Prosecution Insights
Last updated: October 04, 2026
Application No. 18/570,691

METHOD OF ADJUSTING SCHEDULING CYCLE AND NETWORK DEVICE

Non-Final OA §103
Filed
Dec 15, 2023
Priority
Dec 29, 2021 — nonprovisional of PCTCN2021142635
Examiner
ADHAMI, MOHAMMAD SAJID
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
New H3C Technologies Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
506 granted / 696 resolved
+14.7% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
6y 4m
Avg Prosecution
31 currently pending
Career history
728
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 696 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Applicant’s election of Group I, claims 1-5,10-15, and 20, in the reply filed on 5/29/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). 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. Claim(s) 1-5,10-15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20220224653) in view of Ren (US 20240080272). Re claim 1: Chen discloses a method of adjusting a scheduling cycle, applied to a first network device, and comprising (Para.[0007] The first network device schedules, based on the phase difference, a data packet that needs to be sent via the first egress port): after receiving a packet from a second network device, determining a sending scheduling cycle of the packet on the second network device, and determining a reception scheduling cycle of the packet on the first network device (Fig. 3 ref. “In a cycle in which the buffer c1 of the first network device is scheduled, all data packets from a cycle in which the buffer a2 of the second network device is scheduled reach an egress queue of the first egress port”); determining a target scheduling cycle corresponding to the sending scheduling cycle on the first network device, wherein the packet corresponds to a cycle queue (CQ) corresponding to the target scheduling cycle (Fig. 1 ref. Second network device and ref. First network device and ref. Packet transfer direction and [0069] S103: The first network device receives the first message sent by the second network device via the second egress port of the second network device, where the first message is used to measure a phase difference, and the phase difference is a phase difference between a switching time of one of a plurality of first buffers of a first egress port of the first network device and a switching time of one of a plurality of second buffers of the second egress port of the second network device with a link delay taken into consideration, where the link delay is a link delay from the second network device to the first network device); and if it is determined that an initial time length of the scheduling cycle is to be adjusted based on a number of interval cycles between the reception scheduling cycle and the target scheduling cycle, adjusting an actual time length of the scheduling cycle on the first network device from the initial time length to a target time length (Para.[0083] S105: The first network device schedules, based on the phase difference, a second data packet that needs to be sent via the first egress port, where the second data packet is a data packet obtained by the first network device based on a first data packet, and the first data packet is a data packet received by the first network device from the second egress port of the second network device). As shown above, Chen discloses a sending cycle, a reception cycle, and determining a target cycle based on a phase difference. Chen does not explicitly disclose that an initial scheduling cycle is adjusted based on the cycles between reception and the target. Ren discloses an initial scheduling is adjusted based on a number of interval cycles (Para. [0008] The cycle modification information may be understood as information about a cycle modified (or adjusted) relative to the forwarding cycle determined based on the cycle mapping relationship, that is, information about a cycle by which the target cycle is modified (or adjusted) relative to the first cycle). Chen and Ren are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include adjusting an initial schedule as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 2: As discussed above, Chen in view of Ren meets all the limitations of the parent claim. Chen does not explicitly disclose the method of claim 1, wherein determining the target scheduling cycle corresponding to the sending scheduling cycle on the first network device comprises: acquiring a node identifier of the second network device and egress interface information corresponding to the packet; based on the node identifier and the egress interface information, querying a configured session information table to obtain an associated scheduling cycle corresponding to a specified scheduling cycle of the second network device, wherein the session information table comprises a mapping relationship among node identifier, egress interface information and associated scheduling cycle; and based on the sending scheduling cycle, the associated scheduling cycle and the specified scheduling cycle, determining the target scheduling cycle corresponding to the sending scheduling cycle on the first network device. Ren discloses the method of claim 1, wherein determining the target scheduling cycle corresponding to the sending scheduling cycle on the first network device comprises: acquiring a node identifier of the second network device and egress interface information corresponding to the packet (Para. [0189] For example, FIG. 8 is a schematic diagram of an SID structure applicable to an embodiment of this application. As shown in FIG. 8, the SID field includes at least three fields: “locator”, “function”, and “arguments”. For example, “locator” represents an identifier allocated to a network node in a network, and may be used for routing and packet forwarding; “function” represents an ID value allocated by a device to a local forwarding instruction, and different forwarding behaviors may be expressed by using different function IDs; and “arguments” represents a parameter required when a forwarding instruction is executed, and the parameter may include, for example, a flow, a service, or any other related variable information); based on the node identifier and the egress interface information, querying a configured session information table to obtain an associated scheduling cycle corresponding to a specified scheduling cycle of the second network device, wherein the session information table comprises a mapping relationship among node identifier, egress interface information and associated scheduling cycle (Para. [0181] After receiving the packet, each node may read an offset cycle quantity corresponding to each node. For example, the control plane broadcasts a form shown in Table 2 to all the nodes in advance. For example, each node may first store the form in Table 2. After the packet arrives at the node, the node queries the offset cycle quantity corresponding to the node, and may discard Table 2 after the packet is used, to save storage resources. For another example, each node may first query the offset cycle quantity corresponding to each node, and then store only the offset cycle quantity corresponding to each node, to save resources); and based on the sending scheduling cycle, the associated scheduling cycle and the specified scheduling cycle, determining the target scheduling cycle corresponding to the sending scheduling cycle on the first network device (Para. [0008] The cycle modification information may be understood as information about a cycle modified (or adjusted) relative to the forwarding cycle determined based on the cycle mapping relationship, that is, information about a cycle by which the target cycle is modified (or adjusted) relative to the first cycle). Chen and Ren are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include adjusting an initial schedule as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 3: As discussed above, Chen in view of Ren meets all the limitations of the parent claim. Chen does not explicitly disclose the method of claim 1, wherein determining that the initial time length of the scheduling cycle is to be adjusted based on the number of the interval cycles between the reception scheduling cycle and the target scheduling cycle comprises: if the reception scheduling cycle is before the target scheduling cycle and the number of the interval cycles is greater than a first number threshold, determining that the initial time length of the scheduling cycle is to be adjusted; if the reception scheduling cycle is after the target scheduling cycle and the number of the interval cycles is greater than a second number threshold, determining that the initial time length of the scheduling cycle is to be adjusted. Ren discloses the method of claim 1, wherein determining that the initial time length of the scheduling cycle is to be adjusted based on the number of the interval cycles between the reception scheduling cycle and the target scheduling cycle comprises: if the reception scheduling cycle is before the target scheduling cycle and the number of the interval cycles is greater than a first number threshold, determining that the initial time length of the scheduling cycle is to be adjusted; if the reception scheduling cycle is after the target scheduling cycle and the number of the interval cycles is greater than a second number threshold, determining that the initial time length of the scheduling cycle is to be adjusted (Para. [0021] With reference to the first aspect, in an embodiment of the first aspect, the target cycle corresponding to the first packet is determined according to the following formula: Y=X+Δ+O, where Y represents the target cycle corresponding to the first packet, X represents the second cycle, Δ represents a constant related to the cycle mapping relationship, and O represents an offset cycle difference corresponding to the first packet and Para.[0022] With reference to the first aspect, in an embodiment of the first aspect, the cycle modification information corresponding to the first packet is determined based on one or more pieces of the following information: a latency difference between a plurality of paths used to transmit the first packet, a preset range that needs to be satisfied by the latency difference between the plurality of paths used to transmit the first packet, an available resource on the plurality of paths, and a resource available for the first packet in the first cycle). As shown above, Ren discloses adjusting a cycle when needed. Ren does not explicitly disclose a threshold; however, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a threshold as a well-known factor for making determinations. Chen and Ren are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include adjusting an initial schedule as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 4: As discussed above, Chen in view of Ren meets all the limitations of the parent claim. Chen does not explicitly disclose the method of claim 1, wherein adjusting the actual time length of the scheduling cycle on the first network device from the initial time length to the target time length comprises: if the reception scheduling cycle is before the target scheduling cycle, performing decremental adjustment on the initial time length based on a configured time length adjustment amount to obtain an adjusted target time length; if the reception scheduling cycle is after the target scheduling cycle, performing incremental adjustment on the initial time length based on the time length adjustment amount to obtain an adjusted target time length. Ren discloses the method of claim 1, wherein adjusting the actual time length of the scheduling cycle on the first network device from the initial time length to the target time length comprises: if the reception scheduling cycle is before the target scheduling cycle, performing decremental adjustment on the initial time length based on a configured time length adjustment amount to obtain an adjusted target time length; if the reception scheduling cycle is after the target scheduling cycle, performing incremental adjustment on the initial time length based on the time length adjustment amount to obtain an adjusted target time length (Para. [0021] With reference to the first aspect, in an embodiment of the first aspect, the target cycle corresponding to the first packet is determined according to the following formula: Y=X+Δ+O, where Y represents the target cycle corresponding to the first packet, X represents the second cycle, Δ represents a constant related to the cycle mapping relationship, and O represents an offset cycle difference corresponding to the first packet and Para.[0022] With reference to the first aspect, in an embodiment of the first aspect, the cycle modification information corresponding to the first packet is determined based on one or more pieces of the following information: a latency difference between a plurality of paths used to transmit the first packet, a preset range that needs to be satisfied by the latency difference between the plurality of paths used to transmit the first packet, an available resource on the plurality of paths, and a resource available for the first packet in the first cycle). Chen and Ren are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include adjusting an initial schedule as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 5: As discussed above, Chen in view of Ren meets all the limitations of the parent claim. Chen does not explicitly disclose the method of claim 1, wherein adjusting the actual time length of the scheduling cycle on the first network device from the initial time length to the target time length comprises: based on a first clock count number corresponding to the initial time length, the configured time length adjustment amount and the number of the interval cycles, determining a total adjustment number K of scheduling cycles, and updating actual time lengths of K continuous scheduling cycles on the first network device to the target time length; after updating the actual time lengths of the K continuous scheduling cycles on the first network device to the target time length, the method further comprises: updating the actual time length of the scheduling cycle on the first network device from the target time length to the initial time length. Ren discloses the method of claim 1, wherein adjusting the actual time length of the scheduling cycle on the first network device from the initial time length to the target time length comprises: based on a first clock count number corresponding to the initial time length, the configured time length adjustment amount and the number of the interval cycles, determining a total adjustment number K of scheduling cycles, and updating actual time lengths of K continuous scheduling cycles on the first network device to the target time length (Para. [0021] With reference to the first aspect, in an embodiment of the first aspect, the target cycle corresponding to the first packet is determined according to the following formula: Y=X+Δ+O, where Y represents the target cycle corresponding to the first packet, X represents the second cycle, Δ represents a constant related to the cycle mapping relationship, and O represents an offset cycle difference corresponding to the first packet and Para.[0022] With reference to the first aspect, in an embodiment of the first aspect, the cycle modification information corresponding to the first packet is determined based on one or more pieces of the following information: a latency difference between a plurality of paths used to transmit the first packet, a preset range that needs to be satisfied by the latency difference between the plurality of paths used to transmit the first packet, an available resource on the plurality of paths, and a resource available for the first packet in the first cycle); after updating the actual time lengths of the K continuous scheduling cycles on the first network device to the target time length, the method further comprises: updating the actual time length of the scheduling cycle on the first network device from the target time length to the initial time length (Para. [0021] With reference to the first aspect, in an embodiment of the first aspect, the target cycle corresponding to the first packet is determined according to the following formula: Y=X+Δ+O, where Y represents the target cycle corresponding to the first packet, X represents the second cycle, Δ represents a constant related to the cycle mapping relationship, and O represents an offset cycle difference corresponding to the first packet – Examiner Note: the cycle would reset to the initial value when an adjustment is not needed). Chen and Ren are analogous because they both pertain to data communications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include adjusting an initial schedule as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 10: As discussed above, Chen in view of Ren meets all the limitations of the parent claims. Chen discloses the method of claim 1,(Fig. 3 In a cycle in which the buffer a1 of the first network device is scheduled, all the data packets from the cycle in which the buffer a2 of the second network device is scheduled are sent). Chen does not explicitly disclose the method of claim 1,wherein the packet is a test packet or a data packet belonging to a deterministic traffic. Ren discloses the method of claim 1,wherein the packet is a test packet or a data packet belonging to a deterministic traffic; if the packet is a data packet, the method further comprises (Para. [0103] A technology of ensuring an end-to-end (E2E) deterministic latency of a network is a deterministic network (Deterministic IP, DIP) technology. The deterministic latency means that a latency and a jitter of a packet in the network satisfies an upper limit when the packet meets a burst requirement). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen to include deterministic traffic as taught by Ren in order to reduce packet disorder and data overflow (Ren Para.[0009]). Re claim 11: Claim 11 is rejected on the same grounds of rejection set forth in claim 1. Chen further discloses a processor and a machine readable storage medium wherein the machine readable storage medium stores machine executable instructions executable by the processor (Fig. 6). Re claim 12: Claim 12 is rejected on the same grounds of rejection set forth in claim 2. Re claim 13: Claim 13 is rejected on the same grounds of rejection set forth in claim 3. Re claim 14: Claim 14 is rejected on the same grounds of rejection set forth in claim 4. Re claim 15: Claim 15 is rejected on the same grounds of rejection set forth in claim 5. Re claim 20: Claim 20 is rejected on the same grounds of rejection set forth in claim 10. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meng (US 20210184781) shows period mapping relationship between receiving and sending packets. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD SAJID ADHAMI whose telephone number is (571)272-8615. The examiner can normally be reached 8:30-5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached at (571) 272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOHAMMAD S ADHAMI/Primary Examiner, Art Unit 2471
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Prosecution Timeline

Dec 15, 2023
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+28.5%)
6y 4m (~3y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 696 resolved cases by this examiner. Grant probability derived from career allowance rate.

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