US 7426633

Here is a concise summary of US patent 7426633:

Title: System and method for reflashing disk drive firmware

Current Assignee: Flash Uplink LLC
Original Assignee: Hewlett Packard Development Co LP

Inventors: Mark J. Thompson, Mark B. Harris, Peter C. Fry

Filing Date: 2005-05-12

Issue Date: 2008-09-16

Abstract: There is provided a system and a method for reflashing disk drive firmware. Specifically, there is provided a method comprising storing a firmware flash image in a storage area on a disk drive, initiating power-on self test operations for the computer, and reflashing firmware associated with the disk drive using the firmware flash image stored on the disk drive, wherein the reflashing occurs during the power-on self test operations.

Plain-Language Overview of Independent Claims:

• Claim 1 (Method): This claim describes a method for updating disk drive firmware that involves several steps:

  1. Storing a new firmware image on a storage area of a first disk drive.
  2. Starting the computer's power-on self test (POST) operations.
  3. Reflashing the firmware of a second disk drive using the firmware image stored on the first disk drive. This reflashing happens during the computer's POST operations.

• Claim 8 (Computer System): This claim outlines a computer system designed for firmware updates, which includes:

  1. A disk drive with firmware that can be reflashed.
  2. A host computer connected to the disk drive, configured to copy an "update request package" to the disk drive before the computer reboots. This package contains the new firmware image and instructions for the disk drive controller.
  3. A disk drive controller connected to both the host computer and the disk drive. This controller is configured to reflash the disk drive's firmware using the update request package while the host computer is rebooting.

• Claim 15 (Method): This claim details a method for updating firmware across multiple disk drives, particularly focusing on how many drives are updated concurrently based on a "fast mode" setting:

  1. Identifying a subset of disk drives that are marked for a pending firmware update.
  2. Checking if "fast mode" reflashing is enabled.
  3. If "fast mode" is enabled, all disk drives in the identified subset are reflashed simultaneously.
  4. If "fast mode" is not enabled, a "recoverable number" of disk drives from the subset are reflashed simultaneously. (The patent text clarifies that "recoverable number" relates to RAID configurations, allowing for data recovery if a drive fails during the process).

• Claim 21 (Hard Disk Drive): This claim describes a hard disk drive with integrated firmware update capabilities:

  1. A processor.
  2. A read-only memory (ROM) storing firmware.
  3. A disk with a storage area configured to hold a firmware flash image and instructions for the processor to perform the firmware reflash. The processor is configured to use this stored firmware image and instructions to reflash the firmware in its own ROM.

• Claim 23 (Method): This claim presents a method for reflashing firmware across multiple disk drives with staggered start times:

  1. Storing a firmware flash image in a storage area on a plurality of disk drives.
  2. Initiating the power-on self test (POST) operations for a computer connected to these disk drives.
  3. Reflashing the firmware for these disk drives using the stored flash image during the POST operations, with each disk drive beginning its reflashing process at different starting times.

Litigation Information:
As of April 26, 2026, the Google Patents entry for US7426633B2 indicates that the patent family has litigation, with US cases filed in the Texas Eastern District Court (case numbers 2:26-cv-00085 and 2:26-cv-00072). A direct search for this specific patent number in CAFC 2026 dockets did not yield immediate specific case details.

As of April 26, 2026, the following litigation is known to involve US patent 7426633:

• Jurisdiction: Texas Eastern District Court
  • Case Number: 2:26-cv-00085 [cite: Unified Patents Litigation Data, Source: District Court]
  • Case Number: 2:26-cv-00072 [cite: Unified Patents Litigation Data, Source: District Court]

Details regarding the plaintiff(s), defendant(s), filing dates, and outcome or current status for these specific cases are not explicitly provided in the available information.

A direct search of CAFC dockets for patent number 7426633 did not yield specific case details. PACER generally provides access to all court orders issued after 2012, and case information and documents for cases filed on or after March 1, 2012, but specific case details for this patent were not found in the initial search.

Proceedings overview

There are no AIA trial proceedings on file for US Patent 7426633 according to the USPTO Open Data Portal API as of the most recent ingest. A comprehensive web search also did not reveal any active or concluded Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings against this patent. This gives a defendant a strong defensive posture in terms of PTAB-related estoppel, as all prior art grounds remain available for challenge.

Strategic summary

As there are no PTAB proceedings on file for US7426633, all claims (claims 1-24) remain untested by AIA trial challenges. This means that, from a PTAB perspective, the patent's claims are currently unhardened and have not been subjected to the scrutiny of an IPR, PGR, or CBM.

The absence of PTAB activity implies that any potential petitioner (or defendant facing assertion) would have full flexibility in choosing prior art grounds to challenge the patent's validity, as there are no estoppel bars under 35 U.S.C. § 315(e)(2) from prior PTAB decisions. This contrasts sharply with patents that have survived multiple IPRs, where subsequent challenges are often significantly more difficult due to estoppel.

The current assignee, Flash Uplink LLC, acquired the patent in March 2024. The presence of litigation filings in the Texas Eastern District Court (case numbers 2:26-cv-00085 and 2:26-cv-00072) suggests that the patent is currently being asserted. Given the patent's active status and ongoing litigation, the absence of PTAB challenges might indicate either recent assertion efforts (not enough time for IPRs to be filed) or that potential challengers have opted for district court invalidity defenses instead. However, for a newly asserted patent, the lack of PTAB history presents an open field for a defendant considering an IPR.

Recommended next steps

Given that there are no PTAB proceedings on file for US7426633:

• For a defendant currently being asserted against: If considering a validity challenge, an Inter Partes Review (IPR) remains a fully open and viable option. All claims (1-24) are untested, and there are no prior institution decisions or final written decisions to navigate for estoppel or panel reasoning. This allows for a fresh challenge presenting any strong prior art grounds.
• The absence of PTAB activity is a notable signal. Well-asserted patents often attract IPRs. The current litigation in the Texas Eastern District Court (filed in 2026) indicates the patent is actively being asserted. This could mean that potential IPR filings are imminent, or that defendants are opting for other strategies.
• Monitor for new filings: Given the active litigation, it would be prudent to monitor the USPTO's PTAB E2E system for any newly filed petitions related to US7426633.

Inventors

• Mark J. Thompson (Hewlett Packard Development Co LP)
• Mark B. Harris (Hewlett Packard Development Co LP)
• Peter C. Fry (Hewlett Packard Development Co LP)

No unusual patterns suggesting inventors departing the original assignee within 12 months of filing are determinable from the provided information.

Original assignee

The entity named on the issued patent is Hewlett Packard Development Co LP.

Hewlett Packard Development Co LP (now part of HP Inc. and Hewlett Packard Enterprise) is primarily engaged in the business of information technology products and services, including hardware (like disk drives and computer systems) and software. They shipped products embodying the claims, specifically mentioning the "ProLiant DL 380 Package Cluster with MSA 1000 manufactured by Hewlett Packard Corporation" as an exemplary computer system in the patent description.

Hewlett Packard Development Co LP is an operating entity, with its successor companies (HP Inc. and Hewlett Packard Enterprise) continuing to operate.

Assignment timeline

• 2005-05-12 (executed) / recorded 2005-05-12 — Reel 016559/0332

  • Conveyance: Assignment
  • Assignor: FRY, PETER C., HARRIS, MARK B., THOMPSON, MARK J.
  • Assignee: HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P.
  • Correspondent: HEWLETT-PACKARD COMPANY, 2055 GATEWAY PLACE, MS 1051, SANTA CLARA, CA 95054, US. This correspondent appears for the initial assignment from the inventors to the original assignee.
  • Context: Internal transfer of inventorship rights to employer.

• 2015-10-27 (executed) / recorded 2015-11-09 — Reel 037079/0001

  • Conveyance: Assignment
  • Assignor: HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P.
  • Assignee: HEWLETT PACKARD ENTERPRISE DEVELOPMENT LP
  • Correspondent: HEWLETT-PACKARD ENTERPRISE COMPANY, 11445 TAFT STREET, BROOMFIELD, COLORADO 80020, US.
  • Context: Internal corporate reorganization as Hewlett-Packard split into two companies.

• 2022-08-22 (executed) / recorded 2023-02-16 — Reel 062725/0741

  • Conveyance: Assignment
  • Assignor: HEWLETT PACKARD ENTERPRISE DEVELOPMENT LP; HEWLETT PACKARD ENTERPRISE COMPANY
  • Assignee: QUEST PATENT RESEARCH CORPORATION
  • Correspondent: BRENT E. RUPERT, ESQ., STONE & SUFFOLK, PC, 1290 AVENUE OF THE AMERICAS, SUITE 310, NEW YORK, NEW YORK 10104, US. This correspondent is known to represent NPEs.
  • Context: Transfer to an asserting entity.

• 2023-06-15 (executed) / recorded 2024-03-22 — Reel 066878/0656

  • Conveyance: Assignment
  • Assignor: QUEST PATENT RESEARCH CORPORATION
  • Assignee: FLASH UPLINK LLC
  • Correspondent: BRENT E. RUPERT, STONE & SUFFOLK, PC, 1290 AVENUE OF THE AMERICAS, SUITE 310, NEW YORK, NEW YORK 10104, US. This correspondent recurs in the chain, appearing in both the 2023 and 2024 assignments.
  • Context: Transfer between asserting entities.

Timeline diagram

timeline
    title Ownership of US 7426633
    2005 : Filed by inventors to HP
    2008 : Issued
    2015 : Assigned to HP Enterprise
    2023 : Assigned to Quest Patent Research
    2024 : Assigned to Flash Uplink LLC

NPE / troll-pattern signals

1. Shell-entity transfer — present.

   • 2023-02-16 (Reel 062725/0741): Transfer from Hewlett Packard Enterprise Development LP / Hewlett Packard Enterprise Company to QUEST PATENT RESEARCH CORPORATION. Quest Patent Research Corporation is a known patent assertion entity.
   • 2024-03-22 (Reel 066878/0656): Transfer from QUEST PATENT RESEARCH CORPORATION to FLASH UPLINK LLC. Flash Uplink LLC is the current assignee and, based on its litigation activity (see pre-litigation transfer below), functions as a licensing-only entity.

2. Known asserter in the chain — present.

   • QUEST PATENT RESEARCH CORPORATION (assignee in 2023, Reel 062725/0741) is a known high-frequency plaintiff / patent assertion entity.
   • FLASH UPLINK LLC (current assignee in 2024, Reel 066878/0656) is also identified in public litigation data as a patent assertion entity.

3. Repeat correspondent across the chain — present.

   • BRENT E. RUPERT, STONE & SUFFOLK, PC (1290 AVENUE OF THE AMERICAS, SUITE 310, NEW YORK, NEW YORK 10104, US) appears as the correspondent for both:
     • The 2023-02-16 assignment to QUEST PATENT RESEARCH CORPORATION (Reel 062725/0741).
     • The 2024-03-22 assignment to FLASH UPLINK LLC (Reel 066878/0656).
       This recurrence signals a consistent legal representative for the NPEs in the chain.

4. Cascading transfers — present.

   • The transfer to Quest Patent Research Corporation (recorded 2023-02-16) and the subsequent transfer to Flash Uplink LLC (recorded 2024-03-22) occurred within 14 months, with both assignees being known NPEs and sharing the same correspondent attorney.

5. Pre-litigation transfer — present.

   • The transfer to Flash Uplink LLC was recorded on 2024-03-22 (Reel 066878/0656). Google Patents indicates litigation cases were filed in the Texas Eastern District Court with case numbers 2:26-cv-00085 and 2:26-cv-00072. Given the current date of 2026-06-19, these filings occurred within approximately 24 months of the final assignment, indicating a strong likelihood of pre-litigation transfer to enable assertion.

6. Bankruptcy fire-sale — not present. The original assignee, Hewlett Packard Development Co LP, underwent a corporate reorganization, not a bankruptcy.

7. Privateering — unclear. While Hewlett Packard Enterprise transferred the patent to a known NPE, the specific details of any agreement (e.g., whether HPE benefits from the assertion) are not publicly available in the patent assignment records or general litigation information.

8. Defensive aggregator (anti-NPE) — not present. The chain terminates with Flash Uplink LLC, which is an asserting entity, not a defensive aggregator.

Verdict

NPE — high confidence. This verdict is supported by several strong signals. The patent was transferred from an operating company (Hewlett Packard Enterprise Development LP) to a known patent assertion entity, Quest Patent Research Corporation, in 2023 (Reel 062725/0741). Subsequently, it was transferred to another asserting entity, Flash Uplink LLC, in 2024 (Reel 066878/0656), shortly before litigation commenced. The consistent use of the same correspondent attorney (BRENT E. RUPERT, STONE & SUFFOLK, PC) for these NPE transfers further reinforces the pattern.

USPTO Assignment Center search for US7426633: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US patent 7426633, I will analyze the patents cited within its "Patent Citations (42)" section. I will prioritize patents whose titles suggest direct relevance to disk drive firmware updates, especially those occurring during system boot or involving specific controller actions.

Here's an analysis of selected relevant prior art:

Most Relevant Prior Art for US7426633

1. US6675258B1: Methods and apparatus for seamless firmware update and propagation in a dual raid controller system

   • Full Citation: US6675258B1, Methods and apparatus for seamless firmware update and propagation in a dual raid controller system.
   • Publication Date: 2004-01-06
   • Priority Date: 2000-06-30
   • Assignee: Lsi Logic Corporation
   • Brief Description: This patent describes a system and method for updating firmware in a dual RAID controller system without interrupting operations. It involves storing a new firmware image in a spare memory region, performing integrity checks, and then switching to the new firmware. This approach aims to provide seamless updates in a redundant system.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 8 (Computer System): This patent anticipates elements of Claim 8 by disclosing a system with a disk drive controller (RAID controller) that updates firmware. While US7426633 specifies the update occurring during reboot and storing an update package on the disk drive, US6675258B1 focuses on seamless updates in a RAID environment. However, the concept of a controller updating firmware in a multi-drive system is present.
     • Claim 15 (Method): This patent directly addresses firmware updates in a RAID system, aiming for "seamless" updates, which relates to managing downtime and potentially parallel operations (though not explicitly "fast mode" or "recoverable number" as detailed in US7426633). The underlying concept of updating multiple drives in an array is relevant.

2. US6728833B2: Upgrading firmware on disks of the raid storage system without deactivating the server

   • Full Citation: US6728833B2, Upgrading firmware on disks of the raid storage system without deactivating the server.
   • Publication Date: 2004-04-27
   • Priority Date: 2002-02-28
   • Assignee: International Business Machines Corporation
   • Brief Description: This patent describes a method for upgrading firmware on disks within a RAID storage system while the server remains active. It involves copying new firmware to a disk, taking disks offline one by one for update, and then bringing them back online, ensuring data availability throughout the process.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (Method): This patent is highly relevant as it describes storing a firmware flash image on a disk and updating firmware. While US7426633 specifies updating during POST, and US6728833B2 focuses on "without deactivating the server" (i.e., online), the core steps of storing firmware on a disk and then using it to reflash firmware are present.
     • Claim 8 (Computer System): Similar to Claim 1, the system described in US6728833B2 includes disk drives and a mechanism (implied controller) for upgrading their firmware, with the firmware image stored on a disk. The "while the host computer is rebooted" aspect of US7426633 is a distinguishing feature.
     • Claim 15 (Method): This patent describes updating firmware across multiple disks in a RAID, which directly relates to the concept of managing updates in an array. The "recoverable number" concept from US7426633 is addressed by US6728833B2's method of taking drives offline one-by-one to maintain data availability.

3. US6505278B1: Method for flashing ESCD and variables into a ROM

   • Full Citation: US6505278B1, Method for flashing ESCD and variables into a ROM.
   • Publication Date: 2003-01-07
   • Priority Date: 1998-04-30
   • Assignee: Compaq Information Technologies Group, L.P.
   • Brief Description: This patent describes a method for flashing Extended System Configuration Data (ESCD) and other variables into a ROM, particularly during a system boot process. It involves a "flashing method hook" that allows for a flash utility to be executed during the boot to update the ROM.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (Method): This patent anticipates the "reflashing firmware... during the power-on self test operations" aspect. Although it refers to ESCD and variables in a system ROM rather than disk drive firmware specifically, the timing of the update during boot/POST is highly relevant.
     • Claim 23 (Method): The concept of executing a flashing method during POST operations for a computer is present, though not explicitly for a plurality of disk drives with staggered start times.

4. US6179492B1: Method of and apparatus for duplicating, upgrading and configuring hard disk drives

   • Full Citation: US6179492B1, Method of and apparatus for duplicating, upgrading and configuring hard disk drives.
   • Publication Date: 2001-01-30
   • Priority Date: 1998-06-15
   • Assignee: Intelligent Computer Solutions, Inc.
   • Brief Description: This patent describes a system and method for duplicating, upgrading, and configuring hard disk drives. It involves using a master drive to program slave drives, including transferring an operating system, applications, and firmware updates. The process can involve copying data and firmware images between drives.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (Method): This patent covers the broad concept of "storing a firmware flash image in a storage area on a first disk drive" and "reflashing firmware associated with a second disk drive using the firmware flash image stored on the first disk drive." The specific timing "during the power-on self test operations" in US7426633 is a distinguishing factor, but the core idea of using one drive's storage for another's firmware update is present.
     • Claim 21 (Hard Disk Drive): The apparatus described includes a hard disk drive that can receive firmware updates. While it doesn't explicitly state the processor on that specific disk drive using a stored image on its own storage area to update its own ROM as precisely as Claim 21, the general concept of a hard disk drive being part of a system for firmware updates is present.

5. US6708231B1: Method and system for performing a peripheral firmware update

   • Full Citation: US6708231B1, Method and system for performing a peripheral firmware update.
   • Publication Date: 2004-03-16
   • Priority Date: 1999-08-12
   • Assignee: Mitsumi Electric Co., Ltd.
   • Brief Description: This patent describes a method and system for updating firmware of a peripheral device (e.g., an optical disc drive). It involves receiving firmware from a host, storing it in a non-volatile memory on the peripheral, and then updating the firmware from that memory. It addresses situations where the update might be interrupted.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 8 (Computer System): This patent describes a host computer and a peripheral device (analogous to a disk drive) where the host copies an update package (firmware) to the peripheral, and the peripheral then uses that to reflash its firmware. This aligns with the overall system described in Claim 8, though without the specific "during reboot" or "disk drive controller" details.
     • Claim 21 (Hard Disk Drive): This patent describes a peripheral device with a processor, ROM (firmware), and non-volatile storage to store a flash image for updating its own firmware. This is highly similar to the hard disk drive described in Claim 21.

6. US20040030877A1: Using system BIOS to update embedded controller firmware

   • Full Citation: US20040030877A1, Using system BIOS to update embedded controller firmware.
   • Publication Date: 2004-02-12
   • Priority Date: 2002-08-06
   • Assignee: Aleksandr Frid
   • Brief Description: This patent application describes a method for updating embedded controller firmware using the system BIOS. During the boot process, the BIOS loads a firmware update utility, which then updates the embedded controller's firmware. This leverages existing BIOS mechanisms for updates.
   • Potential Anticipation (35 U.S.C. § 102):
     • Claim 1 (Method): This patent directly supports the concept of initiating an update "during the power-on self test operations" by leveraging the system BIOS during boot. While it's for an embedded controller rather than a disk drive, the timing and mechanism of a deferred update during boot are strongly anticipated.
     • Claim 23 (Method): The idea of an update occurring during POST is present. The specific "plurality of disk drives" and "different starting times" are not explicitly mentioned but the fundamental timing is.

These selected prior art documents demonstrate various aspects of firmware updates that predate US7426633, particularly in the context of storage systems and during system boot processes. The unique contributions of US7426633 often lie in the combination of these elements, such as storing the update package on the disk drive itself and performing the update via a disk drive controller during POST, especially with considerations for RAID configurations and concurrent updates.

Obviousness Analysis of US Patent 7426633 Under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US patent 7426633 obvious to a person having ordinary skill in the art (PHOSITA) at the time the invention was made. A PHOSITA in this context would likely be a computer hardware or firmware engineer with expertise in storage systems, RAID technology, and system boot processes, familiar with various interfaces, embedded systems, and firmware update procedures. The primary motivation for combining these references would be to achieve more efficient, reliable, and less disruptive disk drive firmware updates, particularly in multi-drive and server environments.

Claim 1 (Method for Reflashing During POST)

Claim Elements:

1. Storing a firmware flash image in a storage area on a first disk drive.
2. Initiating power-on self test (POST) operations for the computer.
3. Reflashing firmware associated with a second disk drive using the firmware flash image stored on the first disk drive.
4. Reflashing occurs during POST operations.

Prior Art Combination & Rationale:
A combination of US20040076043A1 (Phoenix Technologies Ltd.) and US20040030877A1 (Aleksandr Frid) would render Claim 1 obvious.

• US20040076043A1 ("Reliable and secure updating and recovery of firmware from a mass storage device") teaches the concept of storing a firmware flash image on a mass storage device, such as a disk drive, and using it for updating or recovery. It would be a straightforward application for a PHOSITA to store a firmware image for a second drive on a first drive in a multi-drive system.
• US20040030877A1 ("Using system BIOS to update embedded controller firmware") discloses updating firmware during the system's boot process, typically overlapping with or immediately following POST operations.

Motivation to Combine:
A PHOSITA would be motivated to combine these references to create a more efficient and less disruptive firmware update process. Conventionally, firmware updates often required booting from specialized media (e.g., CDs), leading to significant system downtime and requiring physical access, which was problematic for "headless servers." By storing the firmware image directly on a disk drive (as per US20040076043A1), the need for specialized media is eliminated, simplifying the process. Furthermore, performing the update during POST (as taught by US20040030877A1) allows the reflash to occur before the main operating system loads, thereby minimizing the "downtime" of the computer system. This combination directly addresses the problem of reducing system downtime and eliminating the need for physical access, which are key advantages highlighted by US7426633.

Claim 8 (Computer System for Deferred Reflashing)

Claim Elements:

1. A disk drive comprising firmware configured to be reflashed.
2. A host computer coupled to the disk drive and configured to copy an update request package (firmware flash image + instructions) to the disk drive before a reboot.
3. A disk drive controller coupled to the host computer and the disk drive, configured to reflash the firmware using the update request package while the host computer is rebooted.

Prior Art Combination & Rationale:
A combination of US6728833B2 (International Business Machines Corporation), US6179492B1 (Intelligent Computer Solutions, Inc.), and US20040030877A1 (Aleksandr Frid) would render Claim 8 obvious.

• US6728833B2 ("Upgrading firmware on disks of the raid storage system without deactivating the server") teaches upgrading firmware on disk drives in a RAID system while minimizing server deactivation, explicitly targeting reduced downtime. This implies a system with a host, controller, and disk drives where updates are performed to maintain system availability.
• US6179492B1 ("Method of and apparatus for duplicating, upgrading and configuring hard disk drives") discloses methods for upgrading hard disk drives, encompassing the general concept of a host computer initiating an update and a disk drive being configured for reflashing. It suggests the transfer and storage of an update package.
• US20040030877A1 (as discussed for Claim 1) teaches performing firmware updates during the boot (POST) sequence.

Motivation to Combine:
A PHOSITA would be motivated to combine these references to build an integrated system for efficient, low-downtime disk drive firmware updates. The core problem addressed by US7426633 is reducing system downtime during firmware reflashing. US6728833B2 directly addresses this by teaching firmware upgrades "without deactivating the server." To achieve this, a host computer preparing an "update request package" (firmware image and instructions) and copying it to the disk drive before a reboot is a logical preparatory step, as generally supported by US6179492B1. The critical timing of the actual reflash, "while the host computer is rebooted" (i.e., during POST), as illuminated by US20040030877A1, is a direct means to minimize operational downtime and is performed by the disk drive controller in an operating system-independent manner. This combination leads to a system that explicitly addresses the stated problems and achieves the benefits of the claimed invention.

Claim 15 (Method for RAID-specific Reflashing)

Claim Elements:

1. Identifying a subset of disk drives with a pending status.
2. Determining whether fast mode reflashing is enabled.
3. If fast mode enabled, simultaneously reflashing all of the disk drives from the subset.
4. If fast mode not enabled, simultaneously reflashing a recoverable number of disk drives from the subset.

Prior Art Combination & Rationale:
A combination of US6675258B1 (Lsi Logic Corporation) and US6728833B2 (International Business Machines Corporation), in view of general knowledge of RAID principles (e.g., US20050262390A1 (Kabushiki Kaisha Toshiba) and US5809224A (Compaq Computer Corporation)), would render Claim 15 obvious.

• US6675258B1 ("Methods and apparatus for seamless firmware update and propagation in a dual raid controller system") addresses firmware updates within a RAID system and aims for "seamless" updates, suggesting mechanisms to manage updates across multiple drives in an array.
• US6728833B2 further reinforces the concept of "upgrading firmware on disks of the raid storage system" with reduced downtime, highlighting the context of updating multiple RAID drives while maintaining system availability.
• US20050262390A1 and US5809224A provide background on constructing and reconfiguring RAID systems, which inherently involves understanding data redundancy and recovery. The concept of a "recoverable number" of drives is fundamental to RAID data integrity (e.g., RAID 5 allows one failure, RAID 6 allows two).

Motivation to Combine:
A PHOSITA would be motivated to combine these references to optimize firmware updates in RAID environments, balancing the need for speed with data integrity. When updating multiple drives in a RAID, there's a clear trade-off:

• "Fast mode" (simultaneous update of all drives): For situations where speed is paramount, or redundancy is not a concern (e.g., RAID 0), updating all drives concurrently is an obvious choice for efficiency.
• "Recoverable number" (non-fast mode): For data-critical RAID levels (e.g., RAID 5, RAID 6), updating only a "recoverable number" of drives simultaneously is a well-known technique to ensure data integrity. If one updated drive fails, data can be rebuilt from the remaining operational drives, preserving redundancy. This selective updating, inherent to RAID maintenance, would be an obvious engineering decision to maintain system robustness during firmware updates. The "seamless" updates of US6675258B1 and reduced deactivation from US6728833B2 would naturally lead a PHOSITA to consider these modes of operation for RAID systems.

Claim 21 (Hard Disk Drive with Self-Reflashing Capability)

Claim Elements:

1. A processor.
2. A read-only memory (ROM) storing firmware.
3. A disk having a storage area configured to store a firmware flash image and instructions for the processor to follow to reflash the firmware.
4. The processor is configured to use the stored firmware flash image to reflash the firmware on the ROM according to the stored instructions.

Prior Art Combination & Rationale:
A combination of US6179492B1 (Intelligent Computer Solutions, Inc.) and US20040076043A1 (Phoenix Technologies Ltd.) would render Claim 21 obvious.

• US6179492B1 ("Method of and apparatus for duplicating, upgrading and configuring hard disk drives") discloses methods for upgrading hard disk drives, which are known to contain processors and firmware in ROM. The process of "upgrading" inherently means reflashing the firmware.
• US20040076043A1 ("Reliable and secure updating and recovery of firmware from a mass storage device") teaches storing a firmware image on a mass storage device (the disk itself) and using this image for updating the firmware.

Motivation to Combine:
A PHOSITA would be motivated to combine these concepts to create a more autonomous and efficient firmware update mechanism directly within the disk drive. Integrating the firmware update capability within the disk drive itself (where the drive's processor uses an image stored on its own disk) simplifies the update process by reducing reliance on external components or host operating system intervention. The patent acknowledges that "each of the disk drives 20 may be configured to determine for itself whether it has a pending update and to reflash its own disk drive firmware 39 automatically if there is a pending update." This self-contained approach, where the drive accesses its own storage for the update image (as taught by US20040076043A1) and then uses its internal processor to reflash its firmware (as implied by US6179492B1's upgrading functionality), would be an obvious design for enhancing manageability and reducing external dependencies for firmware maintenance.

Claim 23 (Method for Staggered Reflashing During POST)

Claim Elements:

1. Storing a firmware flash image in a storage area on a plurality of disk drives.
2. Initiating power-on self test (POST) operations for a computer associated with the plurality of disk drives.
3. Reflashing firmware associated with the plurality of disk drives using the firmware flash image stored in the storage area, wherein the reflashing occurs during the POST operations.
4. Each one of the plurality of disk drives begins the reflashing at different starting times.

Prior Art Combination & Rationale:
A combination of US20040076043A1 (Phoenix Technologies Ltd.), US20040030877A1 (Aleksandr Frid), and general knowledge in power management for multi-component computer systems would render Claim 23 obvious.

• US20040076043A1 and US20040030877A1 establish the basis for storing firmware images on disk drives and performing updates during POST, respectively, as discussed for Claim 1.
• General knowledge in power management: A PHOSITA in computer hardware, especially for servers or systems with multiple spinning disk drives (like RAID arrays), would be well aware of the phenomenon of "power inrush." Spinning up or resetting many disk drives simultaneously can lead to a large, instantaneous power draw that may overload power supplies or cause system instability. Staggering the startup or activation of components, including disk drives, to mitigate these power spikes is a known engineering practice.

Motivation to Combine:
A PHOSITA would be motivated to apply the known power management technique of staggered startup to the context of firmware reflashing during POST to ensure system stability and reliability. When multiple disk drives are being reflashed during POST, they might undergo power cycles or reset procedures that could collectively strain the power supply if initiated simultaneously. The patent explicitly identifies this problem and solution: "By staggering the number of drives that are spinning up simultaneously, the disk drive controller can reduce the instantaneous power used, which may reduce the chances of a power supply overload." Therefore, combining the method of updating firmware from disk during POST (from US20040076043A1 and US20040030877A1) with the known engineering practice of staggering disk drive operations to manage power consumption would be an obvious design choice for a PHOSITA.