DETAILED ACTION
This action is responsive to the Application filed 3/08/24.
Accordingly, claims 1-11 are submitted for prosecution on merits.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 5541666, (translation) 7-09-2014, 10 pgs (herein ‘666).
As per claim 1, ‘666 discloses an image forming apparatus (image forming apparatus – pg. 1) comprising:
a communication device (communicating with an information processing apparatus … host computer and an update server – pg. 2; network controller 42 … manages communication with the … host computer and an update server – pg. 3) which receives a remotely-given update instruction to update firmware (receives a firmware update notification from the update server – pg. 4; package is read out and downloaded from the update server – pg. 5; firmware of the image forming apparatus 101 includes package groups – pg. 4);
a display device which displays an operation screen (updating screen 1000 indicating that the updating process is being performed – pg. 7; current update/reboot process status can be displayed – pg. 7); and
a processor which controls processing (unit 108 includes main controller 32 – pg. 2) related to an update of the firmware (firmware of the image forming apparatus 101 – pg. 4; firmware update process of the image forming apparatus 101 – bottom pg. 4),
wherein the processor controls, based on the update instruction (CPU 304 acquires package information described in the … information file included in the downloaded package – pg. 5) that has been received,
display contents (current update/reboot process status can be displayed – pg. 7; update status 1003 can be displayed on … screen 1000 – pg. 7; update process time, number of reboots, reboot occurrence timing, update target are displayed … to notify the user – pg. 7) of the operation screen displayed by the display device or
an update start timing of the firmware (with the display … user can determine the update timing – top pg.7; CPU 305 starts reboot and starts transition … to the maintenance mode … update processing time 1002 displayed before the start of update is also displayed – pg. 7; update processing time … is displayed … an image forming apparatus control method, wherein an instruction to start an update process …to cancel … to perform the update process can be received – pg. 9; notification unit displays … processing time … number of reboots … an image forming apparatus capable of receiving an instruction to start processing … to cancel the update process … to perform the update process later – top pg. 9; in the update start screen, an estimated update time 701, an “install” button, a “done later” button, a “cancel” button are displayed… (step 509): when an instruction “do later’ is received … the CPU waits for a predetermined time and displays the update start screen again … update processing time (1) fixed processing time (2) time depending on the file size (3) reboot time x number of reboots – pg. 5), according to an apparatus status (e.g. device configuration information … indicating configuration such as whether or not an optional device is connected, the predicted processing time required for the update, S505, S506 – pg. 5) at a time of the update.
As per claim 2, ‘666 discloses image forming apparatus according to claim 1, wherein the processor controls, based on the update instruction to update firmware that has been set in advance (notification from the server, user activates the updater tool, presses the “download” button … CPU acquired package information … in the information file – pg. 5), the display contents (update process time, number of reboots, reboot occurrence timing, update target are displayed … to notify the user – pg. 7; breakdown of update processing time … (1) fixed processing time (2) time depending on the file size (3) reboot time x number of reboots – pg. 5) of the operation screen displayed by the display device or
the update start timing (refer to claim 1) of the firmware, according to the apparatus status at the time of the update.
As per claim 10, ‘666 discloses a firmware update method comprising:
receiving a remotely-given update instruction ( update notification from the update server – pg. 4; package is read out and downloaded from the update server – pg. 5) to update firmware (refer to claim 1); and
controlling, based on the update instruction that has been received, display contents (refer to claim 1) of an operation screen (refer to claim 1) displayed by a display device or an update start timing (refer to claim 1) of the firmware, according to an apparatus status (refer to claim 1) at a time of the update.
As per claim 11, ‘666 discloses a system comprising a processor and a memory in which commands are stored, the commands causing, when the commands are executed by the processor, the processor to perform:
outputting an update instruction (update start screen, instruction received from the user – pg. 5) to update firmware;
receiving the update instruction (update notification from the update server – pg. 4) to update the firmware;
controlling, based on the update instruction that has been received, display contents (refer to claim 1) of an operation screen (refer to claim 1) to be displayed or an update timing (refer to claim 1) of the firmware, according to an apparatus status at a time of an update; and
outputting the firmware (Firmware update mechanism, pg. 4-5; the main flash memory 307 is activated and flash memory 308 is updated – pg. 6; installation occurs in the main flash memory – pg. 7) when an update execution instruction (instruction received from the user – pg. 5) for the firmware is received.
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 3-4 is/are rejected under § 35 U.S.C. 103 as being unpatentable over JP 5541666, (translation) 7-09-2014, 10 pgs (herein ‘666) in view of Fallon et al, USPubN: 2012/0124568 (herein Fallon) and Ebi Yukari et al, JP 2017105215, (translation) 06-15-2017, 30 pgs (herein Yukari)
As per claims 3-4, ‘666 does not explicitly disclose image forming apparatus according to claim 1, wherein
(i) when the update instruction includes date and time specification which specifies an update date and time of the firmware, the processor displays, on the operation screen, a message which urges that the image forming apparatus should not be powered off on the update date and time.
(ii) wherein the processor restricts a user's operation on the image forming apparatus at a time which is predetermined time before the update date and time.
As for (i),
Fallon discloses a interrupted power supply (UPS) environment to support firmware update and sensitive systems whose operation depends on receiving firmware update (para 0002, 0005) including explicit guidance to the user in regard to properly conducting the firmware update in UPS settings (para 0033), including screen warning that would advise the user when it appears that the user action is potentially harming the UPS or interrupt a firmware update that follows the UPS approach (para 0091), the screen warning further to deter the user(s) from diverting power off the amount of power currently used by the firmware update under the UPS and to urge the user to turn off this diverted-line feed (to other devices) so to not compromise the UPS operation (para 0092); hence message screen to the effect of urge/warning the host apparatus not to disrupt the uninterrupted “powered up” mode during a firmware update per Fallon entails minimization of user activities conducive to power diversion/strain at a predetermined time prior to when the firmware update attempts to complete a time-specific software update.
As for (i) and (ii)
Use of structure to record date and time of scheduled operations associated with a image formation apparatus is shown in Yukari to set a energy-saving auto pattern update unit (pg. 18-19), where a registration screen is provided to the user for selection of date by which to implement a energy saving operation mode (pg. 22-23), where the specific day pattern registration can also be implemented for processing a normal maintenance (pg. 16); hence maintenance carried out with schedule that use registration affording date and time to be recorded to a given maintenance action for a image forming apparatus is recognized
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement power requirement and settings during firmware update process so that
1) a processor display, on the operation screen, includes a message which urges that the image forming apparatus should not be powered off on the update date and time – as per Fallon;
2) including warning to the effect to restrict user's operation – as per Fallon - on the image forming apparatus at a predetermined time prior to when the firmware update is trying to complete as part of a specific time maintenance;
3) where the maintenance includes update operation having date and time specification – as per Yukari’s registration of master maintenance - indicating an update date and time of the firmware for the image forming apparatus; because
software update most often involves deep OS routines, low level I/O and boot memory sectors associated with proprietary OS routines which rely on sufficient power, component integrity test required at the kernel level according to which fast memory sections of the host system are to be securely flashed with downloaded code stored in erasable memories, and any advent indicative of power deficiency or cutoff can render unstable (or negatively degrade) the kernel I/O or boot code activation associated with a stable memory read, erase or write operations as part of the firmware update as set forth in ‘666 image forming apparatus, and by using message warning or urging as set forth above by a image forming apparatus (IFA) controller to deter or restrict user’s IFA operations - that may divert a core amount of power - prior to a timeframe in which memory update for the IFA is to take place would further ensure that the power amount required for the update operation would be sufficient to stabilize the deep layer of I/O thereby, ensure integrity check in order to achieve the granular, complex low memory sectors flashing; whereas allowing a firmware update to be pre-arranged with specific date/time registering – scheduled maintenance as in Yukari - would provide a window by which normal operations of the IFA can be intentionally pushed up toward completion while preparing a timeframe in which a large amount of power for normal image forming jobs should be otherwise preserved whole for the particular purpose of FW maintenance as registered, lest the firmware flashing operation would incur runtime setbacks due to insufficiency in the power provisioning by a host control layer.
Claims 5-6 is/are rejected under § 35 U.S.C. 103 as being unpatentable over JP 5541666, (translation) 7-09-2014, 10 pgs (herein ‘666) in view of Fallon et al, USPubN: 2012/0124568 (herein Fallon) and Ebi Yukari et al, JP 2017105215, (translation) 06-15-2017, 30 pgs (herein Yukari), further in view of JP 7059544 (translation) 04-26-2022, 15 pgs (herein ‘544) and JP 6606852, (translation) 11-20-2019, 16 pgs (‘852)
As per claims 5-6, ‘666 does not explicitly disclose image forming apparatus according to claim 3, wherein
(i) when a job related to image formation is being executed at a time which is predetermined time before the update date and time, the processor waits for the job to be finished and then updates the firmware;
(ii) when a forced update setting to forcibly update the firmware is made, the processor suspends the job and updates the firmware.
‘852 discloses firmware update with optional arrangement for a image forming apparatus operation to carry out normal image forming jobs, where during a power state intended for normal image forming jobs (IFJ), if a firmware update is received, determination is made as to whether a IFJ completion is necessarily dependent upon the state of firmware. In case the IFJ depends on success of the update (S15, S16 pg. 6), put the IFS on standby and prioritize the firmware update (S17, pg. 6) to complete first before allowing the IFJ to execute; and if the IFJ completion does not depend on the firmware, allowing the IFJ to carry out to completion (S18, pg. 7) pushing a non-critical update operation for a later time. Hence, wait for a current image forming job to finish as in (i) then execute a update only after all non-firmware-dependent IFJ are completed is recognized, and prioritizing a FW update to execute while – as in (ii) - suspending firmware-dependent IFJ until the FW update is completed is also recognized.
‘544 also discloses firmware update (pg. 2) orchestrated within a image forming apparatus with a controller notifying via a UI message that in the course of processing normal processing of jobs, a image forming job completion is on hold (S16) awaiting (S20 – pg. 4) a update process interceding with the expected completion time of the job, the notification further indicating that the update operation has completed (S22 – pg. 24) and that the suspended job can be resumed to its destination (S24 -pg. 4); hence update setting being made to forcibly update the firmware in that the processor suspends an image forming job to update the firmware is recognized.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement controller in ‘666’s image forming apparatus in orchestrating scheduled maintenance or firmware update advents so that
1) when a job related to image formation is being executed at a time which is predetermined time before the update date and time (e.g. scheduled maintenance), the processor waits for the job to be finished and then updates the firmware – as per the teachings in’852 if the update is not critical to completion of the job;
2) when a forced update setting is made to forcibly update the firmware, the processor suspends the job and updates the firmware first before resuming the job – as in ‘852 and ‘544 from above; because
maintenance scheduled to be acted upon and how a controller of as image forming apparatus (IFA) should be able to manage the maintenance (firmware update at a predetermined time) are two intertwined functionalities where proper balancing thereof would affect business scope and usability aspect of this image forming apparatus, in that provision of power to be allocated by the controller in sufficient supply at the time of the update and prioritization of the update operation by the controller over the normal flow of image forming job (IFJ) should be equally weighed against a) forcing normal jobs of the IFA service to go off-line or suspended versus b) allowing jobs operation to be conducted with dire effects of a missing update deemed critical to their realization; such that, proper analytics made by the controller prior to a update event to consolidate managed operation as to when it is critical to allow IFJ to complete first and when it is to permit maintenance operation to be carried out first would enhance usability of the image forming apparatus as well as properly sustaining of business operations depending of the apparatus; e.g. service rendered by the apparatus incurring minimal failure due to lack of maintenance or improper applied updates.
Claims 7-8 is/are rejected under § 35 U.S.C. 103 as being unpatentable over JP 5541666, (translation) 7-09-2014, 10 pgs (herein ‘666) in view of Fallon et al, USPubN: 2012/0124568 (herein Fallon) and Ebi Yukari et al, JP 2017105215, (translation) 06-15-2017, 30 pgs (herein Yukari), further in view of Jung Hee et al, KR 20170008712 (translation), 01-24-2017, 16 pgs (herein Jung Hee)
As per claims 7-8, ‘666 does not explicitly disclose image forming apparatus according to claim 1, wherein in a case where the update of the firmware has been unable to be executed due to an apparatus malfunction at a time when the update start timing of the firmware arrived, the processor notifies a predetermined notification destination, and urges the update of the firmware
wherein the apparatus malfunction includes power-off, disconnection from a network line, an apparatus breakdown, or replacement of consumables of the image forming apparatus.
Fallon discloses uninterrupted power supply approach and communicating potential cause of breakdown associated with not having power in sufficient amount (para 0091-0092) thereby to urge the user not to aggravate the power-off threat to the UPS type update.
Jung Hee discloses receipt of a compatible firmware update version to be installed (pg. 2-3) and display of upgrade policy (pg. 4) by a processor controller of a image forming apparatus (copier, printer, facsimile device – pg. 3-4), where based thereupon, the UI instructs the user to install the version of firmware based on compatibility check (pg. 5-6); wherein, if acquisition of the firmware is unsuccessful due to connectivity issue, the control unit display a message indicating failure encountered in acquiring the firmware and instructs that the upgrade be re-executed (pg. 7) or a re-upgrade be set according to the user, the malfunction including issue in acquiring the firmware due to disconnection from a network line, or replacement of parts (software) of the image forming apparatus. Hence, the image forming apparatus upon encountering a malfunction at a time when an update is started with arrival of firmware, issues a notification directed at a destination entity (user or controller) as a urge that the update be executed or re-attempted is recognized.
Therefore, it would have been obvious at the time of the invention for one skill in the art to implement coordination between processor upgrade control and control of firmware acquisition in the image forming apparatus of ‘666 so that in a case where the update of the firmware has been unable to be executed due to an apparatus malfunction at a time when the update start timing of the firmware arrived – as per Jung Hee failure in connection- the image forming apparatus notifies a predetermined destination (user or controller), and urges the latter – as in Jung Hee – to perform or re-execute the update of the firmware, where the malfunction includes power-off (as in Fallon), disconnection from a network line (as in Jung Hee) an apparatus breakdown or replacement of consumables (firmware) of the image forming apparatus as in Fallon or Jung Hee; because
Upgrade set to be performed is intended to remedy to a software issue or functionality inherent to a machine (copier, printer, facsimile device) that support normal operations of an enterprise or business, and configuration setting provided in the image forming apparatus (IFA) in being able to detect that the update operation incurs malfunction - the latter due to replacement of parts on the IFA, or due to insufficient power for the replacement - to communicate users with message about the update malfunction and purposefully instruct the responsible entities (personnel, controller) to urge the entities to re-attempt the upgrade process as set forth above, as that timely communication would mitigate the loss in time between time at which a first acquisition failure is detected and time at which a solution is actually dispatched or re-attempted by designated entities (personnel, computer) thereby to timely restore the IFA to the level of functional normalcy expected from policy or specifications, thus minimizing possible off-line inactivity stance of the IFA.
Claim 9 is/are rejected under § 35 U.S.C. 103 as being unpatentable over JP 5541666, (translation) 7-09-2014, 10 pgs (herein ‘666) in view of Fallon et al, USPubN: 2012/0124568 (herein Fallon) and Ebi Yukari et al, JP 2017105215, (translation) 06-15-2017, 30 pgs (herein Yukari), further in view of Jung Hee et al, KR 20170008712 (translation), 01-24-2017, 16 pgs (herein Jung Hee) and further of JP 5708589 (translation) 04-30-2015, 25 pgs (herein ‘589)
As per claim 9, ‘666 does not explicitly disclose image forming apparatus according to claim 7, wherein the processor starts the update of the firmware when the apparatus malfunction is resolved and the update instruction is received from an external terminal device
Jung Hee discloses instruction generated from the image forming apparatus with controller signal to urge firmware update to re-execute upon a detected connection issue, which entails that the re-attempt or re-execution of a firmware upgrade retrieval can be successful when the initial connection issue is restored.
‘589 discloses communication and cooperation setting (i.e. MFP1) between a image forming apparatus and a external portable terminal, where the IFA performs operation from instructions received from the terminal device (pg.3), using a reception screen set on the IFA, where converted command received from the external terminal is displayed as part of the collaboration software instantiated by a given MFP1 (pg. 7) where in case a update request originated from user (via a call button) of the mobile terminal is identified from an operation screen on the IFA for a given MFP1, collaborative operations by the IFA are to proceed in accordance to the request (pg. 10), where expected results from the operation can be display sent back to the terminal user (pg. 11) by means of the collaboration connectivity; hence update instruction is received from an external terminal device is recognized.
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement collaboration between messaging capability and reception of external data in ‘666 system so that update instruction is received from an external terminal device as shown in ‘589; so that the processor upon the received update instruction would start the update (of the firmware) when the apparatus malfunction is resolved – as per the re-attempt from resolving an unsuccessful connection scenario in Jung Hee; because
communication setting between visual interface of an image forming apparatus (IFA) and that of a external mobile user would benefit from the independent capability of this mobile user being able to discover versions of firmware and most available sources of the firmware from various parts of the internet using the roaming capacity in the mobile device, and using a concurrent display paradigm to instantly correlate input from the mobile terminal’s for configuration settings or well- structured requests with data collecting interface on the IFA would instantly instructs the IFA about what needs to be done in order to instantly resolve an residual or ongoing issue – NW connection issue - encountered with attempt by the operators of the IFA to perform a given or scheduled update, the quick resolution of update using this external cooperation (from a mobile user) as set forth above, improving chances of acquiring the best versions of update, and detailed tutorial/settings with which to acquire the update from indicated sources and/or to restore the IFA back to a compliant and reliable operational state, notably after advent of an initially detected malfunction or failure associated with the intended update.
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.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) 10 is/are directed to an Abstract Idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the following 2 step analysis.
Step I: claim 10 is directed to a method process category.
Step IIA;
Prong 1: The limitation recited as “controlling … display contents or a update timing … according to an apparatus at a time of the update” can be interpreted as a control that can be done by a human mind with pen and paper in the likes of determining how to display information or updating it for observation, evaluation, judgment and proffering opinion. As such, the claim is directed to a Abstract Idea type of Judicial Exception.
Prong 2: there is no sufficient teaching associated with the “controlling display” limitation from above to demonstrate how this limitation would require a Practical Application to carry it out, notably a human mind using pen and paper is sufficient to perform determining how information is displayed and/or when to start updating by way of observation, evaluation or judgement.
Step II, B:
The limitation (additional element) recited as “receiving …” is considered pre-activity type that can be considered insignificant action associated with gathering, storing of data for use by the Judicial exception. The courts have identified functions such as gathering, displaying, updating, transmitting and storing data as well-understood, routine or conventional activities; thus the above additional element as recited do not amount to significantly more than a Judicial Exception. See MPEP 2106.05(d)
Claim 10 is therefore patent ineligible under 35 USC 101.
Claims 1 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) 1 and 11 is/are directed to an Abstract Idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the following 2 step analysis.
Claim 1:
Step I: this is an apparatus claim
Step IIA:
Prong 1: the element recited as “processor controls … display contents … according to an apparatus start time of update” is viewed as a user via a computer is being able to determine when to display information at start of a process of performing mental process of observing, evaluating, judging as identified by the courts in establishing what constitutes an Abstract Idea
Prong 2 found no details surrounding the processor control display of contents to render the act of control display to amount much more than a human mind rendering judgement of how to display data via a computer interface.
Step II, B:
The additional elements including “communication device”, “display device” are considered generic computer means to assist a user context that utilizes computer data to make judgement or observation; e.g. judgement or observation for a update.
The limitation recited as “controls processing related to update of firmware” can be viewed as mere computer use to provide state for an update, the latter subjected to the control of display by a mental process. Hence, the processing related to update of firmware by a computer is viewed a well-understood mean to provide information.
Therefore, the “additional elements” cannot amount to much more than the Judicial exception identified from “controls … display contents” per step IIA. – MPEP2106. 05 (d)
Claim 1 is deemed patent ineligible under the 35 USC 101 statute.
Claim 11:
Step I: this claim belongs to a system category
Step IIA:
Prong 1: This claim recites “controlling display contents” hence can be viewed as activity that can be performed by a human mind. Claim 11 is directed to a Judicial Exception of a Abstract Idea genre.
Prong 2: the limitations such as outputting update instruction, receiving instruction (firmware update) are construed as mere routines being well-understood when one uses a generic computer that present information for one to interact with. Thus, the “outputting” and “receiving” limitations for their insufficiency in describing how the mental process of “controlling display” would require non-conventional techniques or machine, fail to integrate the Judicial Exception from prong 1 into a practical Application.
Step II, B:
The “additional elements” recited as outputting update instruction, receiving instruction (firmware update), “commands executed by a processor”, “outputting firmware” when the firmware is received, merely amount to identified mentioned by the courts as those of gathering, displaying, updating, transmitting and storing data as well-understood, conventional activities, thus do not amount to significantly more than the Judicial Exception identified in step IIA.
Claim 11 is deemed patent ineligible under the 35 USC 101 statute.
Analysis under step II, B of dependent claims.
Claim 2 recites controls display of contents, hence is construed as a mental process similar to the Abstract Idea of claim 1.
Claim 3 recites date and time specification of a update but this fail to provide any transformation deemed inventive or unconventional to the step of control display set forth as a mental process in claim 1.
Claim 4 recites restricting operation of a user in regard to image forming, but this is far remote from providing an inventive step to the control display limitation set forth as a mental process in claim 1.
Claim 5 recites a prior image forming job being scheduled before the update; and this pre-activity cannot integrate the mental process of claim 1 into a practical application.
Claims 6-7 recite forcibly update by a processor with suspend or wait of a current job, and this technique fail amount to significantly more than the mental activity (control display ) of the base claim (claim 1).
Claims 8-9 recite circumstances that necessitate update, and how update is being carried out; but this activity is not linked to the mental activity (control activity) of the base claim; hence, fails to render the Judicial Exception of claim 1 significantly more than an Abstract Idea.
Conclusion
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/Tuan A Vu/
Primary Examiner, Art Unit 2193
February 15, 2026