Prosecution Insights
Last updated: April 18, 2026
Application No. 18/068,836

GPU NETWORKING USING AN INTEGRATED COMMAND PROCESSOR

Non-Final OA §103§DP
Filed
Dec 20, 2022
Examiner
JORDAN, KIMBERLY L
Art Unit
2194
Tech Center
2100 — Computer Architecture & Software
Assignee
Advanced Micro Devices, Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
4y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
292 granted / 424 resolved
+13.9% vs TC avg
Strong +34% interview lift
Without
With
+34.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
20 currently pending
Career history
444
Total Applications
across all art units

Statute-Specific Performance

§101
13.0%
-27.0% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 424 resolved cases

Office Action

§103 §DP
DETAILED ACTION This is the initial Office action b ased on the application filed December 20, 2022 . Claims 2 1- 40 are pending and have been examined. Claims 1-20 have been canceled by preliminary amendment. 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. Information Disclosure Statement The Information Disclosure Statement filed 12/20/2022 has been considered. An initialed copy of Form 1449 is enclosed herewith. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-10, and 14-16 of U.S. Patent No. 11 , 544 , 121 (hereinafter the reference patent ). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claims. The examined application claim s are anticipated by the claims in the reference patent, because all the features recited in claims 21-40 of this application can also be found in the claims of the reference patent as per the following mappings. Claim s 1, 2, 2, 3, 7, 1, 3, 3, 8, 9, 9, 10, 14, 8, 10, 10, 15, 16, 16, and 15 of the reference patent anticipate the examined application’s claims 21-40 , respectively. 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, 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. Claim s 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over MacNamara (US 2018/0004693 ) in view of Black ( US 6,742,017 ). Regarding claim 2 1, MacNamara discloses: detect an indication of a network task (see at least figure 4A and paragraph 28, RX and TX packet indication) […] ; and process the network task, without involving an external processor, to generate a network message […] that is compatible with a network communication protocol of a network interface unit (see at least paragraph 17 , accelerator 110 is a GPU ; paragraph 2 1 , The accelerator 110 can include processing circuitry 206 that generates processed data packets by implementing packet processing functions on the data packets received from the NIC 108. ; paragraph 2 6 , GPU includes transport agent to transport packets to and from the NIC ; paragraph 39 , the GPU receives data packets, processes the data packets, and transmits the processed data packets to the NIC for transmission to the network ; paragraph 19, data packets can be transferred from the NIC to the GPU and back to the NIC without entering the cores 106 [of a CPU] ) However MacNamara does not explicitly disclose, but Black discloses: detect an indication […] in a cache (see at least col 3: 1-25, polling the cache memory ) network message comprising a payload and a first command (see at least col 17: 50-65, message with a payload and command ) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MacNamara by adapting the teachings of Black to include polling cache memory and data packet contents . MacNamara discloses receiving packet indications via polling (¶28) and Black discloses the polling of cache memory. The combination allows for detecting important information in various storage locations including a cache . Regarding claim 2 2 , the rejection of claim 2 1 is incorporated . However MacNamara does not explicitly disclose, but Black discloses : wherein the network message comprises identifying information that causes the network message to be routed to a specific network interface on a network interface card (see at least col 10: 25-35, MAC packet with a destination address ) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MacNamara by adapting the teachings of Black to include MAC packets . The combination allows for increased bandwidth of the system interface (Black col 3: 42-48) . Regarding claim 2 3 , the rejection of claim 22 is incorporated . However MacNamara does not explicitly disclose, but Black discloses : wherein the identifying information comprises source and destination media access control addresses (see at least col 10: 25-35, MAC packet with a source and destination address ) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MacNamara by adapting the teachings of Black to include MAC packets. The combination allows for increased bandwidth of the system interface (Black col 3: 42-48). Regarding claim 2 4 , the rejection of claim 23 is incorporated . However MacNamara does not explicitly disclose, but Black discloses : wherein the circuitry is configured to translate a command in the network message to a different command using a network stack that supports the network communication protocol (see at least col 11: 64- col 12: 27, protocol translator ) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine MacNamara and Black for the reasons listed above . Regarding claim 2 5 , the rejection of claim 21 is incorporated, and MacNamara further discloses: wherein the circuitry is included in a graphics processing unit (see at least paragraph 17, accelerator 110 is a GPU ) Regarding claim 2 6 , the rejection of claim 25 is incorporated, and MacNamara further discloses: wherein the processor is a graphics processing unit and the circuitry is included in a command processor of the graphics processing unit (see at least paragraph 17, accelerator 110 is a GPU ; figure 2 ; paragraph 21, processing circuitry 206 ) Regarding claim 2 7 , the rejection of claim 26 is incorporated, and MacNamara further discloses: wherein the command processor is configured to execute code of a network stack (see at least figure 3; paragraphs 23-26, functionality of the GPU including packet scheduling, packet traffic management, packet encryption and decryption, and other packet processing ) Regarding claim 2 8 , the rejection of claim 27 is incorporated, and MacNamara further discloses: wherein the network stack is executable to process network operations generated by threads executing on compute units of the graphics processing unit (see at least figure 3; paragraphs 23-26, functionality of the GPU including packet scheduling, packet traffic management, packet encryption and decryption, and other packet processing ) Regarding claims 7 and 8, the scope of the instant claims does not differ substantially from that of claims 3 and 4. Accordingly, claims 29-36 are rejected for the same reasons as claims 21-28 , respectively , claim 37 is rejected for the same reasons as claims 21 and 25, and claims 38-40 are rejected for the same reasons as claims 22, 23, and 26 , respectively . Examiner’s Note Claims 21 and 29 do not require a graphics processor and can be interpreted more broadly than the art citations provided above. For example, as noted in the background of the examined application CPUs can traditionally generate network messages and interact with the network interface. Potential art to read on these claims could include a CPU, without involving a separate CPU, detecting a network task and processing the task to generate a network message to send to the network interface. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Agostini discloses GPUDirect Async which removes dependency on the CPU by enabling the GPU to trigger communication on the HCA. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT KIMBERLY L JORDAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5481 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday, Tuesday, and Thursday 9am-3pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Kevin Young can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3180 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KIMBERLY L JORDAN/ Examiner, Art Unit 2194
Read full office action

Prosecution Timeline

Dec 20, 2022
Application Filed
Nov 10, 2023
Response after Non-Final Action
Apr 01, 2026
Non-Final Rejection — §103, §DP (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

1-2
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+34.0%)
4y 3m
Median Time to Grant
Low
PTA Risk
Based on 424 resolved cases by this examiner. Grant probability derived from career allow rate.

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