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 .
Drawings
The drawings were received on June 24th 2025. These drawings are accepted.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 24th 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 on August 1st 2025.
Status of the Claims
This Non-final action is in response to the applicant’s filing on June 30th 2025.
Claims 1-23 are pending and examined below.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware of, in the specification.
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 1-23 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.
Claims 1 and 21-23 are indefinite because the claims recite the steps of “a collection of application programming interfaces prepared for each standard” because the specification does not clearly redefine the term. Therefore the step in claims 1-23 lack antecedent basis in the claims as best understood.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
STEP 1: Does claims falls within one of the statutory categories? Yes.
Claim 1 is directed to an apparatus (device). Therefore, claim 1 is within at least one of the four statutory categories.
Claim 21 is directed to a system (sever). Therefore, claim 21 is within at least one of the four statutory categories.
Claim 22 is directed to a method. Therefore, claim 22 is within at least one of the four statutory categories.
Claim 23 is directed to an apparatus (device). Therefore, claim 23 is within at least one of the four statutory categories.
STEP 2A (PRONG 1): the claims are to be analyzed to determine if the claims directed to a law of nature, a natural phenomenon or an abstract idea : a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Claims 1, 21,22 and 23 include limitations that recite an abstract idea (emphasized below) and Claim 22 will be used as a representative claim for the remainder of the 101 rejections.
Analysis for Claim 22
A method for providing an application execution environment to provide one or more application programs arranged in an onboard device with vehicle data obtained via a vehicle network of a vehicle equipped with the onboard device, the method comprising:
executing a transmission process to obtain specific vehicle data, which is vehicle data indicated in a format unique to the vehicle, from the vehicle network by transmitting a command to the vehicle network according to an instruction manual indicating one or more types of standard vehicle data, which are standardized vehicle data;
converting the specific vehicle data obtained by executing the transmission process into a format of the standard vehicle data and storing the standard vehicle data in a standard vehicle data storage unit; and
providing the standard vehicle data to the application program by an API group, which is a collection of application programming interfaces prepared for each of the standard vehicle data, to provide a function to obtain the standard vehicle data from the standard vehicle data storage unit.
The bolded limitation(s) in system in claim 22 constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. Specifically, the “obtaining and instruction” and “converting…data” steps encompass a user to collect the data and converting it based on the standard data. Person can collect any standard data from the vehicle and convert them to another standard data using formulas, processes that can be done mentally and on with pen and paper. Accordingly, the claim recites at least one abstract idea.
STEP 2A (PRONG 2): Does the claims recite additional elements that integrate the judicial exception into a practical application? No, the claim does not recite additional elements that integrate the judicial exception into a practical application.
A method for providing an application execution environment to provide one or more application programs arranged in an onboard device with vehicle data obtained via a vehicle network of a vehicle equipped with the onboard device, the method comprising:
executing a transmission process to obtain specific vehicle data, which is vehicle data indicated in a format unique to the vehicle, from the vehicle network by transmitting a command to the vehicle network according to an instruction manual indicating one or more types of standard vehicle data, which are standardized vehicle data;
converting the specific vehicle data obtained by executing the transmission process into a format of the standard vehicle data and storing the standard vehicle data in a standard vehicle data storage unit; and
providing the standard vehicle data to the application program by an API group, which is a collection of application programming interfaces prepared for each of the standard vehicle data, to provide a function to obtain the standard vehicle data from the standard vehicle data storage unit.
Claim 22 does not recite any of the exemplary considerations that are indicative of a mental process/evaluation having been integrated into a practical application. Regarding the additional limitations of “storage unit” is recited at a high level of generality mealy automates the obtaining the data; which is a form of extra solution activity, nothing more than signal/data collection [see paragraph 0202]. As such, including instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea is indicative that the judicial exception has not been integrated into a practical application. Thus, it is clear that the abstract idea is merely implemented on a computer, which is indicative of the abstract idea having not been integrated into a practical application.
Also, as noted above, merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea is indicative that the judicial exception has not been integrated into a practical application. Thus, it is clear that the abstract idea is merely implemented on a computer, which is indicative of the abstract idea having not been integrated into a practical application.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? No, the claim does not recite additional elements that amount to significantly more than the judicial exception.
With regard to STEP 2B, whether the claims recite additional elements that provide significantly more than the recited judicial exception, the guidelines specify that the pre-guideline procedure is still in effect. Specifically, that examiners should continue to consider whether an additional element or combination of elements:
adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Claim 22 does not recite any specific limitation or combination of limitations that are not well-understood, routine, conventional (WURC) activity in the field. Selecting and transmitting data are fundamental, i.e. WURC, activities performed by processors, such as the device in claim 20.
CONCLUSION
Thus, since claim 22 is: (a) directed toward an abstract idea, (b) does not recite additional
elements that integrate the judicial exception into a practical application, and (c) does not
recite additional elements that amount to significantly more than the judicial exception, it is
clear that claim 22 is directed towards non-statutory subject matter.
The additional limitations of obtaining the data are well-understood, routine, and conventional activities because the background recites that the sensors from which the data is acquired/received are all conventional sensors. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, claim 14 is not patent eligible.
Further Claims 1, 21 and 23 are not patent eligible for the same reasons.
Dependent Claims 2-20 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional elements, if any, in the dependent claims are not sufficient to amount to significantly more than the judicial exception for the same reasons as with Claims 1, 21,22 and 23.
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.
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 1-23 rejected under 35 U.S.C. 103 as being unpatentable over Itoh (Patent No. US20210279250A1) in view of Bolt et al (Patent No. US20190347876A1).
Regarding claim 1 Itoh teaches, an on board device comprising: a data acquisition unit; (See Itoh abstract; “A vehicle data management device includes a data acquisition unit and a data conversion unit…”); configured to execute a transmission process to transmit a command to a vehicle network of a vehicle equipped with the onboard device according to an instruction manual indicating one or more types of standard vehicle data, which are standardized vehicle data; (See Itoh paragraph 0061; “…the vehicle data management device 3 includes the communication unit 32 and the control unit 31. The communication unit 32 is configured to acquire, from the data collection devices 2 mounted on the vehicles respectively, the vehicle ID which is set based on at least the vehicle model, and the CAN data indicative of vehicle information which is contained in the CAN frame transmitted and received in the CAN network of the vehicle.”); and obtain specific vehicle data, which is vehicle data indicated in a format unique to a vehicle, from the vehicle network; (See Itoh paragraph 0043; “The CAN data constitutes the data field of the CAN frame. That is, the CAN data is the first to eighth data described above. The vehicle ID is an identification number specified by a model and a model year of the vehicle that transmitted the corresponding CAN frame. For example, “012” shown in FIG. 6 is the vehicle ID of the vehicle equipped with the data collection device 2 shown in FIG. 2. Further, “890” shown in FIG. 6 is the vehicle ID of the vehicle equipped with the data collection device 2 shown in FIG. 3.”); a standard vehicle data storage unit configured to convert the specific vehicle data obtained by the data acquisition unit into a format of the standard vehicle data and store the standard vehicle data; (See Itoh abstract; “…The data conversion unit is configured to convert the first data into a label and a second data based on a conversion map that contains a label identification information for identifying the label corresponding to the first data, and a conversion information for converting the first data into the second data. The conversion map contains at least one label identification information and at least one conversion information for each vehicle identification information.”).
Itoh does not explicitly teach but Bolt teaches, an application execution unit configured to execute one or more application programs that utilize the standard vehicle data; (See Bolt paragraph 0054; “FIGS. 2A and 2B are system diagrams showing operations of a vehicle diagnostic system. In accordance with particular embodiments, when the host device 102 is plugged into the vehicle 101 for the first time, at vehicle startup, and/or after being disconnected from a vehicle and subsequently reconnected (i.e., if the host device 102 is unplugged, it can be configured to loses its programming (e.g. the VEC file can be automatically erased) and must be re-programmed) the host device 102 initiates a discovery process (e.g., initiated via the partner application or host application 103; e.g., responsive to the absence of a VEC file). Through this discovery process, the host device transmits information to a first server system, a service provider or partner server 202. The information transmitted to the first server system 202 from the host device 102 during the discovery process can include a vehicle identification number (VIN) for the vehicle 101 and a device identification number for the host device 102…”); and an application programming interface (API) group, which is a collection of application programming interfaces prepared for each of the standard vehicle data, configured to provide a function to obtain the standard vehicle data from the standard vehicle data storage unit for the one or more application programs executed by the application execution unit; (See Bolt paragraph 0058; “FIG. 4 shows the system architecture for a vehicle diagnostic system. As illustrated in FIG. 4, the service provider server 202 includes a messaging service 301 for communicating with the master vehicle diagnostic server 201 and the host device 102. The service provider server 202 also includes a file lookup service 302 for obtaining files for the host device 102. As demonstrated in FIG. 4, the host device 102 includes firmware 103 associated with the service provider, which operates as an application running in the OS on the device. This application includes an interface 305 for engaging the firmware 303 of the NanoKernel Application 104. The NanoKernel Application 104 includes the firmware file 303 and a bin file 304. The bin file 304 is updated and/or sent for the first time to the device 102 in response to the discovery request described in FIGS. 2A and 2B. The firmware file 303 processes the bin file 304 to obtain specific information. For example, in response to a request, the firmware file 303 calls specific execution routines. The execution routine may require accessing a list of parameters or commands contained in the binary file 304. The application 103 obtains the specific information via the master firmware interface and transmits the information to the service provider server 202. Similarly, during an initiation, the bin file 304 is obtained or updated through the application 103 from service provider server 202.”).
Itoh and Bolt are in the same field of vehicle data management. It would have been obvious for
one of ordinary skilled in the art before the effective filing date of present invention to add Bolt
an application programming interface to Itoh vehicle data management device to acquire vehicle information; one of ordinary skill in the art may combine elements of Itoh and Bolt according to known methods to yield predictable results, to collect vehicle diagnostic data from multiple applications. No new functionality would arise. Further, finding that one of ordinary skills in art would have recognized that the results of the combination were predictable.
Regarding claim 2 Itoh in view of Bolt teaches, the onboard device according to claim 1, Itoh further teaches, wherein: the onboard device is connected to the vehicle network via a diagnostic port provided in the vehicle; and the data acquisition unit is configured to use as the command, a diagnostic command used in diagnostic communication; (See Itoh paragraph 0079; “The vehicle data management device 3 includes the communication unit 32 and the control unit 31. The communication unit 32 is configured to acquire, from the data collection devices 2 mounted on the vehicles respectively, the vehicle ID which is set based on at least the vehicle model, and the CAN data indicative of vehicle information which is contained in the CAN frame transmitted and received in the CAN network of the vehicle.”).
Regarding claim 3 Itoh in view of Bolt teaches, the onboard device according to claim 1, Itoh also teaches, further comprising: a schedule management unit configured to extract, as a transmission target command to be the command to be transmitted in the transmission process, the command indicated by management information that meets a acquisition condition, using one or more management information indicating a type of a command used to obtain the specific vehicle data corresponding to the standard vehicle data and the acquisition condition of the standard vehicle data; (See Itoh paragraph 0038 and 0061-0062; “The post-conversion database 33b is obtained by converting the vehicle data in the pre-conversion database by the data conversion process described later. The control unit 31 is connected with an analysis device 4 configured to analyze the data that the vehicle data management device 3 collected from the data collection devices 2… the vehicle data management device 3 includes the communication unit 32 and the control unit 31. The communication unit 32 is configured to acquire, from the data collection devices 2 mounted on the vehicles respectively, the vehicle ID which is set based on at least the vehicle model, and the CAN data indicative of vehicle information which is contained in the CAN frame transmitted and received in the CAN network of the vehicle.
The control unit 31 is configured to convert the CAN data into the control label and a management value for each vehicle ID based on the conversion map 42a which contains at least one of the bit assignment for identifying the control label of the CAN data and the conversion information for converting the CAN data into the physical value or the type value (hereinafter, referred to as the management value).”).
Regarding claim 4 Itoh in view of Bolt teaches, the onboard device according to claim 3, Itoh further teaches, wherein: the data acquisition unit is configured to repeatedly execute the transmission process at a preset execution cycle; and the schedule management unit is configured to extract the command indicated by the management information that meets the acquisition condition as the transmission target command in a next and subsequent execution cycles; (See Itoh paragraph 0067-0068; “The control unit 31 stores at least the converted control label and management value. According to the vehicle data management device 3, the analysis device 4 can utilize the database (i.e. the post-conversion database 33b) consisting of the vehicle information acquired from multiple data collection devices 2. Since the CAN data with different vehicle IDs stored in the post-conversion database 33b can be classified based on the control label and the domain, the analysis device 4 can easily extract information required for analysis using the control label and the domain.
In the above-described embodiment, the data collection device 2 corresponds to an in-vehicle device, the communication unit 32 corresponds to a data acquisition unit, and the process in S50 corresponds to a data conversion unit. The vehicle ID corresponds to a vehicle identification information, the CAN data corresponds to a first data, the control label corresponds to a label, the management value corresponds to a second data, and the bit assignment corresponds to a label identification information.”).
Regarding claim 5 Itoh in view of Bolt teaches, the onboard device according to claim 3, Itoh further teaches, wherein: a manner for specifying the acquisition condition includes a periodic drive, which obtains data repeatedly at a fixed cycle, and an event drive, which obtains data when a specified event occurs; (See Itoh paragraph 0067-0068; “The control unit 31 stores at least the converted control label and management value. According to the vehicle data management device 3, the analysis device 4 can utilize the database (i.e. the post-conversion database 33b) consisting of the vehicle information acquired from multiple data collection devices 2. Since the CAN data with different vehicle IDs stored in the post-conversion database 33b can be classified based on the control label and the domain, the analysis device 4 can easily extract information required for analysis using the control label and the domain.
In the above-described embodiment, the data collection device 2 corresponds to an in-vehicle device, the communication unit 32 corresponds to a data acquisition unit, and the process in S50 corresponds to a data conversion unit. The vehicle ID corresponds to a vehicle identification information, the CAN data corresponds to a first data, the control label corresponds to a label, the management value corresponds to a second data, and the bit assignment corresponds to a label identification information.”).
Regarding claim 6 the Itoh in view of Bolt teaches, onboard device according to claim 3, Itoh further teaches, wherein: the schedule management unit is configured to exclude a part of the transmission target command from processing of a transmission when transmitting all transmission target commands extracted from the one or more management information in the transmission process could cause an overload on the vehicle network, thereby preventing the overload; (See Itoh paragraph 0058-0059; “In contrast, when the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n, the CPU 41 stores, in the post-conversion database 33b, the converted data which is stored in the first to nth rows of the pre-conversion database 33a, the vehicle ID, the time, the latitude, and the longitude corresponding to the converted data such that the data converted earlier has smaller row number in S80.
In S90, the CPU 41 deletes the data in the first to nth rows of the pre-conversion database 33a (i.e. the converted data) from the pre-conversion database 33a, and thus the data conversion process ends.”).
Regarding claim 7 Itoh in view of Bolt teaches, the onboard device according to claim 6, Itoh further teaches, wherein: the schedule management unit is configured to determine that the overload occurs when a traffic of the vehicle network exceeds an allowable value; (See Itoh paragraph 0066; “CAN data contains the CAN ID indicative of the CAN network used for transmitting and receiving the CAN frame in which the CAN data is stored. The conversion map 42a contains the domain identification information indicative of the correspondence between the CAN ID and the domain of the vehicle…the vehicle data management device 3 can easily manage the database (i.e. the post-conversion database 33b) consisting of vehicle information acquired from multiple data collection devices 2.”).
Regarding claim 8 Itoh in view of Bolt teaches, the onboard device according to claim 4, Itoh further teaches, wherein: the schedule management unit is configured to exclude a part of the transmission target command from processing of a transmission when transmitting all transmission target commands extracted from the one or more management information in the transmission process could cause an overload on the vehicle network, thereby preventing the overload; and the schedule management unit is configured to determine that the overload occurs when a total value of a turnaround time of the transmission target command exceeds the execution cycle of the transmission process; (See Itoh paragraph 0058-0059; “In contrast, when the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n, the CPU 41 stores, in the post-conversion database 33b, the converted data which is stored in the first to nth rows of the pre-conversion database 33a, the vehicle ID, the time, the latitude, and the longitude corresponding to the converted data such that the data converted earlier has smaller row number in S80.
In S90, the CPU 41 deletes the data in the first to nth rows of the pre-conversion database 33a (i.e. the converted data) from the pre-conversion database 33a, and thus the data conversion process ends.”).
Regarding claim 9 Itoh in view of Bolt teaches, the onboard device according to claim 8, Itoh does not explicitly teach but Bolt teaches, wherein: the data acquisition unit is configured to measure the turnaround time at a start of the onboard device; (See Bolt paragraph 0066; “…The apparatus can also include, in addition to hardware, code that creates an execution environment for the computer program in question, e.g., code that constitutes processor firmware, a protocol stack, a database management system, an operating system, a cross-platform runtime environment, a virtual machine, or a combination of one or more of them…”).
Itoh and Bolt are in the same field of vehicle data management. It would have been obvious for
one of ordinary skilled in the art before the effective filing date of present invention to add Bolt
an application programming interface to Itoh vehicle data management device to acquire vehicle information; one of ordinary skill in the art may combine elements of Itoh and Bolt according to known methods to yield predictable results, to collect vehicle diagnostic data from multiple applications. No new functionality would arise. Further, finding that one of ordinary skills in art would have recognized that the results of the combination were predictable.
Regarding claim 10 Itoh in view of Bolt teaches, the onboard device according to claim 8, Itoh does not explicitly teach but Bolt teaches, wherein: the data acquisition unit is configured to measure the turnaround time when there is a change in a configuration of hardware connected to the onboard device or a configuration of software executed by the application execution unit; (See Bolt paragraph 0066; “…The apparatus can also include, in addition to hardware, code that creates an execution environment for the computer program in question, e.g., code that constitutes processor firmware, a protocol stack, a database management system, an operating system, a cross-platform runtime environment, a virtual machine, or a combination of one or more of them. The apparatus and execution environment can realize various different computing model infrastructures, such as web services, distributed computing and grid computing infrastructures.”).
Itoh and Bolt are in the same field of vehicle data management. It would have been obvious for
one of ordinary skilled in the art before the effective filing date of present invention to add Bolt
an application programming interface to Itoh vehicle data management device to acquire vehicle information; one of ordinary skill in the art may combine elements of Itoh and Bolt according to known methods to yield predictable results, to collect vehicle diagnostic data from multiple applications. No new functionality would arise. Further, finding that one of ordinary skills in art would have recognized that the results of the combination were predictable.
Regarding claim 11 Itoh in view of Bolt teaches, the onboard device according to claim 4, Itoh further teaches, wherein: the schedule management unit is configured to exclude a part of the transmission target command from processing of a transmission when transmitting all transmission target commands extracted from the one or more management information in the transmission process could cause an overload on the vehicle network, thereby preventing the overload; (See Itoh paragraph 0058-0059; “In contrast, when the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n, the CPU 41 stores, in the post-conversion database 33b, the converted data which is stored in the first to nth rows of the pre-conversion database 33a, the vehicle ID, the time, the latitude, and the longitude corresponding to the converted data such that the data converted earlier has smaller row number in S80.
In S90, the CPU 41 deletes the data in the first to nth rows of the pre-conversion database 33a (i.e. the converted data) from the pre-conversion database 33a, and thus the data conversion process ends.”); the management information includes a priority concerning the transmission of the command; and the schedule management unit is configured to exclude at least one of the management information with lowest priority; (See Itoh paragraph 0058-0059; “In contrast, when the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n, the CPU 41 stores, in the post-conversion database 33b, the converted data which is stored in the first to nth rows of the pre-conversion database 33a, the vehicle ID, the time, the latitude, and the longitude corresponding to the converted data such that the data converted earlier has smaller row number in S80.
In S90, the CPU 41 deletes the data in the first to nth rows of the pre-conversion database 33a (i.e. the converted data) from the pre-conversion database 33a, and thus the data conversion process ends.”);
the management information with a priority below an exclusion threshold, and the management information with an acquisition cycle that is 10 times or more than the execution cycle, from the transmission target command when it is determined that the overload occurs; (See Itoh paragraph 0046; “When the data conversion process is started, the CPU 41 of the control unit 31 assigns 1 to a row number indicator value i of RAM 43 in S10, as shown in FIG. 7. In S20, the CPU 41 sets a maximum row number n of RAM 43. Specifically, the CPU 41 gets the number of the rows of the matrix of the pre-conversion database 33a and assigns the number of the rows to the maximum row number n of the RAM 43.”).
Regarding claim 12 Itoh in view of Bolt teaches, the onboard device according to claim 11, Itoh further teaches, wherein: the schedule management unit is configured to adjust the management information so that the management information excluded from the transmission target command is extracted as the transmission target command in an execution cycle after an execution cycle in which the transmission target command is excluded; (See Itoh paragraph 0057-0059; “In S60, the CPU 41 determines whether the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n. When the value stored in the row number indicator value i is smaller than the value stored in the maximum row number n, the CPU 41 increments the row number indicator value i by 1 in S70, and the process returns to S30.
In contrast, when the value stored in the row number indicator value i is equal to or greater than the value stored in the maximum row number n, the CPU 41 stores, in the post-conversion database 33b, the converted data which is stored in the first to nth rows of the pre-conversion database 33a, the vehicle ID, the time, the latitude, and the longitude corresponding to the converted data such that the data converted earlier has smaller row number in S80.
In S90, the CPU 41 deletes the data in the first to nth rows of the pre-conversion database 33a (i.e. the converted data) from the pre-conversion database 33a, and thus the data conversion process ends.”).
Regarding claim 13 Itoh in view of Bolt teaches, the onboard device according to claim 11, Itoh does not explicitly teach but Bolt teaches, further comprising: an API monitoring unit configured to monitor usage status of each of the application programming interfaces belonging to the API group, wherein the priority is set to a higher value as usage frequency of the application programming interface used to obtain the vehicle data corresponding to the priority is higher, based on a monitoring result of the API monitoring unit; (See Bolt paragraph 0061; “FIG. 7A-7B show the system architecture of FIG. 4 at a device update interphase. As shown in FIG. 7A, the host device 102 can request updates 701 for the bin file 304, for example each time the vehicle is started. As shown in FIG. 7B, the service provider server 202 can pole the master server 201 for updates. The master server will either respond with a no update response 704 or with a reply 703 that includes any updated VEC file obtained since the last update request was received from the partner server 202 for the VIN number specified in the request. If a new VEC file is available, the VEC file will be stored on one or more storage devices on the host device 102.”).
Itoh and Bolt are in the same field of vehicle data management. It would have been obvious for
one of ordinary skilled in the art before the effective filing date of present invention to add Bolt
an application programming interface to Itoh vehicle data management device to acquire vehicle information; one of ordinary skill in the art may combine elements of Itoh and Bolt according to known methods to yield predictable results, to collect vehicle diagnostic data from multiple applications. No new functionality would arise. Further, finding that one of ordinary skills in art would have recognized that the results of the combination were predictable.
Regarding claim 14 Itoh in view of Bolt teaches, the onboard device according to claim 11, Itoh further teaches, wherein: the priority is set according to a data type of the vehicle data corresponding to the priority; (See Itoh paragraph 0006; “…a first data that is contained in a communication frame transmitted and received in an in-vehicle network of the vehicle and is indicative of a vehicle information relating to the vehicle…”).
Regarding claim 15 Itoh in view of Bolt teaches, the onboard device according to claim 11, Itoh further teaches, wherein: the priority is set according to the acquisition condition of the vehicle data corresponding to the priority; (See Itoh paragraph 0006; “…a first data that is contained in a communication frame transmitted and received in an in-vehicle network of the vehicle and is indicative of a vehicle information relating to the vehicle…”).
Regarding claim 16 Itoh in view of Bolt teaches, the onboard device according to claim 1, Itoh also teaches, further comprising: a peripheral information acquisition unit configured to obtain peripheral information, including the instruction manual, information for interpreting a frame received from the vehicle network, information for converting the specific vehicle data obtained by interpreting the frame into the standard vehicle data, and a list of commands usable in the vehicle, through wireless communication with a server provided outside the vehicle; (See Itoh paragraph 0077; “The vehicle data management device 3 is configured to convert the system of the pre-conversion database 33 a by referring to the first to fourth conversion maps 311, 312, 313, 314 stored in the storage unit 33. The vehicle data management device 3 is configured to respectively convert the CAN ID and the CAN data in the pre-conversion database 33 a into the control label and the vehicle information by referring to the first to fourth conversion maps 311, 312, 313, 314 stored in the storage unit 33.”).
Regarding claim 17 Itoh in view of Bolt teaches, the onboard device according to claim 1, Itoh further teaches, wherein: the vehicle data obtained by the data acquisition unit includes at least one of vehicle speed, total mileage, vehicle body acceleration, vehicle body angular velocity, global positioning system location information, gear position, battery charge status, fuel tank capacity, remaining fuel amount, average fuel consumption amount, light on/off status, interior/exterior temperature, air conditioner operation status, door/window open/close status, door/window lock status, seat belt status, airbag status, tire pressure, parking brake status, accelerator pedal position, brake pedal position, brake pressure, and diagnostic trouble code list.; (See Itoh figure 8).
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Regarding claim 20 Itoh in view of Bolt teaches, the onboard device according to claim 1, Itoh also teaches, further comprising: a standard vehicle data transmission unit configured to wirelessly transmit the standard vehicle data stored in the standard vehicle data storage unit to a server provided outside the vehicle; (See Itoh paragraph 0072; “The first manufacturer management server 301, the second manufacturer management server 302, the third manufacturer management server 303, and the fourth manufacturer management server 304 perform data communication with the vehicle data management device 3 through the wireless wide area network NW.”).
With respect to the independent claim 21, please see rejection above with respect to claim 1 which is commensurate in scope to claim 21, with claim 1 being drawn to device and claim 21 being drawn to an invention system.
Regarding claim 22 Itoh teaches, a method for providing an application execution environment to provide one or more application programs arranged in an onboard device with vehicle data obtained via a vehicle network of a vehicle equipped with the onboard device, the method comprising; (See Itoh abstract and paragraph 0085; “A vehicle data management device includes a data acquisition unit and a data conversion unit. The data acquisition unit is configured to acquire, from each of a plurality of in-vehicle devices mounted on a corresponding vehicle of a plurality of vehicles, a vehicle identification information that is set based on at least a model of the vehicle, and a first data that is contained in a communication frame and is indicative of a vehicle information…the control unit 31 described in the present disclosure and the method thereof may be realized by a dedicated computer configured as a processor with one or more dedicated hardware logic circuits…”); executing a transmission process to obtain specific vehicle data, which is vehicle data indicated in a format unique to the vehicle, from the vehicle network by transmitting a command to the vehicle network according to an instruction manual indicating one or more types of standard vehicle data, which are standardized vehicle data; (See Itoh paragraph 0061; “…the vehicle data management device 3 includes the communication unit 32 and the control unit 31. The communication unit 32 is configured to acquire, from the data collection devices 2 mounted on the vehicles respectively, the vehicle ID which is set based on at least the vehicle model, and the CAN data indicative of vehicle information which is contained in the CAN frame transmitted and received in the CAN network of the vehicle.”); converting the specific vehicle data obtained by executing the transmission process into a format of the standard vehicle data and storing the standard vehicle data in a standard vehicle data storage unit; (See Itoh abstract; “…The data conversion unit is configured to convert the first data into a label and a second data based on a conversion map that contains a label identification information for identifying the label corresponding to the first data, and a conversion information for converting the first data into the second data. The conversion map contains at least one label identification information and at least one conversion information for each vehicle identification information.”).
Itoh does not explicitly teach but Bolt teaches, and providing the standard vehicle data to the application program by an API group, which is a collection of application programming interfaces prepared for each of the standard vehicle data, to provide a function to obtain the standard vehicle data from the standard vehicle data storage unit; (See Bolt paragraph 0058; “FIG. 4 shows the system architecture for a vehicle diagnostic system. As illustrated in FIG. 4, the service provider server 202 includes a messaging service 301 for communicating with the master vehicle diagnostic server 201 and the host device 102. The service provider server 202 also includes a file lookup service 302 for obtaining files for the host device 102. As demonstrated in FIG. 4, the host device 102 includes firmware 103 associated with the service provider, which operates as an application running in the OS on the device. This application includes an interface 305 for engaging the firmware 303 of the NanoKernel Application 104. The NanoKernel Application 104 includes the firmware file 303 and a bin file 304. The bin file 304 is updated and/or sent for the first time to the device 102 in response to the discovery request described in FIGS. 2A and 2B. The firmware file 303 processes the bin file 304 to obtain specific information. For example, in response to a request, the firmware file 303 calls specific execution routines. The execution routine may require accessing a list of parameters or commands contained in the binary file 304. The application 103 obtains the specific information via the master firmware interface and transmits the information to the service provider server 202. Similarly, during an initiation, the bin file 304 is obtained or updated through the application 103 from service provider server 202.”).
Itoh and Bolt are in the same field of vehicle data management. It would have been obvious for
one of ordinary skilled in the art before the effective filing date of present invention to add Bolt
an application programming interface to Itoh vehicle data management device to acquire vehicle information; one of ordinary skill in the art may combine elements of Itoh and Bolt according to known methods to yield predictable results, to collect vehicle diagnostic data from multiple applications. No new functionality would arise. Further, finding that one of ordinary skills in art would have recognized that the results of the combination were predictable.
With respect to the independent claim 23, please see rejection above with respect to claim 22 which is commensurate in scope to claim 23, with claim 22 being drawn to method and claim 23 being drawn to an invention non-transitory computer readable storage medium.
Conclusion
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/L.K./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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