Notice of 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 .
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Papa et al. (US 2015/0078167), the prior art discloses another network configuration may be supported in which LTE relay functionality is supported by one or both of node’s UE/eNB 102 and UE/eNB 104; see figure 1 & ¶ 0029.
Response to Arguments
Applicant remarks, filed on 04/09/2025, argues that the cited portion of the prior art, individually or in combination, fails to discloses the features in claim 1, specifically those pertaining to the act of “distributing the downlink bandwidth estimated value throughout the network to at least one intermediary node between a core network node and at least one access node, the intermediary node configured to further distribute the downlink bandwidth estimated value to the at least one access node”. Examiner respectfully disagrees. Werner discloses that the network includes a cSON server, wherein the cSON server provide the load balancing assistance data [downlink bandwidth estimated value] to the at least one of the plurality small cell base stations; see figure 10 block 1030 & ¶ 0105. Also, the network includes a relay station; wherein the relay station receives a transmission of data and/or other information from an upstream station (e.g., an eNB or a UE) and sends a transmission of the data and/or other information [load balancing assistance data] to a downstream station (e.g., a UE or an eNB); see ¶ 0118. Examiner notes that the cSON server is located at the mobile operator core network; see ¶ 0050. Thus, the load balancing assistance data, determined by the cSON server, will need to traverses from the core network to the access network in order to reach the access node; wherein traversing the networks implies the use of the intermediary devices such as the relay station.
Furthermore, Applicant remarks argues that the relay is downstream of eNodeB 1310A and between eNodeB 1310A and UE 1320R as show in figure 13 of Werner prior art. Examiner agrees that the figure shows the scenario where the relay is downstream of the eNodeB. However, the specification discloses that the relay can provide the information in between the small cell BS and the macro-BS; see ¶ 0118. Therefore, in this scenario the relay would be in between the core network node and the access node [small cell BS].
Examiner fully considered the arguments but found them not persuasive.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, 8-9, 11, 15, and 18-19 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Guo et al. (US Publication No. 2014/0022918, hereinafter referred as Guo) in view of Werner et al. (US Publication No. 2016/0057679, hereinafter referred as Werner).
Regarding claims 1, Guo discloses performing active measurements of a maximum achievable bandwidth for the network (The backhaul performance measurements includes active measurements; see ¶ 0102. The measurement report includes peak throughput; see ¶ 0056.);
determining an uplink direction bandwidth estimation for the network by running test
execution for a predetermined test-duration time using UDP packets (The measurement includes uplink throughput; see ¶ 0102. Uplink throughput test for uploading a test file using UDP from the measurement program on the wireless AP to the measurement program on the measurement server; see ¶ 0108. It is interpreted that the uplink throughput test is performed for a finite amount of time.);
determining a downlink direction bandwidth estimation for the network by running test
execution for a predetermined test-duration time using UDP packets (The measurement includes downlink throughput; see ¶ 0102. Downlink throughput test for uploading a test file using UDP from the measurement program on the wireless AP to the measurement program on the measurement server; see ¶ 0109. It is interpreted that the uplink throughput test is performed for a finite amount of time.).
Guo fails to disclose “determining …; and distributing…; performing …”. However, in analogous art, Werner discloses determining, using the uplink direction bandwidth estimation and the downlink direction estimation bandwidth, a bandwidth estimation conclusion for the network (A cSON server receives capacity report from each of the plurality of small cell base stations, wherein the capacity report indicates an uplink/downlink capacity state of the connection; see figure 10 block 1010 & ¶ 0101-0102. The cSON server determines load balancing assistance data for at least one of the plurality if small cell base stations; see figure 10 block 1020 & ¶ 0103.); and
distributing the downlink bandwidth estimated value throughout the network (The cSON server provide the load balancing assistance data [downlink bandwidth estimated value] to the at least one of the plurality small cell base stations; see figure 10 block 1030 & ¶ 0105.)
to at least one intermediary node between a core network node and at least one access node, the intermediary node configured to further distribute the downlink bandwidth estimated value to the at least one access node (The wireless communication system also includes a relay station in between the small cell BS and the macro-BS; see figure 13 & ¶ 0118. A relay station is a station that receives a transmission of data and/or other information from an upstream station (e.g., an eNB or a UE) and sends a transmission of the data and/or other information [load balancing assistance data] to a downstream station (e.g., a UE or an eNB); see ¶ 0118.);
performing admission control based on the downlink bandwidth estimated value at a location at the edge of the network (The at least one of the pluralities of small base station perform hand off [admission control] to at least one user device of the one or more user devices to another small cell base station of the plurality of small cell base stations, etc., as directed by the load balancing assistance data [estimated value]; see ¶ 0105.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an backhaul rate limit mechanism in order to avoid impact to Internet traffic by fulfilling the rate limit more quickly; see ¶ 0098.
Regarding claims 5 and 15, Guo discloses that the network has a maximum-bandwidth uplink bandwidth (The measurement report includes peak throughput for traffic in uplink and downlink directions respectively; see ¶ 0056.).
Regarding claims 8 and 18, Guo discloses that the network has a maximum-bandwidth downlink bandwidth (The measurement report includes peak throughput for traffic in uplink and downlink directions respectively; see ¶ 0056.).
Regarding claims 9 and 19, Guo fails to disclose distributing the uplink bandwidth estimated value throughout the network. However, in analogous art, Werner discloses that the cSON server provide the load balancing assistance data [ estimated value] to the at least one of the plurality small cell base stations; see figure 10 block 1030 & ¶ 0105. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an backhaul rate limit mechanism in order to avoid impact to Internet traffic by fulfilling the rate limit more quickly; see ¶ 0098.
Regarding Claim 11, the claim introduces the concept of “a non-transitory computer-readable medium containing instructions for providing backhaul bandwidth estimation for a network that when executed, causes a network to perform steps…”. However, it is inherent that the server would include A non-transitory computer-readable medium containing instructions for providing backhaul bandwidth estimation for a network that when executed, causes a network to perform operations of the claim. Therefore, the claim is rejected under the same rational as the claim 1.
Claims 2, 4, 7, 12, 14, and 17 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Guo, Werner, and further in view of Park et al. (US Publication No. 2018/0077032, hereinafter referred as Park).
Regarding claims 2 and 12, Guo, as modified, fails to disclose the performing active measurements of a maximum achievable bandwidth for the network comprises using an IPerf server. However, in analogous art, Park discloses that the active monitoring (e.g. iPerf) use a user datagram protocol (UDP) echo packet for transmitting and receiving a probe packet; see ¶ 0038. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an iPerf feature in order to improve the management of the quality of experience (QoE) between various wired/wireless networks.; see ¶ 0001.
Regarding claims 4 and 14, Guo fails to disclose that the UDP packets have a predetermined packet-size. However, in analogous art, Park discloses that the active monitoring (e.g. iPerf) use a user datagram protocol (UDP) echo packet for transmitting and receiving a probe packet; see ¶ 0038. The information for imitating the traffic of the service to be measured may include at least one of a packet size; see ¶ 0097. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an iPerf feature in order to improve the management of the quality of experience (QoE) between various wired/wireless networks.; see ¶ 0001.
Regarding claims 7 and 17, Guo fails to disclose that the UDP packets have a predetermined packet-size. However, in analogous art, Park discloses that the active monitoring (e.g. iPerf) use a user datagram protocol (UDP) echo packet for transmitting and receiving a probe packet; see ¶ 0038. The information for imitating the traffic of the service to be measured may include at least one of a packet size; see ¶ 0097. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an iPerf feature in order to improve the management of the quality of experience (QoE) between various wired/wireless networks.; see ¶ 0001.
Claims 21-24 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Guo, Werner, and further in view of Gilfix et al. (US Publication No. 2008/0008090, hereinafter referred as Gilfix).
Regarding claims 21 and 22, Guo fails to disclose performing mesh node admission control. However, in analogous art, Gilfix discloses that the admission control algorithm called the estimation algorithm for every single request, regardless of whether the request is admitted or rejected; see ¶ 0096. The network topology is a mesh configuration; see ¶ 0007. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an admission control feature in order to enable high levels of access to network processes and associated data without comprising quality user experience.
Regarding claims 23 and 24, Guo fails to disclose performing traffic shaping. However, in analogous art, Gilfix discloses that the estimator used within the traffic shaping algorithm performs a continual, real-time capacity estimation for each member of the cluster. This enables the estimator to determine when to ask the reservation coordinator for additional rate capacity, and when to release rate capacity back into the cluster; see ¶ 0110. The network topology is a mesh configuration; see ¶ 0007. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo measurement system with an admission control feature in order to enable high levels of access to network processes and associated data without comprising quality user experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HECTOR REYES whose telephone number is (571)270-0239. The examiner can normally be reached M-F 6-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Bates can be reached on (571) 272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/H.R/Examiner, Art Unit 2472
/KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472