Prosecution Insights
Last updated: April 19, 2026
Application No. 18/681,853

IP DATA PACKET TRANSMISSION METHOD AND APPARATUS AND READABLE STORAGE MEDIUM

Final Rejection §101§103§112
Filed
Feb 06, 2024
Examiner
PATEL, HITESHKUMAR R
Art Unit
3667
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
313 granted / 493 resolved
+11.5% vs TC avg
Strong +46% interview lift
Without
With
+46.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
11 currently pending
Career history
504
Total Applications
across all art units

Statute-Specific Performance

§101
17.6%
-22.4% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
16.4%
-23.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 493 resolved cases

Office Action

§101 §103 §112
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 . 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 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. This Office Action is in responsive to amendment filed on 7/1/26. Claims 1, 5, 7-8, 10-11, 24-25, 29 and 31 are pending. Response to Amendment Claims 1, 5, 7, 24-25, 29 and 31 are amended. Claims 2-4, 6, 9, 12-23, 26-28, 30 and 32 are cancelled. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/22/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim 24 is rejected under 35 U.S.C. 101 because is directed to non-statutory subject matter. Claim 24, recites “A computer-readable storage medium….”. In light of the publish specification the closest definition of computer-readable storage medium in paragraph [0120] is For example, the non-transitory computer-readable storage medium may be ROM, random access memory (RAM), CD-ROM, magnetic tape, floppy disk, optical data storage device, and the like. This is not limited the medium and its open end definition of the medium. Examiner notes amending the claim to “A Non-transitory computer-readable storage medium…”, will not overcome the 101. Examiner ask applicant to delete the “may be” and “the like” from the specification in addition to A Non-transitory computer-readable storage medium. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 5 recites “…the specified criterion comprises at least one of following: source addresses are the same, and destination addresses are the same; the control information comprises at least one of following: a source address and a destination address”. The claim limitation requires selecting at least one of from the group which recites “and” rather then “or”. 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, 5, 7-8, 10-11, 24-25, 29 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alkhatib (US 2002/0184390 A1). As to claim 1, Alkhatib discloses an Internet Protocol (IP) data packet transmission method, performed by a node device in a network, wherein the node device comprises a mobile terminal (Alkhatib, Abstract, fig. 5, ¶33), and the method comprises: receiving an IP data packet, wherein the IP data packet comprises a preset field, and content of the preset field is indicative of a type of the IP data packet (When an application wishes to set up a connection to a remote application process, the application process issues a connect primitive requesting that the transport layer set up a connection between two sockets. If the connect succeeds, the process returns a TCP reference number used to identify the connection on subsequent calls. After the connection is established, the application process can issue a send command and pass the TCP reference number with the data (or pointer to data) for sending to the destination. FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type) (Alkhatib, Abstract, figs. 1-3, ¶45-49); determining, in response to determining that the content of the preset field is a first value, the type of the IP data packet as a first type, wherein the first type of IP data packet is configured for transmitting control information (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. control information of the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49); determining, in response to determining that the content of the preset field is a second value, the type of the IP data packet as a second type, wherein the second type of IP data packet is configured for transmitting service data information (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately i.e. (i.e. second value transmitting service data.).) (Alkhatib, Abstract, figs. 1-3, ¶45-49). However, Alkhatib doesn’t explicitly disclose parsing the control information out from a packet body of the IP data packet, wherein the control information comprises feature information of IP data packet meeting a specified criterion, and the feature information comprises at least one of a sending cycle or a type of service data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to discloses parsing the control information out from a packet body of the IP data packet, wherein the control information comprises feature information of IP data packet meeting a specified criterion, and the feature information comprises at least one of a sending cycle or a type of service data (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. feature information of IP data packet meeting a specified criterion which is to send packet urgently. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49) and controlling the IP data packet according to the control information and forwarding the IP data packet to a downstream node device (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. control information of the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49). This would be diminishing IP addresses problem for sending data to destination on a network. As to claim 5, Alkhatib disclose the IP data packet transmission method as claimed in claim 1, wherein, the specified criterion comprises at least one of following: source addresses are the same, and destination addresses are the same (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. control information of the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49); and the control information comprises at least one of following: a source address and a destination address (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. control information of the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49). As to claim 7, Alkhatib disclose the IP data packet transmission method as claimed in claim 1, wherein, the control information comprises a sending policy for a preset type of IP data packets (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. sending policy the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49). As to claim 8, Alkhatib disclose the IP data packet transmission method as claimed in claim 7, wherein, the sending policy comprises at least one of following: sending according to priorities of the IP data packets (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. priority of sending the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49), sending according to versions of the IP data packets, or sending according to service types of the IP data packets. As to claim 10, Alkhatib disclose the IP data packet transmission method as claimed in claim 1, wherein, the preset field is located in a packet header of the IP data packet (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; The first flag indicates the presence of urgent data (i.e. first value which determines the transmitting the data urgently i.e. sending policy the packet. The second flag indicates that the acknowledgment number 68 is valid. The third flag indicates that the data is PUSHed data (data that should be sent immediately).) (Alkhatib, Abstract, figs. 1-3, ¶45-49). As to claim 11, Alkhatib disclose the IP data packet transmission method as claimed in claim 10, wherein, the preset field is located between a destination address field and an optional field in the packet header (FIG. 3 shows a layout of the TCP header, where Header length field 70 is followed by six one bit flags 72 i.e. preset field having the data type; Header field having the preset field located between the destination address field 64 and options field 80 i.e. optional field.) (Alkhatib, Abstract, figs. 1-3, ¶45-49). Claim 24 list all the same elements of claim 1 but in a computer-readable storage medium storing instructions thereon, wherein the instructions, upon being invoked and executed by a computer (Alkhatib, Abstract, figs. 1-3, ¶45-49), causes the computer to implement an Internet Protocol (IP) data packet transmission method, the computer readable storage medium to carry out the steps of rather than method form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 24. Claims 25, 29, 31 list all the same elements of claims 1, 5, 8 but in a communication device, comprising a processor and a memory; wherein the memory is configured to store a computer program; and the processor, through executing the computer program, is configured to perform acts comprising, the device to carry out the steps of rather than method form. Therefore, the supporting rationale of the rejection to claims 1, 5, 8 applies equally as well to claims 25, 29, 31. Response to Arguments Response to 103 rejections applicant’s amendments to the claim change the scope. Therefore, amended claims necessitated new ground(s) of rejections presented in this office action in view of Alkhatib (US 2002/0184390 A1), have been introduced to address amended. Applicant’s arguments have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Amin et al. (US 2017/0201375 A1) discloses a network enabled computer system includes a processor and a dual stack communication module to couple to a network. The dual stack communication module includes information centric network layers and a secure network connection layer, each coupled to an IP connection layer to couple to a network. A storage device is coupled to the processor to cause the processor to execute operations to route IP packets. The operations include establishing a secure connection using the secure connection layer, performing authentication via the secure connection using the secure connection layer, exchanging an encryption key via the secure connection using the secure connection layer, and transferring encrypted chunks of data using information centric network IP-content packets via the information centric network layers. Stammers et al. (US 2018/0367321 A1) discloses an example method is provided in one example embodiment and may include generating a content token, wherein the content token is generated for a particular content type of a particular application service based on a trust relationship established between the particular application service and a mobile service provider; and embedding the content token in one or more packets of a plurality of packets sent to a user equipment (UE) for one or more Internet Protocol (IP) flows associated with the particular content type, wherein the content token is embedded in an unencrypted portion of each packet that is separate from an encrypted data payload portion of each packet.. 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 HITESH R PATEL whose telephone number is (571) 270-5442. The examiner can normally be reached Monday-Friday 7am-3pm. 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, James Trammell can be reached at 571-272-6712. 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. /Hitesh Patel/ Supervisory Patent Examiner, Art Unit 3667 3/6/26
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Mar 20, 2025
Non-Final Rejection — §101, §103, §112
Jul 01, 2025
Response Filed
Mar 06, 2026
Final Rejection — §101, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+46.3%)
3y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 493 resolved cases by this examiner. Grant probability derived from career allow rate.

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