DETAILED ACTION
1. This action is responsive to the communications filed on 03/13/2026.
2. Claims 1-20 are pending in this application.
3. Claims 1, 19, 20, have been amended.
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
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Diab et al. (US 2013/0198538) in view of Kopikare et al. (US 8,462,684).
Regarding claim 1, Diab disclosed:
A network device (Figure 1, Host Device 102), comprising:
a processor (Figure 1, CPU 104);
at least one network interface controller (Figure 1, NIC 114) configured to provide access to a network (Figure 1, Ethernet 128); and
a memory (Figure 1, Host Memory 106) communicatively coupled to the processor, wherein the memory comprises a communication logic that is configured to:
receive one or more packets (Paragraph 22, monitoring requests to transmit packets from host device 102 to the network through NIC 114 via Ethernet interface 128);
store, temporarily, the received one or more packets (Paragraph 22, the device driver (which is stored in host memory and executed by CPU, see paragraph 20) determines whether the packets associated with the request should be transferred to the NIC 114 for transmission to the network or if the packets should be buffered in host memory 106 to delay transmission to a later time (i.e., temporarily stored);
identify whether a condition based on an accumulation of the stored one or more packets is met (Paragraph 22, the determination is made based on multiple criteria such as the operational condition of the NIC 114, the priority of the packet transmission, and user configurable options in an attempt to maximize power savings. Paragraph 33, the packet buffering is monitored to determine if any criteria has been met to transfer the packets. The criteria can be number of requests to transmit packets compared to a predefined threshold. If the number meets/exceeds the threshold, the NIC is transitioned from low power to full power in preparation for transmission of the buffered packets. Paragraph 34, other criteria is also evaluated in the transfer determination such as the number of buffered packets is compared to a predefined threshold. If the number of packets that have been buffered, meets/exceeds the threshold, the NIC is transitioned to full power for the transfer of the packets); and
refrain from forwarding the stored one or more packets in response to the condition not being met (Paragraph 24, if the device driver estimates that the NIC is in a low power mode, the packets may be buffered to extend operation of the NIC 114 in low power mode. Paragraph 36, if no packets have been buffered (i.e., threshold not met) then there is no need to initiate to full power operation to transfer any packets).
While Diab disclosed a transmit buffer (Figure 1, memory 120 of NIC 114) and that the NIC can run in a low power mode (Paragraph 24), Diab did not explicitly disclose wherein a transmit (TX) portion of the network device has a default off state in which the TX portion consumes no energy and is transitioned to an on state to forward the stored one or more packets only in response to the condition being met.
However, in an analogous art, Kopikare disclosed wherein a transmit (TX) portion of the network device has a default off state in which the TX portion consumes no energy and is transitioned to an on state to forward the stored one or more packets only in response to the condition being met (Column 4, Line 61 – Column 5, Line 14, deactivating a transmitter for an interval of time while data is aggregated in a buffer. At the end of the deactivation interval, the transmitter is activated for transmitting aggregated data packets. The deactivation is based on capacity of the buffer. Column 6, Lines 6-20, deactivation refers to either completely or partially disabling the data transmitter so that it draws less power from the power source. Column 6, Lines 45-58, transitioning from an active state to deactivated state to back to an active state. Deactivation interval determines the actual time that the data transmitter is not drawing power from the power source. Therefore, partially disabling would draw less power but completely disabling would draw no power. Column 8, Lines 40-62, when the level of data in the buffer is greater than or equal to a first threshold, the processor communicates a message to the data transmitter to stop transmitting data packets, if it is below the threshold, a signal is sent to the data transmitter to resume data packet transmissions).
One of ordinary skill in the art would have been motivated to combine the teachings of Diab with Kopikare because the references involve managing power consumption, and as such, are within the same environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the Tx portion being off of Kopikare with the teachings of Diab in order to increase battery life of the device without affecting performance of the device (Kopikare, Column 5, Lines 12-14).
Regarding claim 20, the claim is substantially similar to claim 1 and is therefore rejected under the same rationale.
Regarding claim 2, the limitations of claim 1 have been addressed. Diab and Kopikare disclosed:
wherein the one or more packets are received from one or more other network devices (Diab, Paragraph 15, packets can be received through the network interface (Ethernet 128) and therefore from another device).
Regarding claim 3, the limitations of claim 1 have been addressed. Diab and Kopikare disclosed:
wherein the communication logic is further configured to forward at least some of the stored one or more packets to at least a first network device in response to the condition being met, wherein the TX portion of the network device is on when the at least some of the stored one or more packets are being forwarded (Diab, Paragraph 26, if the device driver determines that the packets should be transferred to the NIC for transmission based in part on the power state of the NIC (PCIe core 112b and PHY core 126). If both cores are in full power when a request to transmit is detected, the packets are then transferred to NIC. The packets may be temporarily buffered in NIC memory 120 before transmission to the PHY core and to the network (and therefore, on to another device)).
Regarding claim 4, the limitations of claim 3 have been addressed. Diab and Kopikare disclosed:
wherein the communication logic is further configured to turn off the TX portion of the network device in response to the forwarding of the at least some of the stored one or more packets being completed (Kopikare, Column 6, Lines 45-58, transitioning from an active state to deactivated state to back to an active state).
For motivation, please refer to claim 1.
Regarding claim 5, the limitations of claim 1 have been addressed. Diab and Kopikare disclosed:
wherein the TX portion of the network device includes one or more of a TX processor (Kopikare, Figure 1 processor 104 connected to transmitter 102), a TX serializer/deserializer (SerDes), or a TX buffer (Kopikare, Figure 1, showing a transmitter 102 connected to the buffer 108).
For motivation, please refer to claim 1.
Regarding claim 6, the limitations of claim 1 has been addressed. Diab and Kopikare disclosed:
wherein the condition is met when the stored one or more packets include at least a number of packets associated with a threshold number (Diab, Paragraph 33, a number of requests to transmit packets are compared to a predefined threshold and if the number meets or exceeds the threshold, the device driver initiates transition from low power to full power and transmit the buffered packets. As such, if the threshold is not met, the NIC stays in low power).
Regarding claim 7, the limitations of claim 6 have been addressed. Diab and Kopikare disclosed:
wherein the one or more packets are each associated with a priority level (Diab, Paragraph 37, if a priority level associated with the detected request meets a predefined priority criterion).
Regarding claim 8, the limitations of claim 7 have been addressed. Diab and Kopikare disclosed:
wherein the priority level is selected from a group consisting of a predetermined number of possible priority levels (Diab, Paragraph 28, determining a priority level (i.e., more than 1). Paragraph 29, basing priority levels on IP address, TCP or UDP port numbers, and/or packet protocols).
Regarding claim 9, the limitations of claim 7 have been addressed. Diab and Kopikare disclosed:
wherein the priority level corresponds to a quality of service (QoS) specification (Diab, Paragraph 30, priority of the request is determined and if it satisfies a predetermined priority criteria (packet protocol matches a predefined protocol), the packet is transferred to the NIC to minimize delay (i.e., QoS)).
Regarding claim 10, the limitations of claim 7 have been addressed. Diab and Kopikare disclosed:
wherein the threshold number is based at least in part on the priority level (Diab, Paragraph 32, the transition can be initiated based on a predefined number of packets having been buffered and a predefined priority criteria).
Regarding claim 11, the limitations of claim 10 have been addressed. Diab and Kopikare disclosed:
wherein the threshold number and the priority level are inversely correlated (Diab, Paragraph 32, the criteria is evaluated either individually or in combination and allows for the user to configure the criteria for transfer. Paragraph 33, the buffered packets are determined to be transferred if the number of detected requests meet/exceeds the threshold value. Situations in where a number of high priority packets are sent would be transferred regardless of the total number of packets).
Regarding claim 12, the limitations of claim 7 have been addressed. Diab and Kopikare disclosed:
wherein the threshold number is based at least in part on at least one of a time of day (Diab, Paragraph 32, a predefined time period), a day of week, a month of year, a date range, or a season.
Regarding claim 13, the limitations of claim 1 have been addressed. Diab and Kopikare disclosed:
wherein the condition is met when a timer expires, and wherein the timer is reset when forwarding of at least some of the stored one or more packets is completed (Diab, Paragraph 35, comparing the operation of NIC to a predefined period of time. The time period beings after the NIC has entered low power mode and once the time period expires, the NIC returns to full power mode).
Regarding claim 14, the limitations of claim 13 have been addressed. Diab and Kopikare disclosed:
wherein the one or more packets are each associated with a priority level (Diab, Paragraph 28, determining a priority level of packets. Paragraph 29, basing priority levels on IP address, TCP or UDP port numbers, and/or packet protocols).
Regarding claim 15, the limitations of claim 14 have been addressed. Diab and Kopikare disclosed:
wherein a duration of the timer is based at least in part on the priority level (Diab, Paragraph 32, transition is initiated based on a predefined time period and the priority level associated with a request to transmit packets satisfies a predefined priority criteria).
Regarding claim 16, the limitations of claim 15 have been addressed. Diab and Kopikare disclosed:
wherein the duration of the timer and the priority level are inversely correlated (Diab, Paragraph 32, the criteria is evaluated either individually or in combination and allows for the user to configure the criteria for transfer. The transition is initiated based on a predefined time period and the priority level associated with a request to transmit packets satisfies a predefined priority criteria. Situations in where a number of high priority packets are sent would be transferred regardless of the timer).
Regarding claim 17, the limitations of claim 14 have been addressed. Diab and Kopikare disclosed:
wherein a duration of the timer is based at least in part on at least one of a time of day (Diab, Paragraph 32, a predefined time period), a day of week, a month of year, a date range, or a season.
Regarding claim 18, the limitations of claim 1 have been addressed. Diab and Kopikare disclosed:
wherein the network device comprises a switch or a router (Diab, Paragraph 6, the network device may be a switch).
Regarding claim 19, Diab disclosed:
A network device (Figure 1, Host Device 102), comprising:
a processor (Figure 1, CPU 104);
at least one network interface controller (Figure 1, NIC 114) configured to provide access to a network (Figure 1, Ethernet 128); and
a memory (Figure 1, Host Memory 106) communicatively coupled to the processor, wherein the memory comprises a communication logic that is configured to:
place the network device in a first state (Paragraph 27, low power) (Paragraph 27, the device driver tracks the idle time and initiates a transition back to a low power state);
receive and store, temporarily, one or more packets from at least a first network device while the network device is in the first state, the first network device being in a second state (Paragraph 15, packets can be received through the network interface (Ethernet 128) and therefore from another device. If the other device is actively transmitting packets, it is in a full power state. Paragraph 22, buffering the received packets in the host memory to delay transmission to a later time if the NIC is in a low power state);
place, in response to a condition based on an accumulation of the stored one or more packets being met, the network device in the second state, wherein the TX portion of the network device is on when the network device is in the second state (Paragraph 22, the determination is made based on multiple criteria such as the operational condition of the NIC 114, the priority of the packet transmission, and user configurable options in an attempt to maximize power savings. Paragraph 33, the packet buffering is monitored to determine if any criteria has been met to transfer the packets. The criteria can be number of requests to transmit packets compared to a predefined threshold. If the number meets/exceeds the threshold, the NIC is transitioned from low power to full power in preparation for transmission of the buffered packets. Paragraph 34, other criteria is also evaluated in the transfer determination such as the number of buffered packets is compared to a predefined threshold. If the number of packets that have been buffered, meets/exceeds the threshold, the NIC is transitioned to full power for the transfer of the packets); and
forward at least some of the stored one or more packets while the network device is in the second state, wherein the network device switches between the first state and the second state (Paragraphs 27-28, packets being transferred to the NIC after the NIC is returned to full power mode. Idle time is tracked to determine if the NIC needs to be transitioned to low power mode).
While Diab disclosed a transmit buffer (Figure 1, memory 120 of NIC 114) and that the NIC can run in a low power mode (Paragraph 24), Diab did not explicitly disclose place the network device in a first default state, wherein a transmit (TX) portion of the network device is off and consumes no energy when the network device is in the first state.
However, in an analogous art, Kopikare disclosed place the network device in a first default state, wherein a transmit (TX) portion of the network device is off and consumes no energy when the network device is in the first state (Column 4, Line 61 – Column 5, Line 14, deactivating a transmitter for an interval of time while data is aggregated in a buffer. At the end of the deactivation interval, the transmitter is activated for transmitting aggregated data packets. The deactivation is based on capacity of the buffer. Column 6, Lines 6-20, deactivation refers to either completely or partially disabling the data transmitter so that it draws less power from the power source. Column 6, Lines 45-58, transitioning from an active state to deactivated state to back to an active state. Deactivation interval determines the actual time that the data transmitter is not drawing power from the power source);
place, in response to a condition for forwarding the stored one or more packets being met, the network device in the second state, wherein the TX portion of the network device is on when the network device in the second state (Column 8, Lines 40-62, when the level of data in the buffer is below the threshold, a signal is sent to the data transmitter to resume data packet transmissions);
wherein the network device switches between the first default state and the second state (Column 6, Lines 45-58, transitioning from an active state to deactivated state to back to an active state.).
One of ordinary skill in the art would have been motivated to combine the teachings of Diab with Kopikare because the references involve managing power consumption, and as such, are within the same environment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the Tx portion being off of Kopikare with the teachings of Diab in order to increase battery life of the device without affecting performance of the device (Kopikare, Column 5, Lines 12-14).
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 Steven C. Nguyen whose telephone number is (571)270-5663. The examiner can normally be reached M-F 7AM - 3PM and alternatively, through e-mail at Steven.Nguyen2@USPTO.gov.
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/S.C.N/Examiner, Art Unit 2451 /Chris Parry/Supervisory Patent Examiner, Art Unit 2451
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