Prosecution Insights
Last updated: May 29, 2026
Application No. 18/566,634

COMMUNICATION DEVICE, COMMUNICATION METHOD, AND PROGRAM

Non-Final OA §103
Filed
Dec 02, 2023
Priority
Jun 04, 2021 — nonprovisional of PCTJP2021021431
Examiner
ZAIDI, IQBAL
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1094 granted / 1211 resolved
+32.3% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
23 currently pending
Career history
1245
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
60.0%
+20.0% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1211 resolved cases

Office Action

§103
DETAILED ACTION The instant application having application No 18/566,634 filed on 12/02/2023 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 1-2, 5-7, and 9-11 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lin et al. (U.S 20220272027, Aug. 25, 2022) in view of Wang (US 20220174006, Jun. 2, 2022). Regarding Claim 1, Lin discloses the selection list includes an identifier of a communication device of a plurality of communication devices and a Weight reference value of the communication device of the plurality of communication devices(page 4, par(0025), line 1-10, See Fig 1 shows PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list)), the plurality of communication devices configure Multihoming based at least on the identifier of the communication device of the plurality of communication devices and the Weight reference value of the communication device of the plurality of communication devices according to a communication state of the communication device of the plurality of communication devices based on a notification received by the communication device from another device(page 4, par(0025), line 1-10, See Fig 1 shows, In the event of a failure to the DF(when notification received from the communication device), the PE device designated as a backup DF becomes the DF following a global repair process in which the current DF is withdrawn and a new DF election is performed, PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list from the plurality of devices 10B-10D)), and the Multihoming includes the plurality of communication devices connected to one customer network device and further connected to a communication network (page 4, par (0025), line 1-10, EVPN configuration, the multi-homed PE devices (PE devices 10B-10D), participate in a designated forwarder ("DF") election for each Ethernet segment identifier ("ESI"), such as the ESI for Ethernet segment); and selecting, from the created selection list, a designated forwarder and a backup designated forwarder, wherein the designated forwarder forwards traffic to the customer network device, and the backup designated forwarder is to become a new designated forwarder when a failure occurs in the designated forwarder, based on a predetermined condition of the Weight reference value(page 4, par(0025), line 1-10, See Fig 1 shows, In the event of a failure to the DF(when notification received from the communication device), the PE device designated as a backup DF becomes the DF following a global repair process in which the current DF is withdrawn and a new DF election is performed, PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list from the plurality of devices 10B-10D)). Lin discloses all aspects of the claimed invention, except a communication device that configures Multihoming, the communication device comprising a processor configured to execute operations comprising creating a selection list. Wang is the same field of invention teaches a communication device that configures Multihoming, the communication device comprising a processor configured to execute operations comprising creating a selection list (page 1, par(0004), line 1-10, a customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network, the multi-homing of the CE device to the EVPN includes multi-homing to the EVPN using Ethernet links, that is, one CE device is connected to a plurality of network side devices using a plurality of links, respectively(plurality of network devices crating the selection list to facilitate the identifier and the load balancing in the EVPN)). Lin and Wang are 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 communication device comprising a processor configured to execute operations comprising creating a selection list the teaching of Lin to include the customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network teaching of Wang because it is providing a transmission capability of a larger bandwidth when an active Ethernet link is faulty, the active Ethernet link switched to a standby Ethernet link to forward a data stream. Regarding Claim 2, Lin discloses said another device includes a communication device, the communication device connects to another customer network device, said another customer network device is distinct from any one customer network device of the plurality of customer network devices, and at least one of said another customer network device does not configure the Multihoming for any one customer network deice of the plurality of customer network devices, or said another customer network device is a control device that manages the communication network(page 4, par(0024), line 1-10, In an EVPN configuration, a CE device is multi-homed when it is coupled to two or more physically different PE devices on the same EVI when the PE devices are resident on the same physical Ethernet segment, CE device SB is coupled to PE devices via links, respectively, where PE devices are capable of providing customer network with redundant connectivity to EVPN via CE device SB. Multihomed devices are often employed by network operators so as to improve access to the EVPN provided by intermediate network should a failure in one of egress PE devices or one of links occur. When a CE device is multi-homed to two or more PE devices, all of the multi-homed PE devices are used to reach the customer network depending on the multi-homing mode of operation). Regarding Claim 5, Lin discloses notifying a notification unit configured to notify each of the plurality of communication devices configuring the Multihoming of identifiers of the plurality of communication devices configuring the Multihoming and a Weight reference value according to a communication state of each of the plurality of communication devices configuring the Multihoming(page 4, par(0025), line 1-10, See Fig 1 shows, In the event of a failure to the DF(when notification received from the communication device), the PE device designated as a backup DF becomes the DF following a global repair process in which the current DF is withdrawn and a new DF election is performed, PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list from the plurality of devices 10B-10D)). Lin discloses all aspects of the claimed invention, except communication device that is connected to a plurality of communication devices configuring Multihoming for one customer network device via a communication network and does not configure the Multihoming, the communication device comprising a processor configured to execute operations comprising connecting to a plurality of communication devices configuring Multihoming for one customer network device via a communication network and does not configure the Multihoming. Wang is the same field of invention teaches communication device that is connected to a plurality of communication devices configuring Multihoming for one customer network device via a communication network and does not configure the Multihoming (page 1, par(0009), line 1-10, traffic from a common EVPN peer EVPN peer is not replicated to an inter-network PW, traffic from a multihomed PE is replicated to an inter-network OF PW, where the common EVPN peer forms an EVPN peer together with the plurality of PE devices, but the common EVPN peer is not a multi-homed PE(wherein dos not configure the multihoming)), the communication device comprising a processor configured to execute operations comprising connecting to a plurality of communication devices configuring Multihoming for one customer network device via a communication network and does not configure the Multihoming(page 2, par(0011), line 1-10, When the mode of the inter-network PW is belonging to a PW redundancy group that does not support dual receiving and to-be-forwarded traffic is BUM traffic, the first network device forwards the BUM traffic from an AC interface can be replicated to an inter-network DF PW, traffic from a common EVPN peer is not replicated to an inter-network PW, traffic from a multi-homed PE is replicated to an inter-network DF PW, traffic received by an inter-network PW is replicated to an AC interface and a multi-homed PE, and carries an ESI label when replicated to the multi-homed PE, where the common EVPN peer forms an EVPN peer together with at least one of the plurality of PE devices, but the common EVPN peer is not a multi-homed PE). Lin and Wang are 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 communication device comprising a processor configured to execute operations comprising creating a selection list the teaching of Lin to include the customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network teaching of Wang because it is providing a transmission capability of a larger bandwidth when an active Ethernet link is faulty, the active Ethernet link switched to a standby Ethernet link to forward a data stream. Regarding Claim 6, Lin discloses processor further configured to execute operations comprising measuring a second measurement unit that measures a communication state with each of a plurality of communication devices configuring the Multihoming, wherein the notifying further comprises determining notification unit determines the Weight reference value based on a result of the measuring the communication state. measurement by the second measurement unit (page 4, par (0025), line 1-10, See Fig 1 shows PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list)). Regarding Claim 7, Lin discloses the selection list includes including an identifier of a communication device of a plurality of communication devices and a Weight reference value of the communication device of the each of a plurality of communication devices(page 4, par(0025), line 1-10, See Fig 1 shows PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list)), the plurality of communication devices configuring the Multihoming based at least on the identifier of the communication device of the plurality of communication devices configuring the Multihoming and the Weight reference value of the communication device of the plurality of communication devices according to a communication state of the communication device of the plurality of communication devices based on a notification received by the communication device from configuring the Multihoming notified of by another device(page 4, par(0025), line 1-10, See Fig 1 shows, In the event of a failure to the DF(when notification received from the communication device), the PE device designated as a backup DF becomes the DF following a global repair process in which the current DF is withdrawn and a new DF election is performed, PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list from the plurality of devices 10B-10D)), and the Multihoming includes the plurality of communication devices connected to one customer network device and further connected to a communication network(page 4, par (0025), line 1-10, EVPN configuration, the multi-homed PE devices (PE devices 10B-10D), participate in a designated forwarder ("DF") election for each Ethernet segment identifier ("ESI"), such as the ESI for Ethernet segment); and selecting, from the created selection list, a designated forwarder and a backup designated forwarder, wherein the designated forwarder (DF) that forwards traffic to the customer network device, and the backup designated forwarder DF (BDF) that will is to become a new designated forwarder when a failure occurs in the designated forwarder, DF, based on a predetermined condition of based on the Weight reference value(page 4, par(0025), line 1-10, See Fig 1 shows, In the event of a failure to the DF(when notification received from the communication device), the PE device designated as a backup DF becomes the DF following a global repair process in which the current DF is withdrawn and a new DF election is performed, PE device 10B is elected the DF for Ethernet segment 14, PE device l0D is elected a backup DF(BDF)(wherein the selection list includes the identifier for DF device is 10B and the weight reference value is one for DF PE device and for BDF is 10D with the weight reference value one in the selection list from the plurality of devices 10B-10D)). Lin discloses all aspects of the claimed invention, except a communication method, by a communication device that configures Multihoming in which a plurality of communication devices is connected to one customer network device and is connected to a communication network, the communication method comprising creating a selection list. Wang is the same field of invention teaches a communication method, by a communication device that configures Multihoming in which a plurality of communication devices is connected to one customer network device and is connected to a communication network, the communication method comprising creating a selection list (page 1, par(0004), line 1-10, a customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network, the multi-homing of the CE device to the EVPN includes multi-homing to the EVPN using Ethernet links, that is, one CE device is connected to a plurality of network side devices using a plurality of links, respectively(plurality of network devices crating the selection list to facilitate the identifier and the load balancing in the EVPN)). Lin and Wang are 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 communication device comprising a processor configured to execute operations comprising creating a selection list the teaching of Lin to include the customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network teaching of Wang because it is providing a transmission capability of a larger bandwidth when an active Ethernet link is faulty, the active Ethernet link switched to a standby Ethernet link to forward a data stream. Regarding Claim 9, Lin discloses all aspects of the claimed invention, except the plurality of communication devices includes a provider edge, and the Weight reference value indicates the network state of the provider edge. Wang is the same field of invention teaches the plurality of communication devices includes a provider edge, and the Weight reference value indicates the network state of the provider edge (page 1, par (0004), line 1-10, a customer edge (CE) device supported in multihoming to the EVPN, to facilitate MAC address management and load balancing in the EVPN network, the multi-homing of the CE device to the EVPN includes multi-homing to the EVPN using Ethernet links). Regarding Claim 10, Lin discloses communication state includes at least one of: a delay, a band, a number of hops in the communications network, or a metric value of a routing protocol (page 5, par (0036), line 1-5, PE device receives the BUM fast reroute label from PE device and installs in its forwarding component a backup path (e.g., backup next hop) that leads to PE device). Regarding Claim 11, Lin discloses another device includes a communication device, the communication device connects to another customer network device, said another customer network device is distinct from any one customer network device of the plurality of customer network devices, and at least one of: said another customer network device does not configure the Multihoming for any one customer network device of the plurality of customer network devices, or said another customer network device is a control device that manages the communication network(page 4, par(0024), line 1-10, In an EVPN configuration, a CE device is multi-homed when it is coupled to two or more physically different PE devices on the same EVI when the PE devices are resident on the same physical Ethernet segment, CE device SB is coupled to PE devices via links, respectively, where PE devices are capable of providing customer network with redundant connectivity to EVPN via CE device SB. Multihomed devices are often employed by network operators so as to improve access to the EVPN provided by intermediate network should a failure in one of egress PE devices or one of links occur. When a CE device is multi-homed to two or more PE devices, all of the multi-homed PE devices are used to reach the customer network depending on the multi-homing mode of operation). Claim Objections Claim 2 is objected to because of the following informalities: “customer network deice” on Claim 2 should be written in its corrected form. Examiner Notice Claim 1 would be allowable if (i) claim 3 or 12 is incorporated into the independent claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: Ranns et al. (US 20210119936, Apr. 22, 2021) teaches Fast Fail-Over Using Tunnels. 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

Dec 02, 2023
Application Filed
Apr 13, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+6.9%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1211 resolved cases by this examiner. Grant probability derived from career allowance rate.

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