Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. This office action has been issued in response to amendment filed on 10/13/2025. Claims 11,14, and 17-19 have been amended. Claims 20-22 have been added. Claims 11-22 are pending. Accordingly, this action has been made FINAL
Response to Amendment
3. Claims 14 and 17 have been amended to overcome the objection. Therefore, the objection for claims 14 and 17 have been withdrawn.
Claim 18 will remain invokes 112(f).
Applicant’s arguments with respects to claims 11-22 has been considered but are moot in view of the new ground(s)s of rejection.
Status of Claims
4. Claims 11-22 are pending, of which claims, of which claim 11, 18 and 19 are in independent form.
The Office's Note:
5. The Office has cited particular paragraphs / columns and line numbers in the reference(s) applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim(s), other passages and figures may apply as well. It is respectfully requested from the Applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the cited passages as taught by the prior art or relied upon by the Examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. Claims 11-22 are rejected under 35 U.S.C. 103 as being unpatentable over Roh (US 20110197187– hereinafter Roh – IDS of records), in view of Ye (US 20170060559 – hereinafter Ye – IDS of records ) and further in view of Jeong (US 20200073654– hereinafter Jeong).
Claim 11 rejected, Roh teaches a method for operating a control device for a vehicle, in which software in a first version intended for operation of the control device and an item of control information are stored(Roh, abstract and paragraph [0009-0013], An object of the present invention is to provide a vehicle software download system and a method thereof, in which software of an electronic control unit (ECU) is downloaded and a corresponding ECU is updated if the version of ECU software stored in a memory is lower than the version of ECU software broadcasted from an external apparatus, thereby promptly updating the software of the ECU installed in the vehicle without visiting a garage or a service center.), the control device being configured to receive the software intended for the operation of the control device in a second version, which differs from the first version, and to store the second version in a memory unit, the second version being identifiable by an indication identifying the software, the method comprising the following steps (Roh, abstract and paragraph [0009-0013], receiving, by the gateway, ECU software version information broadcasted from the external apparatus; comparing, by the gateway, ECU software version information stored in a memory with the received ECU software version information and determining whether or not an ECU software version stored in the memory is lower than a received software version; requesting, by the gateway, download of software of a corresponding version from the external apparatus if the ECU software version stored in the memory is lower than the received software version as a result of the determination step; and providing, by the gateway, the corresponding ECU with the software downloaded from the external apparatus for software update.):
receiving at least one indication identifying the software to be installed(Roh, abstract and paragraph [0009-0013], receiving, by the gateway, ECU software version information broadcasted from the external apparatus. Roh, paragraph [0037], Referring to FIG. 3, the external apparatus 120 broadcasts information on the ECU software version in order to update the vehicles 50a, 50b and 50c with the latest software (S21.);
checking whether storing of the software to be installed is permitted based on the indication identifying the software to be installed and the control information(Roh, abstract and paragraph [0009-0013], comparing, by the gateway, ECU software version information stored in a memory with the received ECU software version information and determining whether or not an ECU software version stored in the memory is lower than a received software version. Roh, paragraph [0049-0050], The determination unit 142 compares the received ECU software version information with ECU software version information stored in a memory and determines whether or not the ECU software version stored in the memory is lower than the received ECU software version (S320).); and
based on the storing of the software to be installed being permitted, storing the software to be installed in the memory unit(Roh, abstract and paragraph [0009-0013], requesting, by the gateway, download of software of a corresponding version from the external apparatus if the ECU software version stored in the memory is lower than the received software version as a result of the determination step; and providing, by the gateway, the corresponding ECU with the software downloaded from the external apparatus for software update.).
The Office would like to use prior art Ye to back up Roh to further teach limitation
storing the software to be installed in the memory unit (Ye, paragraph [0035], FIG. 2A illustrates an example of the programmable memory circuit 200 for a vehicle ECU 104 having multiple storage 202 areas. As shown, the programmable memory circuit 200 may include an active storage 202-A, an inactive storage 202-B, an active processor 204-A, an update processor 204-B, and a switch 206. The active storage 202-A may include a software install 208-A at a software version 210-A, and the inactive storage 202-B may include a software install 208-B at a software version 210-B. The programmable memory circuit 200 may further include or otherwise have access to the public key 124 of the vehicle ECU 104 that may be used to facilitate verification of received software updates 116.).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Ye into Roh to update a software for a vehicle. The system has a first memory, a second memory and an electronic vehicle control unit that is programmed to download a software update received from an update server into the first memory and to generate a nonce value associated with the software update. The server receives an alternate authorization, which includes the nonce value recovered from the server. The server is restarted using the first memory instead of the second memory when the nonce value generated by the ECU coincides with the nonce value recovered from the server as suggested by Ye (See abstract and summary).
Roh and Ye do not explicitly teach
only if the software to be installed in the second version is an older version than software in the first version and is permitted by the control information;
However, Jeong teaches
only if the software to be installed in the second version is an older version than software in the first version and is permitted by the control information(Jeong, US 20200073654, fig. 4 and para [0067], In operation 430, the update providing apparatus may determine whether the target controller is the first controller, when the update ROM image of the latest version is present. The update providing apparatus may verify whether the target controller is the first controller, based on information from the server; the update providing apparatus may directly verify whether the target controller is the first controller, based on the update ROM image from the server. Para [0068-0069], In operation 440, the update providing apparatus may determine whether there is the previous version ROM image and whether there is no change of the previous version ROM image, when the target controller is the first controller. The update providing apparatus may determine whether the previous version ROM image is stored in a memory and may determine whether the previous version ROM image is the immediately-preceding version of the update ROM image. Para [0070-0072], In operation 480, the update providing apparatus may roll back the target controller by using the previous version ROM image, when the update fails. The update providing apparatus may restore the target controller by using the pre-stored previous version ROM image, when the update of the first controller, which is capable of affecting the safety, fails. Par [0009-0010], According to an embodiment, the control circuit may be configured to roll back data of the first controller to a previous version by using a previous version of data stored in the memory, when the update of the first controller fails. Para [0021-0022], According to an embodiment, the instructions, when executed by the at least one processor, may include rolling back data of the first controller to a previous version by using a pre-stored previous version of data, when the update of the first controller fails. Para [0040-0041], first controller and second controller. Para [0045], the control circuit 160 may determine whether the received data for the update is associated with the first controller 130 or whether the received data for the update is associated with the second controller 140, depending on the determination by the server 10 or the data transmitted from the server 10. Para [0049-0050], According to an embodiment, the control circuit 160 may terminate the update of the second controller 140 without roll-back, when the update of the second controller 140 fails.).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Jeong into Roh and Ye to update a software for a vehicle. The data for the update is transmitted to the second controller without storage to reduce the manufacturing cost due to the high capacity of the memory. The update providing apparatus performs the update without storing data associated with the second controller, which does not affect safety even though the update fails, to save the memory capacity as suggested by Jeong (See abstract and summary).
Claim 12 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11, further comprising:
receiving the software to be installed from a control-device-external source, or reading out the software to be installed from the memory unit of the control device(Roh, paragraph [0023], The external apparatus 120 can be a wireless communication device of a handheld terminal such as a cellular phone, a navigator and a portable multimedia player (PMP). The external apparatus 120 may store the latest software for updating software of vehicles 50a, 50b and 50c. The latest software can be downloaded from the external apparatus 120 through a garage, a service center, an Internet service provider or the like.).
Claim 13 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11, wherein the receiving of the at least one indication identifying the software to be installed includes(Roh, abstract and paragraph [0009-0013], receiving, by the gateway, ECU software version information broadcasted from the external apparatus. Roh, paragraph [0037], Referring to FIG. 3, the external apparatus 120 broadcasts information on the ECU software version in order to update the vehicles 50a, 50b and 50c with the latest software (S21.):
receiving the at least one indication identifying the software to be installed from a control-device-external source, or reading out the at least one indication identifying the software to be installed from the memory unit of the control device(Roh, paragraph [0037], Referring to FIG. 3, the external apparatus 120 broadcasts information on the ECU software version in order to update the vehicles 50a, 50b and 50c with the latest software (S21)).
Claim 14 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11,
wherein the control information includes identifying information about software that may be installed on the control device or may not be installed on the control device(Roh, paragraph [0049-0050], The determination unit 142 compares the received ECU software version information with ECU software version information stored in a memory and determines whether or not the ECU software version stored in the memory is lower than the received ECU software version (S320).).
Claim 15 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11,
wherein the control information includes age information, which indicates the age of the control information(Ye, paragraph [0016-0017], The update server may be configured to send the vehicle software updates in accordance with the configuration of the vehicle. These software updates to the most recent version of the software for the vehicle ECUs may be referred to herein as “approved versions.” In an example, these software updates may be distributed with a cryptographically-strong signature created using a per-application private key to provide authenticity, integrity, and non-repudiation and which is verifiable by the vehicle ECUs in the field. Responsive to receiving the software and corresponding signature, the ECU may verify the signature using the application-specific public key. If the signature is verified and the version of the software is strictly higher than the current version, the ECU may initiate installation of the downloaded update. The ECU may include multiple memory storages, including an active storage including the current version of the software for execution by the ECU, and one or more inactive storages. The installation of the approved version update may be performed to one of the inactive storages. Responsive to the installation to the inactive memory storage, the vehicle ECU may inform the TCU of the status of the downloaded update, e.g., whether the software update was successfully verified using the public key, whether the software update was of a strictly higher version, and whether the software update was successfully flashed to the inactive memory storage.).
Claim 16 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11, further comprising the following steps:
receiving the control information from a control-device-external source(Ye, paragraph [0027], The software updates 116 may include, for example, updated configuration settings for one or more vehicle ECUs 104, and/or updated versions of software or firmware to be installed on one or more vehicle ECUs 104.); and
storing the control information in the memory unit(Ye, paragraph [0035], the inactive storage 202-B may include a software install 208-B at a software version 210-B. The programmable memory circuit 200 may further include or otherwise have access to the public key 124 of the vehicle ECU 104 that may be used to facilitate verification of received software updates 116.).
Claim 17 is rejected for the reasons set forth hereinabove for claim 16, Roh, Ye and Jeong teach the method as recited in claim 16, wherein the control information is received in a cryptographically encrypted and/or signed form and/or stored (Ye, paragraph [0030-0032], To enhance security of the downloading of software updates 116 to the vehicles 102, the system 100 may utilize asymmetric cryptography for validation of received information. For example, the data store 118 may maintain private keys 122 used to sign messages sent from the update server 120 to the vehicles 102, and the vehicle ECUs 104 may maintain public keys 124 that correspond to the private keys 122 that may be used to ensure that the messages sent from the update server 120 are authentically signed. The public key 124 of the engine control ECU 104-A is shown as an example in FIG. 1, but it should be noted that other ECUs 104 of the vehicle 102 also maintain their own respective public keys 124 as well. Notably, the telematics control unit 108 may also have its own respective public key 124 for updates to the telematics control unit 108 as another of the vehicle ECUs, although the public key 124 for the telematics control unit 108 may be applicable to updates to the telematics control unit 108 and not to the other ECUs 104. Variations are possible in which symmetric keys may be used rather than private key 122/public key 124 pairs.).
As per claim 18, this is the device claim to method claim 11. Therefore, it is rejected for the same reasons as above.
As per claim 19, this is the medium claim to method claim 11. Therefore, it is rejected for the same reasons as above.
Claim 20 is rejected for the reasons set forth hereinabove for claim 11, Roh, Ye and Jeong teach the method as recited in claim 11, wherein the control information includes a list of impermissible downgrades (Jeong, fig. 5 and para [0084], I n operation 590, the update providing apparatus may roll back the target controller by using the previous version ROM image or the ROM image for outputting the failure message, when the update fails. The update providing apparatus may restore the target controller by using the previous version ROM image, when the target controller is the first controller; the update providing apparatus may output the failure message by using the ROM image for outputting the failure message, when the target controller is the second controller. Para [0009-0010], According to an embodiment, the control circuit may be configured to terminate the update of the second controller without roll-back, when the update of the second controller fails. Para [0021-0022], According to an embodiment, the instructions, when executed by the at least one processor, may include terminating the update of the second controller without roll-back and outputting a message for providing a notification of the failure, when the update of the second controller fails. Para [0040-0041], first controller and second controller. Para [0045], the control circuit 160 may determine whether the received data for the update is associated with the first controller 130 or whether the received data for the update is associated with the second controller 140, depending on the determination by the server 10 or the data transmitted from the server 10. Para [0049-0050], According to an embodiment, the control circuit 160 may terminate the update of the second controller 140 without roll-back, when the update of the second controller 140 fails) .
As per claim 21, this is the device claim to method claim 20. Therefore, it is rejected for the same reasons as above.
As per claim 22, this is the medium claim to method claim 20. Therefore, it is rejected for the same reasons as above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY KHUONG THANH NGUYEN whose telephone number is (571)270-7139. The examiner can normally be reached Monday - Friday 0800-1630.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lewis Bullock can be reached on 5712723759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DUY KHUONG T NGUYEN/ Primary Examiner, Art Unit 2199