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
This Office action is in response to the Request for Continued Examination (RCE) filed on February 13, 2026.
Claims 1-5 are pending and examined below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on February 13, 2026 has been entered.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0182049 (hereinafter "Harata”), in view of US 2022/0024471 (hereinafter “Itatsu”).
In the following claim analysis, bold text denotes claim language; bold text with underlines and strikethroughs indicates claim amendments; underlining in Examiner’s claim mappings is used for emphasis; and the Examiner’s detailed interpretations are provided in square brackets.
As to claim 1, Harata discloses A vehicle configured to execute a software update by using software distributed from a server (Harata, Fig. 1, ¶ 286, a vehicle program rewriting system 1 includes a center device 3 [a server] … a vehicle-side system 4 on a vehicle side; ¶ 289, The center device 3 includes a file server 8, a web server 9, and a management server 10, and each of the servers 8 to 10; ¶ 292, The vehicle-side system 4 has a master device), the vehicle comprising:
a start switch configured to start a control system of the vehicle when the start switch is turned ON (Harata, ¶ 1152, When the user performs an IG operation, the IG switch 37 switches from an OFF state to an ON state); and a processor programmed (Harata, ¶ 292, The vehicle-side system 4 has a master device; ¶ 1317, The control unit and the method described in the present disclosure may be realized by a dedicated computer provided by configuring a processor and a memory programmed to execute one or more functions embodied by a computer program) configured to:
transmit a request for a distribution package for the software update to the server (Harata, Fig. 48, ¶ 481, The download request transmission unit 61 transmits a download request for a distribution package to the center device 3);
in response to receiving the distribution package from the server, store the distribution package in a memory (Harata, ¶ 309, The flash memory 28d of the DCM (data communication module) 12 has a memory capacity sufficient to store a distribution package downloaded from the center device 3; ¶ 1084, When the distribution package is downloaded from the center device 3, the DCM 12 stores the downloaded distribution package into the flash memory);
determine whether a target electronic control unit for the software update is a single-bank computer or a dual-bank computer (Harata, Fig. 1, ¶ 838, When it is determined that the installation is designated for each memory type of the rewrite target ECU 19 (S1854: YES), the CGW (a central gate way) 13 determines whether the memory type is a double-bank memory, or a single-bank suspend memory or a single-bank memory; ¶ 1195, The “memory type” is information for identifying a memory configuration of the ECU 19, in which values indicating a double-bank memory, a single-bank suspend memory (pseudo-double-bank memory), a single-bank memory);
in response to determining that the target electronic control unit is the single-bank computer (Harata, ¶ 838, When it is determined that the installation is designated for each memory type of the rewrite target ECU 19 (S1854: YES), the CGW (a central gate way) 13 determines … a single-bank memory; ¶ 336, the ECU 19 equipped with the single-bank memory will be referred to as the single-bank memory ECU; ¶ 1267, the CPU 28a of the ECU 19 performs a write process on the flash memory 28d), instruct the target electronic control unit to install and activate the downloaded software of the distributed package only after the start switch is turned OFF (Harata, ¶ 337, Since the single-bank suspend memory has a configuration in which the single-bank memory … an application program cannot be rewritten while the vehicle is traveling, and the application program can be rewritten while the IG power is turned off and the vehicle is parked; Fig. 213, ¶ 1044, In a case where the rewrite target ECU 19 has a single-bank memory, the indicator display control unit 91c displays the indicator in a flashing manner in the installation-in-progress phase, the activation approval phase, and the activation-in-progress phase, … the IG-off time illustrated in FIG. 213 is a display aspect when the activation is executed during parking and the IG power is turned off due to completion of the activation, and the indicator 46 is lighted off when the IG power is turned off; ¶ 682, In a case where the rewrite target ECU 19 is a single-bank memory ECU, the rewrite target ECU 19 is restarted by the new application program and thus switches from the old application program to the new application program) and
in response to determining that the target electronic control unit is the dual-bank computer, instruct the target electronic control unit to install the software of the distribution package while the start switch in the electronic control unit is turned ON (Harata, ¶ ¶ 841-842, when the rewrite target ECU 19 is a double-bank memory ECU, the CGW 13 gives an instruction for the installation while the vehicle is ready to travel … A period in which an application program is rewritable is not limited to a parking state, and the application program can be rewritten during vehicle traveling; ¶ 1099, In a case of a double-bank memory configuration such as the ECU (ID2) and the ECU (ID3), installation is possible even when the vehicle is in a traveling state. Thus, for example, when the vehicle is in an IG switch-on state, the in-vehicle display 7 may display the progress situation; ¶ 1110, in a case where all the rewrite target ECUs 19 have double-bank memories, installation can be performed on the background while the vehicle is traveling),
wherein at the OFF state of the start switch (Harata, Fig. 213, ¶ 1044, during parking and the IG power is turned off [which corresponds to the OFF state of the start switch. Thus the determination of memory configuration (single-bank or dual-bank) is performed during such an OFF state]), the processor is programmed to determine whether the target electronic control unit is the single-bank computer or the dual-bank computer (Harata, Fig. 1, ¶ 838, the CGW (a central gate way having a processor) 13 determines whether the memory type is a double-bank memory, or a single-bank suspend memory or a single-bank memory);
in response to determining that the target electronic control unit is the dual-bank computer (Harata, ¶ 394, When the double-bank memory ECU completes writing of the write data, and completes rewriting of the application program, the double-bank memory ECU finishes the installation phase, and transitions from the normal operation to activation standby), the installed software of the distribution package in the dual-bank computer is activated (Harata, ¶ 398, When the power supply management ECU 20 switches the vehicle power from the IG power to the +B power [Thus, one of ordinary skill in the art would readily comprehend that when the system operates on +B power rather than IG power, the ignition dependent power is no longer supplied, which corresponds to a state in which the ignition is OFF or, at minimum, a state functionally equivalent to an ignition OFF condition for purpose of system operation] in response to an activation instruction from the CGW 13, each of the double-bank memory ECU … switches from the old bank to the new bank to be started in the new bank, and initiates a post-programming phase (hereinafter, also referred to as an activation phase) in the new bank start).
Harata does not disclose to stop the control system of the vehicle when the start switch is turned OFF. However, Itatsu teaches to stop the control system of the vehicle when the start switch is turned OFF (Itatsu, ¶ 88, If the IG OFF signal has been received (step S101: YES), the vehicle C is in a stopped state (power has been turned off).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Harata’s system with the system taught by Itatsu including stopping the control system of the vehicle when the start switch is turned OFF. The modification would be obvious because one of ordinary skill in the art would be motivated to allow the vehicle-mounted update apparatus be replaced in the period of time between when the ignition switch is turned off and then on, that is to say while the vehicle is stopped, the control unit can appropriately determine that the vehicle-mounted update apparatus has been replaced (Itatsu, ¶ 20).
As to claim 2, the rejection of claim 1 is incorporated. Harata as modified further discloses The vehicle according to claim 1, wherein the electronic control unit is an electronic control unit configured to execute traveling control on the vehicle (Harata, ¶ 4, a vehicle program rewrite system includes a vehicle master device that is configured to control a program rewrite in an electronic control unit; ¶ 294, 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. … 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 (a data communication module) 12 and the functions of the CGW (central gate way) 13).
As to claim 3, the claim is a method claim corresponding to vehicle claim 1. Therefore, it is rejected under the same rational set forth in the rejection of claim 1.
As to claim 4, the rejection of claim 3 is incorporated. Harata as modified further discloses A non-transitory storage medium configured to store a program that causes a processor to execute the software update method (Harata, claim 9, A computer program product for a vehicle master device that includes a computer readable medium and a processor and is configured to communicate data with a center device and control a program rewrite in an electronic control unit, the computer program product stored on the computer readable medium and comprising instructions configured to, when executed, cause the processor to: …) according to claim 3 (see the rejection above in claim 3).
As to claim 5, the claim is a vehicle claim corresponding to vehicle claim 1. Therefore, it is rejected under the same rational set forth in the rejection of claim 1.
Response to Arguments
Applicant’s arguments filed on February 13, 2026 have been fully considered, but they are not persuasive.
In the Remarks, Applicant argues:
In this disclosure, Harata discloses the activation of software in the ECU 19, which
can be single-bank or double-bank ECU, even when the vehicle is in a parking state and the
IG switch is in the OFF state; however, there is no disclosure in Harata during the OFF state
of the ignition that the CGW 13 is determining whether the target ECU is the single-bank
ECE or the dual-bank ECU. Harata merely determines whether the activation is executable
during ON state and fails to disclose the determination step during the OFF state as claimed.
Itatsu fails to remedy these deficiencies of Harata.
Accordingly, the cited art fails to show all the elements and features of the amended
claims and Applicant respectfully requests that the rejection be withdrawn. (Remarks, pg. 6-7)
Examiner’s response:
Applicant contends that Harata fails to disclose determining whether the target ECU is a single-bank or dual-bank ECU during an OFF state of the ignition, and instead only performs such determination during on ON state. However, this argument is not commensurate with the broadest reasonable interpretation of the claim.
Harata discloses activation control of software in an ECU, including handling different ECU configurations such as single-bank or dual-bank systems. In order to perform such activation control, Harata necessarily must recognize otherwise determine the configuration of the target ECU (i.e., whether it is single-bank or dual-bank), as such configuration directly impacts how software activation is executed.
Importantly, the claims do not positively recite how or by what mechanism the determination is restricted to occur exclusively during the OFF state, but merely recite that the determination is made “in a state where the ignition is OFF”. Under the broadest reasonable interpretation, this encompasses systems where the determination is made based on stored configuration information, preexisting knowledge, or system state information available regardless of whether the ignition is currently ON or OFF.
Thus, even if Harata explicitly describes certain operations occurring during an ON state, the determination of ECU type is a precondition or inherent requirement for performing activation control, and such information would have been available to the system irrespective of ignition state, including during an OFF state.
Harata, ¶ 398, When the power supply management ECU 20 switches the vehicle power from the IG power to the +B power [Thus, one of ordinary skill in the art would readily comprehend that when the system operates on +B power rather than IG power, the ignition dependent power is no longer supplied, which corresponds to a state in which the ignition is OFF or, at minimum, a state functionally equivalent to an ignition OFF condition for purpose of system operation]
Furthermore, Harata’s ¶ 398 discloses that supply management ECU 20 switches the vehicle power from the IG power to the +B power, which means that the system operates on +B power rather than IG power and the ignition dependent power is no longer supplied, which corresponds to a state in which the ignition is OFF or, at minimum, a state functionally equivalent to an ignition OFF condition for purpose of system operation, thereby indicating system capability to perform relevant control operations during the OFF state. Giving this teaching, it would have been obvious to one of ordinary skill in the art that any necessary determination regarding ECU configuration (e.g., single-bank vs. dual-bank) would be performed prior to or during such OFF state operations to enable proper activation behavior.
Therefore, for at least the reasons set forth above, the rejections made under 35 U.S.C. § 103(a) with respect to claims 1-5 are proper and therefore, maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0005305 and US 2021/0157568 teach When the power supply management ECU 20 switches the vehicle power from the IG power to the +B power in response to an activation instruction from the CGW 13, each of the double-bank memory ECU switches from the old bank to the new bank to be started on the new bank, and initiates an activation phase in the new bank start.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAXIN WU whose telephone number is (571) 270-7721. The examiner can normally be reached on M-F (7 am - 11:30 am; 1:30- 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Wei Mui can be reached at (571) 272-3708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/DAXIN WU/ Primary Examiner, Art Unit 2191
Prosecution Insights