Prosecution Insights
Last updated: April 17, 2026
Application No. 18/125,101

Reactive Sub-Flow Spraying For Load Balancing

Final Rejection §103
Filed
Mar 22, 2023
Examiner
89854
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
unknown
OA Round
1 (Final)
Grant Probability
Favorable
2-3
OA Rounds
3y 1m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-58.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
1 currently pending
Career history
1
Total Applications
across all art units

Statute-Specific Performance

§103
66.7%
+26.7% vs TC avg
§102
33.3%
-6.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
DETAILED ACTION 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 . Response to Amendment Acknowledgment is made that claims 1, 2, 10 and 16 are amended. Claims 2, 11 and 17 are allowed. Claims 1-20 are pending in the instant application. Response to Arguments Applicant’s arguments, see Remarks, filed on 8/22/2025 have been fully considered. Claim rejections under 35 U.S.C. 103 Claims 1, 10 and 16 are rejected under 35 U.S.C. 103 for being unpatentable over Koponen et al. (US 2021/0377134), hereinafter Koponen in view of Zhang et al. (US 2015/0163146), hereinafter Zhang. Claim 1 has been amended as follows: “…assigning each sub-flow a different hash seed by adding the hash seed to each packet; transmitting packets from each of the sub-flows over a network based on the hash seed added to each packet” (Emphasis added) Claims 10 and 16 are amended with similar feature. On page 7 of the Remarks, Applicant argues the amendment overcomes prior art of record. Applicant’s argument is persuasive, therefore, a new ground of rejection is made in light of the amendment. 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. Claims 1, 10 and 16 are rejected under 35 U.S.C. 103 for being unpatentable over Koponen et al. (US 2021/0377134), hereinafter Koponen in view of Zhang et al. (US 2015/0163146), hereinafter Zhang further in view of Bao et al. (US 2018/0091426), hereinafter Bao. As for claim 1, Koponen teaches a method comprising: dividing a flow of packets between two endpoints into multiple sub-flows (paragraphs [0083] and [0092] describe a forwarding element processes packets to break an elephant flow into smaller mouse data flows, the process sends traffic belonging to a detected elephant flow along different paths); assigning each sub-flow a different hash seed (paragraph [0092] describes the forwarding element generates different hashes to send traffic along the different paths); transmitting packets from each of the sub-flows over a network (paragraph the forwarding element performs load balancing by sending traffic belonging to a detected elephant flow along different paths; claim 26 discloses an edge forwarding element (EFE) forwards packets that belong to small flows). Koponen fails to teach wherein assigning a different hash seed by adding the hash seed to each packet; wherein packets are transmitted based the hash seed added to each packet; monitoring performance for each sub-flow; and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow. Zhang discloses monitoring performance for each sub-flow (paragraph [0051] describes a controller reads path rate monitor values of an egress path group from a path rate monitor, and reads an identifier of any captured heavy flow subgroup from a heavy flow monitor. The controller makes a decision on how to update a flow rebalance table 516 (see Figure 5)); and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow (paragraphs [0053]-[0054] describe the flow rebalance table is updated by adding new table entries and replacing old table entries when the controller is notified by the indication signal. For example, the controller is further configured to update the flow rebalance table having an entry corresponding to a specific heavy flow subgroup of a specific flow group associated with the egress path group when the specific heavy subgroup of the specific flow group is evicted from the evicted from the heavy flow subgroup(s). The replacement of the table entry is construed as replacing a hash value because the entry includes a hash value (see Fig. 5; paragraph [0023] and [0041])). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Zhang for replacing a table entry including a hash value in response to a traffic congestion. The teachings of Zhang, when implemented in the Koponen system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Zhang in the Koponen system in order to speed up the load balancing response times in connection with network traffic changes. The combined system of Koponen and Zhang fails to teach wherein assigning a different hash seed by adding the hash seed to each packet (paragraph [0019] describes long-lived traffic flow is split into groups of packets (i.e. flowlets) a link redundancy (LR) component generates a different hash value for overlay packets within different flowlets); wherein packets are transmitted based the hash seed added to each packet (paragraph [0005] discloses “The method further includes inserting the second entropy value in an outer header of each packet in the second group of packets, and transmitting the second group of packets to the underlay network.”; paragraphs [0026]-[0028] describe the LR component generates a varying hash value for different groups of flowlets in a traffic flow. Note: the purpose of assigning different hash values (i.e. append source and destination address values) to different groups of flowlets is to route the flowlets to different destinations based on the hash value (e.g. destination address value)). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Bao for generating a varying of entropy value for different group of packets. The teachings of Bao, when implemented in the Koponen and Zhang system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Bao in the Koponen and Zhang system in order to improve multi-path load balancing. As for claim 10, Koponen teaches a machine-readable storage device having instructions for execution by a processor of a machine to cause the processor to perform operations to perform a method (paragraph [0123] describes a computer readable media stores instructions that are needed by processing units to perform operations), the operations comprising: dividing a flow of packets between two endpoints into multiple sub-flows (paragraphs [0083] and [0092] describe a forwarding element processes packets to break an elephant flow into smaller mouse data flows, the process sends traffic belonging to a detected elephant flow along different paths); assigning each sub-flow a different hash seed (paragraph [0092] describes the forwarding element generates different hashes to send traffic along the different paths); transmitting packets from each of the sub-flows over a network (paragraph the forwarding element performs load balancing by sending traffic belonging to a detected elephant flow along different paths; claim 26 discloses an edge forwarding element (EFE) forwards packets that belong to small flows). Koponen fails to teach wherein assigning a different hash seed by adding the hash seed to each packet; wherein packets are transmitted based the hash seed added to each packet; monitoring performance for each sub-flow; and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow. Zhang discloses monitoring performance for each sub-flow (paragraph [0051] describes a controller reads path rate monitor values of an egress path group from a path rate monitor, and reads an identifier of any captured heavy flow subgroup from a heavy flow monitor. The controller makes a decision on how to update a flow rebalance table 516 (see Figure 5)); and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow (paragraphs [0053]-[0054] describe the flow rebalance table is updated by adding new table entries and replacing old table entries when the controller is notified by the indication signal. For example, the controller is further configured to update the flow rebalance table having an entry corresponding to a specific heavy flow subgroup of a specific flow group associated with the egress path group when the specific heavy subgroup of the specific flow group is evicted from the evicted from the heavy flow subgroup(s). The replacement of the table entry is construed as replacing a hash value because the entry includes a hash value (see Fig. 5; paragraph [0023] and [0041])). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Zhang for replacing a table entry including a hash value in response to a traffic congestion. The teachings of Zhang, when implemented in the Koponen system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Zhang in the Koponen system in order to speed up the load balancing response times in connection with network traffic changes. The combined system of Koponen and Zhang fails to teach wherein assigning a different hash seed by adding the hash seed to each packet; wherein packets are transmitted based the hash seed added to each packet. Bao discloses wherein assigning a different hash seed by adding the hash seed to each packet (paragraph [0019] describes long-lived traffic flow is split into groups of packets (i.e. flowlets) a link redundancy (LR) component generates a different hash value for overlay packets within different flowlets); wherein packets are transmitted based the hash seed added to each packet (paragraph [0005] discloses “The method further includes inserting the second entropy value in an outer header of each packet in the second group of packets, and transmitting the second group of packets to the underlay network.”; paragraphs [0026]-[0028] and [0039] describe the LR component generates a varying hash value for different groups of flowlets in a traffic flow. Note: the purpose of assigning different hash values (i.e. append source and destination address values) to different groups of flowlets is to route the flowlets to different destinations based on the hash value (e.g. destination address value)). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Bao for generating a varying of entropy value for different group of packets. The teachings of Bao, when implemented in the Koponen and Zhang system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Bao in the Koponen and Zhang system in order to improve multi-path load balancing. As for claim 16, Koponen teaches a device comprising: a processor (paragraph [0123] describes a processing unit); and a memory device coupled to the processor and having a program stored thereon for execution by the processor to perform operations comprising (paragraph [0123] describes computer readable storage media storing instructions that are executed by processing units to perform operations); dividing a flow of packets between two endpoints into multiple sub-flows (paragraphs [0083] and [0092] describe a forwarding element processes packets to break an elephant flow into smaller mouse data flows, the process sends traffic belonging to a detected elephant flow along different paths); assigning each sub-flow a different hash seed (paragraph [0092] describes the forwarding element generates different hashes to send traffic along the different paths); transmitting packets from each of the sub-flows over a network (paragraph the forwarding element performs load balancing by sending traffic belonging to a detected elephant flow along different paths; claim 26 discloses an edge forwarding element (EFE) forwards packets that belong to small flows). Koponen fails to teach wherein assigning a different hash seed by adding the hash seed to each packet; wherein packets are transmitted based the hash seed added to each packet; monitoring performance for each sub-flow; and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow. Zhang discloses monitoring performance for each sub-flow (paragraph [0051] describes a controller reads path rate monitor values of an egress path group from a path rate monitor, and reads an identifier of any captured heavy flow subgroup from a heavy flow monitor. The controller makes a decision on how to update a flow rebalance table 516 (see Figure 5)); and replacing a hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow (paragraphs [0053]-[0054] describe the flow rebalance table is updated by adding new table entries and replacing old table entries when the controller is notified by the indication signal. For example, the controller is further configured to update the flow rebalance table having an entry corresponding to a specific heavy flow subgroup of a specific flow group associated with the egress path group when the specific heavy subgroup of the specific flow group is evicted from the evicted from the heavy flow subgroup(s). The replacement of the table entry is construed as replacing a hash value because the entry includes a hash value (see Fig. 5; paragraph [0023] and [0041])). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Zhang for replacing a table entry including a hash value in response to a traffic congestion. The teachings of Zhang, when implemented in the Koponen system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Zhang in the Koponen system in order to speed up the load balancing response times in connection with network traffic changes. The combined system of Koponen and Zhang fails to teach wherein assigning a different hash seed by adding the hash seed to each packet; wherein packets are transmitted based the hash seed added to each packet. Bao discloses wherein assigning a different hash seed by adding the hash seed to each packet (paragraph [0019] describes long-lived traffic flow (i.e. elephant flow) is split into groups of packets (i.e. flowlets) a link redundancy (LR) component generates a different hash value for overlay packets within different flowlets); wherein packets are transmitted based the hash seed added to each packet (paragraph [0005] discloses “The method further includes inserting the second entropy value in an outer header of each packet in the second group of packets, and transmitting the second group of packets to the underlay network.”; paragraphs [0026]-[0028] and [0039] describe the LR component generates a varying hash value for different groups of flowlets in a traffic flow. Note: the purpose of assigning different hash values (i.e. append source and destination address values) to different groups of flowlets, is to route the flowlets to different destinations based on the hash value (e.g. destination address value)). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Bao for generating a varying of entropy value for different group of packets. The teachings of Bao, when implemented in the Koponen and Zhang system, will allow one of ordinary skill in the art to perform load balancing. One of ordinary skill in the art would be motivated to utilize the teachings of Bao in the Koponen and Zhang system in order to improve multi-path load balancing. Claims 3, 4, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Koponen (US 2021/0377134) in view of Zhang (US 2015/0163146) and Bao (US 2018/0091426) further in view of Cociglio et al. (US 2023/0246928), hereinafter Cociglio. As for claim 3, the combined system of Koponen, Zhang and Bao fails to teach wherein monitoring performance for each sub-flow comprises tracking round trip times for packets in each sub-flow. Cociglio discloses wherein monitoring performance for each sub-flow comprises tracking round trip times for packets in each sub-flow (paragraph [0008] describes the monitoring of performance of all the packet flows transmitted through a network; paragraphs [0017] and [0055] describe a failure condition is detected based on the round-trip packet loss values provided by a performance measurement application). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Cociglio for measuring round-trip packet loss values. The teachings of Cociglio, when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to detect a failure condition. One of ordinary skill in the art would be motivated to utilize the teachings of Cociglio in the Koponen, Zhang and Bao system in order to determine the latency of transmitting and receiving data packets which further helps determining the quality of a packet transmission. As for claim 4, the combined system of Koponen, Zhang and Bao fails to teach wherein monitoring performance for each sub-flow comprises tracking information corresponding to at least one of round trip times for packets, number of in-flight packets, number of ECN, or number of Acks. Cociglio discloses wherein monitoring performance for each sub-flow comprises tracking information corresponding to at least one of round trip times for packets, number of in-flight packets, number of ECN, or number of Acks (paragraph [0055] describes monitoring of failure condition based on the round-trip packet loss values provided by a performance measurement application). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Cociglio for measuring round-trip packet loss values. The teachings of Cociglio, when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to detect a failure condition. One of ordinary skill in the art would be motivated to utilize the teachings of Cociglio in the Koponen, Zhang and Bao system in order to determine the latency of transmitting and receiving data packets which further helps determining the quality of a packet transmission. As for claim 12, the claim recites all the same limitations of claim 3, therefore, the rejection of claim 3 is equally applies to claim 12. As for claim 18, the combined system of Koponen, Zhang and Bao fails to teach wherein monitoring performance for each sub-flow comprises tracking information corresponding to at least one of round trip times for packets, number of in-flight packets, number of ECN, or number of Acks. Cociglio discloses wherein monitoring performance for each sub-flow comprises tracking information corresponding to at least one of round trip times for packets, number of in-flight packets, number of ECN, or number of Acks (paragraph [0055] describes monitoring of failure condition based on the round-trip packet loss values provided by a performance measurement application). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Cociglio for measuring round-trip packet loss values. The teachings of Cociglio, when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to detect a failure condition. One of ordinary skill in the art would be motivated to utilize the teachings of Cociglio in the Koponen, Zhang and Bao system in order to determine the latency of transmitting and receiving data packets which further helps determining the quality of a packet transmission. Claims 5, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable of over Koponen (US 2021/0377134) and Zhang (US 2015/0163146) and Bao (US 2018/0091426) in view of Cociglio (US 2023/0246928) further in view of Tracy et al. (US 2023/0246956), hereinafter Tracy. As for claim 5, the combined system of Koponen, Zhang, Bao and Cociglio fails to teach wherein monitoring performance for each sub-flow comprises aging out tracked information such that the tracked information is representative of recent sub-flow performance. Tracy discloses wherein monitoring performance for each sub-flow comprises aging out tracked information such that the tracked information is representative of recent sub-flow performance (paragraph [0174] describes an updating of flow information is sent to an NVD, the update includes updated flow information and the corresponding version indicator(s). The NVD replaces the existing flow information and the version information with the updated flow information portion(s) and the corresponding version indicator(s)). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Tracy for replacing existing flow information with updated data. The teachings of Tracy when implemented in the Koponen, Zhang, Bao and Cociglio system, will allow one of ordinary skill in the art to obtain latest flow information. One of ordinary skill in the art would be motivated to utilize the teachings of Tracy in the Koponen, Zhang, Bao and Cociglio system in order to distribute configuration information and manage packet flows. As for claim 13, the claim recites all the same limitations of claim 5, therefore, the rejection of claim 5 is equally applies to claim 13. As for claim 19, the combined system of Koponen, Zhang, Bao and Cociglio fails to teach wherein monitoring performance for each sub-flow comprises aging out tracked information such that the tracked information is representative of recent sub-flow performance. Tracy discloses wherein monitoring performance for each sub-flow comprises aging out tracked information such that the tracked information is representative of recent sub-flow performance (paragraph [0174] describes an updating of flow information is sent to an NVD, the update includes updated flow information and the corresponding version indicator(s). The NVD replaces the existing flow information and the version information with the updated flow information portion(s) and the corresponding version indicator(s)). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Tracy for replacing existing flow information with updated data. The teachings of Tracy when implemented in the Koponen, Zhang, Bao and Cociglio system, will allow one of ordinary skill in the art to obtain latest flow information. One of ordinary skill in the art would be motivated to utilize the teachings of Tracy in the Koponen, Zhang, Bao and Cociglio system in order to distribute configuration information and manage packet flows. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Koponen (US 2021/0377134) in view of Zhang (US 2015/0163146) and Bao (US 2018/0091426) further in view of Srinivasan et al. (US 2019/0386924), hereinafter Srinivasan. As for claim 6, the combined system of Koponen, Zhang and Bao fails to teach wherein multiple sub-flows comprise eight or more sub-flows. Srinivasan discloses teach wherein multiple sub-flows comprise eight or more sub-flows (paragraphs [0040]-[0041] describe 8 traffic classes i.e., flows). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Srinivasan for implemented standard traffic flows. The teachings of Srinivasan when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to provide an adequate amount of communication channels for data transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Srinivasan the Koponen, Zhang and Bao system in order to provide a number of flows that can facilitate communications. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Koponen (US 2021/0377134) in view of Zhang (US 2015/0163146) and Bao (US 2018/0091426) in view of Vincent et al. (US 9,013,998). As for 7, the combined system of Koponen, Zhang and Bao fails to teach wherein a hash seed is 16 bits or more and is randomly generated. Vincent discloses wherein a hash seed is 16 bits or more and is randomly generated (col. 8, lines 25-28 describe a 16-bit hashing). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Vincent for applying a 16 bit hashing. The teachings of Vincent when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to create a unique hash. One of ordinary skill in the art would be motivated to utilize the teachings of Vincent in the Koponen, Zhang and Bao system in order to generate a hash that minimizes duplication of output values. Claims 8, 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Koponen (US 2021/0377134) in view of Zhang (US 2015/0163146) and Bao (US 2018/0091426) further in view of Ketonen et al. (US 2006/0291395), hereinafter Ketonen. As for claim 8, the combined system of Koponen, Zhang and Bao fails to teach wherein packets are transmitted for sub-flows in a round robin manner. Ketonen discloses wherein packets are transmitted for sub-flows in a round robin manner (paragraphs [0035]-[0038] describe the scheduling of packets not yet transmitted and packets not yet acknowledged. Both schedules are configured to operate on the basis of round robin scheme). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Ketonen for applying a round robin scheme. The teachings of Ketonen when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to schedule packet transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Ketonen in the Koponen, Zhang and Bao system in order to apply a fair and simple scheduling scheme to transmit packets. As for claim 9, the combined system of Koponen, Zhang and Bao fails to teach wherein packets in a packet flow are assigned to sub-flows in a round robin manner. Ketonen discloses wherein packets in a packet flow are assigned to sub-flows in a round robin manner (paragraphs [0035]-[0038] describe the scheduling of packets not yet transmitted and packets not yet acknowledged. Both schedules are configured to operate on the basis of round robin scheme). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Ketonen for applying a round robin scheme. The teachings of Ketonen when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to schedule packet transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Ketonen in the Koponen, Zhang and Bao system in order to apply a fair and simple scheduling scheme to transmit packets. As for claim 15, the combined system of Koponen, Zhang and Bao fails to teach wherein packets are transmitted for sub-flows in a round robin manner and packets in the packet flow are assigned to sub-flows in round robin manner. Ketonen discloses wherein packets are transmitted for sub-flows in a round robin manner and packets in the packet flow are assigned to sub-flows in round robin manner (paragraphs [0035]-[0038] describe the scheduling of packets not yet transmitted and packets not yet acknowledged. Both schedules are configured to operate on the basis of round robin scheme). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Ketonen for applying a round robin scheme. The teachings of Ketonen when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to schedule packet transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Ketonen in the Koponen, Zhang and Bao system in order to apply a fair and simple scheduling scheme to transmit packets. Claims 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Koponen (US 2021/0377134) and Zhang (US 2015/0163146) and Bao (US 2018/0091426) in view of Srinivasan (US 2019/0386924) further in view of Vincent (US 9,013,998). As for claim 14, the combined system o Koponen, Zhang and Bao fails to teach wherein multiple sub-flows comprise eight or more sub-flows and wherein the hash seed is 16 bits or more and is randomly generated. Srinivasan discloses teach wherein multiple sub-flows comprise eight or more sub-flows (paragraphs [0040]-[0041] describe 8 traffic classes i.e., flows). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Srinivasan for implemented standard traffic flows. The teachings of Srinivasan when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to provide an adequate amount of communication channels for data transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Srinivasan the Koponen, Zhang and Bao system in order to provide a number of flows that can facilitate communications. The combined system of Koponen, Zhang, Bao and Srinivasan fails to teach wherein a hash seed is 16 bits or more and is randomly generated. Vincent discloses wherein a hash seed is 16 bits or more and is randomly generated (col. 8, lines 25-28 describe a 16-bit hashing). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Vincent for applying a 16 bit hashing. The teachings of Vincent when implemented in the Koponen, Zhang, Bao and Srinivasan system, will allow one of ordinary skill in the art to create a unique hash. One of ordinary skill in the art would be motivated to utilize the teachings of Vincent in the Koponen, Zhang, Bao and Srinivasan system in order to generate a hash that minimizes duplication of output values. As for claim 20, the combined system of Koponen, Zhang and Bao fails to teach wherein multiple sub-flows comprise eight or more sub-flows and wherein the hash seed is 16 bits or more and is randomly generated. Srinivasan discloses teach wherein multiple sub-flows comprise eight or more sub-flows (paragraphs [0040]-[0041] describe 8 traffic classes i.e., flows). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Srinivasan for implemented standard traffic flows. The teachings of Srinivasan when implemented in the Koponen, Zhang and Bao system, will allow one of ordinary skill in the art to provide an adequate amount of communication channels for data transmission. One of ordinary skill in the art would be motivated to utilize the teachings of Srinivasan the Koponen, Zhang and Bao system in order to provide a number of flows that can facilitate communications. The combined system of Koponen, Zhang, Bao and Srinivasan fails to teach wherein a hash seed is 16 bits or more and is randomly generated. Vincent discloses wherein a hash seed is 16 bits or more and is randomly generated (col. 8, lines 25-28 describe a 16-bit hashing). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Vincent for applying a 16 bit hashing. The teachings of Vincent when implemented in the Koponen, Zhang, Bao and Srinivasan system, will allow one of ordinary skill in the art to create a unique hash. One of ordinary skill in the art would be motivated to utilize the teachings of Vincent in the Koponen, Zhang, Bao and Srinivasan system in order to generate a hash that minimizes duplication of output values. Allowable Subject Matter Claim 2 is allowed. Claim 2 recites the limitations “A method comprising: dividing a flow of packets between two endpoints into multiple sub-flows; assigning each sub-flow a different hash seed; transmitting packets from the sub-flows over a network; monitoring performance for each sub-flow; and replacing the hash seed of an underperforming first sub-flow with a new hash seed based on a performance status of the first sub-flow; transmitting packets from the sub-flows over a network; monitoring performance for each sub-flow; waiting for a selected time period from a previous replacing of a sub-flow hash seed; and replacing the hash seed of an underperforming sub-flow with a new hash seed based a performance status of the underperforming sub-flow.” The following is an examiner’s statement of reasons for allowance: Claim 2 includes allowable subject matter and prior fails to teach the underlined limitations recited in claim 2. The following is a statement of reasons for the indication of allowable subject matter: Claim 11 recites the limitations “The method of claim 10 and further comprising following replacing the hash seed: transmitting packets from the sub-flows over a network; monitoring performance for each sub-flow; waiting for a selected time period from a previous replacing of a sub-flow hash seed; and replacing the hash seed of an underperforming sub-flow with a new hash seed based on the network status of the first sub-flow.” Claim 17 recites similar limitations. Zemach discloses the processes of replacing a hash function and transmitting of packets to different interfaces (see paragraphs [0093]-[0094] and [0106]). Zemach fails to teach or suggest “waiting for a selected time period from a previous replacing of a sub-flow hash seed and replacing the hash seed of an underperforming sub-flow with a new hash seed based on the network status of the first sub-flow” as claimed. Claims 11 and 17 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. Conclusions The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Narayanan (US 10,212,089) teaches encapsulating traffic entropy into virtual WAN overlay for better load balancing Danilov et al. (US 11,347,431) teach signal events for synchronization to facilitate mode changes in a streaming data storage platform Hirsch et al. (US 2018/0365284) teach concurrent segmentation using vector processing. 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). 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 L. T N. whose telephone number is (571)272-1013. The examiner can normally be reached M & Th 5:30 am - 2:30 pm EST. 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, TONIA DOLLINGER can be reached at 571-272-4170. 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. /L. T. N/ Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
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Prosecution Projections

2-3
Expected OA Rounds
Grant Probability
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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