DETAILED ACTION
Claims 1-20 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Notes
Examiner has cited particular columns and line numbers, paragraph numbers, or figures 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 from the applicant, in preparing the responses, to fully consider the references in 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.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1, 3-5, 7-9, 11, 13 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jianu et al. (US-PGPUB-NO: 2015/0193215 A1) hereafter Jianu.
As per claim 1, Jianu teaches a method for installation of software, the method comprising: downloading, at a target device, a software image over a network from an install source, the target device comprising first installer code, and the software image comprising second installer code and software program files for a software program to be installed (see Jianu paragraph [0042], “Applications in the inventory of available applications can be provided by different software publishers (e.g., Google, Mozilla). The applications that are added to the set of selected applications 212 can be installed by different installation frameworks (e.g., InstallShield, Microsoft Installer, NullSoft). In one embodiment, an application installer (or "installer") contains both the application and its installation framework. In another embodiment, the installer is embodied in one or more files where the files can be located on the same or different servers. Alternatively, the installer contains the installation framework but has the capability of locating and downloading a representation of the application from one or more locations”); installing the software program on the target device from the software image (see Jianu paragraph [0043], “An installation framework can establish an application on the target system by installing the application in stages”), wherein installing the software program on the target device comprises: extracting, by the first installer code, the second installer code from the software image (see Jianu paragraph [0043], “Later stages can allocate any resources on the target system that the application may need to properly function (e.g., space on a file system, logical devices, registry values, ports, and any other suitable resource) and extract application components from the installer”) while the software image is downloading from the install source (see Jianu paragraph [0068], “The user interface 1000 shows the status of applications being downloaded and installed on the target system 206. A download status bar 1002 shows the progress of downloading all required installers. A installer status bar 1004 shows the progress of installing all applications on the target system. All selected applications are listed in region 1006 along with their current status (e.g., installed or downloading)”); executing, by the first installer code, the second installer code (see Jianu paragraph [0044], “A manifest 212 describes the selected applications (i.e., A.sub.1 and A.sub.2). Each application referred to in the manifest 212 has an associated installer (214, 216) which in one embodiment is located on a server (202, 204) that is accessible to the target system 206”); and processing the software image using the second installer code (see Jianu paragraph [0044], “An installer is responsible for installing its associated application on the target system 206. In this illustration, the installer I.sub.1 216 for application A.sub.1 is located on server 204. The installer I.sub.2 214 for application A.sub.2 is located on server 202”).
As per claim 3, Jianu teaches wherein the software image comprises a signature of the second installer code and wherein the method further comprises: validating the signature of the second installer code prior to executing the second installer code at the target device (see Jianu paragraph [0056], “The install manager 408 can also utilize a security manager component 410 to verify the integrity of the installers. In one embodiment, the security manager component 410 determines if an installer is genuine (i.e., has not been tampered with). For example, an installer can be digitally signed. A digital signature is information that is encrypted with a private key and included with the installer to ensure the integrity and authenticity of the installer. If the security manager component 410 determines that an installer is not authentic, the install manager 408 will not invoke the installer. In this way, the install manager 408 prevents malicious code from being executed by the target system 206”).
As per claim 4, Jianu teaches wherein the second installer code is extracted and executed prior to the target device receiving the entire software image (see Jianu paragraph [0068], “FIG. 10 is an example target system user interface. User interface 1000 can be presented to the user in web browser 310. The user interface 1000 shows the status of applications being downloaded and installed on the target system 206. A download status bar 1002 shows the progress of downloading all required installers. A installer status bar 1004 shows the progress of installing all applications on the target system”).
As per claim 5, Jianu teaches wherein the software image comprises third installer code, metadata for the second installer code, and metadata for the third installer code (see Jianu paragraph [0044], “A manifest 212 describes the selected applications (i.e., A.sub.1 and A.sub.2). Each application referred to in the manifest 212 has an associated installer (214, 216) which in one embodiment is located on a server (202, 204) that is accessible to the target system 206”), and wherein the method comprises: selecting, by the first installer code, the second installer code for extraction and execution, wherein the first installer code selects the second installer code using the metadata for the second installer code (see Jianu paragraph [0033], “In period (1), the set of selected applications is empty and no applications are installed on the target system. An application A.sub.1 in an inventory of available applications is added by a user to the set of selected applications in period (2). This prompts the target system to obtain an installer I.sub.1 for A.sub.1 and use I.sub.1 to install A.sub.1 on the target system (denoted as I.sub.1.fwdarw.A.sub.1). The resulting state of the target system now shows the presence of application A.sub.1. In period (3), two applications (A.sub.2, A.sub.3) from the inventory of available applications are added by a user to the set of selected applications. The target system obtains and invokes the installers for A.sub.2 (I.sub.2.rarw.A.sub.2) and A.sub.3 (I.sub.3.fwdarw.A.sub.3). As a result, the target system has A.sub.1, A.sub.2 and A.sub.3 installed”).
As per claim 7, Jianu teaches wherein installing the software program on the target device from the software image further comprises: selecting, by the second installer code, the third installer code for extraction, wherein the second installer code selects the third installer code for extraction using the metadata of the third installer code (see Jianu paragraph [0046], “Once the user has selected the applications for installation on the target system, the user is presented with a single end-user license agreement (EULA) encompassing all of the selected applications. The user can interactively accept or reject the EULA. If the user accepts the EULA, a new manifest 212 is generated representing the selected applications. The manifest 212 is then provided to the target system 206. The target system 206 obtains the installers from the locations specified in the manifest (if they have not already been obtained) and uses the installers to install each application referred to in the manifest (i.e., A.sub.1 and A.sub.2). A target system 206 user interface 210 can be used to show the status of the installations as they progress (see FIG. 10)”); extracting, by the second installer code, the third installer code from the software image (see Jianu paragraph [0054], “The install stub is executed on the target system 206. It extracts the CIR module, installs the CIR 312 on the target system 206, and then invokes the CIR 312 passing the manifest or manifest handle as a command line argument”); executing, by the second installer code, the third installer code (see Jianu paragraph [0057], “If an installer is genuine, the install manager 408 invokes the installer so that the installer installs its associated applications in silent mode”); and processing the software image using the third installer code (see Jianu paragraph [0057], “If x is five, then five installers will be downloaded before they are invoked to install their associated applications. If x is one, this gives the user access to installed programs sooner than having to wait for other installers to be downloaded first and can reduce any side-effects of running different installers at the same time”).
As per claim 8, Jianu teaches further comprising selectively processing or discarding the software program files by the second installer code (see Jianu paragraph [0043], “Installation frameworks can also create an uninstaller based on the installation. When invoked, the uninstaller will safely remove an application from the target system and free any resources the installer had allocated for it”).
As per claim 9, Jianu teaches the software image is a compressed file (see Jianu paragraph [0054], “An install stub can be compressed and/or digitally signed”) comprising: a first portion compatible with the first installer code, the first portion including the second installer code; a second portion compatible with the second installer code, the second portion including a first of the software program files of the software program to be installed; and a third portion comprising a second of the software program files of the software program to be installed, wherein the second installer code is executable to install the first of the software program files and discard the second of the software program files (see Jianu paragraph [0054], “The install stub installs the CIR 312 on the target system 206 and then activates the CIR 312 so that the installation of applications on the target system 206 can commence. The install stub includes an embedded CIR module and a manifest file or a manifest handle that identifies a specific manifest on the server 202. The install stub is executed on the target system 206. It extracts the CIR module, installs the CIR 312 on the target system 206, and then invokes the CIR 312 passing the manifest or manifest handle as a command line argument. If a manifest handle is passed to the CIR 312, the CIR 312 can download the corresponding manifest from the server 202. In one embodiment, the install stub can include the installers referenced by the manifest. In this embodiment, the CIR does not need to download the installers”).
As per claim 11, Jianu teaches a network device comprising: a processor; a nonvolatile memory; and instructions stored on the nonvolatile memory and translatable by the processor for: downloading a software image over a network from an install source; while the software image is downloading: identifying new installer code for execution from the software image (see Jianu paragraph [0052], “An auto update service 306 allows the CIR 312 to update itself when a new version of the CIR 306 becomes available. The auto update service 306 can push notification messages to the CIR 312 to alert the CIR 312 that a new version is available. Alternatively, the CIR 312 can query the auto update service 306 to learn of updates. In one embodiment, the CIR 312 can download a new version of itself from the auto update service 306 using the download manager 406 or other suitable means”); extracting and executing the new installer code from the software image to instantiate a new installer (see Jianu paragraph [0054], “It extracts the CIR module, installs the CIR 312 on the target system 206, and then invokes the CIR 312 passing the manifest or manifest handle as a command line argument”); and streaming software image data to the new installer for processing (see Jianu paragraph [0055], “For example, the download manager 406 can be implemented using WinInet or Background Intelligent Transfer Service (BITS), both available from Microsoft Corporation of Redmond, Wash”).
As per claim 13, Jianu teaches wherein the software image comprises a signature of the new installer code and wherein the instructions are further translatable by the processor for: validating the signature of the new installer code prior to executing the new installer code at the network device (see Jianu paragraph [0056], “The install manager 408 can also utilize a security manager component 410 to verify the integrity of the installers. In one embodiment, the security manager component 410 determines if an installer is genuine (i.e., has not been tampered with). For example, an installer can be digitally signed. A digital signature is information that is encrypted with a private key and included with the installer to ensure the integrity and authenticity of the installer. If the security manager component 410 determines that an installer is not authentic, the install manager 408 will not invoke the installer. In this way, the install manager 408 prevents malicious code from being executed by the target system 206”).
As per claim 14, Jianu teaches wherein the instructions are further translatable by the processor for: reading metadata for the new installer code from the software image (see Jianu paragraph [0044], “A manifest 212 describes the selected applications (i.e., A.sub.1 and A.sub.2). Each application referred to in the manifest 212 has an associated installer (214, 216) which in one embodiment is located on a server (202, 204) that is accessible to the target system 206”); and selecting the new installer code for extraction and execution using the metadata for the new installer code (see Jianu paragraph [0033], “In period (1), the set of selected applications is empty and no applications are installed on the target system. An application A.sub.1 in an inventory of available applications is added by a user to the set of selected applications in period (2). This prompts the target system to obtain an installer I.sub.1 for A.sub.1 and use I.sub.1 to install A.sub.1 on the target system (denoted as I.sub.1.fwdarw.A.sub.1). The resulting state of the target system now shows the presence of application A.sub.1. In period (3), two applications (A.sub.2, A.sub.3) from the inventory of available applications are added by a user to the set of selected applications. The target system obtains and invokes the installers for A.sub.2 (I.sub.2.rarw.A.sub.2) and A.sub.3 (I.sub.3.fwdarw.A.sub.3). As a result, the target system has A.sub.1, A.sub.2 and A.sub.3 installed”).
As per claim 19, this is the computer program product claim, to network device claim 11. Therefore, it is rejected for the same reasons as above.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 2, 6, 10, 12, 15, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jianu (US-PGPUB-NO: 2015/0193215 A1), in further view of Enomoto et al. (US-PGPUB-NO: 2013/0132528 A1) hereinafter Enomoto.
As per claim 2, Jianu does not explicitly teach wherein the target device comprises a buffer, wherein the target device receives the software image as a stream, and wherein the method further comprises: buffering first streaming data in the buffer as buffered data, the first streaming data representing a first portion of the software image; passing, by the first installer code, the buffered data to the second installer code; and passing, by the first installer code, a second portion of the software image to the second installer code. However, Enomoto teaches wherein the target device comprises a buffer (see Enomoto paragraph [0051], “Protected application storage area 13 stores an application execution file received from installer 16. When the application is executed, files stored in protected application storage area 13 are passed to memory of user terminal 10”), wherein the target device receives the software image as a stream, and wherein the method further comprises: buffering first streaming data in the buffer as buffered data, the first streaming data representing a first portion of the software image (see Enomoto paragraph [0053], “Protected data storage area 14 stores a file received from application 17. When requested by application 17, a file stored in protected data storage area 14 is passed to application 17”); passing, by the first installer code, the buffered data to the second installer code; and passing, by the first installer code, a second portion of the software image to the second installer code (see Enomoto paragraph [0053], “Only a root-privileged user, an application that has created a file, or an application signed with the same code signing certificate as the application that has created the file access protected data storage area 14 so as to store and read a file in and from protected data storage area 14. Thus, when user terminal 10 is a terminal provided with Android OS, only an authorized person of the manufacture of user terminal 10 or application 17 can store and read a the in and from protected data storage area 14”).
Jianu and Enomoto are analogous art because they are in the same field of endeavor of software development. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jianu’s teaching of detecting selection of one or more applications and creating a manifest for the one or more application with references to an installer with Enomoto’s teaching of certificate data contained in an execution file in order to install an application to incorporate usage of temporary protected storage area as a buffer to better manage software install and make sure the software contains certificate data required to update/install an application onto a device.
As per claim 6, Jianu modified with Enomoto teaches wherein the second installer code is associated with a first device architecture and the third installer code is associated with a second device architecture (see Enomoto paragraph [0129], “The present invention can be applied to a portable information terminal (PDA: Portable Data Assistant), a portable telephone terminal (smartphone), and so forth that are provided with an OS that can manage access rights of individual users”).
As per claim 10, Jianu modified with Enomoto teaches wherein the software image is an operating system (OS) image file comprising a multi-architecture OS image (see Enomoto paragraph [0129], “The present invention can be applied to a portable information terminal (PDA: Portable Data Assistant), a portable telephone terminal (smartphone), and so forth that are provided with an OS that can manage access rights of individual users”).
As per claim 12, Jianu modified with Enomoto teaches wherein the instructions are further translatable by the processor for: buffering first streaming data in the buffer as buffered data, the first streaming data representing a first portion of the software image (see Enomoto paragraph [0053], “Protected data storage area 14 stores a file received from application 17. When requested by application 17, a file stored in protected data storage area 14 is passed to application 17”); passing the buffered data to the new installer; and passing a second portion of the software image to the new installer (see Enomoto paragraph [0053], “Only a root-privileged user, an application that has created a file, or an application signed with the same code signing certificate as the application that has created the file access protected data storage area 14 so as to store and read a file in and from protected data storage area 14. Thus, when user terminal 10 is a terminal provided with Android OS, only an authorized person of the manufacture of user terminal 10 or application 17 can store and read a the in and from protected data storage area 14”).
As per claim 15, Jianu modified with Enomoto teaches wherein the new installer code is associated with a processor architecture of the network device (see Enomoto paragraph [0129], “The present invention can be applied to a portable information terminal (PDA: Portable Data Assistant), a portable telephone terminal (smartphone), and so forth that are provided with an OS that can manage access rights of individual users”).
As per claim 18, Jianu modified with Enomoto teaches wherein the software image is an operating system (OS) image file comprising a multi-architecture OS image (see Enomoto paragraph [0129], “The present invention can be applied to a portable information terminal (PDA: Portable Data Assistant), a portable telephone terminal (smartphone), and so forth that are provided with an OS that can manage access rights of individual users”).
As per claim 20, this is the computer program product claim to network device claim 12. Therefore, it is rejected for the same reasons as above.
Claim(s) 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jianu (US-PGPUB-NO: 2015/0193215 A1) and Enomoto (US-PGPUB-NO: 2013/0132528 A1), in further view of Gainey et al. (US-PGPUB-NO: 2018/0081736 A1) hereinafter Gainey.
As per claim 16, Jianu modified with Enomoto do not explicitly teach wherein the instructions are further translatable by the processor for ignoring or discarding installer code associated with a different processor architecture (see Gainey paragraph [0038], “In another embodiment, the second architectural mode may offer functions or facilities different from a first architecture, but specific architectural capabilities may be provided in the first architectural mode and not be provided in the second architectural mode. In one exemplary embodiment, DAT translation is provided in the first architecture, and not provided (in the form defined by the first architecture, or any other form, e.g., as may have been provided in accordance with one or more of an ESA/390, S/390, S/370, S/360, Power PC, Power PC in accordance with Book 3E, Intel/AMD x86, Itanium or any other architectural specification corresponding to a DAT or DAT-like facility) in a second architecture”).
Jianu, Enomoto and Gainey are analogous art because they are in the same field of endeavor of software development. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jianu’s teaching of detecting selection of one or more applications and creating a manifest for the one or more application with references to an installer and Enomoto’s teaching of certificate data contained in an execution file in order to install an application with Gainey’s teaching of managing processing associated with selected architecture facilities to incorporate having different architectural modes with different functionalities for better versatilities between the different processors and platforms used.
As per claim 17, Jianu modified with Enomoto and Gainey teaches wherein the software image is partially compatible with the instructions on the network device (see Gainey paragraph [0038], “In another embodiment, the second architectural mode may offer functions or facilities different from a first architecture, but specific architectural capabilities may be provided in the first architectural mode and not be provided in the second architectural mode. In one exemplary embodiment, DAT translation is provided in the first architecture, and not provided (in the form defined by the first architecture, or any other form, e.g., as may have been provided in accordance with one or more of an ESA/390, S/390, S/370, S/360, Power PC, Power PC in accordance with Book 3E, Intel/AMD x86, Itanium or any other architectural specification corresponding to a DAT or DAT-like facility) in a second architecture”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sakae et al. (US-PGPUB-NO: 2022/0366035 A1) teaches execution control system.
Trossen (US-PGPUB-NO: 2021/0081186 A1) teaches device-initiated service deployment through mobile application packaging.
Fukuda Kelley et al. (US-PGPUB-NO: 2013/0165180 A1) teaches integrating operations of consumer electronic device.
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/LENIN PAULINO/Examiner, Art Unit 2197
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