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 .
Detail Action
This office action is in response to the application filed on 4/5/2024.
Claims 1-5 are pending.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang, (CN 201811518405 A) in view of Heeter (US 2023/0376997 A9)
Per claim 1,
Tang discloses
An in-vehicle apparatus to be applied to a vehicle, the in-vehicle apparatus comprising (pp. 3, 3rd para., discloses vehicle entertainment system corresponding to an in-vehicle apparatus):
A communicator (pp.3, discloses downloading software package to the vehicle entertainment system inherently discloses a communicator to enable download).
Download a data file from server (see above)
Tang does not, however, Heeter discloses
a communicator configured to communicate with a first portable device;
a display configured to display a pattern image comprising first setting data indicating a connection setting to a server; ([0241], discloses a device displays a QR code corresponding to pattern image that is scannable by a smartphone corresponding to a portable device, [0024], scan of QR code by users smartphone with “tethered” connection between the device and the user’s smartphone…facilitate secure internet service (to a server) for purpose of downloading firmware update to the device. Since the secure internet service to a server is produced by scanning the QR code, corresponding setting data to connect to a server is disclosed. [0244], discloses QR code contain embedded data string information for configuring the device.)
a processor configured to request the first portable device communicably coupled to the communicator to establish a communication connection to the server based on the first setting data acquired by capturing the pattern image and download a data file from the server. (Continue from above, see secure internet service as a result of scanning QR code for downloading firmware update to a device via establishing a communication connection to the server.)
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the invention to incorporate the teachings of Heeter into the teachings of Tang to include the limitation disclosed by Heeter. The modification would be obvious to one of ordinary skill in the art to want to update device firmware based on QR code generated by the device so matching software/firmware can be downloaded to the device for update.
Per claim 2, the rejection of claim 1 is incorporated;
Tang/Heeter discloses
wherein the pattern image further comprises second setting data indicating a connection setting to the communicator, and the processor is configured to request the first portable device to establish a communication connection to the communicator based on the second setting data acquired by capturing the pattern image. (Heeter, [0024], scan of QR code by users smartphone with “tethered” connection between the device and the user’s smartphone is configured using second setting data as from QR code.)
Per claim 3, the rejection of claim 1 is incorporated;
Tang/Heeter discloses
wherein the communicator is further configured to communicate with a second portable device, and the processor is further configured to request the second portable device communicably coupled to the communicator to establish a communication connection to the server based on the first setting data acquired by capturing the pattern image and download a data file from the server. (continue, Heeter, [0241] where a smartphone corresponds to a portable device where it can be first portable device or a second portable device.)
Per claim 5, the rejection of claim 1 is incorporated;
Tang/Heeter discloses
wherein the communicator is configured to receive the data file downloaded from the server and transmitted from the first portable device communicably coupled to the communicator.( Heeter, [0024], scan of QR code by users smartphone with “tethered” connection between the device and the user’s smartphone…facilitate secure internet service (to a server) for purpose of downloading firmware update to the device.)
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang, (CN 201811518405 A) in view of Heeter (US 2023/0376997 A9) and further in view of Wehrman et al. (US 20150363210 A1)
Per claim 4, the rejection of claim 1 is incorporated;
Tang/Heeter discloses
and the display is configured to display the pattern image when the operation input unit receives an operational input indicating that the software is to be updated. (Heeterm [0241], discloses device is activated into setup mode…then QR code is generated…[0242], downloading firmware update)
Tang/Heeter does not, however, Wehrman discloses
further comprising an operation input unit configured to receive an operational input performed by an occupant of the vehicle, wherein the communicator is configured to communicate with the server, the display is configured to display a message asking the occupant whether to update software when the communicator receives, from the server,( [0050], discloses message prompt to user via display if user agree to update)
a notification indicating that the data file configured to update the software is in the server, ([0058], discloses indications of software updates including links or other identifiers of software updates)
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the invention to incorporate the teachings of Wehrman into the teachings of Tang/Heeter to include the limitation disclosed by Wehrman. The modification would be obvious to one of ordinary skill in the art to want to ensure user satisfaction via agreement confirmation by user prior to software update.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
It is noted that any citation [[s]] to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. [[See, MPEP 2123]]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Philip Wang whose telephone number is 571-272-5934. The examiner can normally be reached on Monday – Friday 8:00AM -4:00PM. Any inquiry of general nature or relating to the status of this application should be directed to the TC2100 Group receptionist: 571-272-2100.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lewis Bullock, can be reached at 571-272-3759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/PHILIP WANG/Primary Examiner, Art Unit 2199