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 communication filed on 11/21/2025.
The instant application having application No. 19/075,090 filed on March 10, 2025, claims priority to provisional appl. 63/563,631 filed 3/11/2024.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/21/2025 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 8/21/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on pending reference application number 19/075100 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/12/2026 was filed before the mailing date of the Non-Final Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
Claims 1 and 9 are amended, claims 12 and 13 are canceled, claims 1-11, and 14-19 are currently pending in the application.
Response to Amendment
Regarding art rejection: In regards to pending claims Applicant’s arguments are not persuasive; further, applicant’s amendments to claims necessitated new ground of rejections made in the office action below.
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 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 1-8, 10, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Law et al. (US 20250117206 A1, hereinafter “Law”) in view of MAEDA (US 20140130028 A1, hereinafter “MAEDA”), and Peng et al. (US 20170364346 A1, hereinafter “Peng”).
With respect to claim 1, Law discloses A system comprising (e.g. Fig. 14):
a management server having a first at least one communication module, a first at least one processor, and a first at least one non-transitory processor-readable storage medium storing first processor- executable instructions thereon (e.g. Fig. 14, cloud 504, peripheral management service, firmware management services, and gateway. Para [0244], “At action 1504, the client IHS agent 510A may communicate with the firmware management services module 1403, via OTB agent 501 and peripheral management service 503. The client IHS agent 510 may report to the firmware management services module 1403 various information regarding the conference room and the peripherals. …” this paragraph indicates that peripheral management service 503 and firmware management services have communication modules and processor and processor-readable storage medium);
a telematics device having a second communication module, a third communication module, a second at least one processor, and a second at least one non-transitory processor-readable storage medium storing second processor-executable instructions thereon (e.g. Fig. 14, 104A client HIS. Para [0244] as cited above indicates that the client HIS has communication modules (for receiving and transmitting) and a processor with processor-readable storage medium); and
a peripheral device having a fourth communication module, a fifth communication module, a third at least one processor, and a third at least one non-transitory processor-readable storage medium storing third processor-executable instructions thereon (e.g. Fig. 14, conference room devices. Para [0236], “Further in the example of FIG. 14, the conference room devices (e.g., video bar 101/host IHS 105A, touch controller 105B, audio devices 306/307, displays 102, camera 308, digital whiteboard 509) are not directly connected to the cloud 504 via a network. Rather, the client IHS 104A is network-connected to cloud 504. … When the user is in a conferencing session, the user may employ a wired or wireless connection to the video bar 101/host IHS 105A and/or any of the other conference room devices. The client IHS 104A may then interact with those conference room devices by the wired or wireless connection.” This paragraph indicates that the conference room devices (read on a peripheral device) has communication modules (for receiving and transmitting) and a processor with processor-readable storage medium),
wherein:
the third processor-executable instructions cause the peripheral device to:
transmit, by the fourth communication module for reception at the telematics device, an indication of a first firmware version of firmware installed at the peripheral device (e.g. para [0242], “The background checker may then iterate through the various peripheral devices and discover the presence of a given peripheral device, its current firmware version, and its health status. For instance, the client IHS agent 510, and its associated checker functionality, may use one or more APIs or other appropriate communication techniques to detect the peripheral devices and to gather information from those peripheral devices.”);
the second processor-executable instructions cause the telematics device to:
receive, by the second communication module, the indication of the first firmware version from the peripheral device (e.g. para [0242] as cited above); and
transmit, by the third communication module for reception at the management server, the indication of the first firmware version (e.g. para [0244], “… The client IHS agent 510 may report to the firmware management services module 1403 various information regarding the conference room and the peripherals. Such information may include the meeting room location and/or name, unique identifiers of peripheral devices, firmware versions of those peripheral devices, …”);
the first processor-executable instructions cause the management server to:
receive, by the first at least one communication module, the indication of the first firmware version from the telematics device (e.g. para [0244] as cited above, see also para [0245]);
compare, by the first at least one processor, the first firmware version to a second firmware version set for distribution to the peripheral device (e.g. para [0247], “At action 1601, the firmware management services module 1403 analyzes and identifies conference rooms with operation issues. For instance, some conference rooms may have peripheral devices having outdated firmware and/or performance degradation or malfunction. …”); and
in response to a determination that the second firmware version is different from the first firmware version, transmit, by the first at least one communication module for reception at the telematics device, an identification of an access location for firmware data corresponding to the second firmware version (e.g. para [0250], “… Furthermore, update packages may include instructions for the user, such as providing explicit instructions for acquiring the updates and applying the updates, providing URLs for updates, …” also see para [0249]);
the second processor-executable instructions further cause the telematics device to:
receive, by the third communication module, the identification of the access location from the management server (e.g. para [0249-0250] as cited above);
[retrieve, by the fifth communication module, the firmware data corresponding to the second firmware version from the access location, comprising: transitioning the fifth communication module to an active mode by an internal message within the peripheral device,] where in the active mode communication with the management server bypassing the telematics device is enabled (e.g. para [0250], “… In another example, actions 1603 and 1604 may include actions outside of client agent 510A, such as requesting that the user access some update packages using a web browser or other appropriate application. Furthermore, update packages may include instructions for the user, such as providing explicit instructions for acquiring the updates and applying the updates, providing URLs for updates, and the like.” Wherein client agent 510A reads on the telematics device, actions 1603 and 1604 are communications with firmware management service module to obtain update package, and are performed outside of client agent 510A, indicating that the conference room device (peripheral device) communicating with management server bypassing client agent 510A);
Law does not appear to explicitly disclose
transmit, by the second communication module, the identification of the access location for reception at the peripheral device; and
the third processor-executable instructions further cause the peripheral device to:
receive, by the fourth communication module, the identification of the access location from the telematics device;
retrieve, by the fifth communication module, the firmware data corresponding to the second firmware version from the access location, comprising: transitioning the fifth communication module to an active mode by an internal message within the peripheral device, (where in the active mode communication with the management server bypassing the telematics device is enabled);
after retrieving the firmware data corresponding to the second firmware version, transitioning the fifth communication module to an inactive mode where communication with the management server is not enabled and power consumption is lower than in the active mode; and
update, by the third at least one processor, the firmware installed at the peripheral device based on the firmware data retrieved from the access location.
However, in analogous art, MAEDA discloses
transmit, by the second communication module, the identification of the access location for reception at the peripheral device (e.g. para [0044], “… each of the video output apparatuses 100 obtains firmware information from the network relay apparatus 300 in predetermined timing (step S3).” See also para [0045] wherein the firmware is obtained (downloaded) indicates that the access location is transmitted from relay apparatus to the video output apparatus, where the relay apparatus reads on the telematics device); and
the third processor-executable instructions further cause the peripheral device to:
receive, by the fourth communication module, the identification of the access location from the telematics device (e.g. para [0044-0045] as cited above);
retrieve, by the fifth communication module, the firmware data corresponding to the second firmware version from the access location (e.g. para [0045], “Each of the video output apparatuses 100 determines, based on the obtained firmware information, firmware to be used for update, and obtains (downloads) the firmware from the firmware management server 200 (step S4).”);
update, by the third at least one processor, the firmware installed at the peripheral device based on the firmware data retrieved from the access location (e.g. para [0037], “According to the first embodiment, when updating the firmware, each of the video output apparatuses 100 downloads the latest version of firmware from the firmware management server 200, and installs it therein.”).
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 Law and the invention of MAEDA because it allows for users freely designating a schedule of updating the firmware, hence the convenience is improved. 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 allowing for users freely designating a schedule of updating the firmware, hence the convenience is improved as suggested by MAEDA (see para [0022-0024]).
Law as modified by MAEDA does not appear to explicitly disclose
comprising: transitioning the fifth communication module to an active mode by an internal message within the peripheral device, (…);
after retrieving the firmware data corresponding to the second firmware version, transitioning the fifth communication module to an inactive mode where communication with the management server is not enabled and power consumption is lower than in the active mode;
However, in analogous art, Peng discloses
comprising: transitioning the fifth communication module to an active mode by an internal message within the peripheral device, (…) (e.g. para [0083], “In the first message the payload may include a switch command which controls the card reader control application 414 to switch the communication modes that are currently enabled from the first normal operation communication mode to the second inactive update communication mode. …” wherein application 414 is inside the peripheral device, the command through application 414 reads on an internal message);
after retrieving the firmware data corresponding to the second firmware version, transitioning the fifth communication module to an inactive mode where communication with the management server is not enabled and power consumption is lower than in the active mode (e.g. para [0086], “… The update application 402 generates a subsequent switch message to switch the active communication modes of the card reader device from the update mode back to the operational mode which completes the update process.” one of ordinary skill in the art understands that disabling communication consumes less power than when communication is enabled);
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 Peng because it provides improved techniques for updating peripheral devices. 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 improved techniques for updating peripheral devices as suggested by Peng (see para [0004, 0026]).
With respect to claim 2, Law discloses wherein the fourth communication module and the second communication module comprise respective wired communication modules, for wired communication between the telematics device and the peripheral device (e.g. Para [0236], “…. The client IHS 104A may then interact with those conference room devices by the wired or wireless connection.” Wherein the HIS reads on the telematics device and conference room devices read on peripheral devices).
With respect to claim 3, Law discloses wherein the fourth communication module and the second communication module comprise respective short-range wireless communication interfaces (e.g. Para [0236], “…. The client IHS 104A may then interact with those conference room devices by the wired or wireless connection.” Wherein the HIS reads on the telematics device and conference room devices read on peripheral devices).
With respect to claim 4, Law discloses wherein the fifth communication module comprises a first cellular modem at the peripheral device which communicates over a first cellular network (e.g. Para [0071], “Communication interface(s) 305 may enable communications between video bar 101 and various wired and/or wireless networks, such as Ethernet, WiFi, BT/BLE, cellular or mobile networks, satellite networks, or the like. ... As such, communication interface(s) 305 may be used to enable various types of communications between video bar 101 and wired/wired networks, the Internet, other IHSs, BT speakers, microphones, headsets, external displays, touch controllers, whiteboards, hard drives, peripherals, etc.”).
With respect to claim 5, Law discloses wherein the third communication module comprises a second cellular modem at the telematics device which communicates over the first cellular network or a second cellular network different from the first cellular network (e.g. Para [0045], “IHS 200 includes chipset 202 coupled to host processor(s) 201. …. Chipset 202 may also be coupled to communication interface(s) 205 to enable communications between IHS 200 and various wired and/or wireless devices or networks, such as Ethernet, WiFi, BLUETOOTH (BT), BT Low-Energy (BLE), cellular or mobile networks (e.g., Code-Division Multiple Access or “CDMA,” Time-Division Multiple Access or “TDMA,” Long-Term Evolution or “LTE,” etc.), satellite networks, or the like.” Wherein HIS reads on the telematics device).
With respect to claim 6, Law discloses wherein the first at least one communication module comprises a network module which communicatively couples to a cloud network or the internet (e.g. Para [0089], “FIG. 5 is a diagram illustrating an example of architecture 500 usable for determining a device's location, position, and/or orientation (e.g., IHSs 104A-N). As shown, architecture 500 includes certain components that are disposed in conference room 100 and others that reside in cloud 504 (e.g., servers or other IHSs that may be accessed over the Internet, and/or the software and databases that run on those servers).”).
With respect to claim 7, Law discloses wherein the indication of the access location comprises a uniform resource locator (URL) (e.g. Para [0250], “… Furthermore, update packages may include instructions for the user, such as providing explicit instructions for acquiring the updates and applying the updates, providing URLs for updates, ...”).
With respect to claim 8, Law discloses wherein the access location comprises the first at least one non-transitory processor-readable storage medium (e.g. Para [0101], “On cloud 504, peripheral management service 503 is coupled to device and configuration database 505 and location mapping service 506. Particularly, peripheral management service 503 may operate as an orchestrator in cloud 504 that connects cloud services with video bar 101 and/or host IHS 105A.” this paragraph suggests that the peripheral service 503 comprises processor readable storage medium because it is needed to store instructions).
With respect to claim 10, Law discloses wherein the peripheral device further comprises at least one image sensor (e.g. Para [0041], “In operation, video bar 101 and/or in-room IHS 105 may be configured to receive images obtained with one or more camera(s) located in room 100 and to share those images with remote participants of a remote meeting (e.g., as live-video images) using the UC application and service. ...”).
With respect to claim 15, Law discloses wherein the second firmware version is a most recent firmware version (e.g. para [0037], “According to the first embodiment, when updating the firmware, each of the video output apparatuses 100 downloads the latest version of firmware from the firmware management server 200, and installs it therein.” Wherein the downloaded firmware reads on the second firmware version).
With respect to claim 16, Law discloses wherein the third processor-executable instructions which cause the fourth communication module to transmit the indication of the first firmware version of firmware installed at the peripheral device cause the fourth communication module to transmit the indication of the first firmware version in response to waking of the peripheral device (e.g. para [0242], “The background checker may then iterate through the various peripheral devices and discover the presence of a given peripheral device, its current firmware version, and its health status. For instance, the client IHS agent 510, and its associated checker functionality, may use one or more APIs or other appropriate communication techniques to detect the peripheral devices and to gather information from those peripheral devices.” Wherein checker functionality to detect the peripheral devices suggests waking of the peripheral device).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Law in view of MAEDA and Peng as applied to claim 1, in further view of Ferlitsch (US 20070245333 A1, hereinafter “Ferlitsch”).
With respect to claim 9, Law as modified by Maeda and Peng discloses the system of claim 1, Law further discloses wherein the access location comprises a fourth at least one non-transitory processor-readable storage medium at a datastore remote from the peripheral device, the telematics device, and the management server (e.g. Para [0101], “On cloud 504, peripheral management service 503 is coupled to device and configuration database 505 and location mapping service 506. Particularly, peripheral management service 503 may operate as an orchestrator in cloud 504 that connects cloud services with video bar 101 and/or host IHS 105A.” this paragraph suggests that the configuration database 505 (reads on a database remote from the peripheral devices) comprises processor readable storage medium because it is needed to store instructions); but does not explicitly disclose and
retrieving the firmware data corresponding to the second firmware version from the access location further comprises retrieving, by the fifth communication module, the firmware data corresponding to the second firmware version from the access location bypassing the telematics device and bypassing the management server. However, this is taught in analogous art, Ferlitsch (e.g. para [0029], “… The network peripheral
device 30 may request 313 from the remote site 34 the firmware. The remote site 34 may transmit 314 the firmware to the network peripheral device 30, …” also see Fig. 7, wherein the printer 74 is a peripheral device, remote host reads on the access location, host 73 reads on the telematics device which is bypassed, and the firmware update UI 76 reads on the management server which is bypassed.)
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 Ferlitsch because it provides techniques for managing the cumbersome administrative process of updating and changing firmware versions on network peripheral devices. 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 managing the cumbersome administrative process of updating and changing firmware versions on network peripheral devices as suggested by Ferlitsch (see para [0002-0004]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Law in view of MAEDA and Peng as applied to claim 1, in further view of Qian et al. (US 20230229417 A1, hereinafter “Qian”).
With respect to claim 11 (Previously Presented), Law as modified by MAEDA and Peng discloses The system of claim 1, but does not appear to explicitly disclose wherein the peripheral device and the telematics device are installed at a vehicle, and the management server and the access location are remote from the vehicle. However, this is taught in analogous art, Qian (e.g. Fig. 1 shows telematics device 102 and controller 134 and sensor 136 as peripheral devices, the cloud server 104 (reads on the management server and the access location) is remote from the vehicle).
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 Qian because it provides a powerful, flexible, and efficient system for managing firmware updates for a fleet of multiple, potentially heterogeneous telematics devices. 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 a powerful, flexible, and efficient system for managing firmware updates for a fleet of multiple, potentially heterogeneous telematics devices as suggested by Qian (see para [0041]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Law in view of MAEDA and Peng as applied to claim 1, in further view of Clifton et al. (US 20230145238 A1, hereinafter “Clifton”) and KIKUCHI et al. (US 20240061671 A1, hereinafter “KIKUCHI”).
With respect to claim 14, Law as modified by MAEDA and Peng discloses The system of claim 1, but does not appear to explicitly disclose wherein:
the second processor-executable instructions further cause the telematics device to:
receive vehicle identification information from a vehicle to which the telematics device is connected; and
transmit, by the third communication module for reception at the management server, the vehicle identification information; and
the first processor-executable instructions which cause the management server to compare the first firmware version to the second firmware version set for distribution to the peripheral device cause the first at least one processor to compare the first firmware version to the second firmware version set for distribution to the peripheral device and compatible with the vehicle identified in the vehicle identification information.
However, in analogous art, Clifton discloses wherein:
the second processor-executable instructions further cause the telematics device to:
receive vehicle identification information from a vehicle to which the telematics device is connected (e.g. para [0046], “… As discussed above with regard to the controller 710, the telematics system 720 may be configured to receive vehicle identification information (e.g., a vehicle identification number, a truck type, etc.) from the body system 740. …”);
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 Clifton because it provides techniques for obtaining vehicle identification information based on which additional information may be determined. 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 obtaining vehicle identification information based on which additional information may be determined as suggested by Clifton (see para [0046]).
Law as modified by MAEDA, Peng and Clifton does appear to explicitly discloses
transmit, by the third communication module for reception at the management server, the vehicle identification information; and
the first processor-executable instructions which cause the management server to compare the first firmware version to the second firmware version set for distribution to the peripheral device cause the first at least one processor to compare the first firmware version to the second firmware version set for distribution to the peripheral device and compatible with the vehicle identified in the vehicle identification information.
However, in analogous art, KIKUCHI discloses
transmit, by the third communication module for reception at the management server, the vehicle identification information (e.g. para [0043], “… In Step S4, the software updating device 1 receives the vehicle identification number of the vehicle 2 and the ECU software version of the vehicle 2 from the in-vehicle terminal device 20. …” wherein the software updating device reads on the management server, and in-vehicle terminal device reads on the telematics device); and
the first processor-executable instructions which cause the management server to compare the first firmware version to the second firmware version set for distribution to the peripheral device cause the first at least one processor to compare the first firmware version to the second firmware version set for distribution to the peripheral device and compatible with the vehicle identified in the vehicle identification information. (e.g. para [0043], “… In Step S5, the software updating device 1 determines whether a software update is necessary. Specifically, for each vehicle, the software updating device 1 compares the vehicle identification number acquired from the in-vehicle terminal device 20 and the vehicle identification number of the vehicle to be updated stored in the software update list. The software updating device 1 then determines whether software version of the ECU of the vehicle with the matching vehicle identification number matches the software version of the updated software. Upon determining a software update is necessary, the software updating device 1 proceeds to Step S6. …”).
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 KIKUCHI because it provides techniques for updating vehicle software that reduces storage capacity and processing load of the server. 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 vehicle software that reduces storage capacity and processing load of the server as suggested by KIKUCHI (see para [0008]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Law in view of MAEDA and Peng as applied to claim 1, in further view of Kim et al. (US 20240192944 A1, hereinafter “Kim”).
With respect to claim 17, Law as modified by MAEDA and Peng discloses The system of claim 1, but does not appear to explicitly disclose wherein the third processor-executable instructions which cause the third at least one processor to update the firmware installed at the peripheral device based on the firmware data retrieved from the access location cause the third at least one processor to update the firmware installed at the peripheral device after deactivation of vehicle where the peripheral device is positioned. However, this is taught in analogous art, Kim (e.g. para [0057], “… When the ignition of the vehicle 110
is off, when the shift gear is located in the P stage, when the exterior lamp is turned off, when the parking brake is set, and/or when the engine hood is closed, the controller
250 may determine that the vehicle state satisfies the OTA software update
performance condition.” Para [0059], “… The controller 250 may transmit the software
update package to the at least one performance controller 230 which is an update
target. The update target may reprogram new software included in the software update package to perform a software update.”)
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 Kim because it
provides techniques for updating vehicle software that reduces storage capacity and processing load of the server. 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 vehicle software that reduces storage capacity and processing load of the server as suggested by Kim (see para [0008]).
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Law in view of MAEDA and Peng as applied to claim 1, in further view of Nguyen et al. (US 20040194079 A1, hereinafter “Nguyen”).
With respect to claim 18, Law as modified by MAEDA and Peng discloses The system of claim 1, Law discloses
…, transmit, by the first at least one communication module for reception at the telematics device, an indication for firmware action at the peripheral device (e.g. para [0250], “… Furthermore, update packages may include instructions for the user, such as providing explicit instructions for acquiring the updates and applying the updates, providing URLs for updates, …” also see para [0249]);
the second processor-executable instructions further cause the telematics device to:
receive, by the third communication module of the telematics device, the indication for firmware action (e.g. para [0249-0250] as cited above);
in response to receiving the indication for firmware action, transmit, by the second communication module, a wake command (e.g. para [0254], “ In one non-limiting embodiment, a method includes connecting a user device to a plurality of shared peripheral devices in a conference room or shared workspace. An example includes the client IHS 104A and its client IHS agent 510A connecting by a wired or wireless connection to a plurality of peripheral devices, …” wherein connecting by a wired or wireless connection suggest a wake command);
the third processor-executable instructions further cause the peripheral device to:
receive, by the fourth communication module, the wake command (e.g. para [0254], “ In one non-limiting embodiment, a method includes connecting a user device to a plurality of shared peripheral devices in a conference room or shared workspace. An example includes the client IHS 104A and its client IHS agent 510A connecting by a wired or wireless connection to a plurality of peripheral devices, …” wherein connecting by a wired or wireless connection suggest a wake command is received at the peripheral device); and
wake the peripheral device (e.g. para [0254] as cited above, wherein connecting by wired or wireless connection suggests waking the peripheral device); and
the third processor-executable instructions which cause the fourth communication module of the peripheral device to transmit the indication of the first firmware version cause the fourth communication module to transmit the indication of the first firmware version in response to the peripheral device being woken (e.g. para [0255], “Continuing with the example, the method may further include retrieving firmware version information from the plurality of shared peripheral devices and gathering location information for the peripheral devices. For instance, the user device may be able to poll the different peripheral devices in the conference room, via its wired or wireless connection, for information stored at each one of the peripheral devices.”).
but does not appear to explicitly disclose wherein:
the first processor-executable instructions further cause the management server to:
access, at a non-transitory processor-readable storage medium accessible to the management server, a stored indication of an assumed firmware version for firmware installed at the peripheral device;
compare the assumed firmware version indicated in the stored indication to the second firmware version set for distribution; and
in response to a determination that the second firmware version is different from the assumed firmware version indicated in the stored indication,
However, in analogous art, Nguyen discloses wherein:
the first processor-executable instructions further cause the management server to:
access, at a non-transitory processor-readable storage medium accessible to the management server, a stored indication of an assumed firmware version for firmware installed at the peripheral device (e.g. para [0031], “… The version number of the
current software is determined by reading a version number parameter value stored in the NVRAM 40. …” Nguyen’s technique applies to the management server, hence renders the claim feature obvious);
compare the assumed firmware version indicated in the stored indication to the second firmware version set for distribution; (e.g. para [0031], “… At the step 306, the version number of the new software is compared to a version number of the current software. The version number of the current software is determined by reading a
version number parameter value stored in the NVRAM 40. …”)
in response to a determination that the second firmware version is different from the assumed firmware version indicated in the stored indication (e.g. para [0031], “… At the step 308, it is determined if the version number of the new software is higher than the version number of the current software. …),
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 Nguyen because it
provides techniques for storing the version number of the current software in a fixed location in NVRAM to facilitate the process of determining if update is required. 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 storing the version number of the current software in a fixed location in NVRAM to facilitate the process of determining if update is required as suggested by Nguyen (see para [0031]).
With respect to claim 19, Law as modified by MAEDA and Peng discloses The system of claim 1, Law discloses wherein:
the second processor-executable instructions which cause the third communication module of the telematics device to transmit the indication of the first firmware version cause the third communication module to transmit the indication of the first firmware version as accessed from the second at least one non-transitory processor-readable storage medium (e.g. para [0244], “… The client IHS agent 510 may report to the firmware management services module 1403 various information regarding the conference room and the peripherals. Such information may include the meeting room location and/or name, unique identifiers of peripheral devices, firmware versions of those peripheral devices, …”);
but does not appear to explicitly disclose
the second processor-executable instructions further cause the telematics device to store, by the second at least one non-transitory processor-readable storage medium, the indication of the first firmware version received from the peripheral device;
the second processor-executable instructions further cause the telematics device to access the indication of the first firmware version from the second at least one non-transitory processor-readable storage medium;
However, in analogous art, Nguyen discloses
the second processor-executable instructions further cause the telematics device to store, by the second at least one non-transitory processor-readable storage medium, the indication of the first firmware version received from the peripheral device (e.g. para [0031], “… The version number of the current software is determined by reading a version
number parameter value stored in the NVRAM 40. …” Nguyen’s technique applies to the telematics device, hence renders the claim feature obvious);
the second processor-executable instructions further cause the telematics device to access the indication of the first firmware version from the second at least one non-transitory processor-readable storage medium (e.g. para [0031], “… The version number of the
current software is determined by reading a version number parameter value stored
in the NVRAM 40. …” Nguyen’s technique applies to the telematics device, hence 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 Nguyen because it
provides techniques for storing the version number of the current software in a fixed location in NVRAM to facilitate the process of determining if update is required. 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 storing the version number of the current software in a fixed location in NVRAM to facilitate the process of determining if update is required as suggested by Nguyen (see para [0031]).
Response to Arguments
Applicant's arguments regarding art rejections filed 11/21/2025 have been fully considered but they are not persuasive.
At p10 to p12 of the Remarks, Applicant argued with respect to claims 1 and 9, the arguments are about new amendment features, these arguments are moot upon new grounds of rejections made in the office action above.
At p13 first two paragraphs of the Remarks, Applicant argued that “the portable user device of law inherently cannot be installed at a vehicle, because it provides the ad-hoc updateability of Law.”
Examiner respectfully disagrees, because, as explained in the final office action dated 9/8/2025 with respect to combining with Maeda, Law does not teach/suggest that the combination/instant claim can’t be done. Law works with non-networked peripherals but it never says it cannot work with networked peripherals. In fact, ¶ [0231] of Law suggests that it “teaches towards” the combination as it specifies a networked peripheral embodiment, albeit without much details, therefore Maeda is brought in to fill in details. Law teaches a cloud which includes a management server (firmware management services) and access location (database 505), and a telematics device (client IHS), see Fig. 14. Although Law does not appear to explicitly disclose a vehicle telematics device, the client HIS is analogous to a vehicle telematics device in Qian, the principle of Law would work in the vehicle as disclosed in Qian.
At p13 third and fourth paragraphs of the Remarks, Applicant argued that “Paragraph [0041] of Qian does not provide motivation for taking a device that is by design and intent portable as in Law, and installing that device to a vehicle, thereby making it non-portable.”
Examiner respectfully disagrees, because, as explained above and in the previous office action, Law suggests a network-connected variation, see para [0231]. As shown in Fig. 14, the cloud and client HIS setting are analogous to Qian’s setting shown in Fig. 1 of Qian. Qian’s teaching would work with Law and improve Law, which is the motivation for the combination.
At p13 fifth paragraph of the Remarks, Applicant argued that “The room solution, where a dedicated computer is in the room (e.g. akin to an installed device) is not described as having network-connected devices, because the dedicated computer serves this purpose, and is not intermittently available like the portable user device.”
Examiner respectfully disagrees, because, para [0231] of Law discloses “… In a network-connected variation, some devices are connected directly on the network with their own IP addresses. …” At least, some devices are connected directly on the network independent of the dedicated computer.
Ap13 sixth paragraph of the Remarks, Applicant argued that “Thus, claim 11 is further inventive over the Cited References.”
Examiner respectfully disagrees, because, as set forth in the office action and as explained above, claim 11 was rendered obvious with the cited references.
At p13 last paragraph to p14 fourth paragraph of the Remarks, Applicant argued with respect to claim 18, particularly, at p14 second paragraph of the Remarks, Applicant argued that “However, a wake command is not taught or suggested by "connecting". "Connecting" at most implies opening communication; a peripheral device can be awake prior to connection such that a wake command is not implied or taught. Further, there is no disclosure that the peripheral transmits its firmware version "in response to being woken." Paragraph [0255] only describes polling different peripheral devices for information, which has no relationship to a wake command.”
Examiner respectfully disagrees, because, for connecting a device, e.g. wireless connection, there are commands/signals exchange between and source and the peripheral device, the signals read on the wake command. Para [0255] discloses “the user device may be able to poll the different peripheral devices in the conference room, via its wired or wireless connection,” which indicates that the polling is in response to the connection of the peripheral devices which is related to a wake command. Further para [0256] discloses transmitting the firmware version information.
At p14 third paragraph of the Remarks, Applicant argued that “Secondly, the Examiner raises Nguyen as describing storing an assumed version. However, server-side assumed version for a peripheral device is not taught by Nguyen. Nguyen discloses storing and comparing software version numbers in the same device's non-volatile memory (e.g., NVRAM 40 of set-top box 10) to decide whether to upgrade (see Nguyen, para [0031]). While Nguyen mentions other devices (PC and television, paragraph [0025]), it is the set-top box 10 where the firmware version is stored, for firmware updates at the same set-top box 10 (see paragraph [0034]). While the software upgrades can be received from another device (such as the PC, paragraph [0025]), there is no discussion that an assumed firmware version for the set-top box 10 is stored or compared at this other device.”
Examiner respectfully disagrees, because, as set forth in the office action, Nguyen’s technique applies to the management server, in that it accesses memory (reads on a storage medium) for an assumed software version, and compares the new version number with the assumed version number, which are the same processes performed by the management server, hence Nguyen renders the claim feature obvious.
At p14 fourth paragraph of the Remarks, Applicant argued that “Thus, claim 18 is further inventive over the Cited References.”
Examiner respectfully disagrees, because, as explained above, Nguyen in combination with other cited references renders claim 18 obvious.
At p14 last to p15 second paragraphs of the Remarks, Applicant argued that other references do not overcome the deficiencies of Law and Maeda discussed earlier, “and thus claim 1 and claims 2-11 and 14-19 dependent therefrom are also inventive over these references.”
Examiner respectfully disagrees, because, as explained above, Law and Maeda in combination with other cited references render the instant claims obvious.
Conclusion
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/ZENGPU WEI/
Examiner, Art Unit 2197