Response to Amendment
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 amendment dated 5/20/26 has been received and made of record.
Allowable Subject Matter
Claims 3-7, 11-15 , 18-19 and 22-27 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Applicant argument with claims claim 1,10, 16 and 21 have been fully considered but are not persuasive for the following reasons.
For example, applicant alleges Zhu does not disclose or contemplate the concepts of use internet local delay based on "network local delay" and "user local delay" as separately measured values. Zhu's subtraction operation (T4 - T1 - DIFF_T) serves a fundamentally different purpose - removing processing time from an RTT - rather than isolating Internet access delay by comparing two independently measured local delay metrics. Therefore, Zhu discloses calculating RTT as a difference between timestamps in a single end-to-end measurement - particularly, the round-trip time minus the processing interval at the receive end. Most critically, Zhu's RTT formula (T4 - T1 - DIFF_T) is not a difference between a "network local delay" and a "user local delay." Zhu's calculation is a round-trip time calculation subtracting a processing interval (DIFF_T = T3 - T2, the time spent at the receive end processing the packet). This is fundamentally different from computing the user internet access delay by subtracting two”.
In response, examiner respectfully disagrees and asserts Zhu discloses determining, by the analysis server, a user Internet access delay based on a difference between the network local delay and the user local delay,” as discussed below.
First, instant application section [0042] describes “a user Internet access delay based on a difference between the network local delay and the user local delay” as follows:
[0042] In this optional manner, the difference obtained by subtracting the network local delay from the user local delay is calculated. The difference is directly used as the user Internet access delay, that is, the user Internet access delay is obtained by subtracting the network local delay from the user local delay.
[0091] Optionally, the user Internet access delay obtaining module is configured to determine that the user Internet access delay is a difference obtained by subtracting the network local delay from the user local delay.
Second, Zhu discloses as described above section of the instant application the user Internet access delay is difference between the network local delay and the user local delay” and obtained by subtracting the network local delay from the user local delay that is consistent the mechanism Zhu obtains user Internet access delay.
For example, Zhu first determine user local delay as a modem and a WI-FI transmission delay (see par. 0033-0037).
For example, Zhu discloses determining data transmission delay which equivalent “user internet access delay” and also determines modem processing delay which “user local delay” and the WIFI delay is equivalent to “network Local delay”(see pars. 0033-0038, in considering user internet access delay Zhu considers data is transmitted using both the WI-FI module and the modem, if the data transmission delay of the WI-FI module is greater than the second threshold, and a data transmission delay of the modem is less than the second threshold)
As illustrated section [0136] Zhu discloses the delay is used as an example to describe delay calculation manners for networks. The data transmission delay mentioned in this application may be an RTT. As shown in FIG. 13, a sending timestamp T1 is carried in a data packet P1 sent by a transmit end at a T1 moment. A receive end receives the data packet P1 at a T2 moment, and after an interval DIFF, the receive end returns a response message to the transmit end at a T3 moment. The transmit end receives the response message at a T4 moment. In this case, the delay RTT is RTT=T4−T1−DIFF_T, where DIFF_T=T3−T2. The response message carries the sending timestamp T1 and the interval DIFF_T. The interval may be a time consumed during processing on a received data packet by the receive end. When the receive end is an agent of a server, the interval may include a difference between a time when the agent of the server sends a received data packet to a server and a time when the agent of the server receives a returned packet from the server. Therefore, the data transmission delay in the embodiments of this application is obtained based on a time difference between a sending timestamp of a data packet and a receiving timestamp of a response message of the data packet. Optionally, the data transmission delay may be obtained after smoothing a plurality of time differences obtained through calculation.
Furthermore, Zhu discloses game application server which equivalent to analysis server determines the user internet access delay as illustrated section 0095 where Using the delay as an example, optimal experience of a game application may require a delay threshold of 100 milliseconds (ms), and a delay threshold reaching a standard may be 200 ms. In this case, a second threshold of a delay of the game application may be set to 200 ms, and a first threshold may be set to 100 ms. Optimal experience of an instant messaging application may require a delay threshold of 700 ms, and a delay threshold reaching a standard may be 1000 ms. In this case, a second threshold of a delay of the instant messaging application may be set to 1000 ms, and a first threshold may be set to 700 ms. As shown in FIG. 8, using the delay as an example, a delay value less than or equal to the value of the first threshold is a delay value that satisfies fluid user experience, and a delay value greater than or equal to the value of the second threshold is a delay value causing extremely poor user experience.
In addition Zhu discloses describes a user Internet access delay based on a difference between the network local delay and the user local delay (see fig.10 steps 101 to 104 and pars. 0116-0123 and fig. 11, par. 0135-0136).
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, 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.
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.
Claims 1, 2, 10, 16, 20 AND 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. U.S. Patent Application Publication No. 2020/0245406[hereinafter Zhu] in view of Jung et al. U.S. Patent Application Publication No. 2020/0053606 [hereinafter Jung].
As per claim 1,10, 16 and 21 Zhu discloses a wireless network delay processing method, comprising:
obtaining, by an analysis server[an application development vendor through service logic statistics collection and analysis server], a network local delay via an interaction packet [control packet] between a modem and wherein the network local delay is a first packet (P1) transmission delay (T1) between the modem and the access server(access 207)(see par, 0038, 0110, 0112 that is a data transmission delay of the modem, periodically detects a data transmission delay of the wireless local area network, as shown in FIG. 13, a sending timestamp T1 is carried in a data packet P1 sent by a transmit end at a T1 moment);
obtaining, by the analysis server, a user local delay in a process of establishing a session between a terminal device (201/203) in a wireless network and a service server in the Internet via the modem(204), wherein the user local delay is a second packet transmission delay between the terminal device and the access server(
see fig. 2, user device 201, modem 204, access server 207, and see par. 0072); and
determining, by the analysis server, a user Internet access delay based on a difference between the network local delay and the user local dela.(see pars.0110-0111, 0136, wherein the user Internet access delay is a third packet transmission delay between the terminal device and the modem
Zhu does not explicitly disclose authentication on the modem and wherein the modem converts a signal from a wireless network into a form suitable for wired network transmission.
Jung discloses authentication on the modem (see par. 0091) and wherein the modem converts a signal from a wireless network into a form suitable for wired network transmission(see par. 0035).Therefore it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate ethe teachings of Jung into the system of Zhu, thus enabling the modem to authenticated so that it can be reused again and therefore, to convert a signal from the wireless network in which the terminal device is located into a form suitable for network transmission.
As per claim 2, Zhu discloses the wireless network delay processing method of claim 1, further comprising: obtaining the network local delay based on the interaction packet and sending the network local delay(see pars. 0110-0111); and receiving, by the analysis server, the network local delay from the access server, wherein there is a communication connection between the analysis server and the access server(see par. 0110, 0112 that is a data transmission delay of the modem, periodically detects a data transmission delay of the wireless local area network, as shown in FIG. 13, a sending timestamp T1 is carried in a data packet P1 sent by a transmit end at a T1 moment).
As per claim 9. And 20 Jung discloses The wireless network delay processing method of claim 1, wherein the modem is an optical modem, wherein the optical modem is configured to convert, into a form suitable for optical fiber line transmission, a signal from the wireless network in which the terminal device is located(see par. 0035).
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
