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 Amendment
The amendment filed 4/15/2026 has been accepted and entered. Accordingly, Claims 1, 3, and 10 have been amended.
Claim 19 has been added.
Claims 1-19 are pending in this application.
Due to the amendments filed 4/15/2026, the objection to claim 3 has been cured. Therefore, the objection to claim 3 has been withdrawn.
Response to Arguments
Applicant’s arguments with respect to amended claims 1 and 10 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.
Applicant’s further arguments with respect to new claim 19, which contains subject matter from original claim 2, have been fully considered but they are not persuasive.
Applicant argues that the cited prior art reference Abedini does not teach resolving conflicts prior to transmission of the load data but only as a reactive measure after such conflicts occur. (Remarks Pg. 10)
Examiner respectfully disagrees. The cited portions of Abedini at ¶0057-¶0059 describe a resource conflict that includes overlapping resources being allocated so that the network node cannot transmit using the overlapping resources. This is to say that the network node cannot transmit the data due to resources being allocated that overlap. ¶0059 states “The control node may determine a collision management configuration (e.g., to mitigate conflicts), and may provide information associated with the collision management configuration to the network node, to parent network nodes of the network node, to child network nodes of the network node, to adjacent network nodes of the network node, and/or the like. In this way, the control node may alter a resource configuration, a communication configuration, a conflict resolution rule, and/or the like to reduce a likelihood of dropped communications” of which discloses collision management configurations for mitigating conflicts (resolving conflicts prior to transmission of further data). Therefore, the reference does read on resolving conflicts prior to transmission of data, both as a reactive and pre-emptive measure that works to reduce likelihood of dropped communications.
Also, Examiner would like to point out that the claim language as currently recited does not require that the conflict be resolved prior to transmission of load data, but only requires that the device verify if resources for further load data conflict with resources for the original load data, and that an alert is sent as a result of determining a conflict. The claim language in question is repeated for clarification “verify if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data, and wherein the network controller is configured to output an alert if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data.” Nowhere does the claim language provide any language limiting that this must be done prior to any particular transmission of data, as argued in the Remarks. Therefore, the reference Abedini does read on the currently presented claim language as well as the argued point of conflict resolution prior to data transmission, and as such the rejection is maintained.
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.
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 1, 6-10, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kossi et al. (US 2005/0172016 A1), hereinafter referred to as Kossi, and in view of Gupta et al. (US 2017/0164161 A1), hereinafter referred to as Gupta, and further in view of Gilson et al. (US 2018/0205628 A1), hereinafter referred to as Gilson.
Re. Claim 1, Kossi teaches:
A network manager (¶0017-¶0018 FIG. 1 illustrates one embodiment environment where a network selector for datacasting in hybrid networks (NSDHN) may be employed… a NSDHN is exhibited as a decision making entity (DME) employing a network selection algorithm (NSA) 105 [i.e. NSDHN as a DME is a network manager])
comprising: a data interface (Fig. 5 Network Interface 510 & ¶0136 FIG. 5 illustrates one embodiment incorporated into a network selector for datacasting in hybrid networks (NSDHN) controller 501.)
configured to communicatively couple to at least one radio access network (RAN) of a broadcast network (BCN) that is configured to wirelessly emit a load data signal (LDSI), (Fig. 1 DME connected to at least one RAN & Fig. 5 Communications Network(s) 513 & ¶0145 Network interfaces 510 may accept, communicate, and/or connect to a communications network 513. multiple network interfaces 510 may be used to engage with various communications network types 513. For example, multiple network interfaces may be employed to allow for the communication over broadcast, multicast, and/or unicast networks. & ¶0018 communications forms bearing a network include a radio access network (RAN) 120, a wireless local area network (WLAN) 125, a universal mobile telecommunications system (UMTS) 130, or a digital video broadcasting--terrestrial (DVBT) network 135. Each of these networks may have various terminals 140, 145, 150, 155 accessing some remote datacast server 110 as routed through the datacast router 115 and as selected by the NSDHN. & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity… the receiving terminals will receive data traffic via the selected bearer. [i.e. load data signals transmitted (wirelessly emitted) to terminals])
and to communicatively couple to a load data source network (LDSN); (¶0018 a NSDHN is exhibited as a decision making entity (DME) employing a network selection algorithm (NSA) 105, is disposed in communication with a datacast router 115 and a datacast server 110. The datacast router itself may be disposed in communication with several different types of communications networks that can overlap across a certain area. Various example communications forms bearing a network include a radio access network (RAN) 120, a wireless local area network (WLAN) 125, a universal mobile telecommunications system (UMTS) 130, or a digital video broadcasting--terrestrial (DVBT) network 135. [i.e. source networks for data] Each of these networks may have various terminals 140, 145, 150, 155 accessing some remote datacast server 110 as routed through the datacast router 115 and as selected by the NSDHN.)
and a network controller communicatively coupled to the data interface (Fig. 5 NSDHN connected to Network interface 510 & ¶0143 Interface bus(ses) 507 may accept, connect, and/or communicate to a number of interface adapters, conventionally although not necessarily in the form of adapter cards, such as but not limited to: input output interfaces (I/O) 508, storage interfaces 509, network interfaces 510, and/or the like)
and configured to receive request data with regard to a transmission of load data from the (LDSN), (¶0019 The UE may explicitly send a request to receive a datacast. [i.e. receiving request data in regards to transmission of load data] For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session)
and to provide configuration data for the purpose of configuring the at least one (RAN) to use specific radio access network resources for transmission of the load data; (Fig. 2 RAN selection decision 225 [i.e. configuring the RAN with basic inputs 205 (configuration data)] & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer [i.e. transmission of load data on RAN configured with specific radio access network resources]. & ¶0025 The DME employs the following basic inputs 205 irrespective of what criteria and/or algorithm are used to make the bearer selection decision 225: session related information 230, radio access network (RAN) capability 235, transmission network capability 240, radio access system status 245, and topology and configuration of each RAN 250.)
wherein the network controller is configured to define the specific radio access network resources based on the received request data; (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA [i.e. network selection algorithm] based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer. & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. [i.e. the DME (which contains the network controller) performs network selection (includes defining of specific radio access network resources) based on a request to receive a datacast (received request data) using the configuration data])
Yet, Kossi does not explicitly teach: wherein the specific radio access network resources comprise at least one of a geographical location for transmission of the load data, a frequency range for transmission of the load data, or a transmission time for transmission of the load data;
However, in the analogous art, Gupta teaches such limitations:
wherein the specific radio access network resources comprise at least one of a geographical location for transmission of the load data, (Gupta: ¶0062 the request message also includes a geographic region. The geographic region, e.g., can be used by a user initiated content server 218 to provide media content to a group of mobile devices in an orderly manner [i.e. geographic region provided in the request message as configuration data used for defining the specific radio access network resources used for transmission of the media content (load data)])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gupta’s teaching of the request for transmission of load data comprising a geographical location for transmission of the load data, because it would enable the network manager to provide media content to a group of UE’s in an orderly manner. (see Gupta ¶0062)
Yet, the references do not explicitly teach: and wherein the request data stipulates at least one of the frequency range for transmission of the load data.
However, in the analogous art, Gilson teaches:
and wherein the request data stipulates at least one of the frequency range for transmission of the load data. (¶0036-¶0038 FIG. 5 shows an example method for optimizing the transmission of a content item. A device (such as a content source 405, access point 410, user device 415, or combination thereof) may determine a minimum data rate value for transmitting a content item, and perform further steps as required based on that determination. In some instances, the data rate value may comprise a Modulation and Coding Scheme (e.g., “MCS”) value. The MCS value may correspond to a number of spatial streams, a modulation type, a coding method, and/or a transmission frequency range. This may have the advantage of meeting application requirements for transmission while minimizing the impact of transmission upon the network. At step 505, the device may receive a request to transmit a content item. The request may be a packet from a user device 415 requesting that the system supply a content item from a storage location (e.g., digital storage of a content source 405). For example, the device may receive a data packet requesting that a video file be delivered to a network address corresponding to the user device 415. At step 510, the device may determine the capabilities of one or more routing devices on the network. The device may first determine what media for transmission exist, what capabilities those media may have, or the capabilities of devices that make use of those media. & ¶0041 At step 520, the device may determine a minimum data rate value for transmitting the content item. [i.e. the device receives a request for delivery (transmission) of content item/video file (load data) and determines based on the request for data a minimum data rate value that comprises an MCS value, which corresponds to a transmission frequency range, therefore the references read on the broad claim language regarding request data stipulating a frequency range for data transmission])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi and Gupta’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gilson’s teaching of the request data stipulating a frequency range for transmission of data, because it would allow the device to determine a value that meets the application requirements of the content while minimizing potentially harmful effects to the medium for transmission or network. (see Gilson ¶0041)
Re. Claim 6, Kossi combined with Gupta and Gilson teaches claim 1.
Kossi further teaches:
wherein the network controller is configured to provide configuration data to the at least one RAN that configures the at least one RAN to stop emitting the LDSI if a network traffic quota defined for the source of the load data is exceeded during the transmission of the load data. (¶0060 CAPACITY(c) expresses a limit on the capacity to provide service streams for or each cell (c) & ¶0065 the terminal may resign from a service by informing that it no longer requires the service. In the case where the disconnection is performed by the NSDHN & ¶0067 tries to find an optimal solution, which may be a capacity lower than the `nominal.` Each cell (RAN) can be thought to have a `nominal` capacity, which is determined externally and may change with time. if nominal capacity is decreased by the system as required by established restrictions, then some of the terminals listening to any transmitted services must be dropped within the given cell until capacity restrictions are not being violated. & ¶0075 if the NSDHN turns the service off in a cell, this does not affect other cells [i.e. in order to turn off the service in a cell for terminals (stop emitting the LDSI) the device would have to provide some kind of configuration data to the network] & ¶0089 if capacity is being reduced, then turn-off possible multicast (or broadcast) transmissions [i.e. if capacity (network traffic quota) is decreased to where the capacity of the data network is violated (exceeded) then multicast/broadcast transmissions (load data emission) is stopped]) *Examiner notes that due to presence of alternative limitations, only one has been considered in this current Office Action.
Re. Claim 7, Kossi combined with Gupta and Gilson teaches claim 1.
Kossi further teaches:
at least one of: wherein the network controller is configured to receive the request data prior to reception of the load data in a core network (CRN); (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session. This will result in the selection of a network form to bear the communications and deliver the desired data [i.e. request is received prior to any transmission or reception of load data])
or wherein the network manager comprises a data storage, (Fig. 5 Storage Device 514)
Gupta further teaches:
and wherein the network controller is configured to receive load data (¶0048 media content is transferred by uplink data packets to the user-initiated content server function 218. [i.e. media content (load data) is received by network controller])
and store the received load data in the data storage. (¶0048 at least a portion of the media content is stored or otherwise buffered in the data store 216.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi and Gilson’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gupta’s teaching of the network controller receiving and storing load data in data storage, because it would enable the device to buffer the data before distributing the media content which lowers chances of interruption, outage and/or processing delay. (see Gupta ¶0061)
Re. Claim 8, Kossi combined with Gupta and Gilson teaches claim 1.
Kossi further teaches:
further comprising: a data transformer configured to transform the load data into transformed load data that is compatible with the specific radio access network resources for transmission of the load data. (¶0170 The cryptographic module allows for the encryption and/or decryption of provided data. The cryptographic module facilitates the secure accessing of resources on NSDHN and facilitates the access of secured resources on remote systems & ¶0172 the NSDHN server employs a cryptographic server to encrypt and decrypt communications. [i.e. cryptographic module transforms the load data by encrypting it before transmitting on the secured (specific) resources which shows that said resources for transmission are compatible with the encrypted data])
Re. Claim 9, Kossi combined with Gupta and Gilson teaches claim 1.
Kossi further teaches:
further comprising: a load estimator configured to estimate a necessity for emitting the LDSI at a point in time; (Fig. 2 - Scenario dependent inputs & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. & ¶0037 The DME employs the following scenario dependent inputs 215 with regard to a NSA 225: user and session mapping 270; location of the UE 290 and the terminal capability and network plan of different RANs 295; and various inputs for multicasting 275, 280, 285. The inputs for multicasting include available cells for each group member in multicast case 275, content popularity distribution 280, and population distribution 285. [i.e. scenario dependent inputs define configurations for a specific point in time due to a specific scenario of service needs] & ¶0167-¶0168 The NSDHN may be configured to keep track of various settings, inputs, and parameters via database controllers. An NSDHN database may communicate to and/or with other modules in a module collection, including itself, and/or facilities of the like. Most frequently, the NSDHN database communicates with an NSDHN module, other program modules, and/or the like. The database may contain, retain, and provide information regarding other nodes and data. [i.e. database controller is functionally equivalent to a load estimator in that it is responsible for receiving, storing, and providing the inputs that define an estimation of load data necessity])
wherein the network controller is communicatively coupled to the load estimator (¶0168 An NSDHN database may communicate to and/or with other modules in a module collection, including itself, and/or facilities of the like. Most frequently, the NSDHN database communicates with an NSDHN module, other program modules, and/or the like. [i.e. communication between the NSDHN (network controller) and database controller (load estimator)])
and is configured to receive the estimated necessity (Fig. 2 - Scenario dependent inputs & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. [i.e. receiving the scenario dependent inputs (estimated necessity)] The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. & ¶0167 The NSDHN may be configured to keep track of various settings, inputs, and parameters via database controllers. [i.e. inputs received by load estimator])
and to generate respective configuration data for the load data further based on the estimated necessity, if the estimated necessity is higher than a threshold; (Fig. 2 RAN selection decision 225 [i.e. configuring the RAN with basic inputs 205 and Scenario dependent inputs 215 (configuration data)] & ¶0052 the multicast bias for a given multicast cell and service may be represented as MB(c, s). If at least as many users request the same service in a multicast cell coverage area as defined in a given multicast bias/threshold, then the cost to send one multicast stream to all these users is equal to sending MB(c, s) unicast streams to the receivers. Thus, if the number of users is in the given cell (c) is greater than the number specified for the given multicast bias/threshold, then adding new users to receive the given multicast service (s) does not increase system costs & ¶0061-¶0062 Where (s) is any service. Where SERVCAP(c, s) denotes capacity consumed by service (s) when transmitted via cell (c). Where (n.sub.s) indicates the number of users requesting service (s) in cell (c) coverage area. Where CAPACITY(c) expresses a limit on the capacity to provide service streams for or each cell (c), wherein each service stream occupies some specified portion of that capacity. there must be enough capacity in cells CAPACITY(c) to provide the service streams defined in the SYSTEMSTATE. With regard to the minimization, if the number of users receiving service is equal to or greater than the multicast bias, then a multicast group is formed and capacity allocated for it. Each cell must have enough capacity to provide transmitted services through it. & ¶0133 The selection of an access system may depend on a number of factors such as: number of simultaneous recipients, required QoS, QoS capabilities in the access systems, user preferences, and terminal capabilities. [i.e. selection of access system necessarily involves the configuration data, which is based on the capacity (threshold of estimated necessity) of the requested data service])
wherein the load estimator is configured to estimate the necessity based on at least one of the type of the load data or type of content of the load data to be transmitted at the point in time, a number of expected receiving devices for the type of load data or type of content of the load data, or a region of interest for the type of load data. (¶0041 The content popularity distribution parameter 280 may be employed by the DRM in a NSA in order to predict the number of users requesting the same datacast session in a given cell. & ¶0043 It should be noted that for either the population 285 or the content popularity 280 distribution parameters, a targeted area parameter may be included. Alternatively, a targeted area parameter may be employed on its own. This parameter indicates the geographical area where the content is to be distributed. This parameter may be given by the content provider or a multicast service provider & ¶0048 The NSDHN may store a number of NSAs that are associated with certain types of content,)
Claims 10 and 15 are directed to method claims that recite similar limitations to device claims 1 and 8, respectively. Therefore, the reasoning for rejection of claims 10 and 15 is similar to that of claims 1 and 8, as the device teaches the method.
Re. Claim 16, Kossi combined with Gupta and Gilson teaches claim 10.
Kossi further teaches:
wherein the request data is received prior to reception of the load data in a core network (CRN). (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session. This will result in the selection of a network form to bear the communications and deliver the desired data [i.e. request is received prior to any transmission or reception of load data])
Re. Claim 17, Kossi combined with Gupta and Gilson teaches claim 10.
Gupta further teaches:
wherein the load data is stored in a data storage. (¶0048 at least a portion of the media content is stored or otherwise buffered in the data store 216.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi and Gilson’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gupta’s teaching of the network controller receiving and storing load data in data storage, because it would enable the device to buffer the data before distributing the media content which lowers chances of interruption, outage and/or processing delay. (see Gupta ¶0061)
Claim 18 is directed to a method claim that recites similar limitations to device claim 9. Therefore, the reasoning for rejection of claim 18 is similar to that of claim 9, as the device teaches the method.
Claims 2-3, 5, 11-12, 14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kossi combined with Gupta, Gilson, and further in view of Abedini et al. (US 2021/0051711 A1), hereinafter referred to as Abedini.
Re. Claim 2, Kossi combined with Gupta and Gilson teaches claim 1.
Kossi further teaches:
wherein the network controller is configured to receive further request data for the transmission of further load data; (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. & ¶0072 if a multicast stream of service (s) is transmitted in cell coverage area (c), then each user requesting service (s) in that area must receive service [i.e. multiple requests (further request data) for transmission of service (further load data)] & ¶0126 user terminals exist and are requesting datacasts A, B, C, and D [i.e. multiple (further) requests for datacasts A, B, C, and D (further load data)])
and wherein the network controller is configured to define radio access network resources for transmission of the further load data based on the received further request data (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer. & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. This mechanism may take the form of a network selection algorithm (NSA) that may be employed by the DME to instruct the datacast router 115. [i.e. the DME performs network selection (includes defining of specific radio access network resources) based on any request to receive a datacast (received further request data) using the configuration data present at that time])
Yet, the combined references do not explicitly teach: and verify if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data, and wherein the network controller is configured to output an alert if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data.
However, in the analogous art, Abedini teaches such limitations:
and verify if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data, (¶0057-¶0059 A resource conflict may include overlapping resources being allocated, such that a network node cannot transmit and/or receive using all of the overlapping resources [i.e. resources being scheduled at the same time as an earlier scheduled transmission using the same resources], a network node may provide a resource management indication, which identifies a resource utilization (e.g., a detected conflict) to a control node. [i.e. network node (network controller) verifies and determines a conflict due to overlapping resources] The control node may determine a collision management configuration (e.g., to mitigate conflicts), and may provide information associated with the collision management configuration to the network node, to parent network nodes of the network node, to child network nodes of the network node, to adjacent network nodes of the network node, and/or the like. In this way, the control node may alter a resource configuration, a communication configuration, a conflict resolution rule, and/or the like to reduce a likelihood of dropped communications)
and wherein the network controller is configured to output an alert if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data. (¶0059 a network node may provide a resource management indication, which identifies a resource utilization (e.g., a detected conflict) to a control node. [i.e. network node (network controller) provides (outputs) an indication of detected conflict of resource utilization])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi, Gupta, and Gilson’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Abedini’s teaching of outputting an alert signal if a conflict is determined due to overlapping radio resources being allocated, because it would enable the system to react to the scenario and reduce the likelihood of dropped communication. (see Abedini ¶0057)
Re. Claim 3, Kossi combined with Gupta, Gilson, and Abedini teaches claim 2.
Kossi further teaches:
wherein the network controller is configured to provide new configuration data that is based on the further request data to the at least one RAN, (Fig. 2 RAN selection decision 225 [i.e. configuring the RAN with basic inputs 205 (configuration data), multiple UE’s requests infer further request data being requested and therefore would require new configuration parameters at the time each device requests the data] & ¶0072 if a multicast stream of service (s) is transmitted in cell coverage area (c), then each user requesting service (s) in that area must receive service [i.e. multiple requests (further request data) for transmission of service (further load data)] & ¶0126 user terminals exist and are requesting datacasts A, B, C, and D & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer [i.e. transmission of load data on RAN configured with specific radio access network resources based on multiple devices requesting further data]. & ¶0025 The DME employs the following basic inputs 205 irrespective of what criteria and/or algorithm are used to make the bearer selection decision 225: session related information 230, radio access network (RAN) capability 235, transmission network capability 240, radio access system status 245, and topology and configuration of each RAN 250.)
wherein the new configuration data reconfigures the at least one RAN to use at least part of the specific radio access network resources for transmission of the further load data. (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer. & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. This mechanism may take the form of a network selection algorithm (NSA) that may be employed by the DME to instruct the datacast router 115. [i.e. the DME performs network selection (includes defining of specific radio access network resources) based on any request to receive a datacast (received further request data) using the configuration data])
Re. Claim 5. Kossi combined with Gupta, Gilson, and Abedini teaches claim 2.
Kossi further teaches:
further comprising: a control interface that comprises an interface accessible via a data network, wherein the interface is at least one of a web-based user-accessible interface, an API-based machine-accessible interface, . (¶0159 Any data requests through a Web browser are parsed through the bridge mechanism & ¶0167 the NSDHN database may be implemented using various standard data-structures, such as an array, hash, (linked) list, struct, structured text file (e.g., XML), table, and/or the like. & ¶0177 communicating, obtaining, and/or providing data with and/or to other module components may be accomplished through inter-application data processing communication techniques such as, but not limited to: Application Program Interfaces (API) information passage;)*Note that examiner has mapped to only one limitation due the presence of alternative limitations.
Claims 11-12 and 14 are directed to method claims that recite similar limitations to device claims 2-3 and 5. Therefore, the reasoning for rejection of claims 11-12 and 14 are similar to that of claims 2-3 and 5, as the device teaches the method.
Re. Claim 19, Kossi teaches:
A network manager (¶0017-¶0018 FIG. 1 illustrates one embodiment environment where a network selector for datacasting in hybrid networks (NSDHN) may be employed. a NSDHN is exhibited as a decision making entity (DME) employing a network selection algorithm (NSA) 105 [i.e. NSDHN as a DME is a network manager])
comprising: a data interface (Fig. 5 Network Interface 510 & ¶0136 FIG. 5 illustrates one embodiment incorporated into a network selector for datacasting in hybrid networks (NSDHN) controller 501.)
configured to communicatively couple to at least one radio access network (RAN) of a broadcast network (BCN) that is configured to wirelessly emit a load data signal (LDSI), (Fig. 1 DME connected to at least one RAN & Fig. 5 Communications Network(s) 513 & ¶0145 Network interfaces 510 may accept, communicate, and/or connect to a communications network 513. multiple network interfaces 510 may be used to engage with various communications network types 513. For example, multiple network interfaces may be employed to allow for the communication over broadcast, multicast, and/or unicast networks. & ¶0018 communications forms bearing a network include a radio access network (RAN) 120, a wireless local area network (WLAN) 125, a universal mobile telecommunications system (UMTS) 130, or a digital video broadcasting--terrestrial (DVBT) network 135. Each of these networks may have various terminals 140, 145, 150, 155 accessing some remote datacast server 110 as routed through the datacast router 115 and as selected by the NSDHN. & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity… the receiving terminals will receive data traffic via the selected bearer. [i.e. load data signals transmitted (wirelessly emitted) to terminals])
and to communicatively couple to a load data source network (LDSN); (¶0018 a NSDHN is exhibited as a decision making entity (DME) employing a network selection algorithm (NSA) 105, is disposed in communication with a datacast router 115 and a datacast server 110. The datacast router itself may be disposed in communication with several different types of communications networks that can overlap across a certain area. Various example communications forms bearing a network include a radio access network (RAN) 120, a wireless local area network (WLAN) 125, a universal mobile telecommunications system (UMTS) 130, or a digital video broadcasting--terrestrial (DVBT) network 135. [i.e. source networks for data] Each of these networks may have various terminals 140, 145, 150, 155 accessing some remote datacast server 110 as routed through the datacast router 115 and as selected by the NSDHN.)
and a network controller communicatively coupled to the data interface (Fig. 5 NSDHN connected to Network interface 510 & ¶0143 Interface bus(ses) 507 may accept, connect, and/or communicate to a number of interface adapters, conventionally although not necessarily in the form of adapter cards, such as but not limited to: input output interfaces (I/O) 508, storage interfaces 509, network interfaces 510, and/or the like)
and configured to receive request data with regard to a transmission of load data from the LDSN prior to the transmission of the load data, (¶0019 The UE may explicitly send a request to receive a datacast. [i.e. receiving request data in regards to transmission of load data] For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session)
and to provide configuration data for the purpose of configuring the at least one RAN to use specific radio access network resources for transmission of the load data; (Fig. 2 RAN selection decision 225 [i.e. configuring the RAN with basic inputs 205 (configuration data)] & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer [i.e. transmission of load data on RAN configured with specific radio access network resources]. & ¶0025 The DME employs the following basic inputs 205 irrespective of what criteria and/or algorithm are used to make the bearer selection decision 225: session related information 230, radio access network (RAN) capability 235, transmission network capability 240, radio access system status 245, and topology and configuration of each RAN 250.)
wherein the network controller is configured to define the specific radio access network resources based on the received request data; (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA [i.e. network selection algorithm] based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer. & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. [i.e. the DME (which contains the network controller) performs network selection (includes defining of specific radio access network resources) based on a request to receive a datacast (received request data) using the configuration data])
wherein the network controller is configured to receive further request data for the transmission of further load data; (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. & ¶0072 if a multicast stream of service (s) is transmitted in cell coverage area (c), then each user requesting service (s) in that area must receive service [i.e. multiple requests (further request data) for transmission of service (further load data)] & ¶0126 user terminals exist and are requesting datacasts A, B, C, and D [i.e. multiple (further) requests for datacasts A, B, C, and D (further load data)])
and wherein the network controller is configured to define radio access network resources for transmission of the further load data based on the received further request data (¶0019 The UE may explicitly send a request to receive a datacast. For example, some users may all request to see the same multicast program and as such they will organically form a multicast group. The DME will employ a NSA based on various factors, such as: user location, network load, and required quality of service (QoS) for the requested session & ¶0021 Once the NSDHN arrives at a bearer selection, the selection decision from the DME 105 is signaled to a network entity, for example a datacast router 115, that is along the data path from the datacasting server 110 to the receiving terminals. As such, the receiving terminals will receive data traffic via the selected bearer. & ¶0023 The inputs employed by the DME 220 may be grouped into the three categories: basic inputs 205, algorithm dependent inputs 210, and scenario dependent inputs 215. The DME may employ a database to store and retrieve all of the various inputs. The DME employs these inputs as a basis to establish a mechanism for selecting a communication transmission bearer type 225. This mechanism may take the form of a network selection algorithm (NSA) that may be employed by the DME to instruct the datacast router 115. [i.e. the DME performs network selection (includes defining of specific radio access network resources) based on any request to receive a datacast (received further request data) using the configuration data present at that time])
Yet, Kossi does not explicitly teach: wherein the specific radio access network resources comprise at least one of a geographical location for transmission of the load data, a frequency range for transmission of the load data, or a transmission time for transmission of the load data;
However, in the analogous art, Gupta teaches:
wherein the specific radio access network resources comprise at least one of a geographical location for transmission of the load data, (Gupta: ¶0062 the request message also includes a geographic region. The geographic region, e.g., can be used by a user initiated content server 218 to provide media content to a group of mobile devices in an orderly manner [i.e. geographic region provided in the request message as configuration data used for defining the specific radio access network resources used for transmission of the media content (load data)])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gupta’s teaching of the request for transmission of load data comprising a geographical location for transmission of the load data, because it would enable the network manager to provide media content to a group of UE’s in an orderly manner. (see Gupta ¶0062)
Yet, the combined references do not explicitly teach: and wherein the request data indicates a specific time for transmission of the load data and comprises at least one of a priority of the load data, a quality for transmission of the load data, a bit rate for transmission of the load data, a transmission time for transmission of the load data, a geographical location for transmission of the load data, a frequency range for transmission of the load data, encryption information for the load data, types of intended receiving devices for the LDSI, or wireless radio access network resources for transmission of the load data.
However, in the analogous art, Gilson teaches:
and wherein the request data indicates a specific time for transmission of the load data (¶0036-¶0037 FIG. 5 shows an example method for optimizing the transmission of a content item. A device (such as a content source 405, access point 410, user device 415, or combination thereof) may determine a minimum data rate value for transmitting a content item, and perform further steps as required based on that determination. In some instances, the data rate value may comprise a Modulation and Coding Scheme (e.g., “MCS”) value. The MCS value may correspond to a number of spatial streams, a modulation type, a coding method, and/or a transmission frequency range. This may have the advantage of meeting application requirements for transmission while minimizing the impact of transmission upon the network. At step 505, the device may receive a request to transmit a content item. The request may be a packet from a user device 415 requesting that the system supply a content item from a storage location (e.g., digital storage of a content source 405). For example, the device may receive a data packet requesting that a video file be delivered to a network address corresponding to the user device 415 & ¶0069 the device may determine the expected time for transmission at the default (currently selected) data rate. [i.e. the device receives a request for delivery (transmission) of content item/video file (load data) and determines from the request for data a minimum data rate value, which then is used to determine and therefore indicate a time for transmission])
and comprises (¶0036-¶0038 FIG. 5 shows an example method for optimizing the transmission of a content item. A device (such as a content source 405, access point 410, user device 415, or combination thereof) may determine a minimum data rate value for transmitting a content item, and perform further steps as required based on that determination. In some instances, the data rate value may comprise a Modulation and Coding Scheme (e.g., “MCS”) value. The MCS value may correspond to a number of spatial streams, a modulation type, a coding method, and/or a transmission frequency range. This may have the advantage of meeting application requirements for transmission while minimizing the impact of transmission upon the network. At step 505, the device may receive a request to transmit a content item. The request may be a packet from a user device 415 requesting that the system supply a content item from a storage location (e.g., digital storage of a content source 405). For example, the device may receive a data packet requesting that a video file be delivered to a network address corresponding to the user device 415. At step 510, the device may determine the capabilities of one or more routing devices on the network. The device may first determine what media for transmission exist, what capabilities those media may have, or the capabilities of devices that make use of those media. & ¶0041 At step 520, the device may determine a minimum data rate value for transmitting the content item. [i.e. the device receives a request for delivery (transmission) of content item/video file (load data) and determines from the request for data a minimum data rate value that comprises an MCS value, which corresponds to a transmission frequency range, therefore the reference reads on the broad claim language regarding request data stipulating a frequency range for data transmission])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi and Gupta’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Gilson’s teaching of the request data stipulating a frequency range for transmission of data, because it would allow the device to determine a value that meets the application requirements of the content while minimizing potentially harmful effects to the medium for transmission or network. (see Gilson ¶0041)
Yet, the combined references do not explicitly teach: and verify if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data, and wherein the network controller is configured to output an alert if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data.
However, in the analogous art, Abedini teaches:
and verify if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data, (¶0057-¶0059 A resource conflict may include overlapping resources being allocated, such that a network node cannot transmit and/or receive using all of the overlapping resources [i.e. resources being scheduled at the same time as an earlier scheduled transmission using the same resources], a network node may provide a resource management indication, which identifies a resource utilization (e.g., a detected conflict) to a control node. [i.e. network node (network controller) verifies and determines a conflict due to overlapping resources] The control node may determine a collision management configuration (e.g., to mitigate conflicts), and may provide information associated with the collision management configuration to the network node, to parent network nodes of the network node, to child network nodes of the network node, to adjacent network nodes of the network node, and/or the like. In this way, the control node may alter a resource configuration, a communication configuration, a conflict resolution rule, and/or the like to reduce a likelihood of dropped communications)
and wherein the network controller is configured to output an alert if the radio access network resources defined for the further load data conflict with the radio access network resources defined for the original load data. (¶0059 a network node may provide a resource management indication, which identifies a resource utilization (e.g., a detected conflict) to a control node. [i.e. network node (network controller) provides (outputs) an indication of detected conflict of resource utilization])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi, Gupta, and Gilson’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Abedini’s teaching of outputting an alert signal if a conflict is determined due to overlapping radio resources being allocated, because it would enable the system to react to the scenario and reduce the likelihood of dropped communication. (see Abedini ¶0057)
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kossi combined with Gupta, Gilson, Abedini, and further in view of Chen et al. (US 2024/0121768 A1), hereinafter referred to as Chen.
Re. Claim 4, Kossi combined with Gupta, Gilson, and Abedini teaches claim 3.
Yet, the combined references do not explicitly teach: wherein the network controller is configured to at least one of: provide the new configuration data to the at least one RAN if the further request data indicates that the further load data has a higher priority than the original load data;
However, in the analogous art, Chen teaches such a limitation:
wherein the network controller is configured to at least one of: provide the new configuration data to the at least one RAN if the further request data indicates that the further load data has a higher priority than the original load data; (¶0042 the resource portion 412 corresponds to the collision area and the transmission resource as indicated by the resource portion 412 may have been assigned to another data transmission with higher priority. & ¶0045 the update message includes a cancellation indication. In some implementations, the update message includes an identifier or a triggering state. In this case, the transmission resource or a data transmission associated with the identifier or triggering state is canceled. & ¶0055 the DL or UL transmission may be re-scheduled with an updated transmission resource, or one or more transmission parameters of the transmission resource are updated, [i.e. updating (reconfiguring) the network resources after a conflict of overlapping resources with a higher priority data transmission has been determined]) *Note that examiner has mapped to only one limitation due the presence of alternative limitations.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kossi, Gupta, Gilson, and Abedini’s invention of an Apparatus, method and system for decision making to support network selection for datacasting in hybrid networks to include Chen’s teaching of providing new configuration data for the RAN when higher priority data service has been requested, because it would reduce potential collisions of packet transmissions trying to use the same resources. (see Chen ¶0055)
Claim 13 is directed to a method claim that recites similar limitations to device claim 4. Therefore, the reasoning for rejection of claim 13 is similar to that of claim 4, as the device teaches the method.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/G.A.M./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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