DETAILED ACTION
Claims 1-17 and 19-21 are pending in this 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/9/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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, 3, 5, 9, 12, 14, 16-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario (US PGPUB No. 2017/0220404) in view of Langford et al. (US PGPUB No. 2004/0205328) [hereinafter “Langford”] in further view of Duran et al. (US PGPUB No. 2020/0019397) [hereinafter “Duran”] in further view of Shen et al. (CN-113342697-A) [hereinafter “Shen”].
As per claim 1, Polar Seminario teaches a method of improving security and reliability of cloud-based systems, the method comprising: downloading, by a networked device, a firmware image ([0025], downloading a desired version of a firmware to be booted on an IED see [0363]); cryptographically verifying the firmware image ([0036], verifying a digital signature of a second firmware); and booting the networked device using the firmware image ([0363], booting an intelligent electronic device using various run firmware).
Polar Seminario does not explicitly teach a temporary firmware image. Langford teaches a temporary firmware image ([0037], Tside or temporary firmware images distinguished from Pside or permanent firmware images).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario with the teachings of Langford, a temporary firmware image, to allow for separation between different firmware images for security or processing purposes.
The combination of Polar Seminario and Langford does not explicitly teach during a boot process for booting a networked device, downloading by the networked device and into volatile memory a temporary firmware image from a server with respect to the networked device. Duran teaches during a boot process for booting a networked device, downloading by the networked device and into volatile memory a temporary firmware image from a server with respect to the networked device ([0043] and Fig. 4, downloading firmware across a network from an external firmware provider server during a secure boot device state see [0033] – firmware is subject to rollback policy and will be changed so is interpreted as temporary see Abstract).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario and Langford with the teachings of Duran, during a boot process for booting a networked device, downloading by the networked device and into volatile memory a temporary firmware image from a server with respect to the networked device, to allow for separation between different firmware images for security or processing purposes immediately upon download during start up.
The combination of Polar Seminario, Langford and Duran does not explicitly teach an emulated flash module used to store a firmware image. Shen teaches an emulated flash module used to store a firmware image (Abstract and Page 2 para. 4-8, virtual flash memory that is used to store many types of test data including the firmware image taught in Polar Seminario).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford and Duran with the teachings of Shen, during a boot process for booting a networked device, an emulated flash module used to store a firmware image, to allow for emulated security features that can be applied to a virtual object.
As per claim 2, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein the emulated flash module is separate from main memory of the networked device (Shen; Page 4 para. 7, one embodiment for the virtual flash is in a electronic device with a separate memory see Page 10 para. 15).
As per claim 3, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein the downloading of the temporary firmware image is implemented via a hardware-implemented network connection (Polar Seminario; [0091], network interface can be hardwired or wireless) also (Polar Seminario; [0076]-[0077], all functions and components can be implemented via hardware and/or software) including (Polar Seminario; [0025], downloading desired firmware versions via network interface).
As per claim 5, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein the downloading of the temporary firmware image is implemented via a boot processor (Polar Seminario; [0082], boot code/flash included in CPU) executing a software-assisted network connection (Polar Seminario; [0076]-[0077], all functions and components can be implemented via hardware and/or software) including (Polar Seminario; [0025], downloading desired firmware versions via network interface).
As per claim 9, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein downloading the temporary firmware image further comprises downloading during a boot process the temporary firmware image to DRAM (dynamic random access memory). (Duran; Abstract, downloading firmware into main memory, i.e. RAM memory see Col. 14 lines 1-8) (Examiner Note: RAM memory includes DRAM memory).
As per claim 12, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein the networked device comprises a server (Polar Seminario; [0105]-[0107], where the PC client or the IED can comprise a server).
As per claim 14, the substance of the claimed invention is identical or substantially similar to that of claim 1. Accordingly, this claim is rejected under the same rationale.
As per claim 16, the substance of the claimed invention is identical or substantially similar to that of claim 3. Accordingly, this claim is rejected under the same rationale.
As per claim 17, the substance of the claimed invention is identical or substantially similar to that of claim 1. Accordingly, this claim is rejected under the same rationale.
As per claim 19, the combination of Polar Seminario, Langford, Kulchytskyy and Shen teaches the computer program product of claim 17, wherein the computer readable medium comprises a storage medium (Langford; [0041], recordable-type media, i.e. storage media including hard disks and floppy disks).
As per claim 20, the substance of the claimed invention is identical or substantially similar to that of claim 3. Accordingly, this claim is rejected under the same rationale.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Jung et al. (US PGPUB No. 2014/0325605) [hereinafter “Jung”].
As per claim 15, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, wherein the temporary firmware image is downloaded from the cloud ([0411[, downloading firmware from the cloud).
The combination of Polar Seminario, Langford, Duran and Shen do not explicitly teach a cloud server controller. Jung teaches a cloud server controller (Abstract, cloud server controller monitoring and controlling access to stored file data).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Jung, a cloud server controller, to tailor the access of particular firmware at the storage location in the cloud.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Palermo et al. (US PGPUB No. 2021/0117224) [hereinafter “Palermo”].
As per claim 4, the combination of Polar Seminario, Langford and Duran teaches the method of claim 3.
The combination of Polar Seminario, Langford, Duran and Shen does not explicitly teach wherein the hardware-implemented network connection comprises a field programmable gate array (FPGA). Palermo teaches wherein the hardware-implemented network connection comprises a field programmable gate array ([0010], network connection of VM on cloud implemented with FPGA).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Palermo, wherein the hardware-implemented network connection comprises a field programmable gate array, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Tumuluru et al. (US PGPUB No. 2018/0184161) [hereinafter “Tumuluru”].
As per claim 6, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 5.
The combination of Polar Seminario, Langford, Duran and Shen does not explicitly teach an early-stage boot loader. Tumuluru teaches an early-stage boot loader ([0045], a first stage or early-stage bootloader used during boot process).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Tumuluru, an early-stage boot loader, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran, Shen and Tumuluru in further view of Visinescu et al. (US PGPUB No. 2018/0103029) [hereinafter “Visinescu”].
As per claim 7, the combination of Polar Seminario, Langford, Duran, Shen and Tumuluru teaches the method of claim 6 as well as the early-stage boot loader stored in persistent memory (Tumuluru; [0045], storing boot loaders in persistent memory).
The combination of Polar Seminario, Langford, Duran, Shen and Tumuluru does not explicitly teach wherein the early-stage boot loader is stored in an immutable, write-protected memory. Visinescu teaches wherein the early-stage boot loader is stored in an immutable, write-protected memory ([0019], storing boot loader in write-protected memory).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran, Shen and Tumuluru with the teachings of Visinescu, wherein the early-stage boot loader is stored in an immutable, write-protected memory, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Chang et al. (US PGPUB No. 2018/0253259) [hereinafter “Chang”].
As per claim 8, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 5 as well as a temporary firmware image (Langford; [0037], Tside or temporary firmware images distinguished from Pside or permanent firmware images).
The combination of Polar Seminario, Langford, Duran and Shen teaches wherein instructions executed by the boot processor after downloading the temporary firmware image are provided from the temporary firmware image. Chang teaches wherein instructions executed by the boot processor after downloading the temporary firmware image are provided from the temporary firmware image ([0026], command and boot processors storing instructions and operating based on downloaded firmware image).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Chang, wherein instructions executed by the boot processor after downloading the temporary firmware image are provided from the temporary firmware image, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Jagtap et al. (US Patent No. 10,642,747) [hereinafter “Jagtap”].
As per claim 10, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 9, as well as, storage of the temporary firmware image ([0037], temporary firmware image are stored at least temporarily on system).
The combination of Polar Seminario, Langford, Duran and Shen does not explicitly teach an emulated flash interface. Jagtap teaches an emulated flash interface (Abstract, emulated flash device with flash interface).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Jagtap, an emulated flash interface, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran, Shen and Jagtap in further view of Zander et al. (US PGPUB No. 2018/0089435) [hereinafter “Zander”].
As per claim 11, the combination of Polar Seminario, Langford, Duran, Shen and Jagtap teaches the method of claim 10 as well as an emulated flash interface (Jagtap; Abstract).
The combination of Polar Seminario, Langford, Duran, Shen and Jagtap does not explicitly teach wherein a flash interface is compatible with a serial peripheral interface (SPI) flash module. Zander teaches wherein a flash interface is compatible with a serial peripheral interface (SPI) flash module ([0024], emulating secure flash or serial peripheral flash interface for host module).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran, Shen and Jagtap with the teachings of Zander, wherein a flash interface is compatible with a serial peripheral interface (SPI) flash module, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Lamber et al. (US PGPUB No. 2007/0186086) [hereinafter “Lambert”].
As per claim 13, the combination of Polar Seminario, Langford, Duran and Shen teaches the method of claim 1, as well as, booting the network device using the temporary firmware image retrieved by the network device via a connection, wherein the temporary firmware image is retrieved by the network device from DRAM memory (Duran; Abstract, booting network device by using updated firmware stored in main memory, i.e. RAM memory see Col. 14 lines 1-8) (Examiner Note: RAM memory includes DRAM memory).
The combination of Polar Seminario, Langford, Duran and Shen does not explicitly teach a Baseboard Management Controller (BMC) of a server retrieving data using a SPI bus. Lambert teaches a Baseboard Management Controller (BMC) of a server (Abstract, transferring firmware images to a baseboard management controller from a chassis management controller) retrieving data using a SPI bus ([0023], BMC can include various buses for communication including SPI bus).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Lambert, a Baseboard Management Controller (BMC) of a server retrieving data using a SPI bus, to provide well-known hardware solutions for connecting the cloud server to its clients.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Polar Seminario, Langford, Duran and Shen in further view of Rangel et al. (US PGPUB No. 2017/0041205) [hereinafter “Rangel”].
As per claim 21, the combination of Polar Seminario, Langford, Duran and Shen teaches the computer program product of claim 17 as well as temporary firmware images see rejection of claim 1 and 17 above.
The combination of Polar Seminario, Langford, Duran and Shen does not explicitly teach downloading firmware from a cloud server controller. Rangel teaches downloading firmware from a cloud server controller ([0037], downloading firmware from a cloud server to a peripheral device – cloud server performs analysis/account management/predictive modeling which makes it a controller).
At the time of filing, it would have been obvious to one of ordinary skill in the art to combine Polar Seminario, Langford, Duran and Shen with the teachings of Rangel, downloading firmware from a cloud server controller, to extend the flexibility provided by temporary firmware images to widely used systems such as the could.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 1-17, 19 and 20 under 35 U.S.C. 103 have been considered but are moot in light of the newly introduced prior art reference, Duran and Rangel.
To expedite prosecution, Examiner is open to conducting an after-final interview to discuss claim amendments to overcome the current rejection and/or place the application in condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (US PGPUB No. 2013/0227543), Cheng et al. (CN-101420431-A), Sato (US PGPUB No. 2012/0257248), Unterschütz et al. ("Fail-safe over-the-air programming and error recovery in wireless networks," Proceedings of the 10th International Workshop on Intelligent Solutions in Embedded Systems, Klagenfurt, Austria, 2012, pp. 27-32) and Sorensen et al. ("Evaluating Differential Firmware Updates for Embedded IoT Device Fleets," 2025 IEEE 21st International Conference on Factory Communication Systems (WFCS), Rostock, Germany, 2025, pp. 1-8, doi: 10.1109/WFCS63373.2025.11077647), all disclose various aspects of downloading temporary firmware images and virtual flash systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER C SHAW whose telephone number is (571)270-7179. The examiner can normally be reached Max Flex.
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/PETER C SHAW/Primary Examiner, Art Unit 2493 January 4, 2026
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