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 .
This Office Action is in response to the filing date of 02/24/2024.
Claims 1-20 are pending and have been considered below.
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 1-3, 5-7, 9-12, 14-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20200114927 to Yokota in view of U.S. Pub. No. 20130197712 to Matsuura.
Per claims 1, 10, and 16, Yokota teaches a computer implemented method updating a program of an electronic control unit equipped with a mobile object, wherein the mobile object comprises:
a rewriting control processor performing a rewriting control of rewriting a program of the electronic control unit; a storage compartment covered by a hood; and a battery stored in the storage compartment and configured to supply electrical power to the rewriting control processor and the electrical control unit (see at least FIG. 1; see also at least paragraph [0007] “A vehicle control device according to one aspect of the present invention includes a controller with embedded software which controls one or more devices mounted in a vehicle, a communicator configured to communicate with an external device, an update controller which updates the software embedded in the controller according to communication with the external device by the communicator, a power supply configured to supply power to the controller…”), the method comprising:
acquiring new program from an external apparatus via a network (see at least paragraph [0010] “…the update of the software after a download of the block being downloaded from the external device…”); and
performing the rewriting control of rewriting the program of the electronic control unit (see at least paragraph [0016] “A vehicle control method according to another aspect of the present invention includes, by a computer, communicating with an external device, updating software embedded in a controller that controls one or more devices mounted in a vehicle…”), the rewriting being performed by using the acquired new program during drive of the mobile object is disabled (see at least paragraph [0054 “…The update controller 120 performs the update of software when the display unit 30 receives a selection permitting the execution of the update (a selection of the icon IC1), and predetermined conditions are satisfied. The predetermined conditions are, for example, a device in a drive system of the vehicle M being in a stopped state (for example, ignition being in an off state), the occupant not being in the vehicle interior…”);
detecting whether the hood is opened during performing the rewriting control (see col. “…a vehicle state predictor configured to predict a state of the vehicle, in which the update controller interrupts an update of the software when the vehicle state predictor predicts that a connection between the power supply and the controller is to be disconnected during the update of the software…the vehicle state predictor may predict that the connection between the power supply and the controller is to be disconnected when the vehicle state predictor detects that a lid (i.e. hood) portion opened”; see also at least col. “…The vehicle sensor 40 includes, for example, a hood opening/closing sensor 42, a trunk opening/closing sensor 44, and a door opening/closing sensor 46. The hood opening/closing sensor 42 detects an opening or closing operation of a hood (an example of a lid portion) that partitions a part of a motor room (a front space) in the front of a vehicle body across a partition member…”).
Yokota does not explicitly teach:
when it is detected that the hood is opened during performing the rewriting control, providing a notice to a user.
Matsuura teaches an analogous art relates to updating software of electronic control units in a vehicle, comprises:
during performing the rewriting control, providing a notice to a user (see at least paragraph [0147] “…the receiving device 52 displays on the display unit 74 a message indicating that the rewriting process was interrupted because the IGSW 64 has been turned to the "OFF" position…”).
It would have been obvious for a person of an ordinary skilled in the art as of the effective filing date of the claimed invention to modify the teaching of Yokota to incorporate the teaching of Matsuura to display a message when software update process is interrupted. One would have been motivated to do so in order to allow the user to take actions based on the provided information.
Per claims 2, 11, and 17, Matsuura further teaches:
wherein the notice includes a first notice that indicates on a display device equipped with the mobile object that the battery should not be disconnected or removed during performing the rewriting control (see at least paragraph [0147] “…the receiving device 52 displays on the display unit 74 a message indicating that the rewriting process was interrupted because the IGSW 64 has been turned to the "OFF" position…”).
Per claims 3, 12, and 18, Matsuura further teaches:
determining whether the user acknowledges the first notice or not, and when it is determined that the user acknowledges the first notice, ceasing the first notice on the display device (see at least paragraph [0151] “…If the vehicle occupant is present in the vehicle 16 (step S104: YES), then in step S109, the rewriting device 54 reads the position to which the IGSW 64 is turned, and determines the state of the IGSW 64. Alternatively, the rewriting device 54 may send a response request to a certain one or more of the ECUs 56 to thereby determine the state of the IGSW 64 based on whether or not a response is received. If there is a response from a certain one or more of the ECUs 56, then the rewriting device 54 determines that the IGSW 64 is turned on…”).
Per claims 5, 14, and 20, Matsuura further teaches:
wherein the notice includes a second notice that is a notice by performing a beeping or a flashing by the mobile object, and wherein the method further comprises: determining whether a predetermined amount of time has passed or not after providing the first notice, and when it is determined that the predetermined amount of time has passed after providing the first notice, providing the second notice (see at least paragraph [0157] “If the given period of time has not elapsed (step S116: NO), then control returns to step S113. If the given period of time has elapsed (step S116: YES), then in step S117, in order to avoid an infinite loop, the rewriting device 54 sends a notice concerning elapse of the given time (error) to the receiving device 52…”).
Per claims 6 and 15, Yokota does not explicitly teach:
determining whether the hood is closed after providing the second notice, and when it is determined that the hood is closed after providing the second notice, stopping providing the second notice and maintaining the first notice.
However, Matsuura teaches an analogous art relates to updating software of electronic control units in a vehicle by providing multiple notices to the user (see at least paragraphs [0110, 0112, 0131, 0132, 0142, 0147, 0153, 0157]), It would have been obvious for a person of an ordinary skilled in the art as of the effective filing date of the claimed invention to modify the teaching of Yokota to incorporate the teaching of Matsuura to allow multiple notices to be displayed to the user regarding the software updating process. One would have been motivated to do so in order to warn the user and/or prevent the interruption of the software updating process.
Per claim 7, Matsuura further teaches:
wherein the notice includes a third notice that indicates on a display device equipped with a mobile object terminal of the user that the battery should not be removed during performing the rewriting control (see at least paragraph [0132] “…the receiving device 52 displays on the display unit 74 the message "PROGRAM IS BEING REWRITTEN. DO NOT TURN OFF IGNITION SWITCH"…”).
Per claim 9, Yokota further teaches:
wherein the storage compartment is a frunk located at a front portion of the mobile object or a trunk located at the rear portion of the mobile object (see at least FIG. 4).
Claims 4, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20200114927 to Yokota in view of U.S. Pub. No. 20130197712 to Matsuura and in further view of U.S. Pub. No. 20230005305 to Sakurai.
Per claims 4, 13, and 19, neither Yokota nor Matsuura teaches:
wherein the notice includes at least a second notice that is a notice by performing a beeping or a flashing by the mobile object.
Sakurai teaches an analogous art relates to rewriting application programs in the ECUs, comprises:
a notice by performing a beeping or a flashing by the mobile object (see at least paragraph [1115] “…when a notification request notification is received from the CGW 13, the indicator 46 is lighted or flashed as a notification during rewriting of the application program…”).
It would have been obvious for a person of an ordinary skilled in the art as of the effective filing date of the claimed invention to modify the teachings of Yokota and Matsuura to incorporate the teaching of Sakurai to provide a notification of rewriting an application program via light flashing. One would have been motivated to do so in order to obtain the user’s attention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20200114927 to Yokota in view of U.S. Pub. No. 20130197712 to Matsuura and in further view of JPH09125771A to Aaru.
Per claim 8, neither Yokota nor Matsuura teaches:
disabling a command function in the mobile object terminal that sends a hood open command from the mobile object terminal to the mobile object during performing the rewriting control.
Aaru teaches an analogous art relates to automobile, comprises:
disabling a command function in a mobile object terminal that sends a hood open command from the mobile object terminal to the mobile object (see at least page 8, “The control button 13 enables and disables functions such as driver door locking, passenger door locking, trunk opening, and panic/ alarm…”).
It would have been obvious for a person of an ordinary skilled in the art as of the effective filing date of the claimed invention to modify the teachings of Yokota and Matsuura to incorporate the teaching of Aaru to allow enabling and disabling command/function to open the trunk of the vehicle. One would have been motivated to allow the system to accomplish the software updating process without interruption.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
DE102023109500B4
DE102022106659A1
CN111038414A
US20200114927
These prior arts relate to update software program on a vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP H NGUYEN whose telephone number is (571)270-1070. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
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, Wei Zhen 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 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.
/PHILLIP H NGUYEN/Primary Examiner, Art Unit 2191