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 .
DETAILED ACTION
This office action is in response to the application filed on 10/15/2024. Claims 1-13 are pending in this application. Claims 1, 12 and 13 are independent claims.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2023202944, filed on November 30, 2023. Foreign priority information is presented in the application data sheet under 37 CFR 1.76.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 12 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong et al. (US 2023/0052548 A1).
Regarding claim 1, Jeong teaches: A controller, comprising: processing circuitry, wherein the processing circuitry is configured to control a display unit that displays information related to software updating, in which an updating process for software of an in-vehicle device set in a vehicle is executed in response to a predetermined operation performed to power off the in-vehicle device, (claim 17 "An update management apparatus for a vehicle, comprising: a processor configured to first determine whether an update of the vehicle controller is executable based on a state of a low-voltage battery at a predetermined interval during vehicle driving, and when the update of the vehicle controller is executable, to execute the update of the vehicle controller by requesting user approval after ignition-off of the vehicle; and an interface device configured to display an approval window for the user approval.") An interface device configured to display an [update] approval window corresponds to a display unit that displays information related to software updating. Requesting approval to update the vehicle controller software in response to turning the ignition of the vehicle off corresponds to an updating process that is executed in response to a predetermined operation performed to power off the in-vehicle device.
Jeong further teaches: and the processing circuitry is configured to display suspension information on the display unit indicating that the updating process is not being executed in a situation in which execution of the updating process is hampered when the predetermined operation is performed. (¶0060-0063 "The management controller 310 may receive a first determination result from the first cooperative controller, and when the update of the vehicle controller is executable, may request user approval during ignition-off of the vehicle, to execute the update of the vehicle controller.
After user approval for updating the vehicle controller is completed, the battery state manager 331 may secondly determine whether the update of the vehicle controller is executable based on a currently measured consumption current value.
The management controller 310 may update the vehicle controller when it is determined that the update of the vehicle controller is executable as a result of the second determination.
When it is determined that the update of the vehicle controller is not executable, the management controller 310 may notify a user that the update of the vehicle controller has failed without executing the update of the vehicle controller." ¶0084 “the interface device 130 may display an update execution process and an update start failure notification screen.”) Displaying through an interface device that the update of the vehicle controller has failed corresponds to displaying update suspension information (consistent with FIG. 5 and ¶0014 of the instant application). Determining when the ignition is turned off, if the update is executable based on the measured current consumption level corresponds to the execution of the updating process being hampered when the predetermined operation is performed.
Regarding claim 2, Jeong also teaches: wherein the predetermined operation is an operation for turning off power of the vehicle. (claim 17 "An update management apparatus for a vehicle, comprising: a processor configured to first determine whether an update of the vehicle controller is executable based on a state of a low-voltage battery at a predetermined interval during vehicle driving, and when the update of the vehicle controller is executable, to execute the update of the vehicle controller by requesting user approval after ignition-off of the vehicle; and an interface device configured to display an approval window for the user approval.") Ignition-off of the vehicle corresponds to turning off power of the vehicle.
Claim 12 is rejected for the same reasons as claim 1, as it merely recites the method steps corresponding to the device of claim 1.
Claim 13 is rejected for the same reasons as claim 1, as it merely recites the non-transitory computer program steps corresponding to the device of claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Hyeok Sang Jeong et al. (US 2023/0047340 A1) hereinafter HSJ.
Regarding claim 3, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein when the suspension information is displayed on the display unit and the situation hampering execution of the updating process is then resolved, the processing circuitry is configured to change the suspension information displayed on the display unit to guide information indicating that the updating process is executable.
However, HSJ teaches: wherein when the suspension information is displayed on the display unit and the situation hampering execution of the updating process is then resolved, the processing circuitry is configured to change the suspension information displayed on the display unit to guide information indicating that the updating process is executable. (¶0077-0080 “The first condition for the OTA update according to embodiments may indicate a condition that is necessary for the OTA update to be performed. The first condition may include at least one of the following conditions: the vehicle has the hood closed, the gear lever in the parking (P) position, the lamp turned off or the parking brake engaged.
For example, the apparatus may display one or more conditions included in the first condition on the display by using the second message when the first message is displayed and the user inputs the information approving the start of the OTA update. The user may control the vehicle state to satisfy one or more conditions included in the second message displayed on the display. For example, the user may recognize that the vehicle engine hood is opened by the second message displayed on the display.
That is, the apparatus may monitor whether the second condition is satisfied in a state where the second message is displayed on the display, and may display the vehicle state on the display.
The third message according to embodiments may be a message for indicating that the OTA update is in preparation. The third message may be generated when the first condition is satisfied in a state where the second message is displayed.”)
The second message corresponds with displaying the situation hampering the update process. The conditions are continuously checked therefore any missing condition must be resolved to proceed to the third message which shows the update process can begin. This corresponds to the situation hampering execution of the updating process is resolved leading to the display changing to show information indicating that the updating process is executable.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “when the suspension information is displayed on the display unit and the situation hampering execution of the updating process is then resolved, the processing circuitry is configured to change the suspension information displayed on the display unit to guide information indicating that the updating process is executable” by modifying Jeong’s failure/suspension notification to identify the unsatisfied conditions and update that notification when those conditions become satisfied taught by HSJ as this would yield the predictable result of allowing the user to take the necessary actions to perform the update without any interruption.
Regarding claim 10, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the suspension information includes information indicating a content of the situation hampering execution of the updating process.
However, HSJ teaches: wherein the suspension information includes information indicating a content of the situation hampering execution of the updating process. (¶0091 “before performing the OTA update of the vehicle, and may notify a checked result to the vehicle user. The user may take an appropriate action to control the vehicle state and/or battery state, based on the notified check result. In this manner, the apparatus according to embodiments may perform the OTA update safely and completely.”) Notifying the user of the vehicle conditions that must be met before performing the software update corresponds to the displayed information identifies the condition preventing execution of the update.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the suspension information includes information indicating a content of the situation hampering execution of the updating process.” By modifying the suspension information of Jeong with the message content of HSJ. Jeong’s update is suspended in response to the battery state of the vehicle and notifying the user of the current battery situation would predictably help the user to understand the reason for the update not running.
Regarding claim 11, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the suspension information includes information indicating how to resolve the situation hampering execution of the updating process.
However, HSJ teaches: wherein the suspension information includes information indicating how to resolve the situation hampering execution of the updating process. (¶0081 “That is, the third message may be generated when all items of the above first condition are satisfied by the user. The third message may further include information indicating that the first condition is satisfied. For example, the third message may include text information indicating, “Vehicle update is in preparation. The update may proceed only when the following states are maintained.—Ignition off (O),—Exterior lamp off (O),—Gear lever in P position (O),—Engine hood closed (O),—Parking brake engaged (O).” ¶0083 “The user may take the appropriate action to control the vehicle state and/or battery state, based on the notified check result.”) Displaying information on the vehicle states that must be maintained by the user to allow an update to continue corresponds to displaying information indicating how to resolve the situation hampering execution of the updating process.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the suspension information includes information indicating how to resolve the situation hampering execution of the updating process.” By modifying the suspension information of Jeong with the notification of HSJ, this would predictably allow the user to remedy the checks prohibiting the update process.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Dell et al. (US 2006/0155435 A1).
Regarding claim 4, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the situation hampering execution of the updating process is a situation in which the in-vehicle device cannot be powered off after the predetermined operation is performed.
However, Dell teaches: wherein the situation hampering execution of the updating process is a situation in which the in-vehicle device cannot be powered off after the predetermined operation is performed. (¶0105 "When the vehicle has come to a standstill, the gearbox units are in neutral and both clutches are engaged (see vehicle status “ignition off, engine off and vehicle at rest”). Without having to activate the parking mechanism, the gearbox control system could shut down in this state and no longer perform any actions. However, since the parking mechanism is activated by the gearbox control system, the control device must continue to remain turned on until the parking mechanism has in fact been engaged. Therefore, the control device cannot be shut off in the selector lever positions D, R and N, as the driver could still possibly request the selector lever position P at any time.") The ignition-off status corresponds to the predetermined operation having been performed. The gearbox control device corresponds to the in-vehicle device. The control device, needing to remain turned on until the parking mechanism is engaged, corresponds to a situation in which the in-vehicle device cannot be powered off after the predetermined operation is performed.
Jeong states that the updates may be approved only in specific situations based on “vehicle condition” or “use condition” (¶0142). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the situation hampering execution of the updating process is a situation in which the in-vehicle device cannot be powered off after the predetermined operation is performed.” By modifying Jeong’s conditions for determining whether an update may proceed after ignition-off, to consider whether the in-vehicle device is currently able to be powered-down, as taught by Dell. Considering this condition before permitting Jeong’s update to proceed would predictably avoid initiating the software update while the controller is required to perform its vehicle control function.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Uehara et al. (US 2021/0155207 A1).
Regarding claim 5, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the situation hampering execution of the updating process is a situation in which the vehicle is stopped on a hill satisfying a specified condition.
However, Uehara teaches: wherein the situation hampering execution of the updating process is a situation in which the vehicle is stopped on a hill satisfying a specified condition. (¶0046-0047, 0049 "the prohibition condition is satisfied when the slope of a road detected by the slope sensor 130 is at a predetermined angle or smaller. The predetermined angle is ±5% to ±15%, for example.
When the prohibition condition determination unit 172 determines that the prohibition condition is satisfied, the parking brake controller 171 does not execute the automatic application control.
In step S1000 in FIG. 6, the prohibition condition determination unit 172 determines whether or not the vehicle 10 is stopped.") Determining that the vehicle is stopped and that the slope of the road exceeds a predetermined angle corresponds to the vehicle being stopped on a hill satisfying a specified condition.
Jeong teaches that an update may be prevented from starting when excessive current consumption results from operation of a specific electric load due to a specific vehicle condition. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the situation hampering execution of the updating process is a situation in which the vehicle is stopped on a hill satisfying a specified condition.” By modifying the update suspension condition of Jeong to take into consideration the slope-dependent vehicle condition taught by Uehara, this would predictably prevent the update from being initiated while an electrical vehicle function such as Uehara’s automatic parking brake controller is still requiring power.
Regarding claim 6, Uehara further teaches: wherein the in-vehicle device is a brake electronic control unit configured to execute a process related to a brake operation after the predetermined operation is performed when the vehicle is stopped on a hill satisfying the specified condition. (Claims 1 & 5 "1. A parking brake control apparatus for a vehicle, the parking brake control apparatus controlling a parking brake of the vehicle, the parking brake control apparatus comprising: … a vehicle power source switching operation unit provided in a position at which the occupant can operate the vehicle power source switching operation unit, the vehicle power source switching operation unit switching a power source of the vehicle between ON and OFF … executing automatic application control in which the parking brake is automatically turned on when the power source of the vehicle is operated from ON to OFF …
5. The parking brake control apparatus for a vehicle according to claim 1, further comprising a slope sensor detecting a slope of a road on which the vehicle is positioned, wherein the prohibition condition determination unit further determines that the prohibition condition is satisfied when the slope of the road is at a predetermined angle or smaller.") The parking brake control apparatus corresponds to the in-vehicle device being a brake electronic control unit. Turning on the parking brake when the vehicle power source is turned off corresponds to executing a process related to brake operation after the predetermined operation is performed. The prohibition condition being the slope of the road being at or above a predetermined angle corresponds to executing a process related to brake operation when the vehicle is stopped on a hill satisfying a specified condition.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the in-vehicle device is a brake electronic control unit configured to execute a process related to a brake operation after the predetermined operation is performed when the vehicle is stopped on a hill satisfying the specified condition.” By combining the teaching of Jeong with the in-vehicle device being an electronic braking apparatus of Uehara. Considering operation of the brake apparatus when determining whether Jeong’s update may proceed would predictably avoid initiating the update while the apparatus is still required to perform the post-power-off braking operation.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Tesla (Tesla Model X Owner's Manual Software version: 2022.24.5).
Regarding claim 7, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the situation hampering execution of the updating process is a situation in which an emergency notification system of the vehicle is activated.
However, Tesla teaches: wherein the situation hampering execution of the updating process is a situation in which an emergency notification system of the vehicle is activated. (§ Dashcam and Sentry Mode "Standby. Model X is automatically “on standby” when you activate Sentry Mode. The cameras constantly monitor the surrounding area for possible security threats. ... For major threats, Sentry Mode sends an alert to the mobile app on phones that are paired to Model X to inform you that the alarm state is triggered. ... NOTE: Software updates cannot be installed when Sentry Mode is turned on") For purposes of examination, “emergency notification system” is interpreted under its broadest reasonable interpretation consistent with the specification as a vehicle system that, when activated, monitors for an abnormal or security-related event and provides a notification outside the vehicle upon detection of such an event. Thus, activating a vehicle mode that monitors the area for possible security threats and transmitting an alert to a user’s mobile app corresponds to the emergency notification system of the vehicle being activated.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the situation hampering execution of the updating process is a situation in which an emergency notification system of the vehicle is activated.” By including the activation of a security-notification system among Jeong’s update-prohibiting vehicle conditions as taught by Tesla. Tesla expressly teaches that vehicle software updates cannot be installed while Sentry Mode is active, this method would predictably preserve the availability of the security functions during the period of time in which the update would otherwise be installed.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Luo et al. (US 2021/0181923 A1).
Regarding claim 8, Jeong teaches the limitations of claim 1.
Jeong fails to disclose: wherein the display unit is configured to be switchable between a first state in which display of information is enabled after the predetermined operation is performed and a second state in which display of information is disabled after the predetermined operation is performed, and the situation hampering execution of the updating process is a situation in which the display unit is set to the second state.
However, Luo teaches: wherein the display unit is configured to be switchable between a first state in which display of information is enabled after the predetermined operation is performed and a second state in which display of information is disabled after the predetermined operation is performed, (¶0076 "when an always on display function is disabled, the processor 201 may turn off a screen in response to an input of locking the screen by a user if the input of locking the screen by the user is detected. When the always on display function is enabled, if the input of locking the screen by the user is detected, in response to the input of locking the screen by the user, the processor 201 displays, in a specific area, preset information such as a clock, a date, and a notification, and turns off a screen in another area other than the specific area. It should be noted that, in this embodiment of this application, the input of locking the screen by the user may be pressing a physical key (for example, a power key)") The always-on mode displaying a notification on a screen even after pressing a power key corresponds to first state in which display of information is enabled after the predetermined operation is performed. Disabling the always-on mode and pressing the power key causing the screen to be turned off corresponds to a second state in which display of information is disabled after the predetermined operation is performed.
Luo further teaches: and the situation hampering execution of the updating process is a situation in which the display unit is set to the second state. (¶0114 "a specific range of the remaining power within which the mobile phone 200 disables the always on display, may be correspondingly adjusted based on a requirement of the user. This is not limited herein.") The remaining power in the battery below a certain amount disabling the always-on mode corresponds to the display unit being set to the second state due to the situation that is also hampering the update.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the display unit is configured to be switchable between a first state in which display of information is enabled after the predetermined operation is performed and a second state in which display of information is disabled after the predetermined operation is performed, and the situation hampering execution of the updating process is a situation in which the display unit is set to the second state.” By modifying Jeong’s post-ignition-off update display using Luo’s always-on display technique so that update information remained available following ignition-off when sufficient battery capacity was available, while disabling the post-power-off display under the same low-battery condition in which Jeong inhibits execution of the update, thereby conserving the limited battery capacity that Jeong identifies as necessary for safely completing the update.
Regarding claim 9, Luo further teaches: wherein the display unit is configured to be switched between the first state and the second state by a user of the vehicle. (¶0018 “The configuration information is obtained by the electronic device from an always on display settings interface. The always on display settings interface includes an always on display option, a first mode option, a second mode option, an intelligent mode option, a first virtual button, a second virtual button, a third virtual button, and a fourth virtual button. The first virtual button is used to enable or disable the always on display function.”) The phones settings allowing the user to choose to enable or disable the always-on display corresponds to the user being able to switch between the first and second state.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add “wherein the display unit is configured to be switched between the first state and the second state by a user of the vehicle.” By modifying Jeong’s vehicle display with Luo’s selectable control so that the occupant could choose whether information remains visible following ignition-off, predictably allowing the occupant to balance continued access to update information against display power consumption.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUKE THOMSON whose telephone number is (571)272-0511. The examiner can normally be reached Monday Friday, 8 a.m. 5 p.m. ET..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chat Do can be reached at (571) 272-3721. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUKE THOMSON/Examiner, Art Unit 2193
/Chat C Do/Supervisory Patent Examiner, Art Unit 2193
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