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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Software Update In-Vehicle with a Portable Device”.
The disclosure is objected to because of the following informalities: summary and abstract are verbatim as claim language. Appropriate correction is required.
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 1-5 are rejected under 35 U.S.C. 101 because
As per claim 1
under Step 2A, Prong 1,
Claims 1 recite
Under its broadest reasonable interruption
assign data files configured to be downloaded from the server to the portable devices respectively based on the speed datasets can be reasonably carried out in the human mind with the aid of pen and paper, through observation, evaluation, judgment, opinion, thus it is reasonable to identify these limitation as reciting a mental process.
Step 2A – Prong 2:
An in-vehicle apparatus comprising:
a communicator configured to communicate with portable devices and
a processor merely recites instructions to implement an abstract idea on a generic computer, or merely uses a generic computer or computer components as a tool to perform the abstract idea which does not integrate the judicial exception into a practical application. See MPEP 2106.05(f).
The additional element acquires speed datasets, each of the datasets indicating a communication speed between each of the portable devices and a server from each of the portable devices communicably coupled to the communicator and request the portable devices to download the respectively assigned data files from the server merely recite insignificant extra solution activity such as data gathering which does not integrate the judicial exception into a practical application. See MPEP 2106.05(g).
Step 2B
The additional elements “An in-vehicle apparatus comprising:
a communicator configured to communicate with portable devices; and
a processor merely recite instructions to implement an abstract idea on a generic computer, or merely uses a generic computer or computer components as a tool to perform the abstract idea thus do not amount to significantly more than the judicial exception. See MPEP 2106.05(f).
The additional element acquire speed datasets, each of the datasets indicating a communication speed between each of the portable devices and a server from each of the portable devices communicably coupled to the communicator and request the portable devices to download the respectively assigned data files from the server is merely data gathering which the courts have identified as well-understood, routine, conventional activity, thus do not amount to significantly more than the judicial exception. See MPEP 2106.05(d).
Claim 2
wherein the processor is configured to assign a first data file of the data files having a first file size to a first portable device among the portable devices, the first portable device being configured to communicate with the server at a first communication speed, and assign a second data file of the data files having a second file size to a second portable device among the portable devices, the second portable device being configured to communicate with the server at a second communication speed, the second file size being smaller than the first file size, the second communication speed being lower than the first communication speed carried out in the human mind with the aid of pen and paper, thus it is reasonable to identify these limitation as reciting a mental process.
Claims 3-4
wherein the communication speed indicated by each of the speed datasets comprises an actual communication speed obtained upon communication between each of the portable devices and the server does nothing more than additional insignificant extra solution activity to the judicial expectation, such as data gathering of data gathering such as acquiring speed data set and it doesn’t integrate into practical application and doesn’t amount the significant maore-2106.05(d).
Claim 5
The communicator is configured to receive data file… merely recite insignificant extra solution activity such as data gathering which does not integrate the judicial exception into a practical application and doesn’t amount to significant more-2106.05(d).
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al USPN 11,333505 in view of Kang et al USPN 11, 775,288.
Regarding claim 1
Zhang et al teaches
a communicator configured to communicate with portable devices (column 11, line 34, the communication interface 201c may comprise input interface and output interface for supporting communications to and from any component with which the system 101 may communicate. The communication interface 201c may be any means such as a device or circuitry embodied in either hardware or a combination of hardware and software that is configured to receive and/or transmit data to/from a communications device) and (column 8, line 35, the user equipment 113, 115 may be any user accessible device such as a mobile phone, a smartphone, a portable computer, and the like that is portable in itself or as a part of another portable/mobile object such as a vehicle. In some example embodiments, user equipment 113, 115 may be vehicles. Accordingly, hereinafter the user equipment 113, 115 may also be referred to as vehicles 113);
a processor configured to acquire speed datasets, each of the datasets indicating a communication speed between each of the portable devices and a server from each of the portable devices communicably coupled to the communicator (column 2, line 16, according to one embodiment, to generate the speed index for each of the one or more effective links, the at least one processor is further configured to determine speed data for the one or more effective links based on the first vehicle sensor data and generate the speed index for each of the one or more effective links based on the speed data for the one or more effective links) and (column 8, line 35, user equipment 113, 115 may be any user accessible device such as a mobile phone, a smartphone, a portable computer, and the like that is portable in itself or as a part of another portable/mobile object such as a vehicle. In some example embodiments, user equipment 113, 115 may be vehicles. Accordingly, hereinafter the user equipment 113, 115 may also be referred to as vehicles 113, 115. The user equipment 113, 115 may comprise a processor, a memory and a communication interface. The processor, the memory and the communication interface may be communicatively coupled to each other. In some example embodiments, the user equipment 113, 115 may be associated, coupled, or otherwise integrated with a vehicle of the user, such as an advanced driver assistance system (ADAS), a personal navigation device (PND), a portable navigation device, an infotainment system and/or other device that may be configured to provide route guidance and navigation related functions to the user. As such, the user equipment 113, 115 may be an autonomous semi-autonomous vehicle or a manually driven vehicle);
request the portable devices to download the respectively assigned data files from the server (column 7, line 32, the database 107 may be a master geographic database, but in alternate embodiments, the database 107 may be embodied as a client-side map database and may represent a compiled navigation database that may be used in or with end user devices (such as user equipment 113, 115) to provide navigation and/or map-related functions. In such a case, the database 107 may be downloaded or stored on the end user devices (such as user equipment 113, 115). Zhang et al teaches seed datasets and configured to download from the server (column 7, line 32, as mentioned above, the database 107 may be a master geographic database, but in alternate embodiments, the database 107 may be embodied as a client-side map database and may represent a compiled navigation database that may be used in or with end user devices (such as user equipment 113, 115) to provide navigation and/or map-related functions. In such a case, the database 107 may be downloaded or stored on the end user devices (such as user equipment 113, 115) but doesn’t tech explicitly assign data files however Kang et al teaches (column 8, line 44, wherein the program data is divided into different partition according to a program, a kernel, or a file system, and the partition may comprise at least one or more blocks. The program data in a partition is also divided into different block, in which all the program data are divided by block size in case of a program (binary) and a kernel. In case of a filesystem, the block is derived by dividing each file data constituting the file system by corresponding block size.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate files to be assigned for downloading. The modification would have been obvious because one of ordinary skill in the art would have been motivated to combine teaching into because it helps users locate information quickly, reduce errors, and save valuable time and proper file management also improves data security and ensures better compliance.
Regarding claim 2
Kang et al teaches
wherein the processor is configured to assign a first data file of the data files having a first file size to a first portable device among the portable devices, the first portable device being configured to communicate with the server at a first communication speed (column 2, line 40, in addition, Korean Patent Registration No. 1541112 (2015.07.31.) also relates to an FOTA (Firmware Over The Air) system and its execution method. Wherein the system comprises a communication unit for performing data communication with a FOTA server and receiving a download file, a download unit for controlling receiving of the download file through the communication unit, a socket layer for configuring a function library for network connection and data IO (Input Output) with the FOTA server, a control unit for comparing the download file of the download unit with the currently installed file, extracting a difference file, generating and installing an update file, and a memory unit for storing the update file );
assign a second data file of the data files having a second file size to a second portable device among the portable devices, the second portable device being configured to communicate with the server at a second communication speed, the second file size being smaller than the first file size, the second communication speed being lower than the first communication speed (column 8, line 44, wherein the program data is divided into different partition according to a program, a kernel, or a file system, and the partition may comprise at least one or more blocks. The program data in a partition is also divided into different block, in which all the program data are divided by block size in case of a program (binary) and a kernel. In case of a filesystem, the block is derived by dividing each file data constituting the file system by corresponding block size) and (column 8, line 62, it is one of main features of the present invention that since predetermined length of data streams for a specific block in old and new versions of software data are entirely compared, for example, when only software data related to a specific function block included in the specific block is changed, only differential information and data are generated because the only software data for corresponding function block is changed, and only the differential information is generated and differential data is not generated for the unchanged parts. Therefore, the processing speed for generating differential data is very fast, and the size of differential data can be reduced). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate different files with different sizes. The modification would have been obvious because one of ordinary skill in the art would have been motivated to combine teaching into because when files are compressed, they are reduced in size, making them quicker and easier to transfer over the internet or other networks and it save valuable time, especially when sending large files or sharing multiple documents.
Regarding claim 3
Zhang et al teaches
wherein the communication speed indicated by each of the speed datasets comprises an actual communication speed obtained upon communication between each of the portable devices and the server (column 17, line 62, at907, the method comprises generating a speed index for each of the one or more effective links based on the first vehicle sensor data. Towards this objective, the method may further comprise determining speed data for the one or more effective links based on the first vehicle sensor data and generating the speed index for each of the one or more effective links based on the speed data for the one or more effective links. The speed data for the one or more effective links may comprise at least one of a mean speed, a median speed, or an 85.sup.th percentile speed. At 909, the method comprises generating the updated map data based on the speed index for each of the one or more effective links. Further, for generating the updated map data the method comprises generating speed value of the speed sign based on the map data of the speed sign, comparing the speed value of the speed sign and the speed index of each of the one or more effective links to determine a best match link for the speed sign among the one or more effective links and generating the updated map data based on the best match link for the speed sign). The feature of providing speed dataset… would be obvious for the reasons set forth in the rejection of claim 1.
Regarding claim 4
Zhang et al teaches
the communication speed indicated by each of the speed datasets comprises a communication speed estimated based on a standard of wireless communication to be used upon communication between each of the portable devices and the server (column 15, line 15, the calculated speed data for the effective links 403 may for example, include speed data for current map-matched link 311, left parallel link and right parallel link (if any), for the speed sign 309. In some example embodiments, the speed data may be calculated for a downstream distance of 100 meters from the map-matched location 405 of the speed sign 309. The 85.sup.th percentile speed may be considered to be the free flow speed. Therefore, the speed data for the speed sign 309 may be represented with respect to the one or more map-matched links and the plurality of parallel links for the speed sign 3090). The feature of providing estimating speed… would be obvious for the reasons set forth in the rejection of claim 1.
Regarding claim 5
Zhang et al teaches
wherein the communicator is configured to receive the data files downloaded from the server and transmitted from the portable devices communicably coupled to the communicator (column 7, line 32, as mentioned above, the database 107 may be a master geographic database, but in alternate embodiments, the database 107 may be embodied as a client-side map database and may represent a compiled navigation database that may be used in or with end user devices (such as user equipment 113, 115) to provide navigation and/or map-related functions. In such a case, the database 107 may be downloaded or stored on the end user devices (such as user equipment 113, 115). The feature of providing downloading… would be obvious for the reasons set forth in the rejection of claim 1.
Relevant Prior Art
US 11704107 B2 McFarland et al Software Updates Based On Transport-related Actions
US 8954719 B2 Dicks et al teaches Method For Remote Provisioning Of Electronic Devices By Overlaying An Initial Image With An Updated Image
US 8417258 B2 Barnes teaches Portable Communications Device And Method
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anil Khatri whose telephone number is (571)272-3725. The examiner can normally be reached M-F 8:30-5:00.
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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.
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/ANIL KHATRI/Primary Examiner, Art Unit 2191
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