DETAILED ACTION
This action is responsive to the Application filed 9/27/2024.
Accordingly, claims 1-8 are submitted for prosecution on merits.
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, 4-6 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Watabe, Mio, CN 104838356, (translation) 04-02-2019, 15 pgs. (herein Watabe) in view of Menon et al, USPubN: 2021/0191391 (herein Menon) and Garrett et al, USPubN: 2019/0347877 (herein Garrett).
As per claim 1, Watabe discloses a excavator comprising:
an upper turning body (see MCS(1) upper part – pg.14; hydraulic excavator MCS – pg. 4);
a lower traveling body (see MCS(1) lower part – pg. 14; excavator – pg. 4); and
a control device (processing device, engine controller - pg. 5) including a memory in which a program (RAM, ROM or flash memory - pg. 5) is stored, wherein rewriting of the program (computer program is rewritten – pg. 5; a software to be updated under the condition that reliably grasp the changing history – pg. 2; software (computer program) is rewritten … and so on the PSN of the identification information is rewritten to the new identification information – bottom pg 5 top pg.6 ) is associated with a predetermined condition (if the two are different … identifying information of the controller 21A … is rewritten - pg. 9; under the condition under the condition PSN obtained compared with the PSN of the … storage unit 20M and … identification information … to different conditions … transmitted the result of the comparison – pg. 6; key switch 32 can make the processing device powered on … under the condition when the key switch is closed – pg. 6 – see Note1 ) is satisfied (comparing identification information of the PSN and identification information of controller 21A … if the two are different … identifying information of the controller 21A … is rewritten - pg. 9- - Note1: under comparison that establishes condition that there is a mismatch between the ID information of a PSN and that of a controller, via a self-identification process by the controller – pg. 9 - a concurrent rewriting an old ID information with a new ID information for the controller is made -to reflect software change to the controller - e.g. computer program is rewritten … and so on … the PSN of the identification information is rewritten to the new identification information – bottom pg 5 top pg.6 - reads on a comparison result establishing condition establishing for a new controller ID be rewritten in direct association with the controller 21 software also subjected to rewriting)
Watabe does not explicitly disclose
wherein rewriting of the program is permitted when a predetermined condition is satisfied.
Garrett discloses a vehicle-embedded controller in communication with a fingerprint of the vehicle verification system (VPVS), enabling the VPVS to track and verify whether control systems of the vehicles are operating in compliance with the stored information in the fingerprint DB, which include performance data (operations parameters during an operating cycle … vehicle emission test procedure – para 0008), fingerprinted information on the control units of the vehicles (para 0037) as well as the identification of the vehicle (VIN, version number, OTA software updates - para 0050), the vehicles such as busses, trucks or any motorized manned or unmanned vehicles(para 0032), whose management is adopting the OTA type update (para 0060, 0070) to support the vehicle controller in managing update operations(para 0011-0012) for a desired SW version for the vehicle. Hence, managing OTA-based SW update for CUs of vehicles using an in-vehicle controller correlating identification information of the vehicle with a fingerprint information is recognized.
Menon discloses an OTA server and a repository with SW update and metadata indicative for tracking SW version of a vehicle (para 0067-0069), where via a local site server (Fig. 5), the OTA management is configured to permit vehicles to be managed to receive new software updates (para 0035), e.g. where on such operation associated with the vehicle is based on matching between the software version each vehicle should have and the version maintained on the local site server, so that if the compared versions do not match, determination that a software update should be performed (para 0052); hence server effect of triggering a comparison between ID information maintained on the server DB and that stored in each vehicle so that a mismatch would permit or trigger a SW update sent to the vehicle is recognized.
Therefore, based on use of identification comparison in Watabe as condition (e.g. a mismatch between two identifier) to update software as well as identification information for a control unit of excavator in Watabe, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement the management of updates in Watabe so that determination for the update includes case where rewriting of a SW program is permitted when a predetermined condition is satisfied as set forth in the identification mismatch in Menon OTA approach, where correlating information stored locally at the field vehicle (excavator) is compared for compliancy with identification information in the server database per the OTA management in Garrett; because
this method of verifying information specific to a vehicle (a tractor or excavator) under a managed process for allowing a software rewriting or control program update of a vehicle from a remote service (OTA as set forth above) is predicated on matching a very unique HW identification being stored locally at the vehicle side and that pre-established on the server side, so that only in case of mismatch – as set forth in Watabe and Menon - the intended software version can be allowed for distribution to the target vehicle can be performed not only with participation of a user or via an intermediary device, but also in form of an hands-free process carried out - via wireless communication paradigm by a mere remote inquiry as set forth in Watabe to obtain a self-identification from the vehicle side - with which to automate the SW rewriting independent without a human intervention, offering thereby a broader, more expedient and more secure manner to dispatch instant upgrade to a vehicle in its field of use (earth removing/excavating context) without unnecessary delay associated with recourse to a manual operation by a field personnel.
As per claim 2, Watabe does not explicitly disclose excavator according to claim 1, wherein the predetermined condition is that version information of a program for writing that is to be newly written into the memory and a machine number identifying the excavator match management information stored in a management apparatus.
Based on the concurrent determination of SW program update along with determination for rewriting of a Identification number to a excavator controller in Watabe (computer program) is rewritten … and so on the PSN of the identification information is rewritten to the new identification information – bottom pg 5 top pg.6), identification information of a vehicle (excavator) per a PSN remote site to be associated with determination that a specific version of a program be installed or dispatched as update on basis of comparing that identification information entails that a condition for permitting update being set upon a comparison between ID information on the vehicle side and that on the PSN side and this predetermined condition falls under the ambit of obviousness of vehicle side and server side identification matching set with rationale A of claim 1.
Therefore, predetermined condition being established upon determined version information of a update program and a machine identification of the excavator matching the identification information stored in a management apparatus (PSN management site) would be deemed obvious for the same reasons and benefits set forth with rationale of claim 1, using the teachings by Menon and Garrett.
As per claim 4, Watabe does not explicitly disclose excavator according to claim 2, further comprising:
(i)a detecting part configured to detect a storage medium in which the program for writing is
stored; and
(ii) an information output part configured to acquire the version information of the program for writing and the machine number identifying the excavator, and output the acquired version information and the machine number to the management apparatus.
Unique information to be read from an assembly or manufactured hardware of a work machine (component of the excavator ) for effect of matching it (bottom pg. 8 to top pg. 9) with a same information maintained at a management unit in Watabe entails that physical representation of the hardware component is reflected in the serial number on the hardware exactly as it came out from a manufacturer, whereas information maintained in a PSN apparatus includes (pg. 9) assembly name A, the serial number B, a mounting hardware C for the software and the software number/version D being mounted thereon; and this entails that exact location at which a SW version is installed – referred herein as (*)
Moreover, in Watabe, the controller unit of the excavator side in conjunction with the management unit is configured to obtain under some condition, identification A, B, C, D stored as PSN information – referred herein as (**) - so that a processing part 20C can effectuate comparison of all components of the PSN information with the same and actual identification on the engine controller side to see if any mismatch would require rewriting back (pg. 9-10) to CN or PSN counterparts on the engine controller side; hence the original of providing machine number identifying the excavator, location of a mounted SW version and outputting thereby the acquired version information and the machine number to the management apparatus prior to the comparison by the processing part 20C (pg. 9) is recognized.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement initial identification of a HW components or control device assembly on the excavator in Watabe so that this initial identification would include a management stage capability assisted with a manufacturer of part, in form of
1) a detecting part configured to detect a storage medium integrated with a HW mount – as per (*) - in which the program for writing is stored; and
(2) an information output part configured to acquire and output the version information of the program for writing and the machine number identifying the excavator – as per (**) - to the management apparatus to form a PSN information stored thereon; because
Information such as identifier of a component being assembled by a manufacture, information of a HW part on which a version of control SW is being mounted or stored, identifier of from the manufactured chassis of the HW component and version of the software included to operate the HW component when read and outputted for storage in a management unit similar to a the maintained PSN information in Watabe would be used as reference data with which to verify consistent mapping between recorded identification from a manufacturer stage with the identification information locally stored on a machine that is destined for operation on the field, which might be subjected to unpredictable variations and situational conditions of changes possibly caused by various instances of manual repair; e.g. the ones occurred when the excavator is being deployed on the field.
As per claims 5-6, Watabe discloses excavator according to claim 4, further comprising:
a rewrite control part for writing into the memory when the storage medium is detected (refer to rationale of claim 4) and the predetermined condition is satisfied (refer to rewriting of the program per rationale A of claim 1), the rewrite control part configured to delete the program from the memory and write the program for writing into the memory (refer to rewriting of the program per rationale A of claim 1)
a driver compartment (reporting to the operator – pg. 11); and a display device (on monitor 22 – pg. 11) arranged inside the driver compartment, the display device including a processing device (processing device of work machine 20 – pg. 11), wherein the rewriting of the program is performed via the processing device (refer to rewriting of the program per rationale A of claim 1).
Claims 3 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Watabe, Mio, CN 104838356, (translation) 04-02-2019, 15 pgs. (herein Watabe) in view of Menon et al, USPubN: 2021/0191391 (herein Menon) and Garrett et al, USPubN: 2019/0347877 (herein Garrett), further in view of Kim Yong En, KR 20220014916, (translation), 02-08-2022, 13 pgs (herein KimYE)
As per claim 3, Watabe discloses excavator according to claim 1,
wherein the predetermined condition is that version information of a program for writing that is to be newly written into the memory and a machine number identifying the excavator match management information stored in a management apparatus (refer to rationale of claim 2),
Watabe does not explicitly disclose predetermined condition being a information matching by which a safety condition is satisfied.
KimYE discloses a method to upgrade firmware for a agricultural machinery(tractor pg. 16) using a intermediary unmanned device (device 100 – pg. 13) and a terminal device (see Abstract; pg. 3) according to which, the firmware update is effected via the unmanned device to provide the firmware to the agricultural machinery, using an update request signal that include identification information, firmware version information of the agricultural machine (pg. 3), all of which being managed by a management server and transmitted to the unmanned device enabling a control device on the terminal device to authenticate identification of the request signal, the success of which operation at the terminal device triggering acceptance of the firmware download onto the agricultural machine from the unmanned device (pg. 4), where, subsequent to the accepted download, information of the firmware is further verified for integrity at the controller unit for integrity check based on hash computing (pg. 7) to ensure that the firmware is safe for installation.
Hence, information matching as a way to satisfy a integrity criterion to the firmware slated for updating a agricultural machinery is recognized.
Therefore, based on NW communication (pg. 5) between a excavator’s in-vehicle controller, a mobile device and a management device for PSN information to be acquired as part of the update method in Watabe so that a PSN identifier should properly correspond with the HW serial number/identifier (bottom pg.8 top pg. 9) of control devices mounted on the excavator, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement the unique identifier matching contributive to acceptance of a update to be provided to memory of the excavator controller so that this particular identification information matching would be purported to satisfy a security or safety condition, as set forth per the hash computing in and authentication of identification data in KimYE; because
information originating from sources external to the local storage or memory of the excavator controller can be subjected to data loss or corruption due to transmission, or altered by various forms of vulnerability in the course of their transit, in that identification information (e.g. PSN) stored remote to the excavator and the locally-stored unique identifier (SN) of the HW devices on the excavator can both risk to be different from what is theoretically expected of them, and using hash-compute authentication – as per KimYE - as a measure to enforce and ensure that the intended HW verified by this measure will be the specific and compliant type HW target for which update is to be destined; i.e. for a designated SW to be downloaded as part of the intended upgrade to a HW component of the excavating machine on the field.
Claims 7-8 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Watabe, Mio, CN 104838356, (translation) 04-02-2019, 15 pgs. (herein Watabe) in view of Menon et al, USPubN: 2021/0191391 (herein Menon) and Garrett et al, USPubN: 2019/0347877 (herein Garrett), further in view of Ogawa et al, JP 2020027671, (translation) 02-20-2020, 161 pgs (herein Ogawa)
As per claims 7-8, Watabe does not explicitly disclose excavator according to claim 6, further comprising:
(i) a display control part configured to receive, from the management apparatus, a request to rewrite the program, and display a rewrite agreement screen on the display device, and
transmit a rewrite agreement signal to the management apparatus upon receiving an indication to agree with the rewriting of the program on the rewrite agreement screen.
(ii) wherein the display control part displays, on the display device, a guide screen for switching a communication method between the display device and the control device to a predetermined method upon receiving the operation indicating to agree with the rewriting of the program on the rewrite agreement screen, and transmits the rewrite agreement signal to the management apparatus after the communication method between the display device and the control device is switched to the predetermined method.
As for (i)
Ogawa discloses a display configured to provide user of a vehicle targeted for a campaign- based update from a center device (see Abstract) as well as visually reporting of status of an OTA completed update operation (pg. 152) achieved on target vehicles, where the campaign software provides display options to the vehicle side to either prompt the user for immediate consent or approval for the rewrite; or to defer its activation for latter or cancel it all together (pg. 46-47) by interacting with the screen buttons. Thus, user interaction at the vehicle side resulting in transmitting a rewrite agreement signaling a management apparatus about an indication from the vehicle side to agree with the rewriting of the program responsive to receiving the rewrite agreement screen from the management center on the vehicle side display is recognized.
As for (ii)
Ogawa discloses a dual mode of installation in which a first mode is driven by a user consent (pg 57-58) about how the vehicle software is to be acquired and installed, and another mode that is driven solely when a condition for rewriting has been met; e.g. a security type of authentication (pg. 59-60), using a campaign software and enrollment allowing the vehicle owner to specify in advance a consent operation to automate the program regardless of whether a configuration is communicated (pg. 20). Thus, use of display to allow a vehicle owner with alternatives to push a update immediately, to automate vehicle SW installation without further configuration or settings, or defer its activation until conditions are met via use a campaign pre-configuration settings entails guide screen by a campaign software that supports switching a communication method between the display mode for instant SW installation and a control mode per a predetermined method resulting from receiving user prior operation agreeing to automatic rewriting as result from any rewrite agreement/activation mode screen setting.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement the controller and display system of the excavator system in Watabe so that the excavator controller display is cooperating with update management control and external provision from a remote management center so that
1) the display control part is configured to receive, from a management apparatus, a request to rewrite the program, and display a rewrite agreement screen – as per Ogawa - on the display device and
transmit a rewrite agreement signaling - upon receiving an indication from an user agreeing with the rewriting of the program - the management apparatus as result from the displayed the rewrite agreement screen;
2) the display control part
displays, on the display device, a guide screen for switching – as in Ogawa - a communication method between a) a display mode for instant SW installation and b) a control mode per a predetermined process resulting from receiving user prior operation agreeing to automatic rewriting resulting from a update agreement/activation enrollment screen setting, and
transmits the rewrite agreement signal to the management apparatus after the communication method between the display device and the control device is switched- see guide screen from Ogawa- to the predetermined method; because
this configuration provided from a management center in coordination with controller and display on the excavator or vehicle of the user side -via wireless communication as in Watabe, not only enable the user side to be timely communicated with latest provision of update and management side requests for the user to configure how available update is to be notified and obtained or activated in accordance with user preferences, but would also afford the vehicle user with visual options as to return consent or approval for a immediate update action or a deferred instance thereof, or pre-arrange the activation of software along with either client consent seeking mode or automatic mode carried out even during absence of the user, affording this software update activations to be driven by different mode and a corresponding configuration screen for soliciting user inputs in a real-time consent or a user preferences set earlier than when a desired update is made available.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A Vu whose telephone number is (571) 272-3735. The examiner can normally be reached on 8AM-4:30PM/Mon-Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Chat Do can be reached on (571)272-3721.
The fax phone number for the organization where this application or proceeding is assigned is (571) 273-3735 ( for non-official correspondence - please consult Examiner before using) or 571-273-8300 ( for official correspondence) or redirected to customer service at 571-272-3609.
Any inquiry of a general nature or relating to the status of this application should be directed to the TC 2100 Group receptionist: 571-272-2100.
/Tuan A Vu/
Primary Examiner, Art Unit 2193
July 06, 2026
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