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 . 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 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.
Status of Claims
Claims 1-15 are pending and have been examined below.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which Applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 USC 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 USC 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: “the application execution portion is configured to independently manage...” in claim 1; “the application execution portion is configured to exclusively establish...” in claims 3-6; “wherein: the application execution portion is configured to control...” in claim 7; “wherein: the storage portion stores...” and “the application execution portion is configured to control...” in claim 8; “a wired rewrite request specifying portion configured to specify...” in claim 9; ”application execution portion configured to control...” in claim 11; “wherein: the storage portion stores...” and “the application execution portion is configured to control...” in claim 12; and “wherein: a wired rewrite request specifying portion configured to specify...” and “the application execution portion stops...” in claim 13.
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 § 102
The following is a quotation of the appropriate paragraphs of 35 USC 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9, 11-13 and 15 are rejected under 35 USC 102 as being anticipated by CN104881020 (“Liu”).
Claim 1
Liu discloses an electronic control unit (0004) comprising:
an application execution portion (0054 The lower-level computer is a computer that directly controls the equipment and obtains the equipment status; it is usually a programmable logic controller (PLC) or microcontroller) that
has, as a first state, a first default session, a wired diagnosis session for diagnosing the electronic control unit from an outside of a vehicle (0038 automobile diagnosis mode, 0062 wired communication mode, 0004, 0054), and a wired rewrite session for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via wired connection (0091 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable., 0085),
is configured to
cause the first state to transition to the wired diagnosis session based on a request indicating a wired diagnosis (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis) and
cause the first state to transition to the wired rewrite session based on a request indicating a wired rewrite (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected),
has, as a second state, a default session and a wireless rewrite session for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via wireless connection (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.), and
is configured to cause the second state to transition to the wireless rewrite session based on a request indicating a wireless rewrite (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.),
wherein: the application execution portion is configured to
independently manage the first state and the second state (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.) and
non-exclusively establish the first default session or the wired diagnosis session and the wireless rewrite session (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected., 0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected, 0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis).
Claim 2
Liu discloses wherein: the application execution portion
has, as the second state, a wireless diagnosis session for diagnosing the electronic control unit from the outside of the vehicle via the wireless (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis) and
is configured to cause the second state to transition to the wireless diagnosis session based on a request indicating a wireless diagnosis (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis).
Claim 3
Liu discloses wherein:
the application execution portion is configured to exclusively establish the wired rewrite session and the wireless rewrite session (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected., 0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected, 0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis).
Claim 4
Liu discloses wherein:
the application execution portion is configured to exclusively establish the wired rewrite session with priority over the wireless rewrite session (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.).
Claim 5
Liu discloses wherein:
the application execution portion is configured to exclusively establish the wireless rewrite session with priority over the wired rewrite session (0065 it can be understood that the arrival time of wireless communication commands and wired communication commands to the lower-level machine is usually different in different scenarios. For example, during special operations such as ECU remapping or anti-theft procedures, the wired communication command arrives earlier than the wireless communication command. Conversely, when using a vehicle diagnostic system in a confined space where communication speed and stability are critical, the wireless communication command arrives earlier than the wired communication command., 0062 ECU flashing... If you need to move the device during use, you can directly unplug the connection cable. The car diagnostic system will then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wireless communication mode has been selected.).
Claim 6
Liu discloses wherein:
the application execution portion is configured to exclusively establish a shifting rewrite session with priority among the wired rewrite session and the wireless rewrite session (0062 the two communication methods can be dynamically and automatically selected during the communication process. For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The car diagnostic system will then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wireless communication mode has been selected.).
Claim 7
Liu discloses an electronic control unit (0062, 0004) comprising:
a storage portion (0004) that
has a plurality of application areas (0004),
stores a first program that includes a vehicle control program for performing a vehicle control (0004 The lower-level computer connects to the vehicle's OBD (On-Board Diagnostic) interface, primarily responsible for communicating with the vehicle's ECU (Electronic Control Unit), sending control commands, and receiving information returned by the ECU.), a second program that includes a wired diagnosis program for diagnosing the electronic control unit from an outside of a vehicle via wired connection (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis), and a third program that includes a wireless diagnosis program for diagnosing the electronic control unit from the outside of the vehicle via wireless connection (0038 After starting the vehicle diagnostic mode, a wireless connection path and a wired connection path are established between the host computer and the slave computer. The host computer simultaneously sends wireless communication commands and wired communication commands to the slave computer through the wireless connection path and the wired connection path. The slave computer feeds back the selected wireless connection path or wired connection path to the host computer according to the arrival time order of the wireless communication commands and the wired communication commands. In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis.) and a wireless rewrite program for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via the wireless (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.); and
an application execution portion configured to control execution of the first program, the second program, and the third program (0038, 0091),
wherein:
the application execution portion is configured to
control the wireless diagnosis program and the wireless rewrite program for exclusively executing the wireless diagnosis program and the wireless rewrite program (0038 After starting the vehicle diagnostic mode, a wireless connection path and a wired connection path are established between the host computer and the slave computer. The host computer simultaneously sends wireless communication commands and wired communication commands to the slave computer through the wireless connection path and the wired connection path. The slave computer feeds back the selected wireless connection path or wired connection path to the host computer according to the arrival time order of the wireless communication commands and the wired communication commands. In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis., 0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.), and
control the first program, the second program, and the third program for non-exclusively executing the first program, the second program, and the third program (0038, 0091).
Claim 8
Liu discloses wherein:
the storage portion stores a fourth program that includes a wired rewrite program for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via the wire (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected); and
the application execution portion is configured to control the third program and the fourth program for exclusively executing the third program and the fourth program (0038, 0091, 0062, 0071).
Claim 9
Liu discloses:
a wired rewrite request specifying portion configured to specify a wired rewrite request for rewriting the electronic control unit with use of the program acquired from the outside of the vehicle via the wire (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected),
wherein: when the wired rewrite request specifying portion specifies the wired rewrite request, the application execution portion stops the execution of the first program, the second program, and the third program and executes the fourth program (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected, 0056 the wired communication method of the automotive diagnostic system includes wired communication methods such as USB interface (Universal Serial Bus) and RJ45 network interface (Registered Jack 45, a type of various connectors, commonly used for data transmission of network card interfaces), which can eliminate external wireless interference. For operations requiring extremely high communication speed and stability, or when the device cannot be moved or cables plugged in or unplugged throughout its use, such as when ECU flashing or Wi-Fi is subject to environmental interference, wired communication is suitable., 0011 the upper-level machine on the selected wireless or wired connection path based on the arrival time of the wireless and wired communication commands).
Claim 11
Liu discloses an electronic control unit (0062, 0004) comprising:
a storage portion (0004) that
has a plurality of application areas (0004),
stores a first program that includes a vehicle control program for performing a vehicle control (0004 The lower-level computer connects to the vehicle's OBD (On-Board Diagnostic) interface, primarily responsible for communicating with the vehicle's ECU (Electronic Control Unit), sending control commands, and receiving information returned by the ECU.), a second program that includes a wired diagnosis program for diagnosing the electronic control unit from an outside of a vehicle via wired connection (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis), a wireless diagnosis program for diagnosing the electronic control unit from the outside of the vehicle via wireless connection (0038 After starting the vehicle diagnostic mode, a wireless connection path and a wired connection path are established between the host computer and the slave computer. The host computer simultaneously sends wireless communication commands and wired communication commands to the slave computer through the wireless connection path and the wired connection path. The slave computer feeds back the selected wireless connection path or wired connection path to the host computer according to the arrival time order of the wireless communication commands and the wired communication commands. In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis.), and a wireless rewrite program for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via the wireless (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.); and
an application execution portion configured to control execution of the first program and the second program (0038, 0091),
wherein:
the application execution portion is configured to
control the wired diagnosis program, the wireless diagnosis program, and the wireless rewrite program for exclusively executing the wired diagnosis program, the wireless diagnosis program, and the wireless rewrite program (0038 After starting the vehicle diagnostic mode, a wireless connection path and a wired connection path are established between the host computer and the slave computer. The host computer simultaneously sends wireless communication commands and wired communication commands to the slave computer through the wireless connection path and the wired connection path. The slave computer feeds back the selected wireless connection path or wired connection path to the host computer according to the arrival time order of the wireless communication commands and the wired communication commands. In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis., 0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.), and
control the first program and the second program for non-exclusively executing the first program and the second program (0038, 0091).
Claim 12
Liu discloses wherein:
the storage portion stores a third program that includes a wired rewrite program for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via the wire (0062 the two communication methods can be dynamically and automatically selected during the communication process. For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The car diagnostic system will then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wireless communication mode has been selected.); and
the application execution portion is configured to control the second program and the third program for exclusively executing the second program and the third program (0038, 0091, 0062, 0071).
Claim 13
Liu discloses wherein:
a wired rewrite request specifying portion configured to specify a wired rewrite request for rewriting the electronic control unit with use of the program acquired from the outside of the vehicle via the wire (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected),
wherein: when the wired rewrite request specifying portion specifies the wired rewrite request, the application execution portion stops execution of the first program and the second program, and executes the third program (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected, 0056 the wired communication method of the automotive diagnostic system includes wired communication methods such as USB interface (Universal Serial Bus) and RJ45 network interface (Registered Jack 45, a type of various connectors, commonly used for data transmission of network card interfaces), which can eliminate external wireless interference. For operations requiring extremely high communication speed and stability, or when the device cannot be moved or cables plugged in or unplugged throughout its use, such as when ECU flashing or Wi-Fi is subject to environmental interference, wired communication is suitable., 0011 the upper-level machine on the selected wireless or wired connection path based on the arrival time of the wireless and wired communication commands).
Claim 15
Liu discloses a non-transitory computer readable medium storing a session establishment program comprising instructions configured to, when executed by a processor of an electronic control unit (0004) that
has, as a first state, a first default session, a wired diagnosis session for diagnosing the electronic control unit from an outside of a vehicle via wired connection (0038 automobile diagnosis mode, 0062 wired communication mode, 0004, 0054), and a wired rewrite session for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via the wire (0091 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable., 0085),
is configured to
cause the first state to transition to the wired diagnosis session based on a request indicating a wired diagnosis (0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis) and
cause the first state to transition to the wired rewrite session based on a request indicating a wired rewrite (0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected),
has, as a second state, a second default session and a wireless rewrite session for rewriting the electronic control unit with use of a program acquired from the outside of the vehicle via wireless connection (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.), and
is configured to cause the second state to transition to the wireless rewrite session based on a request indicating a wireless rewrite (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected.),
cause the processor to: independently manage the first state and the second state and execute a session establishment procedure that non-exclusively establishes the first default session or the wired diagnosis session and the wireless rewrite session (0091 For example, in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, the host computer 10 and the slave computer 20 can be connected by a USB cable. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wired communication mode has been selected. If you need to move the device during use, you can directly unplug the connection cable. The vehicle diagnostic system can then dynamically and automatically select wireless communication mode. At this time, the communication mode indicator lights of the host computer 10 and the slave computer 20 will show that wireless communication mode has been selected., 0062 in special operations such as ECU flashing or anti-theft, where high communication speed and stability are required, a USB cable can be used to connect the host computer and the slave computer. The vehicle diagnostic system can then dynamically and automatically select wired communication mode. At this time, the communication mode indicator lights on the host computer and the slave computer will show that wired communication mode has been selected, 0038 In this way, during the diagnostic process, the vehicle diagnostic system can not only ensure the accuracy of communication commands, but also automatically select between wireless and wired communication channels, thus dynamically and automatically choosing the communication method and improving the efficiency of vehicle diagnosis).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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 10 and 14 are rejected under 35 USC 103 as being unpatentable over Liu in view of US20110083161 (“Ishida”).
Claim 10
Liu fails to disclose wherein the first program, the second program, the third program are stored in each of the plurality of application areas of the storage portion and are rewritable; and the fourth program is stored in the storage portion and is not rewritable. However, Liu does disclose rewriting of an ECU (0062). Furthermore, Ishida teaches a system of diagnosing a vehicle and connecting to a vehicle ECU (0047), including wherein:
one or more programs stored in each of the plurality of application areas of the storage portion and are rewritable (0056 Also, the range in which a maintenance device can access ECUs can be restricted to a particular one according to the security level of the authentication chip incorporated in the maintenance device. Therefore, a range accessible only for an automobile dealer, a range accessible for a repair shop, and the like can be discriminated, and further a range of authority to perform an overwrite on an ECU, and a range of access to a maintenance history written into a memory can be restricted. Thus, a change of an ECU program and the like, which an automobile manufacturer did not intend, can be prevented.); and
a program is stored in the storage portion and is not rewritable (0056 Also, the range in which a maintenance device can access ECUs can be restricted to a particular one according to the security level of the authentication chip incorporated in the maintenance device. Therefore, a range accessible only for an automobile dealer, a range accessible for a repair shop, and the like can be discriminated, and further a range of authority to perform an overwrite on an ECU, and a range of access to a maintenance history written into a memory can be restricted. Thus, a change of an ECU program and the like, which an automobile manufacturer did not intend, can be prevented.).
Liu describes various programs and rewriting at least a portion of an ECU. Ishida teaches the technique of being able to rewrite certain parts or programs of an ECU, while preventing rewriting of other parts or programs of an ECU, such technique applicable to the system of Liu. The combination of Liu and Ishida thus suggests the claimed subject matter, wherein the first program, the second program, the third program are stored in each of the plurality of application areas of the storage portion and are rewritable; and the fourth program is stored in the storage portion and is not rewritable. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Liu to include the teaching of Ishida with a reasonable expectation of success in order to ensure that programs critical to the safety of the vehicle and its users, including basic diagnosis of the vehicle, are preserved.
Claim 14
Liu fails to disclose wherein: the first program and the second program are stored in each of the plurality of application areas of the storage portion and are rewritable; and the third program is stored in the storage portion and is not rewritable. However, Liu does disclose rewriting of an ECU (0062). Furthermore, Ishida teaches a system of diagnosing a vehicle and connecting to a vehicle ECU (0047), including wherein:
one or more programs stored in each of the plurality of application areas of the storage portion and are rewritable (0056 Also, the range in which a maintenance device can access ECUs can be restricted to a particular one according to the security level of the authentication chip incorporated in the maintenance device. Therefore, a range accessible only for an automobile dealer, a range accessible for a repair shop, and the like can be discriminated, and further a range of authority to perform an overwrite on an ECU, and a range of access to a maintenance history written into a memory can be restricted. Thus, a change of an ECU program and the like, which an automobile manufacturer did not intend, can be prevented.); and
a program is stored in the storage portion and is not rewritable (0056 Also, the range in which a maintenance device can access ECUs can be restricted to a particular one according to the security level of the authentication chip incorporated in the maintenance device. Therefore, a range accessible only for an automobile dealer, a range accessible for a repair shop, and the like can be discriminated, and further a range of authority to perform an overwrite on an ECU, and a range of access to a maintenance history written into a memory can be restricted. Thus, a change of an ECU program and the like, which an automobile manufacturer did not intend, can be prevented.).
Liu describes various programs and rewriting at least a portion of an ECU. Ishida teaches the technique of being able to rewrite certain parts or programs of an ECU, while preventing rewriting of other parts or programs of an ECU, such technique applicable to the system of Liu. The combination of Liu and Ishida thus suggests the claimed subject matter, wherein: the first program and the second program are stored in each of the plurality of application areas of the storage portion and are rewritable; and the third program is stored in the storage portion and is not rewritable. See prior art rejection of claim 10 for obviousness and reasons to combine.
Contact Information
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892. Specifically, the following prior art is considered relevant to Applicant’s claims:
US20140180531 - DOCKED/UNDOCKED VEHICLE COMMUNICATION INTERFACE MODULE
US20170200134 - AUTOMOTIVE ECU MOBILE PHONE INTERFACE
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663