Prosecution Insights
Last updated: April 19, 2026
Application No. 18/845,783

METHOD AND APPARATUS FOR AVOIDING PACKET MIS-ORDERING WHEN USING VIRTUAL CHANNEL FIFOS IN A DIRECT INTERCONNECT COMPUTER NETWORK

Non-Final OA §101
Filed
Sep 10, 2024
Examiner
NAOREEN, NAZIA
Art Unit
2458
Tech Center
2400 — Computer Networks
Assignee
Rockport Networks Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
81%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
245 granted / 351 resolved
+11.8% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
22 currently pending
Career history
373
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
31.1%
-8.9% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 351 resolved cases

Office Action

§101
DETAILED ACTION Status of Claims: Claims 1 – 5 are pending. 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 § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. As per claims 1 – 4, the language is drawn to a computer program which is neither executed by a computer, nor stored on a physical structure. Claim 1 is directed to a node which contains no physical structure such as an apparatus or any hardware implementations. The specification does not mention any hardware implementations for the claimed elements. Since none of the claimed elements of the claim are necessarily hardware elements rather than the software embodiments, at least one embodiment of the claimed invention includes the apparatus existing as software per se. Software per se is not included in any of the four statutory classes. See MPEP §2106 (citing Gottschalk V. Benson, 409 US 63, 72 (1972)). As result, claim 1 is directed towards non-statutory patent matter. Claims 2 – 4 are rejected under the same rationale as claim 1. Allowable Subject Matter Claims 1 – 4 would be allowable if rewritten to overcome the 101 rejection. Claim 5 is allowed. Reasons for allowance The following is an examiner’s statement of reasons for allowance: In interpreting the claims, in light of the specification and the claims filed on September 10, 2024, the Examiner finds the claimed invention to be patentably distinct from the available prior art(s). With regards to the independent claims, the available prior art(s) does/do not teach, singly or in combination, “when said head flit is at the front of the VC FIFO buffer, requesting from a virtual channel allocation (VA) function an exit port from which the packet flits will exit the source node, based on path information contained in the head flit, and further including a next hop exit port from which the packet flits will exit a next node in the path from the source node to the destination node, assigning a VC FIFO buffer for an input port in the next node in the path from the source node to the destination node via a next-hop VC allocation table (NVT), wherein said NVT encodes an available VC FIFO buffer to use in the next node for all packets identified as part of the flow of packets.” The closest available prior art to the subject matter, Maxon et al. (US 12332309), teaches sending packet flits through a FIFO virtual channel buffer using a routing table. The prior art however fails to teach when said head flit is at the front of the VC FIFO buffer, requesting from a virtual channel allocation (VA) function an exit port from which the packet flits will exit the source node, based on path information contained in the head flit, and further including a next hop exit port from which the packet flits will exit a next node in the path from the source node to the destination node, assigning a VC FIFO buffer for an input port in the next node in the path from the source node to the destination node via a next-hop VC allocation table (NVT), wherein said NVT encodes an available VC FIFO buffer to use in the next node for all packets identified as part of the flow of packets. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAZIA NAOREEN whose telephone number is (571)270-7282. The examiner can normally be reached M-F: 9:00 - 6:00. 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, Umar Cheema can be reached at 571-270-3037. 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. /NAZIA NAOREEN/Primary Examiner, Art Unit 2458
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Prosecution Timeline

Sep 10, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §101 (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
70%
Grant Probability
81%
With Interview (+11.0%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 351 resolved cases by this examiner. Grant probability derived from career allow rate.

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