Prosecution Insights
Last updated: April 19, 2026
Application No. 18/833,123

TRANSMISSION OF DATA PACKET WITH DELAY INFORMATION TO AN INDUSTRIAL CONTROLLER

Non-Final OA §103§112
Filed
Jul 25, 2024
Examiner
DOAN, TAN
Art Unit
2445
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
225 granted / 311 resolved
+14.3% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
32 currently pending
Career history
343
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
57.3%
+17.3% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
14.9%
-25.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 311 resolved cases

Office Action

§103 §112
DETAILED ACTION Response to Amendment Claims 1-17 and 26 are pending. Claims 18-25 and 27-35 have been canceled. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-8 recite “forming a data packet intended for the industrial controller; and transmitting the data packet intended for an industrial controller.” The antecedent basis of “an industrial controller” is not clear in the claims. 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. Claims 1-2, 4-6, 9-10, 12-14, 17 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Rácz et al. (US20200322909A1) in view of Lee (US20080159337A1). Regarding claim 1, Rácz discloses a method for transmitting a data packet intended for an industrial controller (Fig 2 and para [0052] show a wireless access network (WAN) 206 that is connected to said two or more robot devices 202, 204 and the controller 222; para [0054] shows industrial protocol adds a time stamp to it data frames; the packet inspection module may be adapted to extract the time stamp from the received uplink data frames), the industrial controller [controller 222] being configured for executing an industrial application to control one or more industrial devices [robot devices 202, 204] in an industrial environment (para [0004, 0025] shows industrial robot deployments and a controller are typically connected for automation application in industry), the method being performed by a primary network node [tunneling unit 208] in a wireless communication network (para [0046] shows wireless naturally introduces some fix delay in packet transmission; Fig 2 and para [0053] show uplink frames from the robot devices 202, 204 reach after having passed the WAN 206, a packet inspection module 210, comprised in the tunneling unit 208), the method comprising: receiving a data packet from at least one industrial device (Fig 2 and para [0053] show uplink frames from the robot devices 202, 204 reach after having passed the WAN 206, a packet inspection module 210, comprised in the tunneling unit 208; para [0054] shows the packet inspection module may be adapted to extract the time stamp from the received uplink data frames; para [0055] shows alternatively, the packet inspection module may be adapted to insert a time stamp into received uplink transport frames.) Rácz discloses this time stamp may reflect the time at which the received frame was generated in the respective robot device (para [0054]) but fails to show: determining a delay time associated with the received data packet, the delay time being indicative of a delay of the received data packet occurred during transmission of the received data packet to the primary network node; forming a data packet intended for the industrial controller; and transmitting the data packet intended for an industrial controller, to one or more secondary network nodes in the wireless communication network, wherein the forming of the data packet intended for the industrial controller comprises forming the data packet from the received data packet and the determined delay time. However, Lee discloses (para [0033] shows a wireless multi-hop system; Fig 8 and para [0076] shows the transit nodes B and C between the transmitting node A and the receiving node D): determining a delay time associated with the received data packet, the delay time being indicative of a delay of the received data packet occurred during transmission of the received data packet to the primary network node; forming a data packet intended for the industrial controller; and transmitting the data packet intended for an industrial controller, to one or more secondary network nodes in the wireless communication network, wherein the forming of the data packet intended for the industrial controller comprises forming the data packet from the received data packet and the determined delay time ([Abstract] shows a node (i) calculates a cumulative delay CUM_DLY(i) of a received packet cumulated up to the current hop, by using an arrival delay of the packet and a cumulative delay CUM_DLY(i−1) cumulated up to the previous hop; para [0035] shows the node (i) (e.g., node B) receives a packet from the node (i-1) (e.g., node A); the node B replaces the arrival delay, which is a delay accumulated up to the node B itself, and transmits the packet in question to the node (i+1) (e.g., node C); para [0067] shows node (i) (e.g., node B) writes the arrival delay in the header of the packet). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Rácz with the teaching of Lee in order to target a wireless multi-hop system (Lee; para [0033]). Regarding claim 9, Rácz discloses a method for transmitting a data packet to an industrial controller (Fig 2 and para [0052] show a wireless access network (WAN) 206 that is connected to said two or more robot devices 202, 204 and the controller 222; para [0054] shows the packet inspection module may be adapted to industrial protocols; para [0054] shows industrial protocol adds a time stamp to it data frames; the packet inspection module may be adapted to extract the time stamp from the received uplink data frames), the industrial controller [controller 222] being configured for executing an industrial application control one or more industrial devices [robot devices 202, 204] in an industrial environment (para [0004, 0025] shows industrial robot deployments and a controller are typically connected via proprietary industrial protocols for automation application in industry). Rácz fails to teach the method being performed by a secondary network node among a plurality of secondary network nodes, between a primary network node and the industrial controller, in a wireless communication network, the method comprising: receiving, from the primary network node, a data packet comprising a delay time relating to a delay occurred during the transmission of the data packet to the primary network node; determining, a new delay time associated with the received data packet, the new delay time being indicative of delay occurred during the transmission of the data packet to the secondary network node; forming, a data packet intended for the industrial controller; and transmitting the data packet to the industrial controller in the wireless communication network, wherein the forming of the data packet intended for the industrial controller comprises forming the data packet from the received data packet and the determined new delay time. However, Lee discloses the method being performed by a secondary network node [node C] among a plurality of secondary network nodes, between a primary network node [node B] and the industrial controller [node D], in a wireless communication network (para [0070] shows a multi-hop system; Fig 8 and para [0076] shows the transit nodes B and C between the transmitting node A and the receiving node D), the method comprising: receiving, from the primary network node, a data packet comprising a delay time relating to a delay occurred during the transmission of the data packet to the primary network node; determining, a new delay time associated with the received data packet, the new delay time being indicative of delay occurred during the transmission of the data packet to the secondary network node ([Abstract] shows a node (i) calculates a cumulative delay CUM_DLY(i) of a received packet cumulated up to the current hop, by using an arrival delay of the packet and a cumulative delay CUM_DLY(i−1) cumulated up to the previous hop; para [0035] shows the node (i) (e.g., node B) receives a packet from the node (i−1) In a predetermined field of a header of the received packet, a cumulative arrival delay CUM_DLY(i−1), which is given by the node (i−1), is stored. As will described later, the node (i) replaces the cumulative arrival delay CUM_DLY(i−1) with a cumulative arrival delay CUM_DLY(i), which is a delay cumulated up to the node (i) itself, and transmits the packet in question to the node (i+1) (e.g., node C)); forming, a data packet intended for the industrial controller; and transmitting the data packet to the industrial controller in the wireless communication network, wherein the forming of the data packet intended for the industrial controller comprises forming the data packet from the received data packet and the determined new delay time (Rácz; [Abstract] shows a node (e.g., node C) calculates a cumulative delay CUM_DLY of a received packet cumulated up to the current hop. The node writes the cumulative delay CUM DLY in a header of the packet and transmits the packet to the next node (e.g., node D).) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Rácz with the teaching of Lee in order to target a wireless multi-hop system (Lee; para [0033]). Regarding claims 2 and 10, Rácz-Lee as applied to claim 1 discloses the step of forming the data packet intended for the industrial controller comprising comprises: identifying a header extension of the received data packet; and appending the delay time to the header extension of the received data packet (Lee; [Abstract] shows a node (i) calculates a cumulative delay CUM_DLY(i) of a received packet cumulated up to the current hop. The node (i) writes the cumulative delay CUM DLY (i) in a header of the packet and transmits the packet to the next node.) Regarding claims 4 and 12, Rácz-Lee as applied to claims 1 and 9 discloses the step of determining the delay time associated with the received data packet comprises: acquiring a set of configured parameters associated with the primary network node; and determining the delay time based on the set of configured parameters associated with the primary network node (Lee; [Abstract] shows a node calculates a cumulative delay CUM_DLY(i) of a received packet; para [0050] shows the node is provided with a plurality of transmission profile; para [0051] shows the transmission profile is composed of parameters. Therefore, by selecting a transmission profile composed of transmission parameters, the arrival delay of a packet can be probabilistically controlled. For example, a plurality of transmission parameters (transmission power, transmission frequency, etc.) are set as a transmission profile, and with such settings, it is possible to set a transmission profile A1 associated with an arrival delay D1 and to set a transmission profile A2 associated with an arrival delay D2.) Regarding claims 5 and 13, Rácz-Lee as applied to claims 4 and 12 discloses the set of configured parameters comprises one or more of a queuing delay, a number of Hybrid Automatic Repeat Request (HARQ} retransmissions, a number of Radio Link Control {RLC} retransmissions, and an estimated delay per HARQ retransmission (Rácz; para [0046] shows the retransmission on radio is typically handled by hybrid automatic repeat request (HARQ) protocol. Lee; para [0046] shows in the case where the retransmission process is synchronous HARQ, the number of HARQ transmissions detected by the node (i) is supposed to be the arrival delay DLY(i)). Regarding claims 6 and 14, Rácz-Lee as applied to claims 4 and 12 discloses: obtaining information about change in the set of configured parameters associated with the primary network node; and determining the delay time based on the information about the change in the set of configured parameters (Lee; [Abstract] shows a node calculates a cumulative delay CUM_DLY(i) of a received packet; para [0050] shows the node is provided with a plurality of transmission profile; para [0051] shows the transmission profile is composed of parameters. Therefore, by selecting a transmission profile composed of transmission parameters, the arrival delay of a packet can be probabilistically controlled. For example, a plurality of transmission parameters (transmission power, transmission frequency, etc.) are set as a transmission profile, and with such settings, it is possible to set a transmission profile A1 associated with an arrival delay D1 and to set a transmission profile A2 associated with an arrival delay D2.) Regarding claim 17, claim 17 is directed to an apparatus. Claim 17 requires limitations that are similar to those recited in the method claim 1 to carry out the method steps. And since Rácz-Lee discloses the method including limitations required to carry out the method steps, therefore claim 17 would have also been obvious in view of Rácz-Lee combined. Furthermore, Rácz-Lee combined discloses an apparatus comprising controlling circuitry (Rácz; para [0016]). Regarding claim 26, claim 26 is directed to an apparatus. Claim 26 requires limitations that are similar to those recited in the method claim 9 to carry out the method steps. And since Rácz-Lee discloses the method including limitations required to carry out the method steps, therefore claim 26 would have also been obvious in view of Rácz-Lee combined. Furthermore, Rácz discloses an apparatus comprising controlling circuitry (Rácz; para [0016]). Claims 3. 8, 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Rácz in view Lee, further in view of Cella (US20220108262A1). Regarding claims 3 and 11, Rácz-Lee as applied to claims 2 and 10 discloses the header extension (Lee; [Abstract] shows a node (i) calculates a cumulative delay CUM_DLY(i) of a received packet cumulated up to the current hop. The node (i) writes the cumulative delay CUM DLY (i) in a header of the packet and transmits the packet to the next node.) Rácz-Lee as combined fails to teach one or more of an Internet Protocol (IP), header extension, Hypertext Transfer Protocol (HTTP), header extension and Constrained Application Protocol (CoAP) header extension. However, Cella discloses one or more of an Internet Protocol (IP), header extension, Hypertext Transfer Protocol (HTTP), header extension and Constrained Application Protocol (CoAP) header extension (para [0429] shows computing environments of enterprises that control heavy industrial environments; para [5350] shows the platform 35610 can use one or more protocols 35608 selected from the group consisting of REST/HTTP, CoAP.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Rácz with the teaching of Cella in order to select one or more protocols 35608 from the group consisting of REST/HTTP, CoAP (Cella; para [5350]). Regarding claims 8 and 16, Rácz-Lee as applied to claims 1 and 9 fails to show: determining that the new delay time exceeds a pre-determined delay threshold; and when it is determined that the new delay time has exceeded the pre-determined delay threshold, transmitting a message to the industrial controller, the message comprising an indication that the new delay time has exceeded the pre-determined delay threshold. However, Cella discloses (para [0429] shows computing environments of enterprises that control heavy industrial environment): determining that the delay time exceeds a pre-determined delay threshold (para [2803] shows delay is used as an indicator to exit slow start, e.g. when a smoothed estimate of RTT exceeds a configured threshold); and when it is determined that the delay time has exceeded the pre-determined delay threshold, transmitting a message to the industrial controller, the message comprising an indication that the delay time has exceeded the pre-determined delay threshold (para [1257] shows the instrument 5002 may produce a notification, alarm, message, or the like.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Rácz with the teaching of Cella in order to produce a notification, alarm, message, or the like when RTT (e.g., delay) exceeds a configured threshold (Cella; para [1257, 2803]). Claims 7 and 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rácz in view of Lee, further in view of Bugenhagen et al. (US20210306206A1). Regarding claims 7 and 15, Rácz-Lee as applied to claim 14 fails to teach the information about the change in the set of configured parameters comprises one or more of: detection of an handover event from the secondary network node, to another secondary network node; and detection of an increase in a number of industrial devices connected to the secondary network node. However, Bugenhagen discloses the information about the change in the set of configured parameters comprises one or more of: detection of an handover event from the secondary network node, to another secondary network node; and detection of an increase in a number of industrial devices connected to the secondary network node (para [0092] shows industrial control; para [0090] shows signaling can also be used to coordinate controller hand-offs from controller to controller; para [0091] shows the applications can also leverage the fast message agent to ensure fast fail-over from node 723 to node 724 (or vice versa) in the event one of those nodes fails.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Rácz-Lee with the teaching of Bugenhagen in order to coordinate controller hand-offs from controller to controller and to ensure fast fail-over from node 723 to node 724 (or vice versa) in the event one of those nodes fails (Bugenhagen; para [0090, 0091]). Citation of Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Parikh et al. (US20210306820A1) discloses in [Abstract] an application-specific wireless communication network for use in an industrial environment; para [0055] shows the MAC layer provides QoS mechanisms to reduce latency for delay-sensitive applications. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN DOAN whose telephone number is (571)270-0162. The examiner can normally be reached Monday - Friday 8am - 5pm 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, Oscar Louie, can be reached at (571) 270-1684. 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. /TAN DOAN/Primary Examiner, Art Unit 2445
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Prosecution Timeline

Jul 25, 2024
Application Filed
Jan 26, 2026
Non-Final Rejection — §103, §112 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+25.4%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 311 resolved cases by this examiner. Grant probability derived from career allow rate.

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