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 .
DETAILED ACTION
This office action is in response to the filing of Patent Application 19270796.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 5, the limitation “the rescue update task is related to a to-be-re-updated target component is the plurality of components” is unclear because it is not known the connecting or relationship “related to” has regarding the task and the to-be-re-updated component.
Regarding claims 1 and 5, the limitation “to limit driving of the terminal device” is unclear because this is unbounded and an undefine degree term.
Regarding claim 9, the limitation “to limit driving of the terminal device” is unclear because this is unbounded and an undefine degree term.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 is the same as Claim 17 with same base claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by. English translation of CN115437663A herein referred to as Beijing.
Regarding claim 1,
Beijing teaches the device rescue method, comprising:
sending first information to a server, wherein the first information comprises update failure information of a plurality of components in a terminal device; (See page 11-12, Beijing teaches sending a update failure from the terminal to the cloud server)
receiving second information from the server to trigger a rescue update task of the terminal device, wherein the rescue update task is related to a to- be-re-updated target component in the plurality of components; (See page 11-12, Beijing teaches sending the strategy from the server to the terminal for upgrade after failure)
executing a strategy corresponding to the rescue update task, to limit driving of the terminal device; and (See pages 11-12, 13, Beijing teaches strategizing different modules that need to be updated and then updating them )
re-updating the target component. See page 11, 13, Beijing teaches carrying out the upgrades)
Regarding claim 2,
Beijing teaches the method according to claim 1, wherein the strategy comprises at least one of: performing a high-voltage turn-off operation, or ignoring a precondition check on the terminal device, and wherein the precondition comprises at least one of: a power check of the terminal device, or a power supply check of the terminal device. See page 9-10, Beijing)
Regarding claim 3,
Beijing teaches the method according to claim 1, wherein the target component
comprises at least one of the following: a power component of the first-terminal device, and or a power supply component of the first-terminal device. See page 9-10, Beijing)
Regarding claim 4,
Beijing teaches the method according to claim 1, wherein after the re-updating the target component, the method further comprises: sending third information to the server, wherein the third information indicates that the target component is successfully updated. (See page 14, Beijing teaches reason for the failure based on the tag data)
Claims 5-8 list all the same elements of claims 1-4, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claims 1-4 applies equally as well to claims 5-8.
Regarding claim 9,
Beijing teaches a server, wherein the server comprises:
a receiver, configured to receive first information from a first terminal device, wherein the first information comprises update failure information of a plurality of components in the first terminal device; (See page 11-12, Beijing teaches sending a update failure from the terminal to the cloud server where it is recived)
a processor, configured to determine a to-be-re-updated target component in the plurality of components based on the first information, wherein (See page 11-12, Beijing teaches determining and sending the strategy from the server to the terminal for upgrade after failure)
the processor further configured to determine a rescue update task of the target component; and (See pages 11-12, 13, Beijing teaches strategizing different modules that need to be updated and then updating them )
a transmitter, configured to send second information to the first terminal device, to trigger the first terminal device to execute a strategy corresponding to the rescue update task to limit driving of the first terminal device. See page 11, 13, Beijing teaches carrying out the upgrades based on the strategy sent)
Regarding claim 10,
Beijing teaches the server according to claim 9, wherein the processor is further configured to determine an update failure level of the target component, and wherein the processor is configured to,if a preset condition is met, determine the rescue update task based on the update failure level, wherein the preset condition comprises that the update failure level is a target level. (See page 14, Beijing teaches reason for the failure based on the tag data)
Regarding claim 11,
Beijing teaches the server according to claim 10, wherein the preset condition further comprises that the target component comprises at least one of: a power component of the first terminal device, or a power supply component of the first terminal device. (See page 12-13, Beijing teaches executing the strategy)
Regarding claim 12,
Beijing teaches the server according to claim 9, wherein the receiver is further configured to receive third information from the first terminal device, wherein the third information indicates that the target component is successfully updated. (See page 14, Beijing teaches reason for the failure based on the tag data)
Regarding claim 13,
Beijing teaches the server according to claim 12, wherein the transmitter is further configured to send first prompt information to a second terminal device, wherein the first prompt information indicates that the server plans to deliver the rescue update task to the second terminal device. (See page 14, Beijing teaches reason for the failure based on the tag data and sending strategy to update)
Regarding claim 14,
Beijing teaches the server according to claim 13, wherein the receiver is further configured to receive enabling information from the second terminal device to enable a function of the rescue update task. (See page 12-13, Beijing teaches executing the strategy to update)
Regarding claim 15,
Beijing teaches the server according to claim 14, wherein the function triggers at least one of: delivering the rescue update task, executing the strategy, re-updating the target component, or reporting a re-update success. (See page 12-13, Beijing teaches executing the strategy)
Regarding claim 16,
Beijing teaches the server according to claim 11, wherein the server comprises an over-the-air (OTA) server. (See page 5, Beijing teaches OTA server)
Regarding claim 17,
Beijing teaches the server according to claim 10, wherein the update failure level corresponds to failure information comprising at least one of: a failure category, a flashing failure phase, or an impact of the flashing failure phase. (See page 12, Beijing teaches failure category/reason)
Regarding claim 18,
Beijing teaches the server according to claim 10, wherein the update failure level corresponds to failure information comprising at least one of: a failure category, a flashing failure phase, or an impact of the flashing failure phase. (See page 12, Beijing teaches failure category/reason)
Regarding claim 19,
Beijing teaches the method according to claim 1, wherein the target component is associated with an update failure level that is a target level. See page 14, Beijing teaches reason for the failure based on the tag data)
Regarding claim 20,
Beijing teaches the device according to claim 5, wherein the target component is associated with an update failure level that is a target level. (See page 14, Beijing teaches reason for the failure based on the tag data)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and located in the PTO-892 form.
1.Li, U.S. Patent 11722490, teaches a data access processing method for an industrial Internet cloud service platform, comprising an industrial device with data to be accessed transmits a data access request to a data processing unit of the platform, and meanwhile uploads a device identifier capable of identifying the industrial device with data to be accessed, the data processing unit retrieves a data upload authentication tag matching the data to be accessed from a traceability unit according to the data access request, and a corresponding access strategy is selected for processing according to the data upload authentication tag, device representation, and the data access request. The data to be accessed can be processed flexibly and intelligently according to requirements of a data owner and an actual operation condition of the platform; and during data processing, various resources of the platform can be well regulated and controlled to process the data to be accessed.
2. Latorre, U.S. Patent App 20210021423, teaches a procedure of unified registration and universal identification in any territory of spatially locatable objects, in order to achieve interoperability between objects or spatial locations, different types of computing systems, the procedure comprising: generation of a unique and non-transferable identifier for each connected, smart and spatial object device, in the URN UUID, OID and DID formats, without discarding others; creation of a DID document associated with the generated identifier; association of different identifiers of the object and of the user/owner; assignment of permissions, roles and creation of access control list (ACL); creation of encryption keys associated with the ACL; save in the DID document both data, service identifiers and other associated identifiers, as well as necessary permissions for accessing to object data; digital fingerprint generation of the DID document using hash; associated data and hash storage in the system and in one or more DLTs or blockchain networks.
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/NINOS DONABED/Primary Examiner, Art Unit 2444
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