DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Regarding first argument:
Applicant argues in substance that amended independent claims overcome previously cited prior art.
Examiner respectfully disagrees. Independent claims have been amended to include that the first channel is reserved for latency sensitive traffic. Previously cited prior art ¶0126 states that “connection 1 exclusively for DNS traffic (small packets, low latency)” which in effect is being reserved for a latency sensitive traffic.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 8-10, 13-14, 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sze (US 20200236043 A1) hereafter Sze.
Regarding Claim 1:
Sze discloses:
A method, comprising: mapping one or more latency sensitive services to a plurality of channels; ([¶0068] use of multiple data connections, may include different channels over a same network, [¶0070] may be ideal for specific type of communication e.g. low latency) obtaining data to be transmitted, the data including latency sensitive data and non- latency sensitive data, the first channel being reserved for latency sensitive traffic;([¶0088] receives input (data flows) from source endpoint and sequences the data packets…prior to transmission [¶0116] low latency…latency insensitive[¶0126] connection 1 exclusively for DNS traffic (small packets, low latency)) identifying a first channel of the plurality of channels for the latency sensitive data;(Fig. 6, [¶0123] 2 connections, [¶0124] connection 1: 1ms RTT, [¶0126] connection 1 exclusively for DNS traffic (small packets, low latency)) identifying a second channel of the plurality of channels for the non-latency sensitive data; (Fig. 6, [¶0123] 2 connections, [¶0125] connection 2: 30ms RTT, [¶0126] overflow traffic to connection 2, [¶0127] optimize packet delivery while taking into account the characteristics of the data connections, [¶0128] primary criteria, in some embodiments, based on latency) transmitting the latency sensitive data on the first channel; ([¶0124] connection 1: 1ms RTT, [¶0126] connection 1 exclusively for DNS traffic (small packets, low latency)) and transmitting the non-latency sensitive data on the second channel. ([¶0125] connection 2: 30ms RTT, [¶0126] overflow traffic to connection 2, [¶0127] optimize packet delivery while taking into account the characteristics of the data connections, [¶0128] primary criteria, in some embodiments, based on latency)
Regarding Claim 2:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
wherein the first channel and the second channel are different widths. ([¶0116] latency and bandwidth considerations are particularly important, [¶0124] channel 1…0.5Mbps estimated bandwidth, [¶0125] channel 2…10Mbps estimated bandwidth)
Regarding Claim 3:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
wherein the first channel is a smaller width than the second channel. ([¶0116] latency and bandwidth considerations are particularly important, [¶0124] channel 1…0.5Mbps estimated bandwidth, [¶0125] channel 2…10Mbps estimated bandwidth)
Regarding Claim 5:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
wherein the first channel is associated with a first link of a multi-link device, wherein the second channel is associated with a second link of the multi-link device. ([¶0042] linked by N data connections, [¶0043] links with varying network characteristics, [¶0124] channel 1, 1ms RTT, 0.5Mbps estimated bandwidth, [¶0125] channel 2, 30ms RTT, 10Mbps estimated bandwidth)
Regarding Claim 6:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
further comprising transmitting additional non-latency sensitive data on a third channel. (Fig. 6,[¶0206] connection 3…latency 500 ms, [¶0207] all packets could be acknowledged more quickly than even one packet could be sent via Connection 3)
Regarding Claim 8:
Sze discloses:
A method, comprising: mapping one or more latency sensitive services to a plurality of channels of a multi- link device,([¶0100] configured to evaluate each data flow received by the multipath gateway 104 for transmission, and is configured to apply a flow classification approach to determine the type of traffic being sent and its requirements) the plurality of channels including a first channel and a second channel, the first channel being reserved for latency sensitive traffic; (Fig. 6, [¶0123] 2 connections, [¶0124] connection 1: 1ms RTT, [¶0126] connection 1 exclusively for DNS traffic (small packets, low latency)) obtaining data to be transmitted, ([¶0088] receives input (data flows) from source endpoint and sequences the data packets…prior to transmission) the data including latency sensitive data and non- latency sensitive data, at least some of the data being associated with a latency sensitive service of the one or more latency sensitive services; assigning at least a portion of the latency sensitive data to the first channel in view of an association to a latency sensitive service; and assigning the non-latency sensitive data to the second channel. ([¶0116] low latency…latency insensitive, Fig. 6, [¶0123] 2 connections, [¶0125] connection 2: 30ms RTT, [¶0126] overflow traffic to connection 2, [¶0127] optimize packet delivery while taking into account the characteristics of the data connections, [¶0128] primary criteria, in some embodiments, based on latency)
Regarding Claim 9:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
wherein the latency sensitive data is assigned to the first channel on a per-packet basis. ([¶0207], [¶0209]-[¶0214] configured to route the packets such that the potentially time varying latency of the various links is taken into account in real time)
Regarding Claim 10:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
wherein assigning the at least a portion of the latency sensitive data to the first channel includes: assigning a first packet of the latency sensitive data to the first channel; and assigning a second packet of the latency sensitive data to the second channel. ([¶0204]-[¶0214] configured to route the packets such that the potentially time varying latency of the various links is taken into account in real time)
Regarding Claim 17:
A multi-link device, comprising: a memory; and one or more processors operatively coupled to the memory,([¶0331] including at least one processor, a data storage system (including volatile memory or non-volatile memory or other data storage elements or a combination thereof)) the one or more processors being configured to execute operations comprising([¶0333] technical solution of embodiments may be in the form of a software product…software product includes a number of instructions that enable a computer device (personal computer, server, or network device) to execute the methods provided by the embodiments.) obtain data to be transmitted, the data including latency sensitive data and non- latency sensitive data; ([¶0088] receives input (data flows) from source endpoint and sequences the data packets…prior to transmission [¶0116] low latency…latency insensitive) assign at least a portion of the latency sensitive data to a first channel, the first channel being reserved for latency sensitive traffic; ([¶0124] connection 1: 1ms RTT, [¶0126] connection 1 exclusively for DNS traffic (small packets, low latency)) and assign non-latency sensitive data to a second channel, the first channel having a smaller width than the second channel. ([¶0125] connection 2: 30ms RTT, [¶0126] overflow traffic to connection 2, [¶0127] optimize packet delivery while taking into account the characteristics of the data connections, [¶0128] primary criteria, in some embodiments, based on latency)
Regarding Claim 18:
The limitations of parent claims are disclosed by Sze.
Sze discloses:
further comprising a first link and a second link, wherein the first channel is associated with the first link of the multi-link device, wherein the second channel is associated with the second link of the multi-link device.
Claims 13, 14, and 16 are functionally equivalent to claims 2, 3, and 5 and are therefore rejected under the same grounds of rejection as claims 2, 3, and 5 respectively.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 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.
Claim(s) 4, 7, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sze in view of Cariou (US 20210144696 A1) hereafter Cariou.
Regarding Claim 4:
The limitations of parent claims are disclosed by Sze.
Sze does not disclose:
The method of claim 2, wherein the first channel is 20 MHz and the second channel is at least 80 MHz.
Cariou discloses:
The method of claim 2, wherein the first channel is 20 MHz and the second channel is at least 80 MHz. ([¶0017] The channel may be a 20MHz, 40MHz, or 80 MHz, 160MHZ 320MHz contiguous bandwidths)
Sze and Cariou are analogous as they both pertain to wireless communications. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sze to implement a 20 MHz and an 80 MHz bandwidts as taught by Cariou in order to increase utilization or wireless frequency channels [Title, Cariou].
Regarding Claim 7:
The limitations of parent claims are disclosed by Sze.
Sze does not disclose:
The method of claim 1, wherein a total available width for channels is at least 320 MHz.
Cariou discloses:
The method of claim 1, wherein a total available width for channels is at least 320 MHz. ([¶0017] The channel may be a 20MHz, 40MHz, or 80 MHz, 160MHZ 320MHz contiguous bandwidths)
Sze and Cariou are analogous as they both pertain to wireless communications. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sze to implement a 20 MHz and an 80 MHz bandwidths as taught by Cariou in order to increase utilization or wireless frequency channels [Title, Cariou].
Claims 15 and 19 are functionally equivalent to claims 4 and 7 and are therefore rejected under the same grounds of rejection as claims 4 and 7 respectively.
Claim(s) 11-12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sze in view of Li (US 20160249361 A1) hereafter Li.
Regarding Claim 11:
The limitations of parent claims are disclosed by Sze.
Sze does not disclose:
wherein the first channel is selected in view of an amount of interference on the first channel being below an interference threshold.
Li discloses:
wherein the first channel is selected in view of an amount of interference on the first channel being below an interference threshold. ([¶0054] detects a sub-channel triggering event…triggering event may include…performance metrics indicating when channel bandwidth needs to be changed(such as… when interference is detected))
Sze and Li are analogous as they both pertain to Wireless Communication. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sze to include interference measurement in channel selection as taught by Li in order to improve performance during communication. [Abstract, Li]
Regarding Claim 12:
The limitations of parent claims are disclosed by Sze.
Sze does not disclose:
wherein the first channel is selected to map from a group of available channels by: determining an interference level for each channel of the group of available channels the first channel having a first interference level; and selecting the first channel in view of the first interference level being lower than each other interference level for each channel of the group of available channels.
Li discloses:
wherein the first channel is selected to map from a group of available channels by: determining an interference level for each channel of the group of available channels the first channel having a first interference level; ([¶0054] detects a sub-channel triggering event…triggering event may include…performance metrics indicating when channel bandwidth needs to be changed(such as… when interference is detected)) and selecting the first channel in view of the first interference level being lower than each other interference level for each channel of the group of available channels. (Fig. 5, [¶0065] another sub-channel may be selected, e.g., if there is interference)
Sze and Li are analogous as they both pertain to Wireless Communication. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sze to include interference measurement in channel selection as taught by Li in order to improve performance during communication. [Abstract, Li]
Regarding Claim 20:
The limitations of parent claims are disclosed by Sze.
Sze does not disclose:
the first channel being assigned based on an interference measurement related to the first channel.
Li discloses:
the first channel being assigned based on an interference measurement related to the first channel. (Fig. 5, [¶0065] device may determine if the RSSI is greater than a threshold…may select a subchannel…however, another sub-channel may be selected, e.g., if there is interference, if RSSI is not greater than a threshold, the electronic device may select a subchannel)
Sze and Li are analogous as they both pertain to Wireless Communication. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sze to include interference measurement in channel selection as taught by Li in order to improve performance during communication. [Abstract, Li]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH MARK ASHLEY whose telephone number is (571)272-0199. The examiner can normally be reached M-F 8-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571) 272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MARK ASHLEY/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463