DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s amendment filed on 02/17/2026.
Claims 1-2, 4-12 are pending and examined.
Claim 3 has been cancelled.
Claims 10-12 are newly added.
Response to Arguments
Per 103 rejection, applicant’s arguments filed on 02/17/2026 have been fully considered. However, the claims are rejected under new grounds of rejection with new references (Nolan and Ko) applied.
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.
Claims 1-2, 4-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Scagnol et al. (US PGPUB 2015/0245182) hereinafter Scagnol, in view of Joshi et al. (US PGPUB 2017/0031671) hereinafter Joshi, in view of Nolan et al. (US PGPUB 2019/0042228) hereinafter Nolan.
Per claim 1, Scagnol discloses an image processing device comprising: a memory storing instructions; and a processor executing the instructions causing the image processing device to: (Fig. 1; paragraphs [0028][0029]; updating a node in a network, the node can be computer or a smartphone (image processing device)); acquire a code for restoring functionality of the image processing device from the device management system when information of the image processing device has already been registered in the device management system so as to be provided with a service; manage the code; and restore functionality of the image processing device when updating of software of the image processing device, which is required to restore functionality of the image processing device, has occurred (paragraphs [0033][0034][0039][0061]; the node communicates with an update server to receive a firmware update, the node is registered on a device registry; the update server can send an update package to the node, the update package can include a software application update, and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); the update server provides an update service to the node; after the node receives the old version of the firmware, it performs verification of the code (manage the code); then the old version firmware is applied to the node (i.e. updating a software application and the old version restores the functionality of the node)).
While Scagnol discloses a node acquiring a code (an old version of firmware) for restoring functionality of the node (for rolling back purpose), Scagnol does not explicitly teach the code (the old version of firmware) can restore a connection relationship with a device management system for providing a service from the device management system. However, Joshi suggests the above (claims 1, 4; paragraph [0073]; a storage system comprising a storage server managing (providing a service) a plurality of storage nodes, a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (i.e. applying an old version of the firmware to restore a network/connection relationship with a device management system, as the old version of the firmware can provide better network connection for the node)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Scagnol and Joshi that if the new firmware causes network connection degradation, a rollback is initiated so the old firmware can restore the network connection relationship of the node to a management server, this would ensure the network performance of the node is always above a certain quality standard.
While Scagnol discloses updating the firmware includes rolling back firmware version to a previous version to restore the functionality of the device, Scagnol does not explicitly teach wherein the updating of the software is version-down of a firmware of a firmware version of the image processing device before the updating of the software. However, Nolan suggests the above (paragraph [0027]; updating the firmware of a device including downgrading the firmware to an older version before the update, response to an unintended behavior of the device following a previous firmware update). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Scagnol, Joshi and Nolan that updating the firmware of a device including downgrading the firmware to an older version before the update, in order to make the device function properly.
Per claim 2, Scagnol in view of Joshi further suggests wherein the processor restores the connection relationship with the device management system using an extended application executed by the updated image processing device, and the code (Scagnol, paragraphs [0033][0034][0039][0061]; the update server can send an update package to the node, the update package can include software application update (extended application), and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); Joshi, claims 1, 4; paragraph [0073]; a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (applying an old version of the firmware to restore a network/connection relationship with a device management system)).
Per claim 4, Nolan further suggests wherein the process further executes an instruction causing the image processing device to clear system data of the image processing device after updating of the software that is version-down of the predetermined firmware, and wherein the processor does not clear the code (paragraph [0027]; claims 1-2; updating the firmware includes initializing the target device with configuration settings, i.e. older configuration settings are cleared).
Per claim 5, Scagnol discloses a system including a device management system providing a service to an image processing device, and an image processing device, wherein the device management system comprises: a memory storing instructions; and a processor executing the instructions causing the device management system to: (Fig. 1; paragraphs [0028][0029]; updating a node in a network by an update server (device management system), the node can be computer or a smartphone (image processing device)); generate a code for restoring functionality of the image processing device when information of the image processing device has already been registered in the device management system; manage the code; transmit the code to the image processing device; and restore functionality of the image processing device when the code received from the image processing device has already been registered in the device management system (paragraphs [0033][0034][0039][0048][0061]; the update server stores firmware updates and application updates, the node is registered on a device registry; the update server can send an update package to the node, the update package can include a software application update, and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); the update server can encrypt the update package (manage code) and provides an update service to the node; after the node receives the old version of the firmware, the old version firmware is applied to the node (i.e. updating a software application and the old version restores the functionality of the node));
wherein the image processing device comprises: a memory storing instructions; and
a processor executing the instructions causing the image processing device to: (Fig. 1; paragraphs [0028][0029]; updating a node in a network, the node can be computer or a smartphone (image processing device)); acquire the code from the device management system; manage the code; and
restore functionality of the image processing device by transmitting the code to the device management system when updating of software of the image processing device, which is required to restore functionality of the image processing device, has occurred (paragraphs [0033][0034][0039][0045][0061]; the node communicates with an update server to receive a firmware update, the node is registered on a device registry; the update server can send an update package to the node, the update package can include software application update, and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); the update server provides an update service to the node; after the node receives the old version of the firmware, it performs verification of the code (manage the code); then the old version firmware is applied to the node (i.e. updating a software application and the old version restores the functionality of the node); the node also broadcasts its identifier and the current versions of its software (the code), so the server can receive the identifiers and identify an appropriate update package for the node).
While Scagnol discloses a node acquiring a code (an old version of firmware) for restoring functionality of the node (for rolling back purpose), Scagnol does not explicitly teach the code (the old version of firmware) can restore a connection relationship with a device management system for providing a service from the device management system. However, Joshi suggests the above (claims 1, 4; paragraph [0073]; a storage system comprising a storage server managing (providing a service) a plurality of storage nodes, a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (applying an old version of the firmware to restore a network/connection relationship with a device management system, as the old version of the firmware can provide better network connection for the node)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Scagnol and Joshi that if the new firmware causes network connection degradation, a rollback is initiated so the old firmware can restore the network connection relationship of the node to a management server, this would ensure the network performance of the node is always above a certain quality standard.
While Scagnol discloses updating the firmware includes rolling back firmware version to a previous version to restore the functionality of the device, Scagnol does not explicitly teach wherein the updating of the software is version-down of a firmware of a firmware version of the image processing device before the updating of the software. However, Nolan suggests the above (paragraph [0027]; updating the firmware of a device including downgrading the firmware to an older version before the update, response to an unintended behavior of the device following a previous firmware update). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Scagnol, Joshi and Nolan that updating the firmware of a device including downgrading the firmware to an older version before the update, in order to make the device function properly.
Per claim 6, Scagnol in view of Joshi further suggests wherein the device management system generates the code and transmits the code to the image processing device when updating of software of the image processing device, which is required to restore the connection relationship for providing a service with the device management system, is instructed (Scagnol, paragraphs [0033][0034][0039][0061]; the update server stores an update package, and can send the update package to the node, the update package can include software application update, and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); Joshi, claims 1, 4; paragraph [0073]; a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (applying an old version of the firmware to restore a network/connection relationship with a device management system)).
Per claim 7, Scagnol in view of Joshi further suggests wherein the device management system transmits an extended application, which is capable of being installed in software applied to the image processing device to the image processing device together with the code when an extended application for performing connection to the device management system is not included in software applied to the image processing device due to updating of the software (Scagnol, paragraphs [0033][0034][0039][0061]; the update server stores an update package, and can send the update package to the node, the update package can include software application update (extended application), and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); both the extended application and the old version of the firmware are installed on the node to restore functionality of the node; Joshi, claims 1, 4; paragraph [0073]; a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (applying an old version of the firmware to restore a network/connection relationship with a device management system)).
Per claim 8, Scagnol in view of Joshi further suggests wherein the device management system generates the code and transmits the code to the image processing device when information of the image processing device is registered in the device management system and the connection relationship with the image processing device for providing a service becomes valid (Scagnol, paragraphs [0033][0034][0039][0061]; the update server stores the update package, and can send the update package to the node, the update package can include software application update, and an old version of the firmware (for handling radio communications) to the node (for rolling back purpose, which restores the node’s functionality to the previous version of the firmware); Joshi, claims 1, 4; paragraph [0073]; a new firmware is applied to a node, checking the network performance (throughput, latency) of the node with the new firmware, if the network performance degradation is above a threshold, initiate a firmware rollback (applying an old version of the firmware to restore a valid network/connection relationship with a device management system)).
Claim 9 recites similar limitations as claim 1. Therefore, claim 9 is rejected under similar rationales as claim 1.
Per claim 11, Nolan further suggests wherein the updating of the software does not include a version-up of the firmware (paragraph [0027]; updating the firmware of a device including downgrading the firmware to an older version before the update, response to an unintended behavior of the device following a previous firmware update, i.e. upgrading would not solve the problem).
Per claim 12, Nolan further suggests wherein during the updating of the software accompanying the version-down of the firmware, various kinds of settings of the image processing device are initialized and the connection relationship with the device management system is cancelled (paragraph [0027]; claims 1-2; updating the firmware includes downgrading the firmware to an older version, and initializing the target device with configuration settings, i.e. older connection configuration settings would be cleared).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Scagnol, in view of Joshi, in view of Nolan, and in view of Ko (US PGPUB 2014/0173588).
Per claim 10, Scagnol discloses generating an update package (code), but does not explicitly teach wherein the code is a code generated under the firmware of the firmware version of the image processing device before the updating of the software. However, Ko suggests the above (paragraph [0036]; a delta generator generates a delta update package (code) using the current firmware version (before the updating) on the target device, to downgrade the current firmware to an older firmware version). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Scagnol, Joshi, Nolan and Ko to generate a delta update package using the current firmware version on the device, as the delta update package is smaller in size and can save the network bandwidth when downloading.
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.
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/HANG PAN/Primary Examiner, Art Unit 2193