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 .
Information Disclosure Statement
2. The Information Disclosure Statement filed on 01/17/2024 has been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
For claim 1,
a. an optical network control device…on lines 4-6,13-15;
b. a data amount conversion unit configured to… on lines 9-11.
For claim 2,
a. the data amount conversion unit reduces…on lines 7,8.
For claim 7,
a. the optical network control device…on lines 3,4.
For claim 8,
a. a data amount conversion unit that conversion…on lines 2-6.
For claim 10,
a. a data amount conversion unit that conversion…on lines 3,4.
For claim 11,
a. the data amount conversion unit that converts…on lines 3,4.
For claim 12,
a. a data output unit that outputs… on lines 2,3;
b. a data transmission unit that transmits… on lines 4,5.
For claim 17,
a. a data reception unit that receives…on lines 2-4;
b. a determination unit that determines… on lines 5,6;
c. a data processing unit that processes…on lines 7-9.
For claim 18,
a. a data conversion unit configured to reduce…on lines 4-6.
For claim 19,
a. a path construction unit construction unit that… on line 2;
b. a data amount conversion unit configured to…on lines 7,8;
c. a data reduction amount control unit that controls…on lines 11,12.
For claim 20,
a. the data reduction amount control unit controls…on lines 3,4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
a. the switch/router 300X reduces the data amount by thinning, see paragraph 94.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1,7,12,17 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 1,7,12,17 and 19 applicant discloses “an optical network control device”, “a data transmission unit”, “a data reception unit”, “a determination unit”, “a data processing unit”, “a path construction unit”, “a data reduction amount control unit” but provided no disclosure of the structure performing the claim functionality and thus making the claims vague and indefinite.
Examiner’s Note: Dependent claims 2-6, 13-16,18 and 20 are also rejected under 35 USC 112b for dependent upon the rejected independent claims 1, 12,17 and 19.
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 1,2,3,4 and 7 are rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1)
Regarding claim 1, Kobayashi discloses an optical network system ;(optical network system, see figure 8) comprising: a transmission device;(transmission device 70, see figure 8) a reception device;(plurality of reception devices 21-25, see figure 8) a plurality of relay devices present between the transmission device and the reception device;(plurality of relay devices 61, 62 between the transmission device 70 and plurality of reception devices 21-25, see figure 8) and an optical network control device that constructs a path from the transmission device to the reception device,( the server device 40 can centrally manage the policy of the relationship between the reception device number and the data size or the bit rate and the specification unit 11 specifies that three reception devices belong to the subgroup formed by the relay device 61 and two reception devices belong to the subgroup formed by the relay device 62, see paragraph 64) includes a data amount conversion unit configured to reduce a data amount of transmission data as an optical signal as it is,(the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6) and the optical network control device controls a data reduction amount in the data amount conversion unit on a basis of a communication speed of the constructed path; ( the determination unit 12 may store information in which the reception device number, the communication data type, and the data size are associated in the memory, see paragraph 39 and the determination unit 42 may, for example, decrease the data size or lower the bit rate such that the amount of data to be increased is less than the amount of data to be increased in proportion to the increase number of reception devices (more speed), see paragraph 58).
However, Kobayashi does not explicitly disclose wherein at least any one of a predetermined number of the relay devices included in the constructed path.
In a related field of endeavor, Nagase discloses wherein at least any one of a predetermined number of the relay devices included in the constructed path; (the control unit 201 of the relay device 17 identifies the communication terminal 13 serving as a transmission destination and video data to be transmitted to the communication terminal 13 based on the transmission destination terminal ID and the data name for which the transmission status is changed to "FALSE" in the transmission management table 205, and stops transmission of the video data to the communication terminal 13 that has sent the notice, see page 27, lines 2-10).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the control unit of Nagase with Kobayashi to control the transmission status of the relay device and the motivation is to stop the and/or resume the data (video) transmission based on the network load.
Regarding claim 2, Kobayashi discloses the optical network system according to claim 1, wherein the transmission data transmitted from the transmission device is data the data amount of which is able to be reduced by thinning, and in a case where the data amount of the transmission data is reduced, the data amount conversion unit reduces the data amount by thinning ;(the determination unit 12 determines the data size or the bit rate of the communication data according to the reception device number (S12). Specifically, in order to reduce the amount of data transmitted in the network 30, the determination unit 12 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 37 and figure 1).
Regarding claim 3, Kobayashi discloses the optical network system according to claim 2, wherein management data for enabling the reception device to determine a data reduction amount by the thinning in the transmission data received by the reception ;(when the network 30 is congested or in a state where the load of the network device is higher than the threshold is the same as the reception device number in a state where the network 30 is not congested or in a state where the load of the network device is lower than the threshold. In such a case, the determination unit 12 may make the data size of the communication data in a state where the network 30 is congested smaller than the data size of the communication data in a state where the network 30 is not congested, see paragraph 42 and figure 1) device is added to the transmission data transmitted from the transmission device ;( the information related to the congestion status of the network 30 may be acquired from a network device in the network 30, a management device that manages the network 30, see paragraph 41).
Regarding claim 4, Kobayashi discloses the optical network system according to claim 2, wherein the transmission data transmitted from the transmission device is video data subjected to bit data rearrangement processing for performing the thinning; (the determination unit 12 determines, in a case where the reception device number is a first number, the data size or the bit rate of the communication data such that the data size or the bit rate becomes smaller or lower than that in a case where the reception device number is a second number smaller than the first number, see paragraph 26 and figure 1).
Regarding claim 7, Kobayashi discloses the optical network system according to claim 1, wherein the optical network control device controls a data reduction amount in the data amount conversion unit on a basis of a capability of the reception device together with the communication speed of the constructed path; ( the determination unit 12 may store information in which the reception device number, the communication data type, and the data size are associated in the memory, see paragraph 39 and the determination unit 42 may, for example, decrease the data size or lower the bit rate such that the amount of data to be increased is less than the amount of data to be increased in proportion to the increase number of reception devices (more speed), see paragraph 58).
Claim 5 is rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1) and further in view of Nonaka et al; (WO 2009/144800A1).
Regarding claim 5, the combination of Kobayashi and Nagase does not explicitly disclose the optical network system according to claim 4, wherein the bit data rearrangement processing is rearrangement of bit data between a plurality of frames as a set or between a plurality of pixels as a set in a frame.
In a related field of endeavor, Nonaka discloses the optical network system according to claim 4, wherein the bit data rearrangement processing is rearrangement of bit data between a plurality of frames as a set;( data relay device (200) has a reception processing section (210) that divides transmitted data into data blocks to store the data blocks together with the labels for management of the data blocks on a memory section (240),and the amount of information transmitted can be reduced and arranging by compressing the transmission data, see Abstract and Background and figure 2) or between a plurality of pixels as a set in a frame. (Only one of the claim limitation is required ot be considered by the Examiner).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the data compression of Nonaka with Kobayashi and Nagase to provide filtering of the inappropriate information and the motivation increased data transmission efficiency by reducing the time required for relay of the transmitted data.
Claims 8,10 and 11 are rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1)
Regarding claim 8, Kobayashi discloses a relay device ;(plurality of relay devices 61, 62 between the transmission device 70 and plurality of reception devices 21-25, see figure 8) comprising: a data amount conversion unit that converts a data amount of transmission data, wherein the data amount conversion unit is configured to reduce the data amount of the transmission data; (the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6).
However, Kobayashi does not explicitly disclose as an optical signal as it is.
In a related field of endeavor, Nagase discloses as an optical signal as it is ;(optical
communication line that enables a long-haul high-capacity data communication, see page 1, lines 27-29).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the optical communication line of Nagase with Kobayashi to transmit and receive high-quality image data and high-quality voice data and the motivation is to provide increased efficiency of data transmission and/or reception.
Regarding claim 10, Kobayashi discloses the relay device according to claim 8, wherein the data amount conversion unit reduces the data amount by thinning in a case of reducing the data amount of the transmission data ; (the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6).
Regarding claim 11, Kobayashi discloses the relay device according to claim 8, further comprising: an optical splitter ;(splitter for splitting the transmitting the optical signal into two relay devices 61,62, see figure 8) wherein the data amount conversion unit converts the data amount of the transmission data split by the optical splitter; (the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6).
Claim 9 is rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1) and further in view of Nonaka et al; (WO 2009/144800A1).
Regarding claim 9, Kobayashi discloses the relay device according to claim 8, wherein the data amount conversion unit is (in order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6).
However, the combination of Kobayashi and Nagase does not explicitly disclose formed by using an optical arithmetic circuit.
In a related field of endeavor, Nonaka discloses formed by using an optical arithmetic circuit;( CPU (Central Processing Unit) 1010 that executes various arithmetic processes, see figure 23).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the optical arithmetic circuit of Nonaka to provide various arithmetic processes in the processing unit and the motivation is dividing the transmitted data into data blocks to store the data blocks together with the labels for management of the data blocks.
Claims 12,13 and 14 are rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1)
Regarding claim 12, Kobayashi discloses a transmission device ;(transmission device 12, see figure 5) comprising: a data output unit that outputs transmission data of which is able to be reduced by thinning;( the generation unit 51 applies the data size or the bit rate notified from server device 40 as the data size or the bit rate of the communication data, see paragraph 53 and figure 5) and a data transmission unit that transmits the transmission data ;(the transmission unit 52 transmits the communication data generated by the generation unit 51 for each reception device to each reception device via the network 30, see paragraph 54 and figure 5).
However, Kobayashi does not explicitly disclose a data amount.
In a related field of endeavor, Nagase discloses a data amount; (the control unit 201 identifies the data name for which the transmission status is changed to "FALSE" in the transmission management table 205 and stops transmission of the video data to the communication terminal 13 that has sent the notice, see page 27, lines 2-10).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the control unit of Nagase with Kobayashi to control the transmission status of the relay device and the motivation is to stop the and/or resume the data (video) transmission based on the network load.
Regarding claim 13, Kobayashi discloses the transmission device according to claim 12, wherein management data for enabling a reception device to determine a data reduction amount by the thinning in the transmission data received by the reception device ;( the network 30 is congested or in a state where the load of the network device is higher than the threshold is the same as the reception device number in a state where the network 30 is not congested or in a state where the load of the network device is lower than the threshold. In such a case, the determination unit 12 may make the data size of the communication data in a state where the network 30 is congested smaller than the data size of the communication data in a state where the network 30 is not congested, see paragraph 42 and figure 1) is added to the transmission data ;( the information related to the congestion status of the network 30 may be acquired from a network device in the network 30, a management device that manages the network 30, see paragraph 41).
Regarding claim 14, Kobayashi discloses the transmission device according to claim 12, wherein the transmission data is video data subjected to bit data rearrangement processing for performing the thinning (the determination unit 12 determines, in a case where the reception device number is a first number, the data size or the bit rate of the communication data such that the data size or the bit rate becomes smaller or lower than that in a case where the reception device number is a second number smaller than the first number, see paragraph 26 and figure 1).
Claim 15 is rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1) and further in view of Nonaka et al; (WO 2009/144800A1).
Regarding claim 15, the combination of Kobayashi and Nagase does not explicitly disclose the transmission device according to claim 14, wherein the bit data rearrangement processing is rearrangement of bit data between a plurality of frames as a set or between a plurality of pixels as a set in a frame.
In a related field of endeavor, Nonaka discloses the transmission device according to claim 14, wherein the bit data rearrangement processing is rearrangement of bit data between a plurality of frames as a set;( data relay device (200) has a reception processing section (210) that divides transmitted data into data blocks to store the data blocks together with the labels for management of the data blocks on a memory section (240),and the amount of information transmitted can be reduced and arranging by compressing the transmission data, see Abstract and Background and figure 2) or between a plurality of pixels as a set in a frame. (Only one of the claim limitation is required ot be considered by the Examiner).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the data compression of Nonaka with Kobayashi and Nagase to provide filtering of the inappropriate information and the motivation increased data transmission efficiency by reducing the time required for relay of the transmitted data.
Claim 17 is rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nonaka et al; (WO 2009/144800A1).
Regarding claim 17, Kobayashi discloses a reception device ;(plurality of reception devices 21,22 and 23 coupled with the server device 40, see figure 4) comprising: a data reception unit that receives transmission data to which management data for determining a data reduction amount is added; the information related to the congestion status of the network 30 may be acquired from a network device in the network 30, a management device that manages the network 30, see paragraph 41) a determination unit that determines the data reduction amount on a basis of the management data ;(when the network 30 is congested or in a state where the load of the network device is higher than the threshold is the same as the reception device number in a state where the network 30 is not congested or in a state where the load of the network device is lower than the threshold. In such a case, the determination unit 12 may make the data size of the communication data in a state where the network 30 is congested smaller than the data size of the communication data in a state where the network 30 is not congested, see paragraph 42 and figure 1) and
However, Kobayashi does not explicitly disclose a data processing unit that processes the received transmission data on a basis of the determined data reduction amount.
In a related field of endeavor, Nonaka discloses a data processing unit that processes the received transmission data on a basis of the determined data reduction amount;( a reception processing section (210) that divides transmitted data into data blocks to store the data blocks together with the labels for management of the data blocks on a memory section (240), a manipulation processing section (220) to manipulate the data blocks stored on the memory section, and a transmission processing section (230) to transmit the manipulated data blocks to a destination, see Abstract and figure 2).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the data processing of Nonaka with Kobayashi to provide filtering of the inappropriate information and the motivation increased data transmission efficiency by reducing the time required for relay of the transmitted data.
Claim 18 is rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nonaka et al; (WO 2009/144800A1) and further in view Nagase et al; (CA 2869735A1)
Regarding claim 18, Kobayashi discloses the reception device according to claim 17, wherein the received transmission data is transmission data transmitted via a data conversion unit configured to reduce a data amount by thinning the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6).
However, the combination of Kobayashi and Nonaka does not explicitly disclose as an optical signal as it is.
In a related field of endeavor, Nagase discloses as an optical signal as it is ;(optical
communication line that enables a long-haul high-capacity data communication, see page 1, lines 27-29).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the optical communication line of Nagase with Kobayashi and Nonaka to transmit and receive high-quality image data and high-quality voice data and the motivation is to provide increased efficiency of data transmission and/or reception.
Claims 19 and 20 are rejected under 35 USC 103 as being unpatentable over Kobayashi et al; (US 2024/0259870) in view Nagase et al; (CA 2869735A1).
Regarding claim 19, Kobayashi discloses an optical network control device ;(optical network system, see figure 8) comprising: a path construction unit that constructs a path from a transmission device to a reception device via a predetermined number of relay devices on an optical network, ,( the server device 40 can centrally manage the policy of the relationship between the reception device number and the data size or the bit rate and the specification unit 11 specifies that three reception devices belong to the subgroup formed by the relay device 61 and two reception devices belong to the subgroup formed by the relay device 62, see paragraph 64) includes a data amount conversion unit configured to reduce a data amount of transmission data, ,(the determination unit 42 determines the data size or the bit rate of the communication data according to the reception device number. In order to reduce the amount of data transmitted in the network 30, the determination unit 42 decreases the data size or lowers the bit rate as the reception device number increases, see paragraph 58 and figure 6) and further includes a data reduction amount control unit that controls a data reduction amount in the data amount conversion unit on a basis of a communication speed of the constructed path ; (the determination unit 12 may store information in which the reception device number, the communication data type, and the data size are associated in the memory, see paragraph 39 and the determination unit 42 may, for example, decrease the data size or lower the bit rate such that the amount of data to be increased is less than the amount of data to be increased in proportion to the increase number of reception devices (more speed), see paragraph 58).
However, Kobayashi does not explicitly disclose wherein at least any one of the predetermined number of relay devices included in the constructed path.
In a related field of endeavor, Nagase discloses wherein at least any one of the predetermined number of relay devices included in the constructed path (the control unit 201 of the relay device 17 identifies the communication terminal 13 serving as a transmission destination and video data to be transmitted to the communication terminal 13 based on the transmission destination terminal ID and the data name for which the transmission status is changed to "FALSE" in the transmission management table 205, and stops transmission of the video data to the communication terminal 13 that has sent the notice, see page 27, lines 2-10), as an optical signal as it is;(optical communication line that enables a long-haul high-capacity data communication, see page 1, lines 27-29).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the control unit of Nagase with Kobayashi to control the transmission status of the relay device and the motivation is to stop the and/or resume the data (video) transmission based on the network load.
Regarding claim 20, Kobayashi discloses the optical network control device according to claim 19, wherein the data reduction amount control unit controls the data reduction amount in the data amount conversion unit on a basis of a capability of the reception device together with the communication speed of the constructed path ( the determination unit 12 may store information in which the reception device number, the communication data type, and the data size are associated in the memory, see paragraph 39 and the determination unit 42 may, for example, decrease the data size or lower the bit rate such that the amount of data to be increased is less than the amount of data to be increased in proportion to the increase number of reception devices (more speed), see paragraph 58).
Allowable Subject Matter
Claims 6, 16 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Ghuman (US 2022/0264201) discloses an Optical Communications Module Link Extender (OCML) including embedded Ethernet and PON amplification to provide the appropriate amplification to transmit both Ethernet and PON signals, see figure 1.
b. Sato (US 2012/0099606) discloses a communication unit that performs communication with a receiving apparatus; a transmission processing unit that transmits transmission data to the receiving apparatus via the communication unit; and a reproduction quality adjustment unit that adjusts a reproduction quality of the transmission data based on a retransmission request frequency that indicates a number of times that a retransmission request with respect to the transmission data is received from the receiving apparatus via the communication unit over a predetermined period of time, see figure 5.
c. Gert et al; (EP 3525367A1) discloses a signal generator operatively coupled to the first communication interface and the second communication interface. The signal generator is configured to generate an Ethernet signal representing at least one attribute of the optical line between the first communication interface and the network device. The second communication interface is configured to transmit the Ethernet signal to the router, see figure 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634
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