Prosecution Insights
Last updated: April 19, 2026
Application No. 19/141,702

DUAL BIOS SYSTEM, SYSTEM SWITCHING METHOD AND APPARATUS, DEVICE, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Jun 20, 2025
Examiner
PHAN, DEAN
Art Unit
2184
Tech Center
2100 — Computer Architecture & Software
Assignee
Suzhou MetaBrain Intelligent Technology Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
88%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
376 granted / 509 resolved
+18.9% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
16 currently pending
Career history
525
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
58.8%
+18.8% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 509 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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 1-2, 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20190303329) in view of Chen et al (US 20230075055). As to claim 1, Lee discloses a dual basic input/output system (BIOS) system (fig. 3), comprising: a first BIOS chip (memory 341), configured to run a first BIOS sub-system (par. 20 “store a basic input output system”); a second BIOS chip(memory 342), configured to run a second BIOS sub-system (par. 20); a BMC control chip (controller 320), configured to control the second BIOS chip (par. 31), the BMC control chip being connected to the second BIOS chip (via path 332); and a platform controller hub (PCH 210), configured to control the first BIOS chip (par. 23 “boots device 100 based on the BIOS in memory 141”) and the BMC control chip (“communicate with auxiliary controller 120”), the platform controller hub being connected to the first BIOS chip via a first bus (fig. 1, bus 160) and connected to the BMC control chip via a second bus (bus to chip 150), the first bus being connected to the second bus (via PCH chip 110). Lee does not disclose a BMC chip and other related limitations. In the same field of art (peripheral configuration), Chen discloses a system to monitor the condition of a flash memory device such as flash memory devices that store hardware settings for a BIOS or system logs in a computer system (abstract). In one embodiment, Chen further discloses a basic input/output system (BIOS) system, comprising: a second BIOS chip (fig. 1A, chip 134), configured to run a second BIOS sub-system (par. 27, BIOS image 150, 152…); a baseboard management controller (BMC) chip (fig. 1B, BMC chip 132), configured to run a BMC program (par. 27, stores system logs 136...); a BMC control chip (BMC 130), configured to control the BMC chip and the second BIOS chip (par. 26 “monitored by the BMC 130), the BMC control chip being connected to the BMC chip and the second BIOS chip (fig. 1A, 1B); and a platform controller hub (PCH 116), configured to control the BMC control chip (par. 28), the platform controller hub being connected to the BMC control chip via a second bus (fig. 1B, bus 160, 162), and the platform controller hub being connected to a central processing unit (CPU) (CPU 112). Therefore, 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 teachings of Lee and Chen in order to improve the reliability of the system (par. 8). As to claim 2, Lee/Chen discloses the dual BIOS system according to claim 1, wherein an access entity of the dual BIOS system comprises a host (fig. 4 switch circuit 330) and the BMC control chip, and the host and the BMC control chip perform interactive access by transmitting instructions (par. 40). As to claim 5, Lee/Chen discloses the dual BIOS system according to claim 2, wherein the BMC control chip transmits a sub-system switching request instruction to the host (Lee, par. 23 “transmits the first selection signal S1”) in response to the BMC control chip receiving a sub-system switching instruction (par. 23 “pass on the status”); and the host switches from the first BIOS sub-system to the second BIOS sub-system in response to the host receiving the sub-system switching request instruction (par. 24 “connects the platform controller 100 to the memory 142”). As to claim 6, Lee/Chen discloses the dual BIOS system according to claim 2, wherein the host switches from the first BIOS sub-system to the second BIOS sub-system in response to the host actively performing sub-system switching (Lee, par. 24 “connects the platform controller 100 to the memory 142”). As to claim 7, Lee/Chen discloses the dual BIOS system according to claim 2, wherein the BMC control chip transmits a sub-system switching request instruction to the host in response to the BMC control chip detecting an operating system boot failure (Lee, par. 24 “the booting of the device 100 fails”); and the host switches from the first BIOS sub-system to the second BIOS sub-system in response to the host receiving the sub-system switching request instruction (par. 24 “booting of the electronic device 100 based on the BIOS in the memory 142). Claim 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Chen and further in view of Futral et al (US 20140040605). As to claim 3, Lee/Chen discloses the dual BIOS system according to claim 2, but does not disclose the limitations in claim 3. In the same field of art (peripheral configuration), Futral discloses a data processing system may comprise a primary basic input/output system (BIOS) image in a primary BIOS region and a rollback BIOS image in a rollback BIOS region (abstract). In one embodiment, Futral discloses that, after performing sub-system flash on a first BIOS chip (2A-C, step 334), a controller transmits a sub-system switching request instruction to a host (s336, “set BIOS update flag”), the host switches from the first BIOS sub-system to the second BIOS sub-system in response to the host receiving the sub-system switching request instruction (s320 to s420 “Primary BIOS authentic?”), the controller flashes the second BIOS sub-system on the second BIOS chip in response to a currently running BIOS sub-system being switched from the first BIOS sub-system to the second BIOS sub-system (s430, “copy primary BIOS to rollback partition”), the controller transmits the sub-system switching request instruction to the host in response to flash of the second BIOS sub-system on the second BIOS chip being completed (s432 “clear Rollback flag”) and the host switches from the second BIOS sub-system to the first BIOS sub-system in response to the host receiving the sub-system switching request instruction (s436 to s112). Therefore, 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 teachings of Lee/Chen and Futral, by comprising: wherein after performing sub-system flash on the first BIOS chip, the BMC control chip transmits a sub-system switching request instruction to the host; the host switches from the first BIOS sub-system to the second BIOS sub-system in response to the host receiving the sub-system switching request instruction; the BMC control chip flashes the second BIOS sub-system on the second BIOS chip in response to a currently running BIOS sub-system being switched from the first BIOS sub-system to the second BIOS sub-system; the BMC control chip transmits the sub-system switching request instruction to the host in response to flash of the second BIOS sub-system on the second BIOS chip being completed; and the host switches from the second BIOS sub-system to the first BIOS sub-system in response to the host receiving the sub-system switching request instruction. The motivation is to improve the reliability of the system (par. 11). As to claim 4, Lee/Chen discloses the dual BIOS system according to claim 2, but does not disclose the limitations in claim 4. In the same field of art (peripheral configuration), Futral discloses a data processing system may comprise a primary basic input/output system (BIOS) image in a primary BIOS region and a rollback BIOS image in a rollback BIOS region (abstract). In one embodiment, Futral discloses that, after performing sub-system flash on the first BIOS sub-system on the first BIOS chip (fig. 2A-C, s334 “update primary BIOS”) , the host switches from the first BIOS sub-system to the second BIOS sub-system (s336 “set BIOS Update flag”), the host flashes the second BIOS sub-system on the second BIOS chip () in response to a currently running BIOS sub-system being switched from the first BIOS sub-system to the second BIOS sub-system (s430), and the host switches from the second BIOS sub-system to the first BIOS sub-system (s112 use primary partition) in response to flash of the second BIOS sub-system on the second BIOS chip being completed (s432 “clear rollback flag”, s433 “clear the BIOS update”). Therefore, 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 teachings of Lee/Chen and Futral, by comprising wherein after performing sub-system flash on the first BIOS sub-system on the first BIOS chip, the host switches from the first BIOS sub-system to the second BIOS sub-system; the host flashes the second BIOS sub-system on the second BIOS chip in response to a currently running BIOS sub-system being switched from the first BIOS sub-system to the second BIOS sub-system; and the host switches from the second BIOS sub-system to the first BIOS sub-system in response to flash of the second BIOS sub-system on the second BIOS chip being completed. The motivation is to improve the reliability of the system (par. 11). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Chen and further in view of Wang et al (US 20080288767, Wang). As to claim 8, Lee/Chen discloses the dual BIOS system according to claim 2, wherein the host reads data from the first BIOS chip in response to the host operating normally (Lee, par. 23, “operates normally”); the host transmits a data read instruction to the BMC control chip (par. 33. Note: It requires a read instruction to “boots the device 300 based on the BIOS in memory 342”); the BMC control chip transmits data from the second BIOS chip to the host in response to the BMC control chip receiving the data read instruction (par. 33). Lee/Chen does not disclose other limitations in claim 8. In the same field of art (peripheral configuration), Wang discloses a computer system with a function of automatically restoring, updating a BIOS (par. 8). In one embodiment, Wang discloses a host performs data check on the data from the first BIOS chip (s510) and the data from the second BIOS chip (s512) and performs data synchronization on the first BIOS chip and the second BIOS chip based on a data check result (s511, s513). Therefore, 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 teachings of Lee/Chen and Wang, by configuring the host to perform data check on the data from the first BIOS chip and the data from the second BIOS chip and to perform data synchronization on the first BIOS chip and the second BIOS chip based on a data check result. The motivation is to improve the reliability of the system (par 7). Allowable Subject Matter Claims 9-18, 34-35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEAN PHAN whose telephone number is (571)270-1002. The examiner can normally be reached Mon-Fri, 7:00AM-4:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henry Tsai can be reached at 571-272-4176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.P/Examiner, Art Unit 2184
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Prosecution Timeline

Jun 20, 2025
Application Filed
Feb 24, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
88%
With Interview (+14.2%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 509 resolved cases by this examiner. Grant probability derived from career allow rate.

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