Prosecution Insights
Last updated: October 26, 2026
Application No. 18/876,942

OUT-OF-BAND ETHERNET INTERFACE SWITCHING APPARATUS, MULTI-NODE SERVER SYSTEM AND SERVER DEVICE

Non-Final OA §103
Filed
Dec 19, 2024
Priority
Mar 09, 2023 — CN 202310219482.9 +1 more
Examiner
FANG, PAKEE
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Suzhou Metabrain Intelligent Technology Co., Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
369 granted / 544 resolved
+9.8% vs TC avg
Strong +37% interview lift
Without
With
+36.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
39 currently pending
Career history
591
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
62.3%
+22.3% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 544 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The amendment filed on 12/19/2024 has been entered and considered by Examiner. Claims 1-19, 22 are presented for examination. Specification The title of the invention is objected for not being descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Information Disclosure Statement The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Claim Objections Claims 16 and 22 are objected to because of the following informalities: It’s not sure whether claim 16 is an independent claim. If claim 16 is intended to be an independent claim, please write out every limitation of claim 1 in claim 16. It’s not sure whether claim 22 is an independent claim. If claim 22 is intended to be an independent claim, please write out every limitation of claim 16 in claim 22. Appropriate correction is required. 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 of this title, 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, 2, 9-12, 15-19, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (CN213814661U) in view of Itkin et al. (US Pub. 20150215343 A1). For applicant’s convenience, an English translation of CN213814661U is currently being cited by the current office action. For claim 1, Han discloses an out-of-band Ethernet interface switching apparatus applied to a multi-node server system, wherein the multi-node server system comprises at least two computing nodes (Figs. 5–8. Routing board 201 serves four computing units 202. Each unit has its own CPU and BMC) [¶0042], and each of the at least two computing nodes comprises a central processing unit (CPU) subsystem and a baseboard manager controller (BMC) subsystem (Figs. 5–8. Routing board 201 serves four computing units 202. Each unit has its own CPU and BMC) [¶0035, 0042]; the out-of-band Ethernet interface switching apparatus comprises a first switching controller, and the first switching controller has a first switch interface and at least two communication interfaces (Fig. 8. Switch chip 2014 on board 201 is the first controller. Port 2011 is the uplink; multiple ports 2013 serve individual node-management connections.) [¶0035]; the first switch interface is configured to be connected to an out-of-band management switch (Figs. 7–8. The first board’s first management port 2011 connects to upstream switch 1) [¶0033], and the at least two communication interfaces are configured to be connected to BMC subsystems, wherein each of the at least two communication interfaces is connected to one of the BMC subsystems (Figs. 6–8. Distinct ports on board 201 connect to the respective computing-unit BMC management ports.) [¶0032, 0042]; and a first out-of-band channel is formed from each of the BMC subsystems to the out-of-band Ethernet interface switching apparatus and the out-of-band management switch for a remote user to access out-of-band information of the each of the BMC subsystems (Figs. 6–8. The management path runs from each node’s independent BMC port through routing board 201 and then upstream switch 1.) [¶0046, 0039]. But Han doesn’t explicitly teach for a remote user to access out-of-band information of the each of the BMC subsystems. However, Itkin discloses for a remote user to access out-of-band information of the each of the BMC subsystems (Fig. 1. Provides the expressly human-initiated remote access and returned monitoring information. The remote-access functionality transplanted into the management path, not a second source for that path in this row.) [¶0036, 0039]. Since, all are analogous arts addressing data transmission used in a data network; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Han with Itkin to ensure remote data can be properly transmitted and utilized by the targeted user, thus, improving data sharing and communication. For claim 16, Han discloses a multi-node server system, comprising the at least two computing nodes and the out-of-band Ethernet interface switching apparatus according to claim 1 (Figs. 5–8. Server chassis contains four nodes and routing board 201. All of claim 1 is incorporated) [¶0031-32]; each of the at least two computing nodes comprises the CPU subsystem and the BMC subsystem (Figs. 5–6. Each independent computing unit includes CPU and BMC subsystems.) [¶0042], and each of the BMC subsystems is connected to one of the at least two communication interfaces of the out-of-band Ethernet interface switching apparatus (Figs. 6–8. Per-node BMC management connections terminate at the board’s individual switch ports.) [¶0032, 0042]. But Han doesn’t explicitly teach the CPU subsystem is configured to process in-band information, and the BMC subsystem is configured to process out-of-band information. However, Itkin discloses the CPU subsystem is configured to process in-band information, and the BMC subsystem is configured to process out-of-band information (Figs. 1–2. Data packets are delivered to the host CPU and management packets to the BMC. This provides the recited in-band/out-of-band processing roles.) [¶0058]; Since, all are analogous arts addressing data transmission used in a data network; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Han with Itkin to ensure remote data can be properly transmitted and utilized by the targeted user, thus, improving data sharing and communication. For claim 22, Han discloses a server device, comprising the multi-node server system according to claims 16 (Figs. 5–6. The standard server chassis containing multiple computing units is the server device. Claim 16 including its claim 1 dependency, is incorporated.) [¶0042]. For claim 2, Han discloses the at least two communication interfaces comprise at least one first communication interface (Figs. 6–8. At least one of the existing node-management ports is designated the first communication interface.) [¶0039]; and one of the at least one first communication interface is configured to be connected to one of the BMC subsystems, and performs information transmission between the first switching controller and the BMC subsystem with a first mode signal (Figs. 6–8. The node port carries Ethernet management traffic between switch chip 2014 and the BMC. For claims 2–5 the first mode is the copper Ethernet/MDI signal) [¶0039, 0046]. For claim 9, Han discloses the out-of-band Ethernet interface switching apparatus further comprises a second type connector (Fig. 8. RJ45 port 2011 supplies the second type connector on the uplink.) [¶0038]; the first switch interface is connected to the out-of-band management switch via the second type connector (Figs. 7–8. The network cable from RJ45 port 01 connects to upstream switch 1.) [¶0039]. For claim 10, Han discloses the first switch interface is a media dependent interface (MDI), and the second type connector is an RJ45 connector (Fig. 8. The selected disjunct is the copper Ethernet/MDI interface with RJ45. “MDI” identifies the medium-facing PHY interface shown through the transformer) [¶0038-0039]; or, the first switch interface is a square connector (SC) interface, and the second type connector is an SC type optical fiber connector (Fig. 8. UNRELIED ALTERNATIVE: this assigned reference discloses RJ45, not SC fiber. The exact optical branch is preserved but is not asserted disclosed.) [¶0038]. For claim 11, Han discloses an isolation transformer is connected in series to the first switch interface (Fig. 8. Network transformer 2015 is in the signal path between switch chip 2014 and first management port 2011.) [¶0035], and the isolation transformer is configured to protect the first switching controller (Fig. 8. Protection is inferred from the disclosed network transformer’s electrical isolation of the chip from the cable-side circuit) [¶0035]. For claim 12, Han discloses the first switching controller further has a third communication interface, and the third communication interface is configured to be connected to a smart network card (Figs. 6–8. Additional switch-chip ports connect to the smart-card management ports. The smart card is expressly described as a CPU/memory/BMC/FPGA PCIe card.) [¶0032]. For claim 15, Han discloses the out-of-band Ethernet interface switching apparatus further comprises a clock module(Fig. 8. Crystal 2017 and the switch clock input provide the apparatus clock module.) [¶0037]; the clock module is configured to generate a clock signal to synchronize a task action of the out-of-band Ethernet interface switching apparatus (Fig. 8. A 25 MHz crystal drives the switch clock input. Synchronizing switch operations is the technical function of the disclosed clock connection; no inter-node synchronization protocol is imported.) [¶0037]. For claim 17, Han as modified by Itkin, Itkin further discloses the multi-node server system further comprises a smart network card and an in-band management switch (Figs. 1–2. NIC 40 performs hardware filtering/separation and can use FPGA circuitry; network switch 36 handles the host-data network. Under the stated functional construction this is a smart NIC, not merely a passive connector.) [¶0055, 0058]; the smart network card is connected to the CPU subsystem, the smart network card has a second switch interface, and the second switch interface is connected to the in-band management switch (Figs. 1–2. CPU 52 attaches by PCIe; NIC ports 44 attach to network switches 36. The second switch interface is one such NIC external port.) [¶0057, 0038]; and an in-band channel is formed from the CPU subsystem to the smart network card and the in-band management switch for a remote user to access the in-band information. See motivation to combine the references from the above (Fig. 1. The depicted host-data route runs CPU/host to NIC 40 to switch 36 to network 32 and remote nodes. It supports remote access to host data.) [¶0047, 0073]. See motivation to combine the references from the above. For claim 18, Han as modified by Itkin, Itkin further discloses the smart network card has a network controller sideband interface (NCSI), and the smart network card is connected to the out-of-band Ethernet interface switching apparatus via the NCSI (Fig. 4. RBT sideband connects RMII distribution switch 88 to NIC 40; NC-SI over RBT is expressly listed. The apparatus to provide this sideband port while retaining its dedicated management uplink.) [¶0044]; and a second out-of-band channel is formed from each of the BMC subsystems to the out-of-band Ethernet interface switching apparatus, the smart network card and the in-band management switch for a remote user to access the out-of-band information (Figs. 1, 4. The second route is BMC 48 to distribution switch 88 to NIC 40 to network switch 36 to remote control server. The combination retains the first route already required by claim 1) [¶0067, 0037-0038]. See motivation to combine the references from the above. For claim 19, Han discloses the multi-node server system further comprises input output (IO) units, and each of the IO units is connected to one of the at least two computing nodes (Figs. 5–6. Each node has a PCIe interface and its own installed smart-network-card PCIe I/O device. “IO units” does not recite a separate storage-only function or prohibit a network I/O unit.) [¶0034, 0043]. Claim(s) 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (CN213814661U) in view of Itkin et al. (US Pub. 20150215343 A1) in further view of Zheng et al. (CN111030851A). For applicant’s convenience, an English translation of CN11103085A is currently being cited by the current office action. For claim 3, Han, as modified by Itkin, discloses all limitations this claim depended on. But Han, as modified by Itkin, doesn’t explicitly disclose the following limitation taught by Zheng. Zheng discloses the out-of-band Ethernet interface switching apparatus further comprises a second switching controller, the at least two communication interfaces further comprise at least one second communication interface (Fig. 2. expose a serial switch port and add its associated external PHY as the second switching controller. Driver modules 21–23 are separate from switching module 4; the proposed design retains at least one existing first-mode node port.) [¶0032-0033]; one of the at least one second communication interface is configured to be connected to one of the BMC subsystems via the second switching controller, and performs information transmission between the first switching controller and the second switching controller with a second mode signal (Fig. 2. Teaches the switch-port to PHY to managed-device relationship and serial signaling on the switch side. Applying this to a node BMC is the modification stated) [¶0032-0033]; and the second switching controller is configured to convert the second mode signal sent by the one of the at least one second communication interface into the first mode signal and send the first mode signal to the BMC subsystem (Fig. 2. Second-mode SGMII on a selected switch port is translated by its PHY to the first-mode MDI node connection. Reverse-direction conversion is an engineering inference from the described PHY communication and external access; see the evidentiary qualification.) [¶0032-0033], and convert the first mode signal sent by the BMC subsystem into the second mode signal and send the second mode signal to the one of the at least one second communication interface (Fig. 2. The express MDI-to-SGMII direction supplies the outgoing node-to-switch conversion. The selected node interface remains a BMC management interface under the modification.) [¶0032-0033]. Since, all are analogous arts addressing data transmission used in a data network; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Han with Itkin with Zheng to ensure various communication interface can be properly utilized by the network, thus, improving communication efficiency. For claim 4, Han as modified by Itkin and Zheng, Zheng further discloses a quantity of the second switching controller is equal to a quantity of the at least one second communication interface, one of the at least one second communication interface is connected to one second switching controller, and one second switching controller is connected to one of the BMC subsystems (Fig. 2. Each selected serial port receives one dedicated PHY, and that PHY serves one selected node. The drawing shows separate drivers for separate ports; repeating this single-port arrangement establishes equal counts without sharing one PHY among BMCs.) [¶0032]. See motivation to combine the references from the above. For claim 5, Han, as modified by Itkin, discloses the out-of-band Ethernet interface switching apparatus further comprises first type connectors (Figs. 6–8. The existing node-management connectors are the first type connectors.) [¶0041]; the at least one first communication interface and the second switching controller are connected to the BMC subsystems via the first type connectors, respectively (Figs. 6–8. Retain the disclosed connector termination on both the unchanged direct path and the PHY-adapted path.) [¶0041, 0038]. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (CN213814661U) in view of Itkin et al. (US Pub. 20150215343 A1) in further view of Lin et al. (US Pub. 20170244640 A1). For claim 13, Han, as modified by Itkin, discloses all limitations this claim depended on. But Han, as modified by Itkin, doesn’t explicitly disclose the following limitation taught by Lin. Lin discloses there is a media access control (MAC) address list in the first switching controller and the out-of-band information has a destination address (Fig. 2. ASIC-maintained MAC tables and addressed Ethernet messages supply the list and destination-address features. Forwarding implementation to the first controller.) [¶0024]; and the first switching controller is configured to match the destination address of the out-of-band information with the MAC address list to determine a target MAC address corresponding to the destination address, and then to send the out-of-band information to an interface corresponding to the target MAC address (Fig. 2. MAC-table-directed BMC forwarding supplies destination lookup followed by egress selection under a construction allowing the destination address itself to be a MAC address. This is an inference from the stated table-based forwarding operation) [¶0024, 0031]. Since, all are analogous arts addressing data transmission used in a data network; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Han with Itkin with Lin to ensure various communication protocol can be properly utilized by the network, thus, improving communication routing. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (CN213814661U) in view of Itkin et al. (US Pub. 20150215343 A1) in further view of Lo (US Pub. 20100007220 A1). For claim 14, Han, as modified by Itkin, discloses all limitations this claim depended on. But Han, as modified by Itkin, doesn’t explicitly disclose the following limitation taught by Lo. Lo discloses the out-of-band Ethernet interface switching apparatus further comprises a voltage regulating module (Fig. 1. Step-down regulator 60 powers Ethernet switch controller 62) [¶0020]; the voltage regulating module is configured to regulate an operating voltage of the out-of-band Ethernet interface switching apparatus to maintain voltage stability of the out-of-band Ethernet interface switching apparatus (Fig. 1. Regulator 60 provides the controller’s low-voltage operating supply. Maintaining supply stability is the normal technical function inferred from the disclosed regulator.) [¶0021]. Since, all are analogous arts addressing data transmission used in a data network; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Han with Itkin with Lo to ensure proper voltage is applied in a communication device, thus, improving energy efficiency. Allowable Subject Matter Claims 6-8 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20210297304-A1 US-20160308607-A1 US-20080186992-A1 US-20040246953-A1 Inquiries Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PAKEE FANG whose telephone number is (571)270-3633. The Examiner can normally be reached on Mon-Fri 9:00AM-5:00PM. 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, Armouche, Hadi can be reached on 571-270-3618. 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. /PAKEE FANG/ Primary Examiner, Art Unit 2409
Read full office action

Prosecution Timeline

Dec 19, 2024
Application Filed
Sep 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+36.8%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 544 resolved cases by this examiner. Grant probability derived from career allowance rate.

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