Response
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The response/remark dated 10/23/25 has been received and made of record.
Applicant argument with respect to claims 1, 14 and 18 have been fully considered but are not persuasive for the following reasons..
For example with respect 1, 14 and 18 applicant the cited art fails to disclose "control message response originating from [a] destination device " that includes, "for each respective intermediate device" of an "at least one intermediate device in a path of devices between the source device and [the] destination device," "round trip time information derived from a plurality of ICMP echo requests issued by the respective intermediate device to a corresponding next device" in the "path of devices.
As promised on the interview dated 9/25/25, examiner considered applicant argument with claims 1, 14 and 18 in view art of record and make following response:
Examiner respectfully disagrees Raindel fails to discloses control message response originating from [a] destination device " that includes, "for each respective intermediate device" of an "at least one intermediate device in a path of devices between the source device and [the] destination device," "round trip time information derived from a plurality of ICMP echo requests issued by the respective intermediate device to a corresponding next device" in the "path of devices” for example, for example, fig 1 shows a system for sending plurality ICMP from the source node (106a) through intermediate device 125 and plurality nodes (112) in the path from source node 102 to destination node 106b. In Raindel when measuring an RTT between a primary node(source 106a) and a secondary node(destination 106b), a latency controller (intermediate) can be configured to cause the primary and secondary nodes to trace specific connections of the network paths between the primary and secondary nodes that corresponds to the measured RTT. For instance as illustrated [0058] FIG. 3A , is an example timing diagram illustrating the source host 106a transmitting an outbound packet 114 to the destination host 106b and receiving a reply from the destination host 106b as an inbound packet 115 along symmetrical network paths. As shown in FIG. 3A, at time T1, the source host 106a can transmit an outbound packet 114 to the destination host 106b. At time T2, the destination host 106b receives the outbound packet 114. After a period of processing the outbound packet 114, the destination host 106b transmits a response as an inbound packet 115 to the source host 106a at time T3. At time T4, the source host 106a receives the inbound packet 115 from the destination host 106b. As such, in the illustrated example, the outbound latency equals to a difference between T2 and T1 while an inbound latency equals to a difference between T4 and T3. The sum of the outbound and inbound latency equal to the RTT between the source and destination hosts 106a and 106b. In addition FIG. 4A illustrates timing diagram showing the source host 106a transmitting an outbound packet 114 to a destination host 106b and receiving a reply from the destination host 106b as an inbound packet 115 along asymmetrical network paths. As shown in FIG. 4A, the inbound latency (i.e., a difference between T4 and T3) can be much larger than the inbound latency (i.e., a difference between T2 and T1).(see par. 0062-0065). Examiner asserts the traceroute function operates by causing each network node 112 along a network path to return a message such as an ICMP message to the source (e.g., the source host 106a) that invoked the traceroute function . Thus examiner asserts the traceroute utility determines the network path to a target network device by recording an Internet Control Message Protocol (ICMP) echo request packet's path from the source device to a specified network destination. As output, the traceroute typically displays how many hops the packet traveled to reach the network destination, identifies each hop along the path by its network address, and shows the round-trip time for reaching each hop.
Claims 7, 10, and 11-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-6, 8-9 and 14-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Raindel Sahychar U.S. Patent Application No. 2022/0360511 [hereinafter Raindel].
As per claim 1, 14 and 18 Raindel a method comprising:
generating, by a source device, a control message(ICMP), the control message comprising an indication that at least one intermediate device in a path of devices between the source device and a destination device is to send a plurality of ICMP echo requests to a next device in the path of devices[ i.e., send a series of ICMP echo message, between source 106a and destination 106b with intermediate device 112a-112d)(see fig. 5a-5b and par. 0067, 0070-0072, 0075);
sending, by the source device to the at least one intermediate device, the control message(see par. 0075); and
receiving, by the source device from the at least one intermediate device, a control message response originating from the destination device, the control message response comprising, for each respective intermediate device of the at least one intermediate device, round trip time information derived from a plurality of ICMP echo requests issued by the respective intermediate device to a corresponding next device in the path of devices(see par. 0066-0068, where the source and destination hosts 106a and 106b can each transmit a series of packets 114 and 115 to list intermediate network nodes 112 in the underlay network 108).
As per claim 2, Raindel discloses the method of claim 1 further comprising: presenting, on a display device, based on the control message response, information associated with round trip times of packets between each respective intermediate device and the corresponding next device in the path of devices(see par. 0012 send a series of ICMP Echo Request packet with different TTL values to identify intermediate network with display nodes 112 for display).
As per claim 3, Raindel discloses The method of claim 1 wherein the control message is propagated along the path of devices based on a layer 3 address of the destination device(see par. 0051).
As per claim 4, Raindel discloses the method of claim 1 wherein each intermediate device comprises: a first network interface associated with a first IP network: and a second network interface associated with a second IP network(see par. 0067).
As per claim 5, 15 and 19 Raindel discloses The method of claim 1 wherein the control message includes an ICMP echo request quantity that identifies a number of ICMP echo requests to be sent by each intermediate device of the at least one intermediate device(see par. 0067).
As per claim 6, and16 Raidel discloses the method of claim 1 wherein the round trip time information comprises, for each respective intermediate device, a plurality of round-trip times determined based on the plurality of ICMP echo requests issued by the respective intermediate device to the next device in the path of devices(see pars 0013, 0070).
As per claim 8, and 17 Raindel discloses the method of claim 1 further comprising: sending, by the source device to a first intermediate device of the at least one intermediate device, a plurality of ICMP echo requests; and receiving, by the source device from the first intermediate device, a plurality of ICMP echo reply messages(see par. 0067).
As per claim 9 Raindel discloses the method of claim 8 further comprising: presenting, by the source device on a display device based on the control message response, round-trip time information that identifies, for each respective device in the path of devices other than the destination device, a round-trip time of a packet between the respective device and the next device (see par. 0012 send a series of ICMP Echo Request packet with different TTL values to identify intermediate network with display nodes 112 for display).
As per claim 20, Raindel discloses 18. The non-transitory computer-readable storage medium of claim 18 wherein the round trip time information comprises, for each respective intermediate device, a plurality of round-trip times determined based on the plurality of ICMP echo requests issued by the respective intermediate device to the next device in the path of devices (see par. 0066-0068, where the source and destination hosts 106a and 106b can each transmit a series of packets 114 and 115 to list intermediate network nodes 112 in the underlay network 108).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466