Prosecution Insights
Last updated: April 19, 2026
Application No. 16/965,970

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

Non-Final OA §103
Filed
Jul 29, 2020
Examiner
BELETE, BERHANU D
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Siemens Aktiengesellschaft
OA Round
9 (Non-Final)
75%
Grant Probability
Favorable
9-10
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
326 granted / 436 resolved
+16.8% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
47 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
75.6%
+35.6% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 436 resolved cases

Office Action

§103
DETAILED ACTION This office action response to the communication filed on 11/17/2025. 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 office action is in response to the pre-appeal brief request filed on October 29, 2025. No have been amended. Claims 20-37, and 39-40 are currently pending and have been considered below. Response to Arguments Applicant's arguments on Pre-Appeal, see on pages 2-5, filed on, October 29, 2025, with respect to the rejection(s) of claim(s) 20, 37, and 39 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 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). 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 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, 0191], wherein devices utilizing Ethernet interface module, any typical Ethernet network including but not limited to PROFINET (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 1588V2, and AVB (corresponds to claim limitation “Audio Video Bridging (AVB)”), and the features allow control over frames flowing through a network, either using or not using managed switches]); and resources comprising 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]); 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 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, 0052], 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 fieldbuses 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 1588V2, and AVB ]), and at least one stream assigned to the respective FIELDBUS has been or is configured for each FIELDBUS 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 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 FIELDBUS 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 (or fieldbus, as discloses in instant Application Specification page 3 4th paragraph, or published Specification para. [0011]), 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 FIELDBUSES of the industrial network including the PLC; and wherein the plurality of devices is on at least one FIELDBUSES 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 (or 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 FIELDBUSES of the industrial network including the PLC by resorting to configuration data relating to the FIELDBUSES 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 (or 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 FIELDBUSES of the industrial network including the PLC according to a standard belonging to the respective FIELDBUSES 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 FIELDBUSES 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 FIELDBUSES port in a direction of the respective FIELDBUSES 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 FIELDBUSES 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 FIELDBUS of the industrial network including the PLC defines an end point of at least one stream belonging to the FIELDBUSES 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 FIELDBUSES of the industrial network including the PLC have been or are connected to the FIELDBUSES 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 FIELDBUSES of the industrial network including the PLC have been or are connected to the FIELDBUSES 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 FIELDBUSES 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 FIELDBUSES port in a direction of the respective FIELDBUSES 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 FIELDBUSES 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 FIELDBUSES of the industrial network including the PLC defines an end point of at least one stream belonging to the FIELDBUSES 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 FIELDBUS 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 FIELDBUS 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 FIELDBUS 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 FIELDBUS 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]); and connect data frames which at least one of (i) emanate 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 connect 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]); 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 at least one of (i) a designated stream address, (ii) a VLAN ID and (iii) a priority to data frames which arrive at the FIELDBUS 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 FIELDBUSES of the industrial network including the PLC; wherein data frames are transmitted in the direction of the respective FIELDBUSES of the industrial network including the PLC via at least one stream and data frames which emanate from the respective FIELDBUSES of the industrial network including the PLC are transmitted via at least one further stream. However, D3 discloses wherein at least two streams ([see, [0013], two of the streams disclosed]) are configured for the FIELDBUSES 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 FIELDBUS and industrial automation system including PLC]), and wherein data frames are transmitted in the direction of the respective FIELDBUSES of the industrial network including the PLC via at least one stream and data frames which emanate from the respective FIELDBUSES 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 FIELDBUS 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 FIELDBUS 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 FIELDBUS 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU BELETE whose telephone number is (571)272-3478. The examiner can normally be reached on Monday-Friday 7:30am-5pm, Alt. Friday, and EDT. 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

Jul 29, 2020
Application Filed
Oct 28, 2021
Non-Final Rejection — §103
Jan 18, 2022
Response Filed
May 10, 2022
Final Rejection — §103
Jul 05, 2022
Response after Non-Final Action
Aug 01, 2022
Response after Non-Final Action
Aug 01, 2022
Examiner Interview (Telephonic)
Aug 11, 2022
Request for Continued Examination
Aug 15, 2022
Response after Non-Final Action
Dec 28, 2022
Non-Final Rejection — §103
Mar 15, 2023
Response Filed
May 18, 2023
Final Rejection — §103
Jul 05, 2023
Response after Non-Final Action
Aug 10, 2023
Examiner Interview (Telephonic)
Aug 10, 2023
Response after Non-Final Action
Aug 18, 2023
Request for Continued Examination
Aug 22, 2023
Response after Non-Final Action
Jun 10, 2024
Non-Final Rejection — §103
Sep 06, 2024
Response Filed
Dec 17, 2024
Final Rejection — §103
Feb 05, 2025
Response after Non-Final Action
Mar 03, 2025
Request for Continued Examination
Mar 10, 2025
Response after Non-Final Action
Mar 19, 2025
Non-Final Rejection — §103
Jun 03, 2025
Response Filed
Sep 05, 2025
Final Rejection — §103
Oct 29, 2025
Notice of Allowance
Oct 29, 2025
Response after Non-Final Action
Nov 12, 2025
Response after Non-Final Action
Jan 21, 2026
Non-Final Rejection — §103 (current)

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

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Prosecution Projections

9-10
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+33.8%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 436 resolved cases by this examiner. Grant probability derived from career allow rate.

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