Prosecution Insights
Last updated: July 17, 2026
Application No. 18/793,623

ACCELERATED NETWORK PACKET PROCESSING

Non-Final OA §DP
Filed
Aug 02, 2024
Priority
Dec 22, 2015 — continuation of 9912774 +4 more
Examiner
ZAIDI, IQBAL
Art Unit
Tech Center
Assignee
Intel Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1101 granted / 1218 resolved
+30.4% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
26 currently pending
Career history
1253
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1218 resolved cases

Office Action

§DP
DETAILED ACTION The instant application having application No 18/793,623 filed on 08/02/2024 is presented for examination by the examiner. Oath/Declaration The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R 1.63. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 19-37 of Patent Application No. 18130733 (hereafter Patent Application). Although the conflicting claims are not identical, they are not patentably distinct from each other because both claims are based on first action of a packet processing pipeline for a network packet and vice versa. For claim 1, Patent Application disclose an apparatus configurable to be used in association with at least one network, the apparatus to be used in network switch forwarding operations associated with the at least one network, the apparatus comprising packet processing circuitry configurable to implement, when the apparatus is in operation, at least one programmable packet processing pipeline, the at least one programmable packet processing pipeline being programmable to implement at least one programmable match-action operation, the at least one programmable match-action operation being to match, based upon match-action lookup data, action rule data with received packet data; wherein the packet processing circuitry is programmable, when the apparatus is in the operation, (1) based upon received configuration data and (2) via at least one application programming interface; the received configuration data is to be generated based upon programming language instructions that define the match-action lookup data and/or header format data of the received packet data; the apparatus is programmable to access at least one portion of the match-action lookup data for use in the at least one programmable match-action operation; and the action rule data is configurable to comprise packet data classification data and/or header field data classification data(See Claim 19). For claim 2, Patent Application disclose the action rule data is configurable to define, at least in part, at least one tunnel header field data classification rule (See Claim 20). For claim 3, Patent Application disclose the action rule data is also configurable to define, at least in part, at least one tunnel header data decapsulation action associated with the received packet data; and the at least one tunnel header data decapsulation action comprises removal of one or more of virtual extensible local area network (VXLAN) header data; network virtualization using generic routing extension (NV-GRE) header data; generic network virtualization encapsulation (GENEVE) header data; and/or multiprotocol label switch (MPLS) header data (See Claim 21). For claim 4, Patent Application disclose the at least one programmable packet processing pipeline is also programmable to implement at least one parser operation to recognize header field data of the received packet data to be used in the at least one programmable match-action operation; and/or the apparatus is configurable to be used in a network switch that comprises physical ports (See Claim 22). For claim 5, Patent Application disclose the match-action lookup data is configurable also comprises access control list data (See Claim 23). For claim 6, Patent Application disclose at least one non-transitory machine-readable medium storing instructions for being executed by an apparatus, the apparatus to be configured to be used in association with at least one network, the apparatus to be used in network switch forwarding operations associated with the at least one network, the apparatus comprising configuring packet processing circuitry to implement, when the apparatus is in operation, at least one programmable packet processing pipeline, the at least one programmable packet processing pipeline to be programmed to implement at least one programmable match-action operation, the at least one programmable match-action operation being to match, based upon match-action lookup data, action rule data with received packet data; wherein the packet processing circuitry is programmable, when the apparatus is in the operation, (1) based upon received configuration data and (2) via at least one application programming interface; the received configuration data is to be generated based upon programming language instructions that define the match-action lookup data and/or header format data of the received packet data; the apparatus is programmable to access at least one portion of the match-action lookup data for use in the at least one programmable match-action operation; and the action rule data is configurable to comprise packet data classification data and/or header field data classification data(See Claim 24). For claim 7, Patent Application disclose the action rule data is configurable to define, at least in part, at least one tunnel header field data classification rule (See Claim 25). For claim 8, Patent Application disclose the action rule data is also configurable to define, at least in part, at least one tunnel header data decapsulation action associated with the received packet data; and the at least one tunnel header data decapsulation action comprises removal of one or more of virtual extensible local area network (VXLAN) header data; network virtualization using generic routing extension (NV-GRE) header data; generic network virtualization encapsulation (GENEVE) header data; and/or multiprotocol label switch (MPLS) header data (See Claim 26). For claim 9, Patent Application disclose the at least one programmable packet processing pipeline is also programmable to implement at least one parser operation to recognize header field data of the received packet data to be used in the at least one programmable match-action operation; and/or the apparatus is configurable to be used in a network switch that comprises physical ports (See Claim 27). For claim 10, Patent Application disclose the match-action lookup data is configurable also comprises access control list data (See Claim 28). For claim 11, Patent Application disclose a method implemented using an apparatus, the apparatus to be configured to be used in association with at least one network, the apparatus to be used in network switch forwarding operations associated with the at least one network, the apparatus comprising configuring packet processing circuitry to implement, when the apparatus is in operation, at least one programmable packet processing pipeline, the at least one programmable packet processing pipeline to be programmed to implement at least one programmable match-action operation, the at least one programmable match-action operation being to match, based upon match-action lookup data, action rule data with received packet data; wherein the packet processing circuitry is programmable, when the apparatus is in the operation, (1) based upon received configuration data and (2) via at least one application programming interface; the received configuration data is to be generated based upon programming language instructions that define the match-action lookup data and/or header format data of the received packet data; the apparatus is programmable to access at least one portion of the match-action lookup data for use in the at least one programmable match-action operation; and the action rule data is configurable to comprise packet data classification data and/or header field data classification data(See Claim 29). For claim 12, Patent Application disclose the action rule data is configurable to define, at least in part, at least one tunnel header field data classification rule(See Claim 29). For claim 13, Patent Application disclose the action rule data is also configurable to define, at least in part, at least one tunnel header data decapsulation action associated with the received packet data; and the at least one tunnel header data decapsulation action comprises removal of one or more of virtual extensible local area network (VXLAN) header data; network virtualization using generic routing extension (NV-GRE) header data; generic network virtualization encapsulation (GENEVE) header data; and/or multiprotocol label switch (MPLS) header data(See Claim 30). For claim 14, Patent Application disclose the at least one programmable packet processing pipeline is also programmable to implement at least one parser operation to recognize header field data of the received packet data to be used in the at least one programmable match-action operation; and/or the apparatus is configurable to be used in a network switch that comprises physical ports (See Claim 31). For claim 15, Patent Application disclose the match-action lookup data is configurable also comprises access control list data (See Claim 32). For claim 16, Patent Application disclose Network switch circuitry to be used in association with at least one network, the network switch circuitry to be used in network switch forwarding operations associated with the at least one network, the network switch circuitry comprising physical ports to be communicatively coupled to the at least one network and to be used in association with carrying out the network switch forwarding operations; and packet processing circuitry configurable to implement, when the network switch circuitry is in operation, at least one programmable packet processing pipeline, the at least one programmable packet processing pipeline being programmable to implement at least one programmable match-action operation, the at least one programmable match-action operation being to match, based upon match-action lookup data, action rule data with received packet data; wherein the packet processing circuitry is programmable, when the network switch circuitry is in the operation, (1) based upon received configuration data and (2) via at least one application programming interface; the received configuration data is to be generated based upon programming language instructions that define the match-action lookup data and/or header format data of the received packet data; the network switch circuitry is programmable to access at least one portion of the match-action lookup data for use in the at least one programmable match-action operation; and the action rule data is configurable to comprise packet data classification data and/or header field data classification data (See Claim 33). For claim 17, Patent Application disclose the action rule data is configurable to define, at least in part, at least one tunnel header field data classification rule (See Claim 33). For claim 18, Patent Application disclose the action rule data is also configurable to define, at least in part, at least one tunnel header data decapsulation action associated with the received packet data; and the at least one tunnel header data decapsulation action comprises removal of one or more of virtual extensible local area network (VXLAN) header data; network virtualization using generic routing extension (NV-GRE) header data; generic network virtualization encapsulation (GENEVE) header data; and/or multiprotocol label switch (MPLS) header data(See Claim 34). For claim 19, Patent Application disclose the at least one programmable packet processing pipeline is also programmable to implement at least one parser operation to recognize header field data of the received packet data to be used in the at least one programmable match-action operation (See Claim 35). For claim 20, Patent Application disclose the match-action lookup data is configurable also comprises access control list data (See Claim 36). For claim 21, Patent Application disclose a server system comprises the network switch circuitry; and the physical ports are communicatively coupled to the at least one network (See Claim 37). Examiner Notice Claim 19 would be allowable if (i) resolve double patenting rejection. Claim 24 would be allowable if (i) resolve double patenting rejection. Claim 29 would be allowable if (i) resolve double patenting rejection. Claim 33 would be allowable if (i) resolve double patenting rejection. The claims 1, 3-4, 6, 8-9, 11,13-14, 16 and 18 have the limitation “and/or header format data” and “and/or header field data classification data” and “and/or multiprotocol label switch” and “and/or the apparatus is configurable”, please clarify the language features from the limitations of the claims. Conclusion The match art made of record and not relied upon is considered pertinent to applicant's disclosure are: Wang et al. (US 7389462, Jun. 17, 2008) teaches System and Methods For High Rate Hardware-Accelerated Network Protocol Processing Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. 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). //IQBAL ZAIDI/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Aug 02, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §DP (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
90%
Grant Probability
97%
With Interview (+6.8%)
2y 3m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1218 resolved cases by this examiner. Grant probability derived from career allowance rate.

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