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 .
Status of Claims
Claims 31-50 are presented for examination in this application. The application filing date on 04/12/2024. Claims 31, 42 and 43 are independent.
Examiner notes
3. (A). Drawings submitted on 04/12/2024 comply with the provisions of 37 CFR 1.121(d), have been fully considered by the Examiner.
(B). Limitations have been provided with the Bold fonts in order to distinguish from the cited part of the reference (Italic).
(C). Examiner has cited particular columns, line numbers, references, or figures in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP §§ 2141.02 and 2123.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111 (c).
(D). In view of the specification [0022], recited examples of the first, second and third device in claims 35 and 38 are confusing. It is suggested to amend the claims by reciting examples of the claimed devices commensurate with the specification.
Foreign - Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application. It is noted, however, that applicant has not filed a certified copy of the IN202421018648 application as required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: [ 1 ].
(D). In view of the specification [0022], naming of first, second and third device in claims are a bit confusing in claims 35 and 37. It is suggested to review entire claims to commensurate with the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 38, 39, and 50 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 38 and 50, line 3, “can be” is indefinite. For the examination purposes, “that can be” will be treated as --to be--.
Claim 39 depends on the rejected claim and inherit the same issue.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 31-33, 35-37, 42-45 and 47-49 are rejected under 35 U.S.C. 103 as being obvious over Chis et al (US 20240378045 A1, hereinafter, Chis) in view of Wu et al (US 20210279051 A1, hereinafter Wu).
As to claim 31, Chis discloses a method performed by a first device, the method comprising:
receiving (“delivery/downloading”) files (“new content”) from a second device (“mobile device”) while the first device (“industrial device”) is in communication with a third device (“cloud server”) (Figs.1, 1A, 1B and 2 par. 0015, … delivery of the new content 140 such as functionality through an alternate path like containerized content from the cloud-based server 109 via the cloud connection 108 to the intelligent industrial device 102. The mobile device 120 in certain examples can obtain a license to enable content delivery and/or activation [e.g., downloading and installation] … . Further, par. 0017, …the mobile device 120 can directly deploy the new content 140 and/or a license to the intelligent industrial device 102 through a direct connection to the intelligent industrial device 102 ( e.g., via an associated HIM 110, 136 or the WAP106), including possible use of the industrial network 101. Further, par. 0018, … by downloading or managing a function and/or licenses as a batch to update an entire line of an industrial system 100. The new content 140 can include device configurations and/or firmware updates, for example, a configuration file or firmware update that gets downloaded to all of the intelligent industrial devices 102, …);
discontinuing the communication between the first device and the third device and
thereafter performing an installation of the files on the first device (par. 0017, … the mobile device 120 can manage the downloading, enabling and/or licensing of the desired content 130, 140. In certain examples where the intelligent industrial device 102 is in a location with no network [i.e. communication with a third device] access (e.g., no cloud access)… Further, par. 0023, … If the intelligent industrial device 102 is not connected [i.e. disconnected communication] to the cloud (NO at 212), the mobile device120 installs the new content 114 at 216 and 218 in FIG. 2);
Chis does not explicitly disclose the following limitations but,
Wu Discloses reestablishing communication with the third device after the installation (par. 0029, the communication device 202 may wirelessly communicate with a cloud server 230 [i.e. third device]. For example, the data collected by the sensors 210 may be communicated to the cloud server 230 to be stored and/or processed. In some embodiments, when the communication device 202 sends data to the cloud server 230, the data may include information about the current settings and processes on the communication device 202. For example, the current firmware that is installed on the mesh modem 220 may be communicated to the cloud server 230. The cloud server 230 may process this information and may identify if the firmware of the mesh modem 220 can be upgraded. When the cloud server 230 determines that the firmware can be upgraded, the cloud server 230 may send the upgrade to the communication device 202, where the mesh modem 220 may install the upgraded firmware. The installation may be facilitated by the processor 224 and memory 226 of the mesh modem 220, and may not affect the processor 204 and memory 206 of the communication device 202. Therefore, the communication device 202 may continue to function while the firmware upgrade is happening. In some embodiments, the wireless connection between the communication device 202 and other devices may be temporarily interrupted while the upgrade is happening, and once the wireless connection is reestablished … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include calculating whether one or more characteristics of each of a plurality of simultaneous respective communication links meets a switching criterion, that can be used for selection of communication links, as disclosed by Wu, for the purpose of reestablishing wireless communication and forward any monitored data received by the first processor and the first memory during the temporary interruption to the remote server. (see paragraph 0007 and Abstract).
As to claim 32, Chis discloses the method wherein receiving the files comprises receiving the files via a (Figs.1, 1A, 1B and 2 par. 0015, … delivery of the new content 140 such as functionality through an alternate path like containerized content from the cloud-based server 109 via the cloud connection 108 to the intelligent industrial device 102. The mobile device 120 in certain examples can obtain a license to enable content delivery and/or activation [e.g., downloading and installation] … .Further, par. 0010, … The industrial network 101 can be or include any suitable type and form of communications network with communications lines and equipment, wired and/or wireless, communications bridging equipment, etc., for example industrial Ethernet or Ethernet/IP, … FIG. 1), and/or the cloud-based server 109 includes new content 140 … ).
As to claim 33, Chis discloses the method wherein the communication between the first device and the third device is performed via a serial connection between the first device and the third device (par. 0011, … FIG. 1 further illustrates a mobile device 120 that can be operatively coupled to the devices 102 and other components of the system 100 and to the industrial network 101 by various structures, for example, cellular or other wired or wireless [i.e. serial connection]connections to the industrial network 101 via the cloud connection 108 and the network edge device 107 (shown as an optional cellular connection 131 in FIG. 1), wired or wireless connections to one of the intelligent industrial devices 102 and/or to an associated HIM 103 (e.g., shown as a direct wireless link 132 in FIG. 1), a wireless connection via the WAP 106 (e.g., shown as an indirect mobile link 133 in FIG. 1), and/or a wireless connection 134 established between the mobile device 120 and an advanced HIM 136, such as a tablet device operatively coupled by wired or wireless communications to the industrial network 101 as shown in FIG. 1. FIG. 1B shows an example implementation of the mobile device 120 operatively coupled to the industrial system 100).
As to claim 35, Chis discloses the method wherein the second device comprises a smartphone, a tablet computer, a laptop computer, or a desktop computer (par. 0013, FIG. 1B illustrates an example implementation of the mobile device 120. The mobile device 120 can be any form of portable electronic device, such as a tablet, smart phone, smart watch, etc.).
As to claim 36, Chis discloses the method wherein the first device comprises an ethernet adapter configured to provide network connectivity for the third device (Fig. 1, par. 0010, … The system 100 also includes one or more human interface modules 103 (also referred to as HIMs) operatively coupled to an associated one of the intelligent industrial devices 102 and/or to the industrial network 101. The industrial network 101 can be or include any suitable type and form of communications network with communications lines and equipment, wired and/or wireless, communications bridging equipment, etc., for example industrial Ethernet or Ethernet/IP, fieldbus compliant networks … the industrial network 101, and a network edge device 107 operatively coupled with the industrial network 101 to provide communications between the industrial network 101 and a cloud connection 108 to a server 109 …).
As to claim 37, Chis discloses the method wherein the third device comprises a power supply (Fig. 1, par. 0010, … The intelligent industrial devices 102 can be any form or type of industrial control component or system, for example, motor drives operative to drive a motor load M as schematically illustrated in FIG. 1, power supplies, other types and forms of industrial control equipment, etc. … the components thereof provide control and actuator functions to operate an industrial system, such as a manufacturing facility or machines thereof, such as conveyors, motors, valves, power supplies, etc., including operation of one or more connected or independent control loops implemented by processors (not shown) of one or more of the intelligent industrial devices 102, the controller 104, and/or of a remote system such as the cloud-based server 109 … ).
As to claim 42, Chis-Wu discloses a first device comprising:
one or more processors (Chis at abstract, … when executed by a processor of a mobile device connected to an industrial network of an industrial system … ); and
a computer readable medium storing instructions that, when executed by the one or more processors, cause the first device to perform functions comprising (Chis at par. 0003, a non-transitory computer readable medium has computer executable instructions which, when executed by a processor of a mobile device connected to an industrial network of an industrial system … ):
For remaining limitations see remarks regarding claim 1.
As to claim 43, Chis-Wu discloses a non-transitory computer readable medium storing
instructions that, when executed by one or more processors of a first device, cause the first
device to perform functions comprising (Chis at par. 0003):
For remaining limitations see remarks regarding claim 1.
As to claim 44, it is the device claim, having similar limitations of claim 32. Thus, claim 43 is also rejected under the same rationale as cited in the rejection of claim 32.
As to claim 45, it is the device claim, having similar limitations of claim 33. Thus, claim 45 is also rejected under the same rationale as cited in the rejection of claim 33.
As to claim 47, it is the device claim, having similar limitations of claim 35. Thus, claim 47 is also rejected under the same rationale as cited in the rejection of claim 35.
As to claim 48, it is the device claim, having similar limitations of claim 36. Thus, claim 48 is also rejected under the same rationale as cited in the rejection of claim 36.
As to claim 49, it is the device claim, having similar limitations of claim 37. Thus, claim 49 is also rejected under the same rationale as cited in the rejection of claim 37.
Claims 34 and 46 are rejected under 35 U.S.C. 103 as being obvious over Chis et al and Wu et al. as applied to claims 31 and 42 and further in view of Hwang et al. (.US 12061892 B, hereinafter Hwang).
As to claim 34, Chis as modified by Wu does not explicitly disclose the following but,
Hwang discloses the method further comprising rebooting the first device after the installation and before reestablishing the communication (col. 21, ll. 62-67, the electronic device 401 may select a partition area corresponding to the selected combination and perform firmware update by using data of the selected partition area, in operation 1070. Next, the electronic device 401 may perform rebooting in operation 1075 to proceed to operation 1005 of FIG. 10A. Further, col. 6. ll. 25-31, the wireless communication module 192 may identify and authenticate the electronic device 101 in a communication network, such as the first network 198 or the second network 199, using subscriber information (e.g., international mobile subscriber identity (IMSI)) stored in the subscriber identification module 196. Note: Reboot disconnect all network communication. Reestablish communication when mobile device up and running after reboot).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include the method further comprising rebooting the first device after the installation and before reestablishing the communication, as disclosed by Hwang, for the purpose to activate the updated firmware (see col. 12, ll. 29-30).
As to claim 46, it is the device claim, having similar limitations of claim 34. Thus, claim 46 is also rejected under the same rationale as cited in the rejection of claim 34.
Claims 38 and 50 are rejected under 35 U.S.C. 103 as being obvious over Chis et al and Wu et al. as applied to claims 31 and 42 and further in view of Ayanam et al. (US 20150052596 A1, hereinafter Ayanam).
As to claim 38, Chis discloses the method wherein the (Fig. 1B, par, 0014, … when executed by the processor 122 of the mobile device 120, cause the mobile device 120 to enable embedded content 130 of an intelligent industrial device 102 of the industrial system 100 and/or to install new content 140 in the intelligent industrial device 102. The mobile device processor 122 is operatively coupled to the memory 124 and configured to execute the executable components 126, including the communications component 127 that communicates with an intelligent industrial device 102 of the industrial system 100 via an associated human interface module 110 or the wireless access point 106 or via the industrial network 101, as well as the content component 128 [i.e. another device] that installs or triggers installation of the new content 140 to the intelligent industrial device 102 or enables embedded content 130 of the intelligent industrial device 102. Execution of the computer executable instructions 126 in one example cause the mobile device 120 to obtain a license for the embedded content 130 and/or the new content 140 of the intelligent industrial device 102. In one example, execution of the computer executable instructions 126 can cause the mobile device 120 to enable the embedded content 130 of the intelligent industrial device 102 and/or to install the new content 140 in the intelligent industrial device 102).
Chis as modified by Wu does not explicitly disclose the following limitation but,
Ayanam discloses the method wherein the files comprise web server user interface files that, when executed by the (Fig. 1, par. 0016, … authenticate a login request sent from the graphical user interface for a user at the firmware generator; detect a selection of one or more components to be included in the firmware configuration file at the graphical user interface; in response the selection, at the graphical user interface, construct a first request having information of one or more selected components; send the first request to a web server of the firmware generator at the graphical user interface; receive the first request at the web server … . Further, par. 0040, … The firmware generator 110 is a firmware feature configurator and firmware image generator system and it is accessible by a client application 109 through the network 102. Traditionally a firmware generation module is locally installed on a client computer. The client computers 106-I in this embodiment can allow clients throughout the world via network connections … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include the method wherein the files comprise web server user interface files that, when executed by the first device, cause the first device to provide a graphical user interface that can be accessed on another device via a network connection, as disclosed by Ayanam, for the purpose of providing, at a remote computing device in communication with the firmware generator via a network (see Abstract of Ayanam).
As to claim 50, it is the device claim, having similar limitations of claim 38. Thus, claim 50 is also rejected under the same rationale as cited in the rejection of claim 38.
Claim 39 is rejected under 35 U.S.C. 103 as being obvious over Chis et al , Wu et al and Ayanam as applied to claim 38 and further in view of Rath et al. (US 11463525 B1, hereinafter Rath).
As to claim 39, Chis as modified by Wu, Ayanam does not explicitly disclose the following limitation but,
Rath discloses the method wherein the graphical user interface is configured for use in monitoring and controlling the third device (col. 19, ll. 47-60, f a set of IoT devices including a plurality of IoT sensors, validating each of the set of IoT devices based on the received metadata, establishing communication with each of the set of IoT devices through an associated predefined data communication protocol, receiving real-time data from each of the plurality of sensors associated with each of the set of IoT devices through an IoT protocol, monitoring the real-time data received from each of the plurality of sensors at predefined time intervals through a GUI, and managing one or more device parameters corresponding to each of the set of IoT devices in the heterogeneous communication network through the GUI based on the real-time data).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include the method wherein the graphical user interface is configured for use in monitoring and controlling the third device, as disclosed by Rath, for the purpose of monitoring the real-time data received from each of the plurality of sensors at predefined time intervals through a Graphical User Interface (see col. 1, ll. 67-2 of col. 2).
Claim 40 is rejected under 35 U.S.C. 103 as being obvious over Chis et al and Wu et al as applied to claim 31 and further in view of Tsao et al. (US 20200293634 A1, hereinafter Tsao).
As to claim 40, Chis as modified by Wu does not explicitly disclose the following limitation but,
Tsao discloses the method wherein the files comprise binary firmware files (par. 0013, … To authenticate the plurality of binary firmware files, the program instructions, upon execution, may further cause the IHS to create a hash based upon a first one of the plurality of binary firmware files … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include the method wherein the files comprise binary firmware files, as disclosed by Tsao, for the purpose of updating the firmware (see par. 0002).
Claim 41 is rejected under 35 U.S.C. 103 as being obvious over Chis et al , Wu et al and Tsao et al. as applied to claim 40 above and further in view of Liu et al. (US 20140365755 A1, hereinafter Lie).
As to claim 41, as modified by Wu and Tsao does not explicitly disclose the following limitations but,
Liu discloses the method wherein the files are encrypted (par. 0060, … the user may use one or more files within the firmware volume (or the entire firmware volume) to create a hash using a suitable hash algorithm (e.g., SHA-256, etc.), and then encrypts the resulting hash with a private key using a suitable encryption algorithm … ).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Chis to include the method wherein the files are encrypted, as disclosed by Liu, for the purpose to embed the signature into the firmware volume (see par. 0060).
Conclusion
Prior arts made of record are considered pertinent to applicant's disclosure. See MPEP § 707.05 (C) For Examples:
I. Sue et al. (US 20250328121 A1) discloses: “ The data logger is typically provided with a power supply, for example an industrial power supply (conveniently a 9 to 30 volt industrial power supply), though a range of power supply options are available if such an industrial power supply (or other power supply) is not available. The data logger may derive power from a plurality of power supply options including as selected by the controller, preferably automatically. Such power supply options would typically include an auxiliary power module, conveniently having the same form factor as a LAM described above. A plurality of auxiliary power modules may be included as required. Another power supply option could be Power over Ethernet (POE) or a similar standard (including under IEEE Standard 802.3) that enables data and power to be transferred simultaneously, for example through a twisted pair cable. A PoE module could act as CCM though may be provided as a LAM.” (please see [0022]).
II. Eleminan et al. (US 20190133445 A1) discloses: “Beyond those foundations, the functions of care operations service suite 300 naturally fall into a few major groups. The first of these includes the management functions, which provide ways to configure and control the care operations service suite 300. Management server 320 may form the basis of the management function group, providing a network interface and an operating environment for the various management services. Management server 320 may include such components as a web server, a secure shell interface, a file transfer protocol server, and related capabilities typically used in the management of information technology systems” (please see [0090]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD H KABIR whose telephone number is (571)270-1341. The examiner can normally be reached M-F, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Sough can be reached at 571-272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohammad Kabir/
Examiner, Art Unit 2192
/S. SOUGH/spe, art unit 2192