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 .
The claims 1-20 are pending.
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive.
A. Applicant argues that Black does not disclose a distributed access architecture.
In reply, the examiner respectfully disagrees.
Black discloses a digital communication system 50 including two Access Terminals (ATs) 52 and 82 communicating via Base Station (BS) 70 (Fig. 1; paragraph 0055-0056). Accordingly, the digital communication system is a distributed access architecture.
B. Applicant argues that Black does not disclose An RMD or an RPD.
In reply, the examiner respectfully disagrees.
Black discloses a digital communication system 50 includes the physical layer processing unit 302 (RPD) and the Forward Link (FL) Medium Access Control (MAC) processing unit 300 (RMD) (Figs. 11-12). Accordingly, Black discloses a physical layer device and MAC layer device.
C. Applicant argues that Black does not disclose measuring the amount of jitter in the communication network.
In reply, the examiner respectfully disagrees.
Applicant discusses two prior art references White and Black. However, it is unclear whether the arguments were directed to White or Black since applicant did not provide any sections or paragraphs for the submitted remarks.
Black discloses monitoring to maintain the buffer at the target delay length, i.e., the amount of data to achieve the target delay time (paragraph 0095-0097; 0110-0113). Accordingly, Black discloses a target delay time.
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Black et al (US Publication No. 2006/0045139 A1).
With respect to claim 1, Black teaches a remote device (access terminals (ATs) 52 and 82) in a distributed access architecture of a communications network (digital communication system, Fig. 1), the remote device operatively connected to a core (BS 70) providing data to the remote device, the remote device including a dejitter buffer (de-jitter buffer, paragraph 0057-0059) and a processor configured to measure the amount of jitter in the communications network based on a measured queue depth in the dejitter buffer relative to a plurality of different adjustable thresholds (paragraph 0110-0113 disclose tracking delayed underflows based on thresholds as a fraction of the de-jitter target length).
With respect to claim 2, Black teaches where the amount of jitter is measured based on a current position of each of the plurality of different thresholds (paragraph 0110-0113 disclose tracking delayed underflows based on thresholds as a fraction of the de-jitter target length).
With respect to claim 3, Black teaches where the dejitter buffer includes a plurality of queues (Fig. 13B).
With respect to claim 4, Black teaches where the processor is configured to measure the amount of jitter based on a measured depth of each of the plurality of queues relative to a plurality of adjustable thresholds associated with each queue (paragraph 0110-0113 disclose tracking delayed underflows based on thresholds as a fraction of the de-jitter target length).
With respect to claim 5, Black teaches where the queue depth is measured relative to a first adjustable threshold independently of a measurement relative to a second adjustable threshold (Fig. 13B).
With respect to claim 6, Black teaches where the queue depth is measured based on the difference between a location in the queue of the first adjustable threshold and a location in the queue of the second adjustable threshold (Fig. 13B discloses different thresholds).
With respect to claim 7, Black teaches where each adjustable threshold is adjusted based on detection that the respective threshold is crossed (paragraph 0053; 0136; 0151).
With respect to claim 8, Black teaches where the jitter is measured based on a determined interpacket gap (paragraph 0081; 0149).
With respect to claim 9, Black teaches where the processor is configured to adjust at least one threshold based on a delay (paragraph 0053; 0136; 0151).
With respect to claim 10, Black teaches where the processor is configured to adjust at least one threshold without the delay (paragraph 0081-0083; 0151).
With respect to claim 11, Black teaches a method of measuring current jitter in a queue of a remote device in a distributed access architecture of a communications network (Abstract), the method comprising: measuring a queue depth in the dejitter buffer relative to each of a plurality of different adjustable thresholds (paragraph 0054; 0110-0113; Fig. 13B disclose de-jitter target length with different thresholds); measuring current jitter using a position in the queue of each of the plurality of different adjustable thresholds (paragraph 0110-0113 disclose tracking delayed underflows based on thresholds as a fraction of the de-jitter target length).
With respect to claim 12, Black teaches implemented in at least one of an RPD and an RMD (Fig. 11).
With respect to claim 13, Black teaches where the dejitter buffer includes a plurality of queues (Fig. 13B).
With respect to claim 14, Black teaches where the amount of jitter is measured based on a measured depth of each of the plurality of queues relative to a plurality of adjustable thresholds associated with each queue (paragraph 0110-0113 disclose tracking delayed underflows based on thresholds as a fraction of the de-jitter target length).
With respect to claim 15, Black teaches where the queue depth is measured relative to a first adjustable threshold independently of a measurement relative to a second adjustable threshold (Fig. 13B).
With respect to claim 16, Black teaches where the queue depth is measured based on the difference between a location in the queue of the first adjustable threshold and a location in the queue of the second adjustable threshold (Fig. 13B discloses different thresholds).
With respect to claim 17, Black teaches where each adjustable threshold is adjusted based on detection that the respective threshold is crossed (paragraph 0053; 0136; 0151).
With respect to claim 18, Black teaches where the current jitter is measured based on a determined interpacket gap (paragraph 0081; 0149).
With respect to claim 19, Black teaches where at least one threshold is adjusted based on a delay (paragraph 0053; 0136; 0151).
With respect to claim 20, Black teaches where at least one threshold is adjusted without the delay (paragraph 0081-0083; 0151).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEIKH T NDIAYE whose telephone number is (571)270-3914. The examiner can normally be reached Monday-Friday 8:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOON H HWANG can be reached at 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHEIKH T NDIAYE/Primary Examiner, Art Unit 2447
01/12/2026