Prosecution Insights
Last updated: April 19, 2026
Application No. 18/620,183

Control of Fail-To-Wire Bypass Functionality for High Availability

Non-Final OA §103
Filed
Mar 28, 2024
Examiner
IBRAHIM, MOHAMED
Art Unit
2444
Tech Center
2400 — Computer Networks
Assignee
Arista Networks, Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
547 granted / 642 resolved
+27.2% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
20 currently pending
Career history
662
Total Applications
across all art units

Statute-Specific Performance

§101
12.7%
-27.3% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 642 resolved cases

Office Action

§103
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 . DETAILED ACTION 1. This action is in response to the application filed on 28 March 2024. Claims 1-20 are presently pending for examination. Claim Rejections - 35 USC § 103 2. 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. 3. Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Drange, U. S. Patent Publication No. 2008/0310298 in view of JHU et al., U. S. Patent Publication No. 2018/0139113. Regarding claim 1, Drange discloses a network device operable with a peer device, the network device comprising: a network interface (see Drange, ¶ [0006] and [0020]; network interface connecting plurality of network nodes is disclosed); a fail-to-wire interface (see Drange, ¶ [0024] and [0032]; detection of malfunction link to nodes is provided); a fail-to-wire bypass path coupled between the network interface and the fail-to-wire interface, wherein the fail-to-wire interface is configured to convey traffic to and from the peer device when the fail-to-wire bypass path is enabled (see Drange, ¶ [0007] and [0028]; a bypass path is enabled to forward traffic data). Although Drange discloses the invention substantially as claimed, it does not explicitly disclose and control circuitry coupled to the fail-to-wire bypass path and configured to: obtain device operational state information; and control a state of the fail-to-wire bypass path based on the device operational state information. JHU teaches and control circuitry coupled to the fail-to-wire bypass path and configured to: obtain device operational state information; and control a state of the fail-to-wire bypass path based on the device operational state information (see JHU, ¶ [0019], [0028] and [0032]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of JHU with that of Drange in order to efficiently and actively monitor the operational states of the network nodes so as to quickly discover the fault network element. Regarding claim 2, Drange-JHU teaches further comprising: a relay coupled along the fail-to-wire bypass path, wherein the relay is in an enabled state to enable the fail-to-wire bypass path and wherein the control circuitry is configured to control the state of the fail-to-wire bypass path by controlling a state of the relay based on the device operational state information (see Drange, ¶ [0023] and JHU, ¶ [0018]-[0019]). Same motivation utilized for claim 1 applies equally as well to claim 2. Regarding claim 3, Drange-JHU teaches wherein the control circuitry is configured to: determine whether a criterion to enable the fail-to-wire bypass path is met based on the device operational state information; and place the relay in the enabled state in response to the criterion being met (see Drange, ¶ [0040]). Regarding claim 4, Drange-JHU teaches wherein the device operational state information is indicative of a state of a software forwarding process executing on the control circuitry and wherein the criterion is met based on the state of the software forwarding process (see Drange, ¶ [0024] and JHU, ¶ [0028]). Same motivation utilized for claim 1 applies equally as well to claim 4. Regarding claim 5, Drange-JHU teaches wherein the device operational state information is indicative of a state of a control plane process executing on the control circuitry and wherein the criterion is met based on the state of the control plane process (see Drange, ¶ [0040] and JHU, ¶ [0028]). Same motivation utilized for claim 1 applies equally as well to claim 5. Regarding claim 6, Drange-JHU teaches wherein the device operational state information is indicative of a state of processor utilization or a state of memory utilization and wherein the criterion is met based on the state of processor utilization or the state of memory utilization (see Drange, ¶ [0038], [0040] and JHU, ¶ [0028]). Same motivation utilized for claim 1 applies equally as well to claim 6. Regarding claim 7, Drange-JHU teaches wherein the device operational state information is indicative of a fault in a hardware component of the network device and wherein the criterion is met based on the fault in the hardware component (see Drange, ¶ [0024] and JHU, ¶ [0028]). Same motivation utilized for claim 1 applies equally as well to claim 7. Regarding claim 8, Drange-JHU teaches wherein the control circuitry is configured to: determine whether an additional criterion to disable the fail-to-wire bypass path is met based on the device operational state information; and place the relay in a disabled state in response to the additional criterion being met (see Drange, ¶ [0040] and JHU, ¶ [0028]). Same motivation utilized for claim 1 applies equally as well to claim 8. Regarding claim 9, Drange-JHU teaches further comprising: physical layer circuitry, wherein the relay is coupled between the network interface and the physical layer circuitry and between the network interface and the fail-to-wire interface, wherein the relay, when in the disabled state, connects the network interface to the physical layer circuitry, and wherein the relay, when in the enabled state, connects the network interface to the fail-to-wire interface (see Drange, ¶ [0019] and JHU, ¶ [0023]). Same motivation utilized for claim 1 applies equally as well to claim 9. Regarding claim 10, Drange-JHU teaches further comprising: a relay controller, wherein the control circuitry is configured to control the state of the relay by causing the relay controller to provide a control signal to the relay based on the device operational state information (see Drange, ¶ [0020]). Regarding claim 11, Drange-JHU teaches wherein the relay controller comprises a software driver executing on the control circuitry or a controller separate from the control circuitry (see Drange, ¶ [0036] and [0042]). Regarding claim 12, Drange-JHU teaches further comprising: an additional network interface; an additional fail-to-wire interface; an additional fail-to-wire bypass path coupled between the additional network interface and the additional fail-to-wire interface, wherein the additional fail-to-wire interface is configured to convey traffic to and from the peer device when the additional fail-to-wire bypass path is enabled and wherein the control circuitry is configured to enable the fail-to-wire bypass path based on the device operational information while disabling the additional fail-to-wire bypass path (see Drange, ¶ [0007], [0028] and JHU, ¶ [0023]). Same motivation utilized in claim 1 applies equally as well to claim 12. Regarding claim 13, Drange-JHU teaches further comprising: a local area network interface, wherein the network interface is a wide area network interface coupled to the local area network interface by a data plane processing path that includes a software forwarding process executing on the control circuitry (see Drange, ¶ [0028] and JHU, ¶ [0019]). Same motivation utilized in claim 1 applies equally as well to claim 13. Regarding claim 14, Drange-JHU teaches wherein the wide area network interface is decoupled from the data plane processing path when the control circuitry enables the fail-to-wire bypass path based on the device operational information (see Drange, ¶ [0031]-[0032]). Regarding claim 15, Drange-JHU teaches further comprising: data plane processing circuitry configured to process local traffic received at the local area network interface when the fail-to-wire bypass path is enabled (see Drange, ¶ [0038] and [0040]). Regarding claim 16, Drange discloses a network device operable with a peer device, the network device comprising: a first fail-to-wire interface (see Drange, ¶ [0024] and [0032]; detection of malfunction link to nodes is provided); a first relay coupled to the first fail-to-wire interface, wherein the first fail-to-wire interface is configured to convey traffic to and from the peer device when the first relay is enabled (see Drange, ¶ [0007] and [0028]; a bypass path is enabled to forward traffic data); and control circuitry coupled to the first and second relays and configured to enable the first relay while disabling the second relay (see Drange, ¶ [0028] and [0038]; controller for managing the bypass switches is disclosed). Although Drange discloses the invention substantially as claimed, it does not explicitly disclose a second fail-to-wire interface, a second relay coupled to the second fail-to-wire interface, wherein the second fail-to-wire interface is configured to convey traffic to and from the peer device when the second relay is enabled (see JHU, ¶[0022]-[0023]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of JHU with that of Drange in order to efficiently provide secondary alternate path in the event that the first bypass path experiences failure. Regarding claim 17, Drange-JHU teaches wherein the control circuitry is configured to obtain device operating information and wherein the control circuitry is configured to enable the first relay while disabling the second relay based on the device operating information (see Drange, ¶ [0028] and JHU, ¶ [0028]). Same motivation utilized in claim 15 applies equally as well to claim 17. Regarding claim 18, Drange-JHU teaches wherein the control circuitry is configured to obtain an operating metric associated with the device operating information and wherein the control circuitry is configured to enable the first relay while disabling the second relay in response to a first criterion based on the operating metric being met and a second criterion based on the operating metric being not met (see Drange, ¶ [0028], [0040] and JHU, ¶ [0028]). Same motivation utilized for claim 15 applies equally as well to claim 18. Regarding claim 19, Drange-JHU teaches wherein the control circuitry is configured to enable the first relay and the second relay in response to the first and second criteria being met (see Drange, ¶ [0028] and [0038]). Regarding claim 20, Drange discloses a network device operable with a peer device, the network device comprising: a local area network interface (see Drange, fig. 4 and ¶ [0038]; local network communication interface is provided); a fail-to-wire interface (see Drange, ¶ [0024] and [0032]; detection of malfunction link to nodes is provided); a relay coupled between the wide area network interface and the fail-to-wire interface, wherein the fail-to-wire interface is configured to convey traffic to and from the peer device when the relay is enabled (see Drange, ¶ [0007] and [0028]; a bypass path is enabled to forward traffic data); and control circuitry coupled to the relay and configured to enable the relay (see Drange, ¶ [0028] and [0038]; controller for managing the bypass switches is disclosed); data plane processing circuitry configured to forward network traffic received at the local area network interface while the relay is enabled (see Drange, ¶ [0020]-[0021]; traffic is communicated between the network nodes). Although Drange discloses the invention substantially as claimed, it does not explicitly disclose a wide area network interface. JHU teaches a wide area network interface (see JHU, ¶ [0038]-[0039]). It would have been obvious to one of ordinary skill in the art to incorporate the teachings of JHU with that of Drange in order to efficiently address link faulty issue in a larger network communication setting. Prior Art of Record 4. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art. a. US 20200076726 A1 is directed to systems for data path retention during control plane failures in a Multiprotocol Label Switching (MPLS) network include, in a network element, operating an MPLS service on a data path in the MPLS network in an initial stage with both a control plane and a data plane operating normally; responsive to a failure affecting only the control plane, switching the MPLS service to an Ethernet Line (ELINE) service which is configured on the data path; and, responsive to a recovery of the control plane, switching the ELINE service back to the MPLS service. b. US 11792099 B2 is directed to troubleshooting method to detect a unidirectional fault in a ring Ethernet and provide a fault recovery mechanism after the unidirectional fault occurs. In embodiments of this application, if determining that a link corresponding to a receiving unit of a first port is in a fault status, the first device performs loopback on the first port, and sends a first continuity check message to a second device via the first port. The first continuity check message carries first indication information. The first indication information indicates that a link corresponding to a receiving unit of a port that sends the first indication information is in a fault status. c. US 20190097947 A1 is directed to an inline-bypass switch system includes: a first inline-bypass switch appliance having a first bypass component, a first switch coupled to the first bypass component, and a first controller; and a second inline-bypass switch appliance having a second bypass component, a second switch coupled to the second bypass component, and a second controller; wherein the first controller in the first inline-bypass switch appliance is configured to provide a state signal that is associated with a state of the first inline-bypass switch appliance; and wherein the second controller in the second inline-bypass switch appliance is configured to control the second bypass component based at least in part on the state signal. Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED IBRAHIM whose telephone number is (571)270-1132. The examiner can normally be reached on Monday through Friday from 9:30AM to 6:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached on 571-272-3964. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Mohamed Ibrahim/ Primary Examiner, Art Unit 2444
Read full office action

Prosecution Timeline

Mar 28, 2024
Application Filed
Mar 18, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
93%
With Interview (+8.0%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 642 resolved cases by this examiner. Grant probability derived from career allow rate.

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