Prosecution Insights
Last updated: July 17, 2026
Application No. 18/743,284

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Jun 14, 2024
Priority
Dec 15, 2021 — continuation of PCTCN2021138412
Examiner
SMITH, JOSHUA Y
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
336 granted / 486 resolved
+11.1% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
29 currently pending
Career history
541
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.8%
+48.8% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 486 resolved cases

Office Action

§102 §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 . The preliminary amendment filed 6/25/2024 has been entered. Claims 1-17 are pending. Claims 1-17 stand rejected. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 4 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okuda (Pub. No.: US 20140029527 A1), hereafter referred to as Okuda. In regard to Claim 1, Okuda teaches A communication method, comprising: obtaining, by a data sending device (wireless terminal apparatus 34 may set two connections using a mobile IP technology, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), first data having to-be-sent data of a first application (application 77 performs various processes to generate a transmission packet, and supplies the packets, Para. 79, FIGS. 2, 5, 13) installed on the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), wherein a destination address of the first data is an address (LA is an abbreviation for Link Aggregation, Para. 49, FIG. 5. FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol). The V-IP and the GRE constitute the LA header. The destination IP address of the V-IP, Para. 52, FIG. 5) of a data receiving device (a femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches determining, by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13) and based on the address (LA is an abbreviation for Link Aggregation, Para. 49, FIG. 5. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol). The destination IP address of the V-IP, Para. 52, FIG. 5) of the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5), a first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) corresponding to the address of the data receiving device (using a destination IP address included in the header of the received packet to obtain the flow ID, Para. 53, FIGS. 5, 6, 7A), wherein the first network adapter address is an address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) or addresses of one or more network adapters (the WiFi-IF 41 and the LTE-IF 42 supply the packets received from the wireless terminal apparatus to a receiving unit 51 within an aggregation functional unit 44, Para. 42, FIGS. 3, 5) of the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches encapsulating (FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol), a 12-byte GRE (Generic Routing Encapsulation), Para. 52, FIG. 5), by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), the first data (application 77 performs various processes to generate a transmission packet, Para. 79, FIGS. 2, 5, 13) based on the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) thereby obtaining encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5). Okuda teaches sending, by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), the encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5) to the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5, 13) through a plurality of links (The tag in the device has a two-bit configuration. "11" indicates a packet of a target flow targeted for a link aggregation to be transmitted to both the LTE channel and the wireless LAN channel, Para. 51, FIG. 5. The WiFi-IF 61 and LTE-IF 62 transmit the packets received from the transmitting unit 72 within an aggregation functional unit 64 to the femtocell base station via each of the WLAN channel and the LTE channel, Para. 75, FIGS. 5, 13. The transmitting unit 72 refers to the tag in the device delivered from the header addition unit 75 and determines whether the associated packets use both of the LTE channel and the wireless LAN channel, Para. 81, FIGS. 5, 13), wherein a destination address of each of the plurality of links is one address in the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A. FIG. 5 shows a flow ID in a LA header utilized in both a WiFi channel and an LTE channel), a source address of each of the plurality of links is one address in a second network adapter address (source IP address, Para. 52, FIG. 5. FIG. 5 shows a Source IP Address in a LA header utilized in both a WiFi channel and an LTE channel), and the second network adapter address is an address (source IP address, Para. 52, FIG. 5) or addresses of one or more network adapters (In FIG. 13, a WiFi-IF 61 in a wireless terminal apparatus 60 is a WLAN interface. An LTE-IF 62, Para. 75, FIGS. 5, 13) of the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13). In regard to Claim 4, Okuda teaches establishing, by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), the plurality of links (In FIG. 13, a WiFi-IF 61 in a wireless terminal apparatus 60 is a WLAN interface, and is wirelessly coupled with a WLAN interface of a femtocell base station. An LTE-IF 62 is wirelessly coupled with an LTE interface of the femtocell base station. The WiFi-IF 61 and LTE-IF 62 notify a wireless condition acquisition unit 63 of the wireless channel conditions of the wireless LAN channel and the LTE channel, respectively, Para. 75, FIG. 13) based on the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) and the second network adapter address (source IP address, Para. 52, FIG. 5. FIG. 5 shows a Source IP Address in a LA header utilized in both a WiFi channel and an LTE channel). In regard to Claim 17, Okuda teaches A communication apparatus, comprising: a processor (CPU 65, Para. 77, FIG. 13); and a memory configured to store computer readable instructions that, when executed by the processor (CPU 65 executes programs stored in the memory 66 to perform a process, Para. 77, FIG. 13), cause the communication apparatus to: obtain, by a data sending device (wireless terminal apparatus 34 may set two connections using a mobile IP technology, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), first data having to-be-sent data of a first application (application 77 performs various processes to generate a transmission packet, and supplies the packets, Para. 79, FIGS. 2, 5, 13) installed on the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), wherein a destination address of the first data is an address (LA is an abbreviation for Link Aggregation, Para. 49, FIG. 5. FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol). The V-IP and the GRE constitute the LA header. The destination IP address of the V-IP, Para. 52, FIG. 5) of a data receiving device (a femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches determine, by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13) and based on the address (LA is an abbreviation for Link Aggregation, Para. 49, FIG. 5. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol). The destination IP address of the V-IP, Para. 52, FIG. 5) of the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5), a first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) corresponding to the address of the data receiving device (using a destination IP address included in the header of the received packet to obtain the flow ID, Para. 53, FIGS. 5, 6, 7A), wherein the first network adapter address is an address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) or addresses of one or more network adapters (the WiFi-IF 41 and the LTE-IF 42 supply the packets received from the wireless terminal apparatus to a receiving unit 51 within an aggregation functional unit 44, Para. 42, FIGS. 3, 5) of the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches encapsulate (FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol), a 12-byte GRE (Generic Routing Encapsulation), Para. 52, FIG. 5), by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), the first data (application 77 performs various processes to generate a transmission packet, Para. 79, FIGS. 2, 5, 13) based on the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) thereby obtaining encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5). Okuda teaches send, by the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13), the encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5) to the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5, 13) through a plurality of links (The tag in the device has a two-bit configuration. "11" indicates a packet of a target flow targeted for a link aggregation to be transmitted to both the LTE channel and the wireless LAN channel, Para. 51, FIG. 5. The WiFi-IF 61 and LTE-IF 62 transmit the packets received from the transmitting unit 72 within an aggregation functional unit 64 to the femtocell base station via each of the WLAN channel and the LTE channel, Para. 75, FIGS. 5, 13. The transmitting unit 72 refers to the tag in the device delivered from the header addition unit 75 and determines whether the associated packets use both of the LTE channel and the wireless LAN channel, Para. 81, FIGS. 5, 13), wherein a destination address of each of the plurality of links is one address in the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A. FIG. 5 shows a flow ID in a LA header utilized in both a WiFi channel and an LTE channel), a source address of each of the plurality of links is one address in a second network adapter address (source IP address, Para. 52, FIG. 5. FIG. 5 shows a Source IP Address in a LA header utilized in both a WiFi channel and an LTE channel), and the second network adapter address is an address (source IP address, Para. 52, FIG. 5) or addresses of one or more network adapters (In FIG. 13, a WiFi-IF 61 in a wireless terminal apparatus 60 is a WLAN interface. An LTE-IF 62, Para. 75, FIGS. 5, 13) of the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Gulbani et al. (Pub. No.: US 20180132134 A1), hereafter referred to as Gulbani. In regard to Claim 2, as presented in the rejection of Claim 1, Okuda teaches the data sending device. Okuda fails to teach sending, by the data sending device, a probe packet to the data receiving device, wherein the probe packet is used to probe whether the data receiving device supports network adapter address-based data decapsulation; and receiving, by the data sending device, a response message from the data receiving device, wherein the response message indicates the data receiving device supports network adapter address-based data decapsulation. Gulbani teaches sending, by the data sending device, a probe packet to the data receiving device, wherein the probe packet is used to probe whether the data receiving device supports network adapter address-based data decapsulation; and receiving, by the data sending device, a response message from the data receiving device, wherein the response message indicates the data receiving device supports network adapter address-based data decapsulation (it may be indicated in a control message, that the apparatus is adapted to decapsulate the plural packet data units from the datagram. The control message may be: a create bearer response, a modify bearer response, a create context response, an update context response, a radio access bearer setup response, and a radio access bearer assignment response, Para. 60. An upgraded GTP entity informs a GTP peer that it provides the capability of decapsulating plural G-PDUs from a single UDP datagram, Para. 94. A new flag may be added, e.g. “Multiple G-PDU support Indication” (MGSI) to the existing Indication information element (IE). Indication Flags IE is already delivered with Create Session Response, and Modify Bearer Response messages, Para. 136. As shown in Table 6, Octet 9, bit 5 comprises MGSI (Multiple G-PDU Support Indication): If this bit is set to 1, it indicates that the sender supports decapsulating multiple G-PDUs from a single UDP datagram, Para. 138, Table 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gulbani with the teachings of Okuda since Gulbani provides a technique for devices to inform other devices that they supports decapsulation in response to requests, which can be introduced into the arrangement of Okuda to permit femtocell base stations to inform wireless terminals that they support LA header processing. In regard to Claim 3, Okuda teaches the response message includes the first network adapter address (FIG. 5 illustrates the format of an IP packet added with an LA header. The flow ID and the SN are placed in the GRE, Para. 52, FIG. 5). Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Gupta et al. (Pub. No.: US 20190036788 A1), hereafter referred to as Gupta. In regard to Claim 5, as presented in the rejection of Claim 1, Okuda teaches the data sending device. Okuda fails to teach the first data comprises a plurality of data packets, the encapsulated first data comprises a plurality of encapsulated data packets, sending, by the data sending device, the encapsulated first data to the data receiving device comprises: sending, by the data sending device, the plurality of encapsulated data packets to the data receiving device through a first link, and the method further comprises: receiving, by the data sending device, first indication information from the data receiving device, wherein the first indication information indicates a latency difference between two encapsulated data packets transmitted through the first link, and the latency difference is greater than a preset threshold; and adjusting, by the data sending device based on the first indication information, a weight of an encapsulated data packet transmitted on the first link, wherein the first link is any one of the plurality of links. Gupta teaches the first data comprises a plurality of data packets, the encapsulated first data comprises a plurality of encapsulated data packets, sending, by the data sending device, the encapsulated first data to the data receiving device comprises: sending, by the data sending device, the plurality of encapsulated data packets to the data receiving device through a first link, and the method further comprises: receiving, by the data sending device, first indication information from the data receiving device, wherein the first indication information indicates a latency difference between two encapsulated data packets transmitted through the first link, and the latency difference is greater than a preset threshold; and adjusting, by the data sending device based on the first indication information, a weight of an encapsulated data packet transmitted on the first link, wherein the first link is any one of the plurality of links (The device can apply a function to a first weight of the first prediction of health, Para. 14. The appliance 200a can be configured to take an action associated with the link responsive to the predictor of the health of the link that is selected from predictions made by a rule engine and classifier based on weights. For example, the appliance 200a can identify via the selected predictor of the health of the link, that the link has high latency based on a predetermined latency threshold. The appliance 200a can, responsive to the prediction that the link has high latency, move one or more connections with packet occupancy greater than a predetermined occupancy threshold in a queue to one or more other links, Para. 154. The weight adjuster 506a can receive actual outcomes 536 of the health of the link, compare the actual outcome 536 with the predicted outcomes received from the rule engine and classifier, and then assign or adjust weights based on the comparison, Para. 156, FIG. 5B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gupta with the teachings of Okuda since Gupta provides a technique for utilizing links based on health of links involving adjusting weights related to latency thresholds, which can be introduced into the arrangement of Okuda to permit weights to be assigned to channels for adjusting transmissions based on comparing the latencies of the channels to thresholds. In regard to Claim 6, as presented in the rejection of Claim 1, Okuda teaches the method. Okuda fails to teach an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link. Gupta teaches an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link (during a supervised learning process, the weight adjuster 506a can receive actual outcomes 536 of the health of the link, compare the actual outcome 536 with the predicted outcomes received from the rule engine and classifier, and then assign or adjust weights based on the comparison. If the classifier 504a provides a prediction that does not match the actual outcome 536, the weight adjuster 506a can decrement the weight for the classifier, Para. 156, FIG. 5B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gupta with the teachings of Okuda since Gupta provides a technique for utilizing links based on health of links involving adjusting weights related to latency thresholds, which can be introduced into the arrangement of Okuda to permit weights to be assigned to channels for adjusting transmissions based on comparing the latencies of the channels to thresholds. Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Pacella et al. (Pub. No.: US 20160191325 A1), hereafter referred to as Pacella. In regard to Claim 7, as presented in the rejection of Claim 1, Okuda teaches the data sending device. Okuda fails to teach receiving, by the data sending device, second indication information from the data receiving device, wherein the second indication information indicates a first packet loss rate of a first link; and adjusting, by the data sending device based on the second indication information, a weight of an encapsulated data packet transmitted on the first link, wherein the first link is any one of the plurality of links. Pacella teaches receiving, by the data sending device, second indication information from the data receiving device, wherein the second indication information indicates a first packet loss rate of a first link; and adjusting, by the data sending device based on the second indication information, a weight of an encapsulated data packet transmitted on the first link, wherein the first link is any one of the plurality of links (Parameter weights field 656 may store a set of parameter weights associated with the particular context, Para. 85, FIG. 6B. If the error rate threshold for a link is exceeded, a high error rate weight may be applied to the error rate score parameter, resulting in a high weighted average for the link. The high weighed average for the link may result in a high cost score for the link, which may result in another link being selected as a best next hop destination, Para. 86, FIG. 6B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Pacella with the teachings of Okuda since Pacella provides a technique for utilizing error rates for weights of links, which can be introduced into the arrangement of Okuda to permit optimal utilization of channels to be determined through weights involving error rates of the channels. In regard to Claim 8, as presented in the rejection of Claim 1, Okuda teaches the method. Okuda fails to teach the first packet loss rate is greater than a second packet loss rate, an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link, and the second packet loss rate is of a link other than the first link and locally stored in the data sending device. Pacella teaches the first packet loss rate is greater than a second packet loss rate, an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link, and the second packet loss rate is of a link other than the first link and locally stored in the data sending device (Parameter weights field 656 may store a set of parameter weights associated with the particular context, Para. 85, FIG. 6B. If the error rate threshold for a link is exceeded, a high error rate weight may be applied to the error rate score parameter, resulting in a high weighted average for the link. The high weighed average for the link may result in a high cost score for the link, which may result in another link being selected as a best next hop destination, Para. 86, FIG. 6B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Pacella with the teachings of Okuda since Pacella provides a technique for utilizing error rates for weights of links, which can be introduced into the arrangement of Okuda to permit optimal utilization of channels to be determined through weights involving error rates of the channels. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Perlman et al. (Pub. No.: US 20150373075 A1), hereafter referred to as Perlman. In regard to Claim 9, as presented in the rejection of Claim 1, Okuda teaches the data sending device. Okuda fails to teach sending, by the data sending device, the encapsulated first data to the data receiving device comprises: segmenting, by a distribution module corresponding to a first wireless interface of the data sending device, the first data into a first data packet and a second data packet, wherein the second data packet is distributed to a second wireless interface of the data sending device; sending, by the first wireless interface of the data sending device, an encapsulated first data packet to the data receiving device through the first link; and sending, by the second wireless interface of the data sending device, an encapsulated second data packet to the data receiving device through a second link. Perlman teaches sending, by the data sending device, the encapsulated first data to the data receiving device comprises: segmenting, by a distribution module corresponding to a first wireless interface of the data sending device, the first data into a first data packet and a second data packet, wherein the second data packet is distributed to a second wireless interface of the data sending device; sending, by the first wireless interface of the data sending device, an encapsulated first data packet to the data receiving device through the first link; and sending, by the second wireless interface of the data sending device, an encapsulated second data packet to the data receiving device through a second link (Each TCP/IP packet includes a TCP segment encapsulated in an IP packet, which is further encapsulated in a link layer packet or frame, Para. 77, FIGS. 2, 3. TCP uses the TCP byte sequence number to reorder the byte sequence in the TCP segments that are received out-of-order for TCP transfers between source and destination endpoints that may involve multiple different paths, Para. 79, FIGS. 2, 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Perlman with the teachings of Okuda since Perlman provides a technique for transmissions of encapsulated segments involving multiple different paths between endpoints, which can be introduced into the arrangement of Okuda to permit segments of a packet flow involving encapsulation to be transmitted across different channels. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (Pub. No.: US 20140029527 A1) in view of Gulbani et al. (Pub. No.: US 20180132134 A1), hereafter respectively referred to as Okuda and Gulbani. In regard to Claim 10, Okuda teaches A communication method, comprising: receiving, by a data receiving device (a femtocell base station, Para. 75, FIGS. 3, 5), encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5) from a data sending device (wireless terminal apparatus 34 may set two connections using a mobile IP technology, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13) through a plurality of links (The tag in the device has a two-bit configuration. "11" indicates a packet of a target flow targeted for a link aggregation to be transmitted to both the LTE channel and the wireless LAN channel, Para. 51, FIG. 5. The WiFi-IF 61 and LTE-IF 62 transmit the packets received from the transmitting unit 72 within an aggregation functional unit 64 to the femtocell base station via each of the WLAN channel and the LTE channel, Para. 75, FIGS. 5, 13. The transmitting unit 72 refers to the tag in the device delivered from the header addition unit 75 and determines whether the associated packets use both of the LTE channel and the wireless LAN channel, Para. 81, FIGS. 5, 13). Okuda teaches, by the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5), the encapsulated first data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5) based on a first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) thereby obtaining first data (The received packet processing unit 54 rearranges the sequence of the packets based on a sequence number (SN) added to the packets received from the wireless LAN channel and the LTE channel, Para. 45, FIGS. 3, 5). Okuda teaches, wherein the first data includes to-be-sent data of a first application (application 77 performs various processes to generate a transmission packet, and supplies the packets, Para. 79, FIGS. 2, 5, 13) installed on the data sending device (wireless terminal apparatus 34, Para. 8, FIGS. 2, 5. A wireless terminal apparatus 60, Para. 75, FIG. 13). Okuda teaches a destination address of the first data is an address (LA is an abbreviation for Link Aggregation, Para. 49, FIG. 5. FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol). The V-IP and the GRE constitute the LA header. The destination IP address of the V-IP, Para. 52, FIG. 5) of the data receiving device (a femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches the address of the data receiving device (using a destination IP address included in the header of the received packet to obtain the flow ID, Para. 53, FIGS. 5, 6, 7A) corresponds to the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A). Okuda teaches the first network adapter address is an address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A) or addresses of one or more network adapters (the WiFi-IF 41 and the LTE-IF 42 supply the packets received from the wireless terminal apparatus to a receiving unit 51 within an aggregation functional unit 44, Para. 42, FIGS. 3, 5) of the data receiving device (femtocell base station, Para. 75, FIGS. 3, 5). Okuda teaches the encapsulated first data is data (FIG. 5 illustrates the format of an IP packet added with an LA header, Para. 52, FIG. 5) obtained by encapsulating (FIG. 5 illustrates the format of an IP packet added with an LA header. The LA header includes a 20-byte V-IP (Virtual-Internet Protocol), a 12-byte GRE (Generic Routing Encapsulation), Para. 52, FIG. 5) the first data (application 77 performs various processes to generate a transmission packet, Para. 79, FIGS. 2, 5, 13) based on the first network adapter address (flow ID used for identifying a packet flow, Para. 53, FIGS. 5, 6, 7A). Although Okuda teaches the encapsulated first data, Okuda fails to teach decapsulating the encapsulated first data. Gulbani teaches decapsulating, by the data receiving device, the encapsulated first data (it may be indicated in a control message, that the apparatus is adapted to decapsulate the plural packet data units from the datagram, Para. 60. An upgraded GTP entity informs a GTP peer that it provides the capability of decapsulating plural G-PDUs from a single UDP datagram, Para. 94. As shown in Table 6, Octet 9, bit 5 comprises MGSI (Multiple G-PDU Support Indication): If this bit is set to 1, it indicates that the sender supports decapsulating multiple G-PDUs from a single UDP datagram, Para. 138, Table 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gulbani with the teachings of Okuda since Gulbani provides a technique for devices to inform other devices that they supports decapsulation in response to requests, which can be introduced into the arrangement of Okuda to permit femtocell base stations to inform wireless terminals that they support LA header processing. In regard to Claim 11, as presented in the rejection of Claim 10, Okuda teaches the data receiving device. Okuda fails to teach receiving, by the data receiving device, a probe packet from the data sending device, wherein the probe packet is used to probe whether the data receiving device supports network adapter address-based data decapsulation; and sending, by the data receiving device, a response message to the data sending device, wherein the response message indicates that the data receiving device supports network adapter address- based data decapsulation. Gulbani teaches receiving, by the data receiving device, a probe packet from the data sending device, wherein the probe packet is used to probe whether the data receiving device supports network adapter address-based data decapsulation; and sending, by the data receiving device, a response message to the data sending device, wherein the response message indicates that the data receiving device supports network adapter address- based data decapsulation (it may be indicated in a control message, that the apparatus is adapted to decapsulate the plural packet data units from the datagram. The control message may be: a create bearer response, a modify bearer response, a create context response, an update context response, a radio access bearer setup response, and a radio access bearer assignment response, Para. 60. An upgraded GTP entity informs a GTP peer that it provides the capability of decapsulating plural G-PDUs from a single UDP datagram, Para. 94. A new flag may be added, e.g. “Multiple G-PDU support Indication” (MGSI) to the existing Indication information element (IE). Indication Flags IE is already delivered with Create Session Response, and Modify Bearer Response messages, Para. 136. As shown in Table 6, Octet 9, bit 5 comprises MGSI (Multiple G-PDU Support Indication): If this bit is set to 1, it indicates that the sender supports decapsulating multiple G-PDUs from a single UDP datagram, Para. 138, Table 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gulbani with the teachings of Okuda since Gulbani provides a technique for devices to inform other devices that they supports decapsulation in response to requests, which can be introduced into the arrangement of Okuda to permit femtocell base stations to inform wireless terminals that they support LA header processing. In regard to Claim 12, Okuda teaches the response message includes the first network adapter address (FIG. 5 illustrates the format of an IP packet added with an LA header. The flow ID and the SN are placed in the GRE, Para. 52, FIG. 5). Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Gulbani, and further in view of Gupta et al. (Pub. No.: US 20190036788 A1), hereafter referred to as Gupta. In regard to Claim 13, as presented in the rejection of Claim 10, Okuda in view of Gulbani teaches the data sending device. Okuda in view of Gulbani fails to teach the first data comprises a plurality of data packets, the encapsulated first data comprises a plurality of encapsulated data packets, receiving the encapsulated first data from the data sending device comprises: receiving, by the data receiving device, the plurality of encapsulated data packets from the data sending device through a first link, and the method further comprises: sending, by the data receiving device, first indication information to the data sending device, wherein the first indication information indicates a latency difference between two encapsulated data packets transmitted through the first link, the latency difference is used to adjust a weight of an encapsulated data packet transmitted on the first link, the latency difference is greater than a preset threshold, and the first link is any one of the plurality of links. Gupta teaches the first data comprises a plurality of data packets, the encapsulated first data comprises a plurality of encapsulated data packets, receiving the encapsulated first data from the data sending device comprises: receiving, by the data receiving device, the plurality of encapsulated data packets from the data sending device through a first link, and the method further comprises: sending, by the data receiving device, first indication information to the data sending device, wherein the first indication information indicates a latency difference between two encapsulated data packets transmitted through the first link, the latency difference is used to adjust a weight of an encapsulated data packet transmitted on the first link, the latency difference is greater than a preset threshold, and the first link is any one of the plurality of links (The device can apply a function to a first weight of the first prediction of health, Para. 14. The appliance 200a can be configured to take an action associated with the link responsive to the predictor of the health of the link that is selected from predictions made by a rule engine and classifier based on weights. For example, the appliance 200a can identify via the selected predictor of the health of the link, that the link has high latency based on a predetermined latency threshold. The appliance 200a can, responsive to the prediction that the link has high latency, move one or more connections with packet occupancy greater than a predetermined occupancy threshold in a queue to one or more other links, Para. 154. The weight adjuster 506a can receive actual outcomes 536 of the health of the link, compare the actual outcome 536 with the predicted outcomes received from the rule engine and classifier, and then assign or adjust weights based on the comparison, Para. 156, FIG. 5B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gupta with the teachings of Okuda in view of Gulbani since Gupta provides a technique for utilizing links based on health of links involving adjusting weights related to latency thresholds, which can be introduced into the arrangement of Okuda in view of Gulbani to permit weights to be assigned to channels for adjusting transmissions based on comparing the latencies of the channels to thresholds. In regard to Claim 14, as presented in the rejection of Claim 10, Okuda in view of Gulbani teaches the method. Okuda in view of Gulbani fails to teach an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link. Gupta teaches an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link (during a supervised learning process, the weight adjuster 506a can receive actual outcomes 536 of the health of the link, compare the actual outcome 536 with the predicted outcomes received from the rule engine and classifier, and then assign or adjust weights based on the comparison. If the classifier 504a provides a prediction that does not match the actual outcome 536, the weight adjuster 506a can decrement the weight for the classifier, Para. 156, FIG. 5B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gupta with the teachings of Okuda in view of Gulbani since Gupta provides a technique for utilizing links based on health of links involving adjusting weights related to latency thresholds, which can be introduced into the arrangement of Okuda in view of Gulbani to permit weights to be assigned to channels for adjusting transmissions based on comparing the latencies of the channels to thresholds. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda in view of Gulbani, and further in view of Pacella et al. (Pub. No.: US 20160191325 A1), hereafter referred to as Pacella. In regard to Claim 15, as presented in the rejection of Claim 10, Okuda in view of Gulbani teaches the data receiving device. Okuda in view of Gulbani fails to teach sending, by the data receiving device, second indication information to the data sending device, wherein the second indication information indicates a first packet loss rate of a first link, the first packet loss rate is used to adjust a weight of an encapsulated data packet transmitted on the first link, and the first link is any one of the plurality of links. Pacella teaches sending, by the data receiving device, second indication information to the data sending device, wherein the second indication information indicates a first packet loss rate of a first link, the first packet loss rate is used to adjust a weight of an encapsulated data packet transmitted on the first link, and the first link is any one of the plurality of links (Parameter weights field 656 may store a set of parameter weights associated with the particular context, Para. 85, FIG. 6B. If the error rate threshold for a link is exceeded, a high error rate weight may be applied to the error rate score parameter, resulting in a high weighted average for the link. The high weighed average for the link may result in a high cost score for the link, which may result in another link being selected as a best next hop destination, Para. 86, FIG. 6B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Pacella with the teachings of Okuda in view of Gulbani since Pacella provides a technique for utilizing error rates for weights of links, which can be introduced into the arrangement of Okuda in view of Gulbani to permit optimal utilization of channels to be determined through weights involving error rates of the channels. In regard to Claim 16, as presented in the rejection of Claim 1, Okuda in view of Gulbani teaches the method. Okuda in view of Gulbani fails to teach the first packet loss rate is greater than a second packet loss rate, an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link, and the second packet loss rate is of a link other than the first link and locally stored in the data sending device. Pacella teaches the first packet loss rate is greater than a second packet loss rate, an adjusted weight of the encapsulated data packet transmitted on the first link is less than an unadjusted weight of the encapsulated data packet transmitted on the first link, and the second packet loss rate is of a link other than the first link and locally stored in the data sending device (Parameter weights field 656 may store a set of parameter weights associated with the particular context, Para. 85, FIG. 6B. If the error rate threshold for a link is exceeded, a high error rate weight may be applied to the error rate score parameter, resulting in a high weighted average for the link. The high weighed average for the link may result in a high cost score for the link, which may result in another link being selected as a best next hop destination, Para. 86, FIG. 6B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Pacella with the teachings of Okuda in view of Gulbani since Pacella provides a technique for utilizing error rates for weights of links, which can be introduced into the arrangement of Okuda in view of Gulbani to permit optimal utilization of channels to be determined through weights involving error rates of the channels. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boutros et al. (Pub. No.: US 20190238363 A1) teaches sending, by the data sending device, the encapsulated first data to the data receiving device through a plurality of links (Each path is formed by a series of tunnels 150-158 that are established between neighboring hops along the path, Para. 33, FIG. 1). Sinicrope et al. (Pub. No.: US 20070030851 A1) teaches sending, by the data sending device, the encapsulated first data to the data receiving device through a plurality of links (PW function 204 performs a PW encapsulation of the data, adds a PW label (not shown) for tunneling encapsulated data 209 to edge router 206 via tunnel 205, Para. 29, FIG. 2a). Yamada et al. (Pub. No.: US 20030131131 A1) teaches sending, by the data sending device, the encapsulated first data to the data receiving device through a plurality of links (FIGS. 12 and 13 explain the load balancing function in greater detail. The TE unit 12 consults the layer-2 flow condition table T5, based on the layer-2 source address (00:aa:bb:01:01:03) and layer-2 destination address (00:aa:bb:01:02:03), Para. 102, FIGS. 11-13). Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET. 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, CHIRAG G SHAH can be reached at (571)272-3144. 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. Joshua Smith /J.S./ 5-27-2026 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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Prosecution Timeline

Jun 14, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
94%
With Interview (+25.0%)
4y 0m (~1y 11m remaining)
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