Prosecution Insights
Last updated: October 01, 2026
Application No. 18/925,824

Deterministic Networks

Non-Final OA §102§103
Filed
Oct 24, 2024
Priority
Apr 27, 2022 — provisional 63/335,531 +2 more
Examiner
VU, QUOC THAI NGOC
Art Unit
Tech Center
Assignee
Ofinno LLC
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
430 granted / 615 resolved
+9.9% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
641
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 resolved cases

Office Action

§102 §103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on December 06, 2024 has been considered by the Examiner and made of record in the application file. Claim Rejections - 35 USC § 102 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. Claims 1, 4-5, 7-9, 12-13, 15-16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. (US 2021/0168658, “Yu”). Regarding claim 1, Yu teaches a method comprising: sending, by a session management function (SMF) (FIG 3, SMF) of a deterministic network (DetNet) node (FIG. 3 TSN, [0336] “the UE may receive a URLLC flow sent by the flow service provider in the TSN, or the UE may send a URLLC flow to the flow service recipient in the TSN” [0337] “The flow in this embodiment of this application may be a quality of service (QoS) flow. The QoS flow may be a QoS flow with a deterministic transmission requirement”. Note: Since TSN is a time sensitive network and the flow has “deterministic transmission requirements” therefore the network teaches the claimed “deterministic network”) to a policy and charging control function (PCF) (FIG. 3, PCF), a request message comprising one or more parameters, the one or more parameters comprising interface information indicating a status associated with an interface of the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”); and receiving, by the SMF from the PCF, policy information for a protocol data unit (PDU) session associated with the DetNet node ([0375] “the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). Regarding claim 4, Yu teaches claim 1 and further teaches wherein the one or more parameters comprise at least one of: an identifier of a DetNet flow of the DetNet node; a DetNet resource information container; a number of buffers for the DetNet; a DetNet assistance information; a DetNet flow requirement information element (IE); or a DetNet service parameter IE ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”). Regarding claim 5, Yu teaches claim 1 and further teaches sending, by the SMF to a user plane function (UPF) of the DetNet node, a second message indicating that the UPF operates as a network side of the DetNet node ([0098] “receiving, by the UPF network element, bandwidth requirement information of the flow from the SMF network element; and reserving, by the UPF network element, a bandwidth resource for the flow based on the bandwidth requirement information of the flow.” [0099] “the UPF network element may reserve the bandwidth resource for the flow based on the bandwidth requirement information indicated by the SMF network element, so that when the flow is transmitted to the UPF network element, the UPF network element has a corresponding bandwidth resource to transmit the flow, thereby improving transmission reliability of the flow”). Regarding claim 7, Yu teaches claim 1 and further teaches determining by the SMF that a policy and charging control PCC authorization for a DetNet flow is required ([0375] “the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). Regarding claim 8, Yu teaches a method comprising: receiving, by a policy and charging control function (PCF) (FIG. 3, PCF) from a session management function (SMF) (FIG 3, SMF) of a deterministic network (DetNet) node (FIG. 3 TSN, [0336] “the UE may receive a URLLC flow sent by the flow service provider in the TSN, or the UE may send a URLLC flow to the flow service recipient in the TSN” [0337] “The flow in this embodiment of this application may be a quality of service (QoS) flow. The QoS flow may be a QoS flow with a deterministic transmission requirement”. Note: Since TSN is a time sensitive network and the flow has “deterministic transmission requirements” therefore the network teaches the claimed “deterministic network”), a request message comprising one or more parameters, the one or more parameters comprising interface information indicating a status associated with an interface of the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”) and sending, by the PCF to the SMF and in response to receiving the request message, policy information for a protocol data unit (PDU) session associated with the DetNet node ([0375] “the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). Regarding claim 9, Yu teaches claim 1 and further teaches wherein the one or more parameters comprise a parameter identifying the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: … a source address and a destination address of the flow”). Regarding claim 12, Yu teaches claim 8 and further teaches wherein the one or more parameters comprise at least one of: an identifier of a DetNet flow of the DetNet node; a DetNet resource information container; a number of buffers for the DetNet; a DetNet assistance information; a DetNet flow requirement information element (IE); or a DetNet service parameter IE ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”). Regarding claim 13, Yu teaches claim 8 and further teaches wherein the PCF receives the one of more DetNet parameters from the SMF in a policy association establishment request message ([0375] “the SMF network element sends information about the flow to the PCF network element…. the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). Regarding claim 15, Yu teaches a policy and charging control function (PCF) (FIG. 3, PCF) comprising one or more processors and memory storing instructions that, when executed by the one or more processors ([1311]), cause the PCF to: receive, from a session management function (SMF) of a deterministic network (DetNet) node, a request message comprising one or more parameters, the one or more parameters comprising interface information indicating a status associated with an interface of the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”); and send, to the SMF and in response to receiving the request message, policy information for a protocol data unit (PDU) session associated with the DetNet node ([0375] “the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). Regarding claim 16, Yu teaches claim 15 and further teaches wherein the one or more parameters comprise a parameter identifying the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: … a source address and a destination address of the flow”). Regarding claim 18, Yu teaches claim 15 and further teaches wherein the one or more parameters comprise at least one of: an identifier of a DetNet flow of the DetNet node; a DetNet resource information container; a number of buffers for the DetNet; a DetNet assistance information; a DetNet flow requirement information element (IE); or a DetNet service parameter IE ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: an identifier ID of the flow, a source address and a destination address of the flow, a size of a maximum frame used for transmitting the flow, an interval between frames used for transmitting the flow, a priority of the flow, a maximum allowable latency of transmitting a single frame of the flow from a talker to a listener, or a reliability requirement of the flow”). Regarding claim 19, Yu teaches claim 15 and further teaches wherein the PCF receives the one of more DetNet parameters from the SMF in a policy association establishment request message ([0375] “the SMF network element sends information about the flow to the PCF network element…. the PCF network element receives the information about the flow from the SMF network element. The PCF network element determines, based on the information about the flow, the PCC rule corresponding to the flow, and the PCC rule may include a 5QI corresponding to the flow. The SMF network element receives, from the PCF network element, the PCC rule corresponding to the flow”). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2-3, 10-11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Li et al. (US 2019/0158408, “Li”). Regarding claim 2, Yu teaches claim 1 but fails to teach receiving, by the SMF from a user plane function (UPF) of the DetNet node, a parameter identifying the DetNet node. However, Li teaches receiving, by the SMF from a user plane function (UPF) of the DetNet node, a parameter identifying the DetNet node ([0134] “At this point, the UPF may inform the SMF about the information of the P2P traffic, e.g. information regarding the source address and destination address associated with the P2P traffic, a reference number such as application identifier that maps to the P2P traffic detection rule or configuration”, Note: Yu teaches communication flow between UE and service provider or service recipient in the TSN [0336] “the UE may receive a URLLC flow sent by the flow service provider in the TSN, or the UE may send a URLLC flow to the flow service recipient in the TSN” ). It would have been obvious before the filing date of the claimed invention to a person having ordinary skill in the art to include the feature receiving, by the SMF from a user plane function (UPF) of the DetNet node, a parameter identifying the DetNet node, as taught by Li in Yu to for communication path optimization. Regarding claim 3, Yu in view of Li teaches claim 2 and Yu further teaches wherein the one or more parameters comprise the parameter identifying the DetNet node ([0375] “the SMF network element sends information about the flow to the PCF network element.” [0377] “The information that is about the flow and that is sent by the SMF network element to the PCF network element may include at least one or more of the following: … a source address and a destination address of the flow”). Regarding claim 10, Yu teaches claim 9 but fails to teach the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node. However, Li teaches the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node ([0134] “At this point, the UPF may inform the SMF about the information of the P2P traffic, e.g. information regarding the source address and destination address associated with the P2P traffic, a reference number such as application identifier that maps to the P2P traffic detection rule or configuration”, Note: Yu teaches communication flow between UE and service provider or service recipient in the TSN [0336] “the UE may receive a URLLC flow sent by the flow service provider in the TSN, or the UE may send a URLLC flow to the flow service recipient in the TSN” ). It would have been obvious before the filing date of the claimed invention to a person having ordinary skill in the art to include the feature the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node, as taught by Li in Yu to for communication path optimization. Regarding claim 11, Yu in view of Li teaches claim 10 and Yu further teaches wherein the SMF sends, to a user plane function (UPF) of the DetNet node, a second message indicating that the UPF operates as a network side of the DetNet node ([0098] “receiving, by the UPF network element, bandwidth requirement information of the flow from the SMF network element; and reserving, by the UPF network element, a bandwidth resource for the flow based on the bandwidth requirement information of the flow.” [0099] “the UPF network element may reserve the bandwidth resource for the flow based on the bandwidth requirement information indicated by the SMF network element, so that when the flow is transmitted to the UPF network element, the UPF network element has a corresponding bandwidth resource to transmit the flow, thereby improving transmission reliability of the flow”). Regarding claim 17, Yu teaches claim 16 but fails to teach wherein the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node. However, Li teaches the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node ([0134] “At this point, the UPF may inform the SMF about the information of the P2P traffic, e.g. information regarding the source address and destination address associated with the P2P traffic, a reference number such as application identifier that maps to the P2P traffic detection rule or configuration”, Note: Yu teaches communication flow between UE and service provider or service recipient in the TSN [0336] “the UE may receive a URLLC flow sent by the flow service provider in the TSN, or the UE may send a URLLC flow to the flow service recipient in the TSN” ). It would have been obvious before the filing date of the claimed invention to a person having ordinary skill in the art to include the feature the parameter identifying the DetNet node is received by the SMF from a user plane function (UPF) of the DetNet node, as taught by Li in Yu to for communication path optimization. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yu. Regarding claim 6, Yu teaches claim 5 but does not teach receiving, by the SMF from the UPF, a confirmation message indicating that user plane resources of the UPF are configured for the DetNet flow. However Yu teaches [0098] “receiving, by the UPF network element, bandwidth requirement information of the flow from the SMF network element; and reserving, by the UPF network element, a bandwidth resource for the flow based on the bandwidth requirement information of the flow” and [0099] “the UPF network element may reserve the bandwidth resource for the flow based on the bandwidth requirement information indicated by the SMF network element, so that when the flow is transmitted to the UPF network element, the UPF network element has a corresponding bandwidth resource to transmit the flow, thereby improving transmission reliability of the flow” The Examiner submits returning a confirming message upon receiving a message is common practice in communications. The Examiner takes official notice the claimed feature receiving, by the SMF from the UPF, a confirmation message indicating that user plane resources of the UPF are configured for the DetNet flow is well known in the art. It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature receiving, by the SMF from the UPF, a confirmation message indicating that user plane resources of the UPF are configured for the DetNet flow, in Yu to prevent communication confusion. Claims 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Li et al. (US 2021/0274375, “Li #2”). Regarding claim 14, Yu teaches claim 8 but fails to teach wherein the policy information comprises updated policy information. Li #2 teaches wherein the policy information comprises updated policy information ([0189] “The PCF first determines the UE corresponding to the TSN traffic, then determines the QoS flow corresponding to the TSN traffic, creates or updates the QoS policy of the QoS flow corresponding to the TSN traffic, and sends the created or updated QoS policy of the QoS flow corresponding to the TSN traffic to the SMF”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the policy information comprises updated policy information, as taught by Li #2 in Yu to prevent outdated network configuration being used. Regarding claim 20, Yu teaches claim 15 but fails to teach wherein the policy information comprises updated policy information. Li #2 teaches wherein the policy information comprises updated policy information ([0189] “The PCF first determines the UE corresponding to the TSN traffic, then determines the QoS flow corresponding to the TSN traffic, creates or updates the QoS policy of the QoS flow corresponding to the TSN traffic, and sends the created or updated QoS policy of the QoS flow corresponding to the TSN traffic to the SMF”). It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein the policy information comprises updated policy information, as taught by Li #2 in Yu to prevent outdated network configuration being used. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yu et al. (US 2024/0267793) teaches determination of PCC rule of a flow in a TSN. Miklos et al. (US 2024/0235996) teaches method for enabling IP based deterministic networking. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC THAI NGOC VU whose telephone number is (571)270-5901. The examiner can normally be reached M-F, 9:30AM-6:00PM. 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, Rafael Perez-Gutierrez can be reached at 571-272-7915. 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. /QUOC THAI N VU/Primary Examiner, Art Unit 2642
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Prosecution Timeline

Oct 24, 2024
Application Filed
Aug 19, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+28.8%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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