Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This is the initial office action based on the application filed on January 25th, 2024, which claims 1-20 are presented for examination.
Status of Claims
3. Claims 1-20 are pending, of which claims, of which claim 1 and 11 are in independent form.
Priority
4. This application has PRO 63/481,475 01/25/2023
Information Disclosure Statement
5. Information disclosure statements filed on 06/13/2024 and 08/08/2025, have been reviewed and considered by Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claims 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites "adding parent components representative of the one or more elements". The claimed subject-matter however does not specify how the "parent components" are being retrieved to be added. This is the first mention of these parent components in the claim, and the previous steps only indicate identifying and parsing the rule elements. Appropriate correction is requested.
Claim 1 recites "detecting one or more functions for the one or more elements, wherein the one or more functions are configured to implement or control implementation of at least a portion of a least one element of the one or more elements". Similarly to the previous feature, the claimed subject-matter also does not specify how the one or more functions for the one or more elements are being "detected", in particular such specific type of functions. The subject-matter of claim 7 mentions the use of library to link the elements to commands, and without further details regarding the library itself it is understood that it contains the commands for a shell application of the third-party update network. It remains however unclear how the commands from the library are "dynamically linked" to the parsed elements from the rules. The current claimed subject-matter does not introduce limitations on the content of the rules, there could therefore be many different potential elements parsed. How are the appropriate commands for these elements identified in the library? Appropriate correction is requested.
Claim 1 recites "converting the expression tree into a final command to perform the script file". The expression tree, according to the previous claimed features, is associated with the initial software distribution package and "parent components representative of the one or more elements" are added to it. Since no further details are provided regarding the expression tree and its content structure, it is not clear to the skilled person how the expression tree conversion will provide a final command to perform the script file - in particular since the script file is newly generated in the previous step. Appropriate correction is requested.
Claim 1 recites "generating a compatible update package based on the final command'. The claimed subject-matter only mentions that the final command performs the script file, said script file being the result of aggregating the functions of the parsed elements of the first rule of the initial software distribution package. These functions are configured to implement or control implementation of at least a portion of at least one element of the one or more elements in the third-party update network. Thus, it is not clear to the skilled person how the compatible update package can be generated simply "based on the final command". Appropriate correction is requested.
7. Claims 11-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites "adding parent components representative of the one or more elements". The claimed subject-matter however does not specify how the "parent components" are being retrieved to be added. This is the first mention of these parent components in the claim, and the previous steps only indicate identifying and parsing the rule elements. Appropriate correction is requested.
Claim 11 recites "detecting one or more functions for the one or more elements, wherein the one or more functions are configured to implement or control implementation of at least a portion of a least one element of the one or more elements". Similarly to the previous feature, the claimed subject-matter also does not specify how the one or more functions for the one or more elements are being "detected", in particular such specific type of functions. The subject-matter of claim 17 mentions the use of library to link the elements to commands, and without further details regarding the library itself it is understood that it contains the commands for a shell application of the third-party update network. It remains however unclear how the commands from the library are "dynamically linked" to the parsed elements from the rules. The current claimed subject-matter does not introduce limitations on the content of the rules, there could therefore be many different potential elements parsed. How are the appropriate commands for these elements identified in the library? Appropriate correction is requested.
Claim 11 recites "converting the expression tree into a final command to perform the script file". The expression tree, according to the previous claimed features, is associated with the initial software distribution package and "parent components representative of the one or more elements" are added to it. Since no further details are provided regarding the expression tree and its content structure, it is not clear to the skilled person how the expression tree conversion will provide a final command to perform the script file - in particular since the script file is newly generated in the previous step. Appropriate correction is requested.
Claim 11 recites "generating a compatible update package based on the final command'. The claimed subject-matter only mentions that the final command performs the script file, said script file being the result of aggregating the functions of the parsed elements of the first rule of the initial software distribution package. These functions are configured to implement or control implementation of at least a portion of at least one element of the one or more elements in the third-party update network. Thus, it is not clear to the skilled person how the compatible update package can be generated simply "based on the final command". Appropriate correction is requested.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY KHUONG THANH NGUYEN whose telephone number is (571)270-7139. The examiner can normally be reached Monday - Friday 0800-1630.
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/DUY KHUONG T NGUYEN/Primary Examiner, Art Unit 2199
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