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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/09/2026 has been entered.
Status of Claim
2. Applicant's amendment dated 09/09/2026 responding to the Office Action 06/09/2026 provided in the rejection of claims 1-16.
3. Claims 1 and 5 have been amended.
4. Claims 1-16 are pending in the application, of which claims 1 and 5 in independent form and which have been fully considered by the examiner.
Response to Amendments
5. (A). Regarding claim interpretation: Claim interpretation raised in previous office action has been maintained in view of Applicant’s amendment.
(D) Regarding art rejection: Applicants' amendment necessitated new grounds of rejections presented in the following art rejection. Please see Zeng et al. (CN 114584467 A).
Examiner Notes
6. Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
7. The claims 5-11 and 13-15 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) (communication means configured to receive; comparing means configured to compare; processing means configured to update) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
8. Claim(s) 1-2 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ivan De Oliveira Nunes (CASU: Compromise Avoidance via Secure Update for Low-end Embedded Systems, 2022 – art of record -- herein after Nunes) in view of Zeng et al. (CN 114584467 A – Date Published – 06/03/2022 – herein after Zeng).
Regarding claim 1.
Nunes discloses
A method for updating a software stored in a first memory of a sensor (remote software updates and memory erasure. RA aims to detect compromise by authenticated measurement of the device’s current software state – See page 1, right column), the method comprising:
receiving, by the sensor (embedded devices (sensors) – See page 1, left column), a first data frame requesting an update of a current version of the software stored in the first memory (a scheme to enable secure software updates – See page 2, left column and the software stored in ROM – See page 2, right column), the first data frame (update requests containing new software to be installed (Snew) and an authorization token (ATok) that must be issued – See page 4, left column) comprising a header and data for updating the current version of the software (the Snew header consisting of its size, version number, and a random nonce, respectively – See page 5, right column), the header comprising [[a first identifier and]] a second identifier, [[the first identifier comprising a hardware version]] (software version number – See page 5, right column), and the second identifier comprising a software version (the Snew header consisting of its size, version number – See page 5, right column);
comparing, by the sensor, the first identifier with a predetermined sensor identifier stored in a second memory of the sensor (comparison with related architecture – See page 8, right column. Verified hybrid (hardware/software) RA design comprising verified hardware and software sub-modules. The software sub-module, which is immutable (stored in ROM), implements the authenticated integrity function computed over some “Attested Region” (AR) of Prv memory (usually in PMEM) – See page 2, right column. This paper focuses on CPS/IoT sensors and actuators (or hybrids thereof) with low computing power. These are some of the smallest and weakest devices based on ultra-low-power single-core MCUs with only a few KBytes of memory. Two prominent examples are Atmel AVR ATmega and TI MSP430, MSP430, stored in data memory (DMEM or RAM) – See page 2, left column and Fig. 1); and
updating, by the sensor, the current version of the software from the data of the first data frame with the software version identified by the second identifier (verify the update request before it installs the new software on the device – See page 2, right column and Fig. 3 and Fig. 4) when the first identifier includes the predetermined sensor identifier (casu_install runtime is constant because it updates fixed-size memory ranges (including EP, IV TR, and SF) and computes HMAC on a fixed size input. Whereas, casu_authenticate scales linearly with S-new size, over which HMAC is computed – see page 8, right column).
Nunes does not disclose
the header comprising a first identifier and the first identifier comprising a hardware version.
Zeng discloses
the header (head is data head – See page 5) comprising a first identifier (Unique ID number of the DTU/sensor – See page 3) and a second identifier (Md5 firmware – See page 3), the first identifier comprising a hardware version (version of DTU/sensor – See page 3), the second identifier (Md5 is firmware – See page 5) comprising a software version (size of the DTU/sensor firmware – See page 5. Intelligent device (gentdevice) refers to any one device with calculating processing ability, instrumentor machine function the complete intelligent device must have sensitive and accurate sensing function. The correct thinking and function and the effective execution function the intelligent, intelligent device is a traditional electric device and computer technology, data processing technology, control theory, sensor technology – See page 1. Examiner respectfully notes that the Intelligent device has sensitive, instrumentation machine function and accurate sensing function, this device (DUT) could be a sensor device).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Zeng’s teaching into Nunes’ invention because incorporating Zeng’s teaching would enhance Nunes to enable to receive the data returned by the server, comparing the version of the DTU/sensor itself and the new version as suggested by Zeng (See page 2).
Regarding claim 2, the method according to claim 1,
Nunes discloses
wherein updating the current version of the software (The timestamp in the naming scheme updates for new firmware versions to reflect the upload time – See page 4, left column) comprises:
replacing the current version of the software by the data in the first memory (replaces S-old with S-new– See page 3, right column);
resetting the sensor when the current version of the software is replaced by the data in the first memory (After each boot or reset, it executes authorized software that was previously installed. When an update request is received, CASU-SW must be invoked to securely apply the update and re-configure CASU-HW to protect the memory region where S-new is installed– See Fig. 4, left column); and
transmitting a second data frame comprising the second identifier when the sensor is reset (DM A-addr Memory address being accessed by DMA, when active reset Signal that reboots the MCU when set to logic ‘1’ TCR Trusted Code Region, a fixed ROM region storing CASUSW – See page 4, right column).
Regarding claim 5.
Nunes discloses
A sensor (embedded device (sensors) – See Instruction, page 1, left column) comprising:
a first memory storing a software (memory region where authorized software is stored – See Table 1, page 4);
communication means configure to receive a first data frame requesting an update of the current version of the software stored in the first memory (when an update request is received, CASU-SW must be invoked to securely apply the update and re-configure CASU-HW to protect the memory region where Snew is installed – See page 4, left column), the first data frame comprising a header and data for updating the current version of the software (the Snew header consisting of its size, version number, and a random nonce, respectively – See page 5, right column), the header comprising [[a first identifier and]] a second identifier, [[the first identifier comprising a hardware version]] (software version number – See page 5, right column), the second identifier comprising a software version (the Snew header consisting of its size, version number – See page 5, right column);
a second memory storing a predetermined sensor identifier (Our initial implementation of CASU uses MSP430 MCU, a common platform for low-end embedded devices. Atmel AVR ATmega and TI MSP430, with 8- and 16-bit CPUs respectively, typically running at 1-16MHz clock frequencies, with = 64 Kbytes of addressable memory – See page 2, left column. This paper focuses on CPS/IoT sensors and actuators (or hybrids thereof) with low computing power. These are some of the smallest and weakest devices based on ultra-low-power single-core MCUs with only a few KBytes of memory. Two prominent examples are Atmel AVR ATmega and TI MSP430, MSP430, stored in data memory (DMEM or RAM) – See page 2, left column and Fig. 1), [[the predetermined sensor identifier representing a hardware version of the sensor]];
comparing means configured to compare the first identifier with the predetermined sensor identifier (comparison with related architecture – See page 8, right column. Verified hybrid (hardware/software) RA design comprising verified hardware and software sub-modules. The software sub-module, which is immutable (stored in ROM), implements the authenticated integrity function computed over some “Attested Region” (AR) of Prv memory (usually in PMEM) – See page 2, right column. This paper focuses on CPS/IoT sensors and actuators (or hybrids thereof) with low computing power. These are some of the smallest and weakest devices based on ultra-low-power single-core MCUs with only a few KBytes of memory. Two prominent examples are Atmel AVR ATmega and TI MSP430, MSP430, stored in data memory (DMEM or RAM) – See page 2, left column and Fig. 1); and
processing means configured to update the current version of the software from the data of the first data frame with the software version identified by the second identifier (verify the update request before it installs the new software on the device – See page 2, right column and Fig. 3 and Fig. 4) when the first identifier includes the predetermined sensor identifier (casu_install runtime is constant because it updates fixed-size memory ranges (including EP, IV TR, and SF) and computes HMAC on a fixed size input. Whereas, casu_authenticate scales linearly with S-new size, over which HMAC is computed – see page 8, right column).
Nunes does not disclose
the header comprising a first identifier, the first identifier comprising a hardware version;
the predetermined sensor identifier representing a hardware version of the sensor.
Zeng discloses
the header (head is data head – See page 5) comprising a first identifier (unique ID number of the DTU/sensor) and a second identifier (Md5 firmware – See page 3), the first identifier comprising a hardware version ( version of DTU/sensor – See page 3), the second identifier (Md5 is firmware – See page 5) comprising a software version (size of the DTU/sensor firmware – See page 5. Intelligent device (gentdevice) refers to any one device with calculating processing ability, instrumentor machine function the complete intelligent device must have sensitive and accurate sensing function. The correct thinking and function and the effective execution function the intelligent, intelligent device is a traditional electric device and computer technology, data processing technology, control theory, sensor technology – See page 1. Examiner respectfully notes that the Intelligent device has sensitive, instrumentation machine function and accurate sensing function, this device (DUT) could be a sensor device).
the predetermined sensor identifier representing a hardware version of the sensor (the onlyID dtu is the unique ID number of the DTU/sensor, the version-dtu-new is the latest version number of the DTU/sensor – See page 5),
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Zeng’s teaching into Nunes’ invention because incorporating Zeng’s teaching would enhance Nunes to enable to discover a new version to the name that identifies the latest firmware version as suggested by Gundogan (See page 5, left column).
Regarding claim 6, recites the same limitations as rejected claim 2 above.
9. Claim(s) 3-4, 7-8 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nunes and Zeng as applied to claims 1 and 5 respectively above, and further in view of JP (JP 2023017782 A – art of record -- herein after JP).
Regarding claim 3, the method according to claim 1,
JP discloses
wherein when the first identifier does not include the predetermined sensor identifier, the method comprises transmitting a third data frame representative of the non-update of the software (view handle field 1338 contains a value that matches the respective view handle field from view request message 1290 to which view response message 1334 is responding View Cancel Request When a viewing node 1286 wishes to cancel an in-progress view (e.g., a periodic update or a monitor view), the viewing node 1286 sends a view request message 1290 to a view cancel request as shown in FIG. It may be transmitted in the form of frame 1332. View Cancel Request When a viewing node 1286 wishes to cancel an in-progress view (e.g., a periodic update or a monitor view), the viewing node 1286 sends a view request message 1290 to a view cancel request as shown in FIG. It may be transmitted in the form of frame 1332 . A view cancel request frame 1332 is essentially a previous request that the viewed node 1288 can recognize as a previous request to cancel the current periodic update or monitor view using the view handle value in the refresh request frame 1330 . Retransmit the view handle field from the previous periodic update from the request or monitor view (e.g., view handle fields 1310 or 1322) – See pages 31-32).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use JP’s teaching into Nunes’ and Zeng’s inventions because incorporating JP’s teaching would enhance Nunes and Zeng to enable to cancel periodic update as suggested by JP (page 31).
Regarding claim 4, the method according to claim 2,
JP discloses
wherein when the first identifier does not include the predetermined sensor identifier, the method comprises transmitting a third data frame representative of the non-update of the software (view handle field 1338 contains a value that matches the respective view handle field from view request message 1290 to which view response message 1334 is responding View Cancel Request When a viewing node 1286 wishes to cancel an in-progress view (e.g., a periodic update or a monitor view), the viewing node 1286 sends a view request message 1290 to a view cancel request as shown in FIG. It may be transmitted in the form of frame 1332 . A view cancel request frame 1332 is essentially a previous request that the viewed node 1288 can recognize as a previous request to cancel the current periodic update or monitor view using the view handle value in the refresh request frame 1330 . Retransmit the view handle field from the previous periodic update from the request or monitor view (e.g., view handle fields 1310 or 1322) – See pages 31 -32).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use JP’s teaching into Nunes’ and Zeng’s inventions because incorporating JP’s teaching would enhance Nunes and Zeng to enable to cancel periodic update as suggested by JP (page 31).
Regarding claim 7, recites the same limitations as rejected claim 3 above.
Regarding claim 8, recites the same limitations as rejected claim 4 above.
Regarding claim 13.
JP also discloses
A network (network - See Abstract) comprising:
a gateway (central router - See page 11);
at least one sensor according to claim 8, the communication means being configured to communicate wirelessly with the gateway, the gateway being configured to send the first data frame (send updates when changes are made to the data of interest at the viewed node 1288 so that the viewing node1286 maintains a synchronized list of that data - See page 31).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use JP’s teaching into Nunes’ and Zeng’s inventions because incorporating JP’s teaching would enhance Nunes and Zeng to enable to provide wireless router that communicates with device via a wireless mesh network as suggested by JP (page 11).
Regarding claim 14, the network according to claim 13,
JP discloses
wherein the gateway is further configured to receive at least the second data frame transmitted by the processing means of the sensor (the software update profile frame may include a message type field 1172 indicating additional information, which may be selected according to Table 9 below and the type of message being sent - See page 26).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use JP’s teaching into Nunes’ and Zeng’s inventions because incorporating JP’s teaching would enhance Nunes and Zeng to enable to transmit packets within one or more connected service as suggested by JP (page 36).
Regarding claim 15, the network according to claim 13,
Nunes discloses
further comprising a network supervisor configured to monitor the update of the software from data frame transmitted by the processing means of the sensor (hardware security monitor – See page 4, right column).
Regarding claim 16, the network according to claim 15,
JP discloses
wherein the network is a mesh network (FIG. 3 illustrates an exemplary wireless mesh network associated with the devices – See page 46).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use JP’s teaching into Nunes’ and Zeng’s inventions because incorporating JP’s teaching would enhance Nunes and Zeng to enable to establish a communication network in which multiple devices that can communicate with each other via the wireless mesh network as suggested by JP (page 6).
10. Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nunes and Zeng as applied to claims 5 and 6 respectively above, and further in view of Cenk Gundogan (Reliable Firmware Updates for the Information-Centric Internet of Things, 2021 – art of record -- herein after Gundogan).
Regarding claim 9.
Gundogan discloses
A network (Fig. 1, heterogeneous networks – See page 1, right column) comprising:
a gateway (Our design enables a cascading firmware roll-out from a gateway towards leaf nodes in a low-power multi-hop network – See Abstract, left column);
at least one sensor (wireless sensor – see page 2, right column) according to claim 5, the communication means being configured to communicate wirelessly with the gateway (The deployment of Information-Centric Networking (ICN) on embedded wireless devices – See Introduction, page 1, left column);
the gateway being configured to send the first data frame (Our approach primarily relies on a pull-driven version discovery, where the embedded devices periodically request the latest manifest file for a dedicated time frame– See page 5, left column).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Gundogan’s teaching into Nunes’ and Zeng’s inventions because incorporating Gundogan’s teaching would enhance Nunes and Zeng to provide the deployment of Information Networking on embedded wireless devices as suggested by Gundogan (See Introduction, page 1).
Regarding claim 10.
Gundogan discloses
A network (Fig. 1, heterogeneous networks – See page 1, right column) comprising:
a gateway (Our design enables a cascading firmware roll-out from a gateway towards leaf nodes in a low-power multi-hop network – See Abstract, left column);
at least one sensor (wireless sensor – see page 2, right column) according to claim 6, the communication means being configured to communicate wirelessly with the gateway (The deployment of Information-Centric Networking (ICN) on embedded wireless devices – See Introduction, page 1, left column);
the gateway being configured to send the first data frame (Our approach primarily relies on a pull-driven version discovery, where the embedded devices periodically request the latest manifest file for a dedicated time frame– See page 5, left column);
wherein the gateway is further configured to receive at least the second data frame transmitted by the processing means of the sensor (The lifetimes of cacheable NACKs need to be aligned with the firmware release cycles to prevent them from wrongly satisfying requests for eventually released versions. To reduce the attack surface, NACKs require similar security considerations as manifest packets – See page 5, right column).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Gundogan’s teaching into Nunes’ and Zeng’s inventions because incorporating Gundogan’s teaching would enhance Nunes and Zeng to provide the deployment of Information Networking on embedded wireless devices as suggested by Gundogan (See Introduction, page 1).
Regarding claim 11, the network according to claim 9,
Nunes discloses
further comprising a network supervisor configured to monitor the update of the software from data frame transmitted by the processing means of the sensor (hardware security monitor – See page 4, right column).
Regarding claim 12, the network according to claim 9,
Gundogan disclosures
wherein the network is a mesh network (distributed network – See Fig. 1).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Gundogan’s teaching into Nunes’ invention because incorporating Gundogan’s teaching would enhance Nunes to enable to provide distribution across updating network nodes as suggested by Gundogan (See Introduction, page 1).
It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to use Gundogan’s teaching into Nunes’ and Zeng’s inventions because incorporating Gundogan’s teaching would enhance Nunes and Zeng to provide the deployment of Information Networking on embedded wireless devices as suggested by Gundogan (See Introduction, page 1).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gupta et al. (US Pub. No. 2020/0097277 A1) discloses receiving, at the control plane network node and via NIDD or NAS messaging, status information regarding delivery of the software update to the MTC device or installation of the software update by the MTC device – See Abstract and specification for more details.
Gu et al. (KR 101525811 B1) discloses for periodically providing a firmware to an external device connected through a network and managing the firmware; gateway for receiving a firmware from the control server, upgrading, if the received firmware is determined to be a new firmware, its own firmware, and transmitting the firmware to the external device connected through the network by broadcasting; and a sensor node for receiving a firmware from the gateway and upgrading its own firmware – See page 1.
Hung-Chin Jang (Innovative FOTA-based Software Update for IoT MESH Network, 2021). Jang discloses new FOTA update mechanism based on the RPL (Routing Protocol for LLNs) network discovery and establishment, providing fast firmware updates under the low-power mesh protocol. Experimental results show that the proposed FOTA firmware update mechanism has the advantages of fast update and easy transplantation under the MESH network – See page 1.
Ben-Avi (US Pub. No. 2022/0100492 A1) discloses updating a trusted software and another software, which may include receiving a software update package that comprises a trusted updated software component, a trusted updated software booting metadata, another updated software component, and another updated software booting metadata – See Abstract and specification for more details.
Nekoomaram et al. (US Pub. No. 2023/0092591 A1) discloses establishing a connection between a medical device and a remote computing device, receiving an upgrade command at the medical device, storing a current version of persistent data and a current version of executable code in a first storage area of the medical device – See Abstract and specification for more details.
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/MONGBAO NGUYEN/ Examiner, Art Unit 2192
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