Prosecution Insights
Last updated: April 19, 2026
Application No. 18/625,317

CONTEXT BASED DIAGNOSTICS IN A HETEROGENEOUS COMPUTING PLATFORM

Non-Final OA §103
Filed
Apr 03, 2024
Examiner
BRYAN, JASON B
Art Unit
2114
Tech Center
2100 — Computer Architecture & Software
Assignee
DELL PRODUCTS, L.P.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
91%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
234 granted / 307 resolved
+21.2% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
15 currently pending
Career history
322
Total Applications
across all art units

Statute-Specific Performance

§101
14.2%
-25.8% vs TC avg
§103
40.2%
+0.2% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 307 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to the independent claims have been considered but are moot because the Lai reference has been added for to teach the matter specifically challenged in the argument. Claim Objections Claim 8 objected to because of the following informalities: the claim recites “the processors further causes the IHS to booting,” The examiner belives this was intended to read “boot.” Appropriate correction is required. 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. Claim(s) 1-3, 7, 12, and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk (US 20160371163 A1) in view of Lai (US 20160155514 A1). As to claim 1, Swierk teaches an Information Handling System (IHS), comprising: a memory device; and one or more processors coupled to the memory device (see Fig. 2), wherein the memory device comprises instructions that, upon execution by the processors, cause the IHS to: determine when a diagnostic test supported by the IHS has been requested (see paragraph 0120, disclosing initiating a firmware-based diagnostics); determine an operating context of the IHS (see paragraph 0121, disclosing accessing failure codes for use in targeting test to specific problems; also see Fig. 4); and the requested diagnostic test to be performed during operation of one or both of a diagnostic boot mode of the IHS and a host operating system of the HIS (see paragraph 0121, disclosing accessing failure codes for use in targeting test to specific problems; also see paragraph 0122, disclosing that OS-level testing may be performed and tailored; also see Fig. 4 and corresponding text). Swierk does not explicitly teach wherein the operating context comprises a power mode including whether the IHS is running on a battery or on an AC power source and based on the current operating context of the IHS, delay performance of the diagnostic test. However, Lai teaches deferring testing when a computing system is running on battery power and not connected to AC power (see paragraph 0063). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine it helps protect against crashes due to memory failures (see paragraph 0064). It also prevents overuse of resources that may be reduced while on battery power alone. As to claim 2, the references teach claim 1 as referenced above. They further teach when a diagnostic boot mode has been configured, boot the IHS to a diagnostic boot mode to perform the diagnostic test on one or more hardware components of the HIS (see Swierk paragraph 0121, disclosing that when firmware-based testing is performed, targeting testing of a hard drive). As to claim 3, the references teach claim 2 as referenced above. They further teach an embedded controller, wherein execution of the instructions by the processors further causes the IHS to boot, using the diagnostic boot mode, the IHS to a diagnostic mode supported by the embedded controller (see Swierk Fig. 2 and paragraph 0037, disclosing an embedded controller). As to claim 7, the references teach claim 1 as referenced above. They further teach execution of the instucations by the processors further causes the IHS to store results of the diagnostic boot mode are stored to a shared portion of the memory device and retrieve the results upon a subsequent booting of the host operating system of the IHS (see Figs. 6 and 7 and corresponding text, disclosing storing testing information in memory for the next stage of diagnostics and that health information is used on a subsequent boot to SOS). As to claim 12, the references teach claim 1 as referenced above. They further teach the operating context of the IHS comprises a status of a user that operates the HIS (see Swierk paragraph 0008, disclosing getting a user’s account information or obtaining it using a user credential hash). As to claim 17, the references teach claim 1 as referenced above. They further teach the operating context of the IHS comprises a a thermal status of the IHS, a status of a user that operates the IHS and an ongoing transport of the HIS (see Lai, paragraph 0075, disclosing determining a temperature of the weakest cells of memory whose addresses can be used as identifiers). As to claims 14 and 18, they are rejected on grounds corresponding to above rejected claim 1 because they are substantially equivalent. As to claims 15 and 19, they are rejected on grounds corresponding to above rejected claim 2 because they are substantially equivalent. As to claim 16, it is rejected on grounds corresponding to above rejected claim 3 because they are substantially equivalent. As to claims 20, it is rejected on grounds corresponding to above rejected claim 17. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk and Lai in view of Dubal (US 20030115509 A1). As to claim 4, the references teach claim 2 as referenced above. They do not explicitly teach the operating context of the IHS comprises constrained availability of hardware resources of the IHS that restricts running of the requested diagnostic test during operation of the host operating system mode of the HIS. However, Dubal teaches delaying running diagnostics in the absence of enough resources to run the diagnostics (see Fig. 3 and corresponding text, ee Dubal, Abstract, disclosing CPU and memory availability). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the delays of Dubal because it prevents system disruptions from running diagnostics (see abstract). Claim(s) 5, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk and Lai in view of Chien (US 20210286692 A1). As to claim 5, the references teach claim 3 as referenced above. Swierk further teaches the diagnostic test is performed by the embedded controller (see Fig. 2 and paragraph 0037, disclosing an embedded controller). Swierk does not explicitly teach execution of the instructions by the proessors further causes the IHS to stress test, using the diagnostic test the one or more hardware components of the IHS. However, Chien teaches performing hardware stress tests (see Summary, paragraph 0034, 0064, 0065). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the methods of Chien because it enables diagnostics and identifying and disabling faulty hardware components (see Summary). As to claim 11, the references teach claim 1 as detailed above. They do not explicitly teach the operating context of the IHS comprises a thermal status of the IHS. However, Chien teaches examining thermal data during a hardware diagnostics boot up (see paragraph 0033). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the methods of Chien because it enables diagnostics and identifying and disabling faulty hardware components (see Summary). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk and Lai in view of Chen (US 11675648 B2). As to claim 6, the references teach claim 1 as detailed above. Swierk further teaches execution of the instructions by the processors further causs the IHS to select, using the requested diagnostic test to be performed both during operation of the diagnostic boot mode and of the host operating system (see above discussion. Swierk does not explicitly teach that this is selected in order to generate training inputs to a diagnostic machine learning system. However, Chen teaches diagnostic data can be supplied to machine learning (see col. 3, lines 10-20). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the methods of Chen because it enables detecting health, severity of an anomaly, or predict its impact (see col. 3, lines 10-20). Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk and Lai in view of Vecoven (US 20040221198 A1). As to claim 8, the references teach claim 1 as detailed above. Swierk further teaches execution of the instructions by the processors further causes the IHS to booting, using the diagnostic boot mode, a service operating system (see Fig. 6; for purposes of this claim, the examiner is interpreting the diagnostic boot mode as corresponding to the SOS boot rather than the firmware testing mode). The references do not explicitly teach that this is done in order to replicate a reported error. However, Vecoven teaches recreating errors for diagnostic purposes (see background). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the methods of Vecoven because it allows faulty components to be diagnosed and deconfigured (see Background). As to claim 9, the references teach claim 8 as detailed above. Swierk further teaches the service operating system is run by an SoC (System-on-Chip) of the IHS during the diagnostic boot mode (see Fig. 2 and paragraph 0037, disclosing an embedded controller). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swierk and Lai in view of Bowers (US 20160133340 A1). As to claim 13, the references teach claim 1 as detailed above. They do not explicitly teach the operating context of the IHS comprises ongoing transport of the IHS. However, Bowers teaches using a sensor to detect motion of a device (see paragraph 0042). It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Swierk with the methods of Bowers because it enables diagnostics and warning before a data loss and permanent failure (see paragraph 0015). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON B BRYAN whose telephone number is (571)270-7091. The examiner can normally be reached Mon-Fri, 8-5 First Friday off. 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, Ashish Thomas can be reached at 5712720631. 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. /JASON B BRYAN/Primary Examiner, Art Unit 2114
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Prosecution Timeline

Apr 03, 2024
Application Filed
Jul 26, 2025
Non-Final Rejection — §103
Oct 27, 2025
Response Filed
Dec 12, 2025
Final Rejection — §103
Feb 17, 2026
Response after Non-Final Action
Mar 05, 2026
Request for Continued Examination
Mar 13, 2026
Response after Non-Final Action
Mar 20, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
91%
With Interview (+14.8%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 307 resolved cases by this examiner. Grant probability derived from career allow rate.

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