Prosecution Insights
Last updated: April 19, 2026
Application No. 18/837,920

SYSTEM, METHOD AND PROGRAM FOR COLLECTING DATA

Non-Final OA §103§112
Filed
Aug 13, 2024
Examiner
GEBRE, MESSERET F
Art Unit
2445
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
75%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
154 granted / 278 resolved
-2.6% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
34 currently pending
Career history
312
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 278 resolved cases

Office Action

§103 §112
DETAILED ACTION 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 . General Remarks 1/ claims 1-6, and 9 are pending 2/ claims 1, 6, and 9 are independent 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 1-6,and 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1, 6 and 9 recite the limitation: 1/ “…adjust a section length of the communication path from each of the plurality of data sources to the server…” However, is not clear as to what section length in “section length of the communication path” refers to either in the claims or the disclosure. It is not clear if section length refers to physical time, TTL, hop count or any distance parameter from the disclosure or the claims. Examiner suggests indicating what section length refers to. 2/ It is not clear how the section length is adjusted in “…adjust a section length of the communication path”. 3/ The claims recite “adjust a section length of the communication path from each of the plurality of data sources to the server so as to shorten a time for generating the communication path” However, It is not clear how adjusting section length shorten a time for generating communication path or what measures are taken to make it adjusted and it is not clear it is adjusted towards to. Claim 5 recites “adjusting the section length of the communication path in the section”. However, it is not clear how the section length is adjusted such as what measures are taken to make it adjusted and It is not clear it is adjusted towards to. 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. Claim(s) 1, 3, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryohei (WO2023012878A1), further in view of Yoshiteru (JPH07312768A). Regarding claim 1. Ryohei discloses a system for collecting data from a plurality of data sources to a server (fig. 1 discloses a system to collect data from plurality of data sources 10 to server 40), the system comprising: a memory; and at least one computer including a path management controller (fig. 1 discloses path management controller 30 that comprises a memory and processor) configured to: manage a communication path between the plurality of data sources and the server (page 4, lines 15-23 the path management controller 30. As shown in FIG. The path management controller 30 has a path setting request reception function 31 , a path setting function 32 and a path setting location table 33. The path setup request reception function 31 receives a communication path creation request or release request from each data source 10 . The path setting function 32 creates or releases a communication path according to a communication path creation request or release request from each data source 10 . The path setting location table 33 manages communication path setting information (creation/release) from each data source 10 to the server 40), But, Ryohei does not explicitly disclose: wherein: a component is configured to adjust a section length of the communication path from each of the plurality of data sources to the server so as to shorten a time for generating the communication path for transmitting the data from the plurality of data sources to the server. However, in the same field of endeavor Yoshiteru discloses wherein: a component is configured to adjust a section length of the communication path from each of the plurality of data sources to the server so as to shorten a time for generating the communication path for transmitting the data from the plurality of data sources to the server (page 6-7 discloses since the frequency of use of each communication path is stored and the communication path search order is changed based on the frequency of use, communication with high frequency of use is performed…by shortening (adjusting) the route length (section length) and the search time, the communication path setting time (time for generating the communication path) is shortened. The limitation “…so as to shorten a time for generating the communication path” Is an intended use limitation). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of eth invention was effectively filed to combine the teaching of Ryohei with Yoshiteru. The modification would allow adaptive segment length to enable path computation faster and establish path to data communication faster by reducing computation and path setting time by reducing unwanted segments from the communication path. Regarding claim 3. The system according to claim 1 wherein: Ryohei discloses in a case where there is a network device in which data from two or more data sources among the plurality of data sources join (Fig. 2 discloses data from data source 10A and data source 10B towards server 40 join at device 81A and 81A sends the data from both sources using distinct segments towards the server 40), the path management controller is configured to divide a section length by the network device (page 2 lines 22-39 discloses the data source 10A and server 40 are connected by network devices 81A and 81B, the data source 10B and server 40 are connected by network devices 81A and 81C, and the data source 10C and server 40 are connected by network devices 81D and 81E. When each of the network devices 81A-81E receives data addressed to the server 40 from the data sources 10A-10C, it knows to which network device it should be transferred. Therefore, even if the data sources 10A to 10C do not know which network device 81 to use, if they specify the server 40 and send data, the data will be sent to the server… the path management controller 30 to generate a communication path, and after establishing the communication path, the data source 10 transmits sensing data to the server 40). Regarding claim 6. The combination discloses a method executed by a system for collecting data from a plurality of data sources to a server, wherein the system includes at least one computer, the method comprising: All other limitations of claim 6 are similar with eth limitations of claim 1 rejected above. Regarding claim 9. A non-transitory computer readable medium storing a program for implementing a computer as a path management controller, wherein execution of instructions of the program cause the computer to perform operations comprising: All other limitations of claim 9 are similar with the limitations of claim 1 rejected above. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ryohei (WO2023012878A1), and Yoshiteru (JPH07312768A), further in view of Xiong (US pg. no. 20240314065). Regarding claim 4. The combination discloses system according to claim 1. But, the combination does not explicitly disclose: wherein the path management controller is configured to perform operations comprising: Generating in advance a communication path for transferring data from two or more data sources among the plurality of data sources, and allocating the communication path to a data source when the data source using the communication path appears. However, in the same field of endeavor, Xiong discloses wherein the path management controller is configured to perform operations comprising: Generating in advance a communication path for transferring data from two or more data sources among the plurality of data sources ([0035] discloses a controller sends an SR Policy carrying deterministic path information to an edge node of a network, wherein the SR Policy is used for instructing the edge node of the network to forward a deterministic flow according to the deterministic path information), and allocating the communication path to a data source when the data source using the communication path appears ([0038] That is to say, in order to satisfy the requirements of path determination and resource reservation in the deterministic network, the embodiments of the present disclosure propose a method for distributing the deterministic path of the SR Policy by extending the BGP/PCEP protocol. In some exemplary implementations, a controller distributes an SR Policy carrying deterministic path information to an edge node of a DetNet via a BGP/PCEP protocol, thereby providing functions of resource reservation and path determination for a DetNet flow, so that the edge node of the DetNet, after receiving a packet, forwards the deterministic flow according to the deterministic path distributed by the SR Policy). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention was effectively filed to combine the teaching of the combination with Xiong. The modification would allow establishing deterministic path to enable fast forwarding of flow using already established path. The modification would allow guaranteed resource reservation based on known characteristics of deterministic path. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESSERET F. GEBRE whose telephone number is (571)272-8272. The examiner can normally be reached 9:00 am-5:30PM. 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 5712701684. 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. /MESSERET F GEBRE/Primary Examiner, Art Unit 2445
Read full office action

Prosecution Timeline

Aug 13, 2024
Application Filed
Jan 21, 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
55%
Grant Probability
75%
With Interview (+19.8%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 278 resolved cases by this examiner. Grant probability derived from career allow rate.

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