DETAILED ACTION
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 Office Action is in response to the filing date of 2/7/2024.
Claims 1-8 are pending and have been considered below.
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.
Claim 4 is 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. The claim recites “…transmit to the apparatus inspection firmware for investigating…”, it’s unclear whether the same “inspection firmware” to which the firmware possessed by the apparatus has been updated or a different inspection firmware. For examination purposes, examiner interprets this limitation to read as “…transmit to the apparatus, different inspection firmware for investigating…”
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 20070285689 to Hozumi.
Per claims 1, 7 and 8, Hozumi teaches an information processing system comprising:
a processor configured to:
if a malfunction occurs in an apparatus, transmit, to the apparatus, inspection firmware for collecting a log for investigating the malfunction and cause the apparatus to update firmware possessed by the apparatus to the inspection firmware (see at least paragraphs [0069-0070] “…transmits the log enriched version firmware to the image printing apparatus 10 that has…Upon receiving the log enriched version firmware with the instruction, the firmware updating device 12 of the image printing apparatus 10 updates and stores the log enriched version firmware in the firmware storage device 14…”).
Per claim 2, Hozumi further teaches:
wherein the processor is configured to: if the apparatus does not possess the inspection firmware, transmit the inspection firmware to the apparatus (see at least paragraphs [0067-0069] “…when the bug countermeasure policy designates updating to firmware enabling to pick up an increased number of analysis use debug logs (herein below, referred to as enriched version firmware), the mediation apparatus requests the log enriched version firmware to the center system 20…Upon receiving the request, the center system 20 reads and provides the log enriched version firmware from the firmware storage device 23 to the mediation apparatus 30 as a requester (i.e., downloading of firmware)… transmits the log enriched version firmware to the image printing apparatus 10…”).
.
Per claim 3, Hozumi further teaches:
a memory configured to: store a plurality of different pieces of inspection firmware in advance, wherein the processor is configured to: transmit to the apparatus a piece of inspection firmware associated with the malfunction out of the plurality of different pieces of inspection firmware (see at least paragraph [0027] “…a firmware storage device 23 that stores several kinds of firmware used by the image printing apparatus 10…”).
Per claim 4, Hozumi further teaches:
wherein the processor is configured to: if a second malfunction different from a first malfunction occurs in the apparatus, the first malfunction being associated with the inspection firmware to which the firmware possessed by the apparatus has been updated, transmit to the apparatus inspection firmware for investigating the first malfunction and the second malfunction and cause the apparatus to update firmware possessed by the apparatus (see at least paragraphs [0070 – 0083] “… the firmware updating device 12 of the image printing apparatus 10 updates and stores the log enriched version firmware in the firmware storage device 14… The image printing apparatus 10 is then rebooted… The mediation apparatus 30 requests the image printing apparatus 10 to acquire debug log when collection of debug log is designated as a bug countermeasure policy corresponding to the report of the image printing apparatus 10… Upon detecting elapse of the debug log collection time period after starting collection of the debug log as defined in the bug countermeasure policy, the mediation apparatus 30 requests the center system 20 to provided the newest firmware… transmits the newest to the image printing apparatus 10 along with an instruction of updating the firmware”).
Per claim 5, Hozumi further teaches:
wherein the inspection firmware has a function of performing a different process depending on a constituent possessed by the apparatus (see at least paragraph [0032] “The bug countermeasure policy may also include updating to log collection use special firmware (firmware specialized in a function of collecting debug log) and then collecting debug log. Further, when bug countermeasure policy includes collection of debug log, a collection time period, such as one-month, snap shot, a week, etc., is registered”).
Per claim 6, Hozumi further teaches:
wherein the inspection firmware has a function of performing a different process depending on whether the apparatus possesses a specific constituent (see at least paragraph [0032] “The bug countermeasure policy may also include updating to log collection use special firmware (firmware specialized in a function of collecting debug log) and then collecting debug log. Further, when bug countermeasure policy includes collection of debug log, a collection time period, such as one-month, snap shot, a week, etc., is registered”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US20030131083 relates to updating firmware possessed by an apparatus.
US20090161143 relates to updating firmware possessed by an apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP H NGUYEN whose telephone number is (571)270-1070. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
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, Wei Zhen can be reached at (571) 272-3708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILLIP H NGUYEN/Primary Examiner, Art Unit 2191
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