DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-30 are presented for examination.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-30 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,301,480. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter.
U.S. Patent No. 12,301,480
Instant Application: 19/176,271
A buffer configuration method, comprising:
A buffer configuration method, comprising:
sending, by a first switching device, a first measurement frame to a second switching device;
sending, by a first switching device, a first measurement frame to a second switching device;
receiving, by the first switching device, a second measurement frame sent by the second switching device, wherein the second measurement frame is generated based on the first measurement frame and the generation of the second measurement frame is triggered after receiving the first measurement frame;
receiving, by the first switching device, a second measurement frame sent by the second switching device, wherein the second measurement frame is generated through triggering based on the first measurement frame;
determining, by the first switching device, a buffer configuration parameter based on the first measurement frame and the second measurement frame; and
determining, by the first switching device, a value of a priority-based flow control (PFC) headroom based on the first measurement frame and the second measurement frame; and
setting, by the first switching device, a local buffer based on the buffer configuration parameter,
setting, by the first switching device, a local buffer based on the value of the PFC headroom.
wherein the determining, by the first switching device, a buffer configuration parameter based on the first measurement frame and the second measurement frame comprises:
obtaining, by the first switching device, a first timestamp and a fourth timestamp, wherein the first timestamp is a time at which the first switching device sends the first measurement frame, and the fourth timestamp is a time at which the first switching device receives the second measurement frame; and
determining, by the first switching device, the buffer configuration parameter based on the first timestamp and the fourth timestamp.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 7, 8, 12, 13, 16, 22, 23, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. (U.S. 11,503,499) in view of Subasingha et al. (U.S. 9,948,578) and further in view of Hendel et al. (U.S. 9,729,459).
Chu, Subasingha, and Hendel were cited on the IDS filed 11 April 2025.
With respect to claim 1, Chu teaches a buffer configuration method, comprising: sending (Chu, col. 15, lines 24-28), by a first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), a first measurement frame to (Chu, col. 15, lines 24-28) a second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67); receiving (Chu, col. 15, lines 28-30), by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), a second measurement frame sent by (Chu, col. 15, lines 28-30) the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67); determining (Chu, col. 15, lines 31-44), by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), based on the first measurement frame (Chu, col. 15, lines 24-28) and the second measurement frame (Chu, col. 15, lines 28-30); and setting (Chu, col. 15, lines 31-44), by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), a local buffer based on (Chu, col. 15, lines 31-44).
Chu does not explicitly teach wherein the second measurement frame is generated through triggering based on the first measurement frame.
However, Subasingha teaches wherein the second measurement frame is generated through triggering based on (Subasingha, col. 26, lines 43-59) the first measurement frame (Subasingha, col. 26, lines 4-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu in view of Subasingha in order to enable wherein the second measurement frame is generated through triggering based on the first measurement frame. One would be motivated to do so in order to update a buffer parameter in response to one or more indicators satisfying a corresponding threshold (Subasingha, col. 41, lines 26-27).
The combination of Chu and Subasingha does not explicitly teach a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom.
However, Hendel teaches a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chu and Subasingha in view of Hendel in order to enable a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom. One would be motivated to do so in order to increase the efficiency of packet buffer management (Hendel, col. 2, lines 18-19).
With respect to claim 7, the combination of the combination of Chu, Subasingha, and Hendel teaches the invention described in claim 1, including the method further comprising sending, by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), the value of the PFC headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8) to the second switching device, so that the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67) sets (Chu, col. 15, lines 31-44) a local buffer based on (Chu, col. 15, lines 31-44) the value of the PFC headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8).
The combination of references is made under the same rationale as claim 1 above.
With respect to claim 8, the combination of Chu, Subasingha, and Hendel teaches the invention described in claim 1, including the method wherein before the receiving, by a second switching device, a first measurement frame sent by a first switching device, the method further comprises: determining whether both the first switching device and the second switching device support an automatic buffer configuration function for priority-based flow control (Chu, col. 15, lines 31-44).
The combination of references is made under the same rationale as claim 1 above.
With respect to claim 12, Chu teaches a buffer configuration method, comprising: receiving (Chu, col. 15, lines 24-28), by a second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67), a first measurement frame sent by (Chu, col. 15, lines 24-28) a first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), and by the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67); sending (Chu, col. 15, lines 28-30), by the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67), the second measurement frame to (Chu, col. 15, lines 28-30) the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6); receiving (Chu, col. 15, lines 31-44), by the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67), sent by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6); and setting (Chu, col. 15, lines 31-44), by the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67), a local buffer based on (Chu, col. 15, lines 31-44).
Chu does not explicitly teach triggering a second measurement frame to be generated based on the first measurement frame.
However, Subasingha teaches triggering (Subasingha, col. 26, lines 43-59) a second measurement frame (Subasingha, col. 26, lines 43-59) to be generated (Subasingha, col. 26, lines 43-59) based on the first measurement frame (Subasingha, col. 26, lines 4-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu in view of Subasingha in order to enable triggering a second measurement frame to be generated based on the first measurement frame. One would be motivated to do so in order to update a buffer parameter in response to one or more indicators satisfying a corresponding threshold (Subasingha, col. 41, lines 26-27).
The combination of Chu and Subasingha does not explicitly teach a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom.
However, Hendel teaches a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chu and Subasingha in view of Hendel in order to enable a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom. One would be motivated to do so in order to increase the efficiency of packet buffer management (Hendel, col. 2, lines 18-19).
With respect to claim 13, the combination of Chu, Subasingha, and Hendel teaches the invention described in claim 12, including the method further comprising: determining (Chu, col. 15, lines 31-44), by the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67), whether both the first switching device and the second switching device support an automatic buffer configuration function of priority-based flow control (Chu, col. 15, lines 31-44).
The combination of references is made under the same rationale as claim 12 above.
With respect to claim 16, Chu teaches a first switching device, comprising a processor; a memory storing program instructions that, when executed by the processor, cause the first switching device to: send (Chu, col. 15, lines 24-28) a first measurement frame to (Chu, col. 15, lines 24-28) a second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67); receive (Chu, col. 15, lines 28-30) a second measurement frame sent by (Chu, col. 15, lines 28-30) the second switching device (Chu, Fig. 1, element 25; col. 6, line 20 – col. 7, line 67); determine (Chu, col. 15, lines 31-44) based on the first measurement frame (Chu, col. 15, lines 24-28) and the second measurement frame (Chu, col. 15, lines 28-30); and set (Chu, col. 15, lines 31-44) a local buffer based on (Chu, col. 15, lines 31-44).
Chu does not explicitly teach wherein the second measurement frame is generated through triggering based on the first measurement frame.
However, Subasingha teaches wherein the second measurement frame is generated through triggering based on (Subasingha, col. 26, lines 43-59) the first measurement frame (Subasingha, col. 26, lines 4-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu in view of Subasingha in order to enable wherein the second measurement frame is generated through triggering based on the first measurement frame. One would be motivated to do so in order to update a buffer parameter in response to one or more indicators satisfying a corresponding threshold (Subasingha, col. 41, lines 26-27).
The combination of Chu and Subasingha does not explicitly teach a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom.
However, Hendel teaches a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chu and Subasingha in view of Hendel in order to enable a value of a priority-based flow control (PFC) headroom; and the value of the PFC headroom. One would be motivated to do so in order to increase the efficiency of packet buffer management (Hendel, col. 2, lines 18-19).
With respect to claim 27, Chu teaches a second switching device, comprising: a processor; a memory storing program instructions, that, when executed by the processor, cause the second switching device to: receive (Chu, col. 15, lines 24-28) a first measurement frame sent by (Chu, col. 15, lines 24-28) a first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6), and; send (Chu, col. 15, lines 28-30), the second measurement frame to (Chu, col. 15, lines 28-30) the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6); receive (Chu, col. 15, lines 31-44), sent by the first switching device (Chu, Fig. 1, element 14; col. 5, line 42 – col. 6, line 6); and set (Chu, col. 15, lines 31-44), a local buffer based on (Chu, col. 15, lines 31-44).
Chu does not explicitly teach trigger based on the first measurement frame, a second measurement frame to be generated.
However, Subasingha teaches trigger (Subasingha, col. 26, lines 43-59) based on the first measurement frame (Subasingha, col. 26, lines 4-9), a second measurement frame (Subasingha, col. 26, lines 43-59) to be generated (Subasingha, col. 26, lines 43-59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu in view of Subasingha in order to enable trigger based on the first measurement frame, a second measurement frame to be generated. One would be motivated to do so in order to update a buffer parameter in response to one or more indicators satisfying a corresponding threshold (Subasingha, col. 41, lines 26-27).
The combination of Chu and Subasingha does not explicitly teach a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom.
However, Hendel teaches a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom (Hendel, Fig. 1; col. 2, line 27 – col. 3, line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Chu and Subasingha in view of Hendel in order to enable a value of a priority-based flow control (PFC) headroom; and the value of the priority-based flow control (PFC) headroom. One would be motivated to do so in order to increase the efficiency of packet buffer management (Hendel, col. 2, lines 18-19).
Claims 22, 23, and 28 do not teach or define any new limitations above claims 7, 8, and 13 and therefore are rejected for similar reasons.
Allowable Subject Matter
Claims 2-6, 9-11, 14, 15, 17-21, 24-26, 29, and 30 are objected to as being dependent upon rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/Alicia Baturay/
Primary Examiner, Art Unit 2441
June 23, 2026
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