DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Note
Claims 1, 12 and 13 are not rejected under 35 USC § 101 as being directed to abstract idea for the following reason:
The claims recite additional elements, including a notification device, an electronic control device and a distribution device and establish a wireless connection between the electronic control device and the distribution device in order to notify a software update to user via the notification device. The claims directed to the software update in the electronic device from the distribution device and notify user via the notification device (display) and integrate the abstract idea into a practical application. Accordingly, because the claims integrate into a practical application under step 2A prong two, the claims are not rejected under 35 USC § 101 as being directed to abstract idea. The dependent claims further limit depend on independent claim 1 and for the same reasons, they are not rejected under 35 USC § 101 as being directed to abstract idea.
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 1-4, 6-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kiyama et al. US 20180074811 in view of Kato et al. US 20200371774.
Regarding claim 1, Kiyama et al. teach An update information notification device that causes a notification device to notify update information related to a software update when software of an electronic control device to be updated is updated by update software acquired from a distribution device, (Kiyama et al. US 20180074811 abstract; paragraphs [0005]-[0007]; [0021]-[0027]; [0029]; [0032]-[0040]; [0053]; [0059]-[0064]; [0067]-[0072]; [0078]-[0087]; [0094]-[0097]; [0100]-[0110];figures 1-12)
The central processing unit 231 is constituted by, for example, a CPU, a RAM, or the like, and executes a predetermined operation program to perform a process of realizing functions of the navigation terminal 230. The central processing unit 231 includes an update information display unit 232 as the function. The update information display unit 232 performs a display based on update information transmitted from the telematics center 100 on the input and output device 234. When an input to the effect that the updating of software is permitted is performed by a user by using the input and output device 234, permission information is acquired and is transmitted to the telematics center 100 (Kiyama et al. par. 38). The software update system of this embodiment manages the updating of software of an ECU which is in-vehicle equipment mounted on the vehicle 200, and includes the software updating device 210 mounted on the vehicle 200, and the telematics center 100 that communicates with the software updating device 210 through the network 300. The telematics center 100 includes the update software distribution unit 113 that distributes update software for updating software of the ECU to the software updating device 210. The software updating device 210 includes the storage device 215 that stores update software distributed from the telematics center 100 and stores update information regarding influence on the operation of the vehicle 200 in a case where the updating of software of an ECU is not successful and the ECU software updating unit 214 that updates the software of the ECU by using the update software stored in the storage device 215, and controls the operation of the ECU software updating unit 214 on the basis of the update information stored in the storage device 215. In this manner, it is possible to realize the updating of software of in-vehicle equipment based on OTA which is easy for a user to utilize (Kiyama et al. par. 100).
According to the cited passages and figures, examiner interprets a navigation terminal 230 include the update information display unit 232 as the update information notification device and telematic center include the update software distribution unit 113 as the distribution device.
the update information notification device comprising: at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor,
The navigation terminal 230 includes a central processing unit 231, a storage device 233, and an input and output device 234 constituted by a combination of a touch panel, a keyboard, a mouse, and the like.
According to the cited passages and figures, examiner interprets the navigation terminal include at least one circuit.
the at least one of the circuit and the processor configured to cause the update information notification device to: acquire the update information;
The central processing unit 231 is constituted by, for example, a CPU, a RAM, or the like, and executes a predetermined operation program to perform a process of realizing functions of the navigation terminal 230. The central processing unit 231 includes an update information display unit 232 as the function. The update information display unit 232 performs a display based on update information transmitted from the telematics center 100 on the input and output device 234. When an input to the effect that the updating of software is permitted is performed by a user by using the input and output device 234, permission information is acquired and is transmitted to the telematics center 100 (Kiyama et al. par. 38).
and determine a notification mode of the update information and cause the notification device to notify the update information in accordance with a determined notification mode,
In step S809, the ECU software updating unit 214 prompts the user to move the vehicle 200 into the communication area. Here, the ECU software updating unit 214 gives a notification to the user by using the update information display unit 232 and the input and output device 234 of the navigation terminal 230. Specifically, the software updating device 210 outputs a message to the effect that the vehicle 200 has to be moved to a position where the vehicle can communicate with the telematics center 100 by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232, and thus the user is prompted to move the vehicle 200 into the communication area. Further, at this time, the ECU software updating unit 214 determines whether or not there is a limitation on the operation of the vehicle 200 which is moving on the basis of the update information which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215, and notifies the user of the content thereof in a case where it is determined that there is a limitation. Specifically, the speed limitation 422, the function limitation 423, and the user notification content 424 which correspond to the ECU are retrieved from the functional configuration information included in the update information by using the function category specified in step S807 as a retrieval key. The presence or absence of a speed limitation or a function limitation with respect to the operation of the vehicle 200 which is moving is confirmed and the content of a notification given to the user is confirmed on the basis of the retrieved data contents, and a notification is given to the user by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232. When these notifications are given, the ECU software updating unit 214 stands by until the vehicle 200 is moved into the communication area, and the processing proceeds to step S900 of FIG. 7 (Kiyama et al. par. 82).
Kiyama et al. do not explicitly teach specify an occupant state indicating a state of an occupant; specify a vehicle state indicating a state of a vehicle; wherein a notification mode of the update information is determined based on a case classified according to a combination of a specified occupant state and a specified vehicle state.
Kato et al. teach specify an occupant state indicating a state of an occupant; specify a vehicle state indicating a state of a vehicle; (Kato et al. US 20200371774 abstract; paragraphs [0006]-[0016]; [0035]; [0041]-[0048]; [0054]; [0058]-[0068]; [0070]; [0076]-[0087]; [0090]-0096]; [0110]; figures 1-16)
In the aspect of (1), the software updating device further includes an action predictor configured to perform prediction of a future action of the vehicle on the basis of past communication states managed by the communication state manager, wherein a region in which communication for updating the software will be performed is set on the basis of a future action of the vehicle predicted by the action predictor (Kato et al. par. 9). In the aspect of (3), the action predictor estimates a state of an occupant of the vehicle from a captured image of the occupant and performs prediction of a future action of the vehicle on the basis of the estimated state of the occupant (Kato et al. par. 10). The action predictor 145 may estimate a state of an occupant (e.g., a driver) from an image captured by the in-vehicle camera 70 and perform prediction of an action of the vehicle M on the basis of the estimated state. For example, the state of the occupant includes some or all of drowsiness, the direction of the line of sight, emotion, and the like (Kato et al. par. 86). In addition, the action predictor 145 performs prediction of a future action of the vehicle M on the basis of the travel state of the vehicle M, the state of the occupant, and the communication history information 164. For example, when there are two routes predicted from the current travel state of the vehicle M and it is assumed that the occupant is drowsy (eyelids come down) or the occupant is angry, the action predictor 145 determines that the vehicle M is highly likely to be parked soon and performs action prediction having a route having a shorter distance (route having a shorter distance to an estimated destination) between the two predicted routes as a predicted route. When it is assumed that the occupant is not drowsy or is smiling, the action predictor 145 determines that the occupant is highly likely to continue driving and performs action prediction having a route having a longer distance (route having a longer distance to an estimated destination) between the two predicted routes as a predicted route. Accordingly, the action predictor 145 can perform action prediction with higher accuracy (Kato et al. par. 87).
wherein a notification mode of the update information is determined based on a case classified according to a combination of a specified occupant state and a specified vehicle state.
The action predictor 145 performs prediction of a future action of the vehicle M on the basis of the communication history information 164 when a software update notification or an action prediction instruction is received from the update controller 120A. For example, the action predictor 145 acquires a current travel state of the vehicle M on the basis of positional information of the vehicle M, variation in the positional information in a predetermined time, a vehicle speed, or a traveling direction. The action predictor 145 acquires communication method information, a data amount, data contents, and the like associated with positional information approximate to the position of the vehicle M with reference to the communication history information 164 on the basis of the position of the vehicle M. The action predictor 145 performs action prediction from the current position of the vehicle M on the basis of positional information and date/time information of the communication history information 164 (Kato et al. par. 84).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the claim invention to include a camera and action predictor taught by Kato et al. reference into the modified system of Kiyama et al. reference in order to determine state of vehicle in response to occupant condition.
Regarding claim 2, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 1, wherein an update information acquisition section is implemented by the at least one of the circuit and the processor configured to acquire the update information;
The central processing unit 231 is constituted by, for example, a CPU, a RAM, or the like, and executes a predetermined operation program to perform a process of realizing functions of the navigation terminal 230. The central processing unit 231 includes an update information display unit 232 as the function. The update information display unit 232 performs a display based on update information transmitted from the telematics center 100 on the input and output device 234. When an input to the effect that the updating of software is permitted is performed by a user by using the input and output device 234, permission information is acquired and is transmitted to the telematics center 100 (Kiyama et al. par. 38).
an occupant state specifying section is implemented by the at least one of the circuit and the processor configured to specify an occupant state indicating a state of an occupant; a vehicle state specifying section is implemented by the at least one of the circuit and the processor configured to specify a vehicle state indicating a state of a vehicle;
The software updating device 100A includes, for example, a communicator 110, an update controller 120A, a communication state manager 130, a display controller 140, an action predictor 145, a battery manager 150, and a storage 160. These components are realized by a hardware processor such as a CPU executing a program (software). Some or all of these components may be realized by hardware (a circuit including a circuitry) such as an LSI circuit, an ASIC, an FPGA or a GPU or realized by software and hardware in cooperation (Kato et al. par. 82). The action predictor 145 may estimate a state of an occupant (e.g., a driver) from an image captured by the in-vehicle camera 70 and perform prediction of an action of the vehicle M on the basis of the estimated state. For example, the state of the occupant includes some or all of drowsiness, the direction of the line of sight, emotion, and the like (Kato et al. par. 86). In addition, the action predictor 145 performs prediction of a future action of the vehicle M on the basis of the travel state of the vehicle M, the state of the occupant, and the communication history information 164. For example, when there are two routes predicted from the current travel state of the vehicle M and it is assumed that the occupant is drowsy (eyelids come down) or the occupant is angry, the action predictor 145 determines that the vehicle M is highly likely to be parked soon and performs action prediction having a route having a shorter distance (route having a shorter distance to an estimated destination) between the two predicted routes as a predicted route. When it is assumed that the occupant is not drowsy or is smiling, the action predictor 145 determines that the occupant is highly likely to continue driving and performs action prediction having a route having a longer distance (route having a longer distance to an estimated destination) between the two predicted routes as a predicted route. Accordingly, the action predictor 145 can perform action prediction with higher accuracy (Kato et al. par. 87).
and a notification control section is implemented by the at least one of the circuit and the processor configured to determine a notification mode of the update information and cause the notification device to notify the update information in accordance with a determined notification mode,
In step S809, the ECU software updating unit 214 prompts the user to move the vehicle 200 into the communication area. Here, the ECU software updating unit 214 gives a notification to the user by using the update information display unit 232 and the input and output device 234 of the navigation terminal 230. Specifically, the software updating device 210 outputs a message to the effect that the vehicle 200 has to be moved to a position where the vehicle can communicate with the telematics center 100 by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232, and thus the user is prompted to move the vehicle 200 into the communication area. Further, at this time, the ECU software updating unit 214 determines whether or not there is a limitation on the operation of the vehicle 200 which is moving on the basis of the update information which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215, and notifies the user of the content thereof in a case where it is determined that there is a limitation. Specifically, the speed limitation 422, the function limitation 423, and the user notification content 424 which correspond to the ECU are retrieved from the functional configuration information included in the update information by using the function category specified in step S807 as a retrieval key. The presence or absence of a speed limitation or a function limitation with respect to the operation of the vehicle 200 which is moving is confirmed and the content of a notification given to the user is confirmed on the basis of the retrieved data contents, and a notification is given to the user by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232. When these notifications are given, the ECU software updating unit 214 stands by until the vehicle 200 is moved into the communication area, and the processing proceeds to step S900 of FIG. 7 (Kiyama et al. par. 82).
wherein the notification control section determines a notification mode of the update information based on a case classified according to a combination of the occupant state specified by the occupant state specifying section and the vehicle state specified by the vehicle state specifying section.
The action predictor 145 performs prediction of a future action of the vehicle M on the basis of the communication history information 164 when a software update notification or an action prediction instruction is received from the update controller 120A. For example, the action predictor 145 acquires a current travel state of the vehicle M on the basis of positional information of the vehicle M, variation in the positional information in a predetermined time, a vehicle speed, or a traveling direction. The action predictor 145 acquires communication method information, a data amount, data contents, and the like associated with positional information approximate to the position of the vehicle M with reference to the communication history information 164 on the basis of the position of the vehicle M. The action predictor 145 performs action prediction from the current position of the vehicle M on the basis of positional information and date/time information of the communication history information 164 (Kato et al. par. 84).
Regarding claim 3, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the notification control section causes the notification device to notify, as the update information, a progress of a software update.
On the other hand, in a case where it is determined that there is an update case for which updating has not yet been completed (S701: Yes), the update information display unit 232 notifies a user that the installation of update software is started, by using the input and output device 234 (step S702). Here, the update information display unit 232 confirms update contents with reference to the update software which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215. The confirmed update contents are output to the input and output device 234 of the navigation terminal 230 and are displayed on the screen thereof, the user is notified of updating. Further, at this time, choices regarding whether to permit updating are displayed together on the screen, and the user is caused to select any choice in the input and output device 234 (Kato et al. par. 67). On the other hand, in a case where the permission to perform updating is obtained from the user (S703: Yes), the ECU software updating unit 214 notifies the telematics center 100 to start updating EUC software using a file for updating which has been downloaded (step S704). When this notice of the start of updating is received, the update case management unit 112 of the telematics center 100 retrieves the record, having the VIN of the vehicle 200 being a notification source registered therein, from the progress management DB 125, and updates the status 512 of the corresponding record to “update start” (step S710) (Kato et al. par. 39).
According to the cited passages and figures, examiner interprets a display unit 232 within the vehicle is used to notify user the progress of software update.
Regarding claim 4, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the notification control section causes the notification device to notify, as the update information, a function subject to use restriction during a software update.
In FIG. 9, a screen 1100 is an example of a screen displayed on the input and output device 234 in order to prompt the user to move the vehicle 200 into the communication area in step S809 of FIG. 6. The screen 1100 is constituted by screen regions respectively denoted by reference numerals 1101, 1102, and 1103. The screen region 1101 is a region indicating that the communication unit 220 is currently outside the communication area and it is necessary to move the vehicle 200 into the communication area in order to perform the recovery of ECU software on-line. The screen region 1102 is a region indicating a radio wave condition of the communication unit 220. The screen region 1103 is a region indicating the state of a function limitation of the vehicle 200. The screen 1100 shows a situation where, for example, the automatic driving ECU 245 fails in the updating of software and the vehicle 200 is in an area outside the communication area, by these screen regions. In this case, since the updating of software of the automatic driving ECU 245 is not successful, an automatic driving function is compulsorily turned off in the vehicle 200, but any influence is not exerted on manual driving. For this reason, the screen 1100 is displayed so that the user is prompted to manually move the vehicle 200 into an area within the communication area (Kiyama et al. par. 95).
According to the cited passages and figures, examiner interprets automatic driving mode restrict vehicle from updating the software (see figure 9 of Kiyama et al.).
Regarding claim 6, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the vehicle state specifying section specifies, as the vehicle state, whether the vehicle is traveling, stopped, or parked, and the notification control section determines a notification mode of the update information based on whether the vehicle is traveling, stopped, or parked as a result specified by the vehicle state specifying section.
In the first embodiment, a description has been given of an example in which software of an ECU to be updated is updated in a state where the engine of the vehicle 200 is stopped, that is, a state where the vehicle 200 is not used. On the other hand, in a second embodiment, a description will be given of an example in which software of an ECU to be updated is updated even when the vehicle 200 is traveling. Meanwhile, a configuration of a software update system and a process of downloading update software in the second embodiment are the same as those described in FIGS. 1 to 4 in the first embodiment. For this reason, a description thereof will be omitted below. (Kiyama et al. par. 107). In FIG. 10, when the ECU software updating unit 214 receives an instruction for starting installation from the telematics center 100, determination in step S1200 is immediately performed without standing by until the engine of the vehicle 200 is stopped. In step S1200, the ECU software updating unit 214 determines whether or not ECU software to be updated can be updated during the traveling of the vehicle 200. This determination can be performed by the same method as that of step S807 of FIG. 6 described in the first embodiment. That is, the content of in-area movement propriety 421 of a function category to which the ECU belongs is confirmed in functional configuration information included in update information, and thus it is determined whether or not the vehicle 200 can be made to travel without using the ECU. As a result, in a case where the content of the in-area movement propriety 421 corresponding to the ECU is “False”, it is determined that the vehicle 200 cannot be made to travel without using the ECU (step S1200: No), and the processing of FIG. 10 is terminated. In this case, similarly to the first embodiment, there is an attempt to update software of the ECU after the engine is stopped. On the other hand, in a case where the content of the in-area movement propriety 421 corresponding to the ECU is “True”, it is determined that the vehicle 200 can be made to travel without using the ECU (step S1200: Yes), and the processing proceeds to step S1201 (Kiyama et al. par. 109).
According to the cited passages and figures, examiner interprets the system can be specify at step 1200 in figure 10 whether the vehicle software can be updated during vehicle travel or not (state of the vehicle).
Regarding claim 7, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the vehicle state specifying section specifies, as the vehicle state, whether the vehicle is traveling by manual driving or by automated driving, and the notification control section determines a notification mode of the update information based on whether the vehicle is traveling by manual driving or the vehicle is traveling by automated driving as a result specified by the vehicle state specifying section.
In FIG. 9, a screen 1100 is an example of a screen displayed on the input and output device 234 in order to prompt the user to move the vehicle 200 into the communication area in step S809 of FIG. 6. The screen 1100 is constituted by screen regions respectively denoted by reference numerals 1101, 1102, and 1103. The screen region 1101 is a region indicating that the communication unit 220 is currently outside the communication area and it is necessary to move the vehicle 200 into the communication area in order to perform the recovery of ECU software on-line. The screen region 1102 is a region indicating a radio wave condition of the communication unit 220. The screen region 1103 is a region indicating the state of a function limitation of the vehicle 200. The screen 1100 shows a situation where, for example, the automatic driving ECU 245 fails in the updating of software and the vehicle 200 is in an area outside the communication area, by these screen regions. In this case, since the updating of software of the automatic driving ECU 245 is not successful, an automatic driving function is compulsorily turned off in the vehicle 200, but any influence is not exerted on manual driving. For this reason, the screen 1100 is displayed so that the user is prompted to manually move the vehicle 200 into an area within the communication area (Kiyama et al. par. 95).
According to the cited passages and figures, examiner interprets the vehicle system specify automatic driving mode is restrict vehicle from updating the software (see figure 9 of Kiyama et al.).
Regarding claim 8, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the notification control section determines any of a plurality of notification devices as a notification mode of the update information.
In the first embodiment, a description has been given of an example in which software of an ECU to be updated is updated in a state where the engine of the vehicle 200 is stopped, that is, a state where the vehicle 200 is not used. On the other hand, in a second embodiment, a description will be given of an example in which software of an ECU to be updated is updated even when the vehicle 200 is traveling. Meanwhile, a configuration of a software update system and a process of downloading update software in the second embodiment are the same as those described in FIGS. 1 to 4 in the first embodiment. For this reason, a description thereof will be omitted below. (Kiyama et al. par. 107). In FIG. 10, when the ECU software updating unit 214 receives an instruction for starting installation from the telematics center 100, determination in step S1200 is immediately performed without standing by until the engine of the vehicle 200 is stopped. In step S1200, the ECU software updating unit 214 determines whether or not ECU software to be updated can be updated during the traveling of the vehicle 200. This determination can be performed by the same method as that of step S807 of FIG. 6 described in the first embodiment. That is, the content of in-area movement propriety 421 of a function category to which the ECU belongs is confirmed in functional configuration information included in update information, and thus it is determined whether or not the vehicle 200 can be made to travel without using the ECU. As a result, in a case where the content of the in-area movement propriety 421 corresponding to the ECU is “False”, it is determined that the vehicle 200 cannot be made to travel without using the ECU (step S1200: No), and the processing of FIG. 10 is terminated. In this case, similarly to the first embodiment, there is an attempt to update software of the ECU after the engine is stopped. On the other hand, in a case where the content of the in-area movement propriety 421 corresponding to the ECU is “True”, it is determined that the vehicle 200 can be made to travel without using the ECU (step S1200: Yes), and the processing proceeds to step S1201 (Kiyama et al. par. 109).
According to the cited passages and figures, examiner interprets the system can be specify at step 1200 in figure 10 whether the vehicle software can be updated during vehicle travel or not (state of the vehicle).
Regarding claim 9, the combination of Kiyama et al. and Kato et al. disclose The update information notification device according to claim 2, wherein the notification control section determines amount of information to be notified as a notification mode of the update information.
Therefore, in the example of FIG. 4, the update controller 120 sets priorities for “Wi-Fi area AW1,” “Wi-Fi areas AW2 and AW4,” and “5G area 5A” in ascending order and allocates data amounts of update software to be downloaded in the set order of priority (Kato et al. par. 65). When data of update software is divided into modules or the like and downloaded, the update controller 120 may set an area in which download will be performed and a degree of data amounts to be downloaded. The update controller 120 causes the storage 160 to store a schedule of allocated download as the communication schedule information 166 (Kato et al. par. 66).
Regarding claim 12, Kiyama et al. teach A vehicle system comprising: a notification device configured to notify update information related to a software update when software of an electronic control device to be updated is updated by update software acquired from a distribution device; and an update information notification device configured to cause the notification device to notify the update information, wherein the update information notification device includes an update information acquisition section that acquires the update information, (Kiyama et al. US 20180074811 abstract; paragraphs [0005]-[0007]; [0021]-[0027]; [0029]; [0032]-[0040]; [0053]; [0059]-[0064]; [0067]-[0072]; [0078]-[0087]; [0094]-[0097]; [0100]-[0110];figures 1-12)
The central processing unit 231 is constituted by, for example, a CPU, a RAM, or the like, and executes a predetermined operation program to perform a process of realizing functions of the navigation terminal 230. The central processing unit 231 includes an update information display unit 232 as the function. The update information display unit 232 performs a display based on update information transmitted from the telematics center 100 on the input and output device 234. When an input to the effect that the updating of software is permitted is performed by a user by using the input and output device 234, permission information is acquired and is transmitted to the telematics center 100 (Kiyama et al. par. 38). The software update system of this embodiment manages the updating of software of an ECU which is in-vehicle equipment mounted on the vehicle 200, and includes the software updating device 210 mounted on the vehicle 200, and the telematics center 100 that communicates with the software updating device 210 through the network 300. The telematics center 100 includes the update software distribution unit 113 that distributes update software for updating software of the ECU to the software updating device 210. The software updating device 210 includes the storage device 215 that stores update software distributed from the telematics center 100 and stores update information regarding influence on the operation of the vehicle 200 in a case where the updating of software of an ECU is not successful and the ECU software updating unit 214 that updates the software of the ECU by using the update software stored in the storage device 215, and controls the operation of the ECU software updating unit 214 on the basis of the update information stored in the storage device 215. In this manner, it is possible to realize the updating of software of in-vehicle equipment based on OTA which is easy for a user to utilize (Kiyama et al. par. 100).
According to the cited passages and figures, examiner interprets a navigation terminal 230 include the update information display unit 232 as the update information notification device and telematic center include the update software distribution unit 113 as the distribution device.
and a notification control section that determines a notification mode of the update information and causes the notification device to notify the update information in accordance with a determined notification mode,
In step S809, the ECU software updating unit 214 prompts the user to move the vehicle 200 into the communication area. Here, the ECU software updating unit 214 gives a notification to the user by using the update information display unit 232 and the input and output device 234 of the navigation terminal 230. Specifically, the software updating device 210 outputs a message to the effect that the vehicle 200 has to be moved to a position where the vehicle can communicate with the telematics center 100 by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232, and thus the user is prompted to move the vehicle 200 into the communication area. Further, at this time, the ECU software updating unit 214 determines whether or not there is a limitation on the operation of the vehicle 200 which is moving on the basis of the update information which is downloaded from the telematics center 100 in step S605 of FIG. 4 and is stored in the storage device 215, and notifies the user of the content thereof in a case where it is determined that there is a limitation. Specifically, the speed limitation 422, the function limitation 423, and the user notification content 424 which correspond to the ECU are retrieved from the functional configuration information included in the update information by using the function category specified in step S807 as a retrieval key. The presence or absence of a speed limitation or a function limitation with respect to the operation of the vehicle 200 which is moving is confirmed and the content of a notification given to the user is confirmed on the basis of the retrieved data contents, and a notification is given to the user by the display of an image or a sound by the input and output device 234 according to the control of the update information display unit 232. When these notifications are given, the ECU software updating unit 214 stands by until the vehicle 200 is moved into the communication area, and the processing proceeds to step S900 of FIG. 7 (Kiyama et al. par. 82).
Kiyama et al. do not explicitly teach an occupant state specifying section that specifies an occupant state indicating a state of an occupant, a vehicle state specifying section that specifies a vehicle state indicating a state of a vehicle, and the notification control section determines a notification mode of the update information based on a case classified according to a combination of the occupant state specified by the occupant state specifying section and the vehicle state specified by the vehicle state specifying section.
Kato et al. teach an occupant state specifying section that specifies an occupant state indicating a state of an occupant, a vehicle state specifying section that specifies a vehicle state indicating a state of a vehicle, (Kato et al. US 20200371774 abstract; paragraphs [0006]-[0016]; [0035]; [0041]-[0048]; [0054]; [0058]-[0068]; [0070]; [0076]-[0087]; [0090]-0096]; [0110]; figures 1-16)
In the aspect of (1), the software updating device further includes an action predictor configured to perform prediction of a future action of the vehicle on the basis of past communication states managed by the communication state manager, wherein a region in which communication for updating the software will be performed is set on the basis of a future action of the vehicle predicted by the action predictor (Kato et al. par. 9). In the aspect of (3), the action predictor estimates a state of an occupant of the vehicle from a captured image of the occupant and performs prediction of a future action of the vehicle on the basis of the estimated state of the occupant (Kato et al. par. 10). The action predictor 145 may estimate a state of an occupant (e.g., a driver) from an image captured by the in-vehicle camera 70 and perform prediction of an action of the vehicle M on the basis of the estimated state. For example, the state of the occupant includes some or all of drowsiness, the direction of the line of sight, emotion, and the like (Kato et al. par. 86). In addition, the action predictor 145 performs prediction of a future action of the vehicle M on the basis of the travel state of the vehicle M, the state of the occupant, and the communication history information 164. For example, when there are two routes predicted from the current travel state of the vehicle M and it is assumed that the occupant is drowsy (eyelids come down) or the occupant is angry, the action predictor 145 determines that the vehicle M is highly likely to be parked soon and performs action prediction having a route having a shorter distance (route having a shorter distance to an estimated destination) between the two predicted routes as a predicted route. When it is assumed that the occupant is not drowsy or is smiling, the action predictor 145 determines that the occupant is highly likely to continue driving and performs action prediction having a route having a longer distance (route having a longer distance to an estimated destination) between the two predicted routes as a predicted route. Accordingly, the action predictor 145 can perform action prediction with higher accuracy (Kato et al. par. 87).
and the notification control section determines a notification mode of the update information based on a case classified according to a combination of the occupant state specified by the occupant state specifying section and the vehicle state specified by the vehicle state specifying section.
The action predictor 145 performs prediction of a future action of the vehicle M on the basis of the communication history information 164 when a software update notification or an action prediction instruction is received from the update controller 120A. For example, the action predictor 145 acquires a current travel state of the vehicle M on the basis of positional information of the vehicle M, variation in the positional information in a predetermined time, a vehicle speed, or a traveling direction. The action predictor 145 acquires communication method information, a data amount, data contents, and the like associated with positional information approximate to the position of the vehicle M with reference to the communication history information 164 on the basis of the position of the vehicle M. The action predictor 145 performs action prediction from the current position of the vehicle M on the basis of positional information and date/time information of the communication history information 164 (Kato et al. par. 84).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the claim invention to include a camera and action predictor taught by Kato et al. reference into the modified system of Kiyama et al. reference in order to determine state of vehicle in response to occupant condition.
Regarding claim 13, Kiyama et al. teach A non-transitory computer readable storage medium storing an update information notification program that causes a control section of an update information notification device that causes a notification device to notify update information related to a software update when software of an electronic control device to be updated is updated by update software acquired from a distribution device to perform: (Kiyama et al. US 20180074811 abstract; paragraphs [0005]-[0007]; [0021]-[0027]; [0029]; [0032]-[0040]; [0053]; [0059]-[0064]; [0067]-[0072]; [0078]-[0087]; [0094]-[0097]; [0100]-[0110];figures 1-12)
The central processing unit 231 is constituted by, for example, a CPU, a RAM, or the like, and executes a predetermined operation program to perform a process of realizing functions of the navigation terminal 230. The central processing unit 231 includes an update information display unit 232 as the function. The update information display unit 232 performs a display based on update information transmitted from the telematics center 100 on the input and output device 234. When an input to the effect that the updating of software is permitted is performed by a user by using the input and output device 234, permission information is acquired and is transmitted to the telematics center 100 (Kiyama et al. par. 38). The software update system of this embodiment manages the updating of software of an ECU which is in-vehicle equipment mounted on the vehicle 200, and includes the software updating device 210 mounted on the vehicle 200, and the telematics center 100 that communicates with the software updating device 210 through the network 300. The telematics center 100 includes the update software distribution unit 113 that distributes update software for updating software of the ECU to the software updating device 210. The software updating device 210 includes the storage device 215 that stores update software distributed from the telematics center 100 and stores update information regarding influence on the operation of the vehicle 200 in a case where the updating of software of an ECU is not successful and the ECU software updating unit 214 that updates the software of the ECU by using the update software stored in the storage device 215, and controls the operation of the ECU software updating unit 214 on the basis of the update information stored in the storage device 215. In this manner, it is possible to realize the updating of software of in-vehicle equipment based on OTA which is easy for a user to utilize (Kiyama et al. par. 100).
According to the cited passages and figures, examiner interprets a navigation terminal 230 include the update information display unit 232 as the update information notification device and telematic center include the update software distribution unit 113 as the distribution device.
Kiyama et al. do not explicitly teach acquiring the update information; specifying an occupant state indicating a state of an occupant; specifying a vehicle state indicating a state of a vehicle; determining a notification mode of the update information based on a case classified according to a combination of the occupant state specified and the vehicle state specified; and causing the notification device to notify the update information in accordance with the notification mode determined.
Kato et al. teach acquiring the update information; specifying an occupant state indicating a state of an occupant; specifying a vehicle state indicating a state of a vehicle; (Kato et al. US 20200371774 abstract; paragraphs [0006]-[0016]; [0035]; [0041]-[0048]; [0054]; [0058]-[0068]; [0070]; [0076]-[0087]; [0090]-0096]; [0110]; figures 1-16)
In the aspect of (1), the software updating device further includes an action predictor configured to perform prediction of a future action of the vehicle on the basis of past communication states managed by the communication state manager, wherein a region in which communication for updating the software will be performed is set on the basis of a future action of the vehicle predicted by the action predictor (Kato et al. par. 9). In the aspect of (3), the action predictor estimates a state of an occupant of the vehicle from a captured image of the occupant and performs prediction of a future action of the vehicle on the basis of the estimated state of the occupant (Kato et al. par. 10). The action predictor 145 may estimate a state of an occupant (e.g., a driver) from an image captured by the in-vehicle camera 70 and perform prediction of an action of the vehicle M on the basis of the estimated state. For example, the state of the occupant includes some or all of drowsiness, the direction of the line of sight, emotion, and the like (Kato et al. par. 86). In addition, the action predictor 145 performs prediction of a future action of the vehicle M on the basis of the travel state of the vehicle M, the state of the occupant, and the communication history information 164. For example, when there are two routes predicted from the current travel state of the vehicle M and it is assumed that the occupant is drowsy (eyelids come down) or the occupant is angry, the action predictor 145 determines that the vehicle M is highly likely to be parked soon and performs action prediction having a route having a shorter distance (route having a shorter distance to an estimated destination) between the two predicted routes as a predicted route. When it is assumed that the occupant is not drowsy or is smiling, the action predictor 145 determines that the occupant is highly likely to continue driving and performs action prediction having a route having a longer distance (route having a longer distance to an estimated destination) between the two predicted routes as a predicted route. Accordingly, the action predictor 145 can perform action prediction with higher accuracy (Kato et al. par. 87).
determining a notification mode of the update information based on a case classified according to a combination of the occupant state specified and the vehicle state specified; and causing the notification device to notify the update information in accordance with the notification mode determined.
The action predictor 145 performs prediction of a future action of the vehicle M on the basis of the communication history information 164 when a software update notification or an action prediction instruction is received from the update controller 120A. For example, the action predictor 145 acquires a current travel state of the vehicle M on the basis of positional information of the vehicle M, variation in the positional information in a predetermined time, a vehicle speed, or a traveling direction. The action predictor 145 acquires communication method information, a data amount, data contents, and the like associated with positional information approximate to the position of the vehicle M with reference to the communication history information 164 on the basis of the position of the vehicle M. The action predictor 145 performs action prediction from the current position of the vehicle M on the basis of positional information and date/time information of the communication history information 164 (Kato et al. par. 84).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the claim invention to include a camera and action predictor taught by Kato et al. reference into the modified system of Kiyama et al. reference in order to determine state of vehicle in response to occupant condition.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kiyama et al. US 20180074811 in view of Kato et al. US 20200371774 and further in view of Hu et al. US 20190087203.
Regarding claim 5, the combination of Kiyama et al. and Kato et al. teach all the limitation in the claim 4.
The combination of Kiyama et al. and Kato et al. do not explicitly teach The update information notification device according to claim 4, wherein the notification control section causes the notification device to notify, as the update information, a function subject to use restriction during a software update in a form of an icon display.
Hu et al. teach The update information notification device according to claim 4, wherein the notification control section causes the notification device to notify, as the update information, a function subject to use restriction during a software update in a form of an icon display.(Hu et al. US 20190087203 abstract; paragraphs [0004]-[0006]; [0038]; [0044]; [0053]; figures 1-6)
By accommodating and considering context related to applications, the vehicle can achieve a somewhat dynamic display of applications, when application display is restricted to limited icons, and prevent a user from having to, for example, stop a vehicle in order to unlock an entire set of possible applications (Hu et al. par. 53).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the claim invention to substitute icon display taught by Hu et al. reference into the modified system of Kiyama et al. and Kato et al. reference and the result of substitution would be predictable as user set for icon display.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kiyama et al. US 20180074811 in view of Kato et al. US 20200371774 and further in view of Inoue US 20230297363.
Regarding claim 10, the combination of Kiyama et al. and Kato et al. teach all the limitation in the claim 2.
The combination of Kiyama et al. and Kato et al. do not explicitly teach The update information notification device according to claim 2, wherein the notification control section determines the notification mode of the update information such that, when the vehicle state specifying section specifies that the vehicle is traveling, amount of information to be notified is less than when the vehicle state specifying section specifies that the vehicle is stopped.
Inoue teaches The update information notification device according to claim 2, wherein the notification control section determines the notification mode of the update information such that, when the vehicle state specifying section specifies that the vehicle is traveling, amount of information to be notified is less than when the vehicle state specifying section specifies that the vehicle is stopped. (Inoue US 202302097363 abstract; paragraphs [0017]-[0019]; [0021]-[0029]; [0040]-[0043]; figures 1-10)
It is assumed that the vehicle 20 is traveling at a start timing of the time chart shown in FIG. 3. At a time t1, when notified from the server 70 that an update program of the ECU 205 exists, the ECU 202 starts downloading the update software while the vehicle 20 is traveling. Upon completing the download at a time t2, the update control unit 240 starts writing the update program in the ECU 205 to be the software update target. Upon completing the writing of the update software in the ECU 205 at a time t3, the notification control unit 220 causes the IVI 299 to display a notification representing that the writing of the update software has been completed until a time t4. An example of this notification is shown in FIG. 4 (Inoue par. 41). At this time, the notification control unit 220 determines whether the vehicle 20 is in a state where the software update of the ECU 205 can be executed, and causes the IVI 299 to display update information corresponding to the determination result (Inoue par. 42).
According to the cited passages and figures, examiner interprets the notification pop up when the vehicle is stopped (see figures 3-4).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the claim invention to provide a software notification to a user during a vehicle stop taught by Inoue reference into the modified system of Kiyama et al. and Kato et al. reference in order to reduce driver distractive.
Allowable Subject Matter
Claim 11 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 11, Kiyama et al. US 20180074811, Kato et al. US 20200371774, Inoue US 202302097363, Kato et al. US 20200371773, Yoshida et al. US 20190267847, Tillman et al. US 20190108010, Masuo et al. US 20200300655, Ullman et al. US 20210191707, Kikuchi et al. US 20240362007, Miura US 20200065087, Shinohara US 20230001943 and Yang et al. US 11242811 are the closest art. They are teaching every limitation of claim 11 except for a limitation cited “The update information notification device according to claim 2, wherein the notification control section determines a plurality of notification devices as a notification mode of the update information in a case where the occupant state specifying section specifies that there are a plurality of occupants.”.
After update search, there are none of the prior arts of record singularly or combination, teaches or fairly suggest the features present in the claim 11 “The update information notification device according to claim 2, wherein the notification control section determines a plurality of notification devices as a notification mode of the update information in a case where the occupant state specifying section specifies that there are a plurality of occupants.”.
Prior arts of record fail to disclose “The update information notification device according to claim 2, wherein the notification control section determines a plurality of notification devices as a notification mode of the update information in a case where the occupant state specifying section specifies that there are a plurality of occupants.”. However, upon consideration of the claim invention, there is no reasoning to combine the applied references to arrive in the context of the claim invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG D TRAN whose telephone number is (408)918-7546. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm (pacific time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian A Zimmerman can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THANG D TRAN/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686
Prosecution Insights