DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions.
Status of Claims
The following is a Final Office action in response to applicant's amendment and response received 11/21/2025, responding to the 08/21/2025 non-final/final office action provided in rejection of claims 1-13 and 15.
Claims 2-11, 13 and 15 have been amended. Claim 1 has been cancelled. Claims 2-13 and 15 are pending and are addressed in this office action. New grounds of rejection are presented in view of the newly presented limitation(s).
Examiner notes
(A). Limitations have been provided with the Bold fonts in order to distinguish from the cited part of the reference (Italic).
(B). Examiner has cited particular columns, line numbers, references, or figures in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP §§ 2141.02 and 2123.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111 (c).
Response to Amendments and Arguments
With respect to the objection of claims, applicant arguments (remarks page 7) have considered but new objection herein asserted due to amendment introduced objections.
In light of the amendment of claims 3-11 and 15, the Previous Action's rejections of those claims under 35 U.S.C. § 112 are hereby withdrawn. However, applicant’s amendments introduced rejections.
With respect to the rejection of claim 11 under 35 USC 103(a), Applicant argues that Rajbharti does not teach or suggest any way to implement a device individual firmware in response to a lack of hardware resources as claimed. Instead, Rajbharti teaches an evaluation board that cannot support all conceivable firmware functionalities at once for reasons of compatibility. Applicant asserts that this is not the same as deliberately dimensioning the hardware platform with less hardware resources and making do with this "less" by providing device-individual firmware as claimed. The addition of Ayanam does not rectify these shortcomings of the rejection based on Rajbharti.(Remarks, page 9)
Applicant argument have been considered but moot in view of new ground of rejection.
With respect to the rejection of claims 13 and 15 under 35 USC 103(a), Applicant argues that providing a provisioning service comprising a library of predetermined source code modules in which functionalities from a predetermined catalog are implemented, wherein a user of the embedded device is excluded from reading access to the source code modules, wherein the embedded device has a lack of hardware resources to support full firmware functionalities.
Applicant submits that the remarks made above with respect to independent claim 11 similarly apply to independent claim 13. In particular, Applicant respectfully asserts that Rajbharti, alone or in combination with Ayanam fails to teach generating device individual firmware in response to a lack of hardware resources. (Remarks, page 10)
Applicant argument have been considered but moot in view of new ground of rejection.
Applicant offers no other arguments beyond arguing allowability for the reasons cited for the independent claim(s) or dependence upon said claims. These arguments are considered met.
Claim Objections
Claims 2-13 and 15 are objected to because of the following informalities:
Claim 2, line 1, insert --the-- before “translating”.
Claim 3, lines 5, should “single functionalities” insert --single functionality--?
Claim 6, line 3, “the machine code” lacks proper antecedent basis.
Claim 11, line 24, before “lack”, replace “the” with --a--.
Claim 13, “the embedded device” (line 6) and “the individual firmware” (lines 16 and 18) lack proper antecedent basis.
Claim 15, “the embedded device” (line 5) lacks proper antecedent basis.
Claims 4, 5, 7-10, and 12 depend on the objected claim and inherit the same issue.
Appropriate correction is required.
Claim Rejections - 35 U.S.C. 112
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 35 U.S.C. 112 (pre-AIA ), first paragraph:
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 2-13 and 15 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 join inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11, line 23-24 recites the limitation " not capable of executing firmware having all of the functionalities from the predetermined catalog due to the lack of hardware resources." This limitation is not supported by the originally filed specification. The closest portion recited in the originally filed specification page 9, line 21-27 discloses that “In another advantageous embodiment, translating, and/or generating the individual firmware, includes allocating different hardware resources of the embedded device to different portions of the machine code for execution. For example, if a microprocessor of the embedded device has multiple cores, certain cores may be dedicated to execute certain portions of the machine code. In this way, for example, the execution of particularly time-critical tasks can be ensured without obstruction by other processes or threads.” that is different from “... due to a lack of hardware resources.” Thus, the amendments filed after the non-final raise the issue of new matter.
Claims 13 and 15 recite the limitation "wherein the embedded device has a lack of hardware resources to support full firmware functionalities;" This limitation is not supported by the originally filed specification. The closest portion recited in the originally filed specification page 9, line 21-27 discloses that “In another advantageous embodiment, translating, and/or generating the individual firmware, includes allocating different hardware resources of the embedded device to different portions of the machine code for execution. For example, if a microprocessor of the embedded device has multiple cores, certain cores may be dedicated to execute certain portions of the machine code. In this way, for example, the execution of particularly time-critical tasks can be ensured without obstruction by other processes or threads.” that is different from “... due to a lack of hardware resources...”. Thus, the amendments filed after the non-final raise the issue of new matter.
Per claims 2-10 and 12, these claims are rejected based on dependency on claim 11.
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 2 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 9, line 3, “the source code modules” is unclear whether it refers to “predetermined source code modules” in lines 5-6 or “associated source code modules” in line 12 of claim 11. For the purposes of the examination, it will be treated as --source code modules--.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-3, 5-9, 11, 13 and 15 are rejected under 35 U.S.C. 103 as being obvious over Rajbharti et al (DS provided) (US 20210011703 A1) in view of Ayanam et al (IDS provided) (US 20150052596 A1) and Mayhead et al. (US 7987269 B1, hereinafter Mayhead).
As to claim 11, Rajbharti discloses a method for provisioning an embedded device,
providing the embedded device with a hardware platform for executing a firmware (par 0069, the client device 4 [i.e. embedded device] has finished downloading the example firmware, it scans for BLE advertisements using the friendly name associated with the user evaluation hardware board 2, makes a BLE connection, then in step 42 transfers the firmware binary from temporary storage to memory storage (not shown) of the user evaluation hardware board 2. The user evaluation hardware board 2 notifies the interfacing host application 7 of a successful file transfer in step 44, reboots itself (if required), and executes the now installed firmware in step 45 … );
creating individual firmware (par. 0008, generate a catalog of the compatible firmware packages for the user evaluation hardware board, transmit the catalog to the first client device, receive a request for a user selected firmware package from the catalog of compatible firmware packages, and to transmit firmware of the user selected firmware package to the first client device … ) for the embedded device by providing provisioning service comprising a (Rajbharti abstract, The firmware repository server [i.e. provisioning service by the server] is further configured to: receive a firmware request for a user evaluation hardware board from a first of the client devices, search the plurality of firmware packages for compatible firmware packages for the user evaluation hardware board, generate a catalog of the compatible [i.e. functionalities] firmware packages for the user evaluation hardware board, transmit the catalog [i.e. predetermined] to the first client device. Further, pars. 0032-0033, the catalog comprises metadata of the compatible firmware packages. … the processor of the firmware repository server is additionally configured to determine if a secondary application is required for the user selected firmware package. This may, e.g., be the case if a specific functionality … ), wherein a user of the embedded device is excluded from reading access to the source code modules (Rajbharti par. 0087, … The user accounts and the user groups are used by the firmware repository server 5 to control access to a plurality of repositories and firmware packages. The access control may provide ;
receiving, from at least one requester, by the provisioning service, a selection of functionalities to be provided in the individual firmware from the predetermined catalog of available functionalities (Rajbharti par. 0008);
translating the selection of functionalities into instructions for compiling associated source code modules into machine code (“binary”) modules by the provisioning service such that the union set of machine code (“binary”) modules provides the functionalities from the selection (Rajbharti par. 0024);
executing, or causing to be executed, the instructions for compilation by the provisioning service (Rajbharti par. 0067);
generating the individual firmware using the machine code (“binary”) modules created during compilation by the provisioning service (Rajbharti pars. 0027-0028); and
transmitting the individual firmware from the provisioning service to the user of the embedded device, or directly to the embedded device (Rajbharti par. 0028); and
loading the individual firmware onto the embedded device for execution on the hardware platform (Rajbharti par. 0028, Once the user has selected a desired firmware package from the catalog of compatible firmware packages, a request for a user selected firmware package is transmitted [i.e. loaded] by the first user device [i.e. the user of the embedded device] … ), wherein an embedded device(Rajbharti par. 0008, The system comprises a firmware repository server, which firmware repository server … receive a firmware request for a user evaluation hardware board from a first of the client devices, search the plurality of firmware packages for compatible firmware packages for the user evaluation hardware board, generate a catalog of the compatible firmware packages for the user evaluation hardware board, transmit the catalog to the first client device, receive a request for a user selected firmware package from the catalog of compatible [i.e. predetermined catalog of available functionalities] firmware packages, and to transmit firmware of the user selected firmware package to the first client device. Note: user selected compatible [i.e. predetermined catalog of available functionalities] and user evaluation hardware board from a first of the client devices are considered only cable of executing firmware having all of the functionalities from the predetermined catalog but not all).
Ayanam discloses creating individual firmware for the embedded device providing provisioning service comprising a library of predetermined source code modules (Ayanam abstract and par. 0011, … providing, at a remote computing device in communication with the firmware generator via a network, a graphical user interface configured to allow a user to visually generate a configuration instruction of baseboard firmware and send the configuration instruction to the firmware generator, and (c) constructing a firmware image at the firmware generator … the firmware generator [i.e. provisioning server by FW generator]to at least one of: (a) create a customized [i.e. predetermined] firmware for a destination computer by selecting a system-on-a-chip and one or more components from a module code library of the firmware generator… The feature is a function provided by the selected component and described in the corresponding device description file; a module code of each feature exists in the module code library of the firmware generator. The module code library includes at least one of source code and binary code);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include providing a provisioning service comprising a library of predetermined source code modules in which functionalities, as disclosed by Ayanam, for the purpose of building a firmware image by module codes of selected features from a module code library, (see paragraph 0011 of Ayanam).
Mayhead disclose (col. 1, ll. 30-43, systems suffer from a variety of deficiencies [i.e. lacking resources]. In particular, one such deficiency exists when a product (e.g., hardware resources, software resources, etc.) changes ownership or, similarly, when the responsibility for administration and operation of network assets changes. In such circumstances, conventional product registration systems are not capable of tracking and accommodating such changes in product ownership and/or network administration. More specifically, conventional product registration systems are unable to accommodate such changes in terms of the applicability and right to receive product support and services (e.g., software/firmware updates, security patches, etc.) as well as the administrative associations (e.g., permissions afforded to users of the network resources));
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include not capable of executing firmware having all of the functionalities from the predetermined catalog due to the hardware resource, as disclosed by Mayhead, for the purpose of notifying user associated with the product, and product updates (for example, software updates) for the product., (see col. 1, ll. 10-12 of Mayhead).
As to claim 2, Ayanam discloses the method wherein translating comprises selecting (Ayanam pars. 0009, 0011, … a second request for selecting a first component, and the second request is formed by a user [i.e. requester] dragging a first graphical icon representing the first component from the first portion into the second portion … The feature is a function provided by the selected component and described in the corresponding device description file; a module code of each feature exists in the module code library of the firmware generator. The module code library includes at least one of source code and binary code).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method wherein translating comprises selecting functionalities from the functionalities implemented in a source code module based on the selection received from the at least one requester, as disclosed by Ayanam, for the purpose of building a firmware image by module codes of selected features from a module code library (see paragraph 0011 of Ayanam).
As to claim 3, Rajbharti discloses the method wherein, when translating in response to, for a subset of the functionalities from the selection received from the at least one requester, machine code (“binary”) that provides the subset of the functionalities being obtainable both by compiling several source code modules (Rajbharti par. 0024, … . A firmware package may comprise the at least one software application in compiled, e.g., binary [i.e. machine code module], and/or uncompiled, e.g. source code, format. In some embodiments, a firmware package is provided as ‘bundle’ of both, the compiled binary and source code versions of the respective application Note: software application consider several source code), each of which implements single functionalities from the subset, as well as by compiling a single source code module, in which the subset of the functionalities are implemented (Rajbharti pars. 0027-0028, the processor of the firmware repository server is further configured to generate a catalog of the compatible firmware packages … Once the user [i.e. requester] has selected a desired firmware package from the catalog of compatible firmware packages, a request for a user selected firmware package is transmitted by the first user device and according to the present aspect, subsequently received by the processor of the firmware repository server. The processor of the firmware repository server then may transmit (binary/compiled) firmware of the user selected firmware package to the first client device … . Note: single functionality considered when user/request selected from a firmware package).
As to claim 5, Ayanam discloses the method wherein the (Ayanam pars. 0008, 0011 and 0035, … a login request sent from the graphical user interface for a user [i.e. requester]; detecting, at the graphical user interface, a selection of one or more components to be included in the firmware configuration file; … the firmware generator to at least one of: (a) create a customized firmware [i.e. predetermined] for a destination computer [i.e. embedded device] by selecting a system-on-a-chip and one or more components from a module code library of the firmware generator… The feature is a function provided by the selected component and described in the corresponding device description file; a module code of each feature exists in the module code library of the firmware generator. The module code library includes at least one of source code and binary code … module may refer to, be part of, or include an Application Specific Integrated Circuit (ASIC); an electronic circuit; a combinational logic circuit; a field programmable gate array (FPGA [i.e. hardware accelerator]); a processor (shared, dedicated, or group) that executes code; other suitable hardware components that provide the described functionality; or a combination of some or all of the above, such as in a system-on-chip);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method wherein the translating, or the generating the individual firmware, includes allocating the use of at least one hardware accelerator of the embedded device to the functionalities in the selection received from the at least one requester, as disclosed by Ayanam, for the purpose of building a firmware image by module codes of selected features from a module code library (see paragraph 0011 of Ayanam).
As to claim 6, Ayanam discloses the method wherein the translating, or the generating the individual firmware, includes allocating different hardware resources of the embedded device to different portions of the machine code (“binary”) for execution (pars.0012 and 0086, … The management module includes a software module operable for implementation on a computer system. The management module includes a baseboard management controller (BMC)[i.e. hardware resources]operable for being communicatively connected to the baseboard. … The user can then specify certain firmware features (SPX packages) the firmware intends to include. The SPX Package generation interface can transmit the user's specification to the web server 112, which in turn transmits the specification to the SPX builder. The SPX builder can copy the user's selection of certain features into an SPX firmware building space either in source code or binary code [i.e. different portions of the machine code], as specified. The SPX builder compiles [i.e. translate] the source codes of the selected SPX packages, and links the binary codes of the selected SPX packages to generate the customized BMC [i.e. Baseboard Management Controller, that is different hardware resource] firmware image. The user can also use the SPX debugger to set break point, step through the program to debug the firmware, for example, during run time).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method wherein the translating, or the generating the individual firmware, includes allocating different hardware resources of the embedded device to different portions of the machine code for execution, as disclosed by Ayanam, for the purpose of user's selection of certain features into an SPX firmware building space either in source code or binary code (see paragraph 0086 of Ayanam).
As to claim 7, Rajbharti discloses the method wherein the provisioning service further causes the (par. 0033, the processor of the firmware repository server is additionally configured to determine if a secondary application is required for the user selected firmware package. This may, e.g., be the case if a specific functionality to be tested [i.e. checked] requires interaction with the secondary application. … ).
As to claim 8, Rajbharti discloses the method wherein the provisioning service is provided on a server external from a viewpoint of the user of the embedded device, or in a cloud (par. 0100-0104, improved handshake is used to identify board and/or (wireless) communication parameters using the aforementioned machine-readable code and the camera of the mobile device 4 [i.e. user of the embedded device], wherein the code also comprises board and/or (wireless) communication parameters; … the mobile device 4 and LEDs on the user evaluation hardware board 2, wherein the LEDS emit a pattern that comprises board and/or (wireless) communication parameters, which pattern is captured by the camera … the firmware repository server 5 [i.e. provisioning service provider server] comprises pricing information and the interfacing host application allows 7 allows the user to make a payment prior to downloading a particular firmware; [0103] the interfacing host application 7 allows browsing for evaluation boards for specific purposes and to order such additional evaluation boards; and/or [0104] in which the user evaluation hardware board 2 comprises a Wi-Fi interface, so that, once the user evaluation hardware board 2 is configured/bootstrapped using the mobile device 4 or computer 3, a direct connection to the rapid evaluation (cloud) service 6, 6a, 6b [i.e. external from the viewpoint] is possible).
As to claim 9, Ayanam discloses the method wherein the provisioning service at least one of:
(“binary”) modules within the secure enclave (pars. 0011 and 0215, … the configuration instruction is configured to instruct the firmware generator to at least one of: (a) create a customized firmware for a destination computer by selecting a system-on-a-chip [i.e. within the secure enclave] and one or more components from a module code library of the firmware generator … the source code of the configuration file 606 is then compiled [i.e. translate] at the firmware generator 110, and the resulting binary file [i.e. machine code] is incorporated into the BMC firmware 608, as shown in FIG. 7D. Note: the compile code consider as decrypted code).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method translates the decrypted source code modules into machine code modules within the secure enclave, as disclosed by Ayanam, for the purpose of compiling the source code of the configuration file and loads the resulting binary file into an appropriate location within the model (see paragraph 0239 of Ayanam).
As to claim 13, Rajbharti discloses a computer-readable storage medium comprising machine- readable instructions that, when executed on one or more computers, cause the computer or computers to perform a method comprising:
providing a provisioning service comprising a library of predetermined source code modules in which functionalities from a predetermined catalog are implemented (Rajbharti abstract, The firmware repository server [i.e. provisioning service by the server] is further configured to: receive a firmware request for a user evaluation hardware board from a first of the client devices, search the plurality of firmware packages for compatible firmware packages for the user evaluation hardware board, generate a catalog of the compatible [i.e. functionalities] firmware packages for the user evaluation hardware board, transmit [i.e. providing] the catalog [i.e. predetermined] to the first client device. Further, pars. 0032-0033, the catalog comprises metadata of the compatible firmware packages. … the processor of the firmware repository server is additionally configured to determine if a secondary application is required for the user selected firmware package. This may, e.g., be the case if a specific functionality … ), wherein a user of the embedded device is excluded from reading access to the source code modules (Rajbharti (par. 0087, … The user accounts and the user groups are used by the firmware repository server 5 to control access to a plurality of repositories and firmware packages. The access control may provide f,
receiving, from at least one requester, by the provisioning service, a selection of functionalities to be provided in the individual firmware from the predetermined catalog of available functionalities (Rajbharti par. 0008, The system comprises a firmware repository server, which firmware repository server … receive a firmware request for a user evaluation hardware board from a first of the client devices, search the plurality of firmware packages for compatible firmware packages for the user evaluation hardware board, generate a catalog of the compatible firmware packages for the user evaluation hardware board, transmit the catalog to the first client device, receive a request for a user selected firmware package from the catalog of compatible [i.e. predetermined catalog of available functionalities] firmware packages, and to transmit firmware of the user selected firmware package to the first client device);
translating the selection of functionalities into instructions for compiling associated source code modules into machine code (“binary”) modules by the provisioning service such that a union set of machine code (“binary”) modules provides the functionalities from the selection (Rajbharti par. 0024, … . A firmware package may comprise the at least one software application in compiled, e.g., binary [i.e. machine code module], and/or uncompiled, e.g. source code, format. In some embodiments, a firmware package is provided as ‘bundle’ of both, the compiled binary and source code versions of the respective application. Note: binary code considered associated with union set);
executing, or causing to be executed, the instructions for compilation by the provisioning service (Rajbharti par. 0067, … firmware repository server 5 initiates the downloading of a firmware binary file of the selected firmware package to temporary storage on the client device 4 in step 39. If the selected firmware package comprises only uncompiled firmware, compiling step 40 is executed by compiler 12 …);
transmitting the individual firmware from the provisioning service to the user of the embedded device, or directly to the embedded device Rajbharti par. 0028, Once the user has selected a desired firmware package from the catalog of compatible firmware packages, a request for a user selected firmware package is transmitted by the first user device [i.e. the user of the embedded device] … ).
Rajbharti does not explicitly discloses functionalities from a predetermined catalog, but
Ayanam discloses generating the individual firmware using the machine code modules created during compilation by the provisioning service (Ayanam par. 0011, … the firmware generator [i.e. provisioning server by FW generator]to at least one of: (a) create a customized [i.e. predetermined] firmware for a destination computer by selecting a system-on-a-chip and one or more components from a module code library of the firmware generator… The feature is a function provided by the selected component and described in the corresponding device description file; a module code of each feature exists in the module code library of the firmware generator. The module code library includes at least one of source code and binary code);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include providing a provisioning service comprising a library of predetermined source code modules in which functionalities as disclosed by Ayanam, for the purpose of building a firmware image by module codes of selected features from a module code library, (see paragraph 0011 of Ayanam).
Mayhead discloses wherein the embedded device has a lack of hardware resources to support full firmware functionalities (col. 1, ll. 30-43, systems suffer from a variety of deficiencies [i.e. lacking resources]. In particular, one such deficiency exists when a product (e.g., hardware resources, software resources, etc.) changes ownership or, similarly, when the responsibility for administration and operation of network assets changes. In such circumstances, conventional product registration systems are not capable of tracking and accommodating such changes in product ownership and/or network administration. More specifically, conventional product registration systems are unable to accommodate such changes in terms of the applicability and right to receive product support and services (e.g., software/firmware updates, security patches, etc.) as well as the administrative associations (e.g., permissions afforded to users of the network resources));
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include wherein the embedded device has a lack of hardware resources to support full firmware functionalities, as disclosed by Mayhead, for the purpose of notifying user associated with the product, and product updates (for example, software updates) for the product., (see col. 1, ll. 10-12 of Mayhead).
As to claim 15, (a system claim) recites substantially similar limitations to claim 13 (the method claim) and is therefore rejected using the same art and rationale set forth above.
Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Rajbharti et al and Ayanam et al. and Mayhead et al. as applied to claim 1 in the above and in view of AN et al. (IDS provided) (US 20190149430 A1).
As to claim 4, Rajbharti as modified by Ayanam and Mayhead does not explicitly disclose the following limitation but,
AN discloses the method wherein the translating includes selecting between a plurality of ways to obtain machine code (“binary”) for providing a concrete functionality or a concrete subset of the functionalities from the selection received from the at least one requester using at least one of:
an optimization target for resource requirements of the individual firmware (AN par. 0019, … since a firmware image is built by a developer freely selecting functions to be included in firmware installed on a main board of a server, firmware optimized for requirements of the developer can be generated).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include an optimization target for the resource requirements of the individual firmware, as disclosed by AN, for the purpose of building a firmware image including the functions selected by the user to improve firmware (see abstract of AN).
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Rajbharti et al and Ayanam et al. and Mayhead et al. as applied claim 1 in the above, and further in view of Wushour et al. (US 20220244892 A1).
As to claim 10, Rajbharti as modified by Ayanam and Mayhead does not explicitly discloses the following limitations but,
Wushour discloses the method wherein causing the executing of the instructions includes (par. 0084, For source code for firmware and/or software in resolution or fix as determined at 316, such firmware and/or software source code may be compiled into corresponding binary code, as previously described, by AI engine 115 of Cloud-based application 110 to generate firmware and/or software binary code respectively. … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method wherein causing the executing of the instructions includes compute instance with a compiler on a virtualized platform for compiling at least one source code module into a machine code module, as disclosed by Wushour for the purpose of evaluates operation of the virtual machine with the binary code (see abstract of Wushour).
Claim 12 is rejected under 35 U.S.C. 103 as being obvious over Rajbharti et al and Ayanam et al. and Mayhead et al. as applied to the claim 11 in the above, and further in view of Marsh et al. (US 20020073304 A1).
As to claim 12, Rajbharti as modified by Ayanam and Mayhead does not explicitly disclose the following limitation but,
Marsh discloses the method wherein in response to the firmware not functioning properly on the embedded device (Fig. 6, par. 0047, … the method for performing firmware upgrades 700 may continue by performing a verification of the firmware version presently operative on the respective computer system 100, as indicated in the query of step 720. If the determination in step 720 is negative [i.e. not functioning properly], the method for performing firmware upgrades 700 may be configured to notify an operator that the presently installed firmware is incompatible with the intended firmware upgrade as shown in step 725), an alternative firmware is requested from the provisioning service and loaded onto the embedded device (par. 0048, … With the computer system appropriately configured to allow the microprocessor 112 (FIG. 1) to install the firmware upgrade [i.e. alternative] into the non-volatile memory device 330 without compromising the operating system, the method may now use the firmware update logic 570 and the non-volatile memory interface 580 from the flash application 556 (FIG. 4) to load the new firmware as shown in step 745. As illustrated in step 750, the method for performing firmware upgrades may use the flash application 556 (FIG. 4) to select the operating system 434 (FIG. 2) upon the next boot of the computer system 100 (FIG. 1).).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Rajbharti to include the method wherein in response to the firmware not functioning properly on the embedded device, an alternative firmware is requested from the provisioning service and loaded onto the embedded device, as disclosed by Marsh, for the purpose of performing firmware upgrades to clean up the file system by removing the flash application and the firmware revision from the on the fixed storage data device (see paragraph 49 and Abstract of Marsh).
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD H KABIR whose telephone number is (571)270-1341. The examiner can normally be reached M-F, 8:00 am - 5:00 pm.
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, Sam Sough can be reached at 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 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.
/Mohammad Kabir/
Examiner, Art Unit 2192
/S. Sough/SPE, Art Unit 2192