DETAILED ACTION
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.
This Office action is in response to the Preliminary Amendment dated 12/4/2024.
Claim 20 is cancelled.
Claim 21 is amended.
Claims 1-19 and 21 are pending.
Claims 1-19 and 21 are rejected.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Republic of Korea on 3/12/2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/4/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Rejections - 35 USC § 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 1-14 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 pre-AIA the applicant regards as the invention. Independent claim 1 recites “An electronic system mounted on a vehicle, comprising: a first user device comprising a first electronic control unit (ECU) and a first internal storage device; an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device; and an integrated controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first ECU; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first ECU, wherein the first ECU is configured to, based on the first ECU receiving the first control signal, store a first piece of first data in the first internal storage device and store, through the first device function, a second piece of the first data in the non-volatile memory device” (independent claim 1, lines 1-13).
The Examiner is uncertain whether “[a]n electronic system” comprises each subsequent recited limitation or if “a vehicle” comprises each subsequent recited limitation. In addition, the Examiner if the recitation of “…an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device…” means any of the following possible interpretations:
“an external storage device” “comprises a first function” “exclusively allocated to the first ECU”;
“an external storage device” that is “exclusively allocated to the first ECU,” “comprises a first function”;
“a first function, exclusively allocated to the first ECU” is part of “an external storage device” that is “exclusively allocated to the first ECU”; or
some other possible, unconsidered interpretation.
For the sake of examination, the Examiner has interpreted “An electronic system mounted on a vehicle, comprising: a first user device comprising a first electronic control unit (ECU) and a first internal storage device; an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device; and an integrated controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first ECU; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first ECU, wherein the first ECU is configured to, based on the first ECU receiving the first control signal, store a first piece of first data in the first internal storage device and store, through the first device function, a second piece of the first data in the non-volatile memory device” to read “An electronic system mounted on a vehicle, the electronic device comprising: a first user device comprising a first electronic control unit (ECU) and a first internal storage device; an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device; and an integrated controller configured to: select a hybrid mode between an internal mode and the hybrid mode as a storage mode of the first ECU; activate the first device function that is exclusively allocated to the first ECU based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first ECU, wherein the first ECU is configured to, based on the first ECU receiving the first control signal, store a first piece of first data in the first internal storage device and store, by using the first device function exclusively allocated to the first ECU, a second piece of the first data in the non-volatile memory device.”
Dependent claims 2-14, which ultimately depend from independent claim 1, are rejected for carrying the same deficiencies.
Claims 15-19 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 pre-AIA the applicant regards as the invention. Independent claim 15 recites “A method of operating an electronic system that is mounted on a vehicle and includes an integrated controller, a first user device, and an external storage device, the method comprising: selecting, by the integrated controller, a hybrid mode among an internal mode and the hybrid mode as a storage mode of a first electronic control unit (ECU) of the first user device; activating, by the integrated controller, a first device function of the external storage device based on the integrated controller selecting the hybrid mode; activating, by the first device function that is activated, a data path between the first ECU and a non-volatile memory device of the external storage device; providing a first control signal indicating the hybrid mode to the first ECU based on the integrated controller selecting the hybrid mode; storing, by the first ECU and based on the first ECU receiving the first control signal, a first piece of first data in a first internal storage device of the first user device; and storing, by the first ECU, and based on the first ECU receiving the first control signal, a second piece of the first data in the non-volatile memory device through the first device function” (independent claim 15, lines 1-15).
The Examiner is uncertain if “[a] method” recited by independent claim 15 comprises “operating an electronic system that is mounted on a vehicle” such that “a vehicle” or “an electronic system” includes “an integrated controller, a first user device, and an external storage device.” The Examiner is also uncertain whether the recitation of “…activating, by the first device function that is activated, a data path between the first ECU and a non-volatile memory device of the external storage device…” means any of the following possible interpretations:
“the first device function,” which has already been activated, performs the step of “activating” “a data path between the first ECU and a non-volatile memory device of the external storage device”;
“the first device function that is activated” performs the step of “activating” “a data path between the first ECU and a non-volatile memory device of the external storage device”; or
some other possible, unconsidered interpretation.
For the sake of examination, the Examiner has interpreted “A method of operating an electronic system that is mounted on a vehicle and includes an integrated controller, a first user device, and an external storage device, the method comprising: selecting, by the integrated controller, a hybrid mode among an internal mode and the hybrid mode as a storage mode of a first electronic control unit (ECU) of the first user device; activating, by the integrated controller, a first device function of the external storage device based on the integrated controller selecting the hybrid mode; activating, by the first device function that is activated, a data path between the first ECU and a non-volatile memory device of the external storage device; providing a first control signal indicating the hybrid mode to the first ECU based on the integrated controller selecting the hybrid mode; storing, by the first ECU and based on the first ECU receiving the first control signal, a first piece of first data in a first internal storage device of the first user device; and storing, by the first ECU, and based on the first ECU receiving the first control signal, a second piece of the first data in the non-volatile memory device through the first device function” to read “A method of operating an electronic system that is mounted on a vehicle, wherein the electronic system includes an integrated controller, a first user device, and an external storage device, the method of operating the electronic system that is mounted on the vehicle comprising: selecting, by the integrated controller, a hybrid mode between an internal mode and the hybrid mode as a storage mode of a first electronic control unit (ECU) of the first user device; activating, by the integrated controller, a first device function of the external storage device based on the integrated controller selecting the hybrid mode; activating, by the activated first device function, a data path between the first ECU and a non-volatile memory device of the external storage device; providing a first control signal indicating the hybrid mode to the first ECU based on the integrated controller selecting the hybrid mode; storing, by the first ECU and based on the first ECU receiving the first control signal, a first piece of first data in a first internal storage device of the first user device; and storing, by the first ECU, and based on the first ECU receiving the first control signal, a second piece of the first data in the non-volatile memory device of the external storage device by using the activated first device function.”
Dependent claims 16-19, which ultimately depend from independent claim 15, are rejected for carrying the same deficiencies.
Claim 21 is 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 pre-AIA the applicant regards as the invention. Independent claim 21 recites “An electronic system comprising: a first user device; an external storage device comprising a first device function configured to be exclusively allocated to the first user device; and a controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first user device; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first user device, wherein the first user device is configured to, based on the first user device receiving the first control signal, store a first piece of first data in the first user device and store, through the first device function, a second piece of the first data in the external storage device” (independent claim 21, lines 1-12).
The Examiner is uncertain if the recitation of “…an external storage device comprising a first device function configured to be exclusively allocated to the first user device…” means any of the following possible interpretations:
“an external storage device” comprises “a first function” that is “exclusively allocated to the first ECU”;
“an external storage device” that is “exclusively allocated to the first user device” comprises “a first function”;
“a first function” is part of “an external storage device” that is “configured to be exclusively allocated to the first user device”; or
some other possible, unconsidered interpretation.
For the sake of examination, the Examiner has interpreted “An electronic system comprising: a first user device; an external storage device comprising a first device function configured to be exclusively allocated to the first user device; and a controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first user device; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first user device, wherein the first user device is configured to, based on the first user device receiving the first control signal, store a first piece of first data in the first user device and store, through the first device function, a second piece of the first data in the external storage device” to read “An electronic system comprising: a first user device; an external storage device comprising a first device function that is configured to be exclusively allocated to the first user device; and a controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first user device; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first user device, wherein the first user device is configured to, based on the first user device receiving the first control signal, store a first piece of first data in the first user device and store, using the first device function, a second piece of the first data in the external storage device.”
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 21 are rejected under 35 U.S.C. 103 as being unpatentable over non-patent literature “You Can Now Directly Read Data Logs From Tesla Vehicles” (“DaSilva”) in view of non-patent literature “How much digital internal storage do Teslas have?” (“Reddit”).
As per claim 1, DaSilva substantially teaches an electronic system mounted on a vehicle (DaSilva, page 1), comprising:
a first user device comprising a first electronic control unit (ECU) and a first internal storage device: (DaSilva, pages 1, paragraph beginning with “Tesla vehicles record a truly incredible amount…”, to page 2, paragraph beginning with “For investigators…”, where a Tesla vehicle runs a Debian-based operating system and stores data internally on internal memory (i.e., a first internal storage device) that requires partial disassembly of the Tesla vehicle to access. The Examiner notes that running a Debian-based operating system means that a Tesla vehicle must include a processor (i.e., a first ECU) to run the Debian-based operating system and to write data to internal storage. DaSilva therefore substantially teaches a first user device comprising a first electronic control unit (ECU) and a first internal storage device).
DaSilva does not appear to explicitly teach the other limitations of this claim beyond those taught above; however, in an analogous art, Reddit teaches Tesla motors.
As per claim 1, Reddit particularly teaches:
an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device; and an integrated controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first ECU; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first ECU, wherein the first ECU is configured to, based on the first ECU receiving the first control signal, store a first piece of first data in the first internal storage device and store, through the first device function, a second piece of the first data in the non-volatile memory device: (Reddit, page 4, where a Tesla vehicle uses a USB flash drive (i.e., external storage) to store sentry mode and dashcam clips. The Examiner notes that the ability to store Sentry Mode clips in the USB flash drive is a first device function that is used by a controller (i.e., an integrated controller) within a Tesla vehicle. In addition to storing dashcam and Sentry Mode clips, the USB flash storage can be used by the controller within the Tesla vehicle to store computer media (e.g., games and music). The controller within the Tesla vehicle may thus use a hybrid mode in which data may be written either to the USB flash drive or the internal storage (e.g., when upgrading software). Reddit therefore particularly teaches an external storage device comprising a first device function, exclusively allocated to the first ECU, and a non-volatile memory device; and an integrated controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first ECU; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first ECU, wherein the first ECU is configured to, based on the first ECU receiving the first control signal, store a first piece of first data in the first internal storage device and store, through the first device function, a second piece of the first data in the non-volatile memory device).
It would have been obvious to a person having ordinary skill in the art, having the teachings of Reddit and DaSilva before them before the instant application was effectively filed, to modify the system of DaSilva to include the principles of Reddit of utilizing external storage in a Tesla vehicle.
The modification would have been obvious because a person having ordinary skill in the art would be motivated to increase system flexibility, performance, and reliability by enabling data to be stored to non-volatile flash memory.
As per claim 21, an electronic system comprising:
a first user device: (DaSilva, pages 1, paragraph beginning with “Tesla vehicles record a truly incredible amount…”, to page 2, paragraph beginning with “For investigators…”, where a Tesla vehicle runs a Debian-based operating system and stores data internally on internal memory (i.e., a first internal storage device) that requires partial disassembly of the Tesla vehicle to access. The Examiner notes that running a Debian-based operating system means that a Tesla vehicle must include a processor (i.e., a first ECU) to run the Debian-based operating system and to write data to internal storage. DaSilva therefore substantially teaches a first user device).
DaSilva does not appear to explicitly teach the other limitations of this claim beyond those taught above; however, in an analogous art, Reddit teaches Tesla motors.
As per claim 21, Reddit particularly teaches:
an external storage device comprising a first device function configured to be exclusively allocated to the first user device; and a controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first user device; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first user device, wherein the first user device is configured to, based on the first user device receiving the first control signal, store a first piece of first data in the first user device and store, through the first device function, a second piece of the first data in the external storage device: (Reddit, page 4, where a Tesla vehicle uses a USB flash drive (i.e., external storage) to store sentry mode and dashcam clips. The Examiner notes that the ability to store Sentry Mode clips in the USB flash drive is a first device function that is used by a controller (i.e., an integrated controller) within a Tesla vehicle. In addition to storing dashcam and Sentry Mode clips, the USB flash storage can be used by the controller within the Tesla vehicle to store computer media (e.g., games and music). The controller within the Tesla vehicle may thus use a hybrid mode in which data may be written either to the USB flash drive or the internal storage (e.g., when upgrading software). Reddit therefore particularly teaches an external storage device comprising a first device function configured to be exclusively allocated to the first user device; and a controller configured to: select a hybrid mode among an internal mode and the hybrid mode as a storage mode of the first user device; activate the first device function based on selecting the hybrid mode; and provide a first control signal indicating the hybrid mode to the first user device, wherein the first user device is configured to, based on the first user device receiving the first control signal, store a first piece of first data in the first user device and store, through the first device function, a second piece of the first data in the external storage device).
It would have been obvious to a person having ordinary skill in the art, having the teachings of Reddit and DaSilva before them before the instant application was effectively filed, to modify the system of DaSilva to include the principles of Reddit of utilizing external storage in a Tesla vehicle.
The modification would have been obvious because a person having ordinary skill in the art would be motivated to increase system flexibility, performance, and reliability by enabling data to be stored to non-volatile flash memory.
Conclusion
The following prior art is made of record and is not relied upon for any rejection but is considered pertinent to Applicant's disclosure:
USPGPUB 2023/0229349: teaches techniques for managing data storage for a storage device of a vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel C. Chappell whose telephone number is (571)272-5003. The examiner can normally be reached 1000-1800, Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jared I. Rutz can be reached at (571)272-5535. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel C. Chappell
Primary Examiner
Art Unit 2135
/Daniel C. Chappell/Primary Examiner, Art Unit 2135