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 .
This is in response to Application filed 09/30/25. Claims 1 – 20 has been examined and is pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bhimanadhun et al. US 20200133652 A1.
Regarding claims 1 and 11, Bhimanadhun anticipates a method for updating firmware and a computer network comprising of a first peripheral device of a first computer system in a computer network, the first computer system comprising a first host, a first system on chip (SoC), and a first basic input/output system (BIOS), the first host being coupled to the first SoC, the first SoC being coupled to the first BIOS, the first BIOS being coupled to the first peripheral device [0026, see HOST and UEFI as well as BIOS], the method/computer comprising:
a first operating system (OS) running on the first host controlling the first SoC to initiate a firmware update of the first peripheral device; in response to the firmware update of the first peripheral device, the first SoC enabling the first BIOS to enter a first unified extensible firmware interface (UEFI) [0022, see SOC and also refer to 0026, see HOST and UEFI as well as BIOS],
the first UEFI executing an update script to update a peripheral firmware to the first peripheral device; and performing a reboot to complete the firmware update of the first peripheral device [0039, see pre-boot and reboot as well as updating firmware].
Regarding claims 2 and 12 the method/computer network of Claim 1, wherein the update script is stored in the first host [0023, show storing update firmware image].
Regarding claims 3 and 13, The method/computer of Claim 1, wherein: the peripheral firmware is stored in the first host; and the first UEFI executing the update script to update the peripheral firmware to the first peripheral device comprises: the first UEFI obtaining the peripheral firmware from the first host [0025 – 0026, see BIOS and UEFI as well as firmware and update].
Regarding claims 4 and 14, the method/computer of Claim 1, wherein the first SoC enabling the first BIOS to enter the first UEFI comprises: after the first computer system is rebooted, the first SoC enabling the first BIOS to enter the first UEFI [0025 – 0026, see UEFI and boot services].
Regarding claims 5 and 15, the method/computer of Claim 1, wherein the first operating system running on the first host computer controlling the first SoC to initiate the firmware update of the first peripheral device comprises:
the first operating system sending a first instruction to the first SoC to enable the first BIOS to enter the first UEFI [0022 – 0026, see SOC and UEFI].
Regarding claims 6 and 16, the method/computer of Claim 5, wherein the first operating system running on the first host computer controlling the first SoC to initiate the firmware update of the first peripheral device further comprises:
the first operating system sending a second instruction to the first SoC to designate the first peripheral device to perform the firmware update [0022 – 0026, see SOC and peripheral device].
Regarding claims 7 and 17, the method/computer of Claim 5, wherein the first operating system running on the first host computer controlling the first SoC to initiate the firmware update of the first peripheral device further comprises:
the first operating system sending a second instruction to the first SoC to designate the first peripheral device and another peripheral device of the first computer system to perform the firmware update [0022 – 0026, see SOC and PCIe device].
Regarding claims 8 and 18, the method/computer of Claim 1, wherein the first peripheral device is a peripheral component interconnect express (PCI-E) device [0022 – 0026, see PCIe device].
Regarding claims 9 and 19, the method/computer of Claim 1, wherein the first SoC is a baseboard management controller (BMC) [0020 – 0022, see BMC and SOC].
Regarding claims 10 and 20, the method/computer of Claim 1, wherein the computer network further comprises a central control computer and a second computer system, and the second computer system comprising a second host, a second SoC, a second BIOS, the second host being coupled to the second SoC, the second SoC being coupled to the second BIOS, and the second BIOS being coupled to a second peripheral device of the second computer system, the central control computer being coupled to the first computer system and the second computer system, the method/computer further comprising:
the central control computer sending a firmware update instruction to trigger the first computer system to perform the firmware update of the first peripheral device and trigger the second computer system to perform a firmware update of the second peripheral device;
a second operating system running on the second host controlling the second SoC to initiate the firmware update of the second peripheral device; [0022 – 0026] in response to the firmware update of the second peripheral device, the second SoC enabling the second BIOS to enter a second UEFI; the second UEFI executing the update script to update the peripheral firmware to the second peripheral device; and performing a reboot to complete the firmware update of the second peripheral device [0025 – 0026m see UEFI and boot services].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bisa US 10996942 B1 also discloses updating firmware in a similar configuration which includes BIOS rebooting, UEFI and PCIE devices.
Response to Arguments
Applicant's arguments filed 09/30/25 have been fully considered but they are not persuasive. In page 4 of applicants arguments which coincides with page 10 of his response, Applicant argues that, “…Bhimanadhun fails to disclose or suggest the distinguishing features of Claim 1 "a first operating system (OS) running on the first host controlling the first SoC to initiate a firmware update of the first peripheral device" .
Contrary to argument. In 0054 show two separation operating system. Windows and a linux operating system, as well as in 0008 shows, “…processor of the host a first replacement firmware image of a first device of the host…”. As noted this shows each of said operating system would in fact have a first host, a first system on chip a first basic input/output system being utilizing during firmware updating.
Correspondence Information
8. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chuck Kendall whose telephone number is 571-272-3698. The examiner can normally be reached on 10:00 am - 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung Sough can be reached on 571-272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUCK O KENDALL/
Primary Examiner, Art Unit 2192