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 .
This action is in response to the action filed on 08/08/2024.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2024 and 03/19/2026 was filed after the mailing is in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner.
Examiner’s Note
Examiner cites particular paragraphs, figures, and line number 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. As a disclaimer, the use of underlining in direct quotes is done by the examiner for emphasis. Direct quotes are not originally underlined in the published references cited.
Claim Objections
Claims 1-8 and 14-17 are objected to because of the following informalities:
Claim 1, line 3, "the access point" lacks proper antecedent basis.
Claims 2, 3 and 4 are dependent on Claim 1, therefore are objected to on the basis of claim dependency.
Claims 5, 6, 7, and 8, "the access point" lacks proper antecedent basis.
Claim 5, before “at least one” in in line 3 and before “another” in line 4, --the-- should be inserted, respectively.
Claim 14, "the access point" lacks proper antecedent basis. Further, before “at least one” and “another” in line 4, --the-- should be inserted, respectively.
Claims 15-17, "the access point" lacks proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dubal et al. (U.S. Publication No. 2016/0188313 A1, hereinafter Dubal).
Regarding Claim 1:
Dubal discloses,
“A firmware upgrade apparatus comprising: access points” (In paragraph [0014], “Referring now to FIG. 1, an illustrative embodiment of system 100 for updating firmware of network interface controllers (NICs) of computer nodes includes a server node 114 communicatively coupled to a plurality of computer nodes (104-110) via a network 112”. In paragraph [0016], “In the illustrative embodiment of FIG. 1, each computer node 104 includes processor 120, I/O subsystem 122, memory 124, data storage 126, communication circuitry 132, and one or more peripheral devices 128. Of course, computer node 104 may include other or additional components, such as those commonly found in a digital apparatus and/or computer (e.g., various input/output devices), in other embodiments”.
Where the access points are included in the NIC firmware, as stated in paragraph [0027], “Referring now to FIG. 2, in use, the NIC 130 of each computing node 104-110 establishes an environment 200. In the illustrative embodiment, the environment 200 includes a controller module 210, which accesses and executes firmware accessed from server node 114 via access redirection agent module 206”.
Note that the server node may also include multiple access points through a system of multiple server nodes as stated in paragraph [0020], “Although only one such server node 114 is shown in FIG. 1, it should be appreciated that, in other embodiments, the system 100 may include any number of server nodes”.);
“a relay configured to upload firmware data to the access point” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112 via the server node 114 acting as a master NVM server … The access redirection agent module 206 may also be integrated in a computer node's BIOS to allow automatic and/or manual updating of firmware”.);
(Examiner’s Note: The claimed ‘relay’ is mapped to Dubal’s network switch 170, is used through network 112 for communication between the computer node 104 and server node 114 as shown in Figure 1. When network 112 is mentioned in Dubal, the examiner will assume the network switch 170 is coupled to the network 112 because of paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112 that may be operatively coupled to one or more network switches 170”.
Additionally note that Dubal specifies the acronym, “non-volatile memory (NVM)” in paragraph [0003].);
“a node configured to upload the firmware data to the relay” (In paragraph [0032], “the NIC 130 of each computer node 104-110 may execute a method 400 for accessing and/or updating a NVM firmware image by server node 114 … by request of the firmware management module 302, the controller module 210 transmits or acknowledges the current NVM image being accessed by the NIC 130”. In paragraph [0031], “the communication module 314 is configured to communicate with computer nodes 104-110, and may also communicate with other remote servers and/or databases. The communication module 314 is coupled to a firmware management module 302 which is configured to access, receive, manage and/or process firmware images (306-312)”. In paragraph [0033], “the firmware management module 302 of the server node 114 may execute a method 500 for providing access to NVM firmware images. At the start of the illustrative process, the server 114 may receive incoming NVM images in block 502 that may be manually installed or pushed to the server 114 from a network source … the firmware management module 302 loads the updated NVM firmware image for writing and access for computer node NICs”. In paragraph [0029], “NIC 130 to become a firmware “boot” for loading the latest NVM firmware image for NIC 130”.)
“and an over-the-air (OTA) access point configured to upload the firmware data to the node” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112”. In paragraph [0023], “the network 112 may represent a wired and/or wireless network”. Note in Figure 1, where the wireless network has access points shown by the connecting arrows pointing to the compute node 104 and the server node 114.
The server node provides an access point specifically pertaining to firmware updates. Additionally in paragraph [0023], “the communication circuitry 132 of the computer node 104 and the communication circuitry 162 of server node 114 may be configured to use any one or more, or combination, of communication protocols to communicate with each other such as, for example … a wireless network communication protocol (e.g., Wi-Fi®, WiMAX)”, where in paragraph [0014], “the server node 114 is configured to provide and/or update the firmware of a NIC of each computer node 104-110”.).
Regarding Claim 2:
Dubal discloses,
“wherein the OTA access point includes: a communication module” (In paragraph [0030], “Referring now to FIG. 3, in use, the sever node 114 may establish an environment 300. The illustrative environment 300 includes a firmware manager module 302, a database 304, and a communication module 306”.);
“a database unit configured to store the firmware data” (In paragraph [0031], “The communication module 314 is coupled to a firmware management module 302 which is configured to access, receive, manage and/or process firmware images (306-312) and related data received via the communication module 314 and/or stored in the database 304”.);
“and an OTA processor configured to read the firmware data from the database unit and transmit the read firmware data to the node through the communication module” (In paragraph [0030], “Referring now to FIG. 3, in use, the sever node 114 may establish an environment 300 … various modules, logic, and other components of the environment 300 may form a portion of, or otherwise be established by, the processor 150 or other hardware components of the server node 114”. Note in Figure 1, the server 114 is connected to the network 112, which may be configured wirelessly as stated in paragraph [0023], “the network 112 may represent a wired and/or wireless network”. In paragraph [0031], “The communication module 314 is coupled to a firmware management module 302 … The firmware management module 302 may be equipped with its own memory to store and provide access to current firmware images retrieved from database 304. In certain embodiments, database 304 stores at least one, but preferably a plurality of firmware images 306-312 for reading/writing to NICs associated with each suitable computer node”.)
Regarding Claim 3:
Dubal discloses,
“wherein the OTA access point is at least one of the access points” (In paragraph [0023], “the communication circuitry 132 of the computer node 104 and the communication circuitry 162 of server node 114 may be configured to use any one or more, or combination, of communication protocols to communicate with each other such as, for example … a wireless network communication protocol (e.g., Wi-Fi®, WiMAX)”, where in paragraph [0024], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”.)
Regarding Claim 4:
Dubal discloses,
“wherein, when entering an OTA mode” (In paragraph [0023], “the network 112 may represent a wired and/or wireless network”.);
“the node is reset to be newly connected to the OTA access point” (In paragraph [0032], “Depending on the nature of the update, the NIC 130 may reboot in block 416 and revert back to block 406 to access the updated NVM image”.);
“and communicates with the OTA access point at a preset communication speed” (In paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput”.).
Regarding Claim 6:
Dubal discloses,
“wherein, after the firmware data is uploaded to all of the access point, the relay, and the node, each of the access point, the relay, and the node updates the firmware data” (In paragraph [0033], “If an updated NVM firmware image is available (“YES”), the firmware management module 302 loads the updated NVM firmware image for writing and access for computer node NICs in block 514 to update each respective firmware. Once updated, the firmware management module 302 continues to receive further NVM images in block 508, and may perform further updates as discussed in connection with blocks 510-514”. As pictured in Figure 1, the network switch 170 of network 112 transmits and receives data, such as the uploading and updating of firmware data between the computer node 104 and server node 114. The transmission and retrieval of data occurring during uploads and updates is done through the network, which is also supported by the Abstract, “Communications are provided in the NIC for communicating data to and from a network”, where in paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112 that may be operatively coupled to one or more network switches 170”.).
Regarding Claim 7:
Dubal discloses,
“wherein the access point transmits an update instruction to the relay, and the relay transmits the update instruction to another relay or the node to update the firmware data” (In paragraph [0019], “NIC 130 may access operational firmware instructions from server node 114 after boot up. Under such a configuration, NIC memory 132 is not required. In an alternate embodiment, NIC memory 132 may be configured as a volatile memory (e.g., random access memory) for temporarily storing data and/or firmware update instructions”. In paragraph [0024], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”. In paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112 that may be operatively coupled to one or more network switches 170”. In paragraph [0034], “server-side components may be resident in the system to provide efficient NVM firmware image communication and updating”.).
Regarding Claim 8:
Dubal discloses,
“wherein the access point updates the firmware data when a preset waiting time has elapsed after the update instruction is transmitted to the relay” (The access point for updates sent from the server node depends on the preset waiting time occurring in the NIC in order to update the firmware data on the computer node. In paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput. Each serial link operates at 3.125 Gb/s to accommodate both data and the overhead associated with 8B/10B coding … The controller module 210 may be coupled to memory 132 to access firmware, wherein memory 132 may comprise a combination of persistent memory and program code and data stored in it”. The server node depends on the NIC because the server node uploads a copied image of the NIC firmware data to select an appropriate update version, which is then sent back to the NIC. Each occasion that the NIC communicates, the communication depends on a preset time from the clock set within the NIC by controller module 210, thus the update received from the network for the NIC also depends on the preset time. In paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112”. In paragraph [0024], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”, where in paragraph [0032], “the NIC 130 of each computer node 104-110 may execute a method 400 for accessing and/or updating a NVM firmware image by server node 114”.);
“the relay updates the firmware data when a preset waiting time has elapsed after the update instruction is transmitted to another relay or the node, and the node updates the firmware data when a preset waiting time has elapsed after the update instruction is received” (As shown in Figure 1, the NIC firmware 130 updates according to the NVM image (shown as part of server node 114 in Figure 3) sent over the network 112. The waiting time occurs within the NIC firmware 130, occurring from the controller module 210 contained within the NIC firmware 130 as shown in Figure 2. The controller module 210 depends on the preset waiting time from a protocol using set clock timing, as discussed in paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links”. The update may occur once the NVM image is received. In paragraph [0032], “If, in block 410, the firmware management module 302 determines that an updated NVM image is available (“YES”), firmware management module 302 writes the updated NVM image in block 412 so that the updated NVM image may be accessed by NIC 130, resulting in updated firmware in block 414”.).
Regarding Claim 9:
Dubal discloses,
“A firmware upgrade apparatus comprising: a communication module” (In paragraph [0027], “Referring now to FIG. 2, in use, the NIC 130 of each computing node 104-110 establishes an environment 200 … The environment 200 also includes a first communication interface module 216 and second communication module 218”);
“a database unit configured to store firmware data” (In paragraph [0031], “the communication module 314 is configured to communicate with computer nodes 104-110 … The communication module 314 is coupled to a firmware management module 302 which is configured to access, receive, manage and/or process firmware images (306-312) and related data received via the communication module 314 and/or stored in the database 304”. Where the firmware data in the database 304 within server node 114 originates from NIC data within the computer node 104; in paragraph [0028], “The controller module 210 may be coupled to memory 132 to access firmware, wherein memory 132 may comprise a combination of persistent memory and program code and data stored in it”.);
“and an over-the-air (OTA) processor configured to read the firmware data from the database unit and transmit the read firmware data to a node through the communication module” (In paragraph [0019], “In the illustrative embodiment of FIG. 1, the NIC 130 may include a NIC memory 132 and a NIC processor 134 for storing, updating and/or executing firmware and related operational instructions. However, in illustrative embodiments discussed in greater detail below, the NIC 130 may access operational firmware instructions from server node 114 after boot up”. Note in Figure 1, the NIC processor 134 within the computer node 104 is connected to the network 112, which may be configured wirelessly as stated in paragraph [0023], “the network 112 may represent a wired and/or wireless network”. In paragraph [0027], “Referring now to FIG. 2, in use, the NIC 130 of each computing node 104-110 establishes an environment 200 … The environment 200 also includes a first communication interface module 216 and second communication module 218, which are respectively coupled to a transmit (T.sub.X) module 212 and a receive (R.sub.X) module 214 as shown. The first communication interface 216 and the second communication interface 218 enable communications between the NIC 130 of computer node 104”. In paragraph [0031], “the communication module 314 is configured to communicate with computer nodes 104-110 … The communication module 314 is coupled to a firmware management module 302 … The firmware management module 302 may be equipped with its own memory to store and provide access to current firmware images retrieved from database 304. In certain embodiments, database 304 stores at least one, but preferably a plurality of firmware images 306-312 for reading/writing to NICs associated with each suitable computer node”.).
Regarding Claim 10:
Dubal discloses,
“The firmware upgrade apparatus of claim 9, wherein the OTA processor uploads the firmware data at a preset communication speed through the communication module” (In paragraph [0019], “Communication circuitry of the computer node 104 may include NIC 130 and any number of other devices and circuitry for enabling communications between computer node 104 and one or more other external electronic devices and/or systems. In the illustrative embodiment of FIG. 1, the NIC 130 may include a NIC memory 132 and a NIC processor 134 for storing, updating and/or executing firmware and related operational instructions”. In paragraph [0023], “network 112 may include any number of additional devices, such as additional computers, routers, and switches, to facilitate communications between the computer node 104 and the server node 114”. In paragraph [0023], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”. In paragraph [0025], “allows the computers nodes 104-110 in the network 112 to exchange data in main memory”. Where the NVM image from NIC 130 (in computer node 104) is uploaded to be stored in server node 114 as supported by Figure 3 and paragraph [0026], “NIC 130 may be configured to load a NVM image … read data directly from the main memory of one computer or component (e.g., memory 154 of server node 114) and write or access that data directly to the other computer or component (e.g., firmware manager module 302)”. The preset communication speed is taught by the clock set from an established protocol as discussed in paragraph [0028], “The transmit module 212 and receive module 214 are coupled to the controller module 210, which may be configured to process and control the data interface and connection to and from the communication interfaces 216, 218. The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput”.).
Regarding Claim 11:
Dubal discloses,
“A firmware upgrade method comprising: uploading, by an over-the-air (OTA) access point, firmware data to a node” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112”. In paragraph [0023], “the network 112 may represent a wired and/or wireless network”. Note in Figure 1, where the wireless network has access points shown by the connecting arrows pointing to the compute node 104 and the server node 114.
The server node provides an access point specifically pertaining to firmware updates. Additionally in paragraph [0023], “the communication circuitry 132 of the computer node 104 and the communication circuitry 162 of server node 114 may be configured to use any one or more, or combination, of communication protocols to communicate with each other such as, for example … a wireless network communication protocol (e.g., Wi-Fi®, WiMAX)”, where in paragraph [0014], “the server node 114 is configured to provide and/or update the firmware of a NIC of each computer node 104-110”.);
“uploading, by the node, the firmware data to a relay” (In paragraph [0032], “the NIC 130 of each computer node 104-110 may execute a method 400 for accessing and/or updating a NVM firmware image by server node 114 … by request of the firmware management module 302, the controller module 210 transmits or acknowledges the current NVM image being accessed by the NIC 130”. In paragraph [0031], “the communication module 314 is configured to communicate with computer nodes 104-110, and may also communicate with other remote servers and/or databases. The communication module 314 is coupled to a firmware management module 302 which is configured to access, receive, manage and/or process firmware images (306-312)”. In paragraph [0033], “the firmware management module 302 of the server node 114 may execute a method 500 for providing access to NVM firmware images. At the start of the illustrative process, the server 114 may receive incoming NVM images in block 502 that may be manually installed or pushed to the server 114 from a network source … the firmware management module 302 loads the updated NVM firmware image for writing and access for computer node NICs”.);
“and uploading, by the relay, the firmware data to another relay or access points” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112 via the server node 114 acting as a master NVM server … The access redirection agent module 206 may also be integrated in a computer node's BIOS to allow automatic and/or manual updating of firmware”.).
Regarding Claim 12:
Dubal discloses,
“wherein the OTA access point is at least one of the access points” (In paragraph [0023], “the communication circuitry 132 of the computer node 104 and the communication circuitry 162 of server node 114 may be configured to use any one or more, or combination, of communication protocols to communicate with each other such as, for example … a wireless network communication protocol (e.g., Wi-Fi®, WiMAX)”, where in paragraph [0024], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”. In paragraph [0022], “The communication circuitry 162 of the server node 114 may include any number of devices and circuitry for enabling communications between the server node 114 and the computer nodes 104-110”, where in paragraph [0030], “The various modules of the environment 300 may be embodied as hardware, firmware, software, or a combination thereof. For example the various modules, logic, and other components of the environment 300 may form a portion of, or otherwise be established by, the processor 150 or other hardware components of the server node 114”.).
Regarding Claim 13:
Dubal discloses,
“wherein, in the uploading, by the OTA access point, the firmware data to the node, when entering an OTA mode” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112”. In paragraph [0023], “the network 112 may represent a wired and/or wireless network”. Note in Figure 1, where the wireless network has access points shown by the connecting arrows pointing to the compute node 104 and the server node 114.
The server node provides an access point specifically pertaining to firmware updates. Additionally in paragraph [0023], “the communication circuitry 132 of the computer node 104 and the communication circuitry 162 of server node 114 may be configured to use any one or more, or combination, of communication protocols to communicate with each other such as, for example … a wireless network communication protocol (e.g., Wi-Fi®, WiMAX)”, where in paragraph [0014], “the server node 114 is configured to provide and/or update the firmware of a NIC of each computer node 104-110”.);
“the node is reset to be newly connected to the OTA access point” (In paragraph [0032], “Depending on the nature of the update, the NIC 130 may reboot in block 416 and revert back to block 406 to access the updated NVM image”.);
“and communicates with the OTA access point at a preset communication speed” (In paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput”.).
Regarding Claim 15:
Dubal discloses,
“further comprising updating, by the access point, the relay, and the node, the firmware data” (In paragraph [0033], “If an updated NVM firmware image is available (“YES”), the firmware management module 302 loads the updated NVM firmware image for writing and access for computer node NICs in block 514 to update each respective firmware. As pictured in Figure 1, the network switch 170 of network 112 transmits and receives data, such as the process of updating firmware data between the computer node 104 and server node 114. The transmission and retrieval of data occurring during updates is done through the network, supported by the Abstract, “Communications are provided in the NIC for communicating data to and from a network”, where in paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112 that may be operatively coupled to one or more network switches 170”.).
Regarding Claim 16:
Dubal discloses,
“wherein, in the updating, by the access point, the relay, and the node, the firmware data, after the firmware data is uploaded to all of the access point, the relay, and the node, each of the access point, the relay, and the node updates the firmware data” (In paragraph [0033], “If an updated NVM firmware image is available (“YES”), the firmware management module 302 loads the updated NVM firmware image for writing and access for computer node NICs in block 514 to update each respective firmware. Once updated, the firmware management module 302 continues to receive further NVM images in block 508, and may perform further updates as discussed in connection with blocks 510-514”. As pictured in Figure 1, the network switch 170 of network 112 transmits and receives data, such as the uploading and updating of firmware data between the computer node 104 and server node 114. The transmission and retrieval of data occurring during uploads and updates is done through the network, which is also supported by the Abstract, “Communications are provided in the NIC for communicating data to and from a network”, where in paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112 that may be operatively coupled to one or more network switches 170”.).
Regarding Claim 17:
Dubal discloses,
“wherein, in the updating, by the access point, the relay, and the node, the firmware data, the access point updates the firmware data when a preset waiting time has elapsed after an update instruction is transmitted to the relay” (The access point for updates sent from the server node depends on the preset waiting time occurring in the NIC in order to update the firmware data on the computer node. In paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput. Each serial link operates at 3.125 Gb/s to accommodate both data and the overhead associated with 8B/10B coding … The controller module 210 may be coupled to memory 132 to access firmware, wherein memory 132 may comprise a combination of persistent memory and program code and data stored in it”. The server node depends on the NIC because the server node uploads a copied image of the NIC firmware data to select an appropriate update version, which is then sent back to the NIC. Each occasion that the NIC communicates, the communication depends on a preset time from the clock set within the NIC by controller module 210, thus the update received from the network for the NIC also depends on the preset time. In paragraph [0023], “communication between the computer nodes 104-110 and the server node 114 takes place via the network 112”. In paragraph [0024], “the server node 114 may be configured to provide access to operational firmware and/or firmware updates to NIC 130 in any of computer nodes 104-110”, where in paragraph [0032], “the NIC 130 of each computer node 104-110 may execute a method 400 for accessing and/or updating a NVM firmware image by server node 114”.);
“the relay updates the firmware data when a preset waiting time has elapsed after the update instruction is transmitted to another relay or the node, and the node updates the firmware data when a preset waiting time has elapsed after the update instruction is received” (As shown in Figure 1, the NIC firmware 130 updates according to the NVM image (shown as part of server node 114 in Figure 3) sent over the network 112. The waiting time occurs within the NIC firmware 130, occurring from the controller module 210 contained within the NIC firmware 130 as shown in Figure 2. The controller module 210 depends on the preset waiting time from a protocol using set clock timing, as discussed in paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links”. The update may occur once the NVM image is received. In paragraph [0032], “If, in block 410, the firmware management module 302 determines that an updated NVM image is available (“YES”), firmware management module 302 writes the updated NVM image in block 412 so that the updated NVM image may be accessed by NIC 130, resulting in updated firmware in block 414”.).
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.
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Dubal et al. (U.S. Publication No. 2016/0188313 A1, hereinafter Dubal) in view of McIntosh et al. (U.S. Publication No. 2009/0013210 A1, hereinafter McIntosh).
Regarding Claim 5:
Dubal discloses,
“wherein, when entering an OTA mode” (In paragraph [0023], “the network 112 may represent a wired and/or wireless network”);
“the relay is to at least one of the node, the access point, and another relay” (In paragraph [0032], “Depending on the nature of the update, the NIC 130 may reboot in block 416 and revert back to block 406 to access the updated NVM image”.);
“and communicates with at least one of the node, the access point, and another relay at a preset communication speed” (Where additional access is invoked in a loop as discussed in paragraph [0033], “Referring now to FIG. 5, in use, the firmware management module 302 of the server node 114 may execute a method 500 for providing access to NVM firmware images”. Communication with the node occurs in block 510, in paragraph [0033], “In block 510, the firmware management module 302 may determine the current firmware images being used and/or accessed by NICs in the computer nodes (104-110)”. Further in paragraph [0033], “Once updated, the firmware management module 302 continues to receive further NVM images in block 508, and may perform further updates as discussed in connection with blocks 510-514”. In respect to the preset communication speed configured to the upgrade apparatus, in paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput. Each serial link operates at 3.125 Gb/s to accommodate both data and the overhead associated with 8B/10B coding … The controller module 210 may be coupled to memory 132 to access firmware, wherein memory 132 may comprise a combination of persistent memory and program code and data stored in it”.).
Dubal does not disclose however McIntosh discloses,
“relay is reset to be newly connected” (In paragraph [0113], “first apply a five-second reset pulse or other pulse generally sufficient to cause POR, power-on reset, to the relay or electronic switch controlling AC Outlet A, which supplies power to the modem. Under software control, it might wait 1 to 2 minutes before attempting additional resets, thereby providing sufficient time for the modem to reboot and reestablish connectivity with both the public network and the wireless router providing connectivity to local clients, including the NPR”.).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Dubal by adopting the teaching of the relay configuration in McIntosh; motivated by the common goal to improve time efficiency when providing firmware updates, “An objective of one embodiment of the invention is to automate the monitoring, fault analysis, reset and restoration of networks and network connections so that this takes place automatically” (McIntosh [0012]), and “An internal clock/calendar synced via NTP (network time protocol) keeps perfect time, and automatic, scheduled checks for firmware updates occur via the Internet” (McIntosh [0006]).
Regarding Claim 14:
Dubal discloses,
“wherein, in the uploading, by the node, the firmware data to the relay, when entering an OTA mode” (In paragraph [0029], “When active, the access redirection agent module 206 configures NIC NVM access such that, instead of performing a local NVM read or write via Inter-Integrated Circuit (12C), Serial Peripheral Interface (SPI) or Management Data Input/Output (MDIO), the NVM access occurs over the network 112”. In paragraph [0023], “the network 112 may represent a wired and/or wireless network”. Note in Figure 1, where the wireless network has access points shown by the connecting arrows pointing to the compute node 104 and the server node 114.);
“the relay is ” (In paragraph [0032], “Depending on the nature of the update, the NIC 130 may reboot in block 416 and revert back to block 406 to access the updated NVM image”.);
“and communicates with at least one of the node, the access point, and another relay at a preset communication speed” (Where additional access is invoked in a loop as discussed in paragraph [0033], “Referring now to FIG. 5, in use, the firmware management module 302 of the server node 114 may execute a method 500 for providing access to NVM firmware images”. Communication with the node occurs in block 510, in paragraph [0033], “In block 510, the firmware management module 302 may determine the current firmware images being used and/or accessed by NICs in the computer nodes (104-110)”. Further in paragraph [0033], “Once updated, the firmware management module 302 continues to receive further NVM images in block 508, and may perform further updates as discussed in connection with blocks 510-514”. In respect to the preset communication speed configured to the upgrade apparatus, in paragraph [0028], “The controller module 210 may be configured to communicate data using any of a number of protocols including serial PHY or XAUI, which provides a full duplex interface that uses four (4) self-clocked serial differential links in each direction to achieve 10 Gb/s data throughput. Each serial link operates at 3.125 Gb/s to accommodate both data and the overhead associated with 8B/10B coding … The controller module 210 may be coupled to memory 132 to access firmware, wherein memory 132 may comprise a combination of persistent memory and program code and data stored in it”.).
Dubal does not disclose however McIntosh discloses,
“relay is reset to be newly connected” (In paragraph [0113], “first apply a five-second reset pulse or other pulse generally sufficient to cause POR, power-on reset, to the relay or electronic switch controlling AC Outlet A, which supplies power to the modem. Under software control, it might wait 1 to 2 minutes before attempting additional resets, thereby providing sufficient time for the modem to reboot and reestablish connectivity with both the public network and the wireless router providing connectivity to local clients, including the NPR”.).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Dubal by adopting the teaching of the relay configuration in McIntosh; motivated by the common goal to improve time efficiency when providing firmware updates, “An objective of one embodiment of the invention is to automate the monitoring, fault analysis, reset and restoration of networks and network connections so that this takes place automatically” (McIntosh [0012]), and “An internal clock/calendar synced via NTP (network time protocol) keeps perfect time, and automatic, scheduled checks for firmware updates occur via the Internet” (McIntosh [0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Miyajo et al. (U.S. Publication No. 20240089170 A1) relates to the disclosed relay.
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/B.D.N./Examiner, Art Unit 2192
/S. Sough/SPE, Art Unit 2192
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