Prosecution Insights
Last updated: October 23, 2026
Application No. 19/310,123

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §103
Filed
Aug 26, 2025
Priority
Feb 27, 2023 — continuation of PCTCN2023078434
Examiner
ANDERSON, MICHAEL D
Art Unit
2433
Tech Center
2400 — Computer Networks
Assignee
Shenzhen Yinwang Intelligent Technology Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
576 granted / 719 resolved
+22.1% vs TC avg
Strong +15% interview lift
Without
With
+15.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
18 currently pending
Career history
749
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 719 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/29/2025, and 11/25/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pub.No.: US 2018/0359539 A1 to HONGAL et al(hereafter referenced as Hongal) in view of Pub.No.: US. Regarding claim 1, Hongal discloses “a communication method, comprising: obtaining, by a first network element, first indication information, wherein the first indication information indicates that at least one version in a high-bandwidth digital content protection (HDCP)HDCP version supported by a second network element is not earlier than a first preset version; or the first indication information indicates an HDCP version supported by the second network element, and at least one version in the HDCP version supported by the second network element is not earlier than the first preset version (send to the receiver a second content indicator indicating whether the digital content comprises the first content type [Fig.4/item 405]). Hongal does not explicitly disclose “and sending, by the first network element, a first authentication message to the second network element based on the first indication information, wherein the first authentication message comprises a first random number and capability indication information of the first network element” However, Verzun in an analogous art discloses “and sending, by the first network element, a first authentication message to the second network element based on the first indication information, wherein the first authentication message comprises a first random number and capability indication information of the first network element” (Transport layer 2, also referred to as the router layer, transmits security-related messages between application endpoints but does not implement any security logic itself Verzun[par.0739]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hongal’s HDCP process with Verzuns authentication HDCP process in order to provide additional security. One of ordinary skill in the art would have been motivated to combine because Hongal discloses an HDCP process within digital content, Verzun teaches a security protocol for maintaining security of a video link is High-bandwidth Digital Content Protection or HDCP, and both are from the same field of endeavor. Regarding claim 2 in view of claim 1 the references combined disclose “wherein the first authentication message comprises a message type field, the message type field indicates that the first authentication message is a message combining an initialization packet and a first information packet (see layer one ethernet packet Verzun[Fig.49]), “the initialization packet is used to enable identity authentication on the second network element (SDNP Network Verzun [Fig.1D]) , the initialization packet comprises the first random number, and the first information packet comprises the capability indication information of the first network element” (the source IP address 441 dynamically and randomly changes from IP C1,1, to IP C1,2, and to IP C1,3 while independently the destination IP address 442 of the SDNP gateway changes from IP M0,0, to IP M0,1 to IP M0,3. Verzun[par.0826]). Regarding claim 3 in view of claim 2, the references combined discloses “wherein the first authentication message further comprises a flag field, and the flag field indicates that the first authentication message comprises a part or all of content of the initialization packet and the first information packet” (preambles 440 and 444 both contain a transport header flag 470 used to determine the Layer 4 transport method employed, e.g. TCP, UDP or the maintenance functions ICMP and IGMP Verzun[par.0843]). Regarding claim 4 in view of claim 2, the references combined discloses “wherein that the first indication information indicates that the at least one version in the HDCP version supported by the second network element is not earlier than the first preset version comprises: the first indication information indicates that the second network element supports combined sending of the initialization packet and the first information packet” (send to the receiver a second content indicator indicating whether the digital content comprises the first content type Hongal[Fig.4/item 405]). Regarding claim 5 in view of claim 4, the references combined discloses “further comprising wherein before the obtaining, by the first network element, the first indication information, the method further comprises: prior to the obtaining, by the first network element”, the first indication information, sending, by the first network element, a query message to the second network element, wherein the query message is used to query whether the second network element accepts combined sending of the initialization packet and the first information packet (query response methods may be used to verify a person's identity and to authenticate they have an account on the system Verzun[par.0666]). Regarding claim 6 in view of claim 1, the references combined discloses “further comprising wherein the first indication information indicates the HDCP version supported by the second network element, and before the obtaining, by the first network element, the first indication information, the method further comprises: prior to the obtaining, by the first network element, the first indication information, sending, by the first network element, a request message to the second network element (a second step to transfer data within the secure pipe or tunnel. The concept of tunneling can be envisioned hierarchically as outer IP packets carried by 7-layer communication stacks (used for carrying the VPN connection) comprising Layers 1 through Layers 4, where Layer 5 is used to create a virtual VP session 723, and where Layer 6, the presentation layer, is used to facilitate encryption required to form a VPN gateway-to-gateway pipe between servers Verzun[par.0411]) , wherein the request message is used to requests to obtain the HDCP version of the second network element; and the obtaining, by the first network element, the first indication information comprises: receiving, by the first network element, the first indication information sent by the second network element, wherein the first indication information indicates the HDCP version supported by the second network element(Verzun [FIG. 68] is a schematic representation of an “address request” operation in tri-channel SDNP Last Mile communication). Regarding claim 7 in view of claim 1, the references combined discloses “wherein the first indication information indicates the HDCP version supported by the second network element, and the method further comprises: determining, by the first network element based on the first indication information, a first HDCP version used to transmit audio and video information with the second network element”(a transmitter can include one or more of the following features . The first content type can only be transmitted to the receiver that is compliant with the version of the content protection protocol . The content protection protocol is a High - bandwidth Digital Content Protection ( HDCP ) and the version comprise a version 2 . 2 of the HDCP protocol or higher Hongal [par.0005]) , “wherein the first HDCP version is not earlier than a second preset version, and the second preset version is not earlier than the first preset version; and sending, by the first network element, the first authentication message to the second network element, wherein the first authentication message further comprises information about the first HDCP version.” (send to the receiver a second content indicator indicating whether the digital content comprises the first content type Hongal[Fig.4/item 405]). Regarding claim 8 in view of claim 1, the references combined discloses “wherein the method further comprises: receiving, by the first network element, a second authentication message sent by the second network element, wherein the second authentication message comprises information used to authenticate the second network element and capability indication information of the second network element” (send to the receiver a second content indicator indicating whether the digital content comprises the first content type Hongal[Fig.4/item 405]). Regarding claim 9, Hongal discloses “a communication apparatus, comprising one or more memories configured to store programming instructions; and one or more processors coupled to the one or more memories-memory and configured to execute the instructions to cause the apparatus to: obtain first indication information, wherein the first indication information indicates that at least one version in a high-bandwidth digital content protection HDCP (HDCP) version supported by a second network element is not earlier than a first preset version(send to the receiver a second content indicator indicating whether the digital content comprises the first content type [Fig.4/item 405]). Hongal does not explicitly disclose “or the first indication information indicates an HDCP version supported by the second network element, and at least one version in the HDCP version supported by the second network element is not earlier than the first preset version; and send a first authentication message to the second network element based on the first indication information, wherein the first authentication message comprises a first random number and capability indication information of the a first network element. However, Verzun in an analogous art discloses “or the first indication information indicates an HDCP version supported by the second network element, and at least one version in the HDCP version supported by the second network element is not earlier than the first preset version; and send a first authentication message to the second network element based on the first indication information, wherein the first authentication message comprises a first random number and capability indication information of the a first network element” (Transport layer 2, also referred to as the router layer, transmits security-related messages between application endpoints but does not implement any security logic itself Verzun[par.0739]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hongal’s HDCP process with Verzuns authentication HDCP process in order to provide additional security. One of ordinary skill in the art would have been motivated to combine because Hongal discloses an HDCP process within digital content, Verzun teaches a security protocol for maintaining security of a video link is High-bandwidth Digital Content Protection or HDCP, and both are from the same field of endeavor. Regarding claim 10 in view of claim 9, the references combined disclose “wherein the first authentication message comprises a message type field, the message type field indicates that the first authentication message is a message combining an initialization packet and a first information packet(see layer one ethernet packet Verzun[Fig.49]), the initialization packet is used to enable identity authentication on the second network element(SDNP Network Verzun [Fig.1D]), the initialization packet comprises the first random number, and the first information packet comprises the capability indication information of the first network element. (the source IP address 441 dynamically and randomly changes from IP C1,1, to IP C1,2, and to IP C1,3 while independently the destination IP address 442 of the SDNP gateway changes from IP M0,0, to IP M0,1 to IP M0,3. Verzun[par.0826]). Regarding claim 11 in view of claim 10, the references combined disclose “wherein that the first indication information indicates that the at least one version in the HDCP version supported by the second network element is not earlier than the first preset version comprises: the first indication information indicates that the second network element supports combined sending of the initialization packet and the first information packet” (preambles 440 and 444 both contain a transport header flag 470 used to determine the Layer 4 transport method employed, e.g. TCP, UDP or the maintenance functions ICMP and IGMP Verzun[par.0843]). Regarding claim 12 in view of claim 11, the references combined disclose “wherein the one or more processors are further configured to send, by the first network element, a query message to the second network element, wherein the query message is used to query queries whether the second network element accepts combined sending of the initialization packet and the first information packet” (preambles 440 and 444 both contain a transport header flag 470 used to determine the Layer 4 transport method employed, e.g. TCP, UDP or the maintenance functions ICMP and IGMP Verzun[par.0843]). Regarding claim 13 in view of claim 9, the references combined disclose “wherein the first indication information indicates the HDCP version supported by the second network element, and the one or more processors are further configured to: determine, by the first network element based on the first indication information, a first HDCP version used to transmit audio and video information with the second network element(a second step to transfer data within the secure pipe or tunnel. The concept of tunneling can be envisioned hierarchically as outer IP packets carried by 7-layer communication stacks (used for carrying the VPN connection) comprising Layers 1 through Layers 4, where Layer 5 is used to create a virtual VP session 723, and where Layer 6, the presentation layer, is used to facilitate encryption required to form a VPN gateway-to-gateway pipe between servers Verzun[par.0411]), wherein the first HDCP version is not earlier than a second preset version, and the second preset version is not earlier than the first preset version; and send, by the first network element, the first authentication message to the second network element, wherein the first authentication message further comprises information about the first HDCP version” ( Verzun [FIG. 68] is a schematic representation of an “address request” operation in tri-channel SDNP Last Mile communication). Regarding claim 14, Hongal discloses “a communication apparatus, comprising one or more memories configured to store programming instructions; and one or more processors coupled to the one or more memories and configured to execute the instructions to cause the apparatus to: send first indication information to a first network element, wherein the first indication information indicates that at least one version in a high-bandwidth digital content protection HDCP (HDCP) version supported by a second network element is not earlier than a first preset version(send to the receiver a second content indicator indicating whether the digital content comprises the first content type [Fig.4/item 405]). Hongal does not explicitly disclose “or the first indication information indicates an HDCP version supported by the second network element, and at least one version in the HDCP version supported by the second network element is not earlier than the first preset version; and receive a first authentication message sent by the first network element, wherein the first authentication message comprises a first random number and capability indication information of the first network element” However, Verzun in an analogous art discloses “or the first indication information indicates an HDCP version supported by the second network element, and at least one version in the HDCP version supported by the second network element is not earlier than the first preset version; and receive a first authentication message sent by the first network element, wherein the first authentication message comprises a first random number and capability indication information of the first network element” (Transport layer 2, also referred to as the router layer, transmits security-related messages between application endpoints but does not implement any security logic itself Verzun[par.0739]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hongal’s HDCP process with Verzuns authentication HDCP process in order to provide additional security. One of ordinary skill in the art would have been motivated to combine because Hongal discloses an HDCP process within digital content, Verzun teaches a security protocol for maintaining security of a video link is High-bandwidth Digital Content Protection or HDCP, and both are from the same field of endeavor. Regarding claim 15 in view of claim 14, the references combined disclose “wherein the first authentication message comprises a message type field, the message type field indicates that the first authentication message is a message combining an initialization packet and a first information packet(see layer one ethernet packet Verzun[Fig.49]), “the initialization packet is used to enable identity authentication on the second network element, the initialization packet comprises the first random number, and the first information packet comprises the capability indication information of the first network element” (the source IP address 441 dynamically and randomly changes from IP C1,1, to IP C1,2, and to IP C1,3 while independently the destination IP address 442 of the SDNP gateway changes from IP M0,0, to IP M0,1 to IP M0,3. Verzun[par.0826]). Regarding claim 16 in view of claim 15, the references combined disclose “wherein the first authentication message further comprises a flag field, and the flag field indicates that the first authentication message comprises a part or all of content of the initialization packet and the first information packet” (preambles 440 and 444 both contain a transport header flag 470 used to determine the Layer 4 transport method employed, e.g. TCP, UDP or the maintenance functions ICMP and IGMP Verzun[par.0843]). Regarding claim 17 in view of claim 14, the references combined disclose “wherein that the first indication information indicates that the at least one version in the HDCP version supported by the second network element is not earlier than the first preset version comprises: the first indication information indicates that the second network element supports combined sending of the-an initialization packet and a the-first information packet” (send to the receiver a second content indicator indicating whether the digital content comprises the first content type [Fig.4/item 405]). Regarding claim 18 in view of claim 14, the references combined disclose “wherein the one or more processors are further configured to: receive a query message sent by the first network element, wherein the query message is used to query queries whether the second network element accepts combined sending of the an initialization packet and the a first information packet” query response methods may be used to verify a person's identity and to authenticate they have an account on the system Verzun[par.0666]). Regarding claim 19 in view of claim 14, the references combined disclose “wherein the one or more processors are further configured to: send, by the second network element, a second authentication message to the first network element, wherein the second authentication message comprises information used to authenticate the second network element and capability indication information of the second network element” (send to the receiver a second content indicator indicating whether the digital content comprises the first content type Hongal[Fig.4/item 405]). Regarding claim 20 in view of claim 19, the references combined disclose “wherein the second authentication message is a message combining an initialization response packet and a second information packet, the initialization response packet comprises the information used to authenticate the second network element(send to the receiver a second content indicator indicating whether the digital content comprises the first content type Hongal[Fig.4/item 405]), the second information packet comprises the capability indication information of the second network element, and the one or more processors are further configured to: send, by the second network element, the second authentication message to the first network element based on the message type field, wherein the second authentication message is a message combining an initialization response packet and a second information packet, the initialization response packet comprises the information used to authenticate the second network element, and the second information packet comprises the capability indication information of the second network element” (the source IP address 441 dynamically and randomly changes from IP C1,1, to IP C1,2, and to IP C1,3 while independently the destination IP address 442 of the SDNP gateway changes from IP M0,0, to IP M0,1 to IP M0,3. Verzun[par.0826]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D ANDERSON whose telephone number is (571)270-5159. The examiner can normally be reached Mon-Fri 9am-6pm. 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, Jeffrey Pwu can be reached at (571)272-6798. 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. /MICHAEL D ANDERSON/Examiner, Art Unit 2433 /JEFFREY C PWU/Supervisory Patent Examiner, Art Unit 2433
Read full office action

Prosecution Timeline

Aug 26, 2025
Application Filed
Sep 11, 2025
Response after Non-Final Action
Oct 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
95%
With Interview (+15.1%)
3y 3m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 719 resolved cases by this examiner. Grant probability derived from career allowance rate.

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