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 applicant’s amendment filed on 02/25/2026.
Claims 1-5, 7-13, 15-20 are pending and examined.
Claims 6 and 14 have been cancelled.
Response to Arguments
Per 101 abstract idea rejection, applicant’s arguments filed on 02/25/2026 have been fully considered and they are persuasive. Therefore, the previously issued 101 abstract idea rejection is withdrawn.
Per 103 rejection, the claims are rejected under new grounds of rejection with a new reference applied (Hwang).
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, 7, 9-13, 15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Herz et al. (US PGPUB 2010/0233996) hereinafter Herz, in view of Hwang (US PGPUB 2022/0100490).
Per claim 1, Herz discloses a method for managing an update of a device in a vehicle system, the method being implemented by at least one processor of a system and comprising: (paragraphs [0055][0072][0004]; performing an update process on a navigation device, the system contains a processor and memory); obtaining information associated with the update; generating a message including information of the update; and configuring deployment of the update (paragraphs [0113][0116][0119]; receiving an update request from a mobile device, the update request contains a list of existing applications (information associated with the update); based on the update request, sending a list of recommended applications (message) to the mobile device, user can select to install/deploy these application updates, which will replace the older versions of applications).
Herz does not explicitly teach wherein the update comprises a temporary update on a software file in the device, wherein the device comprises a lower layer including the software file, and wherein the configuring the deployment of the update comprises: providing the message to the device to cause the device to: create a pointer to the software file in the lower layer; continue execution of the software file in the lower layer from the pointer; obtain an updated software file from a database; create an upper layer comprises a software file based on the lower layer and the software file included therein; replace the software file in the upper layer with the updated software file; and remove the updated software file in the upper layer after a period of time. However, Hwang suggests wherein the device comprises a lower layer including the software file (paragraph [0111]; a memory including a plurality of partitions to store existing firmware and new firmware; an existing firmware is stored in a first partition (lower layer)); wherein the configuring the deployment of the update comprises: providing the message to the device to cause the device to: create a pointer to the software file in the lower layer; continue execution of the software file in the lower layer from the pointer (paragraphs [0111]-[0116]; providing a firmware update to a device; the first partition may be used to load a first operating system under first firmware corresponding to firmware before update; i.e. loading and executing a first operating system (software file) of the first firmware that is stored in the lower layers, loading a file involves pointing to a memory address); obtain an updated software file from a database (paragraph [0103]; downloading a firmware update file from a server); create an upper layer comprises a software file based on the lower layer and the software file included therein; replace the software file in the upper layer with the updated software file (paragraphs [0111]-[0116]; copy the existing firmware from the first partition (lower layer) to the second partition (upper layer); copy a firmware update file to the second partition (upper layer) to create an updated firmware, which replaces the existing firmware in the second partition); wherein the update comprises a temporary update on a software file in the device, remove the updated software file in the upper layer after a period of time (paragraph [0075]; upon occurrence of a problem, the firmware of the first partition area may be referred to and the firmware of the second partition area (upper layer) may be deleted; the firmware in the second partition area is a temporary update, as it is deleted). 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 method of firmware update described in Hwang into Herz’s invention (using different partitions, and revert back to the existing firmware when an error is encountered); this would ensure the device can still function if the new firmware causes errors.
Per claim 2, Herz further discloses wherein the obtaining the information associated with the update comprises: obtaining the information from at least one of: a user equipment, a build system, and a database (paragraphs [0113][0116][0119]; receiving an update request from a mobile device (user equipment)).
Per claim 3, Herz further discloses wherein the configuring the deployment of the update comprises: providing the message to the device via Over-the-Air (OTA) communication to cause the device to configure the deployment of the update based on the message (paragraphs [0055][0119]; the mobile device downloads updates from a server through a wireless network).
Per claim 4, Herz further discloses wherein the device is a remote device located at a geographical location different from the system (Fig. 1; the mobile device is located away from the update management server).
Per claim 5, Herz further discloses wherein the update is created by a first user located at a first geographical location, wherein the information associated with the update is obtained from a second user located at a second geographical location, and wherein the first geographical location is different from the second geographical location (Fig. 1; paragraphs [0113][0116][0119]; the mobile device is located away from the update management server; the mobile device sends an update request to the server; the update request is created at the mobile device by a second user; the update is created at the server by a first user).
Per claim 7, Herz further discloses wherein the software file comprises an operating system (OS) file (paragraphs [0113][0116]; downloading and installing an application update, including an update on an operating system).
Claims 9-13, 15 recite similar limitations as claims 1-5, 7. Therefore, claims 9-13, 15 are rejected under similar rationales as claims 1-5, 7.
Claims 16-20 recite similar limitations as claims 1-4. Therefore, claims 16-20 are rejected under similar rationales as claims 1-4.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Herz, in view of Hwang, in view of Natsume (US PGPUB 2006/0259207).
Per claim 8, Herz further discloses wherein the update is a first update and the message is a first message, wherein the method further comprises configuring deployment of a second update that is, providing the second message to the device to cause the device to: obtain an updated software file from a database (paragraphs [0119][0123]; application repository storing a plurality of application updates, so a device can download several application updates (a first update and a second update). Herz does not explicitly teach wherein the method further comprises configuring deployment of a second update that is a non-temporary update on the software file in the device, wherein the device comprises a first partition and a second partition, wherein the first partition and the second partition comprises the software file, and wherein the configuring the deployment of the update comprises: replace the software file in one of the first partition and the second partition with the updated software file; configure the partition with the updated software file as primary partition; and reboot the device to execute the updated software file as primary software. However, Natsume suggests the above (paragraphs [0011][0006]; storing firmware in a main storage area (first partition) and in a sub-storage area (second partition); receiving a firmware update, the firmware update is written to the sub-storage area; after the entire firmware update is received, the sub-storage area becomes the main storage area, and the main storage area becomes the sub-storage area (i.e. configure the partition with the updated software file as primary partition); the ECU is restarted after resetting (i.e. restart the system after updating is completed)). 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 method of firmware update described in Natsume into Herz’s and Hwang’s inventions; this allows the system continuing to function using the primary partition while the firmware update is being written to the second partition (i.e. updating without interrupting system functions)).
Claim 16 is rejected under similar rationales as claim 8.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANG PAN whose telephone number is (571)270-7667. The examiner can normally be reached 9 AM to 5 PM.
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/HANG PAN/Primary Examiner, Art Unit 2193