Detailed Action
Status of Claims
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 .
Claims 1-12 are presented for examination.
Claims 1-12 are rejected.
This Action is Non-Final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/02/2024,the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
6. Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 12 defines a “computer program” embodying functional descriptive material (i.e., a computer program or computer executable code). However, the claim does not define a “computer-readable medium or computer-readable memory” and is thus non-statutory for that reason (When functional descriptive material is recorded on some computer-readable medium it becomes structurally and functionally interrelated to the medium and will be statutory in most cases since use of technology permits the function of the descriptive material to be realized). The scope of the presently claimed invention encompasses products that are not necessarily computer readable, and thus NOT able to impart any functionality of the recited program. The examiner suggests amending the claim(s) to embody the program on “computer-readable medium” or equivalent; assuming the specification does NOT define the computer readable medium as a “signal”, “carrier wave”, or “transmission medium” which are deemed non-statutory (refer to “note” below). Any amendment to the claim should be commensurate with its corresponding disclosure.
Note:
“A transitory, propagating signal … is not a “process, machine, manufacture, or composition of matter.” Those four categories define the explicit scope and reach of subject matter patentable under 35 U.S.C. § 101; thus, such a signal cannot be patentable subject matter.” (In re Nuijten, 84 USPQ2d 1495 (Fed. Cir. 2007). Should the full scope of the claim as properly read in light of the disclosure encompass non-statutory subject matter such as a “signal”, the claim as a whole would be non-statutory. Should the applicant’s specification define or exemplify the computer readable medium or memory (or whatever language applicant chooses to recite a computer readable medium equivalent) as statutory tangible products such as a hard drive, ROM, RAM, etc, as well as a non-statutory entity such as a “signal”, “carrier wave”, or “transmission medium”, the examiner suggests amending the claim to include the disclosed tangible computer readable storage media, while at the same time excluding the intangible transitory media such as signals, carrier waves, etc.
Merely reciting functional descriptive material as residing on a “tangible” or other medium is not sufficient. If the scope of the claimed medium covers media other than “computer readable” media (e.g., “a tangible media”, a “machine-readable media”, etc.), the claim remains non-statutory. The full scope of the claimed media (regardless of what words applicant chooses) should not fall outside that of a computer readable medium.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
7. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kodama et al.(US Patent Application Pub. No: 20130326255 A1) in view of SAKURI et al. (US Patent Application Pub. No: 20220012043 A1).
As per claim 1,Kodama teaches a vehicle-mounted apparatus that distributes update data, which is provided from outside a vehicle, to a plurality of ECUs which are connected via a communication bus [Fig.1; Paragraph 0021, This communication system 100 includes a plurality of electronic control units (hereinafter referred to as "ECUs") 1 mounted in a vehicle. The plurality of ECUs 1 are connected to a common bus (communication channel) 9 to configure a network (in-vehicle LAN (local area network)).],
wherein each of the plurality of ECUs belongs to at least one cluster out of a plurality of clusters, and when a cluster to which an ECU belongs is disabled in a control message the ECU received from the communication bus [Paragraphs 0021-0022,…, in this communication system 100, each of the plurality of ECUs 1 functions as a node (communication device). The ECUs 1 include well-known ECUs with a variety of functions, such as an engine ECU that performs control for an engine of the vehicle, a brake ECU that performs control for a brake of the vehicle, a steering ECU that performs control for a steering of the vehicle, and a suspension ECU that performs control for a suspension of the vehicle.], the ECU enters a sleep mode in which functions are more limited than in a normal mode to suppress power consumption, but when the cluster to which the ECU belongs is enabled, the ECU enters the normal mode [Paragraphs 0022-0023, Each ECU 1 has a plurality of states including a normal state where communication processes are performed and a sleep state where communication processes are stopped to reduce power consumption. The communication system 100 of the present embodiment realizes a partial network. In the partial network, communication is performed in a state where a part of the ECUs 1 connected to the bus 9 are woken up to thereby reduce power consumption of the entire communication system 100.],
the vehicle-mounted apparatus comprising a control unit [Fig.1, the communication controller 21.],
wherein the control unit is operable to distribute, before distribution of first update data, which is the update data for a first cluster out of the plurality of clusters [Paragraphs 0064-0065, In such a case, the start ID stored in the start ID hold memory 33 may be updated when the microcomputer 2 determines that the ECU 1 has made a transition to the sleep state without transitioning to the normal state.], setting information for setting a provisional cluster, which includes updated ECUs that are ECUs out of the plurality of ECUs belonging to the first cluster that are to be updated by the first update data but does not include non- updated ECUs that are not to be updated by the first update data, to the plurality of ECUs belonging to the first cluster [Paragraphs 0038; 0059, The communication system 100 of the present embodiment updates the start ID stored in the start ID hold memory 33 when the ECU 1 that functions as a slave node 1b has transitioned to the normal state by a waveform pattern other than the wake-up frame which is transmitted to the ECU 1 as a start target (i.e. the wake-up frame that includes the start ID allocated to the ECU 1) (step S25).].
Kodama does not explicitly disclose when distributing the first update data, the control unit distributes the control message, which disables the first cluster and enables the provisional cluster, to the plurality of ECUs.
SAKURAI discloses when distributing the first update data, the control unit distributes the control message, which disables the first cluster and enables the provisional cluster, to the plurality of ECUs [Paragraphs 0005;0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.].
It would have been obvious one ordinary skill in the art before the effective filling date of the claimed invention, to include SAKURAI’s vehicle information communication system into Kodama’s communication system for the benefit of the vehicle-mounted apparatus can take measures such as prohibiting the running of the vehicle; and since the size of the data transmitted by the vehicle-mounted apparatus can be reduced, communication amount can be reduced generally even if the vehicle side system is mounted in many vehicles; and also the update rate of the application program in the vehicle side system can be improved (SAKURAI,[0131]) to obtain the invention as specified in claim 1.
As per claim 2, Kodama and SAKURAI teach all the limitations of claim 1 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, further comprising a storage unit configured to store cluster information linking each of the plurality of ECUs to the clusters to which the ECU belongs [Kodama, Paragraphs 0038; 0059, The communication system 100 of the present embodiment updates the start ID stored in the start ID hold memory 33 when the ECU 1 that functions as a slave node 1b has transitioned to the normal state by a waveform pattern other than the wake-up frame which is transmitted to the ECU 1 as a start target (i.e. the wake-up frame that includes the start ID allocated to the ECU 1) (step S25).],
wherein the control unit determines, based on the cluster information and the first update data or update information provided from outside the vehicle before provision of the first update data, whether each of the plurality of ECUs belonging to the first cluster is an updated ECU or is a non-updated ECU [SAKURAI, Paragraphs 0005; 0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.].
As per claim 3, Kodama and SAKURAI teach all the limitations of claim 2 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein before distribution of the first update data [SAKURAI, Paragraphs 0005; 0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.],the control unit distributes discard information for discarding a setting of the provisional cluster to the plurality of ECUs belonging to the first cluster [Kodama, Paragraphs 0038; 0059, The communication system 100 of the present embodiment updates the start ID stored in the start ID hold memory 33 when the ECU 1 that functions as a slave node 1b has transitioned to the normal state by a waveform pattern other than the wake-up frame which is transmitted to the ECU 1 as a start target (i.e. the wake-up frame that includes the start ID allocated to the ECU 1) (step S25).].
As per claim 4, Kodama and SAKURAI teach all the limitations of claim 1 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein when a new ECU belonging to the first cluster is to be added to the communication bus before distribution of the first update data, the control unit acquires addition information, which is information relating to the new ECU, before the new ECU is added [SAKURAI, Paragraphs 0005; 0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.], and
the control unit distributes, before distribution of the first update data, the addition information to the plurality of ECUs belonging to the first cluster [Kodama, Paragraphs 0038; 0059, The communication system 100 of the present embodiment updates the start ID stored in the start ID hold memory 33 when the ECU 1 that functions as a slave node 1b has transitioned to the normal state by a waveform pattern other than the wake-up frame which is transmitted to the ECU 1 as a start target (i.e. the wake-up frame that includes the start ID allocated to the ECU 1) (step S25).].
As per claim 5, Kodama and SAKURAI teach all the limitations of claim 1 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein the control unit distributes the setting information to the plurality of ECUs belonging to the first cluster [Kodama, Paragraphs 0021-0022,…, in this communication system 100, each of the plurality of ECUs 1 functions as a node (communication device). The ECUs 1 include well-known ECUs with a variety of functions, such as an engine ECU that performs control for an engine of the vehicle, a brake ECU that performs control for a brake of the vehicle, a steering ECU that performs control for a steering of the vehicle, and a suspension ECU that performs control for a suspension of the vehicle.], in a state where the plurality of ECUs belonging to the first cluster have been set in the normal mode by the control message that enables the first cluster [SAKURAI, Paragraphs 0005; 0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.].
As per claim 6, Kodama and SAKURAI teach all the limitations of claim 5 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein when, after the updated ECUs have been updated by the first update data, a first non-updated ECU [Kodama, Paragraphs 0064-0065, In such a case, the start ID stored in the start ID hold memory 33 may be updated when the microcomputer 2 determines that the ECU 1 has made a transition to the sleep state without transitioning to the normal state.], which is the non-updated ECU that is connected to the same communication bus as the updated ECUs, has entered the normal mode, the control unit notifies the first non-updated ECU of an update content of the updated ECUs by the first update data [SAKURAI, Paragraphs 0005;0133, The center computer is configured to: perform a first determination of whether the vehicle configuration information received from the vehicle apparatus matches the approved-configuration information registered in the approved-configuration DB; perform a second determination of whether software update data for at least one ECU of the group of ECUs mounted in the vehicle exists in the update DB; and when both the first and second determinations are true, send the software update data for at least one ECU of the group of ECUs mounted in the vehicle to the vehicle apparatus via the wireless communications.].
As per claim 7, Kodama and SAKURAI teach all the limitations of claim 1 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein the plurality of ECUs include a conflicted ECU which is switched to the normal mode by a first control message before the provisional cluster is set, and is switched to the normal mode by a second control message that differs to the first control message without being switched to the normal mode by the first control message after the provisional cluster is set, and the control unit transmits, when the control unit has received the first control message that is addressed to the conflicted ECU after the provisional cluster is set, the second control message to the conflicted ECU [Kodama, Paragraphs 0049-0050, The microcomputer 2 starts the slave process, taking the opportunity when own ECU 1 (own node) has transitioned from the sleep state to the normal state. The microcomputer 2 determines whether or not the start factor, by which the own ECU 1 has transitioned to the normal state, is the reception of the wake-up frame (own-node wake-up frame) transmitted to the own ECU 1 as a start target (step S21). The determination is made on the basis of the results of the comparison made by the received data comparison circuit 34.],
transmits, in a state where the conflicted ECU has been set in the normal mode by the second control message, enable information, which makes a setting to enable the first control message to switch the conflicted ECU to the normal mode, to the conflicted ECU, and transmits the first control message to the conflicted ECU after transmitting the enable information [SAKURAI, Paragraphs 0005;0133,… the new program of the ECU having ID1 has a process of transmitting a predetermined message to the ECU having ID2; and the new program of the ECU having ID2 has a process that times out when failing to receive the predetermined message transmitted from the ECU having ID1. In his case, it is preferable to define the ECU order so that the ECU having the ID1 should be updated first and the ECU (ID2) should be updated later.].
As per claim 8, Kodama and SAKURAI teach all the limitations of claim 7 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein after transmitting the enable information and the first control message to the conflicted ECU, the control unit transmits, to the conflicted ECU [Kodama, Paragraphs 0049-0050, The microcomputer 2 starts the slave process, taking the opportunity when own ECU 1 (own node) has transitioned from the sleep state to the normal state. The microcomputer 2 determines whether or not the start factor, by which the own ECU 1 has transitioned to the normal state, is the reception of the wake-up frame (own-node wake-up frame) transmitted to the own ECU 1 as a start target (step S21). The determination is made on the basis of the results of the comparison made by the received data comparison circuit 34.], disable information, which makes a setting to prevent the conflicted ECU from being switched to the normal mode by the first control message [SAKURAI, Paragraphs 0005;0133,… the new program of the ECU having ID1 has a process of transmitting a predetermined message to the ECU having ID2; and the new program of the ECU having ID2 has a process that times out when failing to receive the predetermined message transmitted from the ECU having ID1. In his case, it is preferable to define the ECU order so that the ECU having the ID1 should be updated first and the ECU (ID2) should be updated later.].
As per claim 9, Kodama and SAKURAI teach all the limitations of claim 7 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein the control message includes: a real-time message where a permitted period from reception of the control message by the control unit to execution of control based on the control message at the conflicted ECU is less than a first threshold [SAKURAI, Paragraph 0197, The vehicle system 4 refers to the rewriting specification data shown in FIG. 17 and does not start the installation if the battery level is lower than the battery level threshold specified in the rewriting specification data. Alternatively, the vehicle system 4 may refer to the battery level threshold described as the restriction in the campaign file sent at D9 and may not start the download of the distribution package if the battery level is lower than the battery level threshold specified in the campaign file.]; and
a non-real-time message where the permitted period is equal to or greater than the first threshold, and the first control message is a non-real-time message [Kodama, Paragraphs 0041; 0054, In the normal NM mode, the microcomputer 2 is started when the ECU 1 receives a bus signal of the dominant level from the bus 9 (when the dominant level continues for a predetermined period or more). In the limited start mode, the transceiver 3 allows the power supply controller 4 to start power delivery, as mentioned above, to the microcomputer 2 when the ECU 1 in the sleep state receives either the wake-up frame transmitted to the ECU 1 as a start target, or the command for waking up a group-unit (or all of) ECUs 1 including the ECU 1.].
As per claim 13, Kodama and SAKURAI teach all the limitations of claim 8 above, where Kodama and SAKURAI teach, a vehicle-mounted apparatus, wherein the control message includes:
a real-time message where a permitted period from reception of the control message by the control unit to execution of control based on the control message at the conflicted ECU is less than a first threshold [SAKURAI, Paragraph 0197, The vehicle system 4 refers to the rewriting specification data shown in FIG. 17 and does not start the installation if the battery level is lower than the battery level threshold specified in the rewriting specification data. Alternatively, the vehicle system 4 may refer to the battery level threshold described as the restriction in the campaign file sent at D9 and may not start the download of the distribution package if the battery level is lower than the battery level threshold specified in the campaign file.]; and
a non-real-time message where the permitted period is equal to or greater than the first threshold, and the first control message is a non-real-time message [Kodama, Paragraphs 0041; 0054, In the normal NM mode, the microcomputer 2 is started when the ECU 1 receives a bus signal of the dominant level from the bus 9 (when the dominant level continues for a predetermined period or more). In the limited start mode, the transceiver 3 allows the power supply controller 4 to start power delivery, as mentioned above, to the microcomputer 2 when the ECU 1 in the sleep state receives either the wake-up frame transmitted to the ECU 1 as a start target, or the command for waking up a group-unit (or all of) ECUs 1 including the ECU 1.].
As per claim 10, claim 10 is rejected in accordance to the same rational and reasoning as the above claim 1 above, wherein claim 10 is the system claim for the apparatus of claim 1.
As per claim 11, claim 11 is rejected in accordance to the same rational and reasoning as the above claim 1 above, wherein claim 11 is the method claim for the apparatus of claim 1.
As per claim 12, claim 12 is rejected in accordance to the same rational and reasoning as the above claim 1 above, wherein claim 12 is the program claim for the apparatus of claim 1.
Conclusion
RELEVANT ART CITED BY THE EXAMINER
The following prior art made of record and not relied upon is cited to establish the level of skill in the applicant’s art and those arts considered reasonably pertinent to applicant’s disclosure. See MPEP 707.05(c).
References Considered Pertinent but not relied upon
RAVINUTHULA et al. (US Patent Application Pub. No: 20200114768 A1) teaches
method and apparatus are disclosed for energy-consumption detection of vehicles in an off state. RAVINUTHULA discloses vehicle includes a controller area network (CAN) including CAN buses, a gateway module, and electronic control units (ECUs) that are each connected to one of the CAN buses. RAVINUTHULA suggests upon activating while the vehicle is in an off state, a first of the ECUs sends a message via a corresponding one of the CAN buses to activate the gateway module; and the message includes activation data and the gateway module stores the activation data.
SANGAMESWARAN et al.(US Patent Application Pub. No: 20190210545 A1) teaches a power distribution box (PDB) includes relays to connect a vehicle battery to corresponding electronic control units (ECUs) of a vehicle. SANGAMESWARAN discloses a processor is programmed to instruct the PDB via a control interface to cause one of the relays to power a target ECU, send a sleep command over a vehicle bus to cause powered ECUs other than the target ECU to sleep, and install a software update to the target ECU.
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/GETENTE A YIMER/Primary Examiner, Art Unit 2181