Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 Mar 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This Action addresses the communication received on 11 Sep 2025. Applicant has amended Claims 1 and 11-12. The Office rejects pending Claims 1-12 as detailed below.
Claim Interpretation
Based on Applicant’s amendments, the Office no longer interprets Claim 1 and the corresponding dependent claims under 112(f).
Claim Rejections - 35 USC § 112(a), (b)
Based on Applicant’s amendments, the Office withdraws the 112(a) and 112(b) rejections to Claim 1 and the corresponding dependent claims.
Claim Rejections - 35 USC § 101
Based on Applicant’s amendments, the Office withdraws the 101 rejections to independent Claims 1, 11, 12, and all corresponding dependent claims.
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 Office rejects Claims 1-2 and 11-12 under 35 U.S.C. 103 as unpatentable over AAPA (Applicant Admitted Prior Art; Spec. ¶s 2-8, Background Art section) in view of Bowden (Zac Bowden; "Microsoft Rolls out Windows 10 19H1 Build 18282 with New Light Theme, Wallpaper, and More"; WindowsCentral.com website [full URL included in ref.]; 14 Nov 2018):
As for Claim 1, AAPA teaches a detection unit that detects, when a computer needs to be restarted in applying a security patch to software that supports a multi-session model and is accessed and used by a plurality of users (¶5: “Therefore, in the multi-session model, the users of the plurality of thin client terminal apparatuses connected to the virtual machine in which the multi-session OS is installed perform various uses. For this reason, when a security patch that requires a restart is applied to the multi-session OS, use by the users is affected if the restart timing is not appropriate.” That is, multi-session models are well known, as is the need to update the OS with a security patch, which can be a problem if the system is rebooted while in use by the various users.) AAPA does not explicitly teach the remaining limitations.
But Bowden teaches one or more non-use periods that are equal to or longer than a time required for the restart and in which none of the users are using the computer, using information regarding the time required for the restart and use history information indicating use histories of the respective users of the computer; a restart instruction unit that sets a restartable period to a period later than a current point of time based on the detected one or more non-use periods, and gives an instruction for applying the security patch and restarting the computer in the restartable period; and a restart execution unit that applies the security patch based on the instruction (P4/4: “Intelligent Active Hours: Setting your active hours will let Windows know when to avoid rebooting your device. However, we understand some of our users have shifting productivity schedules and remembering to adjust Active hours can be a challenge. Now, Windows can automatically adjust active hours for you based on your device activity. Just go into 'Settings > Update and Security > Windows Update > Change active hours' page to turn this setting on and know that reboots will not disrupt your productive time.”)
It 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 to combine AAPA and Bowden because avoiding interruptive reboots for users is even more important in a multi-user model where more user would be negatively affected by a disruption.
As for Claim 2, which depends on Claim 1, Bowden teaches wherein the use history information is information in which user identification information for identifying the users, use specifying information for specifying use, use period information indicating a period of use, and operation identification information for identifying an operation performed in use are associated with each other (P4/4: “Intelligent Active Hours: Setting your active hours will let Windows know when to avoid rebooting your device. However, we understand some of our users have shifting productivity schedules and remembering to adjust Active hours can be a challenge. Now, Windows can automatically adjust active hours for you [identified user] based on your device activity [use period and activity information]. Just go into 'Settings > Update and Security > Windows Update > Change active hours' page to turn this setting on and know that reboots will not disrupt your productive time.”)
Claims 11 and 12 recite substantially the same subject matter as Claim 1 and stand rejected on the same basis accordingly.
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The Office rejects Claims 3-10 under 35 U.S.C. 103 as unpatentable over AAPA and Bowden in view of Microsoft (“Log off or Disconnect User Sessions”; Microsoft.com website [full URL included in ref.]; 22 Mar 2021):
As for Claim 3, which depends on Claim 1, AAPA and Bowden do not explicitly teach suspending users who have an active session, but who are not actively using the system.
But Microsoft teaches wherein, when the unused period cannot be detected, the detection unit further detects one or more suspendable periods that are equal to or longer than the time required for the restart and during which, even if the computer is being used by any of the users, use by the users is suspendable at the same time, using non-use detection rule information set in advance and the use history information (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., users that are detected to be in a suspendable, non-use period].”)
It 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 to combine AAPA and Bowden with Microsoft because detecting and suspending users that appear active but are in a period of non-use, allows the system to reboot without actually inconveniencing any users.
As for Claim 4, which depends on Claim 3, Bowden teaches wherein the restart instruction unit further sets a restartable period to a period later than the current point of time, based on the detected one or more suspendable periods, and gives an instruction for restarting the computer in the restartable period (P4/4: “Now, Windows can automatically adjust active hours for you based on your device activity. Just go into 'Settings > Update and Security > Windows Update > Change active hours' page to turn this setting on and know that reboots will not disrupt your productive time.”)
As for Claim 5, which depends on Claim 4, Microsoft teaches wherein the non-use detection rule information is information in which the use specifying information, the operation identification information, and suspendable use information indicating whether or not use is suspendable are associated with each other (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., users that are detected to be in a suspendable, non-use period].”)
As for Claim 6, which depends on Claim 4, Microsoft teaches wherein the non-use detection rule information is information in which the use specifying information, the operation identification information, and suspendable use information that is an index indicating influence on the user when use is suspended are associated with each other (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., users that are detected to be in a suspendable, non-use period].”)
As for Claim 7, which depends on Claim 5, Microsoft teaches wherein the operation identification information is information indicating a function process corresponding to use (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., function process corresponding to use].”)
As for Claim 8, which depends on Claim 5, Microsoft teaches wherein the operation identification information is information indicating a state of use (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., state of use].”)
As for Claim 9, which depends on Claim 6, Microsoft teaches wherein the operation identification information is information indicating a function process corresponding to use (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., function process corresponding to use].”)
As for Claim 10, which depends on Claim 6, Microsoft teaches wherein the operation identification information is information indicating a state of use (P1/2: “MultiPoint Services users can log on and log off of their desktop sessions as they would with any Windows session. Users can also disconnect or suspend their session so that the MultiPoint Services station is not being used, but their session remains active in the MultiPoint Services system's computer memory. In addition, administrative users can end a user's session if the user has stepped away from their MultiPoint Services session or has forgotten to log off of the system [i.e., state of use].”)
Response to Arguments
The Office has fully considered Applicant's arguments filed 11 Sep 2025 and finds them unpersuasive.
Applicant Argument:
First, Applicant argues (Remarks P9 )the following concerning the prior art rejections:
Bowden discloses intelligent active hours, in which active hours may be set to "let Windows know when to avoid rebooting your device," and that "Windows can automatically adjust active hours for your based on your device activity." However, Bowden does not teach or suggest detecting non-use periods "that are equal to or longer than a time required for the restart and in which none of the users are using the computer." Bowden also does not teach or suggest setting "a restartable period to a period later than a current point of time based on the detected one or more non-use periods." That is, Bowden does not describe setting a restartable period after the present time based on a detected usage stop period.
Examiner Response:
The Office finds this argument unpersuasive. Bowden’s intelligent active hours dynamically identifies fluctuating periods of active use in which to avoid doing updates and restarts. The claims recite dynamically identifying periods of non-usage and ensuring the updates and restarts happen within those periods. Identifying usage periods in which to avoid restarts and identifying non-use periods in which to perform restarts are logically equivalent.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Applicants should direct any inquiry concerning this or earlier communications to CLINT THATCHER at phone 571.270.3588. Examiner is normally available Mon-Fri, 9am to 5:30pm ET and generally keeps a daily 2:30pm timeslot open for interviews.
If attempts to reach the examiner by telephone are unsuccessful, Examiner’s supervisor, Yuqing Xiao, can be reached at (571) 270-3603.
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/Clint Thatcher/
Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645