DETAILED ACTION
The instant application having Application No. 14/207695 filed on 03/13/2014 is presented for examination by the examiner.
Claims 1, 8, 15 were amended. Claims 18-23 were cancelled. Claims 1-17, 24-28 are pending.
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.
Response to Argument
Applicant’s arguments (see the Applicant's Remarks) with respect to the rejection(s) of
claims 1-17, 24-28 have been fully considered and not persuasive. Examiner provide a new ground of rejections to address Applicant’s amendment/argument (See the updated claim rejections below.).
Claim Objections
Claim 15 is objected to because of the following informality:
In this case, claim 15 recites limitation “notifying a sender when the auxiliary processing device discards the data based on the received load and the priority” for performing certain step(s) only if a specific condition is satisfied (Conditional Statement). Such limitations are considered as optional limitations since they are not performed until specific conditions are met. Applicant should change the word “when” to “responsive to determining that…..” in order to alter an optional limitation to a required limitation. For the purpose of examination, claimed limitations will be considered as optional limitations since they are not performed until specific conditions are met.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
Regarding claim 1, the limitation “the auxiliary processing device to selectively process the data the first time based on the load of the main processing device, the priority of the data” should be replaced with “the auxiliary processing device to selectively process the data the first time based on the load of the main processing device and the priority of the data”.
. Regarding claim 8, the limitation “wherein the data unit processing engine is configured to process and forward the data units to the CPU queue based on a priority of the data units, the load information received from the CPU” should be replaced with “wherein the data unit processing engine is configured to process and forward the data units to the CPU queue based on a priority of the data units and the load information received from the CPU”.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ikoma et al. (US Patent Publication # 2006/0067231 A1) in view of Schmidt et al. (US 2009/0028186 A1) in view of Tuck, III et al. (US Patent Publication # 2003/0039258 A1).
As per claim 1, Ikoma discloses “An apparatus, comprising: an auxiliary processing device configured to receive data to be processed, the auxiliary processing device configured to process the data a first time;” as [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.)] “a main processing device,” [(fig. 11 and par. 0232, 0147-0150), the load detection section 620 provides load condition of processor 4 to reception control section 640.] “the main processing device configured to process the data a second time;” [(par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “and a feedback path from the main processing device to the auxiliary processing device, the main processing device being configured to inform the auxiliary processing device about a load of the main processing device via the feedback path,” [(fig. 11 and par. 0232, 0147-0150), the load detection section 620 provides load condition of processor 4 to reception control section 640.] “the auxiliary processing device to selectively process the data the first time based on the load of the main processing device and a priority of the data” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “the auxiliary processing device being specifically configured to handle the type of processing,” [(par. 0240), When receiving the instruction from the frequency measurement portion 672, the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.] “the auxiliary processing device to perform the type of processing on the data and to output as processed data, the main processing device to receive the processed data and to process the processed data the second time” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.) ]
Ikoma also discloses “the auxiliary processing device discards the data based on the load and the priority” as [(par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question.
Ikoma does not explicitly disclose the auxiliary processing device will “notify a sender of the data when discarding the data”. Also, Ikoma does not explicitly disclose “wherein the auxiliary processing device is configured to determine a priority of the data based on at least three different data priority types for the data”, “the priority being assigned based on either (i) the type of data to be processed, or (ii) a type of data packet associated with the data to be processed,”.
However, Schmidt discloses “the auxiliary processing device will “notify a sender of the data when discarding the data” as [(par. 0046), the devices will eventually drop data packets in response to an overload situation. In some embodiments, the receiver is responsible for detecting this situation and informing the sender.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Schmidt et al. (US 2009/0028186 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Schmidt’s teaching into Ikoma's teaching. The motivation for making the above modification would be to inform the sender device the overload condition of the receiving device.
Furthermore, Tuck III discloses “wherein the auxiliary processing device is configured to determine a priority of the data based on at least three different data priority types for the data,” as [(par. 0037), NAC 202 is provided and adapted to route CPU-destined packets, and to separate such packets into prioritized queues. (par. 0038), Packets destined for CPU 207 are sent thereto by NAC 202 over a logical data path 206 from any one of three queues 209, labeled C1, C2 and C3. (par. 0040), In practice of the present invention, CPU 207, given enough resources, processes packets from all of the categorical subclasses C1, C2, and C3. However, when resources begin to become more scarce, that is, during high traffic periods, CPU 207 will prioritize by continuing to process data in C1, perhaps C2, but will begin to ignore C3, letting data queues become full and allowing discard of any additional data packets attempting to enter. As CPU resources become further taxed, CPU 207 will begin to ignore the C2 queue allowing that queue as well to fill to a point where additional data packets are discarded. Under this extreme condition CPU 207 prioritizes and continues to process all data packets in queue C1, which has the highest priority.] “the priority being assigned based on either (i) the type of data to be processed, or (ii) a type of data packet associated with the data to be processed” [(par. 0039), three hardware queues are provided in NAC 202, one for high priority, one for intermediate priority and one for low priority. In this embodiment sorting into queues is done according to trusted, distrusted, or uncertain packets as described above.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Tuck, III et al. (US Patent Publication # 2003/0039258 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Tuck’s teaching into Ikoma's teaching. The motivation for making the above modification would be to better control the load on the CPU.
As per claim 2, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 1,” as [see rejection of claim 1.]
Ikoma discloses “wherein the auxiliary processing device is further configured to forward the data processed a first time to the main processing device based on the priority and the load” as [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.) ]
As per claim 3, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 1,” as [see rejection of claim 1.]
Ikoma discloses “wherein the auxiliary processing device comprises a limited set of functions to process data, compared to a set of functions of the main processing device” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660.]
As per claim 4, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 3,” as [see rejection of claim 3.]
Ikoma discloses “wherein the auxiliary processing device comprises hardware or a combination of hardware and firmware to perform processing of the limited set of processing functions” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660.]
As per claim 5, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 1,” as [see rejection of claim 1.]
Ikoma discloses “wherein the auxiliary processing device comprises a classification engine to assign a priority to received data” [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 6, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 1,” as [see rejection of claim 1.]
Ikoma discloses “wherein the main processing device is configured to send information about its load by indicating one of at least two different load zones” [(fig. 11 and par. 0232, 0147-0150), the load detection section 620 provides load condition of processor 4 to reception control section 640. (par. 0057-0058), According to the invention described above, when the processor is in an overload state due to packet reception, the filter rule can be switched swiftly to one for use at overloading. Preferably, when the processor goes to a non-overload state from an overload state, the overload remedy section notifies the reception control section that the processor is not in an overload state after a predetermined condition is satisfied, and the reception control section stores therein a filter rule for use in normal times as the filter rule when receiving the notification that the processor is not in an overload state.]
As per claim 7, Ikoma in view of Schmidt in view of Tuck, III discloses “The apparatus of claim 1,” as [see rejection of claim 1.]
Ikoma discloses “wherein data is classified as having a priority of a group comprising low priority and high priority, wherein load of the main processing device is classified as having a load of a group comprising a high load and a low load, the auxiliary processing device is configured to discard data of a low priority when a load of the main processing device is high” [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively.]
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.
Claims 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ikoma et al. (US Patent Publication # 2006/0067231 A1) in view of Schmidt et al. (US 2009/0028186 A1) in view of Tuck, III et al. (US Patent Publication # 2003/0039258 A1).
As per claim 8, Ikoma discloses “A system-on-chip, comprising: a data unit processing engine to receive incoming data units,” as [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660.] “wherein the data unit processing engine is configured to process the data units a first time,” as [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header [i.e. extracting (a type of processing) header information.] of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “a central processing unit (CPU) configured to further process the data units a second time,” [(par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “a CPU queue operably coupled between the data unit processing engine and the CPU,” [(fig. 11 and par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “and a feedback path from the CPU to the data unit processing engine, the CPU being configured to notify the data unit processing engine about a load of the CPU via the feedback path,” [(fig. 11 and par. 0232, 0147-0150), the load detection section 620 provides load condition of processor 4 to reception control section 640.] “wherein the data unit processing engine is configured to process and forward the data units to the CPU queue based on a priority of the data units and the load information received from the CPU,” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “the priority of the data units being determined by the data unit processing engine, the data unit processing engine being specifically configured to handle the type of processing, the data unit processing engine to perform the type of processing on the data and to output to the CPU as processed data, the CPU to receive the processed data and to process the processed data the second time” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header [i.e. extracting (a type of processing) header information.] of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
Ikoma also discloses “the data unit processing engine discards the data units based on the load information and the priority” as [(par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question.
Ikoma does not explicitly disclose “notify a sender of the data when data unit processing engine discards the data units”. Also, Ikoma does not explicitly disclose “the priority of the data units being assigned based on a type of data unit”, “wherein the priority of the data units is based on a content of data within the data units” and “the priority of data being selected from at least three different data priority types”.
However, Schmidt discloses “notify a sender of the data when data unit processing engine discards the data units” as [(par. 0046), the devices will eventually drop data packets in response to an overload situation. In some embodiments, the receiver is responsible for detecting this situation and informing the sender.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Schmidt et al. (US 2009/0028186 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Schmidt’s teaching into Ikoma's teaching. The motivation for making the above modification would be to inform the sender device the overload condition of the receiving device.
Furthermore, Tuck III discloses “the priority of the data units being assigned based on a type of data unit” [(par. 0033), the priority level of the packets not only being defined by their sources (i.e source addresses in the packets), it can also be defined by their operations types carrying/indicating in the packets.] “wherein the priority of the data units is based on a content of data within the data units” as [(par. 0033, 0039), three hardware queues are provided in NAC 202, one for high priority, one for intermediate priority and one for low priority. In this embodiment sorting into queues is done according to trusted, distrusted, or uncertain packets as described above.] “the priority of data being selected from at least three different data priority types” [(par. 0033, 0037), NAC 202 is provided and adapted to route CPU-destined packets, and to separate such packets into prioritized queues. (par. 0038), Packets destined for CPU 207 are sent thereto by NAC 202 over a logical data path 206 from any one of three queues 209, labeled C1, C2 and C3. (par. 0040), In practice of the present invention, CPU 207, given enough resources, processes packets from all of the categorical subclasses C1, C2, and C3. However, when resources begin to become more scarce, that is, during high traffic periods, CPU 207 will prioritize by continuing to process data in C1, perhaps C2, but will begin to ignore C3, letting data queues become full and allowing discard of any additional data packets attempting to enter. As CPU resources become further taxed, CPU 207 will begin to ignore the C2 queue allowing that queue as well to fill to a point where additional data packets are discarded. Under this extreme condition CPU 207 prioritizes and continues to process all data packets in queue C1, which has the highest priority.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Tuck, III et al. (US Patent Publication # 2003/0039258 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Tuck’s teaching into Ikoma's teaching. The motivation for making the above modification would be to better control the load on the CPU.
As per claim 9, Ikoma in view of Schmidt in view of Tuck III disclose “The system-on-chip of claim 8,” as [see rejection of claim 8.]
Ikoma discloses “wherein the data unit processing engine is configured to process the data units a first time prior to forwarding the data units to the CPU queue” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header [i.e. extracting (a type of processing) header information.] of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 10, Ikoma in view of Schmidt in view of Tuck III disclose “The system-on-chip of claim 8,” as [see rejection of claim 8.]
Ikoma discloses “wherein the data unit processing engine is configured to discard at least some of the data units not forwarded to the CPU queue based on the load information and the priority of the data unit” [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 11, Ikoma in view of Schmidt in view of Tuck III disclose “The system-on-chip of claim 8,” as [see rejection of claim 8.]
Ikoma discloses “wherein the data units are packets” [(par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 12, Ikoma in view of Schmidt in view of Tuck III disclose “The system-on-chip of claim 8,” as [see rejection of claim 8.]
Ikoma discloses “The system-on-chip of claim 8,” as [see rejection of claim 8.] “wherein the data unit processing engine further comprises a classification engine to assign a priority to the data units” [(fig. 15 and par. 0252), FIG. 15 is a view showing an example of the discard filter table including the second filter rule set. The discard/pass determination portion 656 regards a packet that does not satisfy any of the conditions in the rows specified as negative logic and satisfies any of the conditions in the rows specified as positive logic as "matching", and issues an instruction of discarding such a packet.]
As per claim 13, Ikoma in view of Schmidt in view of Tuck III disclose “The system-on-chip of claim 8,” as [see rejection of claim 8.]
Tuck discloses “wherein the load information is selected from a first information indicating a low load, a second information indicating a medium load and a third information indicating a high load” as [(par. 0040, 0045 and fig. 2), As CPU load increases toward capacity limits, then more and more of the lower priority data queues are ignored until the CPU is only processing C1 data, which is the highest priority.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Tuck, III et al. (US Patent Publication # 2003/0039258 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Tuck’s teaching into Ikoma's teaching. The motivation for making the above modification would be to better control the load on the CPU.
As per claim 14, Ikoma in view of Schmidt in view of Tuck disclose “The system-on-chip of claim 13,” as [see rejection of claim 13.]
Tuck discloses “wherein the priority is selected from a high priority, a medium priority or a low priority,” [(par. 0040, 0045 and fig. 2), As CPU load increases toward capacity limits, then more and more of the lower priority data queues are ignored until the CPU is only processing C1 data, which is the highest priority.] “wherein at a low load, all data units are forwarded to the CPU queue irrespective of the priority of the data units, wherein at a medium load, only data units with high or medium priority are forwarded to the CPU queue, and data units with low priority are discarded, and wherein at a high load, only data units with a high priority are forwarded to the CPU queue, and data units with a medium or low priority are discarded” [(par. 0040, 0045 and fig. 2), As CPU load increases toward capacity limits, then more and more of the lower priority data queues are ignored until the CPU is only processing C1 data, which is the highest priority.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Tuck, III et al. (US Patent Publication # 2003/0039258 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Tuck’s teaching into Ikoma's teaching. The motivation for making the above modification would be to better control the load on the CPU.
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.
Claims 15-17, 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Ikoma et al. (US Patent Publication # 2006/0067231 A1) in view of Schmidt et al. (US 2009/0028186 A1) in view of Tuck, III et al. (US Patent Publication # 2003/0039258 A1).
As per claim 15, Ikoma discloses “A method, comprising: receiving data at an auxiliary processing device,” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.)] “receiving a load of a main processing device at the auxiliary processing device the load of the main processing device,” [(fig. 11 and par. 0232, 0147-0150), the load detection section 620 provides load condition of processor 4 to reception control section 640.] “determining a priority of the data by the auxiliary processing device;” [(par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.) ] “processing a first time, at the auxiliary processing device, the data depending on the received load and the priority of the data,” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “wherein the priority of the data is based on a content of the data;” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.) ] “further processing, at the main processing device, the data a second time;” [(par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.] “processing data not to be processed by the main processing device and outputting it as processed data;” [(fig. 11 and par. 0232-0234), If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question.] “the auxiliary processing device being specifically configured to handle the type of processing, the auxiliary processing device to perform the type of processing on the data and to output as processed data,” [(par. 0240), When receiving the instruction from the frequency measurement portion 672, the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.] “the main processing device to receive the processed data and to process the processed data the second time” [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.)]
Ikoma also discloses “the auxiliary processing device discards the data based on the received load and the priority” as [(par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question.
Ikoma does not explicitly disclose “notifying a sender when the auxiliary processing device discards the data”. Also, Ikoma does not explicitly discloses “the priority of the data being assigned based on either (i) a type of data, or (ii) a type of data packet associated with the data;”.
However, Schmidt discloses “notifying a sender when the auxiliary processing device discards the data” as [(par. 0046), the devices will eventually drop data packets in response to an overload situation. In some embodiments, the receiver is responsible for detecting this situation and informing the sender.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Schmidt et al. (US 2009/0028186 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Schmidt’s teaching into Ikoma's teaching. The motivation for making the above modification would be to inform the sender device the overload condition of the receiving device.
Furthermore, Tuck, III discloses “the priority of the data being assigned based on either (i) a type of data, or (ii) a type of data packet associated with the data” as [(par. 0039), three hardware queues are provided in NAC 202, one for high priority, one for intermediate priority and one for low priority. In this embodiment sorting into queues is done according to trusted, distrusted, or uncertain packets as described above.]
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Tuck, III et al. (US Patent Publication # 2003/0039258 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Tuck’s teaching into Ikoma's teaching. The motivation for making the above modification would be to better control the load on the CPU.
As per claim 16, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “further comprising selectively forwarding the data to the main processing device based on the load and the priority of the data” as [(fig. 11 and par. 0232-0234), reception control section 640 and reception transfer section 660. (par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0233), The reception packet transfer section 660 receives reception packets from the communications section 2, holds at least part of each of the packets in the reception packet buffer 662, and receives an instruction from the discard/pass determination portion 656 of the reception control section 640. Also, the reception packet transfer section 660 retrieves at least the header of each reception packet and outputs the header to the header classification portion 646. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching (i.e. high priority) the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4. (Notice: (par. 0240), the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.) ]
As per claim 17, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “wherein receiving data comprises receiving data packet” as [(par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 24, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “wherein determining the priority of the data by the auxiliary processing device includes assigning a priority to the data” as [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 25, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “wherein determining the priority of the data by the auxiliary processing device includes identifying a priority of the data within a header of incoming data” as [(par. 0240), When receiving the instruction from the frequency measurement portion 672, the packet scanning portion 674 scans [i.e. extracting (a type of processing) header information.] and analyzes the headers of the reception packets in the reception queue stored in the memory 8, retrieves the destination addresses and the protocol values and outputs the retrieved information to the frequency measurement portion 672.]
As per claim 26, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “wherein the priority of the data is determined based on a packet type associated with the data” [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
As per claim 27, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 15,” as [see rejection of claim 15.]
Ikoma discloses “wherein the priority of the data is determined based on a type of data” as [(par. 0232), The load detection section 620 detects a load on the processor 4 and outputs the detection result to the filter rule setting portion 642. The load detection section 620, which is only required to detect whether or not the processor 4 is in an overload state, can be substantially the same as any of the load detection sections 20, 220 and 320 described with reference to FIGS. 2, 6 and 7, respectively. (par. 0238), The filter rule setting portion 642 stores a predetermined filter rule in the discard filter table storage 652 when receiving an output of the load detection section 620 indicating that the processor 4 is in an overload state. (par. 0236), The discard/pass determination portion 656 compares the received combination of the destination address and the protocol value with combinations set in the discard filter table storage 652. If determining that there is no combination matching the received combination in the discard filter table, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to pass the packet in question. If determining that there is a match, the discard/pass determination portion 656 instructs the reception packet transfer section 660 to discard the packet in question. (par. 0233), If being instructed to pass the packets, the reception packet transfer section 660 outputs the reception packets to the memory 8 so that the packets be stored therein to be ready for output to the processor 4.]
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Ikoma et al. (US Patent Publication # 2006/0067231 A1) in view of Schmidt et al. (US 2009/0028186 A1) in view of Tuck, III et al. (US Patent Publication # 2003/0039258 A1) in view of Kotelba et al. (US 2007/0177626 A1).
As per claim 28, Ikoma in view of Schmidt in view of Tuck, III discloses “The method of claim 27,” as [see rejection of claim 27.]
Ikoma in view of Schmidt in view of Tuck, III does not explicitly discloses “wherein the type of data includes at least one of: real time data, non-real time data, voice data, or video data”.
However, Kotelba discloses “wherein the type of data includes at least one of: real time data, non-real time data, voice data, or video data” as [(par. 0003), A terminal adapter can often classify and prioritize communication packets to guarantee Quality of Service (QoS) for voice calls. For example, a terminal adapter can prioritize voice media stream packets over voice control packets over data packets to guarantee QoS for voice calls”.
Ikoma et al. (US Patent Publication # 2006/0067231 A1) and Kotelba et al. (US 2007/0177626 A1) are analogous art because they are the same field of endeavor of network communication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kotelba’s teaching into Ikoma's teaching to result in the invention as claimed. The motivation for making the above modification would be to guarantee QoS. (Kotelba, par. 0003)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mang Hang Yeung whose telephone number is (571)-270-7319 The examiner can normally be reached on Mon through Th (9:00 am to 4:00pm EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Song can be reached on (571) 270-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANG HANG YEUNG/Primary Examiner, Art Unit 2417