Prosecution Insights
Last updated: August 16, 2026
Application No. 18/729,226

IN-VEHICLE CONTROL DEVICE, CONTROL METHOD, AND COMPUTER PROGRAM

Non-Final OA §DP
Filed
Jul 16, 2024
Priority
Jan 18, 2022 — JP 2022-005674 +1 more
Examiner
SRIVASTAVA, VIVEK
Art Unit
Tech Center
Assignee
Sumitomo Electric Industries Ltd.
OA Round
1 (Non-Final)
21%
Grant Probability
At Risk
1-2
OA Rounds
2y 0m
Est. Remaining
18%
With Interview

Examiner Intelligence

Grants only 21% of cases
21%
Career Allowance Rate
15 granted / 72 resolved
-39.2% vs TC avg
Minimal -3% lift
Without
With
+-2.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
6 currently pending
Career history
86
Total Applications
across all art units

Statute-Specific Performance

§101
12.8%
-27.2% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 72 resolved cases

Office Action

§DP
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 . Double Patenting Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 2025/0115195 (US 18/729,872). Although the claims at issue are not identical, they are not patentably distinct from each other because It would have been obvious to modify the claims of co-pending application US 18/729,872 to arrive at the claims of the instant application. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. A claim by claim comparison has been provided below: INSTANT APPLICATION COPENDING APPLICATION 1. (Original) An in-vehicle control device to be installed in a vehicle, comprising: physical resources including a control unit, a storage unit, and a communication unit; and a management unit configured to generate a plurality of virtual machines by allocating the physical resources for each allocation time, the plurality of virtual machines including: a first virtual machine configured to communicate with an external device provided outside the in-vehicle control device and execute processing not carriable over to a next cycle; and a second virtual machine configured to execute processing carriable over to the next cycle, the management unit executing a first change control for changing an allocation time of each of the first virtual machine and the second virtual machine, and the first change control including: a control for acquiring a processing time of the first virtual machine in a first cycle; and a control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change of the buffer time is lower than a first predetermined value. 1. (Original) An in-vehicle control device to be installed in a vehicle, comprising: physical resources including a control unit, a storage unit, and a communication unit; and a management unit configured to generate a plurality of virtual machines by allocating the physical resources for each allocation time, the plurality of virtual machines including: a first virtual machine configured to communicate with an external device provided outside the in-vehicle control device and execute processing not carriable over to a next cycle; and a second virtual machine configured to execute processing carriable over to the next cycle, and the management unit executing a first control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine, when a predetermined condition indicating deterioration of the external device is satisfied. 2. (Original) The in-vehicle control device according to claim 1, wherein the management unit executes the first change control, when the number of communication retries to the external device by the first virtual machine increases. 2. (Original) The in-vehicle control device according to claim 1, wherein the predetermined condition includes: a predetermined time or longer elapsing from a reference timepoint, the external device operating for a predetermined time or longer from the reference timepoint, or the vehicle traveling a predetermined distance or more from the reference timepoint, and the reference timepoint includes: a timepoint at which use of the external device is started, or a timepoint at which the allocation time of the first virtual machine is extended. 3. (Currently amended) The in-vehicle control device according to claim 1, wherein the management unit, after executing the first change control, further executes a second change control for changing the allocation time of each of the first virtual machine and the second virtual machine, and the second change control includes: a control for acquiring a processing time of the first virtual machine in a second cycle after the first cycle; and a control for shortening the allocation time of the first virtual machine and extending the allocation time of the second virtual machine in a cycle after the second cycle, when a buffer time calculated based on the acquired processing time and the allocation time of the first virtual machine changed in the first change control or a rate of change of the buffer time exceeds a second predetermined value greater than or equal to the first predetermined value. 3. (Currently amended) The in-vehicle control device according to claim 1, wherein the storage unit stores a first allocation time and a second allocation time that is longer than the first allocation time, and the management unit sets the allocation time of the first virtual machine to the first allocation time, before the predetermined condition is satisfied, and sets the allocation time of the first virtual machine to the second allocation time, when the predetermined condition is satisfied. 4. (Original) The in-vehicle control device according to claim 3, wherein the management unit executes the second change control, when the number of communication retries to the external device by the first virtual machine decreases. 4. (Original) The in-vehicle control device according to claim 3, wherein the storage unit stores a table in which information relating to the predetermined condition is associated with allocation times of the first virtual machine including the first allocation time and the second allocation time, and the management unit, in the first control, extends the allocation time of the first virtual machine, based on an allocation time acquired with reference to the table. 5. (Currently amended) The in-vehicle control device according to any one of claims 1, wherein the management unit further executes a third change control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine, when a predetermined condition indicating deterioration of the external device is satisfied. 5. (Currently amended) The in-vehicle control device according to claim 1, wherein the management unit, after executing the first control, further executes a second control for further changing the allocation time of each of the first virtual machine and the second virtual machine, and the second control includes: a control for acquiring a processing time of the first virtual machine in a first cycle; and a control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change in the buffer time is lower than a first predetermined value. 6. (Original) The in-vehicle control device according to claim 5, wherein the storage unit stores a first allocation time and a second allocation time that is longer than the first allocation time, and the management unit executes the first change control after the third change control, in the third change control, sets the allocation time of the first virtual machine to the first allocation time, before the predetermined condition is satisfied, and sets the allocation time of the first virtual machine to the second allocation time, when the predetermined condition is satisfied, and in the first change control, extends the allocation time of the first virtual machine from the second allocation time. 6. (Original) The in-vehicle control device according to claim 5, wherein the management unit executes the second control, when the number of communication retries to the external device by the first virtual machine increases. 7. (Original) The in-vehicle control device according to claim 6, wherein the storage unit stores a table in which information relating to the predetermined condition is associated with allocation times of the first virtual machine including the first allocation time and the second allocation time, and the management unit, in the third change control, extends the allocation time of the first virtual machine with reference to the table, when the predetermined condition is satisfied. 7. (Currently amended) The in-vehicle control device according to claim 5, wherein the management unit, after executing the second control, further executes a third control for changing the allocation time of each of the first virtual machine and the second virtual machine, and the third control includes: a control for acquiring a processing time of the first virtual machine in a second cycle after the first cycle; and a control for shortening the allocation time of the first virtual machine and extending the allocation time of the second virtual machine in a cycle after the second cycle, when a buffer time calculated based on the acquired processing time and the allocation time of the first virtual machine changed in the first control exceeds a second predetermined value greater than the first predetermined value 8. (Currently amended) The in-vehicle control device according to claim 5, wherein the predetermined condition includes: a predetermined time or longer elapsing from a reference timepoint, the external device operating for a predetermined time or longer from the reference timepoint, or the vehicle traveling a predetermined distance or more from the reference timepoint, and the reference timepoint includes: a timepoint at which use of the external device is started, or a timepoint at which the allocation time of the first virtual machine is extended. 8. (Original) The in-vehicle control device according to claim 7, wherein the management unit executes the third control, when the number of communication retries to the external device by the first virtual machine decreases. 9. (Original) A control method for controlling an in-vehicle control device to be installed in a vehicle, the control method comprising: a generating step of generating a plurality of virtual machines by allocating, for each allocation time, physical resources including a control unit, a storage unit, and a communication unit; and a control step of changing an allocation time of each of a first virtual machine and a second virtual machine among the plurality of virtual machines, the first virtual machine being configured to communicate with an external device provided outside the in-vehicle control device and execute processing not carriable over to a next cycle, the second virtual machine being configured to execute processing carriable over to the next cycle, and the control step including: an acquisition step of acquiring a processing time of the first virtual machine in a first cycle; and a change step of extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change of the buffer time is lower than a first predetermined value. 9. (Original) A control method for controlling an in-vehicle control device to be installed in a vehicle, the control method comprising: a generating step of generating a plurality of virtual machines by allocating, for each allocation time, physical resources including a control unit, a storage unit, and a communication unit; and a control step of extending an allocation time of a first virtual machine among the plurality of virtual machines and shortening an allocation time of a second virtual machine among the plurality of virtual machines, when a predetermined condition indicating deterioration of an external device provided outside the in-vehicle control device is satisfied, the first virtual machine being configured to communicate with the external device and execute processing not carriable over to a next cycle, and the second virtual machine being configured to execute processing carriable over to the next cycle. 10. (Original) A computer program for controlling an in-vehicle control device to be installed in a vehicle, the computer program causing a computer to execute: a generating step of generating a plurality of virtual machines by allocating, for each allocation time, physical resources including a control unit, a storage unit, and a communication unit; and a control step of changing an allocation time of each of a first virtual machine and a second virtual machine among the plurality of virtual machines, the first virtual machine being configured to communicate with an external device provided outside the in-vehicle control device and execute processing not carriable over to a next cycle, the second virtual machine being configured to execute processing carriable over to the next cycle, and the control step including: an acquisition step of acquiring a processing time of the first virtual machine in a first cycle; and a change step of extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change of the buffer time is lower than a first predetermined value. 10. (Original) A computer program for controlling an in-vehicle control device to be installed in a vehicle, the computer program causing a computer to execute: a generating step of generating a plurality of virtual machines by allocating, for each allocation time, physical resources including a control unit, a storage unit, and a communication unit; and a control step of extending an allocation time of a first virtual machine among the plurality of virtual machines and shortening an allocation time of a second virtual machine among the plurality of virtual machines, when a predetermined condition indicating deterioration of an external device provided outside the in-vehicle control device is satisfied, the first virtual machine being configured to communicate with the external device and execute processing not carriable over to a next cycle, and the second virtual machine being configured to execute processing carriable over to the next cycle. 11. (New) The in-vehicle control device according to claim 2, wherein the management unit, after executing the first change control, further executes a second change control for changing the allocation time of each of the first virtual machine and the second virtual machine, and the second change control includes: a control for acquiring a processing time of the first virtual machine in a second cycle after the first cycle; and a control for shortening the allocation time of the first virtual machine and extending the allocation time of the second virtual machine in a cycle after the second cycle, when a buffer time calculated based on the acquired processing time and the allocation time of the first virtual machine changed in the first change control or a rate of change of the buffer time exceeds a second predetermined value greater than first predetermined value. 11. (New) The in-vehicle control device according to claim 2, wherein the storage unit stores a first allocation time and a second allocation time that is longer than the first allocation time, and the management unit sets the allocation time of the first virtual machine to the first allocation time, before the predetermined condition is satisfied, and sets the allocation time of the first virtual machine to the second allocation time, when the predetermined condition is satisfied. 12. (New) The in-vehicle control device according to claim 2, wherein the management unit further executes a third change control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine, when a predetermined condition indicating deterioration of the external device is satisfied. 12. (New) The in-vehicle control device according to claim 2, wherein the management unit, after executing the first control, further executes a second control for further changing the allocation time of each of the first virtual machine and the second virtual machine, and the second control includes: a control for acquiring a processing time of the first virtual machine in a first cycle; and a control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change in the buffer time is lower than a first predetermined value. 13. (New) The in-vehicle control device according to claim 3, wherein the management unit further executes a third change control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine, when a predetermined condition indicating deterioration of the external device is satisfied. 13. (New) The in-vehicle control device according to claim 3, wherein the management unit, after executing the first control, further executes a second control for further changing the allocation time of each of the first virtual machine and the second virtual machine, and the second control includes: a control for acquiring a processing time of the first virtual machine in a first cycle; and a control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change in the buffer time is lower than a first predetermined value. 14. (New) The in-vehicle control device according to claim 4, wherein the management unit further executes a third change control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine, when a predetermined condition indicating deterioration of the external device is satisfied. 14. (New) The in-vehicle control device according to claim 4, wherein the management unit, after executing the first control, further executes a second control for further changing the allocation time of each of the first virtual machine and the second virtual machine, and the second control includes: a control for acquiring a processing time of the first virtual machine in a first cycle; and a control for extending the allocation time of the first virtual machine and shortening the allocation time of the second virtual machine in a cycle after the first cycle, when a buffer time calculated based on the acquired processing time and the allocation time set for the first virtual machine or a rate of change in the buffer time is lower than a first predetermined value. 15. (New) The in-vehicle control device according to claim 6, wherein the predetermined condition includes: a predetermined time or longer elapsing from a reference timepoint, the external device operating for a predetermined time or longer from the reference timepoint, or the vehicle traveling a predetermined distance or more from the reference timepoint, andthe reference timepoint includes: a timepoint at which use of the external device is started, or a timepoint at which the allocation time of the first virtual machine is extended. 15 (New) The in-vehicle control device according to claim 6, wherein the management unit, after executing the second control, further executes a third control for changing the allocation time of each of the first virtual machine and the second virtual machine, and the third control includes: a control for acquiring a processing time of the first virtual machine in a second cycle after the first cycle; and a control for shortening the allocation time of the first virtual machine and extending the allocation time of the second virtual machine in a cycle after the second cycle, when a buffer time calculated based on the acquired processing time and the allocation time of the first virtual machine changed in the first control exceeds a second predetermined value greater than the first predetermined value. 16. (New) The in-vehicle control device according to claim 7, wherein the predetermined condition includes: a predetermined time or longer elapsing from a reference timepoint, the external device operating for a predetermined time or longer from the reference timepoint, or the vehicle traveling a predetermined distance or more from the reference timepoint, and the reference timepoint includes: a timepoint at which use of the external device is started, or a timepoint at which the allocation time of the first virtual machine is extended. From the above side by side comparison, it clear that a combination of independent and dependent claims in the instant application is similar to a combination of independent and dependent claims in the copending application. Therefore, it would have been obvious modify the combination claims of the instant application by broadening the claims or including well known limitations of altering allocation or processing times to for better in vehicle control to arrive the claims in the instant application. Its noted there is no are rejection, and apart from the double patenting rejection, the claims are allowable over the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK SRIVASTAVA whose telephone number is (571)272-7304. The examiner can normally be reached M-F 9a – 5:30p. 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. 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. /VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449
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Prosecution Timeline

Jul 16, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
21%
Grant Probability
18%
With Interview (-2.7%)
4y 1m (~2y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 72 resolved cases by this examiner. Grant probability derived from career allowance rate.

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