DETAILED ACTION
This office action is responsive to amendment filed on 7/6/2026 in this application Yuan, U.S. Patent Application No. 18/389,708, (Filed December 19, 2023) (“Yuan”). Claims 1 – 20 were pending. Claims 13 – 20 are cancelled. Claims 1 – 8, 11, and 12 are amended. Claims 21 – 28 are new. Claims 1 – 12 and 21 - 28 are pending.
Applicants' arguments have been carefully and respectfully considered and found not persuasive. Accordingly, this action has been made FINAL.
Response to Arguments
1. With respect to Applicant’s argument on pg. 13 of the Applicant’s Remarks (“Remarks”) stating that the amendments to the claims “define a specific system architecture with concrete structure[]”overcome the interpretation under 35 USC 112(f), examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §112(f).
The instant amendments have not added structure to the nonce terms for “means” used in the claims, such as center/device/module, which are configured for performing various recited functions. For example, claim 1 recites a “target medical device,” which is a nonce term for means, is “configured for” performing a function operation. However, the claim does not include any structure for the “target medical device” such as hardware like a processor. Similar reasoning applies to the “target upgrade service module” recited later in claim 1. To the extent Applicant wishes to overcome the interpretation under 35 USC 112(f) each center/device/module must have an explicit physical structure recited that performs the function. See MPEP § 2181, subsection I(A). Please note that to the extent a term is meant to be software rather than a nonce term for means support for such must be found in the specification. Please see MPEP § 2181, subsection II(A) & (B).
Therefore, the claims remain interpreted as invoking 35 USC §112(f).
2. With respect to Applicant’s argument on pgs. 13 - 16 of the Remarks stating that remote server of Gourlay is not connected to the client devices via a LAN, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §103, § Claim 1. Gourlay at ¶ 0067 states “Network 530 is any suitable network for enabling communications between various entities, such as between client devices 520 and remote server 510. Such a network may include, for example, a local area network.” Therefore, Gourlay teaches a remote server connected to client devices via a LAN.
3. With respect to Applicant’s argument on pgs. 16-17 of the Remarks stating that remote server of Geng does not teach a plurality of upgrade service modules, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §103, § Claim 1. While Geng uses the term “servers” rather than “modules” one of ordinary skill in art would understand that a server may mean both a software program and the physical hardware it runs on. In the case of Geng, one of ordinary skill in the art would interpret the “file servers” to be a plurality of software modules especially in light of Geng’s disclosure that the plurality of software servers may be present on “one piece of physical equipment.” Id. at ¶ 0079. Therefore, Geng teaches teach a plurality of upgrade service modules.
4. With respect to Applicant’s argument on pgs. 17 - 18 of the Remarks stating that there is no teaching, suggestion, or motivation to combine the prior art references, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §103, § Claim 1. No argument is presented as to the various motivations to combine which were presented in the Non-Final Office Action and appear infra so it is unclear as to how the discussed “technical field” and “technical problems” of the prior art and the instant application demonstrate a failure of the presented motivations to combine. Please note that the arguments presented as to Gourlay being “cloud-centric” conflict with the teachings of Gourlay at ¶ 0067 as discussed supra.
Therefore, there is a motivation to combine the prior art references.
5. With respect to Applicant’s argument on pg. 19 of the Remarks regarding claim 3 please see supra § Response to Arguments § 3. Therefore, Geng teaches the argued limitations.
6. With respect to Applicant’s argument on pgs. 19 - 20 of the Remarks regarding claim 4 relating to Geng’s teaching of upgrade service modules, please see supra § Response to Arguments § 3. Regarding Geng’s teaching of determining a module based on an ordering of the devices, Geng teaches devices may be ordered for assignment to a server based on the load of the servers and the proximity of the devices to the servers. Id. at ¶¶ 0081 – 0085. Therefore, Geng teaches the argued limitations.
7. With respect to Applicant’s argument on pgs. 20-21 of the Remarks stating that Katariya fails to teach an upgrade link or upgrade path, examiner respectfully neither agrees nor disagrees. See infra § Claim Rejections - 35 USC §103, § Claim 8. Prior art reference Gourley is used to teach the argued limitations, therefore this argument is moot.
8. With respect to Applicant’s arguments on pg. 22 of the Remarks stating that claim 11 and 21 – 24 are patentable for similar reasoning as argued for claim 1, please see supra.
9. With respect to Applicant’s argument on pg. 22 of the Remarks stating that claims 25 and 26 recite further features that are allegedly not taught by the prior art, examiner respectfully disagrees, however, no argument has been presented in support of Applicant’s allegation and therefore this argument is moot. See infra § Claim Rejections - 35 USC §103, § Claim 25.
Information Disclosure Statement
The information disclosure statement(s) (IDS) filed on 7/6/2026 is in compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. The references listed therein have been considered and placed in the application file.
35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “center/device/module is configured for”, in claims 1, 4, 5, 6, 10, 11, 21, and 25.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections 35 U.S.C. §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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 7, 10, 12, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Dicks et al., United States Patent Application Publication No. 2016/0232010 (Published August 11, 2016 filed February 9, 2015) (“Dicks”) in view of Gourlay et al., United States Patent Application Publication No. 2014/0096126 (Published April 3, 2014, filed May 9, 2013) (“Gourlay”) and Geng et al., United States Patent Application Publication No. 2011/0093516 (Published April 21, 2011, filed December 30, 2006) (“Geng”).
Claim 1
With respect to claim 1, Dicks teaches the invention as claimed including a system for upgrading medical devices, …medical [all instances of “medical are taught by Dicks] {Updating a medical device by sending a wakeup signal to allow for communication with the device in order to request the id of the medical device for an update request and updating the medical device on the basis of the retrieved id. Dicks at ¶¶ 0248 – 0250 & 0254 (updating medical device); id. at ¶¶ 0062, 0137, 0138, 0162 – 0165 (using wakeup signal and polling).}
However, Dicks doesn’t explicitly teach the limitation:
comprising a plurality of registration centers, a plurality of upgrade servers, and a plurality of medical devices, wherein: each of the plurality of upgrade servers is deployed with a plurality of upgrade service modules, the plurality of upgrade service modules are software deployed on the corresponding upgrade server, and any one of the plurality of upgrade service modules is configured to provide upgrade services for the plurality of medical devices, for each of the plurality of registration centers: the registration center is connected to a portion of the plurality of upgrade service modules and a portion of the plurality of medical devices, the registration center, its corresponding portion of the plurality of upgrade service modules, and its corresponding portion of the plurality of medical devices are deployed within the same Local Area Network (LAN), and different registration centers are deployed within different LANs, the registration center is configured for, in response to an upgrade request sent by a target medical device connected to the registration center, … and sending registration information of the target upgrade service module to the target medical device; the target medical device is configured for establishing a communication connection with the target upgrade service module based on the registration information and sending device information to the target upgrade service module through the communication connection; and the target upgrade service module is configured for determining a target upgrade package matching the target medical device based on the device information and sending the target upgrade package to the target medical device. {EN: While “medical” appears in limitations mapped to other references than Dicks for readability purposes, Dicks is relied on for teaching all instances of “medical” device.
Gourlay does teach this limitation. Gourlay teaches that updating a medical device, as taught in Dicks, may include where a plurality of structures each having their own, different, LAN used to interconnect at least one device, registration server, and update server, where for each LAN at least one device sending identifying information to the registration server in its LAN which determines a version of an update for the device and the appropriate update server for the device that is connected to the device via the LAN, the registration server sends a URI for the update server to the device, and the device contacts the update server using the URI with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may or may not be remote from registration server); id. at ¶ 0067 & Fig. 5 (network which connects Device, registration server, and update server may be a wireless connected LAN); id. at ¶ 0067 and figs. 3 & 5 (plurality of structures each having at least one device connected to registration server and update server via LAN); id. at figs. 2 & 3 and ¶ 0052 (various gateways such as routers, hubs, internet, 3G, etc.).
Dicks and Gourlay are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an update for a particular device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform updating a medical device, as taught in Dicks in the same mannerism as the updating algorithm of using a registration server and update server, as taught in Gourlay. Dicks and Gourlay both teach using a retrieved device ID to determine an update to apply. Dicks at ¶ 0254; Goulay at ¶ 0123. Therefore, one having ordinary skill in the art would have been motivated to update a medical device, as taught in Dicks by applying the update algorithm of using a registration server and update server, as taught in Gourlay, for the purpose of using a known device ID based update process using an update server selection method with a device update method that also uses a device ID based mechanism.}
However, Dicks and Gourlay doesn’t explicitly teach the limitation:
determining a target upgrade service module from the corresponding portion of the plurality of upgrade service modules {Geng does teach this limitation. Geng teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, may include where the update management server 30 maintains a synchronous connection with a plurality of version file servers 201 via the internet, such as by using a WAN protocol, to send updated versions of software updates to the version file server and where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected.” Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130; id. at ¶¶ 0079 (plurality of software servers may be present on “one piece of physical equipment”).
Dicks, Gourlay, and Geng are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an update for a particular device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, with selecting the update/file server based on server load, as taught in Geng. Geng teaches that server load can impact performance. Id. ¶ 0130. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, with selecting the update/file server based on server load, as taught in Geng, for the purpose of using a known file server selection method which improves performance with a method that requires selecting from a plurality of file servers.}
Claim 2
With respect to claim 2, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein the determining a target upgrade service module from the corresponding portion of the plurality of upgrade service modules comprises: determining the target upgrade service module from the corresponding portion of the plurality of upgrade service modules based on first load information of each upgrade service module. {The update management server maintains a synchronous connection with a plurality of version file servers where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected.” Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130; id. at ¶¶ 0079 (plurality of software servers may be present on “one piece of physical equipment”).}
Claim 3
With respect to claim 3, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein the determining the target upgrade service module from the corresponding portion of the plurality of upgrade service modules based on first load information of each upgrade service module comprises: for each upgrade service module, obtaining the first load information of the upgrade service module and second load information of an upgrade server on which the upgrade service module is deployed; and determining the target upgrade service module from the corresponding portion of the plurality of upgrade service modules based on the first load information and the second load information corresponding to each upgrade service module. {The update management server maintains a synchronous connection with a plurality of version file servers where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected.” Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130; id. at ¶¶ 0079 (plurality of software servers may be present on “one piece of physical equipment”).}
Claim 4
With respect to claim 4, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein, for each of the plurality of registration centers, when the registration center receives upgrade requests from a plurality of target medical devices at the same time, the registration center is further configured for: determining a priority ranking of the plurality of target medical devices based on device information of the plurality of target medical devices; and determining a corresponding target upgrade service module for each of the plurality of target medical devices in turn based on the priority ranking of the plurality of target medical devices. {The update management server maintains a synchronous connection with a plurality of version file servers where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected” where the load prioritization is weighted based on a predetermined proximity of the server. Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130; id. at ¶¶ 0079 (plurality of software servers may be present on “one piece of physical equipment”).}
Claim 5
With respect to claim 5, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein for each of the plurality of registration centers, before receiving the upgrade request sent by the target medical device, the registration center is further configured for: receiving registration information sent by the corresponding portion of the plurality of upgrade service modules and storing the registration information. {Update servers having URIs for retrieving data are registered with a registration server such that the registration server may send the URI for the update server to a device to be updated, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server).}
Claim 6
With respect to claim 6, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein a second target upgrade service module of the corresponding portion of the plurality of upgrade service modules is configured for sending a wake-up message to the target medical device based on a preset wake-up time; and the target medical device is further configured for sending the upgrade request to the corresponding registration center in response to the wake-up message. {Updating a medical device by sending a wakeup signal to allow for communication with the device in order to request the id of the medical device for an update request and updating the medical device on the basis of the retrieved id. Dicks at ¶¶ 0248 – 0250 & 0254 (updating medical device); id. at ¶¶ 0062, 0137, 0138, 0162 – 0165 (using wakeup signal and polling).}
Claim 7
With respect to claim 7, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein: when the target medical device is in a shutdown state or a standby state at a time of receiving the wake-up message, the sending the wake-up message to the target medical device based on the preset wake-up time comprises: waking up the target medical device using a Wake On LAN (WOL) technique; and the sending the upgrade request to the corresponding registration center in response to the wake-up message comprises: powering up and sending the upgrade request to the corresponding registration center; or when the target medical device is in a working state at the time of receiving the wake-up message, the sending the upgrade request to the corresponding registration center in response to the wake-up message comprises: sending the upgrade request to the corresponding registration center after the target medical device has finished a current workflow. {Updating a medical device by sending a wakeup signal to allow for communication with the device in order to request the id of the medical device for an update request and updating the medical device on the basis of the retrieved id. Dicks at ¶¶ 0248 – 0250 & 0254 (updating medical device); id. at ¶¶ 0062, 0137, 0138, 0162 – 0165 (using wakeup signal and polling).}
Claim 10
With respect to claim 10, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein the target upgrade service module is further configured for: obtaining an upgrade result of the target medical device; and sending the upgrade result to a remote management device through a gateway. {Device sends identifying information to a registration server which determines a version of an update for the device and an appropriate update server for the device, sends a URI for the update server to the device, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server); id. at ¶¶ 0078 & 0127 (reporting updating results); id. at ¶ 0003 (software update may first be transmitted from a developer system); id. at figs. 2 & 3 and ¶ 0052 (various gateways such as routers, hubs, internet, 3G, etc.).}
Claim 12
With respect to claim 12, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein for each of the plurality of registration centers, the registration center and the corresponding portion of the plurality of upgrade server modules are deployed on a same server. {Device sends identifying information to a registration server which determines a version of an update for the device and an appropriate update server for the device, sends a URI for the update server to the device, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server); id. at ¶¶ 0078 & 0127 (reporting updating results).}
Claim 24
With respect to claim 24, Dicks, Gourlay, and Geng, teach the invention as claimed including:
wherein the determining the target upgrade service module from the corresponding portion of the plurality of upgrade service modules based on the first load information and the second load information corresponding to each upgrade service module comprises: determining a server list based on a weight value of each upgrade server, wherein the weight value of each upgrade server is determined by adjusting a preset weight based on the second load information of the upgrade server; determining a target upgrade server from the server list based on a numerical index; and determining the target upgrade service module from the plurality of upgrade service modules deployed on the target upgrade server based on the first load information of each upgrade service module deployed on the target upgrade server. {The update management server maintains a synchronous connection with a plurality of version file servers where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected” where the load prioritization is weighted based on a predetermined proximity of the server. Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130; id. at ¶¶ 0079 (plurality of software servers may be present on “one piece of physical equipment”).}
Claims 8, 9, 21 – 23, and 25 - 28 are rejected under 35 U.S.C. 103 as being unpatentable over Dicks, Gourlay, Geng, and Katariya et al., United States Patent Application Publication No. 2015/0378714 (Published December 31, 2015, filed June 30, 2014) (“Katariya”).
Claim 8
With respect to claim 8, Dicks, Gourlay, and Geng, teach the invention as claimed including:
determining an upgrade link for upgrading to the target version from the current version; wherein the upgrade link refers to an upgrade path that goes through from the current version to the target version; and determining, based on the upgrade link, the target upgrade package matching the target medical device from at least one upgrade package of the target upgrade service module. {Device sends identifying information to a registration server which determines a version of an update for the device and an appropriate update server for the device, sends a URI for the update server to the device, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server).}
However, Dicks, Gourlay, and Geng doesn’t explicitly teach the limitation:
wherein the device information comprises version information of the target medical device, and the determining a target upgrade package matching the target medical device based on the device information received further comprises: determining a current version of the target medical device based on the version information; in response to determining that the current version is lower than a target version corresponding to the target upgrade service module, {Katariya does teach this limitation. Katariya teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, may include where a developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).
Dicks, Gourlay, Geng and Katariya are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an applicable update.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya. Katariya teaches that it is desirable to correctly identify only those devices requiring the update to avoid wasting bandwidth. Id. ¶ 0005. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya, for the purpose of using a known update determination process with a system that requires identifying if an update is required.}
Claim 9
With respect to claim 9, Dicks, Gourlay, Geng and Katariya, teach the invention as claimed including:
wherein the at least one upgrade package of the target upgrade service module is obtained from a remote management device through a gateway. {A developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).
Claim 21
With respect to claim 21, Dicks, Gourlay, and Geng, teach the invention as claimed including:
the system further comprises a plurality of gateways, each of which is deployed in the LAN where one registration center is located and is connected to the portion of the plurality of upgrade service modules corresponding to the registration center, … and each of the plurality of gateways is configured for distributing the at least one upgrade package to the portion of the plurality of upgrade service modules connected thereto, and the target upgrade package matching the target medical device is selected from the at least one upgrade package of the target upgrade service module. {A plurality of structures each having their own, different, LAN used to interconnect at least one device, registration server, and update server, where for each LAN at least one device sending identifying information to the registration server in its LAN which determines a version of an update for the device and the appropriate update server for the device that is connected to the device via the LAN, the registration server sends a URI for the update server to the device, and the device contacts the update server using the URI with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may or may not be remote from registration server); id. at ¶ 0067 & Fig. 5 (network which connects Device, registration server, and update server may be a wireless connected LAN); id. at ¶ 0067 and figs. 3 & 5 (plurality of structures each having at least one device connected to registration server and update server via LAN); id. at ¶ 0003 (software update may first be transmitted from a developer system); id. at figs. 2 & 3 and ¶ 0052 (various gateways such as routers, hubs, internet, 3G, etc.).}
However, Dicks, Gourlay, and Geng doesn’t explicitly teach the limitation:
a remote management device deployed in a Wide Area Network (WAN),… the remote management device is configured for sending at least one upgrade package to the gateways, {Katariya does teach this limitation. Katariya teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, may include where a developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).
Dicks, Gourlay, Geng and Katariya are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an applicable update.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya. Katariya teaches that it is desirable to correctly identify only those devices requiring the update to avoid wasting bandwidth. Id. ¶ 0005. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya, for the purpose of using a known update determination process with a system that requires identifying if an update is required.}
Claim 22
With respect to claim 22, Dicks, Gourlay, Geng and Katariya, teach the invention as claimed including:
wherein each time an upgrade package is distributed to the plurality of upgrade service modules, a second target upgrade service module among the portion plurality of plurality of upgrade service modules … {a plurality of structures each having their own, different, LAN used to interconnect at least one device, registration server, and update server, where for each LAN at least one device sending identifying information to the registration server in its LAN which determines a version of an update for the device and the appropriate update server for the device that is connected to the device via the LAN, the registration server sends a URI for the update server to the device, and the device contacts the update server using the URI with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may or may not be remote from registration server); id. at ¶ 0067 & Fig. 5 (network which connects Device, registration server, and update server may be a wireless connected LAN); id. at ¶ 0067 and figs. 3 & 5 (plurality of structures each having at least one device connected to registration server and update server via LAN); id. at ¶ 0003 (software update may first be transmitted from a developer system); id. at figs. 2 & 3 and ¶ 0052 (various gateways such as routers, hubs, internet, 3G, etc.).
sends a wake-up message to the target medical device according to a preset wake-up time corresponding to the target medical device, when the target medical device is in a shutdown state or a standby state at a time of receiving the wake-up message, the second target upgrade service module wakes up the target medical device using a Wake On LAN (WOL) technique, and the target medical device wakes up and sends the upgrade request to the corresponding registration center, when the target medical device is in a working state at the time of receiving the wake-up message, the target medical device sends the upgrade request to the corresponding registration center after the target medical device has finished a current workflow. {Updating a medical device by sending a wakeup signal to allow for communication with the device in order to request the id of the medical device for an update request and updating the medical device on the basis of the retrieved id. Dicks at ¶¶ 0248 – 0250 & 0254 (updating medical device); id. at ¶¶ 0062, 0137, 0138, 0162 – 0165 (using wakeup signal and polling).}
Claim 23
With respect to claim 23, Dicks, Gourlay, and Geng, teach the invention as claimed, however, Dicks, Gourlay, and Geng doesn’t explicitly teach the limitation:
wherein the device information includes version information and business information of each target medical device, the determining a priority ranking of the plurality of target medical devices based on device information of the plurality of target medical devices comprises: determining an initial priority ranking of the plurality of target medical devices based on the version information of the plurality of target medical devices; and adjusting the initial priority ranking based on the business information of the plurality of target medical devices to determine the priority ranking of the plurality of target medical devices. {Katariya does teach this limitation. Katariya teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, may include where the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update and determines if the software version is critical for the device, in which case the update server instructs the device to update immediately, or not critical for the device in which case the update server communicates to the device to wait for a period of time before updating to allow other devices to take priority. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at ¶¶ 0083, 0084, 0123.
Dicks, Gourlay, Geng and Katariya are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an applicable update.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya. Katariya teaches that it is desirable to correctly identify only those devices requiring the update to avoid wasting bandwidth. Id. ¶ 0005. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya, for the purpose of using a known update determination process with a system that requires identifying if an update is required.}
Claims 25 and 26
With respect to claims 25 and 26, Dicks teaches the invention as claimed including a system for upgrading medical devices, …medical [all instances of “medical are taught by Dicks] {Updating a medical device by sending a wakeup signal to allow for communication with the device in order to request the id of the medical device for an update request and updating the medical device on the basis of the retrieved id. Dicks at ¶¶ 0248 – 0250 & 0254 (updating medical device); id. at ¶¶ 0062, 0137, 0138, 0162 – 0165 (using wakeup signal and polling).}
However, Dicks doesn’t explicitly teach the limitation:
comprising a plurality of registration centers, a plurality of upgrade servers, a plurality of medical devices, …and a plurality of gateways, wherein: …each of the plurality of upgrade servers is deployed with a plurality of upgrade service modules, the plurality of upgrade service modules are software deployed on the corresponding upgrade server, and any one of the plurality of upgrade service modules is configured to provide upgrade services for the plurality of medical devices, for each of the plurality of registration centers: the registration center is connected to a portion of the plurality of upgrade service modules and a portion of the plurality of medical devices; one gateway of the plurality of gateways is connected to the portion of the plurality of upgrade service modules; the registration center, its corresponding portion of the plurality of upgrade service modules, its corresponding portion of the plurality of medical devices, and the corresponding gateway are deployed within the same Local Area Network (LAN), and different registration centers are deployed within different LANs, …and each of the plurality of gateways is configured for distributing the at least one upgrade package to the portion of the plurality of upgrade service modules connected thereto, each registration center is configured for, in response to an upgrade request sent by a target medical device connected to the registration center, …and sending registration information of the target upgrade service module to the target medical device; the target medical device is configured for establishing a communication connection with the target upgrade service module based on the registration information and sending device information to the target upgrade service module through the communication connection; and the target upgrade service module is configured for: determining a target upgrade package matching the target medical device from the at least one upgrade package of the target upgrade service module based on the device information; and sending the target upgrade package to the target medical device. {EN: While “medical” appears in limitations mapped to other references than Dicks for readability purposes, Dicks is relied on for teaching all instances of “medical” device.
Gourlay does teach this limitation. Gourlay teaches that updating a medical device, as taught in Dicks, may include where a plurality of structures each having their own, different, LAN used to interconnect at least one device, registration server, and update server, where for each LAN at least one device sending identifying information to the registration server in its LAN which determines a version of an update for the device and the appropriate update server for the device that is connected to the device via the LAN, the registration server sends a URI for the update server to the device, and the device contacts the update server using the URI with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may or may not be remote from registration server); id. at ¶ 0067 & Fig. 5 (network which connects Device, registration server, and update server may be a wireless connected LAN); id. at ¶ 0067 and figs. 3 & 5 (plurality of structures each having at least one device connected to registration server and update server via LAN); id. at ¶ 0003 (software update may first be transmitted from a developer system); id. at figs. 2 & 3 and ¶ 0052 (various gateways such as routers, hubs, internet, 3G, etc.).
Dicks and Gourlay are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an update for a particular device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine updating a medical device, as taught in Dicks with using a registration server and update server, as taught in Gourlay. Dicks and Gourlay both teach using a retrieved device ID to determine an update to apply. Dicks at ¶ 0254; Goulay at ¶ 0123. Therefore, one having ordinary skill in the art would have been motivated to combine updating a medical device, as taught in Dicks with using a registration server and update server, as taught in Gourlay, for the purpose of using a known device ID based update process using an update server selection method with a device update method that also uses a device ID based mechanism.}
However, Dicks and Gourlay doesn’t explicitly teach the limitation:
determining a target upgrade service module from the corresponding portion of the plurality of upgrade service modules {Geng does teach this limitation. Geng teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, may include where the update management server 30 maintains a synchronous connection with a plurality of version file servers 201 via the internet, such as by using a WAN protocol, to send updated versions of software updates to the version file server and where each terminal device requesting a software update is directed by the management server to retrieve their updates from a particular file server selected for the particular update request based on “loading balance of the file downloading service so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected.” Geng at ¶¶ 0056 - 0060, 0081 - 0085, 0090, 0130.
Dicks, Gourlay, and Geng are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an update for a particular device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, with selecting the update/file server based on server load, as taught in Geng. Geng teaches that server load can impact performance. Id. ¶ 0130. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks and Gourlay, with selecting the update/file server based on server load, as taught in Geng, for the purpose of using a known file server selection method which improves performance with a method that requires selecting from a plurality of file servers.}
However, Dicks, Gourlay, and Geng doesn’t explicitly teach the limitation:
a remote management device,… the remote management device is deployed in a Wide Area Network (WAN) network,… the remote management device is configured for sending at least one upgrade package to the plurality of gateways, {Katariya does teach this limitation. Katariya teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, may include where a developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).
Dicks, Gourlay, Geng and Katariya are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to identify an applicable update.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya. Katariya teaches that it is desirable to correctly identify only those devices requiring the update to avoid wasting bandwidth. Id. ¶ 0005. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with version comparison, as taught in Katariya, for the purpose of using a known update determination process with a system that requires identifying if an update is required.}
Claim 27
With respect to claim 27, Dicks, Gourlay, Geng and Katariya, teach the invention as claimed including:
determining an upgrade link for upgrading to the target version from the current version; determining, based on the upgrade link, the target upgrade package matching the target medical device from at least one upgrade package of the target upgrade service module. {Device sends identifying information to a registration server which determines a version of an update for the device and an appropriate update server for the device, sends a URI for the update server to the device, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server).}
the device information comprises version information of the target medical device, and determining the target upgrade package matching the target medical device based on the device information further comprises: determining a current version of the target medical device based on the version information; in response to determining that the current version is lower than a target version corresponding to the target upgrade service module, {A developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).
Claim 28
With respect to claim 28, Dicks, Gourlay, Geng and Katariya, teach the invention as claimed including:
obtaining an upgrade result of the target medical device; and sending the upgrade result {Device sends identifying information to a registration server which determines a version of an update for the device and an appropriate update server for the device, sends a URI for the update server to the device, and the device contacts the update server with a request for the version of the update, downloads, and installs the update. Gourlay at ¶¶ 0069 – 0074 & 0123; id. at ¶ 0063 (software update server may be part of registration server or may be remote from registration server); id. at ¶¶ 0078 & 0127 (reporting updating results); id. at ¶ 0003 (software update may first be transmitted from a developer system).}
to the remote management device by the target upgrade service module through the gateway connected to the target upgrade service module. {A developer computing system 112 that is remote from the update server sends the update to the update server via the internet and a gateway 910, the client computing system transmits to the update server a software update request including an identification of the version of software currently on the client, the update server compares the received version of the client application to the version of the available update, and if the available update is a higher version than the current version the server sends the client an identification of a server system from which the client can retrieve the update. Katariya at ¶¶ 0066, 0069 – 0071, 0077; id. at fig. 1 and ¶¶ 0031 – 0033, 0080 & 0095 (send update from developer via internet and gateway).}
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dicks, Gourlay, and Geng and Silakov et al., United States Patent Application Publication No. 2022/0206783 (Published June 30, 2022, filed December 30, 2020) (“Silakov”).
Claim 11
With respect to claim 11, Dicks, Gourlay, and Geng, teach the invention as claimed, however, Dicks, Gourlay, and Geng doesn’t explicitly teach the limitation:
wherein each of the plurality of registration centers is further configured for: for each upgrade service module connected to the registration center, sending a heartbeat signal to the upgrade service module; determining a connection state between the upgrade service module and the registration center based on a response of the upgrade service module to the heartbeat signal; and in response to determining that the connection state is a disconnected state, deleting the registration information of the upgrade service module. {Silakov does teach this limitation. Silakov teaches that a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, may include where devices, such as nodes, seeking software updates are assigned to file servers based on the load, such as number of nodes assigned, of each file server and also on the basis of a heartbeat to detect connection status. Silakov at ¶¶ 0053, 0056 – 0058; id. at ¶¶ 0042, 0047, 0066 (occasional connection to identify dead nodes and rebalance server allocations accordingly).
Dicks, Gourlay, Geng and Silakov are analogous art because they are from the “same field of endeavor” and are both from the same “problem-solving area.” Specifically, they are both from the field of software upgrading, and both are trying to solve the problem of how to locate an applicable update.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with selecting the update server based on server load, as taught in Silakov. Geng teaches that it is important to balance file transfer load “so as to ensure the file downloading treatment performance and downloading link bandwidth will not be affected.” Id. at ¶¶ 0056, 0082, 0130. Therefore, one having ordinary skill in the art would have been motivated to combine a registration server used to select an update server from which a medical device can retrieve an update, as taught in Dicks, Gourlay, and Geng, with selecting the update server based on server load, as taught in Silakov, for the purpose of using a known file load transfer balancing method with a file transfer process that requires balancing load.}
Conclusion
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 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE E HEBERT whose telephone number is (571)270-1409. The examiner can normally be reached on Monday to Friday 9:00 a.m. to 6:00 p.m..
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, Lewis Bullock can be reached on 571-272-3759. 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.
//T.H./ September 21, 2026
Examiner, Art Unit 2199
/LEWIS A BULLOCK JR/Supervisory Patent Examiner, Art Unit 2199
