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 .
Claims 1-9 are pending in this office action.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims
Place holders
Functions
1
First communication device
Second communication device
One or more electronics units
Receive
Receive
Determine, make
2, 3, 4, 5
One or more electronics units
determine
6, 7
One or more electronics units
make
7
switch
select
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
the claimed invention is directed to an abstract Idea without significantly more.
Claims 1, 8 and 9 recite:
“…determine whether a connection between the wireless LAN and the first communication device will be disconnected during reception of the update data via the wireless LAN, and when determining that the connection between the wireless LAN and the first communication device will be disconnected, make an inquiry to a user of the vehicle regarding whether reception of the update data via the cellular line is acceptable….”;
that are certainly a mental process that a person can carry out mentally through observation, evaluation, judgment and/or opinion, or even with the aid of pen and paper.
Claims 1, 8 and 9 additionally recite:
“Receive update data for software via a wireless local area network (LAN)…receive the update data via a cellular line…”.
While claims 1, 8, and 9 additionally recite:
“… a first communication device … a second communication device … and one or more electronic control…”.
Claim 9 additionally recites:
“…non-transitory storage medium..”
The additional elements “non-transitory storage medium”, “… a first communication device … a second communication device … and one or more electronic control…” are directed to generic computer components which are recited at a high level of generality, but to nothing more than an instruction implement “to apply” the abstract idea using a generic computer. See MPEP 2106.05(f).
The additional elements “…Receive update data …” are directed to storing, retrieving and manipulating data, that is mere data gathering/storing and does nothing more than adding insignificant extra solution activity to the judicial exception, that is a mere data gathering. See MPEP 2106.05(g).
Claims 1, 8, 9 additional elements do not add meaningful limits to practicing the abstract idea, but to nothing more than an instruction to apply the abstract idea using a generic computer. Thus, the additional elements fail to integrate the judicial exception into a practical application.
Claims 1, 8, 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with regard to integration of the abstract idea into a practical application, the additional elements “non-transitory storage medium”,“… a first communication device … a second communication device … and one or more electronic control…” are generic computer component used as a tool to perform the abstract idea.
With regard to the additional element “…Receive update data…” the court have found and identified retrieving/storing/manipulating information as well understood, routine conventional activity in the art. See MPEP 2106.05(d).
Accordingly, the additional elements do not provide an inventive concept, thus claims 1, 8, 9 are not patent eligible.
-Dependents claims 2-7:
claims 2-6, “…wherein the one or more electronic control units...” and claim 7 recites “…a steering wheel of the vehicle includes a switch..” that is a generic computer components and as discussed above it fails to integrate the judicial exception into a practical application nor sufficient to amount to significantly more than the judicial exception.
Claim 2-5 recites: “…determine whether the connection between…”.
Claim 6 and 7 recites “ …make the inquiry…”, and claim 7 additionally recites: “…select whether the reception is acceptable…” that is a mental process.
Dependents claims 2-7 are not patent eligible.
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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US20180077592A1 in view of Kirsch et al US20150304324A1.
As per claim 1, Kim discloses a software management system for a vehicle:
[0182] “The device management application may manage (e.g., install, delete, or update), for example, at least one function (e.g., turn-on/turn-off of an external electronic device itself (or a part of components)”;
the software management system comprising: a first communication device configured to receive update data for software via a wireless local area network (LAN):
This element is interpreted under 35 U.S.C. 112(f) as the model wireless communication module circuitry 17A of vehicle 10 of fig. 1 to communicate with the server over network 18 to download an update for vehicle ECUs.
Kim discloses a communication interface 120 of fig. 1 communicating with the content provider 200 using Wi-Fi network (0062-0064)
Examiner interpretation:
[0062]”Referring to FIG. 1, a terminal 100 may communicate with a server 200 through different networks. For example, the terminal 100 may download data using a first network from the server 200 and may download data using a second network different from the first network from the server 200.
[0123] Referring to FIG. 8, in operation 801, a terminal 100 of FIG. 1 may receive data through a Wi-Fi network from a server 200 of FIG. 1”;
a second communication device configured to receive the update data via a cellular line:
This element is interpreted under 35 U.S.C. 112(f) as the model wireless communication module circuitry 17b of vehicle 10 of fig. 1 to communicate with the server over network 18 to download an update for vehicle ECUs.
Kim discloses a communication interface 120 of fig. 1 communicating with the content provider 200 using cellular network (0062-0064)
Examiner interpretation:
[0062]”Referring to FIG. 1, a terminal 100 may communicate with a server 200 through different networks. For example, the terminal 100 may download data using a first network from the server 200 and may download data using a second network different from the first network from the server 200.
[0127] “If it is determined that the measured throughput is the insufficient Wi-Fi TP, in operation 817, the terminal 100 may switch a data receive path to a cellular network.”;
and one or more electronic control units configured to determine whether a connection between the wireless LAN and the first communication device will be disconnected during reception of the update data via the wireless LAN:
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 to predict the status of connection between the vehicle and server using communications devices(wireless/cellular) as in (0031)..
Kim discloses a terminal 100 that determine the status of the connection between the terminal and the server based on the communication devices.
Examiner interpretation:
[0127]“While the application is in streaming, in operation 813, the terminal 100 may measure a Wi-Fi TP. In operation 815, the terminal 100 may determine whether the measured throughput is an insufficient Wi-Fi TP. If it is determined that the measured throughput is the insufficient Wi-Fi TP, in operation 817, the terminal 100 may switch a data receive path to a cellular network”;
and when determining that the connection between the wireless LAN and the first communication device will be disconnected:
[0011] “In accordance with another aspect of the present disclosure, a method is provided. The method may include receiving data using secure protocol through a first network from a server, determining a state of a buffer that stores the data, terminating a session established between the electronic device and the server through the first network based on the state of the buffer and signal state of a second network, establishing a new session between the electronic device and the server through the second network, and measuring a data throughput of the second network for the server during a measuring time, and, if the measured data throughput meets a pre-defined condition, receiving the content through the second network”;
But not explicitly:
make an inquiry to a user of the vehicle regarding whether reception of the update data via the cellular line is acceptable;
Kirsch discloses:
make an inquiry to a user of the vehicle regarding whether reception of the update data via the cellular line is acceptable:
this element is interpreted as a module 60/62 of vehicle 10 of fig. 1 executing steps of 0034 to make an inquiry to the user.
Kirsch discloses a vehicle with a steering wheel including buttons that allow the user to accept/deny connection inquiry executing steps [0030].
Examiner interpretation:
[0030]”A driver or occupant may be provided with an interface 220 which includes a heads-up-display (HUD) enabling a driver to “accept” or “deny” connection requests or incoming connection requests using buttons on the steering wheel, buttons on a console of the vehicle, hardware buttons, software buttons (e.g., on-screen or on-display soft buttons), etc.”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Kirsch into teachings of Kim to mitigate distractions for a driver while operating a vehicle. In some vehicles, it may be impossible to connect devices to the vehicle or a system of the vehicle during operation due to features which disable such interactions or setup of a connection while the vehicle is in motion, for example. A vehicle may require a user, occupant, or driver to place the vehicle in park in order for one or more connections (e.g., Bluetooth®, wireless, Wi-Fi, etc.) between a device and the vehicle to be created or established. Thus, efficiently introducing an interface to accept, establish, create, authenticate, etc. or otherwise acquiesce to one or more connections between one or more devices.[Kirsch 0038].
As per claim 8, Kim discloses a software management method for a vehicle including a first communication device configured to receive update data for software via a wireless local area network (LAN):
[0062]”Referring to FIG. 1, a terminal 100 may communicate with a server 200 through different networks. For example, the terminal 100 may download data using a first network from the server 200 and may download data using a second network different from the first network from the server 200.
[0123] Referring to FIG. 8, in operation 801, a terminal 100 of FIG. 1 may receive data through a Wi-Fi network from a server 200 of FIG. 1”;
and a second communication device configured to receive the update data via a cellular line:
[0062]”Referring to FIG. 1, a terminal 100 may communicate with a server 200 through different networks. For example, the terminal 100 may download data using a first network from the server 200 and may download data using a second network different from the first network from the server 200.
[0127] “If it is determined that the measured throughput is the insufficient Wi-Fi TP, in operation 817, the terminal 100 may switch a data receive path to a cellular network.”;
the software management method comprising: determining, by one or more electronic control units, whether a connection between the wireless LAN and the first communication device will be disconnected during reception of the update data via the wireless LAN;
[0127]“While the application is in streaming, in operation 813, the terminal 100 may measure a Wi-Fi TP. In operation 815, the terminal 100 may determine whether the measured throughput is an insufficient Wi-Fi TP. If it is determined that the measured throughput is the insufficient Wi-Fi TP, in operation 817, the terminal 100 may switch a data receive path to a cellular network”;
when determination is made that the connection between the wireless LAN and the first communication device will be disconnected:
[0011] “In accordance with another aspect of the present disclosure, a method is provided. The method may include receiving data using secure protocol through a first network from a server, determining a state of a buffer that stores the data, terminating a session established between the electronic device and the server through the first network based on the state of the buffer and signal state of a second network, establishing a new session between the electronic device and the server through the second network, and measuring a data throughput of the second network for the server during a measuring time, and, if the measured data throughput meets a pre-defined condition, receiving the content through the second network”;
But not explicitly:
and making, by the one or more electronic control units, an inquiry to a user of the vehicle regarding whether reception of the update data via the cellular line is acceptable;
Kirsch discloses:
and making, by the one or more electronic control units, an inquiry to a user of the vehicle regarding whether reception of the update data via the cellular line is acceptable:
[0030]”A driver or occupant may be provided with an interface 220 which includes a heads-up-display (HUD) enabling a driver to “accept” or “deny” connection requests or incoming connection requests using buttons on the steering wheel, buttons on a console of the vehicle, hardware buttons, software buttons (e.g., on-screen or on-display soft buttons), etc.”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Kirsch into teachings of Kim to mitigate distractions for a driver while operating a vehicle. In some vehicles, it may be impossible to connect devices to the vehicle or a system of the vehicle during operation due to features which disable such interactions or setup of a connection while the vehicle is in motion, for example. A vehicle may require a user, occupant, or driver to place the vehicle in park in order for one or more connections (e.g., Bluetooth®, wireless, Wi-Fi, etc.) between a device and the vehicle to be created or established. Thus, efficiently introducing an interface to accept, establish, create, authenticate, etc. or otherwise acquiesce to one or more connections between one or more devices.[Kirsch 0038].
Claim 9 is the non-transitory storage medium claim corresponding to method claim 8 and rejected under the same rational set forth in connection with the rejection of claim 8 above.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US20180077592A1 in view of Kirsch et al US20150304324A1 and Diedrich et al US20170024201A1.
As per claim 2 the rejection of claim 1 is incorporated and furthermore Kim does not explicitly disclose:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on speed of the vehicle;
Diedrich discloses:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on speed of the vehicle;
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 to predict the status of connection between the vehicle and server using communications devices(wireless/cellular) as in (0031)..
Diedrich teaches an update manager 230 in vehicle 104that determines if the connection will be disrupted or not based on criteria [0048].
Examiner interpretation:
[0046]“The update manager 230 may use a Bayesian Rule to combine the various probabilities determined based on conditions, connection status, download speeds, vehicle location, and other criteria associated with any of the update rules 226, network data, and vehicle data”.
[0048]“….. Update manager 230 can track a driver's behavior to determine patterns of the vehicle 102 remaining within range of network coverage for one or more networks at certain locations and certain times of day. The update manager 230 can predict whether downloading an update file while the vehicle is traveling in a certain area at a certain average speed would likely provide adequate time to download the update file from remote service provider 106”;
[0052] The user interface 500 can also allow the manufacturer or an end user to configure a use of each network in menu 502 and a general priority of each network in priority menu 504. If two or more networks in menu 502 are set to the same update configuration, the priority menu 504 will instruct computer system 104 as to which network with the highest priority to attempt to use for updates, and if that network fails to connect or becomes unavailable, to switch to a network of a lower priority until a software update process is complete.
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Diedrich into teachings of Kim and Kirsch to offer an alternative configuration to end user on a user interface that further restricts how the update manager selects the networks to update software. the end user or any other relevant entity can determine preferences as one or more criteria that set rules and parameters for accessing the one or more networks for one or more of the update processes. The update manager can also apply certain criteria to the one or more networks that may be available for use by computer system, and, based the one or more criteria, choose which of the available networks to utilize for performing software update processes.[Diedrich 0067].
As per claim 3, the rejection of claim 1 is incorporated and furthermore Kim does not explicitly disclose:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on a traveling area in which the vehicle is traveling.
Diedrich discloses:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on a traveling area in which the vehicle is traveling.
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 to predict the status of connection between the vehicle and server using communications devices(wireless/cellular) as in (0031 and 0048).
Diedrich teaches an update manager 230 in vehicle 104that determines if the connection will be disrupted or not based on criteria [0048].
Examiner interpretation:
[0046]“The update manager 230 may use a Bayesian Rule to combine the various probabilities determined based on conditions, connection status, download speeds, vehicle location, and other criteria associated with any of the update rules 226, network data, and vehicle data”.
[0048]“….. Update manager 230 can track a driver's behavior to determine patterns of the vehicle 102 remaining within range of network coverage for one or more networks at certain locations and certain times of day. The update manager 230 can predict whether downloading an update file while the vehicle is traveling in a certain area at a certain average speed would likely provide adequate time to download the update file from remote service provider 106”;
[0052] The user interface 500 can also allow the manufacturer or an end user to configure a use of each network in menu 502 and a general priority of each network in priority menu 504. If two or more networks in menu 502 are set to the same update configuration, the priority menu 504 will instruct computer system 104 as to which network with the highest priority to attempt to use for updates, and if that network fails to connect or becomes unavailable, to switch to a network of a lower priority until a software update process is complete.
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Diedrich into teachings of Kim and Kirsch to offer an alternative configuration to end user on a user interface that further restricts how the update manager selects the networks to update software. the end user or any other relevant entity can determine preferences as one or more criteria that set rules and parameters for accessing the one or more networks for one or more of the update processes. The update manager can also apply certain criteria to the one or more networks that may be available for use by computer system, and, based the one or more criteria, choose which of the available networks to utilize for performing software update processes.[Diedrich 0067].
As per claim 4, the rejection of claim 1 is incorporated and furthermore Kim does not explicitly disclose:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on map information of an access point for the wireless LAN and position information of the vehicle.
Diedrich discloses:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on map information of an access point for the wireless LAN and position information of the vehicle.
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 to predict the status of connection between the vehicle and server using communications devices(wireless/cellular) as in (0031)..
Diedrich teaches an update manager 230 in vehicle 104that determines if the connection will be disrupted or not based on criteria [0048].
Examiner interpretation:
[0052] The user interface 500 can also allow the manufacturer or an end user to configure a use of each network in menu 502 and a general priority of each network in priority menu 504. If two or more networks in menu 502 are set to the same update configuration, the priority menu 504 will instruct computer system 104 as to which network with the highest priority to attempt to use for updates, and if that network fails to connect or becomes unavailable, to switch to a network of a lower priority until a software update process is complete.
[0049]”Another example of network criteria includes a time of day to check for and download an update file. If a software update file is not a critical update, the update manager 230 can predict, based on preferences in the update rules 226, network type and data speeds, and a time of day, or other criteria, that a specific network accessed at a certain time of day will have a highest likelihood of success to complete a file download.”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Diedrich into teachings of Kim and Kirsch to offer an alternative configuration to end user on a user interface that further restricts how the update manager selects the networks to update software. the end user or any other relevant entity can determine preferences as one or more criteria that set rules and parameters for accessing the one or more networks for one or more of the update processes. The update manager can also apply certain criteria to the one or more networks that may be available for use by computer system, and, based the one or more criteria, choose which of the available networks to utilize for performing software update processes.[Diedrich 0067].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US20180077592A1 in view of Kirsch et al US20150304324A1 and Mezaael et al US20200348923A1.
As per claim 5, the rejection of claim 1 is incorporated and furthermore Kim does not explicitly disclose:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on an amount of charge of a mobile information terminal, when the connection with the wireless LAN is performed by tethering of the mobile information terminal.
Mezaael discloses:
wherein the one or more electronic control units are configured to determine whether the connection between the wireless LAN and the first communication device will be disconnected, based on an amount of charge of a mobile information terminal, when the connection with the wireless LAN is performed by tethering of the mobile information terminal.
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 to predict the status of connection between the vehicle and server using communications devices(wireless/cellular) as in (0031).
Mezaael discloses a module stored in storage 110 of vehicle 102a executing steps of [0030] for determining the status of the mobile phone charge for continuity of update reception.
Examiner interpretation:
[0030] “For instance, at operation 412, the mobile device 128 connects to the vehicle 102a and starts to transfer the data partition to the vehicle 102a. At operation 414, the fleet vehicles 102a and 102b connects to each other and starts to transfer data. The data transfer between the fleet vehicles 102a and 102b may be duplex. The vehicle 102a may receive data partitions from the vehicle 102b while transmitting data partitions to the vehicle 102b so the update data may be shared between the fleet vehicles 102. The entities may be configured to only share the data under certain predefined conditions. For instance, at operation 416, responsive to detecting the battery level is lower than a predefined threshold, the mobile device 128 suspends the data transfer to the vehicle 102a at operation 418. Additionally, a message may be output via the mobile device 128 and/or the vehicle 102a informing the user about the suspension and encourage to recharge the mobile device 128. Additionally, the predefined condition may further include a geofence and the mobile device 128 (as well as other entities) may only transfer the data within or outside such geofence”;
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Mezaael into teachings of Kim and Kirsch to be within a predefined distance for establishing a wireless connection based on the usage pattern of vehicle and the usage pattern of the entity. furthermore, to determine the associations and verifying capability, and next plans and coordinates the software update process by dividing the update data into multiple partitions based on the determination results. furthermore, the cloud sends the data partitions to each of the identified entities.[ Mezaael 0030].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US20180077592A1 in view of Kirsch et al US20150304324A1 and Lin et al US20180108186A1.
As per claim 6, the rejection of claim 1 is incorporated and furthermore Kim does not explicitly disclose:
wherein the one or more electronic control units are configured to make the inquiry to the user while the vehicle is stopped;
Lin discloses:
wherein the one or more electronic control units are configured to make the inquiry to the user while the vehicle is stopped;
This element is interpreted under 35 U.S.C. 112(f) as one of the ECUs of vehicle 10 of fig. 1 make an inquiry to the user using steps S140 of fig. 2.
Lin discloses a vehicle executing a module executing steps in fig. 5 to make an inquiry to the user.
Examiner interpretation:
[0049] In the affirmative, i.e., when it is determined in step S63 that the wireless connection between the wireless communication module 32 of the dashboard device 3 and the wireless communication unit 43 of the mobile device 4 is interrupted, the flow proceeds to step S64. In step S64, the processing module 31 of the dashboard device 3 makes a pause in receiving the data stream of the program file from the mobile device 4. In this embodiment, interruption of the wireless connection may occur in the aforementioned scenario where the mobile device 4 is temporarily carried away from the vehicle 9 which is parked with the power switch 81 switched to the Key OFF state, such that a distance between the vehicle 9 and the mobile device 4 is too far to maintain the wireless connection.
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Lin into teachings of Kim and Kirsch for updating firmware of the vehicle according to the disclosure is configured to make a pause in or to resume receiving the data stream of the program file from the mobile device based on whether the wireless connection between the dashboard device and the mobile device is interrupted or recovered, so that data transfer of the program file can continue in the presence of the wireless connection.[Lin 0068].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US20180077592A1 in view of Kirsch et al US20150304324A1 and further in view of Lin et al US2018018186A1 and Diedrich et al US20170024201A1.
As per claim 7, the rejection of claim 6 is incorporated and furthermore Kim does not explicitly disclose:
wherein: a steering wheel of the vehicle includes a switch configured to be operated to select whether the reception is acceptable;
the one or more electronic control units are further configured to make the inquiry to the user while the vehicle is traveling;
Kirsch discloses:
wherein: a steering wheel of the vehicle includes a switch configured to be operated to select whether the reception is acceptable:
this element is interpreted as a module 60/62 of vehicle 10 of fig. 1 executing steps of 0034 to make an inquiry to the user.
Kirsch discloses a vehicle with a steering wheel including buttons that allow the user to accept/deny connection inquiry executing steps [0030].
Examiner interpretation:
[0030]”A driver or occupant may be provided with an interface 220 which includes a heads-up-display (HUD) enabling a driver to “accept” or “deny” connection requests or incoming connection requests using buttons on the steering wheel, buttons on a console of the vehicle, hardware buttons, software buttons (e.g., on-screen or on-display soft buttons), etc.”
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Kirsch into teachings of Kim and Lin to mitigate distractions for a driver while operating a vehicle. In some vehicles, it may be impossible to connect devices to the vehicle or a system of the vehicle during operation due to features which disable such interactions or setup of a connection while the vehicle is in motion, for example. A vehicle may require a user, occupant, or driver to place the vehicle in park in order for one or more connections (e.g., Bluetooth®, wireless, Wi-Fi, etc.) between a device and the vehicle to be created or established. Thus, efficiently introducing an interface to accept, establish, create, authenticate, etc. or otherwise acquiesce to one or more connections between one or more devices.[Kirsch 0038].
But not explicitly:
the one or more electronic control units are further configured to make the inquiry to the user while the vehicle is traveling;
Diedrich discloses:
the one or more electronic control units are further configured to make the inquiry to the user while the vehicle is traveling:
this element is interpreted as a module 60/62 of a moving vehicle 10 of fig. 1 executing steps of 0042 to make an inquiry to the user.
Diedrich discloses an interface of the vehicle executed by the processor that allow the user to switch to another network if the connection will be lost while the vehicle is travelling in an area [0048-0052].
Examiner interpretation:
[0052] The user interface 500 can also allow the manufacturer or an end user to configure a use of each network in menu 502 and a general priority of each network in priority menu 504. If two or more networks in menu 502 are set to the same update configuration, the priority menu 504 will instruct computer system 104 as to which network with the highest priority to attempt to use for updates, and if that network fails to connect or becomes unavailable, to switch to a network of a lower priority until a software update process is complete.
[0048]“The update manager 230 can predict whether downloading an update file while the vehicle is traveling in a certain area at a certain average speed would likely provide adequate time to download the update file from remote service provider 106”.
It would have obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of cited references. One of ordinary skill in the art before the effective filling date of the claimed invention would have been motivated to incorporate the teachings of Diedrich into teachings of Kim, Kirsch and Li to offer an alternative configuration to end user on a user interface that further restricts how the update manager selects the networks to update software. the end user or any other relevant entity can determine preferences as one or more criteria that set rules and parameters for accessing the one or more networks for one or more of the update processes. The update manager can also apply certain criteria to the one or more networks that may be available for use by computer system, and, based the one or more criteria, choose which of the available networks to utilize for performing software update processes.[Diedrich 0067].
Pertinent arts:
US20230017403A1:
System, methods, and other embodiments described herein relate to updating vehicle software by using additional connectivity from an alternate device.
US20180167380A1:
A network connection determined to be secure for receiving a software update based on the security requirement. The software update is downloaded using the network connection.
Conclusion
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/BRAHIM BOURZIK/ Examiner, Art Unit 2191
/WEI Y MUI/ Supervisory Patent Examiner, Art Unit 2191