Ex Parte Ballai - Page 2

                 Appeal 2007-2149                                                                                        
                 Application 10/224,099                                                                                  

                                                  INTRODUCTION                                                           
                        The claims relate to a system and method for automatically updating a                            
                 firmware program in the non-volatile memory of a portable card (e.g., a                                 
                 wireless radio card).  (Abstract.)  Claim 1 is illustrative:                                            
                 1.  A method for automatically updating a firmware program,                                             
                 comprising the steps of:                                                                                
                 (a) determining, during an initialization process of a portable card by a                               
                 software driver for the portable card, a first version of the firmware program,                         
                 the first version being currently stored in a non-volatile memory of the card,                          
                 the card being connected to a computing device;                                                         
                 (b) comparing the first version with a second version of the firmware                                   
                 program;                                                                                                
                 (c) automatically updating the first version with the second version in                                 
                 the non-volatile memory if the second version is a subsequent version of the                            
                 firmware program, wherein the software driver automatically updates the                                 
                 firmware program independently of a further software application for the                                
                 portable card; and                                                                                      
                 (d) after step (c), activating the card using the second version.                                       
                                                                                                                        
                        The Examiner relies on the following prior art references to show                                
                 unpatentability:                                                                                        
                 Beaverton   US 5,210,854  May 11, 1993                                                                  
                 Krishan   US 5,822,692  Oct. 13, 1998                                                                   
                 Salgado   US 2002/0067504 A1 Jun. 6, 2002                                                               
                        The rejections as presented by the Examiner are follows:                                         
                     1. Claims 1-19 are rejected under 35 U.S.C § 103(a) as unpatentable                                 
                        over Krishan and Salgado.                                                                        

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