DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This final action is responsive to the amendments filed on 02/27/2026.
Claims 1-20 are pending.
Response to Amendment
Applicant has amended independent claims 1, 11, 15 and dependent claims 2, 6, 9-10, 12-14, 16-17 to include new/old limitations in a form not previously presented necessitating new search and considerations. New claims 18-20 have been added by the Applicant.
Specification
The new amended title of the invention should be amended as following suggestion:
-- NETWORK ADAPTER, COMPUTING DEVICE, AND DATA ACQISITION METHOD [[BASED ON PERFORMING A TAG MATCHING OPERATION --
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.
Claims 1-20 are rejected under 35 U.S.C. 112 (b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as the invention.
The following claim language is not clearly understood:
Claim 1 recites “a first tag matching a tag comprised in the first information … wherein the first tag is acquired from the second processor”. It is unclear what is the source of first tag i.e. if the first tag is acquired from the another message sent by the sending node or first tag is generated at the receiving node by the second processor.
Claim 2 recites “storing the first tag in a storage space for storing the second information in the memory”. It is unclear what constitutes the second information i.e. is the first tag stored in the memory as a second information or second information is obtained from some other source. Similar deficiency exists with respect to claim 10.
Claim 6 recites “acquiring the first data from the first information based on the first tag, wherein the first information comprise the first data”, while claim 1 recites “wherein the first send message comprise first data or information about the first data” i.e. claim 1 is directed to receiving data or information about data. It is unclear if the first data is acquired from the first information as recited in claim 6 or from the send message as recited in claim 1.
Claims 11 and 15 recite elements of claim 1 and have similar deficiency as claim 1. Therefore, they are rejected for the same rational. Remaining dependent claims 2-10, 12-14 and 16-20 are also rejected due to similar deficiency inherited from the rejected independent claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more or integrating into practical application.
Claims 1-20 are determined to be directed to an abstract idea. Examples of abstract ideas include at least Mathematical concepts, Mental process and Certain Methods of organizing human activity. Independent claim 1 is directed to “matching tags in the received information and tags acquired by the second processor” at a high level of generality.
Step 1
As described in MPEP § 2106, subsection III, Step 1 of the eligibility analysis asks: Is the claim to a process, machine, manufacture or composition of matter?
Claim 1 recites a network adapter comprising a processor and claim 11 recites computing device comprising processor, which falls within the “machine / manufacture” category of 35 U.S.C. § 101. Claim 15 recites a method, which falls within the “process” category of 35 U.S.C. § 101. Thus, the analysis determines whether the claims recite a judicial exception and fail to integrate the exception into practical application.
Step 2A Prong One
As described in MPEP § 2106, subsection III, Step 2A of the Office’s eligibility analysis is the first part of the Alice/Mayo test, i.e., the Supreme Court’s "framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts." Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 217-18, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. at 77-78, 101 USPQ2d at 1967-68).
Step 2A is a two-prong inquiry, in which examiners determine in Prong One whether a claim recites a judicial exception, and if so, then determine in Prong Two if the recited judicial exception is integrated into a practical application of that exception.
claim elements
i
1. A network adapter, wherein a receiving node comprises the network adapter and a second processor, and the network adapter comprises: a first processor; and a memory, wherein the memory stores a computer-readable program and first information; and
generic computing components
ii
the first processor is configured to execute the computer-readable program in the memory, to enable the network adapter to perform operations comprising:
generic computing components
iii.
receiving a first send message sent by a sending node to the receiving node
information gathering / data collection
iv.
wherein the first send message comprises first data or information about the first data; and
information about data
v.
in response to a first tag matching a tag comprises in the first information,
mental process abstract idea
vi.
sending the first data to the second processor,
information transmission
vii.
wherein the first tag is acquired from the second processor
information gathering / data collection
The process described by steps [v] describes “concepts performed in the human mind” or “observation, evaluation, judgement, opinion.” Step [v] recites “in response to a first tag matching a tag comprises in the first information,”, which is a combination of observation, evaluation, judgement and opinion, and can be performed by human mind alone or with the aid of pen and paper. The courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011).
Thus, claim 1 recites a judicial exception. For these same reasons, claims 11 and 15 also recites judicial exception.
Step 2A, Prong Two
As described in MPEP § 2106, subsection III, Step 2A of the Office’s eligibility analysis is the first part of the Alice/Mayo test, i.e., the Supreme Court’s "framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts." Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 217-18, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. at 77-78, 101 USPQ2d at 1967-68).
Step 2A is a two-prong inquiry, in which examiners determine in Prong One whether a claim recites a judicial exception, and if so, then determine in Prong Two if the recited judicial exception is integrated into a practical application of that exception.
Because claims 1, 11 and 15 recite a judicial exception, Analysis determines if the claims recites additional elements that integrate the judicial exception into practical application.
In addition to the limitations of claim 1 discussed above that recite the abstract concepts, claim 1 also recites additional steps [i]-[iv] and [vi]-[vii]. Claim 1 in steps [i] and [ii] recites conventional and generic computing components e.g. network adapter, processor, memory, program performing convention and generic computing method and therefore are neither inventive nor provide improvement to the technology and/or technical field. Therefore, these elements don’t integrate the abstract idea into practical application.
Claim 1 steps [iii], [vi], and [vii] are directed to either information gathering/collection and/or information transmitting. Information gathering is considered insignificant extra solution activity and therefore do not integrate into practical application. Similar, information transmission is commonly performed in the field of computing and therefore is neither inventive nor provide improvement to the technical or technological field. Claim 1 in steps [iv] recites “the first send message comprises first data or information about the first data”, which is directed to further describing the message, without further imposing meaningful limitations in such as a manner to integrate the abstract idea into practical application i.e. these are also neither inventive nor provide improvement to the technology or technical field. The Specification doesn’t provide additional details that would distinguish the additional limitations recited in claim 1 from a generic implementation of the abstract idea. Thus, the additional claim elements recited in steps [i]-[iv] , and [vi]-[vii] either alone or in combination, under broadest reasonable interpretation, do not integrate the judicial exception into a practical application.
Thus, claim 1 recites a judicial exception without integrating into practical application. For these same reasons and based on similar analysis as above, claims 11 and 15 also recites judicial exception without integrating into practical application.
Step 2B
As described in MPEP § 2106, subsection III, Step 2B of the Office’s eligibility analysis is the second part of the Alice/Mayo test, i.e., the Supreme Court’s "framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts." Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 217, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. 66, 101 USPQ2d 1961 (2012)).
Step 2B asks: Does the claim recite additional elements that amount to significantly more than the judicial exception.
Because claims 1, 11 and 17 are directed to judicial exception, analysis must determine, according to Alice, whether these claims recite an element, or combination of elements that is enough to ensure that the claim is directed to significantly more than a judicial exception.
The Memorandum, Section III (B) (footnote 36) states:
In accordance with existing guidance, an Examiner’s conclusion that an additional element (or combination of elements) is well understood, routine, conventional activity must be supported with a factual determination. For more information concerning evaluation of well-understood, routine, convention activity, see MPEP 2106.05(d), as modified by the USPTO Berkheimer Memorandum.
The Berkheimer Memorandum, Section III(A)(1) states:
A Specification demonstrates the well-understood, routine, conventional nature of additional elements when it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, on in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 §U.S.C. 112(a). A finding that an element is well-understood, routine, or conventional cannot be based only on the fact that the specification is silent with respect to describing such element.
Regarding the network adaptor, processors, memories, program, receiving node as recited in claim 1 steps [i]-[ii], the conventional or generalized function terms by which the computer components are described reasonably indicate that Specification discloses conventional component, and describes the component in a manner that indicates that these elements are sufficient well-known that the Specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). Further, the Specification does not provide additional details that would distinguish the recited components from generic implementation in the combination. Claim 1 steps [iii], [vi], and [vii] are directed to either information gathering/collection and/or information transmitting. Information gathering is considered insignificant extra solution activity. See Elec. Power, 830 F.3d at 1350. Similarly, information transmission is commonly performed in the field of computing and therefore is well-understood, routine and conventional as recognized by one of ordinary skills in the art. Claim 1 in step [iv] recites “the first send message comprises first data or information about the first data”, which are only informative and do not impose further limitations on the abstract idea in such a manner to make the abstract idea patent eligible and do not amount to significantly more. These limitations either alone or in combination simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. Further, the Specification doesn’t provide additional details that would distinguish the additional limitations as recited in the claim from a generic implementation of the abstract idea.
Thus, Claims 1 is directed to mental process abstract idea without integrating into practical application and also do not amount to significantly more than a patent ineligible concept. Based on similar rationale and analysis as above, claims 11 and 15 are directed to mental process abstract idea without integrating into practical application and also do not amount to significantly more.
Claim 2 recites “second information, the second information comprises a tag that is acquired from the second processor and that fails in tag matching performed by the network adapter, and the operations further comprising: in response to the first tag failing to match, storing the first tag in a storage space for storing the second information in the memory” which is directed to failed tag matching and further storing the first tag in memory. Failing tag matching is directed to mental process abstract idea. Storing information is basic computing activity.
Claim 3 recites wherein the second processor is connected to the network adapter through a bus, the network adapter is operable to receive, through the bus, the first tag sent by the second processor, and the network adapter is operable to send the first data to the second processor through the bus, which is directed to information gathering/ distribution using generic computing component. Information gathering / transmission is considered insignificant extra solution activity.
Claim 4 recites the first send message is transmitted, through a network, by a source process executed by the sending node to a destination process executed by the receiving node, which is directed to information transmission between nodes. Transmission of information is neither inventive nor amount to significantly more.
Claim 5 recites wherein the receiving node and the sending node are operable to communicate with each other through a message passing interface (MPI), which is directed to MPI communication is well-known in the art (See Background [0003]).
Claim 6 recites the operations further comprise: acquiring the first data from the first information based on the first tag, wherein the first information comprises the first data; or acquiring the first data based on the information about the first data associated with the first tag, wherein the information about the first data indicates information about an address at which the first data is stored, which is directed to successful tag matching and acquiring data. As explained above, tag matching is considered a mental process abstract idea. Acquiring information is considered insignificant extra solution activity.
Claim 7 recites wherein acquiring the first data based on the address associated with the first tag comprises: acquiring the first data from a storage space that is in the memory and that is indicated by the address associated with the first tag, which is associated with acquiring data associated with the first tag and is no more than insignificant information gathering activity. Tag matching is mental process abstract idea.
Claim 8 recites wherein acquiring the first data based on the address associated with the first tag comprises: acquiring the first data from a storage space that is in the sending node and that is indicated by the address associated with the first tag, which is also directed to gather information based on certain condition and is directed to mental process abstract idea and additional elements are directed to insignificant extra solution activity of information gathering.
Claim 9 recites wherein the first processor is configured to execute the computer-readable program in the memory to enable the network adapter to perform operations further comprising: deleting the first tag in the first information, which is directed to basic computing activity of deleting data, and therefore is neither inventive nor amount to significantly more.
Claim 10 recites elements similar to claim 1 but with second information, second tag and storing tag in response to the failed matching. Therefore, based on similar analysis / rationales, claim 10 also recites abstract idea and neither integrate into practical application nor amount to significantly more.
Based on similar analysis / rationales as above, dependent claims 12-14 and 16-20 recite claim elements that are either abstract idea or additional claim elements, that individually or in combination, are either generic computing methods/components or insignificant pre-post solution activity and neither integrate into practical application nor amount to significantly more.
Therefore, the claim(s) 1-20 are rejected under 35 U.S.C. 101 as being directed to judicial exception without integrating into practical application or significantly more.
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 1-8, 10-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rimmer et al. (US2020/0358721, hereafter Rimmer) in view of Feirmuth et al. (US 2009/0222564 A1, hereafter Feirmuth).
Rimmer was cited in the last office action.
As per claim 1, Rimmer teaches the invention substantially as claimed including a network adapter (fig. 14 Network interface 1400), wherein a receiving node comprises the network adapter and a second processor ([0077] fig. 11 receiver node 1110 [0100] network interface 1400 may be embedded as part of system-on-a-chip that includes one or more processors [0031] receiver network interface [0033] node, host system computing platform 602, NIC 650, transmit and receive packets), and the network adapter comprising comprises (fig. 14 NIC 1400):
a first processor (fig. 14 1404 ); and a memory (fig. 14 1410), wherein the memory stores a computer-readable program and first information ([0105]); and
the first processor is configured to execute the computer-readable program in the memory ([0101] fig. 14 processors 1404 memory 1410; processors 1404 can perform determination ), to enable the network adapter to perform operations comprising ([0101] processors 1404 can perform a determination of whether a received packet can be stored in a buffer selected by NIC 1400):
receiving a first send message sent by a sending node to the receiving node ([0024] fig. 2 sender, message, sent, network, receiver, store data received from a sender to receiver [0036] receive operations of NIC 650), wherein the first send message comprises first data or information about the first data ([0024] integer referred to as tag, source identifier, destination identifier, data in a message sent on the network to receiver); and
in response to a first tag matching a tag comprised in the first information ([0024] integer referred to as tag, data in a message sent on the network to receiver [0025] tag matching, offloaded, NIC [0027] NIC performs tag matching), sending the first data to the second processor ([0033] host 602 access to NIC, transmit and receive packets [0034] host 602 include one or more processors, NIC 650 [0024] tag matching makes use of tag in then message to store in the desired buffer [0101] processors, perform a determination of whether a received packet can be stored in a buffer selected by network interface, packet processing capability in the network interface using processor [0035] host system i.e. receiver node, destination buffer 620 receive result of computation performed by host system 602 or 670, temporary buffers 622, volatile or non-volatile memory regions, MPI receive into temp buffer [0024] data arrives from network, receiver stores data received to a receiver buffer).
Rimmer doesn’t specifically teach wherein the first tag is acquired from the second processor.
Freimuth, however, teaches sending the first data to the second processor ([0167] best match for the data, transferred from the offload network adapter to the host system [0050] send/receive data, operating system and the network adapter);
wherein the first tag is acquired from the second processor ([0056] maintaining state information i.e. tag, each established connection, host system, exchange message information, network adapter, state information [0007] offloading the processing, from the host processor to the network adaptor, intelligent network adapter, offload engine, offload host processor processing [0008] host system, establishing connections, maintaining state information for established connection, amount of communication between host and network adapter [0009] network adapters, offload, protocol processing from the host processor [0036] fig. 2 data processing system processor 202 204 network adapter 220 [0052] data, sent, network, host, data, copied, queuing the data to the network adapter for transmission )
It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rimmer with the teachings of Freimuth of data offloaded from network adapter to the host; host system maintaining state information and exchanging the state information from the host to the network adapter, offloading protocol processing from the processor to the network adapter to improve efficiency and allow the first tag is acquired from the second processor to the method of Freimuth as in the instant invention.
The combination of analogous cited prior art would have been obvious because using the known method of exchanging state information and/or processing from the host processor to the network adapter as taught by the Freimuth to the method of Rimmer to yield expected result and improved efficiency.
As per claim 2, Rimmer teaches wherein the memory further stores second information ([0105] fig. 14 memory 1410, store, any instructions), the second information fails in tag matching performed by the network adapter ([0025] tag matching, offloaded, NIC [0027] NIC performs tag matching - would succeed or fail), and the operations further comprise:
in response to the first tag failing to match any tag comprised in the first information (fig. 2 MPI_recev (tag, source, buffer) [0024] tag matching, tag in network message, bugger1, tag1 value, buffer2 , store, data, tag2 values, buffer associated with the sender [0025] perform tag matching i.e. both match and mismatch can be judged tag1 buffer1, tag2 buffer2 ), storing the first tag in a storage space for storing the second information in the memory ([0024] tag matching makes use of tag in then message to store in the desired buffer [0025] perform tag matching e.g. using software to identify the right buffer; fig. 2 tag2 buffer2).
Freimuth teaches remaining claim elements of comprises a tag that is acquired from the second processor ([0056] maintaining state information, each established connection, host system, exchange message information, network adapter, state information).
As per claim 3, Rimmer teaches wherein the second processor is connected to the network adapter through a bus (fig. 11 receiver 1110 fig. 13 network interface 1350 processors 1310 fig. 14 processors 1404 [0092] one or more buses), the network adapter is operable to receive, through the bus, the first tag sent by the second processor ([0077] fig. 11 receiver node 1110 [0100] network interface 1400 may be embedded as part of system-on-a-chip that includes one or more processors [0031] receiver network interface [0033] node, host system computing platform 602, NIC 650, transmit and receive packets).
Freimuth teaches remaining claim elements the receive first tag from the second processor ([0056] maintaining state information, each established connection, host system, exchange message information, network adapter, state information [0007] offloading the processing, from the host processor to the network adaptor, intelligent network adapter, offload engine, offload host processor processing [0008] host system, establishing connections, maintaining state information for established connection, amount of communication between host and network adapter [0009] network adapters, offload, protocol processing from the host processor [0036] fig. 2 data processing system processor 202 204 network adapter 220 [0052] data, sent, network, host, data, copied, queuing the data to the network adapter for transmission ).
As per claim 4, Rimmer teaches wherein the first send message is transmitted, through a network, by a source process executed by the sending node to a destination process executed by the receiving node (fig. 4A sender, MPI_send, receiver, MPI_recv ).
As per claim 5, Rimmer teaches wherein the receiving node and the sending node are operable to communicate with each other through a message passing interface (MPI) (fig. 4B sender-receiver [0027] MPI_Send, MPI_Recv).
As per claim 6, Rimmer teaches the wherein the operations further comprise ( fig. 14 network interface 1400 processor 1404 memory 1410 [0101] packet processing capabilities in the network interface using processors 1404 [0024] tag matching, use, tag, associate message with buffer on the receiver [0025] tag matching i.e. only possible outcome is success/fail):
acquiring the first data from the first information based on the first tag, wherein the first information comprises the first data ([0024] fig. 2 sender, message, sent, network, integer referred to as tag, source identifier, destination identifier, data in a message sent on the network to receiver, receiver, store data received from a sender to receiver [0036] receive operations of NIC 650 [0025] place data into bounce buffer, perform tag matching, copy data from the bounce buffer into the application requested buffer); or
acquiring the first data based on the information about the first data associated with the first tag ([0024] fig. 2 sender, message, sent, network, integer referred to as tag, source identifier, destination identifier, data in a message sent on the network to receiver, receiver, store data received from a sender to receiver [0036] receive operations of NIC 650 [0025] copy data from the bounce buffer into application requested buffer), wherein the information about the first data indicates information about an address at which the first data is stored ([0037] field data can indicate a memory address in which data to be transmitted is stored [0038]).
As per claim 7, Rimmer teaches wherein acquiring the first data based on the address associated with the first tag comprises:
acquiring the first data from a storage space that is in the memory and that is indicated by the address associated with the first tag ([0037] field data can indicate a memory address in which data to be transmitted is stored fig. 4B MPI_Send, additional transfers).
As per claim 8, Rimmer teaches wherein acquiring the first data based on the address associated with the first tag comprises: acquiring the first data from a storage space that is in the sending node and that is indicated by the address associated with the first tag ([0037] field data can indicate a memory address in which data to be transmitted is stored fig. 4B MPI_Send, additional transfers).
Claim 10 recites elements similar to claim 1 and 2 applied to a second tag and a second tag comprised in the second information. Therefore, it is rejected for the same rational.
Claim 11 recites a computing device for elements similar to claim 1. Therefore, it is rejected for the same rationale.
Claim 12 recites a computing device for elements similar to claim 2. Therefore, it is rejected for the same rationale.
Claim 13 recites a computing device for elements similar to claim 3. Therefore, it is rejected for the same rationale.
Claim 14 recites a computing device for elements similar to claim 4. Therefore, it is rejected for the same rationale.
Claim 15 recites data acquisition method for elements similar to a combination of claim 1 and 5. Therefore, it is rejected for the same rationale.
Claim 16 recites data acquisition method for elements similar to a combination of claim 2. Therefore, it is rejected for the same rationale.
Claim 17 recites data acquisition method for elements similar to a combination of claim 10. Therefore, it is rejected for the same rationale.
Claim 18 recites elements similar to part of claim 6. Therefore, it is rejected for the same rationale.
Claim 19 recites elements similar to part of claim 6. Therefore, it is rejected for the same rationale.
Claims 9, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rimmer in view of Freimuth, as applied to above claims, and further in view of Larsen (US 2008/0112403 A1, hereafter Larsen).
Larsen was cited in the last office action.
As per claim 9, Rimmer teaches the first processor is configured to execute the computer-readable program in the memory to enable the network adapter to perform operations further comprising: deleting the first tag in the first information (fig. 14 network adapter 1400 processors 1404).
Rimmer and Freimuth, in combination, do not specifically teach deleting the first tag in the first information.
Larsen, however, teaches deleting the first tag in the first information ([0065] tag, removed, packet ).
It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rimmer and Freimuth with the teachings of Larsen of removing tag from the packet to improve efficiency and allow deleting the tag from the first information to the method of Rimmer and Freimuth as in the instant invention.
The combination would have been obvious because deleting the tag from the packet taught by Larsen with the teachings of Rimmer and Freimuth to yield predictable result with improved efficiency.
Claim 20 recites elements similar to elements of claim 9. Therefore, it is rejected for the same rationale.
Examiners Note
Applicant is further reminded of that the cited paragraphs and in the references as applied to the claims above for the convenience of the applicant(s) and although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider all of the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Response to Arguments
Some of the previous objections to the specification have been withdrawn. However, objection to the title has been maintained.
The previous objections to the claims have been withdrawn.
The previous objections under 35 USC 112 (b) have been withdrawn. However, some new 112(b) objections have been made.
Applicant's arguments filed on 02/27/2026 have been fully considered but they are not persuasive. In Applicant’s response filed on 02/27/2026, Applicant argues the following:
Claims do not recited the mental process.
Claim include features that cannot be performed in the human mind. For example, “network adapter receives a first send message sent by sending node to the receiving node, where the first send message comprises first data or information about the first data and in response to a first tag matching a tag comprised in the first information, send the first data to the second processor, where the first tag is acquired from the second processor”.
Claims disclose communications between a sending node and receiving node and communications withing the receiving node e.g. between a network adapter and second processor), which are eligible subject matter under 35 U.S.C. 101.
Further Applicant respectfully submits that at least the amended claim element provide a practical application for providing content to a user. Claim 1 was, and is now even further, integrated into a practical application of performing a tag matching operation, and contributes to an improved technical solution of a practical problem as described in the specification. For example, the claimed solution, as a whole, “improves the functioning of a computer” and provides an improvement to the technical field of high performance computing, which provides improved utilization of the computing resources of the processor.
Rimmer does not teach or suggest that a network adapter sends data received from sending not to a second processor, as much less:
That the network adapter and the second processor are comprised in a same receiving node, and
That the data is sent in response to a first tag matching a tag comprised in first information stored in the network adapter.
Sugumar has not been shown to, and doesn’t, remedy at least this deficiency of Rimmer.
Examiner has thoroughly considered Applicant’s arguments, but respectfully, find them unpersuasive for at least the following reasons:
With respect to point a:) Examiner respectfully indicate that the claim elements “in response to a first tag matching a tag comprises in the first information” is directed to comparing information and can be performed by human mind with or without the help of pen and paper because these limitation only is directed to one or more of observation, evaluation, judgement and opinion.
With respect to point b: ) Examiner agree with the Applicant to the extent that claim elements identified above recite mental process abstract idea as explained above with respect to point a.) and explained under abstract idea rejections above.
With respect to point c: ) Applicant argument that communication between the nodes and/or within the node is eligible subject matter is not supported by any plausible argument except statement that these cannot be performed by human mind. Examiner agree and therefore these claim elements are not considered abstract idea and treated as additional claim elements.
With respect to point d:) Examiner respectfully indicate that the Claim doesn’t realize/reflect the argued improvement i.e. argument is not supported by the claim reflecting the argument. For example, none of the elements of claim 1 directly or indirectly cause improvement or tied to the improvement described in the improvement. Applicant is requested to amend the claim to reflect the achieved improvement described in the specification ([0007]).
With respect to point i/ii: ) argument is moot in view of new grounds of rejections.
Conclusion
Authorization for Internet Communication
Applicant is encouraged to submit an authorization to communicate with the Examiner via the internet by making the following statement (MPEP 502.03)
“Recognizing that internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please note that the above statement can only by submitted via Central Fax (not Examiner’s Fax), Regular postal mail, or EFS Web using PTO/SB/439.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raindel et al. (US 2016/0330301 A1) teaches efficient transport flow processing on an accelerator using the context information in the flow state table.
Anand et al. (US 2014/0369204 A1) teaches methods of load balancing using primary and standby addresses and related load balancers.
Pang et al. (US 2021/0234768 A1) teaches predicting forwarding destinations for packets.
Elliott (US 2009/0013175 A1) teaches method for controlling the flow of data across a network interface
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 ABU ZAR GHAFFARI whose telephone number is (571)270-3799. The examiner can normally be reached on Monday-Thursday 9:00 - 17:00 Hrs.
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/ABU ZAR GHAFFARI/Primary Examiner, Art Unit 2195
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