DETAILED ACTION
This is the initial office action based on the application submitted on September 27, 2024.
Claims 1-14 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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 limitations 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 limitations are:
“a first module configurable to communicate at least one request signal when the apparatus is switched from the power saving mode to the wake-up mode” in Claim 1.
“a second module coupled to the first module, the second module configurable to process the at least one data signal in a manner so that the vehicle is updatable, when availability of an update package is determined” in Claim 1.
“[…] by a first module of an apparatus […] wherein the first module is configurable to communicate the at least one request signal when the apparatus is switched from the power saving mode to the wake-up mode” in Claim 6.
“[…] by a second module of the apparatus, the received at least one data signal in a manner that the vehicle is updatable, if at least one update package is determined to be available” in Claim 6.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Specification
The disclosure is objected to because of the following informalities:
In Page 15, Paragraph 1, Line 1, the specification identifies “the second module 202”, despite the specification consistently identifying the second module as 204.
Appropriate correction is required.
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
In Page 15, Paragraph 3, Line 15, the specification recites “there are one are more update packages”. It should read “there are one or more update packages”.
In Page 4, Paragraph 5, Line 33, the specification recites “the apparatus can, for example, initially in a power saving mode” It should read “the apparatus can, for example, be initially in a power saving mode”.
In Page 3, Paragraph 4, Line 20, the specification recites “communication network can, for example, correspond one or both of a cellular-based network and a Wi-Fi-based network”. It should read “communication network can, for example, correspond to one or both of a cellular-based network and a Wi-Fi-based network”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the at least one data signal" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 12 depends on Claim 11 which recites “at least one request signal” but does not expressly recite “at least one data signal”. In the interest of compact prosecution, the Examiner subsequently interprets this limitation as reading “the at least one data signal” corresponding to the “at least one update package” for the purpose of further examination.
Claim 13 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation “The computer readable storage medium of claim 7, wherein”, however Claim 7 is directed to a processing method and does not recite a “computer readable storage medium”. In the interest of compact prosecution, the Examiner subsequently interprets Claim 13 to be dependent on Claim 12.
Claim 14 recites the limitation “The computer readable storage medium of claim 8, wherein”, however Claim 8 is directed to a processing method and does not recite a “computer readable storage medium”. In the interest of compact prosecution, the Examiner subsequently interprets Claim 14 to be dependent on Claim 13.
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 11-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 11-14 are directed to a computer readable storage medium. The broadest reasonable interpretation of a claim drawn to a computer readable storage medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of a computer readable storage medium, particularly when the specification is silent. See MPEP § 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 US.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2. Therefore, the claimed storage medium is ineligible subject matter under §101.
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.
Claims 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over CN ’102 (CN 112199102 A) in view of Farrow (US Patent Application Publication No. US 20080046135 A1) and further in view of Martin (US Patent Application Publication No. US 20160098266 A1).
Regarding Claim 1, CN ’102 teaches:
An apparatus suitable for use for updating a vehicle during a vehicle ignition off state [...] (Page 4, Paragraph 21, "For example, the quiet upgrade [updating a vehicle] condition may be a case where the electronic control unit is in a sleep state, and the vehicle is turned off for more than 1 hour [during a vehicle ignition off state] (emphasis added), and both the windows and the doors of the vehicle are opened and closed, and the vehicle is in a parking brake state.")
[...] the apparatus comprising: a first module configurable to communicate at least one request signal [...] (Page 4, Paragraph 14, "In another possible embodiment, the T-BOX [a first module] may also actively request to obtain the software update message (emphasis added) from the car remote service providing platform, for example, in response to a user operation, send an update request [request signal] to the car remote service providing platform, or periodically actively send an update request to the car remote service providing platform [configurable to communicate at least one request signal] (emphasis added) to obtain the software update message sent by the car remote service providing platform for responding to the update request.")
[...] at least one data signal corresponding to the update package is communicable [...] (Page 4, Paragraph 10-11,"The disclosed embodiment provides a software updating method of a vehicle-mounted electronic control unit, which can be applied to a vehicle-mounted telematics BOX T-BOX of a vehicle, for example, as shown in FIG. 1, and comprises the following steps: and S11, acquiring a software updating message from the automobile remote service providing platform [is communicable], wherein the software updating message [at least one data signal corresponding to the update package] comprises a software updating package (emphasis added).")
[...] a second module coupled to the first module, the second module configurable to process the at least one data signal in a manner so that the vehicle is updatable [...] (Page 1, Claim 1, "A software updating method of a vehicle-mounted electronic control unit [second module] is characterized in that the method is applied to a vehicle-mounted telematics BOX T-BOX [first module], and the T-BOX is connected with the electronic control unit through a wake-up signal line [coupled to] (emphasis added)". Page 5, Paragraph 1, "The electronic control unit initiates a software upgrade in response to receiving the software update package [the second module configurable to process the at least one data signal in a manner so that the vehicle is updatable].")
[...] the apparatus being configurable to switch from the wake-up mode to the power saving mode after the vehicle has been updated [...] (Page 5, Paragraph 2, "And S15, sending a sleep instruction to the electronic control unit for instructing the electronic control unit to restore the sleep state [configurable to switch from the wake-up mode to the power saving mode] under the condition that the electronic control unit software is determined to be updated completely [after the vehicle has been updated]." Page 5, Paragraph 4, "setting the electronic control unit to the sleep mode [power saving mode] may reduce the battery power consumption, and avoid the vehicle from being unable to start after the update.")
CN ‘102 fails to teach:
[...] the apparatus being initially in a power saving mode when the vehicle is in the ignition off state and configurable to switch between a wake-up mode and the power saving mode [...]
[...] when the apparatus is switched from the power saving mode to the wake-up mode [...]
[...] the apparatus is switched from the wake-up mode to the power saving mode [...]
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner.
However, Farrow teaches:
[...] the apparatus being initially in a power saving mode when the vehicle is in the ignition off state and configurable to switch between a wake-up mode and the power saving mode [...] (Paragraph [0003], "A commonly employed power-saving technique places the module in a "sleep" (minimum power consumption) [power saving mode] mode at vehicle turn-off [ignition off state] (emphasis added), which is occasionally exited when a "wake-up" event occurs. Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode [configurable to switch between a wake-up mode and the power saving mode] (emphasis added) continues until the vehicle is re-started or the current budget is reduced to zero.")
[...] when the apparatus is switched from the power saving mode to the wake-up mode [...] (Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up [wake-up mode] from a sleep mode [power saving mode] during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.")
[...] the apparatus is switched from the wake-up mode to the power saving mode [...] (Paragraph [0003], "A commonly employed power-saving technique places the module in a "sleep" (minimum power consumption) mode at vehicle turn-off (emphasis added), which is occasionally exited when a "wake-up" event occurs. Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up [wake-up mode] and then returning to the sleep mode [power saving mode] (emphasis added) continues until the vehicle is re-started or the current budget is reduced to zero.")
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner (Paragraph [0003], "Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode [initially switched between the power saving mode and the wake-up mode in a periodic manner] continues until the vehicle is re-started or the current budget is reduced to zero." Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up from a sleep mode during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.").
CN ‘102 and Farrow are considered to be analogous to the claimed invention because they are in the same field of vehicle communication systems and power management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of CN ‘102 to incorporate the teachings of Farrow to have:
[...] the apparatus being initially in a power saving mode when the vehicle is in the ignition off state and configurable to switch between a wake-up mode and the power saving mode [...]
[...] when the apparatus is switched from the power saving mode to the wake-up mode [...]
[...] the apparatus is switched from the wake-up mode to the power saving mode [...]
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner.
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the power-saving sleep/wake technique of Farrow into the vehicle software-update system of CN ‘102 so that the vehicle communication module is placed in a minimum-power sleep mode during vehicle inactivity, periodically waking to perform remote communications, and thereafter returning to the sleep mode, thereby preventing excessive power consumption during prolonged periods of vehicle inactivity (Farrow, Paragraph [0003]).
The combination of CN ‘102 and Farrow fails to teach:
[...] wherein based on the at least one request signal, availability of at least one update package is determined [...]
[...] wherein when unavailability of an update package is determined [...]
[...] when availability of an update package is determined [...]
However, Martin teaches:
[...] wherein based on the at least one request signal, availability of at least one update package is determined [...] (Paragraph [0039], "Upon request by the user or by the software update management module 214 [based on the at least one request signal], the software update application may be configured to send a request to the update server 218 to inquire whether software updates 224 for the vehicle 31 are available (emphasis added). For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available [availability of at least one update package is determined] (emphasis added) (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
[...] wherein when unavailability of an update package is determined [...] (Paragraph [0039], "For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available [when unavailability of an update package is determined] (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
[...] when availability of an update package is determined [...] (Paragraph [0039], "For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available [when availability of an update package is determined] (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
[...] wherein based on the at least one request signal, availability of at least one update package is determined [...]
[...] wherein when unavailability of an update package is determined [...]
[...] when availability of an update package is determined [...]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Regarding Claim 2, CN ‘102 further teaches:
wherein the apparatus is coupled to a device capable of carrying at least one update package (Page 4, Paragraph 12, "In one embodiment, the T-BOX obtaining the software update message from the automotive remote service providing platform may include: and receiving upgrade task data sent by the automobile remote service providing platform, wherein the upgrade task data can comprise a download address of a software update package, and acquiring the software update message from the automobile remote service providing platform according to the download address under the condition that the network parameters of the vehicle meet the download condition of the upgrade package.").
Regarding Claim 3, CN ‘102 further teaches:
wherein the at least one request signal is communicable from the first module to the device, and wherein based on the at least one request signal, the device is configurable to communicate […] the at least one update package (Page 4, Paragraph 14, "In another possible embodiment, the T-BOX may also actively request to obtain the software update message from the car remote service providing platform, for example, in response to a user operation, send an update request to the car remote service providing platform, or periodically actively send an update request to the car remote service providing platform to obtain the software update message sent by the car remote service providing platform for responding to the update request." Page 4, Paragraph 11, "wherein the software updating message comprises a software updating package.").
The combination CN ‘102 and Farrow fails to teach:
[…] if available […]
However, Martin teaches:
[…] if available […] (Paragraph [0039], "For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
[…] if available […]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Regarding Claim 5, the combination of CN ‘102 and Farrow fails to teach:
wherein the communication network corresponds to at least one of a cellular-based network and a Wi-Fi-based network.
However, Martin teaches:
wherein the communication network corresponds to at least one of a cellular-based network and a Wi-Fi-based network (Paragraph [0031], "The second CPU may be in communication with one or more modules 208 to receive a software update. The one or more modules 208 may include, but are not limited to, an embedded modem, an embedded cellular telephone, a short range wireless module used to enable the remote nomadic device 53 to communicate with the VCS 1, a USB 23 module, and/or a combination thereof.").
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
wherein the communication network corresponds to at least one of a cellular-based network and a Wi-Fi-based network.
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Claim 9 is the method claim corresponding to the system claim hereinabove (Claim 5). Therefore, Claim 9 is rejected for the same reasons set forth in the rejections of Claim 9.
Claim 14 is the computer readable storage medium claim corresponding to the system claim hereinabove (Claim 5). Therefore, Claim 14 is rejected for the same reasons set forth in the rejections of Claim 5.
Regarding Claim 6, CN ’102 teaches:
A processing method usable for updating a vehicle during a vehicle ignition off state [...] (Page 4, Paragraph 21, "For example, the quiet upgrade condition may be a case where the electronic control unit is in a sleep state, and the vehicle is turned off for more than 1 hour (emphasis added), and both the windows and the doors of the vehicle are opened and closed, and the vehicle is in a parking brake state.")
[...] the processing method comprising: a determination step comprising communicating, by a first module of an apparatus, at least one request signal [...] (Page 4, Paragraph 14, "In another possible embodiment, the T-BOX may also actively request to obtain the software update message (emphasis added) from the car remote service providing platform, for example, in response to a user operation, send an update request to the car remote service providing platform, or periodically actively send an update request to the car remote service providing platform (emphasis added) to obtain the software update message sent by the car remote service providing platform for responding to the update request.")
[...] wherein when availability of an update package is determined, at least one data signal corresponding to the update package is communicable [...] (Page 4, Paragraph 10-11,"The disclosed embodiment provides a software updating method of a vehicle-mounted electronic control unit, which can be applied to a vehicle-mounted telematics BOX T-BOX of a vehicle, for example, as shown in FIG. 1, and comprises the following steps: and S11, acquiring a software updating message from the automobile remote service providing platform, wherein the software updating message comprises a software updating package (emphasis added).")
[...] a processing step comprising processing, by a second module of the apparatus, the received at least one data signal in a manner that the vehicle is updatable [...] (Page 1, Claim 1, "A software updating method of a vehicle-mounted electronic control unit is characterized in that the method is applied to a vehicle-mounted telematics BOX T-BOX, and the T-BOX is connected with the electronic control unit through a wake-up signal line (emphasis added)". Page 5, Paragraph 1, "The electronic control unit initiates a software upgrade in response to receiving the software update package.")
[…] in connection with vehicle update during the vehicle ignition off state (Page 4, Paragraph 21, "For example, the quiet upgrade condition may be a case where the electronic control unit is in a sleep state, and the vehicle is turned off for more than 1 hour (emphasis added) Page 5, Paragraph 1, "The electronic control unit initiates a software upgrade in response to receiving the software update package.").
CN ‘102 fails to teach:
[...] wherein the apparatus is initially in a power saving mode when the vehicle is in the ignition off state and the apparatus is configurable to switch between a wake-up mode and the power saving mode [...]
[...] wherein the first module is configurable to communicate the at least one request signal when the apparatus is switched from the power saving mode to the wake-up mode [...]
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner.
a power conservation step comprising switching between the wake-up mode and the power saving mode so as to reduce current consumption […]
However, Farrow teaches:
[...] wherein the apparatus is initially in a power saving mode when the vehicle is in the ignition off state and the apparatus is configurable to switch between a wake-up mode and the power saving mode [...] (Paragraph [0003], "A commonly employed power-saving technique places the module in a "sleep" (minimum power consumption) mode at vehicle turn-off (emphasis added), which is occasionally exited when a "wake-up" event occurs. Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode (emphasis added) continues until the vehicle is re-started or the current budget is reduced to zero.")
[...] wherein the first module is configurable to communicate the at least one request signal when the apparatus is switched from the power saving mode to the wake-up mode [...] (Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up from a sleep mode during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.")
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner […] (Paragraph [0003], "Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode continues until the vehicle is re-started or the current budget is reduced to zero." Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up from a sleep mode during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.").
a power conservation step comprising switching between the wake-up mode and the power saving mode so as to reduce current consumption […] (Paragraph [0003], “A commonly employed power-saving technique places the module in a "sleep" (minimum power consumption) mode at vehicle turn-off, which is occasionally exited when a "wake-up" event occurs. Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode continues until the vehicle is re-started or the current budget is reduced to zero.”)
CN ‘102 and Farrow are considered to be analogous to the claimed invention because they are in the same field of vehicle communication systems and power management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of CN ‘102 to incorporate the teachings of Farrow to have:
[...] wherein the apparatus is initially in a power saving mode when the vehicle is in the ignition off state and the apparatus is configurable to switch between a wake-up mode and the power saving mode [...]
[...] wherein the first module is configurable to communicate the at least one request signal when the apparatus is switched from the power saving mode to the wake-up mode [...]
[...] wherein the apparatus is initially switched between the power saving mode and the wake-up mode in a periodic manner.
a power conservation step comprising switching between the wake-up mode and the power saving mode so as to reduce current consumption […]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the power-saving sleep/wake technique of Farrow into the vehicle software-update system of CN ‘102 so that the vehicle communication module is placed in a minimum-power sleep mode during vehicle inactivity, periodically waking to perform remote communications, and thereafter returning to the sleep mode, thereby preventing excessive power consumption during prolonged periods of vehicle inactivity (Farrow, Paragraph [0003]).
The combination of CN ‘102 and Farrow fails to teach:
[...] and based on the at least one request signal, availability of at least one update package is determined [...]
[...] if at least one update package is determined to be available [...]
However, Martin teaches:
[...] and based on the at least one request signal, availability of at least one update package is determined [...] (Paragraph [0039], "Upon request by the user or by the software update management module 214, the software update application may be configured to send a request to the update server 218 to inquire whether software updates 224 for the vehicle 31 are available (emphasis added). For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available (emphasis added) (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
[...] if at least one update package is determined to be available [...] (Paragraph [0039], "For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
[...] and based on the at least one request signal, availability of at least one update package is determined [...]
[...] if at least one update package is determined to be available [...]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Regarding Claim 7, CN ‘102 further teaches:
further comprising an update step, the update step comprising updating the vehicle based on the at least one data signal (Page 4, Paragraph 24, “And S14, sending a silent upgrade message to the electronic control unit, wherein the silent upgrade message includes the software update package, and the software update package is used for the electronic control unit to perform software upgrade.” Page 5, Paragraph 1, "The electronic control unit initiates a software upgrade in response to receiving the software update package.")
The combination of CN ‘102 and Farrow fails to teach:
[…] if at least one update package is determined to be available.
However, Martin teaches:
[…] if at least one update package is determined to be available (Paragraph [0039], "For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).").
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
[…] if at least one update package is determined to be available.
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Claim 12 is the computer readable storage medium claim corresponding to the method claim hereinabove (Claim 7). Therefore, Claim 12 is rejected for the same reasons set forth in the rejections of Claim 7.
Regarding Claim 11, CN ’102 teaches:
A computer readable storage medium having stored thereon computer executable instructions that, when executed by a computer, perform operations for updating a vehicle during a vehicle ignition off state [...] (Page 4, Paragraph 21, "For example, the quiet upgrade condition may be a case where the electronic control unit is in a sleep state, and the vehicle is turned off for more than 1 hour (emphasis added), and both the windows and the doors of the vehicle are opened and closed, and the vehicle is in a parking brake state.")
[...] the operations comprising: determining. by communicating at least one request signal [...] (Page 4, Paragraph 14, "In another possible embodiment, the T-BOX may also actively request to obtain the software update message (emphasis added) from the car remote service providing platform, for example, in response to a user operation, send an update request to the car remote service providing platform, or periodically actively send an update request to the car remote service providing platform (emphasis added) to obtain the software update message sent by the car remote service providing platform for responding to the update request.")
[…] in connection with vehicle update during the vehicle ignition off state (Page 4, Paragraph 21, "For example, the quiet upgrade condition may be a case where the electronic control unit is in a sleep state, and the vehicle is turned off for more than 1 hour (emphasis added) Page 5, Paragraph 1, "The electronic control unit initiates a software upgrade in response to receiving the software update package.").
CN ‘102 fails to teach:
[…] initially switching between a power saving mode and a wake-up mode in a periodic manner […]
[…] communicating the at least one request signal when switching from the power saving mode to the wake-up mode […]
[…] switching between the wake-up mode and the power saving mode so as to reduce current consumption […]
However, Farrow teaches:
[…] initially switching between a power saving mode and a wake-up mode in a periodic manner […] (Paragraph [0003], "Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode continues until the vehicle is re-started or the current budget is reduced to zero." Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up from a sleep mode during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.").
[…] communicating the at least one request signal when switching from the power saving mode to the wake-up mode […] (Paragraph [0012], "In any event, the module 12 or 14 having possession of the communication token periodically wakes-up from a sleep mode during periods of vehicle inactivity to check for data messages from the call center 18 and to direct any received vehicle control commands to body computer 16 for processing.")
[…] switching between the wake-up mode and the power saving mode so as to reduce current consumption […] (Paragraph [0003], “A commonly employed power-saving technique places the module in a "sleep" (minimum power consumption) mode at vehicle turn-off, which is occasionally exited when a "wake-up" event occurs. Ordinarily, the wake-up events occur periodically, such as once every five minutes, at which time the module checks for an incoming message from the remote call center. The module services any received messages, deducts the current budget for the power consumed, and then returns to the sleep mode. This process of periodically waking-up and then returning to the sleep mode continues until the vehicle is re-started or the current budget is reduced to zero.”)
CN ‘102 and Farrow are considered to be analogous to the claimed invention because they are in the same field of vehicle communication systems and power management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of CN ‘102 to incorporate the teachings of Farrow to have:
[…] initially switching between a power saving mode and a wake-up mode in a periodic manner […]
[…] communicating the at least one request signal when switching from the power saving mode to the wake-up mode […]
[…] switching between the wake-up mode and the power saving mode so as to reduce current consumption […]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the power-saving sleep/wake technique of Farrow into the vehicle software-update system of CN ‘102 so that the vehicle communication module is placed in a minimum-power sleep mode during vehicle inactivity, periodically waking to perform remote communications, and thereafter returning to the sleep mode, thereby preventing excessive power consumption during prolonged periods of vehicle inactivity (Farrow, Paragraph [0003]).
The combination of CN ‘102 and Farrow fails to teach:
[...] and based on the at least one request signal, availability of at least one update package: [...]
However, Martin teaches:
[...] and based on the at least one request signal, availability of at least one update package [...] (Paragraph [0039], "Upon request by the user or by the software update management module 214, the software update application may be configured to send a request to the update server 218 to inquire whether software updates 224 for the vehicle 31 are available (emphasis added). For example, the software update application may query the update server 218 using an identifier of the vehicle 31 (e.g., vehicle 31 VIN, vehicle 31 SIM information, etc.) and may receive a response from the update server 218 indicative of whether new software updates 224 for the vehicle 31 are available (emphasis added) (e.g., as links or other identifiers of software updates 224 for the vehicle 31 to download).")
CN ‘102, Farrow, and Martin are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102 and Farrow to incorporate the teachings of Martin to have:
[...] and based on the at least one request signal, availability of at least one update package: [...]
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the update-server inquiry and availability-determination technique of Martin into the combined vehicle-update system of CN ‘102 and Farrow so that vehicles can query an update server to determine whether vehicle-specific software updates are available, thereby allowing the vehicle to determine which software updates are necessary or optional and whether the updates are compatible with the particular vehicle configuration (Martin, Paragraph [0037]).
Claims 4, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN ’102 (CN112199102A) in view of Farrow (US Patent Application Publication No. US 20080046135 A1), further in view of Martin (US Patent Application Publication No. US 20160098266 A1), and further in view of Kim (US Patent Application Publication No. US 20120143402 A1).
Regarding Claim 4, the rejection of Claim 1 is incorporated. The combination of CN ‘102, Farrow, and Martin fails to teach:
wherein the at least one update package is communicable via a communication network through an authenticated access point.
However, Kim teaches:
wherein the at least one update package is communicable via a communication network through an authenticated access point (Paragraph [0018], “The wireless communication unit 101 searches for an optimal wireless access point accessible in the surrounding area by the vehicle information updating system 100, connects to the optimal wireless access point 200 located by search, and transmits and receives data to/from the telematics server 300. For example, the wireless communication unit 101 may be connected to the located wireless access point 200 through a Wi-Fi network. By doing so the wireless communication unit 1010 can receive one or more vehicle information update files from the telematics server 300 or transmit a certain request signal to the telematics server 300 for those files. When the vehicle information update file is present in the telematics server 300, the wireless communication unit 101 may be configured to automatically receive the vehicle information update file or do so upon confirmation by a user.” Paragraph [0021], “Also, the control unit 103 can authenticate whether a connection between the wireless communication unit 101 and the wireless access point 200 is a valid connection or not.”).
CN ‘102, Farrow, Martin, and Kim are considered to be analogous to the claimed invention because they are in the same field of vehicle telematics and electronic systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of CN ‘102, Farrow, and Martin to incorporate the teachings of Kim to have:
wherein the at least one update package is communicable via a communication network through an authenticated access point.
The modification would have been obvious because one of ordinary skill in the art would have been motivated to incorporate the authenticated wireless-access-point update technique of Kim into the combined vehicle-update system of CN ‘102, Farrow, and Martin so that vehicle software update files are received through a Wi-Fi access point after determining that the connection to the access point is valid, thereby allowing an update file to be downloaded at higher speeds via wireless Internet and allowing the vehicle information to be automatically updated without requiring a separate device such as a USB (Kim, Paragraph [0027]).
Claim 8 is the method claim corresponding to the system claim hereinabove (Claim 4). Therefore, Claim 8 is rejected for the same reasons set forth in the rejections of Claim 4.
Claim 13 is the computer readable storage medium claim corresponding to the system claim hereinabove (Claim 4). Therefore, Claim 13 is rejected for the same reasons set forth in the rejections of Claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. They are as follows:
Aust (US 20200125355 A1) discloses a software update device that includes a communication unit connected with an electronic device that executes software, and a wake-up receiving unit. When the wake-up receiving unit receives a wake-up request from a wireless access point registered in advance, the wake-up receiving unit allows the communication unit to transition from a sleep state to a wake-up state. When the communication unit transitioned to the wake-up state, the communication unit initiates wireless communication with an external device, and updates the software of the electronic device by update software received from the external device.
Moran (US 20090300595 A1) discloses A method of remotely updating control software in a heavy-duty vehicle having at least one programmed controller including securing the heavy-duty vehicle; determining that the vehicle is secured; establishing a wireless connection with the heavy-duty vehicle; downloading an updated control software; and updating the heavy-duty vehicle's control software with the updated control software in response to the determining that the vehicle is secured.
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/M.K./Examiner, Art Unit 2191
/WEI Y MUI/Supervisory Patent Examiner, Art Unit 2191
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