Prosecution Insights
Last updated: October 01, 2026
Application No. 18/364,296

SPLITTING PAYLOADS ACROSS OUT-OF-BAND (OOB) PACKETS IN HETEROGENEOUS COMPUTING PLATFORMS

Non-Final OA §103
Filed
Aug 02, 2023
Examiner
ZAIDI, IQBAL
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Dell Products L.P.
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1114 granted / 1232 resolved
+32.4% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
28 currently pending
Career history
1257
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1232 resolved cases

Office Action

§103
DETAILED ACTION The instant application having application No 18/364,296 filed on 04/20/2026 is presented for examination by the examiner. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-5, 10-12 and 19-26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Butcher et al. (U.S 20160202964, Jul. 14, 2016) in view of Aldana et al. (US 12388489, Aug. 12, 2025). Regarding Claim 1, Butcher discloses an Information Handling System (IHS), comprising: a processor, and a memory coupled to the processor, the memory having program instructions stored thereon that are executable by the processor(page 3, par (0016), line 1-10, instruction metadata payload that includes locator information be used by the software to find and retrieve the firmware update payload that the software can apply the firmware updates of the information handling system (HIS)) to cause the IHS to identify a target device of a payload(page 6, par (0040), line 1-10, the target device to retrieve the identified binary firmware image from the firmware update package, and to complete firmware update on the target device of system an information handling System (HIS)), wherein the target device comprises an Out- of-Band (OOB) Microcontroller Unit (MCU) or an Embedded Controller (EC) integrated into or coupled to a heterogeneous computing platform of a client IHS(page 4, par (0028), line 1-10, information handling system (HIS) includes a remote access controller that includes at least one out-of-band (OOB) processor and associated embedded memory having a custom UEFI capsule stored thereon). Butcher discloses all aspects of the claimed invention, except based at least in part upon the target device, split the payload across two or more packets, wherein a size of each packet of the two or more packets is selected based, at least in part, upon a buffer size of the target device. Aldana is the same field of invention teaches based at least in part upon the target device, split the payload across two or more packets, wherein a size of each packet of the two or more packets is selected based, at least in part, upon a buffer size of the target device (column 26, line 1-20, the time window include a sub-slot or mini-slot within a given slot(wherein the slot is the buffer size of the device), the first UWB device determine a duration for transmitting the payload to the second UWB device based on the size (e.g., in bits(wherein given slot is a buffer size of the target device and sub-slot are with a slot) of the payload and a data/bit transfer rate for the Channel or connection between the first UWB device, the first UWB device determine to split the segment into at least the first portion and the second portion responsive to the duration for transmitting the payload(based on the buffer or slot size determine the payload splits)). Butcher and Aldana l analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the based at least in part upon the target device, split the payload across two or more packets the teaching of Butcher to include the determining to split the STS into the first portion and the second portion of the STS, is responsive to a size of a payload the teaching of Aldana because it is providing an optimized range along with a reduction in power consumption, at the expense of possibly higher complexity at the receiver. Regarding Claim 2, Butcher discloses the heterogeneous computing platform comprises: a System-On-Chip (SoC), a Field-Programmable Gate Array (FPGA), or an Application- Specific Integrated Circuit (ASIC) (page 4, par (0030), line 1-10, an information handling system (HIS) provided with one or more processing devices that perform the functions of processing device, processing device, remote access controller, and other optional processing devices, such processing devices include, central processing units (CPUs), embedded controllers, microcontrollers, application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs), etc.). Regarding Claim 3, Butcher discloses the heterogeneous computing platform comprises a Reduced Instruction Set Computer (RISC) processor and a plurality of devices coupled to an interconnect (page 4, par (0030), line 1-10, an information handling system (HIS) provided with one or more processing devices that perform the functions of processing device, processing device, remote access controller, and other optional processing devices, such processing devices include, central processing units (CPUs)). Regarding Claim 4, Butcher discloses the plurality of devices comprises at least one of: a Graphical Processing Unit (GPU), an audio Digital Signal Processor (aDSP), a sensor hub, a Neural Processing Unit (NPU), a Tensor Processing Unit (TPU), a Neural Network Processor (NNP), an Intelligence Processing Unit (IPU), an Image Signal Processor (ISP), or a Video Processing Unit (VPU) (page 4, par (0029), line 1-10, system include one or more host processing devices, one or more buses or communication media, video/graphics hardware, storage, system memory (e.g., RAM), local input/output (I/O) , provides a mechanism for the various components of system to communicate and couple with one another). Regarding Claim 5, Butcher discloses the interconnect comprises at least one of an Advanced Microcontroller Bus Architecture (AMBA) bus, a QuickPath Interconnect (QP1) bus, or a HyperTransport (HT) bus(page 6, par (0041), line 1-10, the information handling system include one or more storage devices, one or more communications ports for communicating with external devices as well as various input and output (I/O) devices, the information handling system include one or more buses(wherein QP1 bus) operable to transmit communications between the various hardware components). Regarding Claim 10, Butcher discloses all aspects of the claimed invention, except the two or more packets comprise opaque OOB packets. Aldana is the same field of invention teaches the two or more packets comprise opaque OOB packets (Column 24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel between the devices in which the frames are sent to the other out-of-band (OOB) channel). Regarding Claim 11, Butcher discloses all aspects of the claimed invention, except the program instructions, upon execution by the processor, cause the IHS to transmit the two or more packets to the client IHS as part of an OOB packet sniffing operation. Aldana is the same field of invention teaches the program instructions, upon execution by the processor, cause the IHS to transmit the two or more packets to the client IHS as part of an OOB packet sniffing operation (Column241, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel between the devices in which the frames are sent to the peripheral device, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a non-UWB channel, such as on a BLUETOOTH channel, a Wi-Fi channel, out-of-band (OOB) channel). Regarding Claim 12, Butcher discloses at least one of the OOB MCU or the EC is configured to store the two or more packets in a memory or storage device external to the OOB MCU or EC (page 4, par (0028), line 1-10, information handling system (HIS) includes a remote access controller that includes at least one out-of-band (OOB) processor and associated embedded memory having a custom UEFI capsule stored thereon). 13-18. (Canceled). Regarding Claim 19, Butcher discloses a method, comprising determining whether a payload targets an Out-of-Band (OOB) Microcontroller Unit (MCU) integrated into a heterogeneous computing platform of a client IHS, or an Embedded Controller (EC) integrated into or coupled to the heterogeneous computing platform of the client IHS(page 4, par (0028), line 1-10, information handling system (HIS) includes a remote access controller that includes at least one out-of-band (OOB) processor and associated embedded memory having a custom UEFI capsule stored thereon). Butcher discloses all aspects of the claimed invention, except wherein a size of each packet of the first or second plurality of OOB packets is selected based, at least in part, upon a buffer size of a target device comprising either of the OOB MCU or the EC. Aldana is the same field of invention teaches wherein a size of each packet of the first or second plurality of OOB packets is selected based, at least in part, upon a buffer size of a target device comprising either of the OOB MCU or the EC (column 26, line 1-20, the time window include a sub-slot or mini-slot within a given slot(wherein the slot is the buffer size of the device), the first UWB device determine a duration for transmitting the payload to the second UWB device based on the size (e.g., in bits(wherein given slot is a buffer size of the target device and sub-slot are with a slot) of the payload and a data/bit transfer rate for the Channel or connection between the first UWB device, the first UWB device determine to split the segment into at least the first portion and the second portion responsive to the duration for transmitting the payload(based on the buffer or slot size determine the payload splits), also see column 24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a out-of-band (OOB) channel or link). Butcher and Aldana l analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the based at least in part upon the target device, split the payload across two or more packets the teaching of Butcher to include the determining to split the STS into the first portion and the second portion of the STS, is responsive to a size of a payload the teaching of Aldana because it is providing an optimized range along with a reduction in power consumption, at the expense of possibly higher complexity at the receiver. Regarding Claim 20, Butcher discloses all aspects of the claimed invention, except a first size of each packet of the first plurality of OOB packets is selected based, at least in part, upon a buffer size of the OOB MCU, or wherein a second size of each packet of the second plurality of OOB packets is selected based, at least in part, upon a buffer size of the EC. Aldana is the same field of invention teaches a first size of each packet of the first plurality of OOB packets is selected based, at least in part, upon a buffer size of the OOB MCU, or wherein a second size of each packet of the second plurality of OOB packets is selected based, at least in part, upon a buffer size of the EC (Column24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel or link between the devices in which the frames are sent to the peripheral device, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a non-UWB channel, such as on a BLUETOOTH channel, a Wi-Fi channel, or other out-of-band (OOB) channel). Regarding Claim 21, Butcher discloses all aspects of the claimed invention, except the heterogeneous computing platform comprises a Reduced Instruction Set Computer (RISC) processor and a plurality of devices coupled to an interconnect. Aldana is the same field of invention teaches the heterogeneous computing platform comprises a Reduced Instruction Set Computer (RISC) processor and a plurality of devices coupled to an interconnect (Column 10, line 10-20, communicably coupled with the peripheral device(s) following a pairing or handshaking process, the first device configured to exchange handshake packet(s) with the peripheral device(s), to pair (e.g., establish a specific or dedicated connection or link between) the first device and the peripheral device). Regarding Claim 22, Butcher discloses the interconnect comprises at least one of: an Advanced Microcontroller Bus Architecture (AMBA) bus, a QuickPath Interconnect (QPI) bus, or a HyperTransport (HT) bus (page 4, par (0029), line 1-10, system include one or more host processing devices, one or more buses or communication media, video/graphics hardware, storage (e.g., hard disks), system memory (e.g.,RAM), local input/output (I/O), and peripherals). Regarding Claim 23, Butcher discloses all aspects of the claimed invention, except reordering, by at least one of the OOB MCU or the EC, the first or second plurality of the OOB packets based, at least in part, upon a plurality of packet numbers stored in headers of the two or more packets. Aldana is the same field of invention teaches reordering, by at least one of the OOB MCU or the EC, the first or second plurality of the OOB packets based, at least in part, upon a plurality of packet numbers stored in headers of the two or more packets (Column24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel or link between the devices in which the frames are sent to the peripheral device, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a non-UWB channel, such as on a BLUETOOTH channel, a Wi-Fi channel, or other out-of-band (OOB) channel). Regarding Claim 24, Butcher discloses all aspects of the claimed invention, except the first or second plurality of the OOB packets comprise opaque OOB packets. Aldana is the same field of invention teaches the first or second plurality of the OOB packets comprise opaque OOB packets (Column24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a non-UWB channel, such as on a BLUETOOTH channel, a Wi-Fi channel, or other out-of-band (OOB) channel). Regarding Claim 25, Butcher discloses all aspects of the claimed invention, except transmitting the first or second plurality of the OOB packets to the client IHS as part of an OOB packet sniffing operation. Aldana is the same field of invention teaches transmitting the first or second plurality of the OOB packets to the client IHS as part of an OOB packet sniffing operation (Column 24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel between the devices in which the frames are sent to the other out-of-band (OOB) channel). Regarding Claim 26, Butcher discloses all aspects of the claimed invention, except storing, by at least one of the OOB MCU or the EC, the first or second plurality of the OOB packets in a memory or storage device external to the OOB MCU or EC. Aldana is the same field of invention teaches storing, by at least one of the OOB MCU or the EC, the first or second plurality of the OOB packets in a memory or storage device external to the OOB MCU or EC (Column24, line 35-45, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on the UWB channel or link between the devices in which the frames are sent to the peripheral device, the frame splitting determination engine configured to provide the segment splitting scheme to the peripheral device on a non-UWB channel, such as on a BLUETOOTH channel, a Wi-Fi channel, or other out-of-band (OOB) channel). Response to Argument Applicant's arguments with respect to claims 1-7, 9-12 and 19-26 have been considered but are moot in view of the new ground(s) of rejection. However, the new ground(s) of rejection is made in view of over Butcher et al. (U.S 20160202964, Jul. 14, 2016) and Aldana et al. (US 12388489, Aug. 12, 2025). Examiner Notice Claim 1 would be allowable if (i) claims 6 or 7 are incorporated into the independent claim 1. Claim 19 would be allowable if (i) claims 6 or 7 are incorporated into the independent claim 19. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: Wang et al. (US 20240244284, Jul. 18, 2024) teaches Virtual remote Control Among Digital Assistant Devices. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /IQBAL ZAIDI/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Aug 02, 2023
Application Filed
Aug 14, 2025
Non-Final Rejection mailed — §103
Nov 12, 2025
Response Filed
Feb 24, 2026
Final Rejection mailed — §103
Apr 20, 2026
Response after Non-Final Action
May 22, 2026
Request for Continued Examination
Jun 03, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+6.8%)
2y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1232 resolved cases by this examiner. Grant probability derived from career allowance rate.

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