Prosecution Insights
Last updated: July 17, 2026
Application No. 16/965,970

Control Method, Apparatus, Computer Program, Computer-Readable Medium and Method for Communicating Data in an Industrial Network

Final Rejection §103
Filed
Jul 29, 2020
Priority
Jan 31, 2018 — EU 18154319.0 +2 more
Examiner
BELETE, BERHANU D
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Siemens Aktiengesellschaft
OA Round
10 (Final)
75%
Grant Probability
Favorable
11-12
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
337 granted / 447 resolved
+17.4% vs TC avg
Strong +33% interview lift
Without
With
+32.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
30 currently pending
Career history
489
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
96.6%
+56.6% vs TC avg
§102
2.4%
-37.6% vs TC avg
§112
0.2%
-39.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 447 resolved cases

Office Action

§103
DETAILED ACTION This office action response the amendment application on 04/27/2026. Claims 20-37, and 39-40 are presented for examination. Notice of 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 . Response to Amendment This is in response to the amendments filed on April 27, 2026. No Claims have been amended. Claims 1-19 and 38 have been withdrawn from consideration. Claims 20-37, and 39-40 are pending and have been considered below. Response to Arguments Applicant’s arguments filed April 27, 2026, have been fully considered but are not persuasive. Applicant argues (see Remarks, pp. 10-14) that ALSUP (U.S. Pub. No. 2016/0087675) in view of Rajasekaran (U.S. Pub. No. 2014/0211624) fails to teach or suggest the limitation: “transmitting the data at least in sections via one of (i) an Audio Video Bridging (AVB) and (ii) a Time Sensitive Networking (TSN) network in which at least one stream has been or is configured for the fieldbus of the industrial network including the PLC, resources comprising address table entries and frame buffers being reserved for the at least one stream in at least one connection node of the network,” as recited in independent claims 20, 37, and 39. The Examiner respectfully disagrees. At the outset, the Examiner notes that claim terms during examination are interpreted under the broadest reasonable interpretation (BRI) consistent with the specification. In re Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997); In re American Academy of Science Tech Center, 367 F.3d 1359, 1364 (Fed. Cir. 2004). Under the BRI standard, the claims are not limited to the specific AVB or TSN implementation proposed by Applicant unless such limitations are expressly recited. Applicant’s arguments improperly construe the claims as requiring explicit protocol-level configuration of AVB or TSN streams together with dedicated reservation procedures. However, the claims merely require that data be transmitted through an AVB or TSN network in which at least one stream has been or is configured for the industrial fieldbus, with corresponding network resources reserved for that stream. Nothing in the claim language requires the specific signaling, reservation protocol, or management procedures argued by Applicant. I. Applicant’s Argument Regarding ALSUP Paragraphs [0088]-[0089] Applicant argues that paragraphs [0088]-[0089] merely describe Ethernet interface modules communicating with industrial devices and therefore concern only device-level Ethernet interfacing rather than network-level stream mechanisms. This argument is not persuasive. The rejection does not rely exclusively upon paragraphs [0088]-[0089]. Rather, the rejection relies upon the combined teachings of paragraphs [0020], [0054], [0115]-[0118], [0159], [0191], [0235], [0241], [0272], and [0279] of ALSUP. Specifically, ALSUP discloses Ethernet interface modules configured for deterministic communication over industrial Ethernet networks, including PROFINET, IEEE 1588v2, and AVB (¶0115). ALSUP further teaches forwarding Ethernet frames through managed network nodes while maintaining deterministic timing characteristics (¶0191, ¶0272). Paragraph [0272] expressly explains that the Ethernet interface module maintains highly consistent frame traversal timing suitable for high-performance industrial Ethernet protocols, including PROFINET IRT, SERCOS III, and other precisely timed Ethernet protocols. Accordingly, ALSUP is not limited to simple device-level communication as alleged by Applicant. Rather, ALSUP expressly addresses deterministic network transport over industrial Ethernet infrastructures, which reasonably encompasses communication utilizing AVB-capable deterministic transport under the broadest reasonable interpretation. As explained in In re Keller, 642 F.2d 413, 425 (CCPA 1981), one cannot show nonobviousness by attacking references individually where the rejection is based on their combined teachings. Applicant’s argument isolates selected paragraphs while disregarding the overall disclosure relied upon by the rejection. II. Applicant’s Argument Regarding Paragraph [0115] Applicant argues that paragraph [0115] merely states that Ethernet interface modules may coexist in AVB networks but allegedly fails to disclose configuring AVB streams or associating streams with fieldbus communications. The Examiner respectfully disagrees. Paragraph [0115] expressly teaches that the disclosed Ethernet interface modules operate within AVB networks, PROFINET, and IEEE 1588v2 industrial Ethernet environments. When read together with paragraphs [0117] and [0118], ALSUP further teaches full-duplex transmission and reception of Ethernet packet frames through deterministic network communication. The claimed language does not require an explicit software command entitled “configure AVB stream.” Rather, under the broadest reasonable interpretation, communication through an AVB network employing deterministic Ethernet packet flows for industrial control satisfies the claimed requirement that at least one stream is configured for the fieldbus. Moreover, paragraph [0279] further teaches that Ethernet interface modules may be inserted into PROFINET IRT networks without negatively affecting deterministic communication because of the deterministic forwarding behavior of the modules. Such disclosure reasonably indicates operation of deterministic Ethernet traffic corresponding to industrial communication streams. Applicant’s interpretation improperly imports implementation-specific requirements into the claims. Limitations from preferred embodiments cannot be imported into the claims. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993). III. Applicant’s Argument Regarding Paragraph [0191] Applicant argues that paragraph [0191] merely concerns generic Ethernet frame handling and therefore does not teach stream-based transport or reserved resources. This argument is likewise unpersuasive. Paragraph [0191] states that ALSUP provides control over frames flowing through the network regardless of whether managed switches are employed. This disclosure is not isolated from the remainder of ALSUP. When considered together with paragraphs [0020], [0054], [0159], [0235], [0241], and [0272], ALSUP teaches evaluation circuitry, destination addressing, frame forwarding, buffering, delayed application of validated data, multi-buffering, deterministic forwarding, and address management within Ethernet interface nodes. Under the broadest reasonable interpretation, these functions correspond to network resources utilized to support deterministic communication streams. The Examiner is not required to identify the identical terminology used in Applicant’s specification. Rather, obviousness considers what the reference would have reasonably suggested to one of ordinary skill in the art. In re Fritch, 972 F.2d 1260, 1265 (Fed. Cir. 1992). IV. Applicant’s Argument Regarding AVB or TSN Stream Configuration Applicant argues that ALSUP never expressly configures an AVB or TSN stream for a fieldbus. The Examiner respectfully disagrees. ALSUP expressly identifies operation within AVB industrial Ethernet environments (¶0115), deterministic Ethernet forwarding (¶0272), industrial protocols such as PROFINET IRT (¶0272, ¶0279), and Ethernet frame transport supporting industrial communication. A person of ordinary skill in the art would have understood that deterministic Ethernet communication over AVB-compatible industrial Ethernet inherently involves logical traffic streams transporting industrial communication between industrial devices and controllers. The claims merely require that at least one stream “has been or is configured” for the fieldbus. They do not require any particular reservation protocol, Stream Reservation Protocol (SRP), IEEE 802.1Qat signaling, or explicit AVB management messages. Applicant’s arguments therefore rely upon a narrower construction than is warranted under the BRI standard. As explained in In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007), prior art need not disclose the claimed invention using the exact terminology employed by the claims. V. Applicant’s Argument Regarding Reserved Address Table Entries and Frame Buffers Applicant further argues that neither ALSUP nor Rajasekaran teaches reserving address table entries and frame buffers for an AVB or TSN stream. The Examiner respectfully disagrees. ALSUP teaches multiple network resources supporting deterministic Ethernet forwarding. Specifically: Paragraph [0020] teaches Ethernet interface modules utilizing destination address fields, source address fields, command fields, queues, and evaluation circuitry. Paragraph [0054] teaches extraction and insertion of data within Ethernet frames using data memory. Paragraph [0159] teaches shadow memory, multi-buffering, delayed validation, status flags, and output buffering. Paragraphs [0235] and [0241] disclose address handling, MAC addresses, ARP table management, and encapsulated Ethernet frame forwarding. These disclosures collectively teach network node resources including address management structures and frame buffering resources used to support deterministic forwarding of Ethernet traffic. Under the broadest reasonable interpretation, such address tables, ARP entries, queues, shadow memories, and frame buffers constitute the claimed “resources comprising address table entries and frame buffers.” Applicant’s argument improperly requires explicit use of the word “reserved.” However, obviousness does not require ipsissimis verbis disclosure. Functional allocation of buffering and addressing resources for deterministic frame forwarding reasonably satisfies the claimed limitation. As explained in In re Preda, 401 F.2d 825, 826 (CCPA 1968), a reference must be considered for everything it reasonably teaches to one of ordinary skill in the art rather than only for its express statements. VI. Combination with Rajasekaran Applicant additionally argues that Rajasekaran likewise fails to teach AVB or TSN stream configuration. The rejection, however, does not rely upon Rajasekaran alone for every aspect of the limitation. Instead, ALSUP supplies deterministic industrial Ethernet communication utilizing AVB-capable networks, industrial Ethernet forwarding, frame handling, address management, and buffering resources, while Rajasekaran provides additional teachings concerning industrial communication parameters and network operation. A determination of obviousness is based upon the collective teachings of the references rather than requiring one reference to disclose every claimed feature. In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986); KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). One of ordinary skill in the art would have recognized that combining ALSUP’s deterministic Ethernet infrastructure with Rajasekaran’s industrial communication techniques would predictably result in transmission of industrial communication over deterministic Ethernet streams utilizing address management and frame buffering resources within connection nodes. Conclusion For at least the foregoing reasons, the Examiner maintains that the combination of ALSUP and Rajasekaran teaches or at least renders obvious: transmitting industrial data through AVB or TSN deterministic Ethernet communication; utilizing industrial Ethernet streams configured for fieldbus communication; employing deterministic forwarding through industrial network nodes; utilizing address management resources, frame buffers, queues, shadow memories, and related network resources corresponding to the claimed reserved resources. Accordingly, Applicant’s arguments have been fully considered but are not persuasive, and the rejection of claims 20, 37, and 39 under 35 U.S.C. § 103 is therefore maintained. 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 20-23, and 25-31 are rejected under 35 U.S.C. 103 as being unpatentable over IDS submitted by applicant ALSUP (U.S. Patent Application Publication No. 2016/0087675 A1), (“D1”, hereinafter), in view of Rajasekaran et al. (U.S. Patent Application Publication No. 2014/0211624), (“D2”, hereinafter). As per Claim 20, D1 discloses a method for communicating data in an industrial network including a programmable logic controller (PLC) ([see, [0273], master function in a network containing Ethernet interface modules 200, 900 can be performed by any Ethernet-aware device with reasonable processing capability. This could be a personal computer, a cloud-based server, a programmable logic controller (PLC), or a dedicated controller]), the method comprising: transmitting data between a plurality of devices interconnected to each other via a fieldbus of the industrial network including the PLC ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]); transmitting the data at least in sections via one of (i) an Audio Video Bridging (AVB) and (ii) a Time Sensitive Networking (TSN) network in which at least one stream has been or is configured for the fieldbus of the industrial network including the PLC ([see, [0115-0118, 0191], wherein Ethernet interface transmit and receive packet data frames, format 100A comprises a destination address field 101, source address field 103, Ethertype identification field 105 with typical Ethernet network, the devices utilizing Ethernet interface module, any typical Ethernet network including but not limited to PROFINET, (fieldbus) 1588V2, and AVB, and the features allow control over frames flowing through a network, either using or not using managed switches. In addition, on [0272], very high-performance Ethernet networks data transmission that the networks depend on very consistent timing of frames traversing the network. Examples include PROFINET IRT networks, SERCOS III networks, and various network protocols that utilize Ethernet to distribute precise timing ]); and resources ( i.e., as Ethernet interface module ) comprising address table entries (ARP table) and frame buffers (i.e., see fig. 1G, Frame 100G includes destination address field and source address field) being reserved (reserved specific fields, such as 125, 105) for the at least one stream (i.e., data) in at least one connection node of the network ([see, [0020, 0054, 0159, 0235, 0241], wherein Ethernet interface module with ARP table with Frame 100G includes destination address field and source address field. Each frame comprises a destination address field, a source address field, and a command field that reserved as fields, such as fields 105, 125 that connected the destination node interface]); transmitting data frames which at least one of (i) Emanate (originated) from at least one device on the fieldbus of the industrial network including the PLC and (ii) are intended for at least one device on the fieldbus of the industrial network including the PLC via the at least one stream ([see, [0191], These features allow control over frames flowing through a network, either using or not using managed switches]); and connecting the fieldbus of the industrial network including the PLC to one of (i) the AVB and (ii) TSN network via the at least one connection node ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]); and wherein the at least one connection node includes a fieldbus port in a direction of a respective fieldbus of the industrial network including the PLC and a stream port in a direction of one of (i) the AVB and (ii) TSN network ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). D1 doesn’t appear explicitly disclose: wherein the at least one connection node is configured to assign at least one stream parameter comprising a designated stream address, a VLAN ID and a priority to data frames which arrive at the fieldbus port and to remove at least one stream parameter comprising at least one of the designated stream address, the VLAN ID and the priority from data frames which arrive at the stream port. However, D2 discloses wherein the at least one connection node is configured to assign at least one stream parameter comprising (i) a designated stream address, (ii) a VLAN ID and (iii) a priority to data frames which arrive at the fieldbus port ([see, [0050], a frame include a VLAN priority tag may be assigned a priority tag and the priority tag may be included in the modified frame data; network device 300 may assign a high priority]); and to remove at least one stream parameter comprising at least one of (i) the designated stream address, (ii) the VLAN ID and (iii) the priority from data frames which arrive at the stream port ([see, [0055], a switch (connection node) may use VLAN priority information to select the lowest priority frames to discard (removed). In addition, select the lowest priority frame of the most congested port to begin discarding frames before they egress. Furthermore, on [0055], high priority frames will not be discarded until all low priority frames from all ports are removed]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide priority information on the frames results improve efficiency to the switch that facilitates reliable communication of high priority traffic over lower priority traffic across all ingress and egress ports (D2, ¶ [0047]). As per Claim 21, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein the industrial network includes a plurality of PROFIBUSES on which there is at least one device in each case ([see, [0115, 0273], master function in a network containing Ethernet interface modules 200, 900 can be performed by any Ethernet-aware device with reasonable processing capability. This could be a personal computer, a cloud-based server, a programmable logic controller (PLC), or a dedicated controller, devices utilizing Ethernet interface module includes but not limited to PROFINET, (fieldbus) 1588V2, and AVB ]), and at least one stream assigned to the respective PROFIBUS has been or is configured for each PROFIBUS in the AVB or TSN network ([see, [0088-0089; 0115, 0186], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module includes but not limited to PROFINET, (fieldbus) 1588V2, and AVB]); wherein resources at least one of (i) have been reserved; and (ii) are reserved for each stream at the at least one connection node of the network ([see, 0114], Ethernet interface modules includes switching resources]), and data frames which at least one of (i) emanate from at least one device of the plurality of devices on the respective ([see, [0191], These features allow control over frames flowing through a network, either using or not using managed switches]);; and (ii) are intended for at least one device of the plurality of devices on the respective PROFIBUS are transmitted via the respective at least one stream in the AVB or TSN network ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). As per Claim 22, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein at least one stream has been or is configured between two segments of the PROFIBUSES of the industrial network including the PLC; and wherein the plurality of devices is on at least one PROFIBUSES segment ([see, [0115, 0273] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). As per Claim 23, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein the at least one stream is or has been configured for the PROFIBUSES of the industrial network including the PLC by resorting to configuration data relating to the PROFIBUSES of the industrial network including the PLC ([see, [0115, 0273] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). As per Claim 25, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein data are transmitted within the PROFIBUSES of the industrial network including the PLC according to a standard belonging to the respective PROFIBUSES of the industrial network including the PLC ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]). As per Claim 26, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein the PROFIBUSES of the industrial network including the PLC is connected to the AVB or TSN network via at least two connection nodes ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]); and each connection node includes a PROFIBUSES port in a direction of the respective PROFIBUSES of the industrial network including the PLC ([see, [0088-0089; 0115, 0273], wherein a plurality of network topologies, devices utilizing Ethernet interface have but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]); and a stream port in a direction of the AVB or TSN network ([see, [0088-0089; 0115, AVB disclosed]). D1 appears to be silent to the instant claim, and D2 further discloses each connection node is configured to at least one of (i) assign at least one stream parameter to data frames which arrive at the PROFIBUSES port and (ii) remove at least one stream parameter from data frames which arrive at the stream port ([see, [0055], a switch (connection node) may use VLAN priority information to select the lowest priority frames to discard (removed). In addition, select the lowest priority frame of the most congested port to begin discarding frames before they egress. Furthermore, on [0055], high priority frames will not be discarded until all low priority frames from all ports are removed]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide priority information on the frames results improve efficiency to the switch that facilitates reliable communication of high priority traffic over lower priority traffic across all ingress and egress ports (D2, ¶ [0047]). As per Claim 27, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein each connection node of the PROFIBUS of the industrial network including the PLC defines an end point of at least one stream belonging to the PROFIBUSES of the industrial network including the PLC ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). As per Claim 28, D1 and D2 disclose the method as claimed in claim 22, and D1 further discloses wherein the plurality of devices of the PROFIBUSES of the industrial network including the PLC have been or are connected to the PROFIBUSES port of one connection node ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]) and one or more further devices of the PROFIBUSES of the industrial network including the PLC have been or are connected to the PROFIBUSES port of the other connection node ([see, [0088-0089; 0115, 0273]). As per Claim 29, D1 and D2 disclose the method as claimed in claim 28, and D1 further discloses wherein the PROFIBUSES of the industrial network including the PLC is connected to the AVB or TSN network via at least two connection nodes ([see, [0115, 0191], wherein devices utilizing Ethernet interface module, any typical Ethernet network including but not limited to PROFINET, (fieldbus) 1588V2, and AVB, and the features allow control over frames flowing through a network, either using or not using managed switches]), and each connection node includes a PROFIBUSES port in a direction of the respective PROFIBUSES of the industrial network including the PLC and a stream port in a direction of the AVB or TSN network ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC) disclosed]). D1 appears to be silent to the instant claim, and D2 further discloses each connection node is configured to at least one of (i) assign at least one stream parameter to data frames which arrive at the PROFIBUSES port and (ii) remove at least one stream parameter from data frames which arrive at the stream port ([see, [0055], a switch (connection node) may use VLAN priority information to select the lowest priority frames to discard (removed). In addition, select the lowest priority frame of the most congested port to begin discarding frames before they egress. Furthermore, on [0055], high priority frames will not be discarded until all low priority frames from all ports are removed]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide priority information on the frames results improve efficiency to the switch that facilitates reliable communication of high priority traffic over lower priority traffic across all ingress and egress ports (D2, ¶ [0047]). As per Claim 30, D1 and D2 disclose the method as claimed in claim 28, and D1 further discloses wherein each connection node of the PROFIBUSES of the industrial network including the PLC defines an end point of at least one stream belonging to the PROFIBUSES of the industrial network including the PLC ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]). As per Claim 31, D1 and D2 disclose the method as claimed in claim 20, and D1 further discloses wherein the at least one stream is configured in an automated manner for the PROFIBUS of the industrial network including the PLC ([see, 0115], devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, 1588V2, and AVB]). As per Claim 37, D1 discloses an apparatus ([see, Fig. 17, [0250], An Ethernet master]), comprising: at least one of (i) at least one Audio Video Bridging (AVB) enabled and (ii) a Time Sensitive Networking (TSN) enabled nodes comprising bridges and/or switches ([see, [0115, 0191], wherein devices utilizing Ethernet interface module, any typical Ethernet network including but not limited to PROFINET, (fieldbus) 1588V2, and AVB]), and a plurality of devices which form parts of an industrial automation system ([see, Fig. 17-18, a plurality of field node with Ethernet interface module 200 or Ethernet interface module 900]), the plurality of devices being interconnected to each other via a PROFIBUS of an industrial network including a programmable logic controller (PLC) ([see, [0088-0089; 0115, 0273], wherein Ethernet interface device 200 is operational in a plurality of network topologies, devices utilizing Ethernet interface module for data are transmitted within but not limited to PROFINET, (fieldbus) 1588V2, and AVB; and a network containing Ethernet interface modules includes programmable logic controller (PLC)]); resources comprising at least one of address table entries (ARP table) and frame buffers being reserved for the at least one stream in at least one connection node of the network ([see, [0159, 0241], wherein ARP table with the IP address in the frame and the associated MAC address table entries and providing in Ethernet interface module 200 a shadow memory or shadow register to allow multi-buffering of input data disclosed]); wherein the apparatus is configured to: transmit data between the plurality of interconnected devices to each other via the PROFIBUS of the industrial network including the PLC ([see, [0191], These features allow control over frames flowing through a network, either using or not using managed switches]); transmit the data at least in sections via one of (i) an Audio Video Bridging (AVB); and (ii) a Time Sensitive Networking (TSN) network in which at least one stream is configured for the PROFIBUS of the industrial network including the PLC ([see, [0115-0118, 0191], wherein Ethernet interface transmit and receive packet data frames, format 100A comprises a destination address field 101, source address field 103, Ethertype identification field 105 with typical Ethernet network, the devices utilizing Ethernet interface module, any typical Ethernet network including but not limited to PROFINET, (fieldbus) 1588V2, and AVB, and the features allow control over frames flowing through a network, either using or not using managed switches. In addition, on [0272], very high-performance Ethernet networks data transmission that the networks depend on very consistent timing of frames traversing the network. Examples include PROFINET IRT networks, SERCOS III networks, and various network protocols that utilize Ethernet to distribute precise timing ]); and connect data frames which at least one of (i) emanate from at least one device on the PROFIBUS of the industrial network including the PLC, and (ii) are intended for at least one device on the PROFIBUS of the industrial network including the PLC via the at least one stream ([see, [0191], These features allow control over frames flowing through a network, either using or not using managed switches]); and connect the PROFIBUS of the industrial network including the PLC to one of (i) the AVB ; and (ii) TSN network via the at least one connection node ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]); wherein the at least one connection node includes a PROFIBUS port in a direction of a respective PROFIBUS of the industrial network including the PLC; and a stream port in a direction of one of (i) the AVB, and (ii) TSN network ([see, [0115] With the above constraints, devices utilizing Ethernet interface module embodiments can coexist in any typical Ethernet network including many of the very high-performance Ethernet environments including, but not limited to PROFINET, (fieldbus) 1588V2, and AVB]). D1 doesn’t appear explicitly disclose: wherein the at least one connection node is configured to assign at least one stream parameter comprising at least one of (i) a designated stream address, (ii) a VLAN ID and (iii) a priority to data frames which arrive at the PROFIBUS port and to remove at least one stream parameter comprising at least one of (i) the designated stream address, (ii) the VLAN ID and (iii) the priority from data frames which arrive at the stream port. D1 doesn’t appear explicitly disclose: wherein the at least one connection node is configured to assign at least one stream parameter comprising a designated stream address, a VLAN ID and a priority to data frames which arrive at the fieldbus port and to remove at least one stream parameter comprising at least one of the designated stream address, the VLAN ID and the priority from data frames which arrive at the stream port. However, D2 discloses wherein the at least one connection node is configured to assign at least one stream parameter comprising (i) a designated stream address, (ii) a VLAN ID and (iii) a priority to data frames which arrive at the fieldbus port ([see, [0050], a frame include a VLAN priority tag may be assigned a priority tag and the priority tag may be included in the modified frame data; network device 300 may assign a high priority]); and to remove at least one stream parameter comprising at least one of (i) the designated stream address, (ii) the VLAN ID and (iii) the priority from data frames which arrive at the stream port ([see, [0055], a switch (connection node) may use VLAN priority information to select the lowest priority frames to discard (removed). In addition, select the lowest priority frame of the most congested port to begin discarding frames before they egress. Furthermore, on [0055], high priority frames will not be discarded until all low priority frames from all ports are removed]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide priority information on the frames results improve efficiency to the switch that facilitates reliable communication of high priority traffic over lower priority traffic across all ingress and egress ports (D2, ¶ [0047]). As per Claim 39, is the non-transitory computer readable medium (CRM) claim corresponding to the apparatus claim 37 that has been rejected above. Applicant attention is directed to the rejection of claim 37. Claim 39 is anticipated by CRM being performed by the apparatus above and therefore is rejected under the same rational as claim 37. Claims 24, 33-34, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over IDS submitted by applicant D1, in view of D2, and further in view of KIESSLING (U.S. Patent Application Publication No. 2016/0182394), (“D3”, hereinafter). As per Claim 24, D1 and D2 disclose the method as claimed in claim 20, and D1 doesn’t appear explicitly disclose: wherein at least two streams are configured for the PROFIBUSES of the industrial network including the PLC; wherein data frames are transmitted in the direction of the respective PROFIBUSES of the industrial network including the PLC via at least one stream and data frames which emanate from the respective PROFIBUSES of the industrial network including the PLC are transmitted via at least one further stream. However, D2 discloses wherein at least two streams ([see, [0013], two of the streams disclosed]) are configured for the PROFIBUSES of the industrial network including the PLC ([see, [0004, 0027-0028], and Fig. 2, an industrial automation system that including that includes communication protocols, such as PROFIBUS and industrial automation system including PLC]), and wherein data frames are transmitted in the direction of the respective PROFIBUSES of the industrial network including the PLC via at least one stream and data frames which emanate from the respective PROFIBUSES of the industrial network including the PLC are transmitted via at least one further stream ([see, [0004, 0007, 0013, 0027], wherein the data streams comprising sequences of data frames, transmission of data frames are transmission of audio and video data streams (audio/video bridging) via an industrial automation system that including that includes communication protocols, such as PROFIBUS and industrial automation system including PLC]). In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide multiple data streams comprising sequences of data frames results improve efficiency that enables reducing transit time consumption and transit time fluctuations (D3, ¶ [0014]). As per Claim 33, D1 and D2 disclose the method as claimed in claim 20, and D1 appears to be silent to the instant claim, however D3 further discloses wherein bandwidth at least one of has been and is additionally reserved as resources for the at least one stream at one or more nodes of the AVB or TSN network ([see, [0007], the During bandwidth monitoring, it is ensured that there is sufficiently reserved bandwidth with respect to the actually used bandwidth, and on [0013, 0027], wherein the data streams comprising sequences of data frames, transmission of data frames are transmission of audio and video data streams (audio/video bridging) via an industrial automation system that including that includes communication protocols, such as PROFIBUS and industrial automation system including PLC]). In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide multiple data streams comprising sequences of data frames results improve efficiency that enables reducing transit time consumption and transit time fluctuations (D3, ¶ [0014]). As per Claim 34, D1 and D2 disclose the method as claimed in claim 20, and D1 appears to be silent to the instant claim, however D3 further discloses wherein data frames are transmitted via the at least one stream such that a break is made after the transmission or forwarding of each data frame, a length of said break depending on at least one of (i) a size of the data frame and (ii) a bandwidth reserved for the at least one stream ([see, [0008, 00019], each transmitted data frame to ensure bandwidth limiting with respect to a reserved bandwidth]). In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide multiple data streams comprising sequences of data frames results improve efficiency that enables reducing transit time consumption and transit time fluctuations (D3, ¶ [0014]). As per Claim 40, D1 and D2 disclose the method as claimed in claim 20, and D1 appears to be silent to the instant claim, however D3 further discloses wherein at least one of transmit time slices, jitter and latency times ([see, [0011], reduce transit times and transit time fluctuations (jitter) when transmitting control data]) are additionally reserved as resources ([see, [0007], the During bandwidth monitoring, it is ensured that there is sufficiently reserved bandwidth]) for the at least one stream at one or more nodes of the AVB or TSN network ([see, [0013, 0027], wherein the data streams comprising sequences of data frames, transmission of data frames are transmission of audio and video data streams (audio/video bridging) via an industrial automation system that including that includes communication protocols, such as PROFIBUS and industrial automation system including PLC]). In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide multiple data streams comprising sequences of data frames results improve efficiency that enables reducing transit time consumption and transit time fluctuations (D3, ¶ [0014]). Claims 32, and 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over IDS submitted by applicant D1, in view of D2, and further in view of Oren et al. (U.S. Patent Application Publication No. 2008/0232243), (“D4”, hereinafter). As per Claim 32, D1 and D2 disclose the method as claimed in claim 20, and D1 doesn’t appear explicitly disclose: wherein resources for the at least one stream are reserved using a reservation protocol. However, D4 further discloses wherein resources for the at least one stream are reserved using a reservation protocol ([see, [0036], and Fig. 2, the IEEE 802.1Qat--Stream Reservation Protocol (SRP) disclosed]). In view of the above, having the system of D1 and then given the well-established teaching of D4, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D4. The motivation for doing so would have been to provide assigned a unique stream ID results improve the quality and reliability of streaming data over bridged local area networks (D4, ¶ [0004]). As per Claim 35, D1 and D2 disclose the method in claim 20, and D1 doesn’t appear explicitly disclose: wherein compliance with the bandwidth requirement is guaranteed via at least one shaper in according with Institute of Electrical and Electronics Engineers (IEEE) standard 802.1 when transmitting the data frames via the at least one stream. However, D4 further discloses wherein compliance with the bandwidth requirement is guaranteed via at least one shaper in according with Institute of Electrical and Electronics Engineers (IEEE) standard 802.1 when transmitting the data frames via the at least one stream ([see, [0037], and Fig. 3, wherein the receive streaming data from the AVB enabled Audio/Video equipment 302a, a protocol such as IEEE 802.1as may be utilized to synchronize the switch 310 and the AVB enabled Audio/Video equipment 302b to the AVB enabled Audio/Video equipment 302a]). In view of the above, having the system of D1 and then given the well-established teaching of D4, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D4. The motivation for doing so would have been to provide assigned a unique stream ID results improve the quality and reliability of streaming data over bridged local area networks (D4, ¶ [0004]). As per Claim 36, D1 and D2 disclose the method in claim 20, and D1 doesn’t appear explicitly disclose: a control method for an industrial technical process or a vehicle, in which data are interchanged between at least two devices of an automation system while performing the method. However, D4 further discloses a control method for an industrial technical process or a vehicle, in which data are interchanged between at least two devices of an automation system while performing the method ([see, [0007, 0016-0018], and Fig. 1-2, wherein the method is provided for implementing redundancy for streaming data in audio video bridging networks, transmit and/or receive data over a network via a bus controller interface 116 and 118]). In view of the above, having the system of D1 and then given the well-established teaching of D4, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D4. The motivation for doing so would have been to provide assigned a unique stream ID results improve the quality and reliability of streaming data over bridged local area networks (D4, ¶ [0004]). Conclusion A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU D BELETE whose telephone number is (571)272-3478. The examiner can normally be reached on Monday-Friday 7:30am-5pm, Alt. Friday, and EDT. 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, JEONG, MOO R. can be reached on (571) 272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BERHANU D BELETE/Examiner, Art Unit 2468 /WUTCHUNG CHU/Primary Examiner, Art Unit 2418
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Prosecution Timeline

Show 24 earlier events
Jun 03, 2025
Response Filed
Sep 10, 2025
Final Rejection mailed — §103
Oct 29, 2025
Response after Non-Final Action
Oct 29, 2025
Notice of Allowance
Nov 12, 2025
Response after Non-Final Action
Jan 26, 2026
Non-Final Rejection mailed — §103
Apr 27, 2026
Response Filed
Jul 09, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

11-12
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+32.8%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 447 resolved cases by this examiner. Grant probability derived from career allowance rate.

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