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 .
Claims 1-20 are pending.
This is in response to communications filed on 5/21/24.
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.
Claims 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to signal per se.
Claims 19-20 recites a hardware memory device having program instructions stored thereon. It is not clear whether the device is limited to non-transitory embodiments. Applicant’s specification does not mention whether hardware device excludes signal and therefore, may include the transitory embodiments. Applicant may amend to recite “a non-transitory memory device having program instructions stored thereon” to overcome the 35 USC 101.
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) 1-2, 4-16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamlin et al (US Patent 11979282), and further in view of Phoung et al (US Patent 8977733)
For claim 1, Hamlin et al teach the following limitations: An Information Handling System (IHS) (Fig 1 – Fig 12), comprising: a processor; and a memory coupled to the processor, the memory having program instructions stored thereon that, upon execution (line 39, col 31 through line 9, col 32 mention about memory storing instructions to be executed by the processor), cause the IHS to: receive telemetry data (lines 10-23 of col 13; lines 54-60 of col 17 mention receiving telemetry data by orchestrator 501A; Fig 6 shows 501A of platform 300; thus IHS 300 receives telemetry data) from an Embedded Controller (EC) (lines 5-20 of col 8; lines 22-30 of col 19 mention that telemetry data is collected from applications 412-414; lines 10-11 of col 18 mention that agent 413 may be replaced with EC 409; therefore, the telemetry data is received from EC 409 to orchestrator 501A of iHS 300) coupled to the processor (Fig 1 shows the coupled network); and in response to a determination that a policy is met based, at least in part, upon the telemetry data (Fig 8; line 27, col 20 through line 18 col 21 mention that orchestrator may enforce a policy rule based on telemetry data), modify a network communication of a (Fig 12 B step 1248; lines 10-25 of col 21 mention telemetry based thermal management; lines 45-58 of col 22 mention thermal management includes network driver to apply the performance strategies; lines 30-60 of col 23; lines 1-30 of col 28).
For the limitations “modify network communication of a pre-boot application”, Hamlin teaches configuring the network device before loading OS (lines 30-60 of col 23; upon initialization … implement procedures for power, performance and thermal characteristics of these network controllers … capabilities of network controller are configured … to maintain within thermal constraints … further initialization includes loading OS; thus the pre-boot network communication application is configured). For further clarification Phoung et al teach modify a network communication of a pre-boot application based upon telemetry data (Fig 4; col 9 mentions that modified configuration includes PXE boot configuration; PXE is a pre boot application; lines 50-63 of col 5; lines 40-45 of col 6; lines 1-22 of col 5 – network settings are configured when host is in enhanced standby mode, which is a telemetry data (lines 20-31 of col 4 – power status of host)).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to modify the configuration/settings of the pre-boot application, since that way thermal envelop can be maintained with reduced functionalities when temperature is high or less power is available. Phoung et al teach various ways to configure the network application including the pre-boot application (col 9) and Hamlin provides performance reduction to implement the thermal strategies (lines 45-51 of col 22; lines 30-35 of col 21). Therefore, with the disabling of PXE, the system of Hamlin can additionally incorporate the thermal management.
For claim 2, wherein the pre-boot application comprises a Basic Input/Output System (BIOS)/Unified Extensible Firmware Interface (UEFI) application configured to communicate with a remote server in a pre-boot environment (Phoung col 9, PXE is a BIOS based application configured to communicate with remote server in a pre-boot environment).
For claim 4, wherein the telemetry data comprises temperature data for one or more thermal zones of the processor (Hamlin Fig 9 – Fig 11 Hamlin; lines 10-21 of col 21).
For claim 5, wherein the temperature data indicates an overtemperature condition (Hamlin lines 50-60 of col 23 – thermal constraints).
For claim 6, wherein the policy associates the temperature data with the modification to the network communication (lines 30-60 of col 23; lines 40-67 of col 27 lines 47-52 of col 22 Hamlin).
For claim 7, wherein the modification comprises establishing or switching the network communication from a first speed or bandwidth to a second speed or bandwidth, and wherein the second speed or bandwidth is smaller than the first speed or bandwidth (lines 47-52 of col 22 mention performance reduction to reduce heat; lines 33-35 of col 21 mention modifying frequency of operation Hamlin).
For claim 8, wherein the modification comprises establishing or switching the network communication from a first network technology to a second network technology, and wherein the second network technology consumes less power than the first network technology (Hamlin lines 12-32 of col 30; lines 30-40 of col 31 mention various types of networks and specify settings for a particular network and selecting settings to adjust power during use inattentiveness; thus during user inattentiveness system allows the selection of network types; Phoung further teaches that PXE/ SAN/other types can be enabled disabled; thus with the combination, it is possible to switch to another network type for less power consumption).
For claim 9, wherein the temperature data falls within a selected range (lines 55-57 of col 22 Hamlin temperature crosses selected trip point).
For claim 10, Hamlin teaches wherein the modification comprises establishing or switching the network communication from a first speed or bandwidth to a second speed or bandwidth, and wherein the second speed or bandwidth is greater than the first speed or bandwidth (lines 30-60 of col 23 lines 10-21 of col 21, mention about selecting network setting based on thermal constraints; thus, with safe temperature range, the settings will have faster speed; lines 10-32 of col 30).
For claim 11, Hamlin teaches wherein the modification comprises establishing or switching the network communication from a first network technology to a second network technology, and wherein the second network technology consumes more power than the first network technology (lines 10-32 of col 30, video games require more power and settings of the particular network is selected accordingly; Phoung further teaches that PXE/ SAN/other types can be enabled/disabled; thus with the combination, it is possible to switch to another network type with more power consumption required by the application).
For claim 12, Hamlin teaches the policy comprises one or more rules usable by the pre-boot application to select a modification to the network communication (the rules are thermal management as mentioned in lines 30-60 of col 23) based, at least in part, upon context information (Fig 7 Fig 8 Hamlin mention about context information) .
For claim 13, Hamlin teaches wherein the context information comprises at least one of: a location of the IHS, an identity of a user of the IHS, a serial number or service tag of the IHS, a predicted duration of a download operation, or a current number of boot attempts (lines 35-60 of col 12 – location).
For claim 14, Hamlin teaches wherein the program instructions, upon execution, further cause the IHS to modify, based at least in part upon the telemetry data, at least one of: a speed of a cooling fan coupled to a chassis of the IHS, or a power state of the processor (lines 32-42 of col 10; lines 30-35 of col 21).
For claim 15, Hamlin teaches wherein the processor and the memory are part of a heterogenous computing platform selected from the group consisting of: a System-On-Chip (SoC), a Field-Programmable Gate Array (FPGA), and an Application-Specific Integrated Circuit (ASIC) (lines 25-35 of col 4)
For claim 16, Hamlin teaches wherein the heterogenous computing platform comprises a Reduced Instruction Set Computer (RISC) processor coupled to an interconnect selected from the group consisting of: an Advanced Microcontroller Bus Architecture (AMBA) bus, a QuickPath Interconnect (QPI) bus, and a HyperTransport (HT) bus (lines 50-60 of col 6).
For claim 19, Hamlin et al teach the following limitations: A hardware memory device having program instructions stored thereon that, upon execution by a processor of an Information Handling System (IHS) (line 39, col 31 through line 9, col 32 mention about memory storing instructions to be executed by the processor; Fig 1 – Fig 3 show the HIS networked together), cause the processor to: receive telemetry data (lines 10-23 of col 13; lines 54-60 of col 17 mention receiving telemetry data by orchestrator 501A; Fig 6 shows 501A of platform 300; thus IHS 300 receives telemetry data); and based, at least in part, upon the telemetry data (Fig 8; line 27, col 20 through line 18 col 21 mention that orchestrator may enforce a policy rule based on telemetry data), select or modify a network connection usable by an application executed by the processor in a pre-boot environment (Fig 12 B step 1248; lines 10-25 of col 21 mention telemetry based thermal management; lines 45-58 of col 22 mention thermal management includes network driver to apply the performance strategies; lines 30-60 of col 23; lines 1-30 of col 28).
For the limitations “a network connection usable by an application executed by the processor in a pre-boot environment”, Hamlin teaches configuring the network device before loading OS (lines 30-60 of col 23; upon initialization … implement procedures for power, performance and thermal characteristics of these network controllers … capabilities of network controller are configured … to maintain within thermal constraints … further initialization includes loading OS; thus the pre-boot network communication application is configured). For further clarification Phoung et al teach modify a network connection usable by an application executed by the processor in a pre-boot environment based upon telemetry data (Fig 4; col 9 mentions that modified configuration includes PXE boot configuration; PXE is a pre boot application; lines 50-63 of col 5; lines 40-45 of col 6; lines 1-22 of col 5 – network settings are configured when host is in enhanced standby mode, which is a telemetry data (lines 20-31 of col 4 – power status of host)).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to modify the configuration/settings of the pre-boot application, since that way thermal envelop can be maintained with reduced functionalities when temperature is high or less power is available. Phoung et al teach various ways to configure the network application including the pre-boot application (col 9) and Hamlin provides performance reduction to implement the thermal strategies (lines 45-51 of col 22; lines 30-35 of col 21). Therefore, with the disabling of PXE, the system of Hamlin can additionally incorporate the thermal management.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamlin et al (US Patent 11979282), and further in view of Yang et al (US Patent Application Publication 20170052854).
For claim 17, Hamlin et al teach the following limitations: In an Information Handling System (IHS) (Fig 1 – Fig 3), a method comprising: determining that a policy is met (Fig 8; line 27, col 20 through line 18 col 21 mention that orchestrator may enforce a policy rule based on telemetry data; the policy includes thermal management; lines 10-20 of col 21; lines 48-52 of col 22), by an Embedded Controller (EC) coupled to a host processor of the HIS (lines 49-67 of col 20; orchestrator 501A can be implemented as EC lines 20-27 of col 17; Fig 6 host OS 400 is run by host processor), based at least in part upon thermal data obtained by the EC from the host processor (telemetry data is collected from host OS lines 20-30 of col 19; host OS is executed by host processor; telemetry data includes thermal data; lines 10-20 of col 21; lines 30-60 of col 23; lines 1-30 of col 28); and in response to the determination, selecting a network communication (Fig 12 B step 1248; lines 10-25 of col 21 mention telemetry based thermal management; lines 45-58 of col 22 mention thermal management includes network driver to apply the performance strategies; lines 30-60 of col 23; lines 1-30 of col 28)
Hamlin does not explicitly mention about any downloading operation by EC. Hamlin mentions various updates via network (lines 1-30 of col 28 mentions initiating maintenance procedure by firmware updates). For further clarification, Examiner cites Yang that mentions BMC to download the file ([0021] Yang).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to select the communication for a download operation performed by EC, since EC downloading is necessary in many case, particularly when server is corrupted or malfunctioning. As Hamlin teaches thermal management based on telemetry data (Fig 12) and the adjusted settings allows for different user contexts and various updates (lines 40 col 27 through line 30 col 28), the settings can be selected to ensure. necessary downloading
For claim 18, Hamlin teaches wherein the context information comprises at least one of: a location of the IHS, an identity of a user of the IHS, a serial number or service tag of the IHS, a predicted duration of a download operation, or a current number of boot attempts (lines 35-60 of col 12 – location).
Claim(s) 3, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamlin et al (US Patent 11979282), and further in view of Phoung et al (US Patent 8977733), further in view of Yang et al (US Patent Application Publication 20170052854).
For claim 3, Hamlin mentions initiating maintenance procedure and initiating firmware updates (lines 15-30 of col 28), but Hamlin in view of Phoung does not explicitly mention about the downloading a recovery partition or hard drive image from the remote server. Yang teaches downloading a recovery system including downloading disk image file from a remote server in the pre-boot ( [0014]-[0022]; [0033]). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to download the recovery files from a remote server during pre-boot environment so that system can recover and boot safely when corrupted.
For claim 20, Hamlin mentions initiating maintenance procedure and initiating firmware updates (lines 15-30 of col 28), but Hamlin in view of Phoung does not explicitly mention about the downloading a recovery partition or hard drive image from the remote server. Yang teaches downloading a recovery system including downloading disk image file from a remote server in the pre-boot (lines [0014]-[0022]; [0033]). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to download the recovery files from a remote server during pre-boot environment so that system can recover and boot safely when corrupted.
Conclusion
PTO-892 cites additional references that are related to background of the invention, but are not relied upon for rejection.
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/FAHMIDA RAHMAN/Primary Examiner, Art Unit 2175