Prosecution Insights
Last updated: October 26, 2026
Application No. 19/064,998

DATA TRANSMISSION METHOD AND APPARATUS

Final Rejection §102§103
Filed
Feb 27, 2025
Priority
Aug 30, 2022 — CN 202211047101.5 +1 more
Examiner
ROBINSON, CHRISTOPHER B
Art Unit
2443
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
449 granted / 503 resolved
+31.3% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 503 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status This actions is responsive to communication filed on 08/12/2026. Claim(s) 1-4, 6, 11-14, 16 and 20 have been amended. Claim(s) 1-20 are currently pending examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The Applicant filed amendment(s) to the claim(s) on 08/12/2026 to remedy the rejection(s). Response to Arguments Applicant’s arguments, see Page(s) 12-14, filed 08/12/2026, with respect to Claim(s) 1-20 have been fully considered and are persuasive. The 35 U.S.C. 112(b) Rejection of Claim(s) 1-20 has been withdrawn. Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Allowable Subject Matter Claim(s) 6-8, 16-18 is/are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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)(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, 10-11, 20 is/are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Swander et al. (US 2005/0022011 A1). Re Claim 1, 11 & 20, Swander teaches a data transmission method, comprising: invoking a protocol stack by a first service during communication between the first service and a second service; (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; A browser request (first service) web content from another network device hosting an application (second service) by issuing its request to the stack’s HTTP/data stream layer.) obtaining, by the protocol stack, first application information of a service packet transmitted between a first service and a second service, wherein the first application information comprises application layer information; and (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; The stack data stream layer obtains URL information from the packet payload and adds the data to it’s packet context.) processing, by the protocol stack, the service packet based on the first application information and a first control policy library, (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; A stack processes related packets based on policy and application related data.) wherein the first control policy library indicates a manner for processing the service packet, and (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; Policy has data with instructions on processing service related packets.) wherein the processing the service packet is performed without establishing an additional communication link between the first service and the second service. (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; Processing data packets associated with the services.) Re Claim 10, Swander discloses the method according to claim 1, wherein the first control policy library comprises a traffic management rule. (Swander; FIG. 1-13; Background, Summary, ¶ [0055]-[0080]; Polices related to data packet management.) 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) 2-3, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swander et al. (US 2005/0022011 A1) and further in view of Lynch et al. (US 2013/0124738 A1). Re Claim 2 & 12, Swander discloses the method according to claim 1, yet does not explicitly suggest wherein before the obtaining the service packet transmitted between the first service and the second service, the method further comprises: obtaining a link establishment request initiated by the first service, wherein the link establishment request is used to request to establish a communication link between the first service and the second service; and returning link establishment success indication information to the first service, wherein before the link establishment success indication information is returned to the first service, no communication link is actually established between the first service and the second service. However, in analogous art, Lynch teaches wherein before the obtaining the service packet transmitted between the first service and the second service, the method further comprises: obtaining a link establishment request initiated by the first service, (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; A connection (link) request.) wherein the link establishment request is used to request to establish a communication link between the first service and the second service; and (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; The connection request (link) is used to establish a connection between an application and browser.) returning link establishment success indication information to the first service, (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; Success transmission of connection.) wherein before the link establishment success indication information is returned to the first service, no communication link is actually established between the first service and the second service. (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; Establishing the connection, sending the message before connection.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Swander in view of Lynch to establish connections between services for the reasons of creating a method of identifying and enabling communication links for traffic content management. (Lynch Abstract & Summary) Re Claim 3 & 13, Swander-Lynch discloses the method according to claim 2, wherein the processing the service packet based on the first application information and the first control policy library comprises: subsequently establishing the communication link between the first service and the second service when the first application information meets a first rule in the first control policy library, (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; The establishment of communication links based on rules/polices related to the application information.) wherein the first rule indicates that the first service is allowed to access the second service, and (Swander; FIG. 1-13; Background, Summary, ¶ [0028]-[0032], [0055]-[0065], [0191]-[0210]; URL based permit/block control.) the communication link is used to transmit the service packet. (Lynch; FIG. 1-15; Background, Summary, ¶ [0063]-[0075], [0080]-[0094]; Communication link for the transmission of packets.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Swander in view of Lynch to establish connections between services for the reasons of creating a method of identifying and enabling communication links for traffic content management. (Lynch Abstract & Summary) Claim(s) 4 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swander et al. (US 2005/0022011 A1), in view of Lynch et al. (US 2013/0124738 A1) and further in view of Freemantle et al. (US 2007/0005777 A1). Re Claim 4 & 14, Swander-Lynch discloses the method according to claim 3, yet does not explicitly suggest wherein the establishing the communication link between the first service and the second service when the first application information meets the first rule in the first control policy library comprises: when the first application information meets the first rule and a second rule in the first control policy library, adjusting link information of the service packet according to the second rule, wherein the second rule indicates to adjust the service packet, and wherein the adjusting comprises determining a target second service instance in the second service based on the first application information and the second rule, the target second service instance being configured to provide a service for the first service, and adjusting the link information based on address information of the target second service instance; and establishing the communication link between the first service and the second service, wherein the communication link is used to transmit the adjusted service packet. However, in analogous art, Freemantle teaches wherein the establishing the communication link between the first service and the second service when the first application information meets the first rule in the first control policy library comprises: when the first application information meets the first rule and a second rule in the first control policy library, (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; The application data meets policy rules.) adjusting link information of the service packet according to the second rule, wherein the second rule indicates to adjust the service packet, and (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; The policy, application data can be used to implement an alternative and redirected link to provide the service.) wherein the adjusting comprises determining a target second service instance in the second service based on the first application information and the second rule, (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; A alternative to provide the service based on the application related data and policies.) the target second service instance being configured to provide a service for the first service, and (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; Provide the service.) adjusting the link information based on address information of the target second service instance; and (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; Selecting an alternative.) establishing the communication link between the first service and the second service, (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; Establishing a communication link.) wherein the communication link is used to transmit the adjusted service packet. (Freemantle; FIG. 1-6; Background, Summary, ¶ [0030]-[0041]; Transmitting data.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Swander-Lynch in view of Freemantle to establish connections between services for the reasons of service request between a service and a client device. (Freemantle Abstract) Claim(s) 5 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swander et al. (US 2005/0022011 A1), in view of Lynch et al. (US 2013/0124738 A1) and further in view of SHARMA et al. (US 2015/0172153 A1). Re Claim 5 & 15, Swander-Lynch discloses the method according to claim 3, yet does not explicitly suggest wherein the processing the service packet based on the first application information and a first control policy library comprises: returning first error information to the first service when the first application information does not meet the first rule, wherein the first error information indicates that the service packet cannot be sent to the second service. However, in analogous art, SHARMA teaches wherein the processing the service packet based on the first application information and a first control policy library comprises: returning first error information to the first service when the first application information does not meet the first rule, wherein the first error information indicates that the service packet cannot be sent to the second service. (SHARMA; FIG. 1-8; Background, Summary, ¶ [0041]-[0055]; The embodiment(s) detail socket connection denial and the application receives an unsuccessful connection notification.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Swander-Lynch in view of SHARMA to establish connections between services for the reasons of filtering socket connection requests in network. (SHARMA Abstract & Summary) Claim(s) 9 & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swander et al. (US 2005/0022011 A1) and further in view of DU et al. (US 2023/0073796 A1). Re Claim 9 & 19, Swander discloses the method according to claim 1, yet does not explicitly suggest wherein the service packet is sent by the second service to the first service, and the processing the service packet based on the first application information and a first control policy library comprises: when sequence numbers of the service packets are out of order, performing at least one of the following operations based on the first application information and the first control policy library: reassembling the sequence numbers or discarding the service packets. However, in analogous art, DU teaches wherein the service packet is sent by the second service to the first service, and the processing the service packet based on the first application information and a first control policy library comprises: when sequence numbers of the service packets are out of order, (DU; FIG. 1-6; Background, Summary, ¶ [0037]-[0049], [0054]-[0070]; The embodiment(s) detail out of orders packets.) performing at least one of the following operations based on the first application information and the first control policy library: (DU; FIG. 1-6; Background, Summary, ¶ [0037]-[0049], [0054]-[0070]; Operating based on rules and application related data.) reassembling the sequence numbers or discarding the service packets. (DU; FIG. 1-6; Background, Summary, ¶ [0037]-[0049], [0054]-[0070]; Reordering of the sequence of values related to the packets.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Swander in view of DU to establish connections between services for the reasons of managing out of order packets in a communication network. (DU Abstract) Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 571-272-3889. 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. /CHRISTOPHER B ROBINSON/ Primary Examiner, Art Unit 2443
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Prosecution Timeline

Feb 27, 2025
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §102, §103
Aug 12, 2026
Response Filed
Oct 09, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+6.8%)
2y 1m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 503 resolved cases by this examiner. Grant probability derived from career allowance rate.

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