DETAILED ACTION
This action is in response to the claims filed January 2, 2026. Claims 1-6 are pending. Claims 1, 5, and 6 are independent claims. Claims 1-6 have been amended.
The claim objection to claim 3 is withdrawn in view of Applicant’s amendments to the claims.
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 Objections
Claims 2-4 are objected to because of the following informalities:
- Claims 2-4 contain multiple instances of the phrase “the first software in the new version of the first software”. This should likely read “the new version of the first software”.
- Claims 2 and 4 contain multiple instances of the phrase “the second software in the new version of the second software”. This should likely read “the new version of the second software”.
- Claim 4 contains multiple instances of the phrases “the first software in the old version of the first software” and “the second software in the old version of the second software”. These should likely read “the old version of the first software” and “the old version of the second software” respectively.
Appropriate correction is required.
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.
Claims 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180341476 A1 (hereinafter “Kitao”), in view of US 10684932 B2 (hereinafter “Kanamori”).
Regarding claim 1, Kitao discloses:
A mobile object control device comprising:
a first processor (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”);
a first memory in which first software to be used by the first processor is saved (Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”);
a second processor (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”); and
a second memory in which second software to be used by the second processor is saved (Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”), wherein
- the first processor outputs a first software updatable notification to the [software updating device] after the first processor saves a new version of the first software in the first memory, determines that writing of the new version of the first software is completed, confirms that writing of the new version of the first software is completed successfully, and determines that the first software is switchable from an old version of the first software to the new version of the first software (Paragraph [0010], “According to an aspect of the embodiments of the present invention, a software updating device which performs communication with a server device and control devices and controls software updating processes of the control devices, the software updating device including: a writing instruction unit configured to instruct the control devices to write update software transmitted from the server device in second areas provided separately from first areas storing software which is being used; a confirming unit configured to confirm that the update software has been written in the second areas with respect to all of control devices which constitute a cooperating control device group which is the set of control devices cooperating with each other, in the control devices which are software updating objects; …”; Paragraph [0072], “As shown in FIG. 6, if the update software writing processes start in the individual ECUs 3 a and 3 b, the software updating device 2 monitors whether the update software writing processes have been completed in all of the ECUs 3 a and 3 b constituting the cooperating ECU group 4 (STEP S12). Specifically, as shown in FIG. 8, after the data transmission, the software updating device 2 waits for write completion notifications from the individual ECUs 3 a and 3 b. After completion of verification, each of the ECUs 3 a and 3 b transmits a write completion notification to the software updating device 2”; Paragraph [0073], “As shown in FIG. 6, if the software updating device 2 recognizes that the update software writing processes have been completed in all of the ECUs 3 a and 3 b constituting the cooperating ECU group 4, it instructs the individual ECUs 3 a and 3 b to prepare for switching (STEP S13). As shown in FIG. 8, by these instructions, each of the ECUs 3 a and 3 b recognizes that writing has been completed even in the other ECU, and notifies the software updating device 2 that it has entered a switching wait state”) [Examiner’s remarks: On the first ECU (first processor), a new version of software is written to a second area of memory. A notification is output to a software updating device when the write is completed and verified indicating that the ECU is ready to switch to the new version.],
- the second processor outputs a second software updatable notification to the [software updating device] after the second processor saves a new version of the second software in the second memory, determines that writing of the new version of the second software is completed, confirms that writing of the new version of the second software is completed successfully, and determines that the second software switchable from an old version of the second software to the new version of the second software (Paragraph [0010], “According to an aspect of the embodiments of the present invention, a software updating device which performs communication with a server device and control devices and controls software updating processes of the control devices, the software updating device including: a writing instruction unit configured to instruct the control devices to write update software transmitted from the server device in second areas provided separately from first areas storing software which is being used; a confirming unit configured to confirm that the update software has been written in the second areas with respect to all of control devices which constitute a cooperating control device group which is the set of control devices cooperating with each other, in the control devices which are software updating objects; …”; Paragraph [0072], “As shown in FIG. 6, if the update software writing processes start in the individual ECUs 3 a and 3 b, the software updating device 2 monitors whether the update software writing processes have been completed in all of the ECUs 3 a and 3 b constituting the cooperating ECU group 4 (STEP S12). Specifically, as shown in FIG. 8, after the data transmission, the software updating device 2 waits for write completion notifications from the individual ECUs 3 a and 3 b. After completion of verification, each of the ECUs 3 a and 3 b transmits a write completion notification to the software updating device 2”; Paragraph [0073], “As shown in FIG. 6, if the software updating device 2 recognizes that the update software writing processes have been completed in all of the ECUs 3 a and 3 b constituting the cooperating ECU group 4, it instructs the individual ECUs 3 a and 3 b to prepare for switching (STEP S13). As shown in FIG. 8, by these instructions, each of the ECUs 3 a and 3 b recognizes that writing has been completed even in the other ECU, and notifies the software updating device 2 that it has entered a switching wait state”) [Examiner’s remarks: On the second ECU (second processor), a new version of software is written to a second area of memory. A notification is output to a software updating device when the write is completed and verified indicating that the ECU is ready to switch to the new version.], and
- the first processor executes first switching processing of switching the first software to be used from the old version of the first software to the new version of the first software and the second processor executes second switching processing of switching the second software to be used from the old version of the second software to the new version of the second software when the first processor recognizes the second software updatable notification and the second processor recognizes the first software updatable notification (Paragraph [0010], “According to an aspect of the embodiments of the present invention, a software updating device which performs communication with a server device and control devices and controls software updating processes of the control devices, the software updating device including: a writing instruction unit configured to instruct the control devices to write update software transmitted from the server device in second areas provided separately from first areas storing software which is being used; a confirming unit configured to confirm that the update software has been written in the second areas with respect to all of control devices which constitute a cooperating control device group which is the set of control devices cooperating with each other, in the control devices which are software updating objects; and a switching instruction unit configured to instruct all of the control devices constituting the cooperating control device group to perform switching processes of setting the update software written in the second areas as software to be thereafter executed”; Paragraph [0078], “As shown in FIG. 7, after confirming that preparation for switching has been completed (“Yes” in STEP S21), the software updating device 2 instructs each of the ECUs 3 a and 3 b constituting the cooperating ECU group 4 to perform the switching process. According to this instruction, as shown in FIG. 8, each of the ECUs 3 a and 3 b performs the switching process of switching software to be thereafter executed to the update software written in the second area 322. After completion of the switching process, each of the ECUs 3 a and 3 b notifies the completion to the software updating device 2”) [Examiner’s remarks: Both ECUs 3a and 3b (first and second processor) receive confirmation (notification) that both devices care able to switch to the new software. When they receive the confirmation, both ECUs perform the switching process from the original software to the software in the second area (updated software).].
Kitao discloses sending a notification to a software update device. Kitao does not explicitly disclose the first processor sending a notification to the second processor or the second processor sending a notification to the first processor. However, Kanamori discloses:
- the first processor sending a notification to the second processor or the second processor sending a notification to the first processor (Paragraph [0046], “Next, the ECU 1 a confirms that the version of the control program 220 is a version to be subjected to reprogramming, and transmits a REPRO preparation completion notification (one of the communication signals) to the ECU 2 (step 3), and the ECU 2 that has received this notification returns a REPRO ready-to-start response (one of the communication signals) to the ECU 1 a if the ECU 2 is ready to start reprogramming (step 4)”) [Examiner’s remarks: Kanamori discloses the ability for ECUs (processors) to send notifications directly to other ECUs and for other ECUs to send messages back. Kitao discloses the ability for an ECU to send a software updatable notification. One of ordinary skill understands that the architecture of Kanamori may be adopted to enable Kitao to send the software updatable notification to another ECU.].
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 Kanamori into the teachings of Kitao to include “the first processor sending a notification to the second processor or the second processor sending a notification to the first processor”. As stated in Kanamori, “In the field of vehicle control, many ECUs (Electronic Control Units) serving as the control devices are disposed inside a vehicle, and each ECU is configured to transmit/receive information via a vehicle-mounted LAN (Local Area Network), and to execute a variety of types of processing in cooperation and coordination with other ECUs” (Paragraph [0003]). Both Kanamori and Kitao are in the field of updating vehicles. Coordination and connection among ECUs is common. Allowing for ECU to ECU communication during updates allows two ECUs to coordinate update processes without leading to conflicts and errors. Therefore, it would be obvious to one of ordinary skill in the art to combine update coordination using notifications with ECU to ECU communication.
Regarding claim 4, the rejection of claim 1 is incorporated; and Kitao further discloses:
- wherein a region in which the first software in the old version of the first software is saved and a region in which the first software in the new version of the first software is saved are set in the first memory (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”; Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”),
- a region in which the second software in the old version of the second software is saved and a region in which the second software in the new version of the second software is saved are set in the second memory (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”; Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”),
- the first processor saves the first software in the new version of the first software in the first memory while the first processor keeps the first software in the old version of the first software saved in the first memory and the first processor continues using the first software in the old version of the first software without outputting the first software updatable notification to the second processor when the first processor fails to save the first software in the new version of the first software in the first memory (Paragraph [0072], “Specifically, as shown in FIG. 8, after the data transmission, the software updating device 2 waits for write completion notifications from the individual ECUs 3 a and 3 b. After completion of verification, each of the ECUs 3 a and 3 b transmits a write completion notification to the software updating device 2”; Paragraph [0077], “In the case where at least ECU of the ECUs 3 a and 3 b constituting the cooperating ECU group 4 is not ready for switching (“No” in STEPS S21), since it is impossible to perform the switching processes, the software updating device 2 instructs each of the ECUs 3 a and 3 b to cancel the reprogramming mode. Each of the ECUs 3 a and 3 b cancels the reprogramming mode, and stops the software updating process, and activates the software stored in the first area 321, and performs the normal operation”) [Examiner’s remarks: A notification that the write is completed is only sent out by the ECU if the write is completed. Otherwise, no notification is sent out. In this case, since it can be determined that not all the ECUs are ready based on the lack of notification, the ECUs continue running the software stored in the first area, which contains the original program.], and
- the second processor saves the second software in the new version of the second software in the second memory while the second processor keeps the second software in the old version of the second software saved in the second memory and the second processor continues using the second software in the old version of the second software without outputting the second software updatable notification to the first processor when the second processor fails to save the second software in the new version of the second software in the second memory (Paragraph [0072], “Specifically, as shown in FIG. 8, after the data transmission, the software updating device 2 waits for write completion notifications from the individual ECUs 3 a and 3 b. After completion of verification, each of the ECUs 3 a and 3 b transmits a write completion notification to the software updating device 2”; Paragraph [0077], “In the case where at least ECU of the ECUs 3 a and 3 b constituting the cooperating ECU group 4 is not ready for switching (“No” in STEPS S21), since it is impossible to perform the switching processes, the software updating device 2 instructs each of the ECUs 3 a and 3 b to cancel the reprogramming mode. Each of the ECUs 3 a and 3 b cancels the reprogramming mode, and stops the software updating process, and activates the software stored in the first area 321, and performs the normal operation”) [Examiner’s remarks: A notification that the write is completed is only sent out by the ECU if the write is completed. Otherwise, no notification is sent out. In this case, since it can be determined that not all the ECUs are ready based on the lack of notification, the ECUs continue running the software stored in the first area, which contains the original program.].
Claim 5 is a method claim corresponding to the system claim hereinabove (claim 1). Therefore, claim 5 is rejected for the same reasons as set forth in the rejection of claim 1.
Claim 6 is a non-transitory recording medium claim corresponding to the system claim hereinabove (claim 1). Therefore, claim 6 is rejected for the same reasons as set forth in the rejection of claim 1.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180341476 A1 (hereinafter “Kitao”), in view of US 10684932 B2 (hereinafter “Kanamori”), further in view of WO 2020170407 A1 (hereinafter “Inoue”), further in view of US 20220012043 A1 (hereinafter “Sakurai”).
Regarding claim 2, the rejection of claim 1 is incorporated; and Kitao further discloses:
- … and the first processor saves the first software in the new version of the first software in the first memory … (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”; Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”) [Examiner’s remarks: Each ECU has a memory which is partitioned into two parts, one of which is used to store update software (new version of the first software).], and
- the second processor saves the second software in the new version of the second software in the second memory (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”; Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”) [Examiner’s remarks: Each ECU has a memory which is partitioned into two parts, one of which is used to store update software (new version of the second software)]…
The combination of Kitao and Kanamori does not explicitly disclose:
- wherein the first processor includes a power-on/off reception unit configured to receive an instruction to switch the mobile object between a power-on state and a power-off state, … and outputs a power-off switching instruction reception notification to the second processor when the first processor receives an instruction to switch the mobile object to the power-off state by using the power-on/off reception unit, and
- …when the second processor recognizes the power-off switching instruction reception notification.
However, Inoue discloses:
- …when the second processor recognizes the power-off switching instruction reception notification (Paragraph [0026], “In other words, the update control unit 30 installs the second new version of the software on the second electronic control unit 16B when the main power supply of the vehicle 10 is turned off, i.e., when the ignition switch 18 is turned off [the second processor saves the second software in the new version in the second memory when the second processor recognizes the power-off switching instruction reception notification]” [Examiner’s remarks: Upon determining that the ignition (power) is off, the second software is saved to the second memory.]).
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 Inoue into the combined teachings of Kitao, and Kanamori to include “when the second processor recognizes the power-off switching instruction reception notification”. As stated in Inoue, “Therefore, the second new version of the software cannot be installed in the second electronic control unit 16B while the vehicle 10 is running. Therefore, the update control unit 30 installs the second new version of the software into the second electronic control unit 16B while the vehicle 10 is stopped” (Paragraph [0026]). Saving a program when the vehicle is switched off ensures that any mistakes do not negatively affect the operations of a motor vehicle, which may present safety concerns. Therefore, waiting for a signal that the power is off before updating allows for updates to be performed safely. Therefore, it would be obvious to one or ordinary skill in the art to combine ECU updates with detecting that the engine is off before updating.
The combination of Kitao, Kanamori, and Inoue does not explicitly disclose:
- wherein the first processor includes a power-on/off reception unit configured to receive an instruction to switch the mobile object between a power-on state and a power-off state, … and outputs a power-off switching instruction reception notification to the second processor when the first processor receives an instruction to switch the mobile object to the power-off state by using the power-on/off reception unit, and
However, Sakurai discloses:
- wherein the first processor includes a power-on/off reception unit configured to receive an instruction to switch the mobile object between a power-on state and a power-off state, … and outputs a power-off switching instruction reception notification to the second processor when the first processor receives an instruction to switch the mobile object to the power-off state by using the power-on/off reception unit (Paragraph [0069], “A power control circuit 38 is connected in parallel with the ACC switch 36 and the IG switch 37. The CGW 13 sends a power control request to the power management ECU 20, and causes the power management ECU 20 to control the power control circuit 38… The CGW 13 sends a power supply stop request, which is another kind of the power control request, to the power management ECU 20 to cause, inside the power control circuit 38, the ACC power supply line 33 and the IG power supply line 34 to be disconnected from the positive electrode of the vehicle battery 35 [wherein the first processor includes a power-on/off reception unit configured to receive an instruction to switch the mobile object between a power-on state and a power-off state, … and outputs a power-off switching instruction reception notification to the second processor when the first processor receives an instruction to switch the mobile object to the power-off state by using the power-on/off reception unit]”), and
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 Sakurai into the combined teachings of Kitao, Kanamori, and Inoue to include “wherein the first processor includes a power-on/off reception unit configured to receive an instruction to switch the mobile object between a power-on state and a power-off state, … and outputs a power-off switching instruction reception notification to the second processor when the first processor receives an instruction to switch the mobile object to the power-off state by using the power-on/off reception unit”. As stated in Sakurai, “With the development of communication networks etc., a connected-car technology is also in development. Under such circumstances, a technology for a center to distribute ECU update programs to vehicle apparatuses over-the-air (OTA) and for the vehicles to write the update programs is desired.” (Paragraph [0004]). With increasingly complicated vehicle ECU structures and OTA updates, it is important to ensure safety before saving and updating software. Having updates happen when an vehicle is powered off ensures that the updates to not effect vehicle safety when in motion. Therefore, it would be obvious to one or ordinary skill in the art to combine ECU updates with an ECU structure to power off vehicles for updates.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180341476 A1 (hereinafter “Kitao”), in view of US 10684932 B2 (hereinafter “Kanamori”), further in view of WO 2020170407 A1 (hereinafter “Inoue”), further in view of US 20220012043 A1 (hereinafter “Sakurai”), further in view of US 11014603 B2 (hereinafter “Kozuka”).
Regarding claim 3, the rejection of claim 2 is incorporated; and Kitao further discloses:
- …
- …and the first processor saves the first software in the new version of the first software in the first memory (Paragraph [0045], “In the present embodiment, the software updating system 100 includes the first ECU 3 a, the second ECU 3 b, and the third ECU 3 c. These ECUs 3 a to 3 c have the same basic structure. With reference to FIG. 3, the basic structure of an ECU 3 will be described. FIG. 3 is a block diagram illustrating the basic structure of an ECU 3 according to the embodiment of the present invention. As shown in FIG. 3, an ECU 3 includes a control unit 31, a storage unit 32, and a LAN-IF 33”; Paragraph [0047], “Similarly to the software updating device 2, the storage unit 32 includes a volatile memory and a non-volatile memory. In the present embodiment, the storage unit 32 of each of the ECUs 3 has a first area 321 and a second area 322. The first area 321 is a software storage area where a control program (software) which is being used is stored. The second area 322 is a software storage area where update software included in the update information which the software updating device 2 received from the server device 1 is stored”) [Examiner’s remarks: Each ECU has a memory which is partitioned into two parts, one of which is used to store update software (new version of the first software).]…
The combination of Kitao, Kanamori, and Inoue does not explicitly disclose:
- wherein the second processor is connected to a power switching circuit configured to switch between the power-on state and the power-off state and the second processor switches the mobile object to the power-off state by using the power switching circuit when the second processor recognizes the power-off switching instruction reception notification, and
- the first processor receives the instruction to switch the mobile object to the power-off state by using the power-on/off reception unit … when the first processor recognizes that the mobile object is switched to the power-off state on a basis of a status of detection by a switching detection unit configured to detect an actuation state of the power switching circuit.
However, Sakurai discloses:
- wherein the second processor is connected to a power switching circuit configured to switch between the power-on state and the power-off state and the second processor switches the mobile object to the power-off state by using the power switching circuit when the second processor recognizes the power-off switching instruction reception notification (Paragraph [0069], “A power control circuit 38 is connected in parallel with the ACC switch 36 and the IG switch 37. The CGW 13 sends a power control request to the power management ECU 20, and causes the power management ECU 20 to control the power control circuit 38… The CGW 13 sends a power supply stop request, which is another kind of the power control request, to the power management ECU 20 to cause, inside the power control circuit 38, the ACC power supply line 33 and the IG power supply line 34 to be disconnected from the positive electrode of the vehicle battery 35 [wherein the second processor is connected to a power switching circuit configured to switch between the power-on state and the power-off state and the second processor switches the mobile object to the power-off state by using the power switching circuit when the second processor recognizes the power-off switching instruction reception notification]”), and
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 Sakurai into the combined teachings of Kitao, Kanamori, and Inoue to include “wherein the second processor is connected to a power switching circuit configured to switch between the power-on state and the power-off state and the second processor switches the mobile object to the power-off state by using the power switching circuit when the second processor recognizes the power-off switching instruction reception notification”. As stated in Sakurai, “With the development of communication networks etc., a connected-car technology is also in development. Under such circumstances, a technology for a center to distribute ECU update programs to vehicle apparatuses over-the-air (OTA) and for the vehicles to write the update programs is desired.” (Paragraph [0004]). With increasingly complicated vehicle ECU structures and OTA updates, it is important to ensure safety before saving and updating software. Having updates happen when an vehicle is powered off ensures that the updates to not effect vehicle safety when in motion. Therefore, it would be obvious to one or ordinary skill in the art to combine ECU updates with an ECU structure to power off vehicles for updates.
The combination of Kitao, Kanamori, Inoue, and Sakurai does not explicitly disclose:
- the first processor receives the instruction to switch the mobile object to the power-off state by using the power-on/off reception unit … when the first processor recognizes that the mobile object is switched to the power-off state on a basis of a status of detection by a switching detection unit configured to detect an actuation state of the power switching circuit.
However, Kozuka discloses:
- the first processor receives the instruction to switch the mobile object to the power-off state by using the power-on/off reception unit … when the first processor recognizes that the mobile object is switched to the power-off state on a basis of a status of detection by a switching detection unit configured to detect an actuation state of the power switching circuit (Paragraph [0025], “The supply detection circuit 44 detects whether the power switch 63 is in an on state (vehicle power supply: on) or in an off state (vehicle power supply: off). The supply detection circuit 44 may detect the state of the power switch 63 based on a position of the power switch 63 (vehicle power supply) or, alternatively, may detect the state of the power switch 63 based on a voltage of the first feeder 62 between the power switch 63 and the microcomputer 42. The supply detection circuit 44 generates an electrical signal SIG that indicates whether the power switch 63 is in the on state or in the off state [the first processor receives the instruction to switch the mobile object to the power-off state by using the power-on/off reception unit … when the first processor recognizes that the mobile object is switched to the power-off state on a basis of a status of detection by a switching detection unit configured to detect an actuation state of the power switching circuit]”).
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 Kozuka into the combined teachings of Kitao, Kanamori, Inoue, and Sakurai to include “the first processor receives the instruction to switch the mobile object to the power-off state by using the power-on/off reception unit … when the first processor recognizes that the mobile object is switched to the power-off state on a basis of a status of detection by a switching detection unit configured to detect an actuation state of the power switching circuit”. As stated in Kozuka, “The supply detection circuit 44 detects whether the power switch 63 is in an on state (vehicle power supply: on) or in an off state (vehicle power supply: off).” (Paragraph [0025]). Updates to software when the vehicle is in motion may be dangerous or inconvenient. Ensuring that the vehicle may only be updated when powered off ensures that all updates happen in a controlled environment. Having a circuit to detect when the power to the vehicle is off ensures that the ECU knows when it is safe to update. Therefore, it would be obvious to one or ordinary skill in the art to combine ECU updates with an ECU structure to detect power levels of the vehicle.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/V.W.D./
Examiner, Art Unit 2191 /WEI Y MUI/Supervisory Patent Examiner, Art Unit 2191
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