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 .
Status of Claims
1. Claims 1, 3, 7, 13, 15, 17, and 19 are currently amended.
Claims 2, 14, and 18 are cancelled.
Claims 21-23 are newly added.
Claims 1,3-13,15-17 and 19-23 are pending.
Claims 1,3-13,15-17 and 19-23 are rejected.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on January 6, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on February 10, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
3. The arguments regarding the rejections under 35 U.S.C. § 103 challenge certain limitations. These limitations are newly added and were therefore not addressed in the previous rejection; therefore, the arguments are moot. The amendments are newly addressed by the new grounds of rejection under 35 U.S.C. § 103.
Applicant’s arguments with respect to claim(s) 1, 13, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
4. Claims 1, 3-8, 12-13, 15-17, and 19-23 and are rejected under 35 U.S.C. 103 as being unpatentable over Otturu et al. CN 107003871 A in view of Itkin US 20180239730 A1.
5. With regard to claim 1, Otturu teaches:
A method for managing computer implemented services provided by a managed system, the method comprising:
identifying, by a local subscription manager of the managed system, performance requirements for a subscription, wherein the local subscription manager is an out of band management controller device that is physically installed within the managed system and is configured to manage operation hardware components of the managed system (In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; guiding the package can subscribe module 204 using guidance package update mechanism (e.g., UEFI update mechanism) is installed on computing device 104, wherein, in the illustrative embodiment, the create package can run at the OS is loaded into the special guide path in the system memory, and then executes the special initialization or heat guiding path after a processor reset.);
selecting, by the local subscription manager and based on the performance requirements, a hardware bundle comprising:
at least one directly manageable hardware component that is installed in the managed system and that is adapted to be managed by the local subscription manager via sideband communications (In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; Examiner’s Note: The subscription server is analogous with the subscription manager, and it directly manages the communication circuit in order to determine the enabling of hardware features according to the received hardware platform information.); and
at least one indirectly manageable hardware component that is installed in the managed system and that is controlled by the at least one directly manageable hardware component (In the illustrative embodiment of FIG. 1, the computing device 104 comprises a processor 120, an I/O subsystem 122, a memory 124, a data storage device 126 and a communication circuit 130. The communication circuit may include a network interface controller (NIC), and 104 between it and one or more other external electronic devices and/or systems for any number of device and circuit communication for enabling the computing device.; Examiner’s Note: The NIC is indirectly managed by the subscription server, but is controlled by the communication circuit (directly manageable hardware component).);
enabling, by the local subscription manager, use of the hardware bundle by a user to service the subscription (When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program; Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics. It should be noted that environment all kinds of module 300 may be embodied as hardware, firmware, software, or a combination thereof. For example, environment corresponding to each module 300, logic and other components can be formed as a part of a subscription server 114 of processor 150 or other hardware component or built up by the subscription server of the processor or the other hardware components in other manners); and
after a limit of the subscription is reached:
limiting, by the local subscription manager, use of the hardware bundle by the user using only the at least one directly manageable hardware component (Example 10 includes any one of example 1-9 of the subject, and wherein the subscription module for, upon expiration of the time data, disabling the unauthorized use of the hardware component from the hardware defined subscription authorization; If the timer has expired ("yes"), in frame 426, hardware subscription feature is disabled. Once disabled, in the frame 406, may require computing device 104 to reselect/buy a disabled feature, and continuing the authentication and enable the new package to obtain hardware subscription characteristic.).
Although Otturu teaches of a subscription method for use of the hardware bundles by the user, Otturu fails to explicitly teach that the subscription manager is an out of band management controller device and via sideband communications.
However, in analogous art, Itkin teaches:
[0036] FIG. 3 is a block diagram of a system 102 that is an example of out-of-band management to provide capabilities similar to the system 80 (FIG. 2). Communication from the host CPU 82 to the management network is mediated through the BMC 90 via bus 94 and PCIe switch 104. The BMC 90 accesses the management network 84 via sideband interfaces 106, 108, NIC 110 and port 113 while other network data is exchanged via port 112. This arrangement allows the host CPU 82 or the BMC 90 to access the management network 84 directly. In the configuration shown in FIG. 2 the BMC 90 uses the sideband interfaces 106, 108 only to control and monitor the NIC 110, for example using methods defined in the above-noted document Network Controller Sideband Interface (NC-SI) Specification, DSP0222, Ver. 1.1.0 (2015 Sep. 23). In the configuration shown in FIG. 3 the BMC 90 uses the sideband interfaces 106, 108 to connect to the management network as pass-through traffic mode in addition to the control and monitoring activities of the NIC 110, as defined in the above-noted NC-SI Specification.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Otturu with the teachings of Itkin of an out of band management controller device and via sideband communications. Otturu teaches of a subscription method for use of the hardware bundles by the user. Moreover, Otturu teaches of the subscription server utilizing a communication circuit, comprising a NIC, in order to communicate hardware platform information that helps the subscription server determine which hardware services to enable or disable based on the subscription. Otturu fails to specify that the subscription manager is an out of band management controller device and that the at least one directly manageable hardware component is managed by the local subscription manager via sideband communications. However, Itkin teaches of using out-of-band management for computer systems and using sideband interfaces to control and monitor the NIC. Using a sideband interface for out-of-band management on computer systems allows the administrator to manage a computer even when it is powered off ([0007]). Therefore, it would be beneficial to integrate the subscription method of Otturu, which utilizes a communication circuit comprising a NIC to determine which hardware services to enable, with the out-of-band and sideband interface of Itkin to ensure that hardware services are still enabled even when the computer is off or unresponsive.
6. With regard to claim 3, Otturu teaches:
wherein the at least one indirectly manageable hardware component is not manageable by the local subscription manager and is not connected to the local subscription manager via the sideband communications (In the illustrative embodiment of FIG. 1, the computing device 104 comprises a processor 120, an I/O subsystem 122, a memory 124, a data storage device 126 and a communication circuit 130. The communication circuit may include a network interface controller (NIC), and 104 between it and one or more other external electronic devices and/or systems for any number of device and circuit communication for enabling the computing device.; Examiner’s Note: The NIC is indirectly managed by the subscription server, but is controlled by the communication circuit (directly manageable hardware component).).
However, in analogous art, Itkin teaches:
and is not connected to the local subscription manager via the sideband communications ([0036] FIG. 3 is a block diagram of a system 102 that is an example of out-of-band management to provide capabilities similar to the system 80 (FIG. 2). Communication from the host CPU 82 to the management network is mediated through the BMC 90 via bus 94 and PCIe switch 104. The BMC 90 accesses the management network 84 via sideband interfaces 106, 108, NIC 110 and port 113 while other network data is exchanged via port 112. This arrangement allows the host CPU 82 or the BMC 90 to access the management network 84 directly. In the configuration shown in FIG. 2 the BMC 90 uses the sideband interfaces 106, 108 only to control and monitor the NIC 110, for example using methods defined in the above-noted document Network Controller Sideband Interface (NC-SI) Specification, DSP0222, Ver. 1.1.0 (2015 Sep. 23). In the configuration shown in FIG. 3 the BMC 90 uses the sideband interfaces 106, 108 to connect to the management network as pass-through traffic mode in addition to the control and monitoring activities of the NIC 110, as defined in the above-noted NC-SI Specification.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Otturu with the teachings of Itkin to teach the limitation of wherein the at least one indirectly manageable hardware component is not manageable by the local subscription manager and is not connected to the local subscription manager via the sideband communications. As taught in Otturu, the subscription server (subscription manager) directly controls the communication circuit, which comprises a NIC. Therefore, the subscription server is indirectly controlling the NIC through the communication circuit. Moreover, Itkin teaches that the BMC uses sideband communications in order to control the NIC ([0036]). This is similar to how the communication circuit controls the NIC, and shows that the NIC is not connected to the subscription manager via sideband communications.
7. With regard to claim 4, Otturu further teaches:
wherein the at least one directly manageable hardware component is operably connected to the at least one indirectly manageable hardware component in a communication topology that facilitates screening of communications to the at least one indirectly manageable hardware component by the at least one directly manageable hardware component (In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; Examiner’s Note: The subscription server is analogous with the subscription manager, and it directly manages the communication circuit in order to determine the enabling of hardware features according to the received hardware platform information; In the illustrative embodiment of FIG. 1, the computing device 104 comprises a processor 120, an I/O subsystem 122, a memory 124, a data storage device 126 and a communication circuit 130. The communication circuit may include a network interface controller (NIC), and 104 between it and one or more other external electronic devices and/or systems for any number of device and circuit communication for enabling the computing device; Example 1 comprises a calculating device for using subscription-based hardware components on the device, comprising: a subscribing module, the subscription module for the device key transmitted to the network. wherein the device comprises key for hardware configuration data of the computing device, and wherein the subscription module in response to the emitting device key receiving hardware subscription authorization, wherein the hardware subscription authorization comprises the operation of the hardware components can be used by the computing device to enable or modify the computing device of guiding body; and an authentication module, the authentication module communicatively coupled to the subscription module to authenticate the leading package, wherein the subscription module directing said authenticated package body is installed in the secure memory of the computing device to authorize subscription authorization data defines the use of the hardware component by the hardware.).
8. With regard to claim 5, Otturu further teaches:
wherein limiting use of the hardware bundle comprises:
invoking a functionality of the at least one directly manageable hardware component to screen the at least one indirectly manageable hardware component from use by the user (In an illustrative embodiment, the memory 124 via one or more communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) communicatively coupled to the processor 120. memory 124 also may communicate via I/O subsystem 122 is communicatively coupled to the processor 120. The I/O subsystem can be used to facilitate processor 120 with a computing device 104, memory 124, and an input of the output operation of the other components/circuit and/or component. For example, the I/O subsystem 122 may be embodied as or otherwise comprises a memory controller hub, an input/output control backbone, firmware devices, communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) and/or other components and sub-systems for promoting input/output operation In some embodiments, the I/O subsystem 120 may form a portion of the on-chip system (SoC) and can be combined on a single integrated circuit chip on the computing device 104 of the processor 120, memory 124 and other components; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program; Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics. It should be noted that environment all kinds of module 300 may be embodied as hardware, firmware, software, or a combination thereof. For example, environment corresponding to each module 300, logic and other components can be formed as a part of a subscription server 114 of processor 150 or other hardware component or built up by the subscription server of the processor or the other hardware components in other manners.).
9. With regard to claim 6, Otturu futher teaches:
wherein selecting the hardware bundle comprises:
identifying, using a data structure, a level of performance provided by the hardware bundle (Now referring to FIG. 1, shown in the exemplary embodiments, for establishing and providing hardware subscription features of system 100. system of the illustrative 100 comprises computing device 104, subscription server 114 and network switch 170, each of which may be capable of using packet switching or other suitable communication to operate. In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; the computing device 104-110 capable of selecting/purchasing hardware feature may be embodied as any aspect can be modified from the guide level of the computing device, enabling or disabling of hardware and/or hardware components.); and
comparing the level of performance of the hardware bundle to a performance criteria specified by the subscription (Now referring to FIG. 1, shown in the exemplary embodiments, for establishing and providing hardware subscription features of system 100. system of the illustrative 100 comprises computing device 104, subscription server 114 and network switch 170, each of which may be capable of using packet switching or other suitable communication to operate. In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; the computing device 104-110 capable of selecting/purchasing hardware feature may be embodied as any aspect can be modified from the guide level of the computing device, enabling or disabling of hardware and/or hardware components; Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics.).
10. With regard to claim 7, Otturu further teaches:
further comprising:
prior to identifying the performance requirements for the subscription (fill);
performing a hardware bundling process to obtain hardware bundles for the managed system, the hardware bundles comprising the hardware bundle, and each of the hardware bundles comprising groups of hardware components of the managed system[[s]], and each of the groups having members that are exclusive to a respective group (Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics.).
11. With regard to claim 8, Otturu further teaches:
wherein the hardware components comprise directly manageable hardware components and indirectly manageable hardware components, and each of the groups comprises at least one of the directly manageable hardware components and at least one of the indirectly manageable hardware components ( In some embodiments, memory 124 and/or data storage device 126 is stored with one or more applications, and the processor 120 is operable to execute the one or more applications and to control the display screen to display corresponding image information on the. Of course, in other embodiments, computing device 104 may include other or additional components, such as a digital device and/or in a common component (e.g., various input/output devices); In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158; In an illustrative embodiment, the memory 124 via one or more communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) communicatively coupled to the processor 120. memory 124 also may communicate via I/O subsystem 122 is communicatively coupled to the processor 120. The I/O subsystem can be used to facilitate processor 120 with a computing device 104, memory 124, and an input of the output operation of the other components/circuit and/or component. For example, the I/O subsystem 122 may be embodied as or otherwise comprises a memory controller hub, an input/output control backbone, firmware devices, communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) and/or other components and sub-systems for promoting input/output operation In some embodiments, the I/O subsystem 120 may form a portion of the on-chip system (SoC) and can be combined on a single integrated circuit chip on the computing device 104 of the processor 120, memory 124 and other components; Examiner’s Note: The I/O subsystem comprises a memory controller hub. The I/O subsystem acts as a bridge (hub) between the processor and storage devices. This is a storage controller that is directly managed. Moreover, the data storage devices are indirectly managed by the I/O subsystem, which facilitates communication between the processor and storage device.).
12. With regard to claim 12, Otturu further teaches:
wherein the hardware bundling processes established the members of each of the groups based, at least in part, on a service level goal for the groups (Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics.).
13. Regarding claim 13, it is rejected under the same reasoning as claim 1 above. Therefore, it is rejected under the same rationale.
14. Regarding claim 15, it is rejected under the same reasoning as claim 3 above. Therefore, it is rejected under the same rationale.
15. Regarding claim 16, it is rejected under the same reasoning as claim 4 above. Therefore, it is rejected under the same rationale.
16. Regarding claim 17, it is rejected under the same reasoning as claim 1 above. Therefore, it is rejected under the same rationale.
17. Regarding claim 19, it is rejected under the same reasoning as claim 3 above. Therefore, it is rejected under the same rationale.
18. Regarding claim 20, it is rejected under the same reasoning as claim 4 above. Therefore, it is rejected under the same rationale.
19. With regard to claim 21, Otturu further teaches:
wherein the screening of communications includes disallowing use of a capability of the at least one indirectly manageable hardware component by the at least one directly manageable hardware component (FIG. 5 is a simplified flow chart of the subscription operation and disables the hardware in the computing device of method of at least one embodiment; Now referring to FIG. 5, computing device 104 continues to execute method according to claim 400, wherein after the authentication, in the frame 416, in the computing device 102 hardware feature subscription, and in frame 418, the computing device 104 reboot again, at this time, in the frame 420, the computing device 104 can use the subscription feature to operation of the hardware. In some embodiments, the authentication module 210 can be emitted at each time of reboot is enabled and/or operation of hardware subscription characteristic. In some embodiments, hardware subscription features may be based on a time-limited subscription. In decision box 422, determines whether it is a time-limited subscription. If it is not ("no") in the frame 420, hardware subscription characteristic is continuously running on the computing device 104. if the subscription characteristic is time-based hardware ("yes"), decision box 424 determines whether the timer associated with the hardware subscription has expired. If the timer has not expired ("no") in the frame 420, hardware subscription features continue to run on the computing device 104. If the timer has expired ("yes"), in frame 426, hardware subscription feature is disabled. Once disabled, in the frame 406, may require computing device 104 to reselect/buy a disabled feature, and continuing the authentication and enable the new package to obtain hardware subscription characteristic; In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; Examiner’s Note: The subscription server is analogous with the subscription manager, and it directly manages the communication circuit in order to determine the enabling of hardware features according to the received hardware platform information.).
20. With regard to claim 22, Otturu further teaches:
wherein the functionality of the at least one directly manageable hardware component includes artificially constraining a range of functionality of the at least one indirectly manageable hardware component (FIG. 5 is a simplified flow chart of the subscription operation and disables the hardware in the computing device of method of at least one embodiment; Now referring to FIG. 5, computing device 104 continues to execute method according to claim 400, wherein after the authentication, in the frame 416, in the computing device 102 hardware feature subscription, and in frame 418, the computing device 104 reboot again, at this time, in the frame 420, the computing device 104 can use the subscription feature to operation of the hardware. In some embodiments, the authentication module 210 can be emitted at each time of reboot is enabled and/or operation of hardware subscription characteristic. In some embodiments, hardware subscription features may be based on a time-limited subscription. In decision box 422, determines whether it is a time-limited subscription. If it is not ("no") in the frame 420, hardware subscription characteristic is continuously running on the computing device 104. if the subscription characteristic is time-based hardware ("yes"), decision box 424 determines whether the timer associated with the hardware subscription has expired. If the timer has not expired ("no") in the frame 420, hardware subscription features continue to run on the computing device 104. If the timer has expired ("yes"), in frame 426, hardware subscription feature is disabled. Once disabled, in the frame 406, may require computing device 104 to reselect/buy a disabled feature, and continuing the authentication and enable the new package to obtain hardware subscription characteristic; In use, the system 100 operation to the hardware platform information provided to subscription server 104-110 from each of the computing device 114. When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program. guiding the package serves for subscription authorization hardware of the computing device 104-110; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; Examiner’s Note: The subscription server is analogous with the subscription manager, and it directly manages the communication circuit in order to determine the enabling of hardware features according to the received hardware platform information. The hardware is constrained to a period of time.).
21. With regard to claim 23, Otturu further teaches:
wherein the at least one directly manageable hardware component includes a storage controller, the at least one indirectly manageable hardware component includes a storage device, and the functionality includes artificially constraining hardware block addresses of the storage device by the storage controller (In an illustrative embodiment, the memory 124 via one or more communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) communicatively coupled to the processor 120. memory 124 also may communicate via I/O subsystem 122 is communicatively coupled to the processor 120. The I/O subsystem can be used to facilitate processor 120 with a computing device 104, memory 124, and an input of the output operation of the other components/circuit and/or component. For example, the I/O subsystem 122 may be embodied as or otherwise comprises a memory controller hub, an input/output control backbone, firmware devices, communication links (i.e., point-to-point links, bus links, wires, cables, light guides, printed circuit board traces, etc.) and/or other components and sub-systems for promoting input/output operation In some embodiments, the I/O subsystem 120 may form a portion of the on-chip system (SoC) and can be combined on a single integrated circuit chip on the computing device 104 of the processor 120, memory 124 and other components; In some embodiments, system 100 may include a configuration forming for storing and/or executing one or more application programs of the subscription server 114, and in such embodiments, the computing device 104-110 can function as a thin client terminal device. In the illustrative embodiment of FIG. 1, subscription server 114 comprises a processor 150, an I/O subsystem 152, a memory 154, a data storage device 156, a communication circuit 162, and one or more peripheral devices 158. component corresponding to subscription server 114 component can be similar to the computing device 104, the description of the corresponding components for subscription server 114, and for the sake of definition of this specification, which will not be repeated; When the subscription server 114 receives the hardware platform information, the subscription server 114 determining the enabling of hardware features, and further determines what hardware subscription options can be used for each of the computing device 104-110. when the subscription option by a computing device (e.g., 104) selecting/purchasing hardware, the subscription server 114 using guidance package (such as the unified extensible firmware interface (UEFI) package) to provide the preboot update mechanism 104-110 is enabled to serve as a computing device of the selected/purchased hardware feature of the guide level program; Once the computing device 104 user to select and/or purchase one or more hardware subscription options, system subscription module 302 generating a guide (e.g., UEFI) hardware subscription package to be used as each of the selection/hardware purchased features in subscription authorization, and the width of each package and the cryptographic service engine module 305 provides for constructing payload transmitted together, thereby fixing package for mounting on a computing device at 104 to enable and/or modifying the hardware characteristics. It should be noted that environment all kinds of module 300 may be embodied as hardware, firmware, software, or a combination thereof. For example, environment corresponding to each module 300, logic and other components can be formed as a part of a subscription server 114 of processor 150 or other hardware component or built up by the subscription server of the processor or the other hardware components in other manners.).
22. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Otturu et al. CN 107003871 A and Itkin US 20180239730 A1, as applied in claim 1, in further view of Ferris et al. US 8606667 B2.
23. With regard to claim 9, Otturu and Itkin teach the method of claim 8 but fail to explicitly teach wherein the hardware bundling processes established the members of each of the groups based, at least in part, on similarity between the hardware components.
However, in analogous art, Ferris teaches:
wherein the hardware bundling processes established the members of each of the groups based, at least in part, on similarity between the hardware components (Col. 6, lines 21-28, In embodiments, more than one set of virtual machines can be instantiated in a given cloud at the same, overlapping, or successive times. The cloud management system 104 can, in such implementations, build, launch, and manage multiple sets of virtual machines based on the same or different underlying set of resource servers 108, with populations of different instantiated virtual machines 116 such as may be requested by different users; Examiner’s Note: VMs are built from the same set of resource servers.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Otturu and Itkin with the teachings of Ferris wherein the hardware bundling processes established the members of each of the groups based, at least in part, on similarity between the hardware components. Otturu and Itkin teach of hardware bundles based on user subscription. Similarly, Ferris teaches of a subscription service that enables a user to utilize hardware based the user’s subscription. Moreover, Ferris teaches of building VMs, which enable a user to access certain hardware resources, based on the same set of resource servers. This is grouping the hardware components based on similarities. By grouping hardware bundles based on similarity, it creates a defined role for each group of servers and simplifies the customer experience. For example, as taught in Ferris, one group of resource servers can host and serve an operating system or components thereof to deliver to and instantiate a virtual machine. Another group of resource servers can accept requests to host computing cycles or processor time, to supply a defined level of processing power for a virtual machine. A further group of resource servers can host and serve applications to load on an instantiation of a virtual machine, such as an email client, a browser application, a messaging application, or other applications or software. Other types of resource servers are possible (Col. 2, lines 62 – Col. 3, lines 5).
24. With regard to claim 10, Ferris further teaches:
wherein the hardware bundling processes established the members of each of the groups based, at least in part, on likely future uses of the hardware components (Col. 4, lines 17-23, In other embodiments, the set of virtual machines or other resources can be built on a batch basis or at a particular future time. For example, a set of resource servers 108 may respond to a request for instantiation at a programmed time with an offer to deliver the specified quantity of processor cycles within a specific amount of time, such as the next 12 hours; Examiner’s Note: The resource instantiation is based on a future time.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Otturu and Itkin with the teachings of Ferris wherein the hardware bundling processes established the members of each of the groups based, at least in part, on likely future uses of the hardware components. Ferris teaches of grouping hardware bundles on likely future uses of the hardware components. Ferris gives an example where resource servers 108 may respond to a request for instantiation at a programmed time with an offer to deliver the specified quantity of processor cycles within a specific amount of time, such as the next 12 hours (Col. 4, lines 17-23). This ensures that the appropriate number of resources are available for that future time.
25. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Otturu et al. CN 107003871 A and Itkin US 20180239730 A1, as applied in claim 8, in further view of Georgescu et al. US 20150317189 A1.
26. With regard to claim 11, Otturu and Itkin teach the method of claim 8 wherein the hardware bundling processes established the members of each of the groups based, at least in part, on a management overhead goal for the groups.
However, in analogous art, Georgescu et al. teaches:
wherein the hardware bundling processes established the members of each of the groups based, at least in part, on a management overhead goal for the groups ([0023] In multi resource computing environments in which software is provided as a service, the flexible or elastic nature of SaaS (Software as a Service) and the cloud computing model in general gives a client requesting execution of an application additional degrees of freedom in choosing the amount and types of resources assigned to running a particular execution of an application. In contrast to the traditional computing model in which applications run on a local workstation and the time taken to execute a particular application is only a function of the performance of the underlying hardware, cloud computing or SaaS can potentially offer a degree of control over the configuration of resources employed in a particular execution of the application by giving a user (via a client machine) the freedom to choose the way the application is executing, for example, by specifying a number of performance targets. For example, the user can cause an application to execute faster by either assigning more computing nodes to the application or choosing faster ones, or both. Quite the opposite, if execution time is not the first constraint, the user can use fewer or slower nodes to run the application in order to reduce costs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Otturu and Itkin with the teachings of Georgescu wherein the hardware bundling processes established the members of each of the groups based, at least in part, on a management overhead goal for the groups. Together, Ferris and Bhattacharyya teach of a hardware bundling process that allocates resources to subscribers based on a performance criteria, and limiting access to only directly manageable hardware components when a limit is reached. Similarly, Georgescu teaches of selecting a configuration that best meets the performance targets of an application. In Georgescu, the resources are grouped together to meet a management overhead goal ([0023]). By doing so, overall costs can be reduced, providing the system an efficient method for resource allocation.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 AN-AN N NGUYEN whose telephone number is (571)272-6147. The examiner can normally be reached Monday-Friday 8:00-5:00 ET.
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, AIMEE LI can be reached at (571) 272-4169. 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.
/AN-AN NGOC NGUYEN/Examiner, Art Unit 2195