`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
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`CONF {MATION NO.
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`11/470,040
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`09/05/2006
`
`Stefan Dyckerhoff
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`0023—0 154CON1
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`7429
`
`44987
`
`7590
`
`06/30/2009
`
`HARRITY & HARRITY, LLP
`11350 Random Hills Road
`SUITE 600
`FAIRFAX, VA 22030
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`EXAMINER
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`BOAKYE, ALEXANDER O
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`ART UNIT
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`2416
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`MAIL DATE
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`06/3 0/2009
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`Application No.
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`Applicant(s)
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`11/470,040
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`DYCKERHOFF ET AL.
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`Office Action Summary
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`Examiner
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`ALEXANDER BOAKYE
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`Art Unit
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`2416 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IXI Responsive to communication(s) filed on 05 September 2006.
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`2a)I:I This action is FINAL.
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`2b)IZI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZI Claim(s) fl is/are pending in the application.
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`4a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)IXI Claim(s) 25 30 31 37-43 and 49 is/are rejected.
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`7)IZI Claim(s) 26-29 32-36 41 44-48 is/are objected to.
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`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attach ment(s)
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`
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`1) IZI Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date 09/05/2006.
`U.S. Patent and Trademark Office
`PTOL-326 Rev. 08-06
`I
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`I
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`Office Actions ma
`.
`P rt of
`Man D te
`acII'et InteIIIgence xideagé o $9
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`0613
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`4) D Interview Summary (PTO-413)
`Paper No(s)/Mai| Date. _
`5) I:I Notice of Informal Patent Application
`6) D Other:
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`Application/Control Number: 11/470,040
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`Page 2
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`Art Unit: 2416
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`1.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
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`Claims 37-40, 42-43 are rejected under 35 U.S.C. 102(e) as being anticipated by
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`Yu (us Patent # 6, 625,150).
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`Regarding claim 37, Yu teaches a method, (Fig. 4) comprising: receiving data
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`associated with a packet (column 6, lines 10-11); identifying one of a plurality of packet
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`processors to receive the packet after the packet is entirely received (column 5, lines 3-
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`7); temporarily buffering (410) the data until the packet is entirely received (column 6,
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`line 50); transmitting the packet to the identified packet processor (column 6, lines 13-
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`15).
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`Regarding claim 38, Yu teaches providing a plurality of queues (410)
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`corresponding to the plurality of packet processors (412 of Fig. 4); and assigning the
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`packet to one of the queues corresponding to the identified packet processor (column 6,
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`lines 45-52).
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`Application/Control Number: 11/470,040
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`Page 3
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`Art Unit: 2416
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`Regarding claim 39, Yu teaches receiving a plurality of packets associated with a
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`plurality of packet streams (column 6, lines 10-11); and providing one of the queues for
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`combination of one of the packet processors and one of the packet streams (column 6,
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`line 50).
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`Regarding claim 40, Yu teaches storing packets for the queues as a linked lists
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`of data in a common memory (column 6, line 50).
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`Regarding claim 42, Bragg teaches maintaining values that reflect a flow of
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`packets to each of the packet processors (column 6, lines 45-52).
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`Regarding claim 43, Yu teaches that identifying one of the plurality of packet
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`processors (412) includes identifying one of the packet processors to receive the packet
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`based on the maintained values (column 5, lines 3-7).
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`Claims 25, 30, 31, 49 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over Bragg (US Patent # 6,587,469) in view of Yu (US Patent 6, 625,150).
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`Regarding claims 25, Bragg teaches a system (Fig. 2) comprising: a plurality of
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`packet processors (25) to process packet (column 3, lines 33-38) bandwidth divider (24
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`of Fig. 2) to: receive data associated with a packet, buffer (36) the data until the packet
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`Application/Control Number: 11/470,040
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`Page 4
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`Art Unit: 2416
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`is entirely received (column 3, lines 44-45), identify (31) one of the packet processors to
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`receive the packet based on a length of the packet after the packet is entirely received
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`(column 3, lines 39-44). Bragg differs from the claimed invention in that Bragg fails to
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`disclose transmit the packet to the identified packet processor. However, the Yu's
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`reference figure 4 discloses transmit the packet to the identified packet processor
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`(column 6, lines 13-15). Therefore, it would have been obvious to one of ordinary skill
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`in the art at the time the invention was made to incorporate the teachings of Yu into the
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`system of Bragg with motivation being that it provides capability for the system to
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`enhance performance.
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`Regarding claim 30, Bragg teaches that the bandwidth divider is further
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`configured to: maintain values that reflect a flow of packets to each of the packet
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`processors (column 3,lines 66-67).
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`Regarding claim 31, Bragg teaches that the bandwidth divider is configured to
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`identify one of the packet processors to receive the packet based on a length of the
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`packet and the maintained values (column 3, lines 39-44).
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`Regarding claim 49, Bragg teaches a bandwidth divider (24 of Fig. 2) connected
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`to a plurality of processors (25 corresponds to the claimed processors) comprising:
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`means for monitoring flows of packets provided to the processors (column 1, line 63-
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`column 2, lines 1-6); means for receiving data associated with a packet (column 3, lines
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`39-40); means for buffering the data until the packet is entirely received (column 3, lines
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`44-45). Bragg differs from the claimed invention in that Bragg fails to disclose transmit
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`the packet to the identified packet processor. However, the Yu's reference figure 4
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`discloses transmit the packet to the identified packet processor (column 6, lines 13-15).
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to incorporate the teachings of Yu into the system of Bragg with
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`motivation being that it provides capability for the system to enhance performance.
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`Application/Control Number: 11/470,040
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`Page 5
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`Art Unit: 2416
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`Allowable Subject Matter
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`3.
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`Claims 26-29, 32-36, 41, 44-48 are objected to as being dependent upon a
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`rejected base claim, but would be allowable if rewritten in independent form including all
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`of the limitations of the base claim and any intervening claims.
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`Conclusion
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`4.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Alexander Boakye whose telephone number is (571)
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`272-3183. The examiner can normally be reached on M-F from 8:30am to 6:00pm. If
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`attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Chi Pham, can be reached on (571) 272-3179. The Fax number is (571)
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or PUBLIC PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Any
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`inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the Electronic Business Center (EBC) numbers at 866-217-
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`9197 and 703-305-3028.
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`Application/Control Number: 11/470,040
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`Page 6
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`Art Unit: 2416
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`/ALEXANDER BOAKYE/
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`Examiner, Art Unit 2416
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`6/18/2009
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`/Chi H Pharn/
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`Supervisory Patent Examiner, Art Unit 2416
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`6/19/09
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`
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`Application/Control No.
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`11/470,040
`Examiner
`
`ALEXANDER BOAKYE
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`DYCKERHOFF ET AL.
`Art Unit
`
`2416
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`Page 1 0“
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`Notice of References Cited
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`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Classification
`
`
`ccccccccccccc
`‘P‘P‘P‘P‘P‘P‘P‘P‘P‘P‘P
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`
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`NON-PATENT DOCUMENTS
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`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
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`- U
`
`S—6,587,469
`
`S—6,625,150
`
`07-2003
`
`09-2003
`
`Bragg, Nigel Lawrence
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`Yu, JungJi John
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`370/401
`
`370/389
`
`Document Number
`Country Code-Number-Kind Code
`
`Um,_..(D
`MM-YYYY
`
`Country
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`FOREIGN PATENT DOCUMENTS
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`Classification
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`
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`
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`*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
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`PTO-892 (Rev. 01-2001)
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`Notice of References Cited
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`Part of Paper No. 20090613
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