Prosecution Insights
Last updated: October 21, 2026
Application No. 18/967,861

APPARATUS AND METHOD FOR DISCOVERING AND LINKING SOFTWARE-DEFINED NETWORKING (SDN) NODES IN A COMMUNICATION NETWORK IN OPERATING ENVIRONMENTS

Non-Final OA §103
Filed
Dec 04, 2024
Examiner
COUSINS, JOSEPH M
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Parry Labs LLC
OA Round
5 (Non-Final)
64%
Grant Probability
Moderate
5-6
OA Rounds
1y 4m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
189 granted / 296 resolved
+5.9% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
11 currently pending
Career history
309
Total Applications
across all art units

Statute-Specific Performance

§101
11.3%
-28.7% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 296 resolved cases

Office Action

§103
8967DETAILED 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 . Response to Amendment Claims 1 and 11 are amended. Response to Arguments In light of applicant’s arguments, previous rejections are withdrawn. 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. Claims 1, 6, 10-11, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691. Claims 1 and 11, Nandy discloses An apparatus for discovering and linking software-defined networking (SDN) nodes in a communication network in operating environments (para 0014- software-defined network), the apparatus comprising: at least a processor (para 0090-processor); and a memory communicatively connected to the at least a processor, wherein the memory contains instructions configuring the at least a processor to (para 0090-instructions): receive a discovery message from at least a first SDN node (para 0015- service discovery request are forward from client to host devices via VTEPs, see fig. 3 & para 0049), wherein the discovery message comprises a request for information (para 0015- all host devices in the subnet of the client device, connected to the access ports of the VTEP, may receive the multicast query, para 0044- the network device 206-2 may also query the host device 202 for the multicast service announcement) and node metadata of the at least a first SDN node (para 0032-message are sent using the mDNS protocol which uses IP packets that contain a source address), transmit, using a modified web transfer protocol, the discovery message to one or more second network devices within an operating environment (para 0015-In such a scenario, when a client device needs to resolve a hostname, it sends a multicast query to its connected VTEP asking a host device having that hostname to identify itself. The VTEP connected to the client device may flood the multicast query to all its access ports, The modified mDNS is mapped to modified web transfer protocol. Para 0048- encapsulated mDNS service queries are forwarded to remote VTEP to enable inter-VTEP discovery); and wherein the discovery message is transmitted to establish communication with the one or more second network devices (para 0015- the flooding of multicast queries in the network, discloses communication amongst the sender and a plurality of recipients) identify at least one selected network device from the one or more second network devices as a function of the discovery message (para 0015-In response, the host device, having the queried hostname, may multicast a message that includes its IP address. The VTEP may also flood this response from the host device to all its access ports in the same subnet. All other clients and hosts in the subnet can then use that information to update their caches. Thus, the client device may resolve an IP address associated with a host device connected to the same VTEP and discover a service hosted by the host device.); and establish communication between the at least a first SDN node and the at least one selected network device (para 0075- discloses communication between a client and host via VTEPs) Although Nandy discloses substantial limitations of the claimed invention, it fails to explicitly disclose and wherein the node metadata comprises at least a device type and capabilities of the at least a first SDN node. In an analogous art, Patwardhan discloses and wherein the node metadata comprises at least a device type and capabilities of the at least a first SDN node. (para 0095-device type and capability) One of ordinary skill in the art before the effective filing date of the invention would find it obvious to combine metadata of Patwardhan with the Nandy system to produce the predictable result of sharing device attributes and capabilities with peer devices via discovery messages. Although Nandy/Patwardhan discloses substantial limitations of the claimed invention, it fails to explicitly disclose monitor, using a network controller, a compliance status of the at least one selected network device against one or more safety standards, and, in response to determining that the at least one selected network device is non-compliant with the one or more safety standards: selectively disconnect the at least one selected network device from the at least a first SDN node; and perform a rollback operation that returns the at least one selected network device to a prior compliant state before restoring communication between the at least a first SDN node and the at least one selected network device. In an analogous art, Baidya discloses monitor, using a network controller, a compliance status of the at least one selected network device against one or more safety standards (Para 0028-0030-a security systems monitoring SDN devices and uses machine learning to identify anomalies or suspected attacks from SDN devices. ), and, in response to determining that the at least one selected network device is non-compliant with the one or more safety standards: selectively disconnect the at least one selected network device from the at least a first SDN node (para 0031- in response identifying an anomaly, the SDN device is removed from the network. The removal is mapped to the claimed disconnection); and Baidya further disclose performing corrective action to resolve the anomalous activity. One of ordinary skill in the art before the effective filing would find it obvious to combine the security monitoring of Baidya with the Nandy/Patwardhan system to produce the predictable result of identifying security threats within a SDN network. One of ordinary skill in the art would be motivated to combine the Nandy/Patwardhan with Baidya to protect the SDN network from security threats. Although Nandy/Patwardhan/Baidya discloses substantial limitations of the claimed invention, it fails to explicitly disclose perform a rollback operation that returns the at least one selected network device to a prior compliant state before restoring communication between the at least a first SDN node and the at least one selected network device. In an analogous art, Cohen discloses perform a rollback operation that returns the at least one selected network device to a prior compliant state (para 0075- discloses the security engine can be configured to initiate automated mitigation strategies. These strategies may include quarantining the affected device to prevent the spread of malware across the network, initiating a secure rollback to a previously known good state) [before restoring communication between the at least a first SDN node and the at least one selected network device] – This limitation is a time period and does not positively require the restoration of communication. The mere occurrence of the rollback discloses the claimed limitation. One of ordinary skill in the art before the effective filing would find it obvious to combine the remediation measure of rolling back of Cohen with the Nandy/Patwardhan/Baidya system to produce the predictable result of automatically remedying security threats within a SDN network. One of ordinary skill in the art would be motivated to combine the Nandy/Patwardhan/Baidya with Cohen to remediate security threats with rollbacks to provide quick responses with a degree of certainty to restore computing services. Claims 6 and 16, transmitting the discovery message comprises transmitting a multicast request to the one or more second network devices for simultaneous discovery of multiple selected network devices; and identifying the at least one selected network device comprises receiving a response from the one or more second network devices as a function of the multicast request. (Nandy para 0015- In such a scenario, when a client device needs to resolve a hostname, it sends a multicast query to its connected VTEP asking a host device having that hostname to identify itself. The VTEP connected to the client device may flood the multicast query to all its access ports. Thus, all host devices in the subnet of the client device, connected to the access ports of the VTEP, may receive the multicast query. In response, the host device, having the queried hostname, may multicast a message that includes its IP address.) Claims 10 and 20, The apparatus of claim 1, wherein establishing the communication comprises establishing peer-to-peer communication between the at least a first SDN node and the at least one selected network device. (Nandy para 0075- discloses P2P communication between a client and host via VTEPs) Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Yong U.S. Patent Application Publication 2017/0019331. Claims 2 and 12, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein the modified web transfer protocol comprises an encryption algorithm. In an analogous art, Yong discloses an encryption algorithm (para 0084-enhanced ICMP communication with encryption) One of ordinary skill in the art before the effective filing date would find it obvious to combine the encryption of the enhanced ICMP communications of Yong with the Nandy/Patwardhan system to produce the predictable result of providing encrypted communication in a SDN network for data security. The combination of Yong and Nandy/Patwardhan would work in a predictable manner without unexpected results. Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Ashlock et al. U.S. Patent Application Publication 2025/0039057. Claims 3 and 13, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein the modified web transfer protocol comprises a network segmentation feature, wherein the network segmentation feature is configured to segment the communication network as a function of a routing path. In an analogous art, Ashlock discloses wherein the modified web transfer protocol comprises a network segmentation feature, wherein the network segmentation feature is configured to segment the communication network as a function of a routing path. (para 0019- According to further embodiments, routing process 244 may support segment routing. Briefly, segment routing may be enabled in a network through the use of IGP extensions that allow IGP messages to carry label information or via another suitable protocol. Segments in a segment routed network may fall into one of two categories: node segments and adjacent segments. Para 0050- probing service 308 may present probing results 310 for display to a network operator, to a path selection mechanism that seeks to select the ‘best’ path based on some criteria, or the like.) One of ordinary skill in the art before the effective filing date would find it obvious to substitute the segment routing of Ashlock for the communication protocol of the Nandy/Patwardhan system to produce the predictable result of providing enhancing routing performance from using more granular path metrics. (Ashlock para 0022) Claims 4, 9, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Sauer et al. U.S. Patent Application Publication 2023/0163997. Claims 4 and 14, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein the modified web transfer protocol comprises an alert feature, wherein the alert feature is configured to receive monitoring data from a monitoring agent and trigger an alert as a function of the monitoring data. In an analogous art, Sauer discloses an alert feature, wherein the alert feature is configured to receive monitoring data from a monitoring agent and trigger an alert as a function of the monitoring data. (para 0054- SDN controller 270 may compare (a) tunnel state information (STATE-i for i=1, . . . , N) from host-A 210A and/or EDGE node 111/112/113 with (b) a desired state (denoted as DSTATE). Next, at 465-470, based on the comparison, SDN controller 270 may perform routing decisions and instruct host-A 210A to configure routing information associated with a destination network (e.g., network C) in which destination 104 is located. This way, the control plane may manage VTEP connectivity based on the underlying network characteristics, not just path availability (i.e., true/false). Tunnel information is mapped to the monitoring data and the agents are mapped to item 131 of fig. 1. Para 0055- If no path satisfies this requirement, the “best” path may be selected and a notification is sent to a network administrator. An alert is generated in response to none of the paths meeting the SLA requirements.) One of ordinary skill in the art before the effective filing date would find it obvious to combine the monitoring agents of Sauer for with the Nandy/Patwardhan system to produce the predictable result of monitoring network devices to select the routes with the best performance. Claims 9 and 19, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein establishing the communication comprise dynamically determining a routing path between the at least a first SDN node and the at least one selected network device. In an analogous art, Sauer discloses wherein establishing the communication comprise dynamically determining a routing path between the at least a first SDN node and the at least one selected network device. (para 0059- tunnel state information measured using probe and/or reply packets changes over time, the routing information may adapt to varying network characteristics to facilitate dynamic tunnel selection.) One of ordinary skill in the art before the effective filing date would find it obvious to combine the dynamic tunnel selection of Sauer for with the Nandy/Patwardhan system to produce the predictable result of modifying routing paths to adapt to changing network conditions. (Sauer para 0059) Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Lee et al. U.S. Patent Application Publication 2018/0146075. Claims 5 and 15, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein the modified web transfer protocol comprises a modified constrained application protocol (CoAP). In an analogous art, Lee discloses a constrained application protocol (CoAP) (para 0021-CoAP used for SDN node communication) One of ordinary skill in the art before the effective filing date would find it obvious to substitute the CoAP of Lee for the communication protocol of the Nandy/Patwardhan system to produce the predictable result of enabling low-power devices to communicate in a SDN network. The combination of Lee and Nandy/Patwardhan would work in a predictable manner without unexpected results. Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Gelvin et al. U.S. Patent Application Publication 2011/0029644. Claims 7 and 17, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein receiving the discovery message comprises: receiving the discovery message from at least a first network device; authenticating the at least a first network device; and registering the at least a first network device as the at least a first SDN node to a network controller. In an analogous art, Gelvin discloses wherein receiving the discovery message comprises: receiving the discovery message from at least a first network device; authenticating the at least a first network device; and registering the at least a first network device as the at least a node to a network controller. (para 0144- When attaching to a network a node acquires synchronism, announces its presence [mapped to discovery message], is authenticated, and publishes the modes by which it can communicate [mapped to registration]. Service discovery makes the node aware of the resources available in the network. The service registry is mapped to the network controller) One of ordinary skill in the art before the effective filing date would find it obvious to combine the registration of client devices of Gelvin with the Nandy/Patwardhan system to produce the predictable result of authenticating and registering consumer nodes in a Gelvin environment. One of ordinary skill in the art would be motivated to combine Gelvin with Nandy/Patwardhan to verify the permissions of consumer nodes within a SDN environment. Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nandy et al. U.S. Patent Application Publication 2024/0205048 in view of Patwardhan et al U.S. Patent Application Publication 2021/0111984 in view of Baidya et al. U.S. Patent Application publication 2022/0303290 in view of Cohen et al. U.S. Patent Application publication 2025/0260691 in view of Shridhar et al. U.S. Patent Application Publication 2024/0078123. Claims 8 and 18, Although Nandy/Patwardhan/Baidya/Cohen discloses substantial limitations of the claimed invention, it fails to explicitly disclose wherein establishing the communication comprises: authenticating the at least one selected network device; and registering the at least one selected network device as at least one second SDN node to a network controller. In an analogous art, Shridhar discloses wherein establishing the communication comprises: authenticating the at least one selected network device; and registering the at least one selected network device as at least one second node to a network controller (para 0106- mesh controllers create registry entry for target service endpoint to be advertised for service. Target service endpoints are authenticated with Controller via Certificates and tokens, See fig. 5) One of ordinary skill in the art before the effective filing date would find it obvious to combine the registration of endpoints of Shridhar with the Nandy/Patwardhan system to produce the predictable result of authenticating and registering service endpoints to satisfying service requests. One of ordinary skill in the art would be motivated to combine Shridhar with Nandy/Patwardhan to prevent rogue nodes from impersonating legitimate service endpoints. Conclusion Relevant Prior art: Kim et al. U.S. Patent Application publication 2026/0143355- discloses identifying nodes to remove from a network based on security breaches. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M COUSINS whose telephone number is (571)270-7746. The examiner can normally be reached 9:00am -5:00pm EST. 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, Tonia Dollinger can be reached at (571) 272-4170. 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. /SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459 /JMC/Examiner, Art Unit 2459
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Prosecution Timeline

Show 12 earlier events
Feb 09, 2026
Examiner Interview Summary
Mar 17, 2026
Response Filed
Apr 08, 2026
Final Rejection mailed — §103
Jul 08, 2026
Request for Continued Examination
Jul 15, 2026
Response after Non-Final Action
Sep 23, 2026
Non-Final Rejection mailed — §103
Oct 13, 2026
Examiner Interview Summary
Oct 13, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

5-6
Expected OA Rounds
64%
Grant Probability
83%
With Interview (+19.2%)
3y 3m (~1y 4m remaining)
Median Time to Grant
High
PTA Risk
Based on 296 resolved cases by this examiner. Grant probability derived from career allowance rate.

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