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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 5 and 13 depends from claims that have been cancelled.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Appropriate amendment to the description to provide clear support or antecedent basis for “a bandwidth percentage queue fill per hash” and a “percentage queue fill per hash” of claims 5 and 13 is required, provided no new matter is introduced.
Rejoinder
Claims 1 and 9 are allowable. Claims 6 and 14, previously withdrawn from consideration as a result of a restriction/an election of species requirement, require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the requirement is hereby withdrawn and the latter claim(s) is/are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the requirement, the applicant(s) is/are advised that if any claim presented in a continuation or divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Allowable Subject Matter
Claims 1-3, 6-11, 14, 15, 16-20, 22, and 23 are allowed.
Reasons for Allowance
The examiner’s statement of reasons for allowance follows. These reasons for allowance should not be interpreted to imply that limitations not specifically mentioned are immaterial to patentability.
Claims 1-3, 6-11, 14, 15, 16-20, 22, and 23 are allowable in light of the amendments and arguments of June 9, 2026.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Other Art
The prior art made of record and not relied upon is considered pertinent to the instant disclosure. For example, US 20080298236 discloses dynamic link aggregation in a communications network.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lance Leonard Barry whose telephone number is (571)272-5856. The examiner can normally be reached M-F 700-430 ET 730-1630.
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 email the Examiner.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached on 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LANCE LEONARD BARRY/ Primary Examiner, Art Unit 2457
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