DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is responsive to communication filed on 04/02/2026. Claim(s) 1, 4-6, 8-9, 12-14 and 17-19 have been amended Claim(s) 2-3, 10-11 & 15-16 have been canceled. Claim(s) 1, 4-6, 8-9, 12-14 and 17-19 are currently pending examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Applicant filed amendment(s) to claim(s) on 04/02/2026 to remedy the rejection(s).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-6, 8-9, 12-14 and 17-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 4-5, 8, 9, 12-13, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2003/0098992 A1) and further in view of XU JIANXIN (CN 104052680 B).
Re Claim 1,8 & 9, Park teaches a method for transmitting data, performed by a data sending side, comprising:
determining Internet Protocol (IP) data to be transmitted; (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107]; Determining whether a low priority packet, higher priority packet requires transmission.)
obtaining first IP data and second IP data by classifying the IP data to be transmitted according to importance of the IP data, the importance of the first IP data being greater than the importance of the second IP data; (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; High priority packets (first IP data) and low priority packet (second IP data), in which a higher priority is greater than a lower related priority.)
placing the first IP data in a first number of IP datagrams and adding a first identification to headers of the first number of IP datagrams, the first identification being configured to indicate that IP data comprised in an IP datagram is the first IP data; (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; High priority packets, adding identification to headers related to IP datagrams, identifying indicates IP data comprises IP datagram related to IP data.)
placing the second IP data in a second number of IP datagrams and adding a second identification to headers of the second number of IP datagrams, the second identification being configured to indicate that IP data comprised in an IP datagram is the second IP data; and (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; The transmission of low priority packets, fragments is transmitted. Low priority packets are identifiable over high priority packets. The packets have headers and identification.)
sending the first number of IP datagrams and the second number of IP datagrams based on a sending sequence, (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; The transmission of data packets related to priority (sending sequence).)
wherein a sending sequence of the IP datagram with the header comprising the first identification is prior to a sending sequence of the IP datagram with the header comprising the second identification, (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; High priority packets pre-empt low priority packets. High priority packets transmission occur before low priority completion.
wherein a number of IP datagrams for transmitting the first IP data is N, and a number of IP datagrams for transmitting the second IP data is M, and (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; The transmission of multiple packets/segments (N, M).)
Park does not explicitly suggest wherein the method further comprises: in response to determining that not all of the N IP datagrams for transmitting the first IP data have been successfully sent, abandoning sending the M IP datagrams for transmitting the second IP data.
However, in analogous art, XU teaches wherein the method further comprises:
in response to determining that not all of the N IP datagrams for transmitting the first IP data have been successfully sent, abandoning sending the M IP datagrams for transmitting the second IP data. (XU; FIG. 1-6; Page(s) 8-14; The cited embodiment(s) detail dependency based prioritized transmission when lower priority data becomes useless if higher priority data transmission fails. In addition, the monitoring of transmission success/failure as it relates to priority data and the abandoning/discarding of lower priority data transmission when higher priority data transmission is unsuccessful/incomplete.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Park in view of XU to abandon sending datagrams for the reasons of creating a IP datagram processing method related to improving data transmission efficiency. (XU Abstract)
Re Claim 4, 12 & 17, Park-XU discloses the method for transmitting data according to claim 1, further comprising:
determining IP datagrams corresponding to next IP data to be transmitted and sending the IP datagrams corresponding to the next IP data based on a sending sequence indicated by identifications comprised in the headers of the IP datagrams corresponding to the next IP data. (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; The monitoring of packets pending transmission, determining whether high priority packets require transmission and interrupting lower priority packet transmission. The use of IP headers, packet priority and transmission sequencing.)
Re Claim 5, 13 & 18, Park-XU discloses the method for transmitting data according to claim 1, wherein the header comprises a character for indicating the first identification or the second identification. (Park; FIG. 1-12; Background, ¶ [0087]-[0095], [0103]-[0107], [0113]-[0122]; IP headers contain various information and priority related data (character, identification).)
Claim(s) 6, 14 & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2003/0098992 A1), in view of XU JIANXIN (CN 104052680 B) and further in view of Yim (US 2005/0078604 A1).
Re Claim 6, 14 & 19, Park-XU discloses the method for transmitting data according to claim 1, yet does not explicitly suggest wherein the header further comprises at least one of a number of the plurality of IP datagrams or a number of IP datagrams transmitting important data.
However, in analogous art, Yim teaches wherein the header further comprises at least one of a number of the plurality of IP datagrams or a number of IP datagrams transmitting important data. (Yim; FIG. 1-7; Background, Summary, ¶ [0027]-[0033]; The headers include identifying values related to IP datagrams.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Park-XU in view of Yim to identify the number of datagrams related to IP data for the reasons of identifying values related to IP headers. (Yim Abstract)
Conclusion
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 CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B ROBINSON/ Primary Examiner, Art Unit 2443
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