Prosecution Insights
Last updated: August 15, 2026
Application No. 18/948,768

ULTRA-LOW LATENCY REMOTE APPLICATION ACCESS

Final Rejection §103
Filed
Nov 15, 2024
Priority
May 05, 2015 — provisional 62/157,448 +4 more
Examiner
ALGIBHAH, HAMZA N
Art Unit
2441
Tech Center
2400 — Computer Networks
Assignee
Penguin Computing Inc.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
578 granted / 731 resolved
+21.1% vs TC avg
Minimal +3% lift
Without
With
+3.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
28 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§101
12.6%
-27.4% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
9.9%
-30.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 731 resolved cases

Office Action

§103
Detailed Action Claims 1-20 are pending Claims 1-20 are rejected. 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 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 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. Claims 1, 12-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kacmarcik et al (US 2015/0188973 A1) in view of Tsai et al (US 2007/0288584 A1), Kominac (US 2012/0151371 A1) and Gilboa et al (US 2012/0011280 A1). Regarding claim 1, Kacmarcik discloses: an ultra-low latency server system comprising: - a first hardware platform comprising a processor and an operating system (Kacmarcik, Fig 1 item 104, 152 or 162);- a first network connection (Kacmarcik, Fig 1, paragraph 0022);- an ultra-low latency remote service executing within said operating system and on the processor (Kacmarcik, Fig 1, paragraph 0023-0024), wherein the processor causes the ultra-low latency remote service to: - receive a rendered image of an application executing on the processor, the rendered image comprising a plurality of frames that include a cursor image in the plurality of frames (Kacmarcik, Fig 1-2, paragraph 0028, Computing service module 166 may be further configured to use video codec 175 to compress or encode images of server runtime/desktop 172 (including open cloud-application window 173) as image frames in a video stream (e.g., video stream 200, FIG. 2) to be transmitted over network 190 to project a remote desktop on computing device 102);- generate a video stream from the rendered image using video compression and encoding techniques that use data from one or more frames to compress information in later frames(Kacmarcik, Fig 1-2, paragraph 0028, Computing service module 166 may be further configured to use video codec 175 to compress or encode images of server runtime/desktop 172 (including open cloud-application window 173) as image frames in a video stream (e.g., video stream 200, FIG. 2) to be transmitted over network 190 to project a remote desktop on computing device 102); - transmit the video stream over the first network connection to a remote browser operating on a client device (Kacmarcik, Fig 1-2, paragraph 0028-0030, Computing service module 166 may be further configured to use video codec 175 to compress or encode images of server runtime/desktop 172 (including open cloud-application window 173) as image frames in a video stream (e.g., video stream 200, FIG. 2) to be transmitted over network 190 to project a remote desktop on computing device 102), - wherein the ultra-low latency server system is configured to establish the first network connection by receiving a connection request from the client device comprising the remote browser (Kacmarcik, Fig 1-2, paragraph 0026, 0028-0030, Computing service module 166 may be further configured to use video codec 175 to compress or encode images of server runtime/desktop 172 (including open cloud-application window 173) as image frames in a video stream (e.g., video stream 200, FIG. 2) to be transmitted over network 190 to project a remote desktop on computing device 102);- whereby, in use, a user of the remote browser experiences real-time or near real-time control of the application executing on the processor of the first hardware platform (Kacmarcik, Fig 1-2, paragraph 0026-0028, Cloud computing service module 166 may be configured so that when a user of computing device 102 selects, for example, a network-hosted file or document (e.g., network-hosted file 170) from cloud data storage (e.g., cloud data storage service 158) for opening or processing, cloud computing service module 166 selects an appropriate network-hosted application (e.g., network-hosted application 171) to open or process network-hosted file 170 on server 160). Kacmarcik does not explicitly disclose remove the cursor image in the plurality of frames; and the connection instructions comprise a hyper-text markup language (HTML) page and executable JavaScript and cursor location information representing a location of the cursor in each frame of the plurality of frames before the cursor image was removed. However, Tsai discloses remove the cursor image in the plurality of frames (Tsai, paragraph 0016, wherein “The frame image capture unit 221 outputs a frame image data D2 without the cursor to the client computer 210 according to a primal image data of a primal image containing the cursor”); and cursor location information representing a location of the cursor in each frame of the plurality of frames before the cursor image was removed (Tsai, paragraph 0019, wherein “In step 340, the client computer 210 receives the cursor data D3, which includes a cursor coordinate, a cursor pattern and a cursor check code. The cursor pattern includes a number. Because the cursor may include multiple cursor patterns, such as an arrow and a finger, the correct pattern has to be found according to the cursor check code.”) Therefore, it would have been obvious to an ordinary skilled person in the art before the effective filing date of the invention to combine Kacmarcik and Tsai as claimed because this would have provided a way to improve the performance of the system by solving the problem of the too-slow response speed of the cursor when a controlled computer is remotely controlled by a mouse in a client computer (see Tsai abstract, paragraph 0007).Kacmarcik and Tsai do not explicitly disclose that remote browser having a JavaScript engine wherein the connection instructions comprise a hyper-text markup language (HTML) page and executable JavaScript. However, Kominac discloses that remote browser having a JavaScript engine wherein the connection instructions comprise a hyper-text markup language (HTML) page and executable JavaScript (Kominac, Fig 1, paragraph 0057, wherein the present disclosure can include or utilize a HTML5 compatible web browser having a 2D canvas, e.g., 530 in FIG. 5. The HTML5 specification provides for a 2D canvas, which allows for dynamic, real-time, scriptable rendering of 2D shapes and bitmap images. In one aspect, being scriptable can mean or include reference to utilizing JavaScript for rendering a 2D image. The canvas consists of a drawable region defined in HTML code with height and width attributes. JavaScript code may access the area through a full set of drawing functions similar to other common 2D APIs, thus allowing for dynamically generated graphics). Therefore, it would have been obvious to an ordinary skilled person in the art before the effective filing date of the invention to combine Kacmarcik and Kominac as claimed because this would have provided a way to allow remote desktop session via HTML and JavaScript which eliminates the need to have a protocol-specific software application that executes on the user's specific operating system and platform or plug-in for a specific browser (see Kominac abstract, paragraph 0003).Kacmarcik, Tsai, and Kominac do not explicitly disclose that:- the cursor image information comprising a bitmap of the cursor to facilitate rendering of the cursor by the remote browser. However, Gilboa discloses that:- the cursor image information comprising a bitmap of the cursor to facilitate rendering of the cursor by the remote browser (Gilboa, paragraph 0042, wherein “Returning to FIG. 1A, in both client mouse mode and server mouse mode, cursor graphics information is sent from server 110 to client 105. Cursor graphics information may include a bitmap of the cursor, a palette) and a mask of the cursor (which identifies what areas of background are hidden by cursor, which areas are not hidden, and which areas are a combination of the cursor and the background). In one embodiment, the cursor graphics information is sent to client 105 when the cursor graphics information changes”). Therefore, it would have been obvious to one ordinary skilled person in the art before the effective filing date of the invention to combine Kacmarcik, Tsai and Kominac in view of Gilboa to include bitmap of the cursor as claimed because this would have provided a way to reduce high latency and improve the performance of the system (see Gilboa paragraph 0004). Claims 12-13 and 17 are rejected under the same rationale as claim 1. Claims 2-8, 11, 14-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kacmarcik et al (US 2015/0188973 A1) in view of Tsai et al (US 2007/0288584 A1), Kominac (US 2012/0151371 A1), Gilboa et al (US 2012/0011280 A1) and Yamta et al (US 2013/0117659 A1). Regarding claim 2, Claim 1 is incorporated and discloses Kacmarcik wherein the remote service further causes the processor to: receive the connection request from the remote browser (Kacmarcik, Fig 1-2, paragraph 0026-0028, Cloud computing service module 166 may be configured so that when a user of computing device 102 selects, for example, a network-hosted file or document (e.g., network-hosted file 170) from cloud data storage (e.g., cloud data storage service 158) for opening or processing, cloud computing service module 166 selects an appropriate network-hosted application (e.g., network-hosted application 171) to open or process network-hosted file 170 on server 160). Kacmarcik, Tsai, Kominac and Gilboa do not explicitly disclose wherein the connection request comprising displayable screen dimensions on the remote browser. However, Yamta further discloses: wherein the connection request comprising displayable screen dimensions on the remote browser (Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, where the web client application 110 sends a request for application content 222. According to embodiments, the desired size input parameter may be sent to the server 104 as part of a request). Therefore, it would have been obvious to a an ordinary skilled person in the art before the effective filing date of the invention to combine Kacmarcik and Kominac and Gilboa in view of Yamta to include the displayable screen dimensions on the remote browser in the request as claimed because this would have provided a way to reduce the video/image size to the available area in the browser which reduces the load in the network and improves the efficiency of the system (see Yamta paragraph 0033). Regarding claim 3, Claim 2 is incorporated and Yamta further discloses: wherein the displayable screen dimensions are smaller than dimensions of the rendered image (Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, generate the requested application content 222 using the desired size input parameter to determine an optimal image size for the target display resolution). Regarding claim 4, Claim 2 is incorporated and Kacmarcik and Yamta further discloses: wherein the remote service further causes the processor to: generate the video stream to match the displayable screen dimensions (Kacmarcik, paragraph 0017, 0042-0043, Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, generate the requested application content 222 using the desired size input parameter to determine an optimal image size for the target display resolution)); Regarding claim 5, Claim 2 is incorporated and Kacmarcik and Yamta further discloses: wherein the remote service further causes the processor to: cause the rendered image to match the displayable screen dimensions (Kacmarcik, paragraph 0017, 0042-0043, Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, generate the requested application content 222 using the desired size input parameter to determine an optimal image size for the target display resolution)); Regarding claim 6, Claim 2 is incorporated and Kacmarcik and Kominac and Gilboa in view of Yamta do not explicitly disclose: the remote browser being configured to pan and/or zoom the video stream. However, having a pan and/or zoom function in a browser to zoon/pan video content is well known in the art. Therefore, it would have been obvious to one ordinary skilled person in the art before the effective filing date of the invention to modify Kacmarcik and Kominac, Gilboa and Yamta to include pan/zoom function as claimed because this would have provided a way to improve the user experience and achieve better user satisfaction. Regarding claim 7, Claim 2 is incorporated and Kacmarcik and Yamta further discloses: wherein the processor further causes the remote service to: receive updated displayable screen dimensions from the remote browser; and change the video stream to match the updated displayable screen dimensions (Kacmarcik, paragraph 0017, 0042-0043, Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, generate the requested application content 222 using the desired size input parameter to determine an optimal image size for the target display resolution)); Regarding claim 8, Claim 2 is incorporated and Tsai further discloses: wherein the remote service further causes the processor to: transmit a cursor identifier, the cursor identifier identifying a displayed cursor by the application (Tsai, paragraph 0019, wherein “In step 340, the client computer 210 receives the cursor data D3, which includes a cursor coordinate, a cursor pattern and a cursor check code. The cursor pattern includes a number. Because the cursor may include multiple cursor patterns, such as an arrow and a finger, the correct pattern has to be found according to the cursor check code.”) Regarding claim 11, Claim 2 is incorporated and Kominac and Yamta further discloses: connection management system executing the processor, the connection management system that: receives, and optionally authenticates, the connection request from the remote browser, the connection request being for remote access to an application server through the remote browser (Kacmarcik, Fig 1-2, paragraph 0026-0028, Cloud computing service module 166 may be configured so that when a user of computing device 102 selects, for example, a network-hosted file or document (e.g., network-hosted file 170) from cloud data storage (e.g., cloud data storage service 158) for opening or processing, cloud computing service module 166 selects an appropriate network-hosted application (e.g., network-hosted application 171) to open or process network-hosted file 170 on server 160), wherein the connection request comprises the displayable screen dimensions for the remote browser (Yamta, abstract, Fig 2 item 224, Fig 3 steps 315-325, paragraph 0031-0033, where the web client application 110 sends a request for application content 222. According to embodiments, the desired size input parameter may be sent to the server 104 as part of a request); determines a set of configuration settings for the application server; causes the application server to be configured with the set of configuration settings (Yamta, abstract, Fig 2 item 224, Fig 3, paragraph 0031-0033, where generate the requested application content 222 using the desired size input parameter to determine an optimal image size for the target display resolution. The server 104 may open the file containing the requested content 222, which may be a presentation file, and start rendering the content, for example, slides within the presentation. The server 104 may use the web client application-provided desired size input parameter to determine an optimal size for the target display resolution and dynamically generate images 222 that are sized appropriately); determines a set of connection settings for the remote browser; and transmits the set of connection settings to the remote browser; the system optionally comprising a load balancer that selects the application server from a plurality of application servers (Yamta, abstract, Fig 2 item 224, Fig 3, paragraph 0036, where the server 104 sends the requested application content 222 to the web client application 110, the application content 222 being rendered according to the desired size input parameter. At OPERATION 335, the web client application 110 receives the application content 222 and displays the content in the web browser pane 202). Claims 14-16 and 18-20 are rejected under the same rationale as claims 2-8 and 11. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kacmarcik et al (US 2015/0188973 A1) in view of Tsai et al (US 2007/0288584 A1), Kominac (US 2012/0151371 A1), Gilboa et al (US 2012/0011280 A1), and Miyamoto et al (US 2013/0050275 A1). Regarding claim 9, Claim 8 is incorporated and Kacmarcikm Tsai, Kominac and Gilboa in view of Yamta do not explicitly disclose: wherein the processor further causes the remote service to: transmit a cursor boundary, the cursor boundary identifying a region within the video stream for which the cursor identifier is valid. However, Miyamoto discloses wherein the processor further causes the remote service to: transmit a cursor boundary, the cursor boundary identifying a region within the video stream for which the cursor identifier is valid (Miyamoto, paragraph 0008, wherein the server creates drawing data, which is to be displayed, corresponding to the input event transmitted from the client to the server, and then creates a table in which cursor IDs are related to object area information included in the drawing data. The server transmits the created table and drawing data to the client. The client moves the mouse cursor in a state in which the drawing data corresponding to the input event is displayed. The client then determines, from the table, the cursor ID in the object area corresponding to the position to which the mouse cursor has been moved, and draws the shape of the mouse cursor corresponding to the cursor ID at the position to which the mouse cursor has been moved). Therefore, it would have been obvious to a an ordinary skilled person in the art before the effective filing date of the invention to modify Kacmarcik and Kominac, Gilboa and Yamta with Miyamoto to include cursor identifier as claimed because this would reduce a communication frequency involved in mouse cursor movement in the server drawing method which reduces the load in the network and improves the efficiency of the system (see Miyamoto paragraph 0008). Regarding claim 10, Claim 9 is incorporated and Miyamoto further discloses: wherein the video stream comprises an audio channel (Miyamoto, paragraph 0008, wherein the server creates drawing data, which is to be displayed, corresponding to the input event transmitted from the client to the server, and then creates a table in which cursor IDs are related to object area information included in the drawing data. The server transmits the created table and drawing data to the client. The client moves the mouse cursor in a state in which the drawing data corresponding to the input event is displayed. The client then determines, from the table, the cursor ID in the object area corresponding to the position to which the mouse cursor has been moved, and draws the shape of the mouse cursor corresponding to the cursor ID at the position to which the mouse cursor has been moved). Response to Arguments Applicant’s arguments filed on 06/05/2026 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 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 HAMZA N ALGIBHAH whose telephone number is (571)270-7212. The examiner can normally be reached 7:30 am - 3:30 pm. 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, Ario Etienne can be reached at . 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. /HAMZA N ALGIBHAH/ Primary Examiner, Art Unit 2457
Read full office action

Prosecution Timeline

Nov 15, 2024
Application Filed
Mar 10, 2026
Non-Final Rejection mailed — §103
Jun 05, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12701124
METHOD FOR DETECTING A MALICIOUS DEVICE IN A COMMUNICATION NETWORK, CORRESPONDING COMMUNICATION DEVICE AND COMPUTER PROGRAM
3y 2m to grant Granted Aug 04, 2026
Patent 12682280
IDENTIFYING OPTIMAL WEIGHTS TO IMPROVE PREDICTION ACCURACY IN MACHINE LEARNING TECHNIQUES
4y 1m to grant Granted Jul 14, 2026
Patent 12683953
MECHANISM FOR ENFORCING ACCESS CONTROL AT SCALE TO AN INTERNET SERVICE USING TRANSPORT LAYER SECURITY (TLS)
2y 0m to grant Granted Jul 14, 2026
Patent 12656394
MEMORY, MEMORY SYSTEM AND METHOD OF CONTROLLING STORAGE DEVICE
2y 9m to grant Granted Jun 16, 2026
Patent 12652192
Independent Datastore In A Network Routing Environment
3y 0m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
82%
With Interview (+3.1%)
2y 12m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 731 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month