Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-6 have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1 appears to be a device of software alone, lacking the necessary physical components (hardware) to constitute a machine or a manufacture under 101. Since claim 1 is clearly not a process or a composition of matter, it appears to fail to fall within a statutory category and thus non-statutory.
Claims 2-6 are rejected for failing to cure the deficiencies of the above rejected non-statutory claim 1.
Allowable Subject Matter
Claims 1-6 are rejected under 35 USC 101 but would be allowable if the 35 USC 101 rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter:
The cited prior art taken alone or in combination fail to teach, in combination with the other claimed limitations, when the update determination unit determines that a part of the structure of the new software should be changed in arrangement to be in the second arithmetic operation unit, the software arrangement change request transmission/reception unit makes a request to the second arithmetic operation unit, and when the part of the structure of the new software is changed in arrangement, the software arrangement change request transmission/reception unit determines the part of the structure of the new software or the existing software to be arranged in the second arithmetic operation unit, in consideration of latencies in the first arithmetic operation unit and the second arithmetic operation unit which occur during execution of the new software as recited in independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamamoto (US 2014/0372353) teaches a method for updating software for an arithmetic operation unit.
Gschwind (US 10,725,739) teaches a method for determining an update for an arithmetic operation unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QAMRUN NAHAR whose telephone number is (571)272-3730. The examiner can normally be reached Monday - Friday 8-4pm.
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/QAMRUN NAHAR/Primary Examiner, Art Unit 2199
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