determine whether the user consent is necessary.. based on a type of the software to be updated, determine whether the software to be updated is the first type of software; determine that the user consent is necessary in a case where determination is made that the software to be updated is the first type of software; and determine that the user consent is not necessary in a case where determination is made that the software to be updated is not the first type of software”. The modification would have been obvious as one of ordinary skill in the art would be motivated to provide users with tools for the improved management of software updates installed on devices (Mitra, Para. [4]).
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Rockwell into the teachings of Harata to implement “the plurality of types of software includes a first type of software of which a function restriction of the vehicle occurs during the update”. The modification would have been obvious as one of ordinary skill in the art would be motivated to notify and prevent access to users for components inaccessible during updates(Rockwell, Para. [44])..
Regarding claim 4, Harata as modified teaches claim 1 as cited above and teaches:
wherein the processor is further configured to make the inquiry through the human-machine interface mounted on the vehicle (Para. [26], Harata shows "Specifically, a campaign notification indicating that a program rewriting is available is given via a mobile terminal and/or an in-vehicle display, and the rewriting of the program is performed when the user gives approval for program update by using the mobile terminal and/or the in-vehicle display.")
Regarding claim 5, Harata as modified teaches claim 1 as cited above and teaches:
wherein the processor is further configured to make the inquiry through a mobile terminal of the user (Para. [26], Harata shows "Specifically, a campaign notification indicating that a program rewriting is available is given via a mobile terminal and/or an in-vehicle display, and the rewriting of the program is performed when the user gives approval for program update by using the mobile terminal and/or the in-vehicle display.")
Regarding claim 6, Harata as modified teaches claim 1 as cited above, but does not disclose:
wherein the plurality of types of software are classified based on urgency of the update
However, in the analogous art of configuration of system updates, Mitra teaches:
wherein the plurality of types of software are classified based on urgency of the update (Para. [53], Mitra shows " In this example, at a first stage 412, the system determines that the version currently installed on the client device for first software 410 will be incompatible after the upgrade. In some implementations, such a determination can trigger a query to an online store or central software repository 450 from which information and update packages for software may be obtained. The system confirms that an update is available for the first software 410 at a second stage 414. In some implementations, the system can also identify the priority classification for the software. In this case, the first software 410 is low priority, and the system can initiate an automated update for the first software in a third stage 416 during or even after the OS upgrade." Examiner notes the above citation shows classifying updates that still need to be installed by urgency and updating automatically based on the classification)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Mitra into the teachings of Harata as modified to implement "wherein the plurality of types of software are classified based on urgency of the update". The modification would have been obvious as one of ordinary skill in the art would be motivated to provide users with tools for the improved management of software updates installed on devices (Mitra, Para. [4]).
Regarding claim 7, Harata as modified teaches claim 1 as cited above, but does not disclose:
wherein the plurality of types of software are classified based on time periods required for the update.
However, in the analogous art of updating vehicle software, Mitra teaches:
wherein the plurality of types of software are classified based on time periods required for the update (Col. [2] lines [35-45], Mitra shows " the user can view how each software item was classified with respect to priority (“View prioritization calculator”), and access to options for adjusting the prioritization classification currently applied. In one implementation, this information can be shown in order of the software's priority in the queue, the time left for the update to achieve full deployment, or the software can be otherwise sorted by alphabetical order, size of update, total update time, and/or a user designated sort" Examiner notes the citation above shows viewing updating priority and sorting the priority by update time or update size).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Mitra into the teachings of Harata as modified to implement “wherein the plurality of types of software are classified based on time periods required for the update”. The modification would have been obvious as one of ordinary skill in the art would be motivated to provide users with tools for the improved management of software updates installed on devices (Mitra, Para. [4]).
Response to Arguments
Applicant's arguments regarding 35 USC 101 filed 9/02/2026 have been fully considered but they are not persuasive.
As per the 101 arguments on pg. 6-7 of the remarks that the amended independent claim is allowable under 35 USC 101 because the independent claim had been amended “refer to the user data” which is set “based on a user selection obtained via a plurality of buttons” and in cases where user data indicates a need for consent “display a consent screen”. The claim is still directed toward an abstract idea. Referring to user data for user preferences is an abstract idea and displaying a screen for users to input data is considered mere data transmission as explained above in the 35 U.S.C 101 rejection written above. Therefore, the examiner finds these arguments unpersuasive and maintains that the rejection under 35 USC 101 is proper.
Applicant's arguments regarding 35 USC 103 rejection of claims 1 and 4-7 filed 9/02/2026 have been fully considered but they are not persuasive.
Applicant argues on pg. 7-8, that “as amended claim 1 indicates… refers to the user data ‘to determine whether the user consent is necessary as each phase based on a type of the software to be updated’“. However, Harata teaches "when the user selected the collective approval, the program rewrite unit 32b performs all of the phases of rewriting of the application program at once, so that batch rewriting not requiring a phase-by-phase basis approval is performed. Specifically, when the user selected the collective approve for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place but thereafter the program update proceeds without displaying of a screen for approving the download, a screen for approving the installation nor a screen for approving the activation. On the other hand, when the user selected the separate approval, the program rewrite unit 32b perform rewriting of the application program separately on a phase-by-phase basis, so that separate rewriting requiring the phase-by-phase basis approval is performed. Specifically, when the user selected the separate approval for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place, and thereafter, the screen for approving the download, the screen for approving the installation and the screen for approving the activation are displayed sequentially, so that each time the screen is displayed, the user can gives approval, so that the program update proceeds" Examiner notes the above citation shows a user selecting and their choice (user data) being used to either consent to all phases of an update or separately decide for each phase. Further taught by (Fig.9 (924); Para. [63]) Mitra is, "Additional settings for automated updates in the lower section 920 include a fourth selectable option 922 for authorizing the automated process (“Auto-Update Software During OS Upgrade?”). If this is selected or authorized, other options can become available or selectable, such as a fifth selectable option 924 (“Select software that should not be updated without your authorization”) " Examiner notes the above citation shows selecting if a software should require user consent to be updated or proceed automatically. First determining if the software has been listed under the option of requiring the software to be updated with authorization. Showing updating based on software types as above in Mitra and when combined with the separate or collective phase approval by Harata it becomes obvious to “determine whether the user consent is necessary at each phase based on a type of the software to be updated”.
Applicant argues further on pg. 7, “the teachings of D1-D3 do not specifically address.. the display of the consent request screen”. However, Para. [79] Harata shows “On the other hand, when the user selected the separate approval, the program rewrite unit 32b perform rewriting of the application program separately on a phase-by-phase basis, so that separate rewriting requiring the phase-by-phase basis approval is performed. Specifically, when the user selected the separate approval for the program update by using the mobile terminal 6 or the in-vehicle display 7, the approval screen of the campaign notification is displayed on the mobile terminal 6 or the in-vehicle display 7 at the first place, and thereafter, the screen for approving the download, the screen for approving the installation and the screen for approving the activation are displayed sequentially, so that each time the screen is displayed, the user can gives approval, so that the program update proceeds" Examiner notes the above citation shows a user selecting and their choice (user data) being used to either consent to all phases of an update or separately decide for each phase.
The 103 rejection for claims 4-7 is maintained as they have not been amended and the rejection to claim 1 is maintained as well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240362007 A1 – this prior art shows requesting consent for phases of updates pertaining to cars.
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/Z.A.M./Examiner, Art Unit 2193
/Chat C Do/Supervisory Patent Examiner, Art Unit 2193
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