DETAILED ACTION
This action is responsive to the application filed on October 08, 2024.
Claims 1-6 are pending and presented to examination.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Drawings
The drawings filed on October 08, 2024 are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submission of the Information Disclosure Statement dated October 08, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: (a) a vehicle detection unit configured to detect entrance of a vehicle into a specific area which the vehicle can enter (claim 1), the recited function being detecting the entrance of a vehicle into a specific area;
(b) a notification unit (claim 1), which performs the function of performing a notification of the presentation to an occupant of the vehicle via the notification unit; and
(c) a communication unit configured to establish communication between the control unit and the vehicle (claim 1) and cause a communication unit to establish communication with the vehicle (claim 6), the recited function being establishing communication between the control unit and the vehicle.
The term “control unit” is not interpreted under 35 U.S.C. 112(f) because claim 1 recites that the control unit comprises at least one processor, and at least one memory, thereby reciting sufficient structure.
A review of the specification shows the corresponding structure for the above limitations. For the vehicle detection unit, the specification discloses: "The vehicle detection unit 22 may include, for example, a physical gate placed at the entrance of the specific area 80." For the notification unit, the specification discloses: "The notification unit 28 includes a display 90 and a speaker 92." For the communication unit, the specification discloses: "Communication between the control unit 32 and the vehicle communication unit 50 in the vehicle 10 is capable of being established via the communication unit 24."
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claims 1-6 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. With respect to claim 1 (and similar for claim 6), the limitation “performing, in response to detection of the entrance of the vehicle into the specific area, certain presentation indicating characteristics of the vehicle after update to update at least part of data and programs concerning control of the vehicle is performed” is indefinite. The step opens with the gerund “performing” and closes with the clause “is performed,” combining two grammatically incompatible constructions, and further nests “after update to update at least part of data and programs concerning control of the vehicle,” such that the act positively required by the step cannot be reasonably ascertained. For purposes of examination, the limitation is interpreted as performing, in response to the detection, a presentation indicating characteristics of the vehicle after the update. Appropriate correction is required. Claim 1 (and similar for claim 6) recites “performing, in response to detection of the entrance of the vehicle into the specific area, certain presentation indicating characteristics of the vehicle after update to update at least part of data and programs concerning control of the vehicle is performed, to perform a notification of the presentation to an occupant of the vehicle via the notification unit,”. The term certain presentation recites the qualifier “certain” without an antecedent article and without a definition delimiting its scope, rendering the metes and bounds of the recited presentation unclear.
Claim 4 recites “the display being configured to visually notify a display representing the presentation.”. It is unclear how a display “visually notifies a display,” and the recitation of “a display” introduces a second display element after the notification unit comprises a display, such that it cannot be determined whether the later-recited “a display” refers to the same display, to a different display, or to a displayed image. In addition, the phrase an inner side opposed to the vehicle of the specific structure is grammatically unclear; applicant should clarify that the display is provided on an inner side of the specific structure that is opposed to the vehicle. With respect to claim 5, the limitation the speaker being configured to auditorily notify a sound representing the presentation is indefinite for the analogous reason that a speaker does not “notify a sound”; the act intended to be performed by the speaker (e.g., outputting a sound representing the presentation) cannot be reasonably ascertained. Dependent claims 2-3 do not overcome the deficiency of the base claim and, therefore, are rejected for the same reasons as the base claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Madrid et al. (US Pub. No. 2019/0294135, hereinafter Madrid) in view of Chun (US Pat. No. 9,575,743, hereinafter Chun).
With respect to claim 1, Madrid teaches an update apparatus (Madrid discloses a vehicle charging system whose charge station 240 stores software updates and downloads/transfers them to the vehicle in order to reprogram the vehicle’s electronic control units. Madrid discloses at the Abstract: "A vehicle charging system includes a charge station comprising a controller that is in communication with a server ... responsive to a vehicle associated with the reservation request receiving power from the charge station, transfer the content to the vehicle," at [0007]: "selecting a software update corresponding to the vehicle identification data, and sending the software update to a charge station for storage prior to the reservation time. The method further includes downloading, by the charge station, the software update to the vehicle responsive to the vehicle receiving power from the charge station," and at [0039]: "Content may include software update files and instructions and media that includes audio and video files.". The "content" that Madrid’s charge station stores and transfers to the vehicle expressly includes software update files (Abstract; [0007]; [0039]), and those updates reprogram the vehicle’s electronic control units ([0045]; [0046]). Under the broadest reasonable interpretation, an "update apparatus" is an apparatus that performs or causes an update of the vehicle. Because Madrid’s charge station system stores software updates and downloads/transfers them to the vehicle to reprogram (update) the vehicle’s control software, Madrid’s charge station system is an apparatus that updates the vehicle and therefore teaches the claimed update apparatus.) comprising: a vehicle detection unit configured to detect entrance of a vehicle into a specific area which the vehicle can enter (Madrid discloses at [0073]: "the charge station may monitor if a vehicle is at the charge station. The charge station controller may detect the presence of the vehicle by various sensors (e.g., tire pad, camera, proximity sensors). In addition, the presence of a vehicle is detected when a vehicle is plugged in and/or establishes communication with the charge station," and at [0074]: "If a vehicle is detected, operation 504 may be performed.". The charge station 240 is a specific area that the vehicle drives into to be charged, and the charge station controller, together with its sensors (tire pad, camera, proximity sensors) or a plug-in/communication event, monitors for and detects the vehicle upon its arrival at that area, whereupon the subsequent operations proceed ([0074]). Detecting the vehicle upon its arrival at, i.e., its entrance into, the charge-station area teaches a vehicle detection unit configured to detect entrance of a vehicle into a specific area which the vehicle can enter.) a control unit (Madrid discloses at [0037]: "The charge station 240 may also include a charge station controller 244. The charge station controller 244 may be configured to control the operation of the power transfer module 242," at [0038]: "The charge station controller 244 may include a network interface," and at [0068]: "The operations may be implemented in one or more controllers (e.g., charge station controller 244, server 260, and/or VCS 100).". The charge station controller 244 governs operation of the charge station, carries a network interface, and executes the disclosed operations, including the delivery of software updates to the vehicle; it therefore teaches the claimed control unit.) a communication unit configured to establish communication between the control unit and the vehicle (Madrid discloses at [0041]: "when the charge plug 248 is connected to the charge port 202, a connection is established between the charge station controller 244 and the vehicle-based computing system 100," at [0049]: "The charge controller 244 may provide a communication link between the server 260 and the electrified vehicle 231," and at [0050]: "The server 260 may transfer software updates to the charge controller 244 which may then transfer the software updates to the VCS 100.". The data connection established between the charge station controller 244 (the control unit) and the vehicle-based computing system 100 of the vehicle, over which the software updates are transferred, teaches a communication unit configured to establish communication between the control unit and the vehicle.), wherein the control unit comprises at least one processor, and at least one memory connected to the at least one processor (Madrid discloses at [0072]: "The charge station may store the content in memory of the charge station controller for later retrieval at the reservation start time," and at [0078]: "The processes, methods, or algorithms disclosed herein can be deliverable to/implemented by a processing device, controller, or computer, which can include any existing programmable electronic control unit ... information permanently stored on non-writable storage media such as ROM devices and information alterably stored on writeable storage media such as ... RAM devices.". The charge station controller 244 is a programmable controller that executes the disclosed processes (at least one processor) and stores content and instructions in ROM/RAM (at least one memory connected to the processor). It therefore teaches that the control unit comprises at least one processor, and at least one memory connected to the at least one processor.), and wherein the at least one processor performs a process comprising performing, in response to detection of the entrance of the vehicle into the specific area, [[certain presentation indicating characteristics of the vehicle after update]] to update at least part of data and programs concerning control of the vehicle is performed, [[to perform a notification of the presentation to an occupant of the vehicle via the notification unit,]] (Madrid discloses at [0074]–[0075]: "the charge station controller may determine if the electrified vehicle is associated with a reservation request ... the controller may check the stored content and associated VIL information to determine if there is any content corresponding to the vehicle that is present ... the controller may prepare the vehicle to receive the content. For example, diagnostic commands may be sent to the vehicle controllers to enter the correct mode for receiving software updates," at [0043]: "The first ECU 210, the second ECU 212, and the third ECU 214 may be programmable controllers. That is, the controllers may be configured to be programmed with new software," and at [0045]: "To reprogram the controllers (e.g., ECU1 210, ECU2 212, and ECU3 214) in the electrified vehicle 231, the server 260 may transfer the software updates to the electrified vehicle 231.". In response to detecting the vehicle’s entrance into the charge-station area (operations 502–504), the charge station controller determines and prepares the applicable software updates, which reprogram the vehicle’s electronic control units (ECU1–ECU3) — the programmable controllers that govern control of the vehicle — thereby updating at least part of the data and programs concerning control of the vehicle. The bracketed portions of this limitation, directed to the certain presentation indicating characteristics of the vehicle after update and the notification thereof to an occupant via the notification unit, are not relied upon from Madrid and are addressed below in view of Chun.) and performing a transmission of update information indicating content of the update to the vehicle via the communication unit after the presentation is indicated to cause the vehicle to perform the update (Madrid discloses at [0052]: "When the electrified vehicle 231 is coupled to the charge station 240, the software updates may be transferred to the VCS 100 over the data connection. The VCS 100 may transfer the software updates over the vehicle network 186 to the destination controller," and at [0046]: "The VCS 100 may receive the instructions and software update files and initiate reprogramming the corresponding controller.". The charge station transmits the software updates (update information indicating the content of the update) to the vehicle over the established station-to-vehicle data connection (the communication unit), and the vehicle applies them to the destination controller, initiating reprogramming — causing the vehicle to perform the update. The temporal limitation "after the presentation is indicated" is satisfied by the combination with Chun set forth immediately below, in which the presentation of the vehicle’s post-update characteristics is made to the occupant before the update information is transmitted.)
Madrid does not expressly disclose a notification unit, or performing certain presentation indicating characteristics of the vehicle after update to perform a notification of the presentation to an occupant of the vehicle via the notification unit; however, in an analogous art (updating vehicle software), Chun teaches:
a notification unit (Chun discloses at col. 4 lines 53-59: "the driver terminal 400 means a portable terminal of a driver providing data communications. For example, the driver terminal 400 includes a cellular phone, a personal digital assistant (PDA), a smart phone, or a wearable device," at col. 7 lines 47-48: "The driver terminal 400 receives and outputs the download information transmitted in step S37 (S38)," and at col. 7 lines 62-63: "The driver terminal 400 receives and outputs the update information transmitted in step S41 (S42).". The driver terminal 400 is a display-equipped portable terminal of the driver (an occupant) that receives and outputs vehicle-software information to the driver; it teaches the claimed notification unit.) certain presentation indicating characteristics of the vehicle after update ... to perform a notification of the presentation to an occupant of the vehicle via the notification unit.(Chun discloses at col. 5 lines 54-63: "The software information storage unit 210 stores latest version software information ... The software information includes registration information including a latest software version, a latest version release date, an applied vehicle model, and modified and additional function related information," at col. 2 lines 28-36: "The latest version software information may include at least one of: a latest software version, a latest version release date, an applied vehicle model, modified and additional function related information," at col. 5 line 64 – col. 6 line 2 and col. 6 lines 42-47: "The software information transmitter 220 transmits the software registration information stored in the software information storage unit 210 to the driver terminal 400 ... the software providing server 200 transmits the stored software registration information to the driver terminal 400 through the software registration information transmitter 220 (S11)," and at col. 6 lines 48-51: "The driver terminal 400 receives the software registration information (S12) and transmits the software information request of the vehicle terminal 300 to the software providing server 200 (S13).". Chun’s software registration information includes "modified and additional function related information" — that is, information identifying the functions of the vehicle that are modified and added by the update. Under the broadest reasonable interpretation, the functions and capabilities the vehicle possesses after the update are "characteristics of the vehicle after update"; the instant specification does not define "characteristics" more narrowly for claim 1 and recites that the presentation "includes, for example, a video ... and ... a sound," which are expressly non-limiting examples. Chun transmits this modified-and-additional-function-related information to, and causes it to be output on, the driver terminal 400 (the notification unit) for the occupant (driver), and it does so before the software download and update is performed (Chun at col. 6 lines 48-51 and col. 7 lines 7-56). This teaches performing a certain presentation indicating characteristics of the vehicle after update and performing a notification of that presentation to an occupant of the vehicle via the notification unit, prior to the update.
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to modify the charge-station vehicle-software-update apparatus of Madrid to present, via a driver terminal (notification unit), the modified and additional function related information indicating the vehicle’s characteristics after the update to the occupant before the update information is transmitted to and performed by the vehicle, as taught by Chun. One of ordinary skill would have been motivated to do so in order to provide the occupant with the new-version software and function information so that the occupant is informed of, and can make an informed decision regarding, the modified and additional functions the update will provide before the update is applied (Chun at col. 8 lines 18-25: "the new software information ... may be provided to the driver"), thereby improving the transparency and user acceptance of the update. Madrid itself contemplates informing the operator of, and obtaining the operator’s selection regarding, available updates (Madrid at [0053]), so incorporating Chun’s pre-update presentation of the post-update functions/characteristics is a combination of known elements according to known methods that yields the predictable result of an informed occupant.
With respect to claim 6, Madrid in view of Chun teaches the invention substantially as claimed. Claim 6 recites limitations corresponding to those of claim 1, differing only in that the apparatus is recited as comprising at least one processor, and at least one memory connected to the at least one processor, wherein the at least one processor is configured to detect entrance of a vehicle into a specific area which the vehicle can enter, and cause a communication unit to establish communication with the vehicle (Madrid teaches this processor-centric framing at [0078] and [0068] (a programmable controller/processor with ROM/RAM executing the operations), [0073]–[0074] (the charge station controller detecting the vehicle upon its entrance into the charge-station area), and [0041] and [0049] (the charge station controller causing establishment of communication with the vehicle). The remaining limitations of claim 6 — the presentation indicating characteristics of the vehicle after update, the notification to an occupant via a notification unit, and the transmission of update information after the presentation — are met by Madrid in view of Chun for the reasons set forth for claim 1. Claim 6 is therefore rejected under the same combination and for the same reasons as claim 1.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Madrid et al. (US Pub. No. 2019/0294135, hereinafter Madrid) in view of Chun (US Pat. No. 9,575,743, hereinafter Chun) and further in view of Pallett et al. (US Pub. No. 2016/0009291, hereinafter Pallett). With respect to claim 2, Madrid teaches wherein, in the transmission of the update information, the update information corresponding to the selected update is transmitted to perform the selected update in the vehicle (Madrid discloses at [0053]: "The nomadic device 153 may be programmed to allow the operator to select which updates are to be installed," and at [0052]: "When the electrified vehicle 231 is coupled to the charge station 240, the software updates may be transferred to the VCS 100 over the data connection. The VCS 100 may transfer the software updates over the vehicle network 186 to the destination controller.". Madrid transmits, to the vehicle over the station-to-vehicle data connection, the update the operator selected to be installed, which is then applied to the destination controller — teaching that the update information corresponding to the selected update is transmitted to perform the selected update in the vehicle.)
Madrid is silent to disclose; however, in an analogous art, Chun teaches: wherein the presentation and the update information are prepared for each of the update options (Chun discloses at col. 54-63: "The software information includes registration information including a latest software version, a latest version release date, an applied vehicle model, and modified and additional function related information ... and a software update file.". For each software version (option), Chun prepares and stores both the registration information containing the modified-and-additional-function-related information (the presentation) and the corresponding software update file (the update information) — teaching that the presentation and the update information are prepared for each of the update options.)
wherein, in the notification of the presentation, the presentation corresponding to the selected update is performed to indicate the presentation via the notification unit (Chun discloses at col. 5 line 64 – col. 6 line 2: "The software information transmitter 220 transmits the software registration information stored in the software information storage unit 210 to the driver terminal 400," and at col. 6 lines 48-51: "The driver terminal 400 receives the software registration information (S12) and transmits the software information request of the vehicle terminal 300 to the software providing server 200 (S13).". The registration information (the presentation) corresponding to the version/update at issue is transmitted to and output on the driver terminal 400 (the notification unit) for the occupant — teaching that the presentation corresponding to the selected update is performed to indicate the presentation via the notification unit.
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to configure the update apparatus of Madrid to prepare, for each available update, both the modified-and-additional-function-related information (the presentation) and the corresponding update file, and to output the presentation corresponding to the update at issue on a driver terminal (notification unit), as taught by Chun, in order to inform the occupant of the modified and additional functions each update will provide before the selected update is transmitted and applied (Chun at col. 8 lines 18-25: "the new software information ... may be provided to the driver"), thereby improving the transparency and user acceptance of the update.)
Madrid in view of Chun is silent to disclose; however, in an analogous art, Pallett teaches: wherein update options having different characteristics of the vehicle are prepared (Pallett discloses at [0006] and [0008]: "The user interface device receives a user input representing a driving mode selection. The driving mode selection may include, e.g., a “time to target” mode, an “eco-friendly” mode, a “chauffeur” mode, a “sport” mode, or a “racecar” mode ... the autonomous driving system 105 may adjust driving characteristics as well as a vehicle “personality.”" at [0009]: "When operating in the “time to target” mode, the autonomous driving system 105 may prioritize reaching the target destination as quickly as possible relative to traffic laws and the current traffic patterns," at [0010]: "The “eco-friendly” mode may prioritize maximizing fuel economy," and at [0012]: "The “sport” mode may give the autonomous vehicle 100 a sportier feel to the occupants ... more aggressive acceleration, deceleration, and cornering maneuvers ... may allow for louder engine revving and higher available engine power." Pallett prepares multiple selectable driving modes (time-to-target, eco-friendly, chauffeur, sport, and racecar), and each mode is associated with a different set of vehicle characteristics — e.g., prioritizing arrival time, prioritizing fuel economy, or providing more aggressive acceleration, cornering, engine power, and engine sound. These plural mode profiles, each producing different characteristics of the vehicle, teach update options having different characteristics of the vehicle being prepared.) wherein the at least one processor performs a process comprising causing the occupant of the vehicle to select one update from the update options (Pallett discloses at [0016]: "The user interface device 110 may be configured to present information to the vehicle occupants ... Moreover, the user interface device 110 may be configured to receive user inputs, including a selection of one of the modes," at [0023]: "The mode selection may be received from the vehicle occupant via the user interface device 110," and at [0005]: "Accordingly, the autonomous vehicle may permit the owner or another occupant to select a driving mode.". Pallett’s user interface device receives, from the occupant, a user input selecting one of the plural options — teaching causing the occupant of the vehicle to select one update from the update options.
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to further modify the update apparatus of Madrid in view of Chun so that the prepared update options are options having different characteristics of the vehicle and the occupant is caused to select one update therefrom, as taught by Pallett, because occupants have differing and changing preferences for how the vehicle should behave (Pallett at [0005]: "One day, the owner may wish for the autonomous vehicle to maximize fuel economy. The next, however, the owner may wish to arrive at the target destination as soon as possible. Accordingly, the autonomous vehicle may permit the owner or another occupant to select a driving mode"), such that offering plural update options with different vehicle characteristics and allowing the occupant to select the desired one predictably provides the vehicle characteristics the occupant desires and improves the degree of freedom and satisfaction of the update.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Madrid et al. (US Pub. No. 2019/0294135, hereinafter Madrid) in view of Chun (US Pat. No. 9,575,743, hereinafter Chun) in view of Pallett et al. (US Pub. No. 2016/0009291, hereinafter Pallett) and further in view of Krosschell et al. (US Pub. No. 2018/0141543, hereinafter Krosschell). With respect to claim 3, Madrid teaches wherein, in the transmission of the update information, the update information which corresponds to the selected update [[and in which the modification of the parameter by the occupant of the vehicle is reflected]] is transmitted to perform the selected update [[in which the modification of the parameter by the occupant of the vehicle is reflected]] in the vehicle (Madrid discloses at [0053]: "The nomadic device 153 may be programmed to allow the operator to select which updates are to be installed," and at [0052]: "When the electrified vehicle 231 is coupled to the charge station 240, the software updates may be transferred to the VCS 100 over the data connection.". Madrid transmits to the vehicle the update information corresponding to the update the operator selected, to perform the selected update in the vehicle. The bracketed portions reciting that the update information and the performed update reflect the occupant’s modification of the parameter are addressed in view of Krosschell below).
Madrid transmits to the vehicle the update information corresponding to the update the operator selected, to perform the selected update in the vehicle. The bracketed portions reciting that the update information and the performed update reflect the occupant’s modification of the parameter are addressed in view of Krosschell below.
Madrid is silent to disclose; however, in an analogous art, Chun teaches: wherein, in the notification of the presentation, the presentation which corresponds to the selected update [[and in which the modification of the parameter by the occupant of the vehicle is reflected]] is performed to indicate the presentation via the notification unit (Chun discloses at col. 5 line 64 – col. 6 line 2: "The software information transmitter 220 transmits the software registration information stored in the software information storage unit 210 to the driver terminal 400.". Chun outputs the registration information (the presentation) corresponding to the version/update at issue on the driver terminal 400 (the notification unit). The bracketed portion reciting that the presentation reflects the occupant’s parameter modification is addressed in view of Krosschell below.
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to combine the presentation taught by Chun with the charge-station update transmission of Madrid, so that the presentation corresponding to the occupant’s selected update is indicated to the occupant via the notification unit before the update information is transmitted to and performed by the vehicle, in order to inform the occupant of the modified and additional functions the selected update will provide before it is applied (Chun at col. 8 lines 18-25), thereby improving the transparency and user acceptance of the update.
Madrid in view of Chun in view of Pallett is silent to disclose; however, in an analogous art, Krosschell teaches enabling the occupant of the vehicle to modify at least part of parameters indicating the characteristics of the vehicle, which are identified by the selected update (Krosschell teaches, at [0115]: "Operator interface controller 80, in one embodiment, communicates over network 78 values for parameters selected by an operator of vehicle 10. Exemplary parameters include a number of operators or riders, a ride mode selection for suspension system 11, and other suitable tuning selections for shock absorbers 18 of suspension system 11," and at [0117]: "the selection of various ride modes and operator customization of the vehicle characteristics associated with each of the selectable ride modes is received by controller 20 through graphical user interface 310 of display 24.". Krosschell enables the operator (occupant) to input values for, and to customize, the parameters that define the vehicle characteristics associated with each selectable ride mode (e.g., the tuning selections for the shock absorbers) through the graphical user interface, teaching enabling the occupant of the vehicle to modify at least part of the parameters indicating the characteristics of the vehicle identified by the selected update.)
Krosschell further teaches, with respect to the bracketed portions above, that the modification is reflected in the presentation and in the update. Krosschell discloses at [0115] that "display 24 is a touch screen display that presents one or more screens of a graphical user interface 310 to an operator of vehicle 10," and at [0016] that the display presents "at least one numerical indication of at least one damping characteristic of the at least one adjustable shock absorber and (ii) at least one graphical representation of the at least one damping characteristic of the at least one adjustable shock absorber.". Krosschell’s touchscreen graphical user interface both receives the operator’s customization and presents, numerically and graphically, the damping characteristic (the parameter) resulting from that customization; and the customized parameter values are those applied to the vehicle. In the combination, the presentation performed via the notification unit (Chun) and the update information transmitted to the vehicle (Madrid) therefore each reflect the occupant’s modification of the parameter, satisfying the bracketed portions of the transmission and presentation limitations. It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to further modify the update apparatus of Madrid in view of Chun in view of Pallett to enable the occupant to modify the parameters defining the characteristics of the selected update, and to present and transmit the update reflecting that modification, as taught by Krosschell, in order to allow the occupant to obtain "the most comfortable ride for given terrain and payload scenarios" (Krosschell at [0003]) — i.e., to tune the vehicle characteristics to the occupant’s own preference and operating conditions rather than being limited to fixed presets — thereby increasing the degree of freedom and satisfaction of the update.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Madrid et al. (US Pub. No. 2019/0294135, hereinafter Madrid) in view of Chun (US Pat. No. 9,575,743, hereinafter Chun) and further in view of Brooke (US Pat. No. 5,253,049, hereinafter Brooke). With respect to claim 4, Madrid in view of Chun is silent to disclose; however, in an analogous art, Brooke teaches further comprising: a specific structure configured to be built so as to surround the vehicle when the vehicle enters the specific area (Brooke discloses at col. 1 lines 30-49: "The display medium is comprised of walls of a serpentine darkened tunnel constructed of flat faceted rear projection screens, upon which video imagery is projected from video projectors disposed outside the tunnel behind the rear projection screens. Participants traverse through the darkened display tunnel riding in-vehicles that are guided and driven in a manner analogous to automobiles processed through a car wash or factory assembly line," and at col. 4 lines 6-35: "As the vehicle 12 progresses down the tunnel 13, the five facets 15 comprising the section 14 immediately surrounding the vehicle 12 are illuminated, together with the preceding and succeeding facet sections 14.". Brooke’s tunnel, formed of walls of rear projection screens into which the vehicle is driven (analogous to a car wash) and whose screens immediately surround the vehicle, teaches a specific structure configured to be built so as to surround the vehicle when the vehicle enters the specific area.) wherein the notification unit comprises a display that is provided at a position which is on an inner side opposed to the vehicle of the specific structure and at which the occupant of the vehicle is capable of visually recognizing a screen of the display from an inside of the vehicle (Brooke discloses at col. 2 line 66 – col. 3 line 14: "The vehicles 12 that seat participants are propelled down the center of the tunnel 16, and a design eyepoint (in lateral cross section), that corresponds to the position at which a participant’s eye level is located, is designed to be at an eye level for seated occupants in the vehicles 12," and at col. 3 lines 15-45: "the occupants of each vehicle 12 are presented with video images 19 unique to that vehicle 12.". The rear projection screens form the interior walls of the tunnel, on the inner side of the structure facing the vehicle, and the video images on those screens are viewed by the occupants seated inside the vehicles (the design eyepoint being at the seated occupants’ eye level), teaching that the notification unit comprises a display on the inner side of the specific structure, opposed to the vehicle, at which the occupant can visually recognize the screen from inside the vehicle). the display being configured to visually notify a display representing the presentation (Brooke discloses at col. 2 41-65: "A plurality of video projectors 17 and mirrors 18 are provided that cooperate to focus video images 19 provided by the projectors 17 onto the rear of each of the projection screens 15.". The projection screens 15 (the display) are configured to have the video images 19 focused onto and displayed on them for viewing by the occupant; in the combination, those displayed images are the presentation of the post-update characteristics, so the display is configured to visually notify a display representing the presentation).
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to provide the presentation of the update apparatus of Madrid in view of Chun on a display forming the inner, vehicle-facing wall of a structure surrounding the vehicle at the specific area, as taught by Brooke, in order to present the post-update characteristics to the occupant on a large, immersive, clearly visible surface while the vehicle is stationed in the structure, predictably improving the occupant’s perception of the presentation.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Madrid et al. (US Pub. No. 2019/0294135, hereinafter Madrid) in view of Chun (US Pat. No. 9,575,743, hereinafter Chun) and further in view of Rosenberg (US Pat. No. 3,162,726, hereinafter Rosenberg). With respect to claim 5, Madrid in view of Chun is silent to disclose; however, in an analogous art, Rosenberg teaches wherein the notification unit comprises a speaker that is provided at a position which is outside the vehicle entering the specific area and at which the occupant of the vehicle is capable of hearing a sound from an inside of the vehicle, the speaker being configured to auditorily notify a sound representing the presentation (Rosenberg discloses at col. 1 lines 21-41: "In present day drive-in motion picture theatres, electrical energy representing the sound portion of the motion picture is distributed throughout the theatre to a plurality of speakers, each of which is located at an adjacent parking area or automobile station," the speaker being "provided with hooks to allow it to be hooked on the upper edge of an automobile window.". Rosenberg describes a speaker that is located at the parking area or automobile station on a supporting post — that is, provided outside the vehicle at the specific area at which the vehicle is stationed — and that is hooked on the upper edge of the automobile window, reproducing the sound portion of the motion picture, which the patron (the occupant) hears from within the automobile. This teaches a speaker of the notification unit provided outside the vehicle, at the specific area, at which the occupant can hear a sound from inside the vehicle, the speaker auditorily representing the presentation. (Rosenberg describes this drive-in station speaker as the conventional arrangement it improves upon; the cited teaching is Rosenberg’s description of that speaker located at the automobile station.))
It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to provide the presentation of the update apparatus of Madrid in view of Chun as sound emitted by a speaker positioned outside the vehicle at the specific area, audible to the occupant from inside the vehicle, as taught by Rosenberg, in order to convey the presentation audibly to the occupant while the vehicle is stationed at the specific area without requiring dedicated in-vehicle audio equipment, a predictable use of a known technique to achieve a predictable result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamamoto et al. (US Pub. No. 2023/0012315) A software update system according to one embodiment of the present disclosure is configured to update software used in a vehicle based on update data of the software, the update data being transmitted to the vehicle from an external device that is communicably connected to the vehicle. The software update system includes: a software update unit configured to update the software based on the update data; a vehicle data acquisition unit configured to acquire respective pieces of second vehicle data about states of the vehicle before and after the software update by the update unit; and an effect evaluation unit configured to evaluate an effect of the software update based on the respective pieces of second vehicle data before and after the software update. (see abstract).
Prakah-Asante et al. (US Pub. No. 2016/0121904) A system includes a processor configured to receive a vehicle location and to access driver-specific driving-mode-change data for the vehicle location. The processor is also configured to determine, based on the accessed data, if a vehicle driving-mode-change has previously occurred at the vehicle location and context a sufficient number of times to cross a predefined threshold and, if so, to automatically change a vehicle driving-mode to the driving-mode associated with the previous driving-mode-change. (see abstract). Francis (US Pub. No. 2024/0281243) The disclosure refers to a system for managing software updates for vehicles, comprising a server computing device configured to provide at least one software update from a software repository, and a plurality of vehicles, each of the vehicles having a vehicle computing device configured to receive and execute the at least one software update. (see abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANIBAL RIVERACRUZ whose telephone number is (571)270-1200. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung S Sough can be reached at 5712726799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANIBAL RIVERACRUZ/Primary Examiner, Art Unit 2192
Prosecution Insights