Prosecution Insights
Last updated: October 23, 2026
Application No. 19/063,380

Network path state detection

Non-Final OA §103
Filed
Feb 26, 2025
Priority
Mar 06, 2024 — provisional 63/561,753
Examiner
NGUYEN, HAO HONG
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Mellanox Technologies Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
212 granted / 314 resolved
+9.5% vs TC avg
Strong +38% interview lift
Without
With
+37.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
30 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
10.2%
-29.8% vs TC avg
§103
65.1%
+25.1% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 314 resolved cases

Office Action

§103
DETAILED ACTION Applicant’s Application filed on February 26, 2025 has been reviewed. Claims 1-32 have been examined. 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 . 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. Claim Objections Claim 24 and 30 are objected to because of the following informalities: In claim 24, at line 3, “the receiver packets” should be changed to “the [[receiver]]received packets”. In claim 30, at line 4, “the telemetry data” should be changed to “[[the]] telemetry data”. 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 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2, 4-7, 9-10, 12-21, 23-29 and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Debbage et al. (US 2021/0119930 A1), hereinafter referred to as Debbage, in view of Radunovic et al. (US 2010/0027424 A1), hereinafter referred to as Radunovic. With respect to claim 1, Debbage teaches A sender node (sender NIC 602, para. 0085-0086; fig. 6), comprising: packet processing circuitry (processors 1404, para. 0208; fig. 14) to associate at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; The transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11), wherein: the path identifiers identify paths from the sender node to receiver nodes (a path can be identified by a path identifier, para. 0073; path descriptor for UDP encapsulation can include a path ID; a path ID can also be included in the RL header, so its use in the path descriptor is for path discrimination in the network, para. 0107; providing a path identifier identifying one of multiple paths from the network interface to a destination and Path Sequence Number (PSN) for the packet, para. 0244); and an interface (network interface, para. 0208; fig. 14) to send the packets with the associated packet sequence numbers and path identifiers to the receiver nodes (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6). Debbage does not explicitly teach associate, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets, However, Radunovic associate, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063), Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). With respect to claim 2, Debbage teaches The sender node according to claim 1, wherein the packet processing circuitry is to add the path identifiers and the per-path packet sequence numbers to packet headers of the packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; the transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11). Further, Radunovic teaches add the path identifiers and the per-path packet sequence numbers to packet headers of the packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). With respect to claim 4, Debbage teaches The sender node according to claim 1, wherein the interface is to send the packets over a network to the receiver nodes which include at least one endpoint device, the sender node being a network switch or an endpoint device (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 5, Debbage teaches The sender node according to claim 1, wherein the interface is to send the packets over a network to the receiver nodes, the receiver nodes including at least one network switch (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 6, Debbage teaches The sender node according to claim 5, wherein the sender node is a network switch (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 7, Debbage teaches The sender node according to claim 1, wherein the sender node is comprised in an input port of a network switch, and the receiver nodes are comprised in respective output ports of the network switch, the path identifiers identifying the paths between the input port and the output ports of the switch (in a packet header, a source port used to support multipaths and destination port used to identify RL packets using a well-known port number, para. 0033; each path is associated with a different five-tuple with UDP.SrcPort being one of the variants; a path ID is maintained at the end nodes to enforce policies associated with a chosen source port, para. 0071; a path descriptor (e.g., 16b) can be carried in a source port field, para. 0078; packets transmitted as packets with a specified a destination port number, para. 0073). With respect to claim 9, Debbage teaches A receiver node (receiver NIC 620, para. 0089; fig. 7), comprising: an interface (network interface, para. 0208; fig. 14) to receive from sender nodes packets with associated path identifiers and per-path packet sequence numbers (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; NIC 620 receives all packets P0, P1, P2, P3, P4, Q0, R0, Q1 and Q2. Acknowledgement (ACK) manager 622 can generate acknowledgements (ACKs) and selective acknowledgements (SACKs) in accordance with embodiments described herein to inform NIC 602 that a packet was received or to resend one or more packets, para. 0088), and packet processing circuitry (processors 1404, para. 0208; fig. 14) to: analyze the received packets based on the at least portion of the packet sequence numbers and the at least portion of the path identifiers (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; If a PSN is less than a PSN already received, the packet can be discarded. The receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12); and determine data indicative of states of paths identified by the path identifiers based on the analysis of the received packets (ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received; An ACK packet can carry an acknowledgement of the highest PSN seen on each path by a receiver, para. 0118; the receiver record per path state such as highest Path Sequence Number received; Ack Sequence Number generated to validate acks; or list of Ack Excluded Ranges such as ranges of PSNs not received (or at least partially not received), and packets requested to be retransmitted, para. 0139; fig. 10). Debbage does not explicitly teach at least a portion of the path identifiers and at least a portion of the packet sequence numbers being associated at layer 2 or 3 of Open Systems Interconnection (OSI) model with the packets; analyze the received packets at the layer 2 or 3; determine data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets. However, Radunovic teaches at least a portion of the path identifiers and at least a portion of the packet sequence numbers being associated at layer 2 or 3 of Open Systems Interconnection (OSI) model with the packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8); analyze the received packets at the layer 2 or 3 (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8); determine data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 10, Debbage teaches The receiver node according to claim 9 , wherein the path identifiers and the per-path packet sequence numbers are received from the sender nodes in packet headers of the packets (sender NIC 602l can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; The transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11). Further, Radunovic teaches wherein the path identifiers and the per-path packet sequence numbers are received from the sender nodes in packet headers of the packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 12, Debbage teaches The receiver node according to claim 9, wherein the packet processing circuitry is to: identify packet loss between the sender nodes and the receiver node based on the packet sequence numbers (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; if the PSN is not the next sequential value after the highest PSN received, the receiver can accept the packet and send a selective ack immediately without accumulating acks across a time window, to trigger a resend of any missing packet(s), para. 0112); and determine the data indicative of the states of the paths based on the identified packet loss (a determination can be made as to whether a gap in Path Sequence Numbers is detected, para. 0202; using of an overflow range result in unnecessary retransmission of some packets that were already received, but all missing packets can be included in some range; hence forward progress assured so long as packets have a non-zero chance of getting through on some path, para. 0116; ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received, and for a selective ack, a copy of the per-path partial scoreboard (e.g., 3 ranges, with overflow flags); an ACK packet carry an acknowledgement of the highest PSN seen on each path by a receiver; for a “selective” ack that requests retransmission of packets associated with some PSNs, the ACK header list the ack excluded ranges, para. 0118). Further, Radunovic teaches identify packet loss between the sender nodes and the receiver node based on the packet sequence numbers at layer 2 or 3 (the delayed packet have been lost, e.g. due to a wireless error; the subsequently received packet is only delivered without additional delay (i.e. avoiding block 503) if all of the earlier packets which have not been received are considered to be lost (`Yes` in block 601), para. 0058; ach packet in a flow transmitted over a particular link may be labeled sequentially (PLID, field 808) used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0079; a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053); Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 13, Debbage teaches The receiver node according to claim 9, wherein the packet processing circuitry is to: generate telemetry data indicative of the states of the paths identified by the path identifiers based on the analysis of the received packets (ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received; An ACK packet can carry an acknowledgement of the highest PSN seen on each path by a receiver, para. 0118; the receiver record per path state such as highest Path Sequence Number received; Ack Sequence Number generated to validate acks; or list of Ack Excluded Ranges such as ranges of PSNs not received (or at least partially not received), and packets requested to be retransmitted, para. 0139; fig. 10); and provide the telemetry data to a collector to perform network analysis (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; if a PSN is less than a PSN already received, the packet can be discarded; the receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12). With respect to claim 14, Debbage teaches The receiver node according to claim 9, wherein the packet processing circuitry is to generate congestion control data based on a state of a given one of the paths based on the analysis of the received packets (the receiver NIC can process switch generated hint packets; based on the amount of congestion detected on the path, the receiver NIC can set up and adjust QoS setting in the transmit schedulers, para. 0190; BECN Backward Explicit Congestion Notification. Carries: Path ID (from transmitter to receiver) whose congestion level is being reported (4 bits) congestion level at path bottleneck (or most-used link) (8 bits) , para. 0096; fig. 10; notifying at least of the following events, at minimum: Backward explicit congestion notification (BECN), packet drops and retransmission, or packet acknowledgement, para. 0143; explicit notifications of congestion on a link that can be applied to all paths traversing that link, para. 0144). Further, Radunovic teaches generate congestion data based on a state of a given one of the paths based on the analysis at the layer 2 or 3 of the received packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 15, Debbage teaches The receiver node according to claim 9, wherein the packet processing circuitry is to request retransmission of one or more given packets based on a state of a given one of the paths based on the analysis of the received packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; the transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11; if the PSN is not the next sequential value after the highest PSN received, the receiver can accept the packet and send a selective ack immediately without accumulating acks across a time window, to trigger a resend of any missing packet(s), para. 0112). Further, Radunovic teaches request retransmission of one or more given packets based on a state of a given one of the paths based on the analysis at the layer 2 or 3 of the received packets (after three packets (p.sub.2, p.sub.3, p.sub.4) are delivered out of order triple duplicate ACKs will be sent, and TCP sender will retransmit p.sub.1 and halve the congestion window, para. 0056; a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 16, Debbage teaches The receiver node according to claim 9, wherein the interface is to receive the packets over a network from the sender nodes, the sender nodes including at least one endpoint device, the receiver node being a network switch or an endpoint device (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 17, Debbage teaches The receiver node according to claim 9, wherein the interface is to receive the packets over a network from the sender nodes, the sender nodes including at least one network switch (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 18, Debbage teaches The receiver node according to claim 17, wherein the receiver node is a network switch (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 19, Debbage teaches The receiver node according to claim 9, wherein the sender nodes are comprised in respective input ports of a network switch, and the receiver node is comprised in an output port of the network switch, wherein the path identifiers identify the paths between the input ports and the output port of the switch (in a packet header, a source port used to support multipaths and destination port used to identify RL packets using a well-known port number, para. 0033; each path is associated with a different five-tuple with UDP.SrcPort being one of the variants; a path ID is maintained at the end nodes to enforce policies associated with a chosen source port, para. 0071; a path descriptor (e.g., 16b) can be carried in a source port field, para. 0078; packets transmitted as packets with a specified a destination port number, para. 0073). With respect to claim 20, Debbage teaches A system, comprising: sender nodes (sender NIC 602, para. 0085-0086; fig. 6) to: associate at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; The transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11), wherein: the path identifiers identify paths from the sender nodes to receiver nodes (a path can be identified by a path identifier, para. 0073; path descriptor for UDP encapsulation can include a path ID; a path ID can also be included in the RL header, so its use in the path descriptor is for path discrimination in the network, para. 0107; providing a path identifier identifying one of multiple paths from the network interface to a destination and Path Sequence Number (PSN) for the packet, para. 0244); and send the packets with the associated packet sequence numbers and path identifiers to the receiver nodes (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6); and receiver nodes (receiver NIC 620, para. 0089; fig. 7) to: receive from the sender nodes the packets with the associated path identifiers and per-path packet sequence numbers (sender NIC 602l can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; NIC 620 receives all packets P0, P1, P2, P3, P4, Q0, R0, Q1 and Q2. Acknowledgement (ACK) manager 622 can generate acknowledgements (ACKs) and selective acknowledgements (SACKs) in accordance with embodiments described herein to inform NIC 602 that a packet was received or to resend one or more packets, para. 0088); analyze the received packets based on the at least a portion of the packet sequence numbers and the at least a portion of the path identifiers (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; if a PSN is less than a PSN already received, the packet can be discarded; the receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12); and determine data indicative of states of paths identified by the path identifiers based on the analysis of the received packets (ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received; An ACK packet can carry an acknowledgement of the highest PSN seen on each path by a receiver, para. 0118; the receiver record per path state such as highest Path Sequence Number received; Ack Sequence Number generated to validate acks; or list of Ack Excluded Ranges such as ranges of PSNs not received (or at least partially not received), and packets requested to be retransmitted, para. 0139; fig. 10). Debbage does not explicitly teach sender nodes to: associate, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets, receiver nodes to: analyze the received packets at the layer 2 or 3; determine data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets. However, Radunovic teaches sender nodes to: associate, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8), receiver nodes to: analyze the received packets at the layer 2 or 3 (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8); determine data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 21, Debbage teaches The system according to claim 20, wherein the sender nodes are to add the path identifiers and the per-path packet sequence numbers to packet headers of the packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; The transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11). Further, Radunovic teaches add the path identifiers and the per-path packet sequence numbers to packet headers of the packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063), Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). With respect to claim 23, Debbage teaches The system according to claim 20, wherein at least one of the receiver nodes is to: identify packet loss between the sender nodes and the at least one receiver node based on the packet sequence numbers (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; if the PSN is not the next sequential value after the highest PSN received, the receiver can accept the packet and send a selective ack immediately without accumulating acks across a time window, to trigger a resend of any missing packet(s), para. 0112); and determine the data indicative of the states of the paths based on the identified packet loss (a determination can be made as to whether a gap in Path Sequence Numbers is detected, para. 0202; using of an overflow range result in unnecessary retransmission of some packets that were already received, but all missing packets can be included in some range; hence forward progress assured so long as packets have a non-zero chance of getting through on some path, para. 0116; ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received, and for a selective ack, a copy of the per-path partial scoreboard (e.g., 3 ranges, with overflow flags); an ACK packet carry an acknowledgement of the highest PSN seen on each path by a receiver; for a “selective” ack that requests retransmission of packets associated with some PSNs, the ACK header list the ack excluded ranges, para. 0118). Further, Radunovic teaches identify packet loss between the sender nodes and the receiver node based on the packet sequence numbers at layer 2 or 3 (the delayed packet have been lost, e.g. due to a wireless error; the subsequently received packet is only delivered without additional delay (i.e. avoiding block 503) if all of the earlier packets which have not been received are considered to be lost (`Yes` in block 601), para. 0058; ach packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808) used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0079; a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053); Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 24, Debbage teaches The system according to claim 20, wherein the receiver nodes are to: generate telemetry data indicative of the states of the paths identified by the path identifiers based on the analysis of the receiver packets (ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received; An ACK packet can carry an acknowledgement of the highest PSN seen on each path by a receiver, para. 0118; the receiver record per path state such as highest Path Sequence Number received; Ack Sequence Number generated to validate acks; or list of Ack Excluded Ranges such as ranges of PSNs not received (or at least partially not received), and packets requested to be retransmitted, para. 0139; fig. 10); and provide the telemetry data to a collector to perform network analysis (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; if a PSN is less than a PSN already received, the packet can be discarded; the receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12). With respect to claim 25, Debbage teaches The system according to claim 20, wherein at least one of the receiver nodes is to generate congestion control data based on at least one state of at least one given one of the paths based on the analysis of the received packets (the receiver NIC can process switch generated hint packets; based on the amount of congestion detected on the path, the receiver NIC can set up and adjust QoS setting in the transmit schedulers, para. 0190; BECN Backward Explicit Congestion Notification. Carries: Path ID (from transmitter to receiver) whose congestion level is being reported (4 bits) congestion level at path bottleneck (or most-used link) (8 bits) , para. 0096; fig. 10; notifying at least of the following events, at minimum: Backward explicit congestion notification (BECN), packet drops and retransmission, or packet acknowledgement, para. 0143; explicit notifications of congestion on a link that can be applied to all paths traversing that link, para. 0144). Further, Radunovic teaches generate congestion data based on a state of a given one of the paths based on the analysis at the layer 2 or 3 of the received packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 26, Debbage teaches The system according to claim 20, wherein at least one of the receiver nodes is to request retransmission of one or more given packets based on at least one state of at least one given one of the paths based on the analysis of the received packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; the transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11; if the PSN is not the next sequential value after the highest PSN received, the receiver can accept the packet and send a selective ack immediately without accumulating acks across a time window, to trigger a resend of any missing packet(s), para. 0112). Further, Radunovic teaches request retransmission of one or more given packets based on a state of a given one of the paths based on the analysis at the layer 2 or 3 of the received packets (after three packets (p.sub.2, p.sub.3, p.sub.4) are delivered out of order triple duplicate ACKs will be sent, and TCP sender will retransmit p.sub.1 and halve the congestion window, para. 0056; a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). With respect to claim 27, Debbage teaches The system according to claim 20, wherein the receiver nodes are to receive the packets over a network from the sender nodes, the sender nodes including at least one endpoint device, the receiver nodes including at least one network switch or at least one endpoint device (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 28, Debbage teaches The system according to claim 20, wherein the receiver nodes are to receive the packets over a network from the sender nodes, the sender nodes including at least one network switch (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620 [receiver/endpoint]; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 29, Debbage teaches The system according to claim 28, wherein the receiver nodes include at least one network switch (sender NIC 602 [sender/endpoint] can choose a path; assign the packet a next Path Sequence Number (PSN) for that path, para. 0085; packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1, para. 0086; fig. 6; Network interface 1400 including transceiver 1402, para. 0208; fig. 14). With respect to claim 31, Debbage teaches A method at a sender node (sender NIC 602, para. 0085-0086; fig. 6), comprising: associating at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; The transmitter can record or store a GSN and a packet descriptor for the pair (path ID, PSN) to be used if a packet is to be retransmitted, para. 0195; fig. 11), wherein: the path identifiers identify paths from the sender node to receiver nodes (a path can be identified by a path identifier, para. 0073; path descriptor for UDP encapsulation can include a path ID; a path ID can also be included in the RL header, so its use in the path descriptor is for path discrimination in the network, para. 0107; providing a path identifier identifying one of multiple paths from the network interface to a destination and Path Sequence Number (PSN) for the packet, para. 0244); and sending the packets with the associated packet sequence numbers and path identifiers to the receiver nodes (packets P0 and P1 and R0 and Q1 (in that order) can be transmitted through a path 0 through switch 610-0 to NIC 620; packets P2 and P4 can be transmitted (in that order) through a path 1 through switch 610-1 to NIC 620, para. 0086; fig. 6). Debbage does not explicitly teach associating, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets, However, Radunovic associating, at layer 2 or 3 of Open Systems Interconnection (OSI) model, at least a portion of path identifiers and at least a portion of per-path packet sequence numbers with packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063), Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the method of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). With respect to claim 32, Debbage teaches A method at a receiver node (receiver NIC 620, para. 0089; fig. 7), comprising: receiving from sender nodes packets with associated path identifiers and per-path packet sequence numbers(sender NIC 602 can choose a path; assign the packet a next Path Sequence Number (PSN) for that path and record GSN and packet descriptor for that (path ID, PSN) pair, para. 0085-0086; fig. 6; NIC 620 receives all packets P0, P1, P2, P3, P4, Q0, R0, Q1 and Q2; Acknowledgement (ACK) manager 622 can generate acknowledgements (ACKs) and selective acknowledgements (SACKs) in accordance with embodiments described herein to inform NIC 602 that a packet was received or to resend one or more packets, para. 0088), at least a portion of the path identifiers and at least a portion of the packet sequence numbers being associated at layer 2 or 3 of Open Systems Interconnection (OSI) model with the packets (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; If a PSN is less than a PSN already received, the packet can be discarded. The receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12); analyzing the received packets based on the at least portion of the packet sequence numbers and the at least portion of the path identifiers (when a data packet arrives, a receiver can (1) validate the packet and ignore it if errored or stale and (2) compare a received PSN with highest PSN received; If a PSN is less than a PSN already received, the packet can be discarded. The receiver can also clear the per-path scoreboard of missing packets, up to the new PSN_Base, to stop sending selective acks for those packets, para. 0112; figs. 7 and 12); and determining data indicative of states of paths identified by the path identifiers based on the analysis of the received packets (ACK/SACK optional headers can include the Path ID being acknowledged, with the highest PSN received; An ACK packet can carry an acknowledgement of the highest PSN seen on each path by a receiver, para. 0118; the receiver record per path state such as highest Path Sequence Number received; Ack Sequence Number generated to validate acks; or list of Ack Excluded Ranges such as ranges of PSNs not received (or at least partially not received), and packets requested to be retransmitted, para. 0139; fig. 10). Debbage does not explicitly teach at least a portion of the path identifiers and at least a portion of the packet sequence numbers being associated at layer 2 or 3 of Open Systems Interconnection (OSI) model with the packets; analyzing the received packets at the layer 2 or 3; determining data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets. However, Radunovic teaches at least a portion of the path identifiers and at least a portion of the packet sequence numbers being associated at layer 2 or 3 of Open Systems Interconnection (OSI) model with the packets (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8); analyzing the received packets at the layer 2 or 3 (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8); determining data indicative of states of paths based on the analysis at layer 2 or 3 of the received packets (implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8; each packet in a flow transmitted over a particular link labeled sequentially (PLID, field 808); this field used to detect packet loss because as all packets in the sequence traverse the same link and ordering on each path is guaranteed, if a PLID is missing, the packet is lost and not delayed, para. 0064, 0067 and 0079; figs. 5 and 8) in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the method of Debbage in order to improve the performance of TCP in a multipath routing environment as taught by Radunovic (para. 0053). Claims 3, 8, 11 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Debbage et al. (US 2021/0119930 A1), hereinafter referred to as Debbage, in view of Radunovic et al. (US 2010/0027424 A1), hereinafter referred to as Radunovic, and further in view of Dara et al. (US 2017/0366456 A1), hereinafter referred to as Dara. With respect to claim 3, Debbage in view of Radunovic teaches The sender node according to claim 1 as described above, Further, Radunovic teaches wherein the packet processing circuitry is to add the path identifiers and the per-path packet sequence numbers to associated with packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Debbage in view of Radunovic does not explicitly teach wherein the packet processing circuitry is to add the path identifiers and the per-path packet sequence numbers to metadata associated with packets. However, Dara teaches wherein the packet processing circuitry is to add the path identifiers and the per-path packet sequence numbers to metadata associated with packets (receiving a unique identifier from a controller; receiving a packet; identifying a hop number for the network element; identifying a unique identifier for the network element; determining a path identifier based on the hop number and the unique identifier; augmenting the packet metadata with the path identifier; and transmitting the packet to a next network element, para. 0010) in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). Therefore, based on Debbage in view of Radunovic, and further in view of Dara, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Dara to the node of Debbage in view of Radunovic in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). With respect to claim 8, Debbage in view of Radunovic teaches The sender node according to claim 1 as described above, Debbage in view of Radunovic does not explicitly teach wherein: the interface is to receive the packets from other nodes in a network; and the packet processing circuitry is to augment existing path identifiers of the packets based on the paths between the sender node and the receiver nodes of the packets. However, Dara teaches wherein: the interface is to receive the packets from other nodes in a network (the packet can be received at a network element, such as an egress node (402). The egress node can identify a path identifier from the packet metadata (404). The egress node can extrapolate the path (i.e., trail of the packet) from the path identifier (406), para. 0071; fig. 4); and the packet processing circuitry is to augment existing path identifiers of the packets based on the paths between the sender node and the receiver nodes of the packets (augmenting metadata of a network service header, receiving a packet; identifying a path identifier value from the packet metadata; extrapolating a path traversed by the packet based on the path identifier, para. 0013) in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). Therefore, based on Debbage in view of Radunovic, and further in view of Dara, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Dara to the node of Debbage in view of Radunovic in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). With respect to claim 11, Debbage in view of Radunovic teaches The receiver node according to claim 9 as described above, Further, Radunovic teaches wherein the path identifiers and the per-path packet sequence numbers are included associated with packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the node of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Debbage in view of Radunovic does not explicitly teach wherein the path identifiers and the per-path packet sequence numbers are included in metadata associated with packets. However, Dara teaches wherein the path identifiers and the per-path packet sequence numbers are included in metadata associated with packets (receiving a unique identifier from a controller; receiving a packet; identifying a hop number for the network element; identifying a unique identifier for the network element; determining a path identifier based on the hop number and the unique identifier; augmenting the packet metadata with the path identifier; and transmitting the packet to a next network element, para. 0010) in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). Therefore, based on Debbage in view of Radunovic, and further in view of Dara, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Dara to the node of Debbage in view of Radunovic in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). With respect to claim 22, Debbage in view of Radunovic teaches The system according to claim 20 as described above, Further, Radunovic teaches wherein the sender nodes are to add the path identifiers and the per-path packet sequence numbers to associated with packets at layer 2 or 3 (a header 800 which added to packets between the Ethernet and IP headers by the Horizon layer 701 implemented at layer 2.X between the IP layer 702 and the link layer 703, para. 0061 and 0067; figs. 7-8; PathID 807: an identifier for the path used by the packet and PLID 808: the packet sequence number per link and per flow, para. 0075-0076; fig. 8) in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Therefore, based on Debbage in view of Radunovic, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Radunovic to the system of Debbage in order to allow for insertion and extraction of packets in the receive/transmit data path of TCP as taught by Radunovic (para. 0063). Debbage in view of Radunovic does not explicitly teach wherein the sender nodes are to add the path identifiers and the per-path packet sequence numbers to metadata associated with packets. However, Dara teaches wherein the sender nodes are to add the path identifiers and the per-path packet sequence numbers to metadata associated with packets (receiving a unique identifier from a controller; receiving a packet; identifying a hop number for the network element; identifying a unique identifier for the network element; determining a path identifier based on the hop number and the unique identifier; augmenting the packet metadata with the path identifier; and transmitting the packet to a next network element, para. 0010) in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). Therefore, based on Debbage in view of Radunovic, and further in view of Dara, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Dara to the system of Debbage in view of Radunovic in order to desire to know the path a packet traverses for network planning or troubleshooting purposes as taught by Dara (para. 0002). Claims 30 is rejected under 35 U.S.C. 103 as being unpatentable over Debbage et al. (US 2021/0119930 A1), hereinafter referred to as Debbage, in view of Radunovic et al. (US 2010/0027424 A1), hereinafter referred to as Radunovic, and further in view of Banka et al. (US 2022/0166663 A1), hereinafter referred to as Banka. With respect to claim 30, Debbage in view of Radunovic teaches The system according to claim 20 as described above, Debbage in view of Radunovic does not explicitly teach further comprising an orchestration node to: define an initial set of the sender nodes and the receiver nodes for collection of an initial set of the telemetry data indicative of the state of some of the paths; receive the initial set of the telemetry data; analyze the initial set of the telemetry data to determine that a given path is unhealthy; define another set of the sender nodes and the receiver nodes to generate an additional set of the telemetry data with respect to possible sub-paths of the given path; receive the additional set of the telemetry data; and analyze the additional set of the telemetry data of the sub-paths to determine that one of the sub-paths is unhealthy. However, Banka teaches further comprising an orchestration node (SDN controller 14, para. 0031) to: define an initial set of the sender nodes and the receiver nodes for collection of an initial set of the telemetry data indicative of the state of some of the paths (the metrics carried by probe packets may include one or more of timestamps for sending or receiving a test packet, error estimates for sending or receiving the test packet, a sequence number for sending the test packet; the one-way and two-way network performance measurements include keepalive or path connectivity, round trip time (RTT), path delay, packet jitter, packet re-ordering, packet loss, service latency measurements, or service load measurements based on the received metrics, para. 0034); receive the initial set of the telemetry data (SDN controller 14 receive, from the selected nodes, one or more QoE metrics and use the one or more QoE metrics to determine whether paths in the network have any problems (e.g., anomalies), para. 0046; fig. 5; also see para. 0089-0090); analyze the initial set of the telemetry data to determine that a given path is unhealthy (SDN controller 320 compute a baseline latency value of 40 milliseconds (ms). If probe 310 measures a latency of 100 ms and probe 312 measures a latency of 120 ms, SDN controller 320 determine each of the paths has an anomaly because the measured latency deviates from the baseline latency value, para. 0091; fig. 5); define another set of the sender nodes and the receiver nodes to generate an additional set of the telemetry data with respect to possible sub-paths of the given path (determining whether the wireless link is the root cause of the packet loss, SDN controller 320 configure the edge computing device, e.g., node 302B, to send an additional probe packet, e.g., probe packet 314, to measure the loss metric on the wireless link to determine whether the wireless link is the root cause of the loss anomaly, para. 0093); receive the additional set of the telemetry data (determining whether the wireless link is the root cause of the packet loss, SDN controller 320 configure the edge computing device, e.g., node 302B, to send an additional probe packet, e.g., probe packet 314, to measure the loss metric on the wireless link to determine whether the wireless link is the root cause of the loss anomaly, para. 0093); and analyze the additional set of the telemetry data of the sub-paths to determine that one of the sub-paths is unhealthy (determining whether the wireless link is the root cause of the packet loss, SDN controller 320 configure the edge computing device, e.g., node 302B, to send an additional probe packet, e.g., probe packet 314, to measure the loss metric on the wireless link to determine whether the wireless link is the root cause of the loss anomaly, para. 0093) in order to detect anomalies within a network by sending probe packets through the network to measure Quality of Experience (QoE) metrics such as latency, jitter, packet-loss and any other metrics as taught by Banka (para. 0003). Therefore, based on Debbage in view of Radunovic, and further in view of Banka, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Banka to the system of Debbage in view of Radunovic in order to detect anomalies within a network by sending probe packets through the network to measure Quality of Experience (QoE) metrics such as latency, jitter, packet-loss and any other metrics as taught by Banka (para. 0003). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAO NGUYEN whose telephone number is (571)272-2666. The examiner can normally be reached on Monday through Friday from 7:30 A.M. to 4:00 P.M. (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joon H. Hwang can be reached on 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /H.H.N/Examiner, Art Unit 2447 October 6, 2026 /JOON H HWANG/Supervisory Patent Examiner, Art Unit 2447
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Prosecution Timeline

Feb 26, 2025
Application Filed
Oct 09, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+37.9%)
2y 11m (~1y 3m remaining)
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