Prosecution Insights
Last updated: July 17, 2026
Application No. 18/828,106

NETWORK PERFORMANCE MEASUREMENT METHOD, SYSTEM, AND APPARATUS

Non-Final OA §102
Filed
Sep 09, 2024
Priority
Mar 11, 2022 — CN 202210242665.8 +1 more
Examiner
KEEHN, RICHARD G
Art Unit
2444
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
676 granted / 850 resolved
+21.5% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
10 currently pending
Career history
859
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
82.1%
+42.1% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§102
DETAILED ACTION Claims 1-30 are pending and have been examined. 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 . 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. (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. Claims 1, 4-6, 8, 9, 12-14, 16, 17, 20-22, 24, 25 and 28-30 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by US 9,608,934 B1 (Kalman et al.). As to Claim 1, Kalman et al. anticipate a switching device to forward a packet between a first device and a second device (Kalman et al. disclose the Content Transmission System comprising a Content Provider 300 {management device} comprising a Dynamic Adjustment Component 375 {switching device} which monitors the Transmission Component 370 {first device} which sends and receives packets to and from Client 400 {second device} via Network 380 – Fig. 3 and 13:50-14:8), comprising: a processor (Kalman et al. disclose the processor and memory – 5:4-12); a memory storing program instructions (Kalman et al. disclose the processor and memory – 5:4-12), which, when executed by the processor, cause the switching device to: obtain a first time of a first packet, wherein the first time is a time at which the switching device receives or forwards the first packet, the first packet is an initial packet of a first service object (Kalman et al. disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15); obtain a second time of a second packet, wherein the second time is a time at which the switching device receives or forwards the second packet, the second packet is a tail packet of the first service object, wherein the first packet and the second packet are identified according to an object identification rule corresponding to the first service object, the first service object indicates a packet exchange phase in a service interaction process between the first device and the second device, and the first packet and the second packet comprise a service object identifier of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); and obtain based on the first time and the second time, object measurement information corresponding to the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 4, Kalman et al. anticipate the switching device according to claim 1, wherein the first packet or the second packet is a request packet, a response packet, a 1st data packet, or a last data packet in the packet exchange phase (Kalman et al. disclose the first packet group {first service object of content distribution {data packet} 36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15). As to Claim 5, Kalman et al. anticipate the switching device according to claim 1, wherein the program instructions further cause the switching device to: send, the object measurement information to a management device when a difference between the second time and the first time is greater than a first threshold, and/or when the switching device detects, between the first time and the second time, that a packet exception event exists in the first service object, wherein the packet exception event comprises that packet forwarding duration is greater than a second threshold or the packet is lost (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 6, Kalman et al. anticipate the switching device according to claim 1, wherein the object measurement information comprises a first delay, and the first delay is a difference between the second time and the first time (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); and the first packet is from the first device, the second packet is from the second device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device forwards the second packet to the first device; the first packet is from the second device, the second packet is from the first device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device receives the second packet; both the first packet and the second packet are from the first device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device receives the second packet (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); or both the first packet and the second packet are from the second device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device forwards the second packet to the first device. As to Claim 8, Kalman et al. anticipate the switching device according to claim 1, wherein the object measurement information comprises the first time and the second time (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 9, Kalman et al. anticipate a network performance measurement system, wherein the system comprises a management device, a switching device, a first device, and a second device, and the switching device is configured to forward a packet between the first device and the second device (Kalman et al. disclose the Content Transmission System comprising a Content Provider 300 {management device} comprising a Dynamic Adjustment Component 375 {switching device} which monitors the Transmission Component 370 {first device} which sends and receives packets to and from Client 400 {second device} via Network 380 – Fig. 3 and 13:50-14:8); the management device is configured to send an object identification rule to the switching device (Kalman et al. disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15); and the switching device is further configured to: identify a first packet and a second packet of a first service object according to the object identification rule (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15), obtain a first time of the first packet, wherein the first time is a time at which the switching device receives or forwards the first packet, and the first packet is an initial packet of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15), obtain a second time of the second packet, wherein the second time is a time at which the switching device receives or forwards the second packet, and the second packet is a tail packet of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5), and obtain, based on the first time and the second time, object measurement information corresponding to the first service object, wherein the first packet and the second packet comprise a service object identifier of the first service object, and the first service object indicates a packet exchange phase in a service interaction process between the first device and the second device (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements and routes {packet exchange phase} – 5:50-6:5). As to Claim 12, Kalman et al. anticipate the system according to claim 9, wherein the first packet or the second packet is a request packet, a response packet, a 1st data packet, or a last data packet in the packet exchange phase (Kalman et al. disclose the first packet group {first service object of content distribution {data packet} 36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15). As to Claim 13, Kalman et al. anticipate the system according to claim 9, wherein the switching device is further configured to: send the object measurement information to the management device when a difference between the second time and the first time is greater than a first threshold, and/or when the switching device detects, between the first time and the second time, that a packet exception event exists in the first service object, wherein the packet exception event comprises that packet forwarding duration is greater than a second threshold or the packet is lost (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 14, Kalman et al. anticipate the system according to claim 9, wherein the object measurement information comprises a first delay, and the first delay is a difference between the second time and the first time (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); and the first packet is from the first device, the second packet is from the second device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device forwards the second packet to the first device; the first packet is from the second device, the second packet is from the first device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device receives the second packet; both the first packet and the second packet are from the first device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device receives the second packet (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); or both the first packet and the second packet are from the second device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device forwards the second packet to the first device. As to Claim 16, Kalman et al. anticipate the system according to claim 9, wherein the object measurement information comprises the first time and the second time (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 17, Kalman et al. anticipate a management device, comprises: a processor (Kalman et al. disclose the processor and memory – 5:4-12); a memory storing program instructions (Kalman et al. disclose the processor and memory – 5:4-12), which, when executed by the processor, cause the management device to: send, an object identification rule to a switching device (Kalman et al. disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15), wherein the switching device identifies a first packet and a second packet of a first service object according to the object identification rule, obtains a first time of the first packet and a second time of the second packet, and obtains object measurement information based on the first time and the second time, wherein the first time is a time at which the switching device receives or forwards the first packet, the second time is a time at which the switching device receives or forwards the second packet, the first packet is an initial packet of the first service object, and the second packet is a tail packet of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); receive, the object measurement information of the first service object from the switching device, wherein the first service object indicates a packet exchange phase in a service interaction process between a first device and a second device, and the first packet and the second packet include a service object identifier of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements and routes {packet exchange phase} – 5:50-6:5). As to Claim 20, Kalman et al. anticipate the management device according to claim 17, wherein the first packet or the second packet is a request packet, a response packet, a 1st data packet, or a last data packet in the packet exchange phase (Kalman et al. disclose the first packet group {first service object of content distribution {data packet} 36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15). As to Claim 21, Kalman et al. anticipate the management device according to claim 17, wherein the program instructions further cause the management device to: receive, the object measurement information from the switching device when a difference between the second time and the first time is greater than a first threshold, and/or when the switching device detects, between the first time and the second time, that a packet exception event exists in the first service object, wherein the packet exception event comprises that packet forwarding duration is greater than a second threshold or the packet is lost (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 22, Kalman et al. anticipate the management device according to claim 17, wherein the object measurement information comprises a first delay, and the first delay is a difference between the second time and the first time (Kalman et al. disclose the first packet group {first service object of content distribution36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); and the first packet is from the first device, the second packet is from the second device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device forwards the second packet to the first device; the first packet is from the second device, the second packet is from the first device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device receives the second packet; both the first packet and the second packet are from the first device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device receives the second packet (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5); or both the first packet and the second packet are from the second device, the first time is the time at which the switching device forwards the first packet to the first device, and the second time is the time at which the switching device forwards the second packet to the first device. As to Claim 24, Kalman et al. anticipate the management device according to claim 17, wherein the object measurement information comprises the first time and the second time (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 25, Kalman et al. anticipate a target device, comprises: a processor (Kalman et al. disclose the processor and memory – 5:4-12); a memory storing program instructions (Kalman et al. disclose the processor and memory – 5:4-12), which, when executed by the processor, cause the target device to: receive, an object identification rule from a management device (Kalman et al. disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15); construct, an initial packet and a tail packet of a first service object according to the object identification rule, to obtain a first packet and a second packet, wherein the first packet and the second packet include a service object identifier of the first service object (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is received from the target device and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the first packet group {first service object of content distribution - 26:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error {object identification and processing rule} – 26:38-63, Claim 14 and Figs. 14 and 15); forward, the first packet and the second packet via a switching device, wherein the switching device identifies the first packet and the second packet according to the object identification rule, obtains object measurement information based on a first time of the first packet and a second time of the second packet, where the first time is a time at which the switching device receives or forwards the first packet, and the second time is a time at which the switching device receives or forwards the second packet (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 28, Kalman et al. anticipate the target device according to claim 25, wherein the first packet or the second packet is a request packet, a response packet, a 1st data packet, or a last data packet in a packet exchange phase (Kalman et al. disclose the first packet group {first service object of content distribution {data packet} 36:38-63} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15). As to Claim 29, Kalman et al. anticipate the target device according to claim 25, wherein the object measurement information comprises a first delay, and the first delay is a difference between the second time and the first time; both the first packet and the second packet are from the target device, the first time is the time at which the switching device receives the first packet, and the second time is the time at which the switching device receives the second packet (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). As to Claim 30, Kalman et al. anticipate the target device according to claim 25, wherein the object measurement information comprises the first time and the second time (Kalman et al. disclose the first packet group {first service object of content distribution} being monitored such that the first packet group’s first start packet {initial packet} is captured and compared to the first end packet {second packet or claimed “tail packet”}. The result is then used to dynamically estimate the bandwidth {object measurement information} and adjust the forward error – 26:38-63, Claim 14 and Figs. 14 and 15. Kalman et al. also disclose the packet header information including protocol {rule} identifiers, processing requirements {rules} and routes {rules defining packet transmission paths} – 5:50-6:5). Allowable Subject Matter Claims 2, 3, 7, 10, 11, 15, 18, 19, 23, 26 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Interview Practice USPTO Automated Interview Request (AIR) The USPTO AIR is a new optional online interview scheduling tool that allows Applicants to request an interview with an Examiner for their pending patent application. The USPTO AIR form is available on our website at: http://www.uspto.gov/patent/laws-and-regulations/interview-practice. By submitting this type of interview request, the pending patent application will be in compliance with the written authorization requirement for Internet communication in accordance with MPEP §502.03. This authorization will be in effect until the Applicant provides a written withdrawal of authorization to the Examiner of record. If you have questions or need assistance with the USPTO AIR form or with interview practice at the USPTO, please contact an Interview Specialist at http://www.uspto.gov/patent/laws-and-regulations/interview-practice/interview-specialist or send an email to ExaminerInterviewPractice@USPTO.GOV. Examiner Notes: A) Prior to conducting any interview (whether using AIR or not), Applicant(s) must submit an agenda including the proposed date and time, all arguments in writing, and proposed claim amendments (if applicable). Any proposed amendments or arguments not presented in the agenda will only be heard by the Examiner, but because the Examiner will not have heard them in advance and been given an equitable opportunity to consider them, no decision will be rendered, nor agreement made. ALL AGENDAS MUST BE RECEIVED BY THE EXAMINER AT LEAST 24 HOURS PRIOR TO THE START OF THE INTERVIEW, OR THE PREVIOUS BUSINESS DAY, WHICHEVER IS LONGER, or the interview may have to be rescheduled. B) After-final interviews may be granted, but the agenda must be in compliance with MPEP 713.09 which limits the interview only to discussions of proposed amendments, or clarification for appeal. After-final interviews are not to be conducted for the purpose of rehashing previously made arguments. After seeing the agenda, Examiner will decide whether to grant or deny the interview. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G KEEHN whose telephone number is (571)270-5007. The examiner can normally be reached M-F 9:00am - 5:00pm Eastern. 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, John A Follansbee can be reached at 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of 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. /RICHARD G KEEHN/Primary Examiner, Art Unit 2444
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Prosecution Timeline

Sep 09, 2024
Application Filed
Apr 21, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
80%
Grant Probability
95%
With Interview (+15.4%)
2y 10m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 850 resolved cases by this examiner. Grant probability derived from career allowance rate.

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