DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,190,096. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious and parallel in nature.
Current claims 18/913,309
Patented claims 12,190,096
1. A program management device, comprising: a communication unit including a transceiver and a receiver, and configured to communicate with an external device that is present outside a vehicle; a control unit including a first processor and configured to execute a vehicle control program for controlling the vehicle; a memory including: a first program storage area where the vehicle control program is stored; a second program storage area where the vehicle control program is stored; and a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle; and a program update unit including a second processor and configured to execute first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the second processor of the program update unit determines whether there is a plurality of programs received by the communication unit, when there is the plurality of programs received, determines whether the plurality of programs received include at least one of the irrespective program, when the plurality of programs received include at least one of the irrespective program, shifts to a waiting state to wait executing the first processing and the second processing, waits until the user of the vehicle performs an operation to put the vehicle in an ignition-off state, sets an ignition-on restriction to prevent the vehicle from being in the ignition-on state when an operation to put the vehicle in an ignition-on state is performed, and executes the second processing, and after an execution of the second processing is completed, cancels the ignition-on restriction, waits until the vehicle shifts to the ignition-on state, and executes the first processing when the vehicle shifts to the ignition-on state.
1. A program management device, comprising: a communication unit configured to communicate with an external device that is present outside a vehicle; a control unit configured to execute a vehicle control program for performing a control relating to travel of the vehicle; a first program storage area where the vehicle control program is stored; a second program storage area where the vehicle control program is stored; a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle; and a program update unit configured to execute first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the first program storage area includes a first program backup storage area, and the second program storage area includes a second program backup storage area, and wherein when a storage capacity of the first program storage area or the second program storage area is insufficient in the first processing, the program update unit stores at least part of the vehicle control update program in the first program backup storage area or the second program backup storage area.
12. A program management method using a program management device including a communication unit that includes a transceiver and a receiver and communicates with an external device present outside a vehicle and a memory, the method comprising: providing the memory with a first program storage area where a vehicle control program for controlling the vehicle is stored, a second program storage area where the vehicle control program is stored, and a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle; and executing first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the method determines whether there is a plurality of programs received by the communication unit, when there is the plurality of programs received, determines whether the plurality of programs received include at least one of the irrespective program, when the plurality of programs received include at least one of the irrespective program, shifts to a waiting state to wait executing the first processing and the second processing, waits until the user of the vehicle performs an operation to put the vehicle in an ignition-off state, sets an ignition-on restriction to prevent the vehicle from being in the ignition-on state when an operation to put the vehicle in an ignition-on state is performed, and executes the second processing, and after an execution of the second processing is completed, cancels the ignition-on restriction, waits until the vehicle shifts to the ignition-on state, and executes the first processing when the vehicle shifts to the ignition-on state.
12. A program management method using a program management device including a communication unit that communicates with an external device present outside a vehicle and a storage unit, the method comprising: providing the storage unit with a first program storage area where a vehicle control program for performing a control relating to travel of the vehicle is stored, a second program storage area where the vehicle control program is stored, and a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle; and executing first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the first program storage area includes a first program backup storage area, and the second program storage area includes a second program backup storage area, and wherein when a storage capacity of the first program storage area or the second program storage area is insufficient in the first processing, the program management method further includes executing storing of at least part of the vehicle control update program in the first program backup storage area or the second program backup storage area.
13. A non-transitory computer-readable recording medium storing a program executed by a computer that controls a program management device, the program management device including a communication unit that includes a transceiver and a receiver and communicates with an external device present outside a vehicle and a memory, wherein the memory includes a first program storage area where a vehicle control program for controlling the vehicle is stored, a second program storage area where the vehicle control program is stored, and a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle, and the program causes the computer to execute: first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the program determines whether there is a plurality of programs received by the communication unit, when there is the plurality of programs received, determines whether the plurality of programs received include at least one of the irrespective program, when the plurality of programs received include at least one of the irrespective program, shifts to a waiting state to wait executing the first processing and the second processing, waits until the user of the vehicle performs an operation to put the vehicle in an ignition-off state, sets an ignition-on restriction to prevent the vehicle from being in the ignition-on state when an operation to put the vehicle in an ignition-on state is performed, and executes the second processing, and after an execution of the second processing is completed, cancels the ignition-on restriction, waits until the vehicle shifts to the ignition-on state, and executes the first processing when the vehicle shifts to the ignition-on state.
13. A non-transitory computer-readable recording medium storing a program executed by a computer that controls a program management device, the program management device including a communication unit that communicates with an external device present outside a vehicle and a storage unit, Wherein the storage unit includes a first program storage area where a vehicle control program for performing a control relating to travel of the vehicle is stored, a second program storage area where the vehicle control program is stored, and a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle, and the program causes the computer to execute: first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program, and second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the first program storage area includes a first program backup storage area, and the second program storage area includes a second program backup storage area, and wherein when a storage capacity of the first program storage area or the second program storage area is insufficient in the first processing, the program causes the computer to execute storing of at least part of the vehicle control update program in the first program backup storage area or the second program backup storage area.
Dependent claims 2-11 are obvious and parallel in nature to patented dependent claims 2-11.
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.
Claim(s) 1-2, 4, 6, 10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakahara et al USPN 10,871,959 in view of Aiba et al USPN 11,157,262.
Regarding claims 1 and 12-13
Nakahara et al teaches
a communication unit including a transceiver and a receiver, and configured to communicate with an external device that is present outside a vehicle (column 3, line 37, the gateway 12 has an operation unit 121, a flash ROM (Read Only Memory) 122, a static random access memory (SRAM) 123, and a communication device 124 including a CAN transceiver and a wireless communication module. The operation unit 121 executes a program stored in the flash ROM 122 and communicates with the vehicle control device 11 and the server 2 on the in-vehicle network 13. Further, at the time of updating the control program of the vehicle control device 11, the gateway 12 receives the update package 5 from the server 2, temporarily stores the update package 5 in the flash ROM 122, and updates the control program of the vehicle control device 11 using the temporarily stored update package 5);
a control unit including a first processor and configured to execute a vehicle control program for controlling the vehicle (column 1, line 60, like the automobile control unit described above, in a configuration in which the control program of the newer version of the two control programs of the different versions stored in the storage areas is executed as the current control program, it is necessary to determine which storage area the current control program is stored in. This is also applicable when the control program is updated. Therefore, information used for determining which storage area the current control program is stored in is important);
a memory including a first program storage area where the vehicle control program is stored (column 2, line 9, a vehicle control device according to an embodiment of the present invention has a rewritable nonvolatile memory and an operation unit. The nonvolatile memory has a first storage area and a second storage area which store a control program executable by the operation unit and a plurality of management data storage areas which store management data including current program area information representing whether a storage area storing a current control program to be executed by the operation unit is the first storage area or the second storage area);
a second program storage area where the vehicle control program is stored (column 4, line 4, the flash ROM 112 is a rewritable nonvolatile memory and stores a start program 1121, a rewrite program 1122, a majority decision program 1126, and a validity determination program 1127. Further, the flash ROM 112 has a first area 1124 as a first storage area, a second area 1125 as a second storage area, and a plurality of management data areas 1123a, 1123b, and 1123c as a plurality of management data storage areas);
a third program storage area where an irrespective program is stored to perform control that is irrespective of driving of the vehicle (column 6, line 8, FIG. 2 is a block diagram showing an internal configuration of the program updating device 2, and FIG. 3 is a functional block diagram of the program updating device 2. The program updating device 2 is provided with a control unit 20, a storage unit 21, a temporary storage unit 22, a first communication unit 23, and a second communication unit 24. A computation processing device such as a CPU (Central Processing Unit) or an MPU (Micro Processing Unit) is used for the control unit 20. The control unit 20 functions as a determination unit 201, a state control unit 202, and an update processing unit 203 by reading out and executing an update processing program 2P stored in the storage unit 21. The functions will be described in detail later);
a program update unit including a second processor and configured to execute first processing of storing in at least one of the first program storage area and the second program storage area a vehicle control update program received by the communication unit, the vehicle control update program being used to update the vehicle control program (column 3, line 5, FIG. 1 is a configuration diagram of the program update system according to the embodiment of the present invention. The program update system includes a vehicle 1, a server 2, an Internet line 3, and a wireless base station 4. The vehicle 1 is connected to the server 2 by wireless communication via the Internet line 3 and the wireless base station 4 and they communicate with each other. The wireless communication is realized by using a mobile phone network using a public line such as 3G/LTE or a line such as WiFi, for example. The server distributes an update package 5 necessary for updating a control program of a vehicle control device 11 of the vehicle 1 to the vehicle 1. The vehicle control device 11 of the vehicle 1 updates the control program using the update package 5);
second processing of storing in the third program storage area a non-control update program received by the communication unit, the non-control update program being used to update the irrespective program, wherein the second processor of the program update unit determines whether there is a plurality of programs received by the communication unit (column 6, line 8, FIG. 2 is a block diagram showing an internal configuration of the program updating device 2, and FIG. 3 is a functional block diagram of the program updating device 2. The program updating device 2 is provided with a control unit 20, a storage unit 21, a temporary storage unit 22, a first communication unit 23, and a second communication unit 24. A computation processing device such as a CPU (Central Processing Unit) or an MPU (Micro Processing Unit) is used for the control unit 20. The control unit 20 functions as a determination unit 201, a state control unit 202, and an update processing unit 203 by reading out and executing an update processing program 2P stored in the storage unit 21. The functions will be described in detail later);
when there is the plurality of programs received, determines whether the plurality of programs received include at least one of the irrespective program (column 6, line 50, The gateway 12 compares the part number of the current control program and the current program area information included in the received information response message M802 with the part number of the current control program and the current program area information held by the gateway 12 and determines the update start of the control program (reprogramming start determination processing S802). The reprogramming start determination processing S802 will be described later. When a comparison result is matching, the gateway 12 transmits a mode transition request message Mmode to the vehicle control device 11 and causes the vehicle control device 11 to transit from a normal mode to a reprogramming mode. When the mode transits to the reprogramming mode, the operation unit 111 of the vehicle control device 11 executes the rewrite program 1122. Thereby, the vehicle control device 11 and the gateway 12 start program update processing. When the comparison result is mismatching, the program update processing does not start);
when the plurality of programs received include at least one of the irrespective program, shifts to a waiting state to wait executing the first processing and the second processing, waits until the user of the vehicle performs an operation to put the vehicle in an ignition-off state, sets an ignition-on restriction to prevent the vehicle from being in the ignition-on state when an operation to put the vehicle in an ignition-on state is performed, and executes the second processing (column 5, line 5, when the control program of the vehicle control device 11 is corrected, the update package 5 is registered in the server 2 as preparation for updating the control program. In addition, at timing when the ignition of the vehicle 1 starts, the gateway 12 transmits a part number request message M601 for requesting a part number of the current control program to the vehicle control device 11. When the vehicle control device 11 receives the part number request message M601, the vehicle control device 11 transmits a response message M602 including the part number of the current control program and the current program area information. The part number is a number (identification number) for identifying the control program and is uniquely assigned to each control program of each version, and the current control program, the new control program for update, and the old version control program have different part numbers, respectively) and (column 10, line 54, the gateway 12 determines whether or not the vehicle is stopping (S8051). When the vehicle is stopping, the gateway 12 transmits the current program area switching request message M807 to the vehicle control device 11 (S8052). On the other hand, when the vehicle is not stopping, the current program area switching request message is not transmitted. When the vehicle is not stopping, a driver may be urged to stop the vehicle by screen display or voice guidance through the HMI 14. In this way, it is possible to prevent switching of the control program during traveling and it is possible to avoid an abnormal operation of the vehicle due to switching of the control program during traveling). Nakahara et al teaches vehicle control update program and ignition on state but doesn’t teach explicitly after an execution of the second processing is completed, cancels the ignition-on restriction, waits until the vehicle shifts to the ignition-on state, and executes the first processing when the vehicle shifts to the ignition-on state, however Aiba et al teaches (column 6, line 52, the control unit 20 uses the function of the state control unit 202 to transmit an instruction to cancel holding of the ignition-on state and start the drive engine or the drive motor in accordance with the state of the IG switch 7 (non-update (normal) mode) from the first communication unit 23 to the power supply control ECU 1a (step S118). Also, the control unit 20 uses the function of the state control unit 202 to cancel the driving-prohibition state and transmit an instruction to the driving control ECU 1b to allow driving in accordance with the state of the IG switch 7 (non-updating (normal) mode) from the first communication unit 23 (step S119). In this manner, the drive engine or the drive motor of the vehicle V is controlled by the power supply control ECU 1a in accordance with the state of the IG switch 7. Since the IG switch 7 is assumed to be held in the off-state in step S105 and not have been operated from then, the drive engine or the drive motor stops and the vehicle shifts to the ignition-off state, and the processing ends). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate cancel ignition. The modification would have been obvious because one of ordinary skill in the art would have been motivated to combine teaching vehicle control program with ignition start-stop feature can improve reliability, comfort, and control, especially in high-load or cold-weather driving and allows software update dynamically when needed.
Regarding claim 2
Nakahara et al teaches
the first program storage area includes a first program backup storage area, and the second program storage area includes a second program backup storage area (column 3, line 37, the gateway 12 has an operation unit 121, a flash ROM (Read Only Memory) 122, a static random access memory (SRAM) 123, and a communication device 124 including a CAN transceiver and a wireless communication module. The operation unit 121 executes a program stored in the flash ROM 122 and communicates with the vehicle control device 11 and the server 2 on the in-vehicle network 13. Further, at the time of updating the control program of the vehicle control device 11, the gateway 12 receives the update package 5 from the server 2, temporarily stores the update package 5 in the flash ROM 122, and updates the control program of the vehicle control device 11 using the temporarily stored update package 5). The feature of providing backup storage… would be obvious for the reasons set forth in the rejection of claim 1.
Regarding claim 4
Nakahara et al teaches
wherein the third program storage area includes a third program backup storage area (column 3, line 37, the gateway 12 has an operation unit 121, a flash ROM (Read Only Memory) 122, a static random access memory (SRAM) 123, and a communication device 124 including a CAN transceiver and a wireless communication module. The operation unit 121 executes a program stored in the flash ROM 122 and communicates with the vehicle control device 11 and the server 2 on the in-vehicle network 13. Further, at the time of updating the control program of the vehicle control device 11, the gateway 12 receives the update package 5 from the server 2, temporarily stores the update package 5 in the flash ROM 122, and updates the control program of the vehicle control device 11 using the temporarily stored update package 5). The feature of providing backup storage… would be obvious for the reasons set forth in the rejection of claim 1.
Regarding claim 6
Nakahara et al teaches
when the second processor of the program update unit sets the ignition-on restriction, the first processor of the control unit notifies the user that there is a period where switching to the ignition-on state is not allowed (column 7, line 39, When the validity of the data is confirmed, the gateway 12 determines whether or not switching from one area of the first area 1124 and the second area 1125 as the area where the current control program is stored to the other area is enabled (current program area switching determination processing S805). The current program area switching determination processing S805 will be described later. When it is determined that the switching is enabled, a current program area switching request message M807 is transmitted to the vehicle control device 11. When the vehicle control device 11 receives the current program area switching request message M807, the vehicle control device performs switching of the area where the current control program is stored (current program area switching processing S806). The current program area switching processing S806 will be described later). The feature of providing switch… would be obvious for the reasons set forth in the rejection of claim 1.
Regarding claim 10
Nakahara et al teaches
the program update unit stores the non-control update program received from the communication unit based on the operation of the first user and the non-control update program received from the communication unit based on the operation of the second user in different storage areas in the third program storage area (column 3, line 37, The gateway 12 has an operation unit 121, a flash ROM (Read Only Memory) 122, a static random access memory (SRAM) 123, and a communication device 124 including a CAN transceiver and a wireless communication module. The operation unit 121 executes a program stored in the flash ROM 122 and communicates with the vehicle control device 11 and the server 2 on the in-vehicle network 13. Further, at the time of updating the control program of the vehicle control device 11, the gateway 12 receives the update package 5 from the server 2, temporarily stores the update package 5 in the flash ROM 122, and updates the control program of the vehicle control device 11 using the temporarily stored update package 5). The feature of providing communication… would be obvious for the reasons set forth in the rejection of claim 1.
Allowable Subject Matter
Claims 3, 5, 7-9 and 11 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Relevant Prior Art
US 11755314 B2 Brugman et al teaches an example operation may include one or more of receiving a software update at a transport, performing a first validation of the software update in a first environment, wherein the first environment includes a least amount of potential interactions, and performing a further validation of the software update when the first validation is successful, in a further environment, wherein the further environment includes an amount of potential interactions greater than the first environment.
US 12086584 B2 Yang et al teaches embodiments of the present disclosure relate to an apparatus for operating an over-the-air (OTA) update for a vehicle including a generation device generating starting control information of the vehicle based on information about an OTA update of the vehicle and a transmission device transmitting the generated starting control information.
US 8036647 B2 Matsumura et al teaches a vehicle information communication system includes a management server 2 whereby an information terminal 4 connected to a network 1 and an on-vehicle device of the vehicle 5 are in communication with each other; wherein the management server 2 includes a contractor confirming part 12 configured to send contractor information of the vehicle information communication system to the vehicle 5.
Plappert et al teaches secure and Lightweight Over-the-Air Software Update Distribution for Connected Vehicles.
Fu et al teaches runtime Software Selection for Adaptive Automotive Systems.
Examiner’s Interview
On 8/27/2026, Examiner Khatri conducted a telephone interview with applicants’ representative, Samir Khoury and discussed the key features of the invention and parent application. No agreement was reached, and examiner wish to express his appreciation to the applicant’s representative for his time and meaningful discussion during the interview.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anil Khatri whose telephone number is (571)272-3725. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wei Zhen can be reached at 571-272-3708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANIL KHATRI/ Primary Examiner, Art Unit 2191
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