Prosecution Insights
Last updated: October 01, 2026
Application No. 19/040,524

Communication Method and Apparatus

Non-Final OA §102§103
Filed
Jan 29, 2025
Priority
Jul 29, 2022 — continuation of PCTCN2022109174
Examiner
TRAN, ALEX HOANG
Art Unit
2453
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
115 granted / 183 resolved
+4.8% vs TC avg
Strong +30% interview lift
Without
With
+30.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
14 currently pending
Career history
202
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
73.3%
+33.3% vs TC avg
§102
9.0%
-31.0% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 183 resolved cases

Office Action

§102 §103
DETAILED ACTION This action is responsive to communications filed 29 January 2025. Claims 18-19 have been canceled. Claims 21-22 have been added. Claims 1-17 and 20-22 are subject to examination. 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 17 March 2025 and 31 July 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 4-8, 11-17 and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Dunsmore et al. (US-8295204-B2) hereinafter Dunsmore. Regarding claim 21, Dunsmore discloses: A first node ([3:54-4:3] network element 120) comprising: a memory configured to store computer instructions ([3:54-4:3] represents hardware, including any appropriate controlling logic (i.e. instructions on the hardware; a memory), capable of linking to other network equipment and transmitting data); and one or more processors configured to execute the computer instructions to cause the first node ([3:54-4:3] represents hardware (i.e. processor), including any appropriate controlling logic, capable of linking to other network equipment and transmitting data (i.e. executing instructions to perform a function)) to: generate address allocation capability information indicating an address allocation capability of the first node ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements (i.e. to transmit message requires generating the capability information)); and send the address allocation capability indication information to a second node ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements). Regarding claim 22, Dunsmore discloses: The first node of claim 21, wherein the address allocation capability indicates that the first node has an address allocation capability ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements (i.e. has an address allocation capability)), the first node does not have an address allocation capability, or the first node has an address allocation proxy capability. Regarding claims 1-2, they do not further define nor teach over the limitations of claims 21-22, therefore, claims 1-2 are rejected for at least the same reasons set forth above as in claims 21-22. Regarding claim 4, Dunsmore discloses: The method of claim 1, wherein sending the address allocation capability indication information comprises sending a link-state routing protocol packet ([4:28-42] when communication traffic is transmitted from a network element 120, the data is “flooded” through network … link state routing protocol (LSP)), wherein the link-state routing protocol packet comprises the address allocation capability indication information ([4:28-42] when communication traffic is transmitted from a network element 120, the data is “flooded” through network … link state routing protocol (LSP) [5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements), or sending a non-link-state routing protocol packet, wherein the non-link-state routing protocol packet comprises the address allocation capability indication information Regarding claim 5, Dunsmore discloses: The method of claim 2 further comprising receiving a first packet from the second node ([6:9-27] when the new network element 120a receives an “IAmAnAddressServer” message from network element 120d, net network element may respond to the message by requesting an IP address from network element … IP request message), wherein the first packet comprises a first address configuration message ([6:9-27] IP request message (i.e. first address configuration message) … identifies the origin of the IP request and … may specify the type of IP address needed by new network element), and wherein the first address configuration message allocates or releases a first communication address for the second node ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)). Regarding claim 6, Dunsmore discloses: The method of claim 5, wherein the first address configuration message comprises at least one of: first request information requesting to allocate the first communication address for the second node ([6:9-27] IP request message (i.e. first address configuration message) … identifies the origin of the IP request and … may specify the type of IP address needed by new network element [6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)); lease renewal information requesting to renew the first communication address; release information indicating to release the first communication address; second request information requesting to allocate the first communication address for the second node when a current communication address of the second node is unavailable; or confirmation information indicating to confirm use of the first communication address or confirm release of the first communication address. Regarding claim 7, Dunsmore discloses: The method of claim 5, wherein the first packet further comprises address type indication information ([6:9-27] IP request message (i.e. first address configuration message) … identifies the origin of the IP request and … may specify the type of IP address needed by new network element), and wherein the address type indication information indicates a type of the first communication address ([6:9-27] IP request message (i.e. first address configuration message) … identifies the origin of the IP request and … may specify the type of IP address needed by new network element … LCN, LMP, or NEM IP address is needed, see [5:34-64] Local Communication Network (LCN) … Local Management Ports (LMP) … Network Element Management (NEM)). Regarding claim 8, Dunsmore discloses: The method of claim 7, wherein the type is a first address type for routing and forwarding in a communication domain ([6:9-27] e.g. LCN, LMP, or NEM IP address is needed (i.e. for routing in a local communication network or etc. as above, see [5:34-64])) or for identifying an application, or wherein the type is a second address type for identifying an application. Regarding claim 11, Dunsmore discloses: The method of claim 5, wherein the first packet further comprises a message type, and wherein the message type indicates whether the first packet comprises the first address configuration message ([6:9-27] when the new network element 120a receives an “IAmAnAddressServer” message from network element 120d, net network element may respond to the message by requesting an IP address from network element … IP request message [6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)). Regarding claim 12, Dunsmore discloses: The method of claim 5, wherein the address allocation capability indication information indicates that the first node has the address allocation capability ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements (i.e. to transmit message requires generating the capability information)), wherein the method further comprises sending a second packet to the second node based on the first packet ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)), and wherein a packet type of the second packet is the same as a packet type of the first packet ([6:53-63] new network element communicates with other network elements in the transport ring using LSP (i.e. same type, e.g. entire network uses LSP)). Regarding claim 13, Dunsmore discloses: The method of claim 12, wherein the second packet comprises the first communication address ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)). Regarding claim 14, Dunsmore discloses: The method of claim 13 further comprising setting a status of the first communication address to an allocated state ([6:38-52] network element 120d may maintain a list of assigned IP addresses (i.e. allocated state)). Regarding claim 15, Dunsmore discloses: The method of claim 12, wherein the second packet comprises a second address configuration message ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)), and wherein the second address configuration message comprises at least one of: consent information, wherein the consent information indicates that the first communication address has been allocated or the first communication address has been renewed ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node) … upon receiving the new assigned IP address, the new network element 120a or 120b is configured to automatically begin using the assigned IP address (i.e. consented to use the IP address)); or rejection information, wherein the rejection information indicates to reject allocation of the first communication address or reject renewal of the first communication address. Regarding claim 16, Dunsmore discloses: The method of claim 5, wherein the address allocation capability indication information indicates that the first node has the address allocation proxy capability ([7:60-8:3] network element 220d will transmit advertisement messages to network elements 220a-c … designated as a gateway to an address server capable of assigning IP addresses (i.e. proxy capability)), wherein the method further comprises sending a third packet to a third node based on the first packet ([8:36-52] when network element 220d receives the IP address request message from the new network element 220a or 220b … relays the request message to external IP address server 210 (i.e. third packet, e.g. based on the request; first packet)), wherein the third packet comprises a third address configuration message ([8:4-24] specify that an LCN, LMP, or MEN IP address is needed … may specify that a CP node or other IP address is needed), and wherein the third address configuration message allocates or releases the first communication address for the second node ([8:36-52] External IP address server then processes the request message … transmits the new assigned IP address to network element 220d, which then forwards the new assigned IP address through the transport ring to the new network element (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)). Regarding claim 17, Dunsmore discloses: A method implemented a second node ([3:54-4:3] network element 120), the method comprising: receiving address allocation capability indication information from a first node ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements, see [FIG. 1] e.g. 120d to 120a, etc.), wherein the address allocation capability indication information indicates an address allocation capability of the first node ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements (i.e. has an address allocation capability)), wherein the address allocation capability indicates that the first node has an address allocation capability ([5:34-6:8] network element 120 may be designated as an IP address server … will transmit “IAmAnAddressServer” messages to network elements (i.e. has an address allocation capability)), the first node does not have an address allocation capability, or the first node has an address allocation proxy capability; and sending a first packet to the first node based on the address allocation capability indication information ([6:9-27] when the new network element 120a receives an “IAmAnAddressServer” message from network element 120d, net network element may respond to the message by requesting an IP address from network element … IP request message), wherein the first packet comprises a first address configuration message ([6:9-27] IP request message (i.e. first address configuration message) … identifies the origin of the IP request and … may specify the type of IP address needed by new network element), and wherein the first address configuration message is for allocating and releasing a first communication address for the second node ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node), see [9:57-10:3] dynamic IP address assignments … are permanent unless explicitly released). Regarding claim 20, Dunsmore discloses: The method of claim 17 further comprising receiving a second packet from the first node ([6:38-52] when network element 120d receives the IP address request message … network element 120d then transmits the new assigned IP address to the new network element 120a or 120b (i.e. request resolves in assigned address, e.g. message would allocate the communication address for the second node)), and wherein a packet type of the second packet is the same as a packet type of the first packet ([6:53-63] new network element communicates with other network elements in the transport ring using LSP (i.e. same type, e.g. entire network uses LSP)). 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. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunsmore et al. (US-8295204-B2) hereinafter Dunsmore in view of Lu et al. (US-7990891-B2) hereinafter Lu. Regarding claim 3, Dunsmore discloses: The method of claim 1, wherein sending the address allocation capability indication information comprises sending a adjacency protocol packet ([4:4-27] network elements 120 are coupled to one another by transport medium 160 … optical signals between network elements [5:34-6:8] “IAmAnAddressServer” messages (i.e. packet)), wherein the adjacency protocol packet comprises the address allocation capability indication information ([4:4-27] network elements 120 are coupled to one another by transport medium 160 … optical signals between network elements [5:34-6:8] “IAmAnAddressServer” messages (i.e. packet)). Dunsmore does not explicitly disclose: a wireless adjacency protocol packet, However, Lu discloses: a wireless adjacency protocol packet ([7:8-26] reception of a message LDBR (Leader Broadcast) notifying the presence of a leader node … discovery of its vicinity by broadcasting a message MBNS (Member Neighbor Solicitation) soliciting member nodes, to search for a member node … begins a procedure for allocating a pool of addresses by communicating with a leader node via the neighboring member node, and takes the role of new leader node (i.e. adjacency, e.g. neighbor), see [1:19-26] wireless communication technologies), It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Dunsmore in view of Lu to have utilized a wireless adjacency protocol packet. One of ordinary skill in the art would have been motivated to do so to use generally inexpensive wireless communication technologies such as for neighbor node searching (Lu, [1:19-26] [7:8-26]). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunsmore et al. (US-8295204-B2) hereinafter Dunsmore in view of Thubert et al. (US-12317375-B2) hereinafter Thubert. Regarding claim 9, Dunsmore discloses: The method of claim 8, wherein when the type is the second address type, the second address type is an extensible address type, an Internet Protocol version 4 (IPv4) address type ([5:65-6:8] identifies to network elements that network element 120d is designated as an address server capable of assigning IP addresses (e.g., IPv4)), or an Internet Protocol version 6 (IPv6) address type. Dunsmore does not explicitly disclose: wherein when the type is the first address type, the first address type is 2 bytes, However, Thubert discloses: wherein when the type is the first address type, the first address type is 2 bytes ([8:48-64] establish and allocate in operation a short address data structure … two-byte locally-significant address (LSA) allocated to a corresponding wireless network device), It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Dunsmore in view of Thubert to have the first address type being 2 bytes. One of ordinary skill in the art would have been motivated to do so to allocate a short address data structure such as a two-byte locally-significant address (Thubert, [8:48-64]). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunsmore et al. (US-8295204-B2) hereinafter Dunsmore in view of Thubert et al. (US-12317375-B2) hereinafter Thubert further in view of Huang et al. (US-12574318-B2) hereinafter Huang. Regarding claim 10, Dunsmore-Thubert disclose: The method of claim 9, set forth above, Dunsmore-Thubert do not explicitly disclose: wherein when the first communication address identifies an application, the first communication address is identifies at least one application on the second node, and wherein when the first communication address is an anycast address and identifies an application, the first communication address further identifies a first application on the second node and on another node. However, Huang discloses: wherein when the first communication address identifies an application, the first communication address is identifies at least one application on the second node ([19:22-39] anycast address is adopted herein to associate and identify a computing resource node group deployed by an application … host address list to which these computing resource nodes belong is associated with a specific anycast address), and wherein when the first communication address is an anycast address and identifies an application, the first communication address further identifies a first application on the second node and on another node ([19:22-39] anycast address is adopted herein to associate and identify a computing resource node group deployed by an application … host address list to which these computing resource nodes belong is associated with a specific anycast address … anycast address is used as a destination address, and the network performs computation/network converged selection among the group of computing resource nodes associated with the anycast address). It would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to modify the invention of Dunsmore-Thubert in view of Huang to have the first communication address identify at least one application on the second node or other nodes where the first communication address identifies an application. One of ordinary skill in the art would have been motivated to do so to provide a computation/network converged scheduling and routing process based on stateless computing resources in an Anycast-based network (Huang, [19:33-39]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Christian et al. (US-20140317296-A1) ALLOCATING INTERNET PROTOCOL (IP) ADDRESSES TO NODES IN COMMUNICATIONS NETWORKS WHICH USE INTEGRATED IS-IS Zhou et al. (CN-104104746-B) A Segmented Address Distribution Method Of Wireless Ad Hoc Network; Wei et al. (US-10375015-B2) Methods And System For Allocating An IP Address For An Instance In A Network Function Virtualization (NFV) System. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alex Tran whose telephone number is (571)272-8173. The examiner can normally be reached Monday-Friday 10AM-6PM ET. 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, Kamal Divecha can be reached at (571)272-5863. 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. /Alex Tran/Primary Examiner, Art Unit 2453
Read full office action

Prosecution Timeline

Jan 29, 2025
Application Filed
Mar 11, 2025
Response after Non-Final Action
Aug 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
93%
With Interview (+30.2%)
2y 8m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 183 resolved cases by this examiner. Grant probability derived from career allowance rate.

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