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 .
Response to Amendment
Applicant's submission filed on 5/5/2026 has been entered. Claim(s) 1-20 is/are pending in the application.
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 1-20 are 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.
Regarding claim 1, the limitation wherein the processor is configured to send a signal to the scheduler in response to generating the third cell, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata is unclear because it is not known how the determination of the first size of the first metadata is completed with regards to the throttling. The limitation seems to be hanging and not connected to the other claim limitations.
Regarding claim 10, the limitation wherein the processor is configured to send a signal to the scheduler in response to moving from the first cell, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata is unclear because it is not known how the determination of the first size of the first metadata is completed with regards to the throttling. The limitation seems to be hanging and not connected to the other claim limitations.
Regarding claim 17, the limitation wherein the processor is configured to send a signal to the scheduler in response to moving the first packet, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata is unclear because it is not known how the determination of the first size of the first metadata is completed with regards to the throttling. The limitation seems to be hanging and not connected to the other claim limitations.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mudra (U.S. Patent 10110573) in view of Xu (U.S. Patent App Pub 20250175441).
Regarding claim 1,
Mundra teaches an apparatus comprising: a first port configured to receive a first packet, the first packet comprising a first cell and a second cell; (See figure 9, column 4 line 35 – column 5 line 17, col 23 lines 1-18, Mundra)
the first port comprising an Ethernet port (See column 2 lines 40-43, fig 8. fig 1, col 52 lines 25-43, Mundra)
a processor coupled to the first port, the processor configured to generate a first metadata associated with the first packet and determine a first size of the first metadata, the first metadata comprising a first field indicating the first size of the first metadata; and (See figure 9, col 23 lines 1-45, Mundra)
a scheduler coupled to the processor; (See figure 9, col 23 lines 21-45, col 5 lines 15-35, Mundra)
a buffer coupled to the processor, the buffer configured to store the first packet and the first metadata; (See figure 9, col 23 lines 1-45, Mundra, storing in a buffer)
wherein the processor is configured to move a portion of the first packet from the first cell to the second cell based on a determination that the first size of the first metadata exceeds a first threshold; and (See figures 5, 9, col 23 lines 1-45, Mundra teaches exceeding a first threshold moving a portion of the packet )
wherein the processor is configured to generate a third cell based on a determination that the first size of the first metadata exceeds a second threshold, and the second threshold is greater than or equal to the first threshold. (See figure 7, 9, col 23 lines 1-45, figure 10, Mundra)
Mundra does not explicitly trach but Xu teaches wherein the processor is configured to send a signal to the scheduler in response to generating the third cell, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata. (See paragraphs 56-59, Xu teaches generating a 3rd cell measuring the length and storing and throttling the packets)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of Xu with Mundra because both deal with buffering. The advantage of incorporating the above limitation(s) of Xu into Mundra is that Xu device solves the problems that a cache utilization rate is reduced while the access power consumption of caches is increased due to the fact that a packet needs to be independently processed when a network processor and a traffic manager in a forwarding chip carry out packet forwarding. The device allows the network processor to orderly read the packet to be forwarded according to the forwarding order, thus improving accuracy and efficiency of reading the packets, therefore making the overall system more robust and efficient. (See paragraphs [0004] - [0006], Xu)
Regarding claim 2,
Mundra and Xu teach the apparatus of claim 1, further comprising a controller coupled to the first port, the controller being configured to manage a transmission of the first packet.(See column 23 – 24, Mundra)
Regarding claim 3,
Mundra and Xu teach the apparatus of claim 1, further comprising a second port coupled to the buffer, the second port being configured to transmit the first packet. (See column 23 – 24, Mundra)
Regarding claim 4,
Mundra and Xu teach the apparatus of claim 1, wherein the first metadata comprises a source address or a destination address. (See column 40 lines 1-17, Mundra)
Regarding claim 5,
Mundra and Xu teach the apparatus of claim 1, the first metadata comprises a priority level associated with the first packet.(See col 7 lines 43-55, Mundra teaches QOS)
Regarding claim 6,
Mundra and Xu teach the apparatus of claim 5, wherein the processor is configured to send a first signal to the first port in response to generating the third cell. (See column 33-34, Mundra)
Regarding claim 7,
Mundra and Xu teach the apparatus of claim 1, wherein the first metadata is configured in the first cell. (See column 47-48, Mundra)
Regarding claim 8,
Mundra and Xu teach the apparatus of claim 1, wherein the first metadata is configured in the second cell. (See column 47-48, Mundra)
Regarding claim 9,
Mundra and Xu teach the apparatus of claim 1, wherein the first port is configured to receive a second packet, the processor is configured to generate a second metadata associated with the second packet and determine a second size of the second metadata, the second size is different from the first size. (See column 27-28, Mundra)
Regarding claim 10,
. Mundra teaches an apparatus comprising: a first port configured to receive a first packet, the first packet comprising a first cell and a second cell; (See figure 9, column 4 line 35 – column 5 line 17, col 23 lines 1-18, Mundra)
a processor coupled to the first port, the processor configured to generate a first metadata associated with the first packet and determine a first size of the first metadata, the first metadata comprising a first field indicating the first size of the first metadata;
a scheduler coupled to the processor; (See figure 9, col 23 lines 21-45, col 5 lines 15-35, Mundra)
a buffer coupled to the processor, the buffer configured to store the first packet and the first metadata; and (See figure 9, col 23 lines 1-45, Mundra, storing in a buffer)
a second port coupled to the buffer, the second port being configured to transmit the first packet based on the first metadata; (See figure 9, col 23 lines 1-45, Mundra, storing in a buffer)
wherein the processor is further configured to move a portion of the first packet from the first cell to the second cell based on a determination that the first size of the first metadata exceeds a first threshold. (See figures 5, 9, col 23 lines 1-45, Mundra teaches exceeding a first threshold moving a portion of the packet )
Mundra does not explicitly trach but Xu teaches wherein the processor is configured to send a signal to the scheduler in response to moving from the first cell, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata. (See paragraphs 56-59, Xu teaches moving, generating a 3rd cell measuring the length and storing and throttling the packets)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of Xu with Mundra because both deal with buffering. The advantage of incorporating the above limitation(s) of Xu into Mundra is that Xu device solves the problems that a cache utilization rate is reduced while the access power consumption of caches is increased due to the fact that a packet needs to be independently processed when a network processor and a traffic manager in a forwarding chip carry out packet forwarding. The device allows the network processor to orderly read the packet to be forwarded according to the forwarding order, thus improving accuracy and efficiency of reading the packets, therefore making the overall system more robust and efficient. (See paragraphs [0004] - [0006], Xu)
Regarding claim 11,
Mundra and Xu teach the apparatus of claim 10, further comprising a controller coupled to the first port, the controller being configured to manage a transmission of the first packet. (See column 23 – 24, Mundra)
Regarding claim 12,
Mundra and Xu teach apparatus of claim 10, wherein the first metadata is configured in the second cell. (See column 47-48, Mundra)
Regarding claim 13,
Mundra and Xu teach the apparatus of claim 10, wherein the processor is further configured to generate a third cell based on a determination that the first size of the first metadata exceeds a second threshold, and the second threshold is greater than or equal to the first threshold. (See figure 7, 9, col 23 lines 1-45, figure 10, Mundra)
Regarding claim 14,
Mundra and Xu teach the apparatus of claim 10, wherein the first metadata is configured in the first cell. (See column 47-48, Mundra)
Regarding claim 15,
Mundra and Xu teach the apparatus of claim 10, wherein the first metadata comprises at least one of a source address, a destination address, a priority level, or a traffic type identifier. (See column 40 lines 1-17, Mundra)
Regarding claim 16,
Mundra and Xu teach the apparatus of claim 10, wherein the first port is configured to receive a second packet, the processor is configured to generate a second metadata associated with the second packet and determine a second size of the second metadata, the second size is different from the first size. (See column 27-28, Mundra)
Regarding claim 17,
Mundra teaches an apparatus comprising: a first port configured to receive a first packet and a second packet; a processor coupled to the first port, the processor configured to generate a first metadata associated with the first packet and a second metadata associated with the second packet; and (See figure 9, column 4 line 35 – column 5 line 17, col 23 lines 1-18, Mundra)
a scheduler coupled to the processor; (See figure 9, col 23 lines 21-45, col 5 lines 15-35, Mundra)
a buffer coupled to the processor, the buffer configured to store the first packet and the second packet; wherein the processor is further configured to determine a first size of the first metadata and a second size of the second metadata, the second size is different from the first size; (See figure 9, col 23 lines 1-45, Mundra, storing in a buffer)
wherein the first metadata comprises a first field indicating the first size of the first metadata, and the second metadata comprises a second field indicating the second size of the second metadata; and (See column 27-28, Mundra)
wherein the processor is further configured to move a portion of the first packet based on a determination that the first size of the first metadata exceeds a first threshold. (See figures 5, 9, col 23 lines 1-45, Mundra teaches exceeding a first threshold moving a portion of the packet )
Mundra does not explicitly trach but Xu teaches wherein the processor is configured to send a signal to the scheduler in response to moving the first packet, and the scheduler is configured to throttle sending the first cell based on the determination of the first size of the first metadata. (See paragraphs 56-59, Xu teaches generating a 3rd cell measuring the length and storing and throttling the packets)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of Xu with Mundra because both deal with buffering. The advantage of incorporating the above limitation(s) of Xu into Mundra is that Xu device solves the problems that a cache utilization rate is reduced while the access power consumption of caches is increased due to the fact that a packet needs to be independently processed when a network processor and a traffic manager in a forwarding chip carry out packet forwarding. The device allows the network processor to orderly read the packet to be forwarded according to the forwarding order, thus improving accuracy and efficiency of reading the packets, therefore making the overall system more robust and efficient. (See paragraphs [0004] - [0006], Xu)
Regarding claim 18,
Mundra and Xu teach the apparatus of claim 17, wherein the first packet comprises a first cell and a second cell, and the first metadata is configured in the first cell and the second cell. (See column 47-48, Mundra)
Regarding claim 19,
Mundra and Xu teach the apparatus of claim 17, further comprising a controller coupled to the first port, the controller being configured to manage a transmission of the first packet based on the first metadata. (See column 23 – 24, Mundra)
Regarding claim 20,
Mundra and Xu teach the apparatus of claim 17, wherein the processor is configured to generate a third cell in the first packet based on a determination that the first size of the first metadata exceeds a second threshold, the second threshold is greater than or equal to the first threshold. (See figure 7, 9, col 23 lines 1-45, figure 10, Mundra)
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and located in the PTO-892 form.
1.Jeon, U.S. Patent 11528727, teaches a wireless device receives a radio resource control message. The radio resource control message comprises a periodicity of uplink resources of an uplink configured periodic grant. A buffer status report (BSR) for transmission is triggered in response to data becoming available for uplink transmission. The BSR indicates a size of the data. Based on the triggering of the BSR, an uplink scheduling request is triggered in response to receiving no additional resource for uplink transmission while the uplink resources for the uplink configured periodic grant are available. The scheduling request is transmitted.
2. Meng, U.S. Patent App 20230239248, teaches an application provides a traffic shaping method and apparatus. The method includes: A packet marking apparatus receives a first packet; the packet marking apparatus determines an enqueuing queue of the first packet; and the packet marking apparatus marks a queue identifier of the first packet as a queue identifier of the enqueuing queue of the first packet, and then sends the queue identifier of the first packet to a packet output apparatus, where the packet output apparatus is configured to send, based on the queue identifier of the first packet, the first packet to a corresponding queue for outputting. Therefore, packet output time after traffic shaping can be determined.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINOS DONABED whose telephone number is (571)272-8757. The examiner can normally be reached Monday - Friday 8:00pm - 4:00pm.
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, John Follansbee can be reached on (571) 272-3964. 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.
/NINOS DONABED/Primary Examiner, Art Unit 2444
Prosecution Insights