DETAILED ACTION
This office action is responsive to amendment filed on June 1, 2026 in this application Banik et al., U.S. Patent Application No. 18/557,897, (Filed October 27, 2023) claiming priority to PCT/US2231222 (5/26/2022) claiming priority to IN202141044107 (9/29/2021) (“Banik”). Claims 24 – 38 were pending. Claims 24, 29, and 34 are amended. Claims 24 – 38 are pending.
Applicants' arguments have been carefully and respectfully considered and found not persuasive. Accordingly, this action has been made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 6/1/2026 and 7/22/2026 are 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.
Response to Arguments
1. With respect to Applicant’s argument on pgs. 9 – 10 of the Applicant’s Remarks (“Remarks”) that the claims do not recite an abstract idea and that even if there was an abstract idea the claims integrate such idea into a practical application, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §101.
The portion of the claims that represent the abstract idea are the determining and setting steps which can be performed in the mind of a user who is viewing update power requirements and battery power availability and entering a parameter to a computer to specify the minimum power update mode. See MPEP § 2106.04(a)(2)(III)(C). Thus, the claims recite an abstract idea.
In addition, the claims fail to integrate this abstract idea into a practical application because the updating step is both optional in the claim and recited at such a high level that mere data transmission and storage, such as of an application file, would fit the broadest reasonable interpretation of the claim. See MPEP 2106.05(d). Thus, the claims do not integrate the abstract idea into a practical application.
2. With respect to Applicant’s argument on pgs. 10 – 11 of the Remarks that the initial disclosure demonstrates possession of “sending the updated one or more components…to a system update repository,” examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §112.
While applicant discusses the specification at ¶¶ 0027 – 0029, 0033, and 0060 – 0062 as well as figs. 1 and 2, it is unclear from these sections where support may be found for “sending the updated one or more components…to a system update repository.” The only section of the specification which appear to discuss sending anything to the “system update repository” is ¶ 0059. Paragraph 0059 only discloses sending metadata to the repository. The other sections cited by Applicant do not appear to disclose sending anything to the repository, thus it is unclear how they would demonstrate possession of sending the particular “updated one or more components” to the repository. While the cited section disclose aspects of the updating process and of the update package used to perform the update, it is noted that the rejected claim limitation refers not to sending the package, or even to the OS package 107 and/or the FW Package 108 to the repository, but rather the claim limitation refer to sending the “updated one or more components” (emphasis added) which would be the components of the computing device after the update package was applied to them as part of the update process.
Therefore, the claims remain rejected under 35 USC 112(a).
3. With respect to Applicant’s argument on pgs. 12 - 13 of the Remarks stating that Qiu is not combinable with Jeon, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §103 § Claim 1.
Applicant argues Jeong and Qiu address different technical problems and are not combinable because “they serve different purposes in different environments with different failure consequences.” However, both involve updating software in battery-powered devices based in part on time availability for the update where the use of the device would be impacted by the updating process and thus the resource consumption must be considered. See Jeon at Abstract (update is based on time required for update); see Qui at ¶¶ 0041 - 0044 (estimated update duration [time] is considered). Thus, Jeong and Qui address similar problems and purposes and, at least for those argued reasons, are combinable.
4. With respect to Applicant’s argument on pg. 13 of the Remarks stating that prior art reference Jeong fails to teach a system update configuration, prior art reference Qiu is used to teach this limitation and therefore this argument is moot. See infra § Claim Rejections - 35 USC §103 § Claim 1.
5. With respect to Applicant’s argument on pg. 13 of the Remarks stating that prior art reference Qiu fails to teach a battery resource metric, prior art reference Jeong is used to teach this limitation and therefore this argument is moot. See infra § Claim Rejections - 35 USC §103 § Claim 1.
6. With respect to Applicant’s argument on pgs. 13 - 14 of the Remarks stating that the prior art references fail to teach the setting, updating, and sending limitations, examiner respectfully disagrees. See infra § Claim Rejections - 35 USC §103 § Claim 1.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. While Applicant lists three limitations as allegedly not being taught by the reference there is no discussion of how the listed limitations are distinguished from the teaching of the references.
As noted infra, Jeong teaches receiving an ECU/controller update, may estimating the time required to perform the update, determining whether to perform the update based on whether there is a sufficient battery amount remaining, and performing the update. Jeong at Abstract; id. at ¶¶ 0030, 0031, 0037, 0049, 0053; id. at ¶¶ 0029 & 0030 (update is firmware for control of an ECU/MCU); id. at ¶ 0003 (update may be performed wirelessly); id. at ¶ 0054 (stop update if minimum power is not available). Qui is used to teach where the determination analysis is performed using configuration information. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download). Qiu also teaches sending metadata on the performance of an update back to a server for use in future update determinations. See Qiu at ¶¶ 0041.
In addition, newly added prior art reference Katpelly is used to teach the minimum power mode and the configuration. Katpelly teaches that in order to perform a task a power mode parameter may be specified for an application, such an update application, which directs the system to alter the behavior of the application to reduce power as specified by the parameter such that the application is placed into a low-power mode to reduce its power consumption by reducing features of the application or reducing the use of the application sufficient to satisfy the power availability requirements. Katpelly at Abstract; id. at ¶¶ 0017 & 0026 – 0029.
Therefore, the combination of prior art references teach the determining and updating limitations.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 24 - 38 are rejected under 35 U.S.C. 101 because the claimed inventions are directed to non-statutory subject matter. The claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to a “Mental Processes” abstract idea without significantly more.
Claim 24 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a “Mental Processes” abstract idea without significantly more. The claim recites determining an estimated system update time of usage of the battery to update the one more components based at least in part on the system update configuration; setting a minimum power update mode based on the system update configuration; which can be performed in the mind or by pen and paper, but for the recitation of generic computer components.
That is, other than reciting generic computer components, insignificant extra-solution data transmission activity, and an optional updating step, nothing in the claim elements precludes the determination of estimated update time from being performed by a user. As drafted, the claimed process, under its broadest reasonable interpretation when the updating is not performed, covers performance of the limitation in the mind but for the recitation of the generic computer components and pre solution data transmission, which falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because the claims only recite generic computing components and pre-solution data transmission when the optional updating step is not performed. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the identified additional elements that use generic computer components amount to no more than mere instructions to apply the exception using a generic computer component as well as insignificant extra-solution data transmission activity. See MPEP 2106.05(d)(II).
Claims 25 - 38 contain the same abstract idea as claim 1 and do not contain any additional limitations that would integrate the judicial exception into a practical application or additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element amount to no more than routine pre-and post-solution storage and data transmission.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 24 – 38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 24, 29, and 34 are rejected under 35 U.S.C. 112(a) because the claim recites “sending the updated one or more components and updated metadata associated with the updated one or more components to a system update repository.” The specification states that “updated system update metadata” can be sent to the system update repository but does not appear to disclose sending the “updated one or more components” to the system update repository as claimed. See Banik at ¶ 0059. The specification makes clear that updated components and updated metadata are two different elements and that only the updated metadata is sent to the system update repository. Id. at ¶ 0094. Therefore, the specification fails to disclose “sending the updated one or more components … to a system update repository.” (emphasis added)
Claims 25 – 28, 30 – 33, and 35 – 38 are rejected as depending on claims 24, 29, and 34 respectively.
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 24 - 38 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al., United States Patent Application Publication No. 2020/0073653 (Published March 5, 2020, filed March 5, 2020) (“Jeong”) in view of Qiu, CN111182526A (Published May 19, 2020, filed November 12, 2018) (“Qiu”) and Katpelly et al., United States Patent Application Publication No. 2010/0145643 (Published June 10, 2010, filed December 4, 2008) (“Katpelly”).
Claims 24, 29, and 34
With respect to claims 24, 29, and 34, Jeong teaches the invention as claimed including a method comprising: receiving, by processing circuitry of a computing device, a system update [configuration] for managing updating of one or more components of the computing device powered by a battery; determining an estimated system update time of usage of the battery to update the one more components based at least in part on the system update [configuration]; and updating the one or more components when resource requirements of the system update [configuration] are satisfied and the estimated system update time is less than or equal to a minimum remaining time of usage of the battery. {A vehicle may receive an ECU/controller update, may estimate the time required to perform the update, and then may determine whether to perform the update based on whether there is a sufficient battery amount remaining. Jeong at Abstract; id. at ¶¶ 0030, 0031, 0037, 0049, 0053; id. at ¶¶ 0029 & 0030 (update is firmware for control of an ECU/MCU); id. at ¶ 0003 (update may be performed wirelessly); id. at ¶ 0054 (stop update if minimum power is not available).}
However, Jeong doesn’t explicitly teach the limitation:
[system update] configuration…and sending the updated one or more components and updated metadata associated with the updated one or more components to a system update repository. {Qiu does teach this limitation. Qiu teaches that the battery charge level dependent ECU firmware update method, as taught in Jeong, may include receiving by a mobile terminal, via wifi, update configuration information, such as average amount of time to download and perform the update, using the configuration information to determine whether to perform the update, and then updating metadata after the update by specifying the performance of the update process such as the update duration time. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download).
Jeong and Qiu 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 updating, and both are trying to solve the problem of whether to perform an 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 the battery charge level dependent ECU firmware update method, as taught in Jeong, with using an update configuration to specify the update information, as taught in Qiu. Qiu teaches the configuration information can be updated based on the performance of prior updates. Id. at ¶ 0041. Therefore, one having ordinary skill in the art would have been motivated to combine the battery charge level dependent ECU firmware update method, as taught in Jeong, with using an update configuration to specify the update information, as taught in Qiu, for the purpose of using a known update performance information reporting mechanism for an update process that requires the evaluation of update information to determine update performance.}
However, Jeong and Qiu doesn’t explicitly teach the limitation:
setting a minimum power [update] mode based on the system [update] configuration;…based on the minimum power [update] mode, {Katpelly does teach this limitation. Katpelly teaches that the battery charge level dependent ECU firmware update method, as taught in Jeong and Qiu, may include where in order to perform a task a power mode parameter may be specified for an application, such an update application, which directs the system to alter the behavior of the application to reduce power as specified by the parameter such that the application is placed into a low-power mode to reduce its power consumption by reducing features of the application or reducing the use of the application sufficient to satisfy the power availability requirements. Katpelly at Abstract; id. at ¶¶ 0017 & 0026 – 0029.
Jeong, Qiu, and Katpelly 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 power managment, and both are trying to solve the problem of how to execute an application.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the battery charge level dependent ECU firmware update method, as taught in Jeong and Qiu, with adjusting the power consumed by an application, as taught in Katpelly. Qiu teaches the configuration information can be updated based on the performance of prior updates. Id. at ¶ 0041. Therefore, one having ordinary skill in the art would have been motivated to combine the battery charge level dependent ECU firmware update method, as taught in Jeong, with adjusting the power consumed by an application, as taught in Katpelly, for the purpose of using a known update performance information reporting mechanism for an update process that requires using information parameters to set the performance of the update application.}
Claims 25, 30, and 35
With respect to claims 25, 30, and 35, Jeong, Qiu, and Katpelly teach the invention as claimed including:
deferring updating of the one or more components when the resource requirements of the system update [configuration] are not satisfied or the estimated system update time is greater than the minimum remaining time of usage of the battery, wherein the one or more components include one or more software components or one or more firmware components. {Update may be stopped if minimum power is not available. Jeong at ¶ 0054 (stop update).}
[system update] configuration {Receiving update configuration information, via wifi, by a mobile terminal, such as average amount of time to download and perform the update, using the configuration information to determine whether to perform the update, and then updating metadata after the update by specifying the performance of the update process such as the update duration time. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download).
Claims 26, 31, and 36
With respect to claims 26, 31, and 36, Jeong, Qiu, and Katpelly teach the invention as claimed including:
receiving the system update configuration from an updater package obtained from a system update repository coupled to the computing device via a network, wherein the estimated system update time comprises a time to download the updater package and a time to perform the update of the one or more components, {Receiving update configuration information, via wifi, by a mobile terminal, such as average amount of time to download and perform the update, using the configuration information to determine whether to perform the update, and then updating metadata after the update by specifying the performance of the update process such as the update duration time. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download).
wherein the updater package comprises updated firmware to replace firmware associated with the one or more firmware components of the one or more components, wherein the one or more firmware components include one or more of a basic input/output system (BIOS), a device, or a portion of an operating system of the computing device. {Update is firmware for control of an ECU/MCU. Jeong at ¶¶ 0029 & 0030.}
Claims 27, 32, and 37
With respect to claims 27, 32, and 37, Jeong, Qiu, and Katpelly teach the invention as claimed including:
wherein the resource requirements comprise one or more of cellular communications or Wi-Fi communications that are used to obtain the updater package, {Receiving update configuration information, via wifi, by a mobile terminal, such as average amount of time to download and perform the update, using the configuration information to determine whether to perform the update, and then updating metadata after the update by specifying the performance of the update process such as the update duration time. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download).
wherein the processing circuitry is coupled to a memory, the processing circuitry comprising one or more of application processing circuitry or graphics processing circuitry. {A vehicle may receive an ECU/controller update, may estimate the time required to perform the update, and then may determine whether to perform the update based on whether there is a sufficient battery amount remaining. Jeong at Abstract; id. at ¶¶ 0030, 0031, 0037, 0049, 0053; id. at ¶¶ 0029 & 0030 (update is firmware for control of an ECU/MCU); id. at ¶ 0003 (update may be performed wirelessly); id. at ¶ 0054 (stop update if minimum power is not available).}
Claims 28, 33, 38
With respect to claims 27, 32, and 37, Jeong, Qiu, and Katpelly teach the invention as claimed including:
verifying performance of the updating of the one or more components and saving the system update configuration; updating updater metadata of the updater package based at least in part on performance of the updating of the one or more components and sending the updated updater metadata to the system update repository; {Receiving update configuration information, via wifi, by a mobile terminal, such as average amount of time to download and perform the update, using the configuration information to determine whether to perform the update, and then updating metadata after the update by specifying the performance of the update process such as the update duration time. Qiu at ¶¶ 0039 - 0044; id. at ¶ 0041 (update performance metadata); id. at ¶¶ 0040, 0044, 0115 (using WiFi and/or cellular to perform the update download).
and storing, in a table, identification of selected hardware intellectual property (IP) blocks of the computing device and setting the IP blocks to a minimum power update mode based at least in part on an administration configuration or a user. {A vehicle may receive memory ROM data [IP blocks] for controlling an ECU and may store the ROM data to a memory prior to using it to update the ECU where the ROM data includes an identification of the version of the software. Jeong at Abstract; id. at ¶¶ 0030, 0031, 0037, 0049, 0053 (update with version identification); id. at ¶¶ 0029 & 0030 (update is firmware for control of an ECU/MCU); id. at ¶ 0036 (ROM data).}
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.
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//T.H./ September 22, 2026
Examiner, Art Unit 2199
/LEWIS A BULLOCK JR/Supervisory Patent Examiner, Art Unit 2199
