DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to amendments filed on 8/11/2026.
The instant application having application No. 18/724,105 filed on June 25, 2024, presents claims 32-51 for examination, claims priority to PCT/KR2022/013108, filed September 1, 2022, to KR10-2022-0009432, filed January 21, 2022, and to KR10-2021-0194529, filed 12/31/2021.
Status of the Claims
Claims 32, 33, 36, 38-51 have been amended, claims 1-31 were previously canceled. Accordingly, claims 32-51 are currently pending in the application.
Response to Amendment
(A). Regarding claim objections: Applicant's amendment to claims appropriately addressed the objection to claim 41, the objection is withdrawn.
(B). Regarding art rejection: In regard to pending claims Applicant’s arguments are not persuasive; further, Applicant's amendments necessitated new grounds of rejections presented in the following art rejection.
Examiner Notes
Examiner cites particular columns, paragraphs, figures 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 their 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Interpretation
Claims 38-45 recite “a communication unit configured to …”, “a controller configured to …”, and “a user interface configured to …”, the claim language has been interpreted not to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the spec e.g. para [59-93] discloses structures for these elements.
Claim Objections
Claim 38-45 are objected to because of the following informalities:
Claim 38, Line 3, “a home appliance”, suggestion: - [[a]] the home appliance -.
Dependent claims 39-45 are objected to for the same reason because they depend from claim 38.
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 of this title, 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 32, 38, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”).
With respect to claim 32 (Currently Amended), YE discloses A method for upgrading a home appliance, comprising:
transmitting software to a home appliance by a management server (e.g. para [0074], “downloading the available software update to the module memory 162 first, and then storing the available software update from the module memory 162 to the memory 14.” Wherein downloading reads on transmitting);
transmitting an output instruction message for instructing an output of an installation notification of the software to the home appliance by the management server (e.g. para [0067], “… the server 20 will send a code change request to the functional component 12 that needs to be updated. …”); and
YE does not appear to explicitly disclose
visually and/or audibly outputting the installation notification by a user interface of the home appliance at the home appliance in response to the output instruction message of the management server.
However, this is taught in analogous art, NAGAMITSU (e.g. para [0046], “… Further, when the second communication unit 38 receives the notification from the server 1 through the communication by the second communication method, the control unit 40 causes an output device such as the display device 14 or a speaker (not shown) to output content of the notification to present the notification to the user and the like.” Wherein the software update device is analogous to the home appliance, thus, NAGAMITSU’s teaching renders the claim feature obvious.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of YE with the invention of NAGAMITSU because it provides techniques for effectively communicating with a user device for timely improving the function of the user device such as an ECU which is analogous to a home appliance. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for effectively communicating with a user device for timely improving the function of the user device such as a ECU which is analogous to a home appliance as suggested by NAGAMITSU (see para [0003, 0013]).
With respect to claim 38 (Currently Amended), YE discloses A home appliance (e.g. Fig. 2, home appliance system 10), comprising:
a communication unit configured to communicate with a management server and to download software to be installed in a home appliance (e.g. Fig. 2, communicating module 16);
a controller configured to install the software (e.g. Fig. 6, processing module 220. Fig. 5, step S50, para [0046], “… and the step S50 can be implemented by the processing module 220. …”); and
YE does not appear to explicitly disclose
a user interface configured to visually and/or audibly output notification information in relation to installation of the software at the home appliance, wherein when the communication unit receives an output instruction message for instructing an output of an installation notification of the software from the management server, the user interface is configured to output the installation notification under control of the controller in response to the output instruction message of the management server.
However, this is taught in analogous art, NAGAMITSU (e.g. para [0046], “… Further, when the second communication unit 38 receives the notification from the server 1 through the communication by the second communication method, the control unit 40 causes an output device such as the display device 14 or a speaker (not shown) to output content of the notification to present the notification to the user and the like.” Wherein the software update device is analogous to the home appliance, thus, NAGAMITSU’s teaching renders the claim feature obvious.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of YE with the invention of NAGAMITSU because it provides techniques for effectively communicating with a user device for timely improving the function of the user device such as an ECU which is analogous to a home appliance. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for effectively communicating with a user device for timely improving the function of the user device such as a ECU which is analogous to a home appliance as suggested by NAGAMITSU (see para [0003, 0013]).
With respect to claim 46 (Currently Amended), YE discloses A management server (e.g. Fig. 2, server 20), comprising:
a server controller configured to generate an output instruction message for instructing the home appliance [to output an installation notification message of the software, thereby a user interface of the home appliance visually and/or audibly output an installation notification message at the home appliance in response to the output instruction message of the management server,] and to control the server communication unit to allow the server communication unit to transmit the output instruction message (e.g. Fig. 7, steps S110 and S120. para [0061], “if a software update is available, step S120, judging whether a code change request for the functional component 12 that needs to be updated is received from the server 20;”).
YE does not appear to explicitly disclose
a server communication unit configured to transmit software to be installed in a home appliance to the home appliance; and
(a server controller configured to generate an output instruction message for instructing the home appliance) to output an installation notification message of the software, thereby a user interface of the home appliance visually and/or audibly output an installation notification message at the home appliance in response to the output instruction message of the management server, (and to control the server communication unit to allow the server communication unit to transmit the output instruction message).
However, in analogous art, NAGAMITSU discloses
a server communication unit configured to transmit software to be installed in a home appliance to the home appliance (e.g. Fig. 4, communication unit 26. Para [0065], “In step S14, the first communication unit 26 generates a distribution package including update data for updating the software of the vehicle that has transmitted the download request, and transmits the generated distribution package to the software update device 11. …”); and
(a server controller configured to generate an output instruction message for instructing the home appliance) to output an installation notification message of the software, thereby a user interface of the home appliance visually and/or audibly output an installation notification message at the home appliance in response to the output instruction message of the management server, (…) (e.g. para [0046], “… Further, when the second communication unit 38 receives the notification from the server 1 through the communication by the second communication method, the control unit 40 causes an output device such as the display device 14 or a speaker (not shown) to output content of the notification to present the notification to the user and the like.” Wherein the software update device is analogous to the home appliance, thus, NAGAMITSU’s teaching renders the claim feature obvious.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of YE with the invention of NAGAMITSU because it provides techniques for effectively communicating with a user device for timely improving the function of the user device such as an ECU which is analogous to a home appliance. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for effectively communicating with a user device for timely improving the function of the user device such as a ECU which is analogous to a home appliance as suggested by NAGAMITSU (see para [0003, 0013]).
Claims 33, 40, and 47 are rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) as applied to claims 32, 38, and 46 respectively, in further view of Ansari et al. (US 20210218571 A1, hereinafter “Ansari”).
With respect to claim 33 (Currently Amended), YE as modified by NAGAMITSU discloses The method of claim 32, YE further discloses wherein the method further comprises downloading the software from the management server by the home appliance (e.g. Figs. 1-2, para [0039], “… step S20: downloading the available software update of the functional component 12 that needs to be updated to the memory 14, …”); and
[when the software is downloaded completely, transmitting a download completion message to the management server] and [[then]] receiving the output instruction message by the home appliance (e.g. para [0067], “… the server 20 will send a code change request to the functional component 12 that needs to be updated. …”). But does not appear to explicitly disclose when the software is downloaded completely, transmitting a download completion message to the management server …; However, this is taught in analogous art, Ansari (e.g. Para [0315], “… The gateway appliance also sends a message to the pub/sub server when it completes the download. …”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the invention of Ansari because it provides techniques for services management capability associated with use of digital home devices, and obviates the need for users to attend to the provisioning, management, configuration, and maintenance of the emerging home/business digital networks including the myriad of interconnected digital endpoint devices connected thereto. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for services management capability associated with use of digital home devices, and obviates the need for users to attend to the provisioning, management, configuration, and maintenance of the emerging home/business digital networks including the myriad of interconnected digital endpoint devices connected thereto as suggested by Ansari (see para [0078]).
With respect to claim 40 (Currently Amended), it recites similar features as claim 33, and is rejected for the same reason.
With respect to claim 47 (Currently Amended), it recites management server side processes interacting with the home appliance processes recited in claim 33, please refer to office action regarding claim 33, claim 47 is rejected for the same reason.
Claims 34 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) as applied to claims 32 and 46 respectively, in further view of SHIM et al. (US 20130167134 A1, hereinafter “SHIM”).
With respect to claim 34, YE as modified by NAGAMITSU discloses The method of claim 32, but does not appear to explicitly disclose wherein the method further comprises transmitting a download instruction message for instructing a download of the software to the home appliance by the management server before the transmitting of the software. However, this is taught in analogous art, SHIM (e.g. para [0119], “The update command may be a command which instructs only downloading, or a command which instructs both downloading and updating. …”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the invention of SHIM because it provides techniques for updating firmware by stably receiving the firmware using an area present in an inactive state updating firmware associated with home appliances
based on an OMA device management standard. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for updating firmware by stably
receiving the firmware using an area present in an inactive state updating firmware associated with home appliances based on an OMA device management standard as suggested by SHIM (see para [0007-0010]).
With respect to claim 48 (Currently Amended), it recites similar features as claim 34, and is rejected for the same reason.
Claims 35, 37, 42-43, 45, 49, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) as applied to claims 32, 38 and 46 respectively, in further view of Enomori et al. (US 20090235244 A1, hereinafter “Enomori”).
With respect to claim 35, YE as modified by NAGAMITSU discloses The method of claim 32, but does not appear to explicitly disclose wherein the method further comprises transmitting an installation instruction message for instructing installation of the software to the home appliance by the management server, after the transmission of the output instruction message. However, this is taught in analogous art, Enomori (e.g. Fig. 3, steps 1217 and 1218. para [0051], “In the user management server 2 received the latest software, the update process request containing the latest software acquired at the process 1216, the update contents, the control information, and the authentication item, are transmitted to the information appliance-A 13 resided in the user network 1, at processes 1217 and 1218. The information appliance-A 13 carries out the update processing by executing the received latest software. …” wherein “received the latest software” suggests “after transmission of the output instruction”.)
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to incorporate the invention of Enomori because it provides techniques for software update that simplifies the operation of the software processing for the information appliances and providing means for the user, for confirming updated contents of the software. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for software update that simplifies the operation of the software processing for the information appliances and providing means for the user, for confirming updated contents of the software as suggested by Enomori (see para [0006]).
With respect to claim 37, Enomori further discloses wherein the method further comprises installing the software after receiving the installation instruction message and transmitting the installation completion message to the management server as the software is installed completely by the home appliance (e.g. Fig. 3, steps 1217, 1218, 1219 and 1220. para [0051], “… The information appliance-A 13 carries out the update processing by executing the received latest software. The information appliance-A 13 transmits a software update completion notification to the user management server 2, when the update processing is completed, at processes 1219 and 1220.” For motivation to combine, please refer to office action regarding claim 35 above.)
With respect to claim 42 (Currently Amended), it recites similar features as claim 35, and is rejected for the same reason.
With respect to claim 43 (Currently Amended), it recites similar features as claim 37, and is rejected for the same reason.
With respect to claim 45 (Currently Amended), Enomori further discloses wherein the user interface,
an output interface comprising any one or more of an LED segment, an LCD display, a buzzer and a speaker that are attached to the home appliance and configured to perform a visual and/or acoustic notification (e.g. Fig. 5, wherein the screen display unit reads on an LED segment or an LCD display); and
an input interface comprising any one or more of a button, a touch of a touch screen, a dial, and a slide bar to instruct an operation of the home appliance (e.g. Fig. 5, OK button. Para [0084], “Next, an OK button on the update pop-up screen 114 is depressed to display an authentication key input screen 115, …” For motivation to combine, please refer to office action regarding claim 35 above.)
With respect to claim 49 (Currently Amended), it recites similar features as claim 35, and is rejected for the same reason.
With respect to claim 50 (Currently Amended), YE further discloses wherein the server communication unit is configured to transmit an upgrade ready message to a user terminal in link with the home appliance (e.g. Fig. 7, step S120. Para [0061], “if a software update is available, step S120, judging whether a code change request for the functional component 12 that needs to be updated is received from the server 20; …” also see para [0062]); Enomori further discloses (…) and is configured to transmit the installation instruction message to the home appliance, based on the upgrade request message. (e.g. Fig. 3, step 1214, and steps 1217-1218. Para [0049], “… The user enters an authentication key necessary for the update, and the user terminal 11 replies a software update approval notification (software update permission notification) containing the authentication key to the user management server 2, at processes 1213 and 1214, when the software update is approved.” Also see para [0051] as cited above. For motivation to combine, please refer to office action regarding claim 35 above);
Claims 36, 44, and 51 are rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) and Enomori et al. (US 20090235244 A1, hereinafter “Enomori”) as applied to claims 35, 42, and 49 respectively, in further view of Ansari et al. (US 20210218571 A1, hereinafter “Ansari”).
With respect to claim 36 (Currently Amended), YE as modified by NAGAMITSU and Enomori discloses The method of claim 35, YE further discloses transmitting an upgrade ready message of the software to a user terminal in link with the home appliance by the management server (e.g. Fig. 7, step S120. Para [0061], “if a software update is available, step S120, judging whether a code change request for the functional component 12 that needs to be updated is received from the server 20; …” also see para [0062]); Enomori further discloses receiving an upgrade request message for requesting installation of the software from the user terminal by the management server (e.g. Fig. 3, step 1214. Para [0049], “… The user enters an authentication key necessary for the update, and the user terminal 11 replies a software update approval notification (software update permission notification) containing the authentication key to the user management server 2, at processes 1213 and 1214, when the software update is approved.” For motivation to combine, please refer to office action regarding claim 32 above); but does not appear to explicitly disclose further comprising;
outputting first notification information and [[then]] transmitting an output completion message of the first notification information to the management server by the home appliance before the management server transmits the installation instruction message; (…) However, this is taught in analogous art, Ansari (e.g. Fig. 13B. para [0315], “… The pub/sub server then notifies the identified gateway appliances via the message router or like functionality of the available updates as shown at step 1016. At 1018, the gateway appliance downloads the updates from the parental control service manager, ... The gateway appliance also sends a message to the pub/sub server when it completes the download. ….” For motivation to combine, please refer to office action regarding claim 33 above.)
With respect to claim 44 (Currently Amended), YE as modified by NAGAMITSU and Enomori discloses The method of claim 42, but does not appear to explicitly disclose wherein before the communication unit receives the installation instruction message, the user interface outputs first notification information, and then the communication unit transmits an output completion message of the first notification information to the management server. However, this is taught in analogous art, Ansari (e.g. Fig. 13B. para [0315], “… The pub/sub server then notifies the identified gateway appliances via the message router or like functionality of the available updates as shown at step 1016. At 1018, the gateway appliance downloads the updates from the parental control service manager, ... The gateway appliance also sends a message to the pub/sub server when it completes the download. ….” For motivation to combine, please refer to office action regarding claim 33 above.)
With respect to claim 51 (Currently Amended), it recites similar features as claim 36, and is rejected for the same reason.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) as applied to claim 38, in further view of Enomori et al. (US 20090235244 A1, hereinafter “Enomori”) and SON et al. (US 20080163227 A1, hereinafter “SON”).
With respect to claim 39 (Currently Amended), YE as modified by NAGAMITSU discloses The method of claim 38, but does not appear to explicitly disclose wherein the controller is configured to control the user interface based on a notification schedule, and the user interface is configured to repeatedly
However, in analogous art, Enomori discloses the user interface is configured to repeatedly (e.g. Fig. 5, wherein display screen 11 is configured to repeatedly output the installation notification).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to incorporate the invention of Enomori because it provides techniques for software update that simplifies the operation of the software processing for the information appliances and providing means for the user, for confirming updated contents of the software. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for software update that simplifies the operation of the software processing for the information appliances and providing means for the user, for confirming updated contents of the software as suggested by Enomori (see para [0006]).
YE as modified by NAGAMITSU and Enomori does not appear to explicitly disclose wherein the controller is configured to control the user interface based on a notification schedule, and (the user interface is configured to repeatedly
However, this is taught in analogous art, SON (e.g. para [0009], “…, the server including: a server interface unit to notify the clients of an update plan; a scheduling unit to generate an update schedule for each client transmitting a request for time assignment when the request for time assignment is received from each client; and a control unit to support an update for each client according to the update schedule.” The combination of SON and Enomori renders the claim feature obvious.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the invention of SON because it provides techniques for assigning and scheduling an update time to minimize overload of the server and to enable proper update for all clients. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for assigning and scheduling an update time to minimize overload of the server and to enable proper update for all clients as suggested by SON (see para [0008-0009]).
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over YE et al. (US 20210263724 A1, hereinafter “YE”) in view of NAGAMITSU et al. (US 20220021750 A1, hereinafter “NAGAMITSU”) as applied to claim 38, in further view of SHIM et al. (US 20130167134 A1, hereinafter “SHIM”) and Ren et al. (US 20220188093 A1, hereinafter “Ren”).
With respect to claim 41 (Currently Amended), YE as modified by NAGAMITSU discloses The method of claim 38, but does not appear to explicitly disclose wherein the communication unit receives a download instruction message for instruction a download of the software from the management sever, and
the user interface outputs a download state of the software to the user interface under control of the controller.
However, in analogous art, SHIM discloses wherein the communication unit receives a download instruction message for instruction a download of the software from the management sever (e.g. para [0119], “The update command may be a command which instructs only downloading, or a command which instructs both downloading and updating. …”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the invention of SHIM because it provides techniques for updating firmware by stably receiving the firmware using an area present in an inactive state updating firmware associated with home appliances
based on an OMA device management standard. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for updating firmware by stably
receiving the firmware using an area present in an inactive state updating firmware associated with home appliances based on an OMA device management standard as suggested by SHIM (see para [0007-0010]).
YE as modified by NAGAMITSU and SHIM does not appear to explicitly disclose
the user interface outputs a download state of the software to the user interface under control of the controller. However, this is taught in analogous art, Ren (e.g. para [0059], “… The user interface 22 may be used to present a download progress of the patch to the user. The user interface 23 may be used to present an installation process of the new version to the user.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the invention of Ren because it provides techniques for displaying software update status so that a user understands a software update process. A person having ordinary skill in the art would have been motivated to make this combination, with a reasonable expectation of success, for the purpose of providing techniques for displaying software update status so that a user understands a software update process as suggested by Ren (see para [0059]).
Response to Arguments
Applicant's arguments regarding art rejections filed on 8/11/2026 have been fully considered and are moot upon new grounds of rejections made in the office action above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zengpu Wei whose telephone number is 571-270-1302. The examiner can normally be reached on Monday to Friday from 8:00AM to 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets, can be reached on 571-272-3338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZENGPU WEI/
Examiner, Art Unit 2197
Prosecution Insights