Prosecution Insights
Last updated: April 19, 2026
Application No. 18/364,395

COMMUNAL UPDATING DEVICE

Non-Final OA §102
Filed
Aug 02, 2023
Examiner
KENDALL, CHUCK O
Art Unit
2192
Tech Center
2100 — Computer Architecture & Software
Assignee
Red Bend Ltd.
OA Round
3 (Non-Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
796 granted / 914 resolved
+32.1% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
938
Total Applications
across all art units

Statute-Specific Performance

§101
11.9%
-28.1% vs TC avg
§103
22.8%
-17.2% vs TC avg
§102
52.3%
+12.3% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 914 resolved cases

Office Action

§102
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 RCE filed 02/09/26. Claims 1 – 19 has been amended and are now 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) 16, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winston et al. US 20150281302 A1. Claim 16, (Currently amended) Winston anticipates a method for updating each of a plurality of mobile devices, comprising: using at least one processor for: while an end device of the plurality of devices is charging at a charging station or docked at a docking station, the end device not including an updating agent deployed thereon, establishing a communication channel with the end device without an updating agent deployed thereon, and, in response, automatically obtaining metadata stored on the end device from the end device [0044, shows the Charging station, the Charging Server, the stored metadata and charging state and communication]; selecting an update server from a plurality of update servers according to the metadata [0047, shows a multitude of different servers associated to device updating]; obtaining, from the update server, an indication of update code for installation on the end device; and updating the end device with the update code; wherein the metadata includes one or more data elements used for determining which update code to provide to the end device [0044- 0047, see server, update, installation and metadata]. Allowable Subject Matter Regarding Claims 1 -15, 18 and 19 the limitations are allowable for the following limitations and aren’t taught in prior art: Regarding claims 1 – 15 and 18: “…establish a first dedicated communication channel with a first end device without an over the air (OTA) update agent deployed thereon, and establish a second dedicated communication channel with a second end device without an OTA update agent deployed thereon, the second dedicated communication channel different from the first dedicated communication channel; in response to the first dedicated communication channel being established with the first end device, automatically receive a first message from the first end device including a first set of metadata; in response to the second dedicated communication channel being established with the second end device, automatically receive a second message from the second end device including a second set of metadata, the second set of metadata different from the first set of metadata; obtaining metadata from an end device without an updating agent deployed thereon; from a plurality of update servers, selecting a first update server from a plurality of update servers that generates update packages and manages updates for the first end device according to the first set of metadata, and select a second update server that generates update packages and manages updates for the second end device according to the second set of metadata, the second update server different from the first update server; obtain from the first update server, a first indication of a first update code for installation on the first end device; obtain, from the second update server, a second indication of a second update code for installation on the second end device; update the first end device with the first update code while the first end device is either charging or docking; and update the second end device with the second update code while the second end device is either charging or docking. wherein the metadata is obtained via a message sent automatically by the end device when a communication channel is established with the end device, and the metadata includes one or more data elements used for determining which update code to provide to the end device….” Regarding claim 19: “… accessing a mapping dataset that maps one or more fields of the metadata to a network address of the update server; and selecting the update server based on the mapping dataset… Correspondence 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /Chuck O Kendall/ Primary Examiner, Art Unit 2192
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Prosecution Timeline

Aug 02, 2023
Application Filed
Apr 03, 2025
Non-Final Rejection — §102
Jul 08, 2025
Response Filed
Oct 04, 2025
Final Rejection — §102
Feb 09, 2026
Request for Continued Examination
Feb 22, 2026
Response after Non-Final Action
Mar 19, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+7.7%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 914 resolved cases by this examiner. Grant probability derived from career allow rate.

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