DETAILED ACTION
This is in response to the Applicant's arguments and amendments filed on 17 March 2026 in which claims 1-7, 16-27 are currently pending and claims 8-15 have been cancelled.
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 § 103
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.
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, 3, 6, 7, 16, 18, 21, 23, 26, 27 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (PG Pub US 2020/0287826 A1) in view of Nallamothu et al. (PG Pub US 2023/0079209 A1).
Regarding claims 1, 21, Wang discloses a first communication apparatus and a communication method.
at least one processor; and a memory storing instructions that, when executed by the at least one processor, cause the first communication apparatus to (fig. 6):
receive a first Ethernet virtual private network media access control (EVPN MAC) route from a second communication apparatus (“the PE 1 receives a first packet from a first AC” [0035], “the MP-BGP session starts exchanging the RT-3 route according to a signaling process defined in [EVPN Overlay] .. VXLAN EVPN service” [0199]), wherein the first EVPN MAC route carries a first virtual extensible local area network identifier (VNI) (“a VXLAN EVPN service is established .. and the same VNI is designated for the VXLAN EVPN traffic on each PE node” [0199], “An EVPN instance to which the Y packet belongs is determined through a VNI in the Y-th packet” [0168]);
generate a second EVPN MAC route based on the first EVPN MAC route, wherein the second EVPN MAC route carries the first MAC address and a first segment routing over IPv6 segment identifier (SRv6 SID) that is of the first communication apparatus and that corresponds to the first VNI (“the PE 1 processes and encapsulates the first packet to obtain one or more second packets. In this embodiment, each second packet includes a first IP .. The VLAN ID value corresponding to the first AC is configured in the first AC and used for matching the first packet” [0036], “When this module receives the third packet, if the destination IP of the third packet matches a local direct route and the route is generated from an EVPN instance interface, then the third packet is regarded to have the A-type extended SRv6 encapsulation and is forwarded in the EVPN instance corresponding to the EVPN instance interface” [0299], [0516]); and
send the second EVPN MAC route to a third communication apparatus (“the PE 1 sends each second packet” [0037]).
However, Wang does not explicitly disclose the first EVPN MAC route carries a first media access control (MAC) address.
Nevertheless, Nallamothu discloses “These may be advertised across core network 86 by cRPD 25A in a routing protocol message 74 that includes an EVPN route, e.g., Type-2 or Type-5. Such MAC addresses can include a MAC address for Pod 22A” [0102].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the first EVPN MAC route carry a first media access control (MAC) address because “Thereafter, virtualized router 32 may receive traffic on core-facing interface, the traffic destined for any of these MAC addresses, and forward such traffic to Pod 22 via virtual network interface 26” [0102].
Regarding claims 3, 23, Wan, Nallamothu discloses everything claimed as applied above. In addition, Wang discloses the first SRv6 SID is allocated to a first Ethernet virtual private network (EVPN) instance of the first communication apparatus (“When this module receives the third packet, if the destination IP of the third packet matches a local direct route and the route is generated from an EVPN instance interface, then the third packet is regarded to have the A-type extended SRv6 encapsulation and is forwarded in the EVPN instance corresponding to the EVPN instance interface” [0299]).
Regarding claims 6, 26, Wan, Nallamothu discloses everything claimed as applied above. In addition, Wang discloses record a correspondence between the first SRv6 SID and the first VNI (“a VXLAN tunnel and a binding relationship between the VXLAN tunnel and the EVPN instance are dynamically generated through the MP-BGP session as specified in [EVPN Overlay] protocol” [0167], “the RT-3 route can also generate binding relationships between all VXLAN tunnels and EVPN instances” [0198]).
Regarding claims 7, 27, Wan, Nallamothu discloses everything claimed as applied above. In addition, Wang discloses the first SRv6 SID is associated with performing virtual extensible local area network (VXLAN) encapsulation (“the SRV6 encapsulation is used to complete a function equivalent, in a certain sense, to a designated function completed by the VXLAN encapsulation” [0501]).
Regarding claim 16, Wang discloses a first communication apparatus.
at least one processor; and a memory storing instructions that, when executed by the at least one processor, cause the first communication apparatus to (fig. 6):
receive a first Ethernet virtual private network media access control (EVPN MAC) route from a second communication apparatus (“the PE 1 receives a first packet from a first AC” [0035], “the MP-BGP session starts exchanging the RT-3 route according to a signaling process defined in [EVPN Overlay] .. VXLAN EVPN service” [0199]), wherein the first EVPN MAC route carries a first SRv6 SID (“the third packet is regarded to have the A-type extended SRv6 encapsulation and is forwarded in the EVPN instance corresponding to the EVPN instance interface” [0299]);
generate a second EVPN MAC route based on the first EVPN MAC route (“the PE 1 processes and encapsulates the first packet to obtain one or more second packets. In this embodiment, each second packet includes a first IP .. The VLAN ID value corresponding to the first AC is configured in the first AC and used for matching the first packet” [0036], , wherein the second EVPN MAC route carries the first MAC address and a first virtual extensible local area network identifier (VNI) corresponding to the first SRv6 SID (“a VXLAN EVPN service is established according to FIG. 1 and the same VNI is designated for the VXLAN EVPN traffic on each PE node” [0199], “An EVPN instance to which the Y packet belongs is determined through a VNI in the Y-th packet” [0168])
send the second EVPN MAC route to a third communication apparatus (“the PE 1 sends each second packet” [0037]).
However, Wang does not explicitly disclose the first EVPN MAC route carries a first media access control (MAC) address.
Nevertheless, Nallamothu discloses “These may be advertised across core network 86 by cRPD 25A in a routing protocol message 74 that includes an EVPN route, e.g., Type-2 or Type-5. Such MAC addresses can include a MAC address for Pod 22A” [0102].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the first EVPN MAC route carry a first media access control (MAC) address because “Thereafter, virtualized router 32 may receive traffic on core-facing interface, the traffic destined for any of these MAC addresses, and forward such traffic to Pod 22 via virtual network interface 26” [0102].
Regarding claim 18, Wan, Nallamothu discloses everything claimed as applied above. In addition, Wang discloses the first VNI is allocated to a first Ethernet virtual private network (EVPN) instance of the first communication apparatus (“An EVPN instance to which the Y packet belongs is determined through a VNI in the Y-th packet” [0168]).
Allowable Subject Matter
Claims 2, 4-5, 17, 19-20, 22, 24-25 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.
Response to Arguments
Previous minor informality objection to the title is withdrawn in view of Applicant’s amendment.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “A data-plane packet from an AC is not an EVPN MAC route, and an RT-3 route is an Inclusive Multicast Ethernet Tag (IMET) route used for multicast/BUM signaling, not an EVPN MAC route” and “While Wang describes that the VXLAN service uses a VNI and that VNIs appear in packets to identify an EVPN instance or VXLAN segment, these disclosures concern data-plane packet contents”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, the claim language does not seem to restrict or specify what type of packet is used to transmit/receive. For example, the claim language is not limited to non-data-plane packets.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “such that the second EVPN MAC route carries a local SRv6 SID corresponding to the VNI” and “without mapping from a VNI to a local SRv6 SID in an EVPN MAC route”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicants have argued regarding claim 1 that “Wang does not teach generating an EVPN MAC route, nor does Wang teach that such a route carries both a MAC address and a local SRv6 SID corresponding to a VNI, or that such a route is sent to a third communication apparatus” (pages 9-10).
In response to Applicants’ argument, the examiner respectfully disagrees. As disclosed above, Wang teaches transmitting/receiving a route which comprises a VNI ([0199], [0168]). A second route is then generated and forwarded which comprises an extended SRv6 encapsulation ([0299], [0516]). The secondary reference Nallamothu is used to show an advertised EVPN route which comprises a MAC address ([0102]). Therefore, a combination of Wang and Nallamothu discloses the limitations of independent claim 1.
Conclusion
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 CHRISTINE D FUQUA whose telephone number is (571)270-1664. The examiner can normally be reached Monday - Friday 8 AM - 6 PM EST with every other Friday off.
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CHRISTINE DUONG FUQUA
Primary Examiner
Art Unit 2462
/CHRISTINE T DUONG/Primary Examiner, Art Unit 2462 04/28/2026
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