Prosecution Insights
Last updated: July 17, 2026
Application No. 18/744,255

ADAPTIVE FORWARD ERROR CORRECTION

Non-Final OA §102
Filed
Jun 14, 2024
Priority
Jun 14, 2023 — provisional 63/521,014
Examiner
DANIEL JR, WILLIE J
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Espace Networks Inc.
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
1y 9m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
440 granted / 723 resolved
+2.9% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
25 currently pending
Career history
756
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
69.1%
+29.1% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 723 resolved cases

Office Action

§102
DETAILED ACTION This action is in response to application filed on 14 June 2024. Claims 1-14 are now pending in the present application. This office action is made Non-Final. 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 . Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 28 January 2025 are in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(2) as being by Lusted et al. (hereinafter Lee) (US 2014/0258813 A1). Regarding claim 1, Lusted discloses a communication system { (see pg. 1, [0016]; Figs. 1A-5) }comprising: a Dynamic Multiple Input/Multiple Output Transmission System (DMTS) module (e.g., 122) { (see pp. 4-5, [0031]; Figs. 1A-2), where the system has module (e.g., 122) that performs dynamic resolution of FEC }; and an adaptive forward error correction (FEC) module (e.g., 112) including, a transmission module for receiving first packets and commands from the DMTS module (e.g., 122), generating a parity check for n number of said first packets, and retransmitting said first packets with the parity check to a channel manager in a transmission direction, and further including a receive module for receiving second packets from the channel manager in a receive direction { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2), where the system performs dynamic FEC and integrity check for parity }; wherein the DMTS (e.g., 122) controls when a parity check is sent for a traffic flow { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2), where the system performs dynamic FEC and integrity check for parity }; the parity check may be sent across multiple channels { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2), where the system performs dynamic FEC and integrity check for parity }; and the FEC module (e.g., 112) can be enabled or disabled for each traffic flow { (see pg. 2, [0020]; pg. 1, [0016]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2), where the system performs dynamic FEC and integrity check for parity and the FEC modes (e.g., light, heavy, off) (see pg. 2, [0019]; pg. 3, [0024]) }. Regarding claim 2, Lusted discloses the system of claim 2, wherein the channel manager switches between subchannels between the FEC module (e.g., 112) and a channel side { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2) }. Regarding claim 3, Lusted discloses the system of claim 3, wherein the channel manager determines link conditions for a link, including packet loss, latency and jitter, and wherein the channel manager further determines when the link goes online or offline { (see pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 4, Lusted discloses the system of claim 1, wherein the DMTS module selects a transmission link to utilize in transmitting a data packet, controls the enabling or disabling of the FEC module, including when to generate and send said parity check at any time in a given channel flow { (see pp. 4-5, [0031]; pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 5, Lusted discloses the system of claim 4, wherein the DMTS operates in a transmission direction to determine for a given traffic, based on traffic priority, jitter, latency, packet loss, bandwidth cost, or demand, from a number of available links which is the best link to send data packets, how often a parity check is to be sent by the transmission module of the FEC module, and the number of N packets for which the parity check is generated { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2) }. Regarding claim 6, Lusted discloses the system of claim 1, wherein the receive module of the FEC module receives the second data packets, the second data packets including a parity check, and processes the second data packets to regenerate any lost packets { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2) }. Regarding claim 7, Lusted discloses the system of claim 6, wherein the receive module regenerates one lost data packet { (see pg. 3, [0025-0026]; pp. 4-5, [0031]; Figs. 1A-5) }. Regarding claim 8, Lusted discloses the system of claim 6, wherein the receive module does not regenerate any lost data packets when more than one data packet is lost { (see pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 9, Lusted discloses the system of claim 1, wherein said first data packets are transmitted in the transmission direction through the transmission module of the FEC module, the transmission module assigns one or more of said first data packets to a superframe pool having a plurality of subframes; wherein said subframes are XOR'ed to generate one parity frame for each superframe pool { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2) }. Regarding claim 10, Lusted discloses the system of claim 9, wherein the parity check is added as a subframe to said superframe pool { (see pg. 2, [0019-0020]; pg. 3, [0024]; pg. 5, [0032]; Figs. 1A-2) }. Regarding claim 11, Lusted discloses the system of claim 10, wherein said subframes are sent across to a channel side through the channel manager and said parity check subframe is sent as the last frame after all subframes are sent { (see pg. 2, [0019-0020]; pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 12, Lusted discloses the system of claim 9, wherein said second data packets are received by the receive module of the FEC module as subframes arriving from the channel manager, are transformed to packets, and sent to the DMTS module { (see pg. 2, [0019-0020]; pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 13, Lusted discloses the system of claim 12, wherein the receive module of the FEC module stores a copy of each subframe in a buffer pool for each superframe pool and the parity check is used to generate any lost subframe { (see pg. 2, [0019-0020]; pg. 3, [0025-0026]; Figs. 1A-5) }. Regarding claim 14, Lusted discloses the system of claim 13, wherein after all received subframes are processed by the receive module of the FEC module, pools are deleted and the superframe pool is freed { (see pg. 2, [0019-0020]; pg. 3, [0025-0026]; Figs. 1A-5) }. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LeFevre (US 2020/0044770 A1) discloses transmission of probabilistically shaped amplitudes using partially anti-symmetric amplitude labels. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6. 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, Gary Mui can be reached on 571-270-1420. 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. /WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465 WJD,Jr 18 June 2026
Read full office action

Prosecution Timeline

Jun 14, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
61%
Grant Probability
81%
With Interview (+20.0%)
3y 10m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 723 resolved cases by this examiner. Grant probability derived from career allowance rate.

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