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 Remarks
This Office Action is considered to be fully responsive to the communications filed on 03/17/2026. Claims 1-23 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks page 9, filed 03/17/2026, with respect to the objection to the Title have been fully considered and are persuasive. The objection to the title has been withdrawn.
Applicant’s arguments, see Remarks pages 9-12, filed 03/17/2026, with respect to the rejections of claims 1-23 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but are not persuasive. Applicant argues on pages 9-11 that Thibeault does not teach certain features of independent claim 1, where Applicant’s arguments regarding claim 1 can be broken down into two main points as follows: Firstly, Applicant argues on pages 9-10 that “nowhere does Thibeault disclose ‘sending ... information indicative of a current value of a channel bonding parameter of the modem device that controls a maximum quantity of secondary uplink channels the modem device can bond, wherein the modem device bonds secondary uplink channels in response to impairment of one or more high-bandwidth uplink channels....’”. Applicant’s reasoning for this assertion is that “’high-bandwidth uplink channels’ are not ‘secondary uplink channels’”. Examiner however disagrees with this opinion, as Thibeault does teach this feature as it is written, and a claim mapping has been provided below. This is simply a case of naming convention, where by the broadest reasonable interpretation of the claim language, Thibeault does teach the claimed “secondary uplink channels” because the impaired channels are a distinct group of channels (i.e. the claimed “high-bandwidth uplink channels” that are impaired) different from the channels that are not impaired and are still able to be used (i.e. the claimed “secondary uplink channels”). Additionally, Thibeault clearly discloses in previously cited [Fig. 4] that there is an incremented counter, where [0042] describes that the counter corresponds to each affected channel and in [0044]-[0045] there is a difference calculated based on the counter values for the affected channels. This is in direct contradiction to Applicant’s claims that Thibeault does not teach the above-mentioned limitation. Examiner would like to note that the claim language specifically recites “sending, by a modem device to a network entity, information indicative of a current value of a channel bonding parameter of the modem device that controls a maximum quantity of secondary uplink channels the modem device can bond” (emphasis added). The claim language, as it is written, only requires “information indicative of” this parameter which controls a maximum quantity of channels that can be bonded. The above-mentioned passages and figure of Thibeault clearly state that the indication of partial service mode indicates information about which channels are affected, and this information is used to increment a counter of the number of channels (which does indeed indicate a maximum number of channels that can be bonded). Applicant argues on page 10 of Remarks that “For example, the "maximum quantity of secondary uplink channels the modem device can bond" could be less than the quantity of remaining channels”. However as the claim language is written, the limitation in question is more broad, and it does not require this scenario to be true. Therefore, Thibeault does teach the limitation as it is written, and a claim mapping has been provided below. Secondly, Applicant argues on page 11 of Remarks about the “responsive to sending the information, receiving, by the modem device from the network entity, information indicative of a replacement value for the channel bonding parameter of the modem device, wherein the replacement value is less than the current value” limitation. Applicant recites a similar argument to what was discussed above that “excluding a ‘high-bandwidth uplink channel’ from being bonded has no effect on the ‘maximum quantity of secondary uplink channels the modem device can bond,’ because a ‘high- bandwidth uplink channel’ is not a ‘secondary uplink channel’”, where Applicant does not provide any other rationale as to why these two channels are different. Once again, Examiner disagrees with this opinion, as Thibeault does teach these features, and a claim mapping has been provided below. As was previously discussed, this is again a case of naming convention, where the excluded channels are a distinct group (impaired high-bandwidth uplink channels) from the channels that can be bonded (secondary uplink channels). If Applicant believes that these channels do indeed differentiate the claimed invention from the prior art cited, Examiner encourages Applicant to amend the independent claims to further specify how the claimed “high-bandwidth uplink channels” are different from the “secondary uplink channels”, and what a “secondary uplink channel” comprises. Applicant further argues on pages 11-12 of Remarks about independent claim 20. Applicant states on page 12 of Remarks that “nowhere does Milley disclose to ‘determine a number of DOCSIS-compatible secondary channels to bond ... wherein a secondary DOCSIS-compatible channel comprises a maximum bandwidth capacity less than that of a high-bandwidth DOCSIS-compatible channel’”. Applicant’s rationale for this assertion is that “The conceptual existence of bondable DOCSIS channels does not disclose to ‘determine a number of DOCSIS-compatible secondary channels to bond.’ Milley makes no mention whatsoever of ‘determin[ing] a number of ... channels to bond,’ much less ‘determin[ing] a number of DOCSIS-compatible secondary channels to bond ... based at least in part on a pre-configured value of a channel bonding parameter.’”. Examiner however disagrees with this opinion, as Milley does teach these features, and a claim mapping is provided below. As was previously cited, [0010] of Milley states “This also allows for partial service mode where in case one of the channels experiences an impairment, a user may still be able to use the rest of the bonded channels in order to upload and/or download content to their devices. The cable modem and the CMTS would need to negotiate and transition away from using a channel that is experiencing the impairment to a channel that is operational”, which clearly teaches that when an impairment occurs, the rest of the remaining channels can be bonded and used (where we know these are DOCSIS channels from previously cited [0044] of Milley). This indeed does teach the claim limitation as it is written, which requires a maximum number of channels be determined (the rest of the channels that are not impaired), where it is based on the pre-configured value of a channel bonding parameter (the list of channels already configured in the modem, as the modem determines that the rest of the channels aside from the impaired one(s) can still be used). A full claim mapping for this claim has been provided below. For the reasons discussed above, the rejections to claims 1-23 are maintained. For more details about any of the above mentioned, please see the Claim Rejections section below.
Examiner would like to suggest that Applicant amend the independent claims in a way that further specifies certain features, which could potentially help differentiate the claimed invention from cited prior art. For example, Applicant mentioned on page 10 of Remarks that “For example, the "maximum quantity of secondary uplink channels the modem device can bond" could be less than the quantity of remaining channels”. As long as Applicant has proper support for this feature, Examiner would like to encourage Applicant to amend the independent claims in a way that better reflects this feature.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 7-19, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thibeault et al (US 20160050154 A1).
Regarding claim 1, Thibeault discloses
A method, comprising ([0012] method):
sending, by a modem device to a network entity, information indicative of a current value of a channel bonding parameter of the modem device that controls a maximum quantity of secondary uplink channels the modem device can bond, wherein the modem device bonds secondary uplink channels in response to impairment of one or more high-bandwidth uplink channels ([0019]-[0020], [0041], and [Fig. 4] CTMS receives an indication from a modem (information indicative of channel bonding parameter) of a partial service mode for the modem, where the modem enters partial service mode in response to one or more of the bonded channels becoming problematic (impairment of one or more channels) (maximum quantity of uplink channels that can be bonded; i.e. the remaining channels that are not problematic));
responsive to sending the information, receiving, by the modem device from the network entity, information indicative of a replacement value for the channel bonding parameter of the modem device, wherein the replacement value is less than the current value ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value is less than the current value since less channels are allocated));
replacing, by the modem device, the current value of the channel bonding parameter with the replacement value ([0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded), and the modem now uses channels other than the impaired channel); and
based on the replacement value of the channel bonding parameter, bonding, by the modem device, a number of secondary uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value is less than the current value since less channels are allocated), and the modem now uses channels other than the impaired channel; [0045] and [Fig. 4] load balancing is performed).
Regarding claim 2, Thibeault discloses
The method of claim 1, wherein, prior to sending the information indicative of the current value of the channel bonding parameter, the method comprises ([0012] method):
sending, by the modem device, a first portion of uplink information via the one or more high-bandwidth uplink channels ([0018] the modem bonds channels together and sends and receives data traffic on multiple bonded channels, to and from the CMTS);
detecting, by the modem device, channel impairment for the one or more high-bandwidth uplink channels ([0018]-[0020] while the modem is communicating with the CMTS, at times one or more of the bonded channels may become problematic, and the modem detects the channel impairment); and
determining, by the modem device, to bond secondary uplink channels in response to detecting channel impairment for the one or more high-bandwidth uplink channels ([0020] in response to detecting the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (bonding secondary channels in response to detecting impairment)).
Regarding claim 4, Thibeault discloses
The method of claim 2, wherein detecting the channel impairment for the one or more high-bandwidth uplink channels comprises ([0012] method):
receiving, by the modem device from the network entity, information indicating occurrence of channel impairment for the one or more high-bandwidth uplink channels ([0028]-[0029] the CMTS detects impairment, and sends control messages to the modem to place the modem into partial service mode (information indicating occurrence of channel impairment for one or more of the channels)).
Regarding claim 5, Thibeault discloses
The method of claim 2, wherein the method further comprises ([0012] method):
sending, by the modem device, a second portion of the uplink information via the number of secondary uplink channels less than or equal to the replacement value ([0020] after entering the partial service mode, the modem continues operating and communicating on the remaining channels (sending more uplink information via the number of channels less than or equal to the replacement value)).
Regarding claim 7, Thibeault discloses
The method of claim 6, wherein bonding the number of secondary uplink channels comprises ([0012] method):
based on the replacement value for the channel bonding parameter, bonding, by the modem device, a number of Data over Cable Service Interface Specification (DOCSIS) uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0018] modems bond channels accordance with DOCSIS (DOCSIS uplink channels); [0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value is less than the current value since less channels are allocated), and the modem now uses channels other than the impaired channel; [0045] and [Fig. 4] load balancing is performed).
Regarding claim 8, Thibeault discloses
The method of claim 6, wherein bonding the number of secondary uplink channels comprises ([0012] method):
based on the replacement value for the channel bonding parameter, bonding, by the modem device, a number of single-carrier Quadrature Amplitude Modulation (QAM) uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0029] and [0041] messages may be sent using QAM modulation (QAM uplink channels); [0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value is less than the current value since less channels are allocated), and the modem now uses channels other than the impaired channel; [0045] and [Fig. 4] load balancing is performed).
Regarding claim 9, Thibeault discloses
The method of claim 6, wherein bonding the number of secondary uplink channels comprises ([0012] method):
Based on the replacement value for the channel bonding parameter, bonding, by the modem device, a number of Time-Division Multiple Access (TDMA) uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0017] channels may be shared between modems using TDMA (TDMA uplink channels); [0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value is less than the current value since less channels are allocated), and the modem now uses channels other than the impaired channel; [0045] and [Fig. 4] load balancing is performed).
Regarding claim 10, Thibeault discloses
The method of claim 1, wherein the method further comprises ([0012] method):
receiving, by the modem device from the network entity, information indicative of a second replacement value for the channel bonding parameter of the modem device, wherein the second replacement value is different than the replacement value ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0019] and [0031] one or more bonded channels may be impaired (multiple channels may be impaired, which would give a different value than the first as more channels need to be excluded from the load balancing), and the impaired channels are removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channels are excluded; i.e. the second replacement value is less than the first since even less channels are allocated));
replacing, by the modem device, the replacement value of the channel bonding parameter with the second replacement value ([0019] and [0031] the impaired channels are removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channels are excluded), and the modem now uses channels other than the impaired channel); and
based on the second replacement value for the channel bonding parameter, bonding, by the modem device, a second number of secondary uplink channels less than or equal to the second replacement value of the channel bonding parameter of the modem device ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0019] and [0031] one or more bonded channels may be impaired (multiple channels may be impaired, which would give a different value than the first as more channels need to be excluded from the load balancing), and the impaired channels are removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channels are excluded; i.e. the second replacement value is less than the first since even less channels are allocated), and the modem now uses channels other than the impaired channels; [0045] and [Fig. 4] load balancing is performed).
Regarding claim 11, Thibeault discloses
The method of claim 1, wherein replacing the current value of the channel bonding parameter with the replacement value comprises ([0012] method):
applying, by the modem device, a modification to configuration information of the modem device, wherein the configuration information comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired; [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (configuration modification applied)).
Regarding claim 12, Thibeault discloses
The method of claim 1, wherein replacing the current value of the channel bonding parameter with the replacement value comprises ([0012] method):
applying, by the modem device, a modification to firmware of the modem device, wherein the firmware comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired; [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (firmware modification applied)).
Regarding claim 13, Thibeault discloses
The method of claim 1, wherein replacing the current value of the channel bonding parameter with the replacement value comprises:
applying, by the modem device, a modification to a non-volatile memory device of the modem device, wherein the non-volatile memory device comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired, where channel availability may be stored in RAM or other memory (non-volatile memory device); [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (memory modification applied)).
Regarding claim 14, Thibeault discloses
The method of claim 1, wherein the network entity comprises a Cable Modem Termination System (CMTS) ([0018] modem is in communication with the CMTS).
Regarding claim 15, Thibeault discloses
A computing system, comprising ([Fig. 2] CTMS):
a memory ([0024] CTMS includes memory); and
one or more processor devices coupled to the memory configured to ([0023]-[0024] CTMS includes processor that executes programs stored on the memory):
receive, from a modem device, information indicative of a current value of a channel bonding parameter of the modem device that controls a maximum quantity of secondary uplink channels the modem device can bond ([0019]-[0020], [0041], and [Fig. 4] CTMS receives an indication from a modem (information indicative of channel bonding parameter) of a partial service mode for the modem, where the modem enters partial service mode in response to one or more of the bonded channels becoming problematic (impairment of one or more channels) (maximum quantity of uplink channels that can be bonded; i.e. the remaining channels that are not problematic));
determine a replacement value for the channel bonding parameter of the modem device based at least in part on contextual information indicative of a current secondary uplink channel availability and/or a predicted secondary uplink channel availability ([0031] the impaired channel is removed by the CTMS from the list of channels available (based in part on contextual information indicative of uplink channel availability) to the load balancing process (when load balancing is performed, the impaired channel is excluded), and the modem now uses channels other than the impaired channel); and
provide instructions to the modem device to replace the current value of the channel bonding parameter with the replacement value ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value provided)).
Regarding claim 16, Thibeault discloses
The computing system of claim 15, wherein the one or more processor devices are further configured to ([Fig. 2] CTMS):
receive uplink information from the modem device via a number of secondary uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0018] and [0020] after entering the partial service mode, the modem continues operating and communicating with the CMTS on the remaining channels (sending more uplink information via the number of channels less than or equal to the replacement value)).
Regarding claim 17, Thibeault discloses
The computing system of claim 15, wherein providing the instructions to the modem device to replace the current value of the channel bonding parameter with the replacement value comprises ([Fig. 2] CTMS):
sending, to the modem device, instructions to apply a modification to configuration information of the modem device, wherein the configuration information comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message from the CTMS, then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired; [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (configuration modification applied)).
Regarding claim 18, Thibeault discloses
The computing system of claim 15, wherein providing the instructions to the modem device to replace the current value of the channel bonding parameter with the replacement value comprises ([Fig. 2] CTMS):
sending, to the modem device, instructions to apply a modification to firmware of the modem device, wherein the firmware comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message from the CTMS, then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired; [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (firmware modification applied)).
Regarding claim 19, Thibeault discloses
The computing system of claim 15, wherein providing the instructions to the modem device to replace the current value of the channel bonding parameter with the replacement value comprises ([Fig. 2] CTMS):
sending, to the modem device, instructions to applying a modification to a non-volatile memory device of the modem device, wherein the non-volatile memory device comprises the channel bonding parameter, and wherein the modification replaces the current value of the channel bonding parameter with the replacement value ([0045], [0019], [0022], [0031], and [Fig. 4] load balancing is performed by the CTMS on the modem, where the modem receives DBC message from the CTMS, then changes its configuration of allocated channels to be bonded and applies the changes to use the updated number of allocated channels that are not impaired, where channel availability may be stored in RAM or other memory (non-volatile memory device); [0020] in response to the channel impairment, the modem enters partial service mode, where the problematic channel is no longer used and the remaining channels are used (memory modification applied)).
Regarding claim 21, Thibeault discloses
A network entity, comprising ([Fig. 2] CTMS):
a memory ([0024] CTMS includes memory); and
one or more processor devices coupled to the memory configured to ([0023]-[0024] CTMS includes processor that executes programs stored on the memory):
receive, from a modem device, information indicative of a current value of a channel bonding parameter of the modem device that controls a maximum quantity of secondary uplink channels the modem device can bond, wherein the modem device bonds secondary uplink channels in response to impairment of one or more high-bandwidth uplink channels ([0019]-[0020], [0041], and [Fig. 4] CTMS receives an indication from a modem (information indicative of channel bonding parameter) of a partial service mode for the modem, where the modem enters partial service mode in response to one or more of the bonded channels becoming problematic (impairment of one or more channels) (maximum quantity of uplink channels that can be bonded; i.e. the remaining channels that are not problematic)); and
responsive to sending the information, cause reconfiguration information to be sent to the modem device, wherein the reconfiguration information is indicative of a replacement value for the channel bonding parameter of the modem device, and wherein the replacement value is less than the current value ([0022] CMTS performs load balancing by using Dynamic Bonding Change DBC messages (modem device receives DBC messages which indicate a replacement value for the channel bonding parameter of the modem); [0031] the impaired channel is removed by the CTMS from the list of channels available (less than the current value) to the load balancing process (when load balancing is performed, and a DBC message is sent to the modem, the impaired channel is excluded; i.e. the replacement value provided)); and
detect that the modem device has bonded a number of secondary uplink channels less than or equal to the replacement value of the channel bonding parameter of the modem device ([0031] the impaired channel is removed by the CTMS from the list of channels available to the load balancing process (when load balancing is performed, the impaired channel is excluded), and the modem now uses channels other than the impaired channel; [0032]-[0034] CTMS monitors the channels after the adjustment (detects that the channels are bonded, and that the impaired channel is excluded)).
Regarding claim 22, Thibeault discloses
The network entity of claim 21, wherein, prior to receiving the information indicative of the current value of the channel bonding parameter, the one or more processor devices are configured to ([Fig. 2] CTMS):
receive, from the modem device, a first portion of uplink information via the one or more high-bandwidth uplink channels ([0018] the modem bonds channels together and sends and receives data traffic on multiple bonded channels, to and from the CMTS);
detect occurrence of channel impairment for the one or more high- bandwidth uplink channels utilized by the modem device ([0028]-[0029] the CMTS detects impairment (information indicating occurrence of channel impairment for one or more of the channels)); and
instruct the modem device to bond the secondary uplink channels in response to detecting channel impairment for the one or more high-bandwidth uplink channels ([0028]-[0029] the CMTS detects impairment, and sends control messages to the modem to place the modem into partial service mode (instructs modem to bond channels in response to detecting channel impairment)).
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milley et al (US 20210119856 A1).
Regarding claim 20, Milley discloses
A cable modem device, comprising ([0032] and [Fig. 2] cable modem device is communication device 200):
a memory ([Fig. 2] cable modem device comprises memory); and
one or more processor devices coupled to the memory configured to ([Fig. 2] cable modem device comprises processing element connected to memory):
detect occurrence of a secondary channel bonding condition ([0016] cable modem enters a partial state based on a condition between the cable modem and CMTS (secondary channel bonding condition detected));
determine a number of DOCSIS-compatible secondary channels to bond based at least in part on a pre-configured value of a channel bonding parameter stored to the memory of the modem device, wherein the channel bonding parameter controls a maximum quantity of DOCSIS-compatible secondary channels the modem device can bond, and wherein a secondary DOCSIS-compatible channel comprises a maximum bandwidth capacity less than that of a high-bandwidth DOCSIS-compatible channel ([0044] communication device 200 (the cable modem device) executes communication over DOCSIS (channels are DOCSIS-compatible); [0015] cable modem device stores a list of channels that the modem is bonded to (pre-configured value of a channel bonding parameter stored in the memory of the modem, where the parameter controls the number of channels that can be bonded); [0010], [0022], and [0058] cable modem enters partial service mode and bonds smaller bandwidth channels together to create a larger bandwidth pipe (secondary channels comprise less bandwidth capacity) when one of the other channels (high-bandwidth channel) degrades and becomes impaired, so that communication can still be maintained); and
based on the occurrence of the secondary channel bonding condition, bond the number of DOCSIS-compatible channel secondary channels, wherein the number of DOCSIS-compatible secondary channels is less than or equal to the pre-configured value of the channel bonding parameter ([0058] cable modem enters partial service mode and bonds smaller bandwidth channels together when one of the other channels degrades and becomes impaired, so that communication can still be maintained, and the cable modem device refrains from using the impaired channel (less than the pre-configured value, as it is now less channels that can be bonded)).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 6, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Thibeault et al (US 20160050154 A1), and further in view of Guidarelli et al (US 20220357384 A1).
Regarding claim 3, Thibeault teaches The method of claim 2, as is described above.
Thibeault does not explicitly teach wherein detecting the channel impairment for the one or more high-bandwidth uplink channels comprises detecting, by the modem device, occurrence of Orthogonal Frequency-Division Multiplexing (OFDM) channel impairment.
However, Guidarelli does teach wherein detecting the channel impairment for the one or more high-bandwidth uplink channels comprises detecting, by the modem device, occurrence of Orthogonal Frequency-Division Multiplexing (OFDM) channel impairment ([0140]-[0141] identifying and detecting channel impairment on OFDM channels).
Thibeault and Guidarelli are considered to be analogous to the claimed invention, as they are both in the same field of detecting channel impairments. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Thibeault to include the teachings of Guidarelli where the channels are OFDM channels. The rationale behind this would be to achieve more efficient diagnosis of impairments in cable plant ([0008] Guidarelli).
Regarding claim 6, Thibeault teaches The method of claim 2, as is described above.
Thibeault does not explicitly teach wherein sending the first portion of uplink information via the one or more high-bandwidth uplink channels comprises:
sending, by the modem device, the first portion of the uplink information via one or more OFDM channels.
However, Guidarelli does teach sending, by the modem device, the first portion of the uplink information via one or more OFDM channels ([0077]-[0078] cable modem transmits digital information for receipt by upstream entities such as the CMTS (uplink information sent by modem device); [0047] and [0141] information is carried across multiple channels, such as OFDM channels).
Thibeault and Guidarelli are considered to be analogous to the claimed invention, as they are both in the same field of detecting channel impairments. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Thibeault to include the teachings of Guidarelli where the channels are OFDM channels. The rationale behind this would be to achieve more efficient diagnosis of impairments in cable plant ([0008] Guidarelli).
Regarding claim 23, Thibeault teaches The method of claim 22, as is described above.
Thibeault does not explicitly teach wherein detecting the occurrence of the channel impairment for the one or more high-bandwidth uplink channels comprises detecting occurrence of Orthogonal Frequency-Division Multiplexing (OFDM) channel impairment.
However, Guidarelli does teach wherein detecting the occurrence of the channel impairment for the one or more high-bandwidth uplink channels comprises detecting occurrence of Orthogonal Frequency-Division Multiplexing (OFDM) channel impairment ([0140]-[0141] identifying and detecting channel impairment on OFDM channels).
Thibeault and Guidarelli are considered to be analogous to the claimed invention, as they are both in the same field of detecting channel impairments. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Thibeault to include the teachings of Guidarelli where the channels are OFDM channels. The rationale behind this would be to achieve more efficient diagnosis of impairments in cable plant ([0008] Guidarelli).
Conclusion
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/A.J.C./Examiner, Art Unit 2478
/JOSEPH E AVELLINO/Supervisory Patent Examiner, Art Unit 2478
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