Prosecution Insights
Last updated: May 29, 2026
Application No. 18/476,983

FIRMWARE UPDATING METHOD AND FIRMWARE UPDATING SYSTEM

Final Rejection §102
Filed
Sep 28, 2023
Priority
Jun 19, 2023 — CN 202310728928.0
Examiner
KENDALL, CHUCK O
Art Unit
2192
Tech Center
2100 — Computer Architecture & Software
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
801 granted / 920 resolved
+32.1% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
15 currently pending
Career history
941
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
27.9%
-12.1% vs TC avg
§102
51.3%
+11.3% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 920 resolved cases

Office Action

§102
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 is in response to Amendment/Request for Reconsideration filed 12/22/25. Claims 1 – 12 have been amended and are pending. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s)1 – 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gleason et al. US 20200343737 A1. Regarding claims 1 and 12, Gleason anticipates a firmware updating method, executed by a charger, and comprising: sending first data to a terminal, wherein the first data comprises charging state information of the charger during charging [0085, see “…information about a current state..”]; receiving second data sent by the terminal, wherein the second data comprises program data determined based on the first data and configured for updating firmware of the charger [0073]; and updating the firmware of the charger based on the second data [0073, see charger controller as well as receive firmware updates]; wherein the charger is monitored to acquire the first data of the charger, in response to that the charger is connected with a power supply and the terminal [0085, discloses “…a battery 440 may include diagnostic or management circuitry that monitors, stores or obtains battery data, and that communicates battery data via the data terminals…] as noted the Battery is the charger and does in fact perform monitoring as disclosed in the instant claimed invention. Regarding claim 2, the method according to claim 1, wherein the charging state information comprises at least one of the number of times of protection, a charging current, a charging voltage, a device temperature, a charging efficiency, an adopted charging protocol, a charging power, a working state of a key device, a charging voltage requested by the terminal and a charging current requested by the terminal [0055 – 0056, see power, temperature, current, voltages, charging status (note claims calls for at least one of, prior art is more comprehensive than just at least one)]. Regarding claim 3, the method according to claim 1, further comprising: storing the first data; and deleting the stored first data after a first time [0097 – 0098, see data module as well as overwritten i.e. deleting]. Regarding claim 4, the method according to claim 1, wherein the sending the first data to the terminal comprises: sending the first data to the terminal in response to being in a charging completion state [0097, see “after charging is complete”]. Regarding claim 5, the method according to claim 1, further comprising: sending update information to the terminal, wherein the update information indicates a progress of updating the firmware of the charger by the terminal [0044, see status of battery also see 0073 for receiving firmware updates]. Regarding claim 6, Gleason anticipates firmware updating method, is executed by a terminal, and comprising: receiving first data sent by a charger, wherein the first data comprises charging state information of the charger during charging; sending the first data to a cloud [0027, shows being done remotely or through server, and for charging state see 0044, see status of battery]; receiving second data from the cloud in response to that firmware of the cloud is different from firmware of the charger, wherein the second data comprises program data determined based on the first data and configured for updating the firmware of the charger; and sending the second data to the charger [0044, and 0073]. Regarding claim 7, the method according to claim 6, wherein the sending the first data to the cloud comprises: sending the first data to the cloud in response to that a state indicated by the charging state information is a first state, wherein the first state is determined based on the number of times of protection events that have occurred in the terminal [0044, 0073, for state/status also refer to 112 2nd paragraph rejection for protection events]. Regarding claim 8, the method according to claim 6, wherein the sending the second data to the charger comprises: sending the second data to the charger in response to that the terminal is in a charging completion state [0097, see charging is complete]. Regarding claim 9, the method according to claim 6, wherein the sending the second data to the charger comprises: sending the second data to the charger in response to detecting a first operation instruction of a user [0072 – 0076]. Regarding claim 10, the method according to claim 6, wherein the sending the second data to the charger comprises: sending the second data to the charger in response to that the terminal is in a charging completion state [0097]; and sending the second data to the charger in response to detecting a first operation instruction of a user [0044, 0097]. Regarding claim 11, the method according to claim 6, further comprising: receiving update information sent by the charger, wherein the update information indicates a progress of updating the firmware of the charger by the terminal [0072 – 0076]. Regarding claim 12, a firmware updating system, comprising a charger, a terminal and a cloud, wherein the charger is configured to send first data to the terminal, wherein the first data comprises charging state information of the charger during charging [0085, see “…information about a current state..”]; the terminal is configured to send the first data to the cloud [0027, see remote and server for cloud]; the cloud is configured to acquire second data and send the second data to the terminal, wherein the second data comprises program data determined based on the first data and configured for updating firmware of the charger; and the terminal is configured to update the firmware of the charger based on the second data [0073, see charger controller as well as receive firmware updates]. Response to Arguments Applicant’s arguments with respect to claim(s) 1 – 12 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. Correspondence Information 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 Chuck Kendall whose telephone number is 571-272-3698. The examiner can normally be reached on 10:00 am - 6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung Sough can be reached on 571-272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only [0060 – 0080]. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /CHUCK O KENDALL/ Primary Examiner, Art Unit 2192
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §102
Dec 22, 2025
Response Filed
Apr 02, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
87%
Grant Probability
94%
With Interview (+7.4%)
2y 11m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 920 resolved cases by this examiner. Grant probability derived from career allowance rate.

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