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 .
Applicant’s submission dated 03/14/2024 has been received and made of record.
The Instant Application claims priority to Provisional Patent Application 63/491,210, filed 03/20/2023.
Claims 1-23 are currently pending in Application 18/604,548.
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.
Claims 1-3 and 5-23 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “Cellular Identity Profile” in claim 1-3 and 5-23 is used by the claim to mean something related to wireless communication networks while the accepted meaning relates to biological cell characteristics including genomics. The term is indefinite because the specification does not clearly redefine the term. For the purposes of examination, the term “Cellular Identity Profile” will be read as a generic “identifier”, except for claim 4, where particular identifiers are specified.
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.
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.
Claim(s) 1-4, 6-9, 19, 21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) in view of Xu (US 2023/0262447 A1).
Regarding claims 1 and 23, Ramappa discloses A system and a method for transmitting a group of outgoing data packets of a single application, from a cellular transmitting device to a recipient device… (Ramappa: Paragraph [0038], “The 5G NR RAN 120 may be a portion of a cellular network that may be deployed by a network carrier (e.g., Verizon, AT&T, T-Mobile, etc.). The 5G NR RAN 120 may include, for example, nodes, cells or base stations (e.g., Node Bs, eNodeBs, HeNBs, eNBS, gNBs, gNodeBs, macrocells, microcells, small cells, femtocells, etc.) that are configured to send and receive traffic from UEs that are equipped with the appropriate cellular chip set”) comprising:
a cellular transmitting device, configured to transmit, using at least a first associated transmitter, to a recipient device a set of outgoing packets (Ramappa: Paragraph [0038], “The 5G NR RAN 120 may be a portion of a cellular network that may be deployed by a network carrier (e.g., Verizon, AT&T, T-Mobile, etc.). The 5G NR RAN 120 may include, for example, nodes, cells or base stations (e.g., Node Bs, eNodeBs, HeNBs, eNBS, gNBs, gNodeBs, macrocells, microcells, small cells, femtocells, etc.) that are configured to send and receive traffic from UEs that are equipped with the appropriate cellular chip set”) that belong to a single application (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”);
wherein the cellular transmitting device (Ramappa: Paragraph [0040], “The IMS 150 may be generally described as an architecture for delivering multimedia services to the UE 110 using the IP protocol”),
a first subset of said outgoing packets of said single application for transmission from said cellular transmitting device over a first communication link that utilizes a first cellular slice of a first cellular communication network (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”), wherein said first cellular slice is associated with a first Cellular Identity Profile and with a first set of Quality-of-Service (QOS) parameters (Ramappa: Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”, and Paragraph [0091], “the user may decide to change their type of service. This may include purchasing or unlocking a premium service provided by the gaming application. From a network perspective, this premium service may be provided by a different network slice that provides a different guaranteed quality of service (QoS)”), and
(II) a second subset of said outgoing packets of said single application for simultaneous transmission from said cellular transmitting device over a second communication link of said first cellular communication network (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”);
wherein said second communication link is associated with said first Cellular Identity Profile and with a second set of QoS parameters (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”, and Paragraph [0091], “the user may decide to change their type of service. This may include purchasing or unlocking a premium service provided by the gaming application. From a network perspective, this premium service may be provided by a different network slice that provides a different guaranteed quality of service (QoS)”; the same PLMN (and associated identifier) may be used for multiple network slices);
wherein said cellular transmitting device (I) is associated with a first cellular transceiver, that is configured to transmit said first subset of said outgoing packets via said first cellular communication link that utilizes said first cellular slice, and (II) is further configured to simultaneously transmit said second subset of said outgoing packets via said second cellular communication link (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”).
Ramappa does not explicitly disclose a Bonding Unit.
However, Xu teaches this feature (Xu: Paragraph [0067], “DSPM 309 may optionally utilize multiple SIM cards/designated DSs to provide PS service to one or more applications 306A-306N. For example, application 306A may have some amount of data to transmit, and to improve throughput, DSPM 309 may, if possible, utilize both SIM cards 312 and 322 to effectuate a data communication session… DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”; the DSPM can be considered a “Bonding Unit”).
Ramappa and Xu are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network slice management. 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; that is, it would have been obvious to incorporate Xu’s DSPM (Data Subscription Policy Manager) into the system of Ramappa for greater network optimization per network factors and service requirements.
Ramappa-Xu teaches 2. The system of claim 1, wherein said second communication link is associated with a second cellular slice that is associated with a second set of QoS parameters, and wherein said second cellular slice is manifested by said first cellular communication network (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”, and Paragraph [0091], “the user may decide to change their type of service. This may include purchasing or unlocking a premium service provided by the gaming application. From a network perspective, this premium service may be provided by a different network slice that provides a different guaranteed quality of service (QoS)”; the same PLMN (and associated identifier) may be used for multiple network slices).
Ramappa-Xu teaches 3. The system of claim 1, wherein the Bonding Unit of said cellular transmitting device is configured to further allocate, at the application level or at the Internet Protocol (IP) level, a third subset of said outgoing packets of said single application for transmission from said cellular transmitting device over a third communication link that utilizes a third cellular slice of a second cellular communication network that is different from said first cellular communication network (Xu: Paragraph [0067], “DSPM 309 may optionally utilize multiple SIM cards/designated DSs to provide PS service to one or more applications 306A-306N. For example, application 306A may have some amount of data to transmit, and to improve throughput, DSPM 309 may, if possible, utilize both SIM cards 312 and 322 to effectuate a data communication session… DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”, Paragraph [0072], “both SIM cards can be used simultaneously to effectuate data connections for use by one or more applications”, and Paragraph [0073], “the quality of service/user experience can be improved by virtue of utilizing a SIM card(s) that optimize the communication of data/operational characteristics”; the first and second SIM card would normally be used for two separate/different cellular communication networks);
wherein said third communication link, that utilizes said third cellular slice, is associated with a second, different, Cellular Identity Profile and with a third set of QoS parameters (Ramappa: Paragraph [0091], “a different network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0073], “the quality of service/user experience can be improved by virtue of utilizing a SIM card(s) that optimize the communication of data/operational characteristics”; the first and second SIM card would normally be used for two separate/different cellular communication networks);
wherein said third set of QoS parameters for said third cellular slice is manifested by said second cellular communication network (Ramappa: Paragraph [0091], “a different network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0073], “the quality of service/user experience can be improved by virtue of utilizing a SIM card(s) that optimize the communication of data/operational characteristics”; the first and second SIM card would normally be used for two separate/different cellular communication networks);
wherein said Bonding Unit allocates zero or more packets into said second subset of outgoing packets for transmission via the second cellular communication link (Xu: Paragraph [0067], “DSPM 309 may optionally utilize multiple SIM cards/designated DSs to provide PS service to one or more applications 306A-306N. For example, application 306A may have some amount of data to transmit, and to improve throughput, DSPM 309 may, if possible, utilize both SIM cards 312 and 322 to effectuate a data communication session… DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”; the DSPM can be considered a “Bonding Unit”);
wherein transmission of the first subset of outgoing packets is performed via said first cellular transceiver that is associated with said first Cellular Identity Profile (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”);
wherein transmission of the third subset of outgoing packets is performed, simultaneously, via a second cellular transceiver that is associated with said second Cellular Identity Profile (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”; Xu: Paragraph [0072], “Paragraph [0072], “both SIM cards can be used simultaneously to effectuate data connections for use by one or more applications”).
Ramappa-Xu teaches 4. The system of claim 1, wherein each Cellular Identity Profile that is utilized by said cellular transmitting device, is defined by one of:
a unique Subscriber Identity Module (SIM), a unique Embedded SIM (eSIM), a unique Virtual SIM (vSIM), a unique International Mobile Subscriber Identity (IMSI) number, a unique Universal Integrated Circuit Card (UICC), a subscriber Profile ID (Ramappa: Paragraph [0039], “5G NR-RAN 120 may be associated with a particular cellular provider where the UE 110 and/or the user thereof has a contract and credential information (e.g., stored on a SIM card”; Xu: Paragraph [0072], “Paragraph [0072], “both SIM cards can be used simultaneously to effectuate data connections for use by one or more applications”).
Ramappa-Xu teaches 6. The system of claim 1, wherein the Bonding Unit is configured to allocate the first subset of outgoing packets of said single application for transmission via the first cellular slice, and to allocate the second subset of outgoing packets of said single application for transmission via the second, different, cellular communication link (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application… All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”), based on a cellular slices allocation scheme that takes into account at least one of:
published minimum bandwidth of each cellular slice, expected bandwidth of each cellular slice, estimated latency of each cellular slice, estimated error rate of each cellular slice (Ramappa: Paragraph [0091], “network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0066], “ DSPM 309 can determine the identity or operating characteristics needed/associated with requesting application 306B. DSPM 309 can consider the relevant factors, e.g., application 306B is identified as being an application that has video data queued for transmission, necessitating low latency/high quality of service. In this example, SIM card 322/SDS may have more bandwidth to support the transmission of video data, and thus, DSPM 309 selects SIM card 322/SDS for use by application 306B. Tables, data stores, or similar mechanisms may be used to store and maintain information/relevant characteristics/etc., and can be accessed by DSPM 309 to make the above-described selection determination”).
Ramappa-Xu teaches 7. The system of claim 1, wherein said set of outgoing packets of said single application comprise at least two packet-types from the group consisting of:
video packets, audio packets, data packets, error correction packets, control packets (Ramappa: Paragraph [0020], “packet data unit”, and Paragraph [0087], “The UE 110 is triggered to register to this new network slice while the user is actively using the corresponding application running on the UE 110 (e.g., streaming video, cloud gaming, extended reality (XR), etc.)”);
wherein packets of a first type from said group, of said single application, are transmitted from said cellular transmitting device to said recipient device over the first cellular slice (Ramappa: Paragraph [0097], “, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously”; all three slices are being used to transmit multiple types of data, as XR incorporates at least video, audio, data, and control packets);
wherein packets of a second, different, type from said group, of said single application, are transmitted from said cellular transmitting device to said recipient device over the second, different, cellular communication link (Ramappa: Paragraph [0097], “, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously”; all three slices are being used to transmit multiple types of data, as XR incorporates at least video, audio, data, and control packets).
Ramappa-Xu teaches 8. The system of claim 3, wherein said first cellular slice and said third cellular slice are specifically selected from a pool of available cellular slices, based on having sufficiently similar performance characteristics beyond a pre-defined threshold level of similarity (Ramappa: Paragraph [0091], “ different network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0067], “DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”, Paragraph [0072], “both SIM cards can be used simultaneously to effectuate data connections for use by one or more applications”, and Paragraph [0073], “the quality of service/user experience can be improved by virtue of utilizing a SIM card(s) that optimize the communication of data/operational characteristics.”; these chosen slices must meet particular performance characteristics and therefore are “similar” beyond some threshold).
Ramappa-Xu teaches 9. The system of claim 3, wherein said first cellular slice and said third cellular slice are specifically selected from a pool of available cellular slices by using a cellular slices allocation scheme that is configured to create a bonded virtual communication link having bandwidth and transmission characteristics that are sufficient for timely and correctly delivering said set of outgoing data packets of said single application from said cellular transmitting device to said recipient device (Ramappa: Paragraph [0091], “ different network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0067], “DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”, Paragraph [0072], “both SIM cards can be used simultaneously to effectuate data connections for use by one or more applications”, and Paragraph [0073], “the quality of service/user experience can be improved by virtue of utilizing a SIM card(s) that optimize the communication of data/operational characteristics.”;
wherein said bonded virtual communication link is comprised of a plurality of different cellular slices of at least one cellular communication network (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”, and Paragraph [0091], “the user may decide to change their type of service. This may include purchasing or unlocking a premium service provided by the gaming application. From a network perspective, this premium service may be provided by a different network slice that provides a different guaranteed quality of service (QoS)”; the same PLMN (and associated identifier) may be used for multiple network slices).
Ramappa-Xu teaches 19. The system of claim 3, wherein the first cellular slice is one of:
(a) a first network-defined cellular slice that is manifested by the first cellular communication network (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices);
(b) a first differentiated set of QoS parameters that is defined by said first cellular communication network to be associated with said first cellular communication link via said first Cellular Identity Profile (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices);
wherein the third cellular slice is one of:
(a) a second network-defined cellular slice that is manifested by the first cellular communication network (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices);
(b) a second differentiated set of QoS parameters that is defined by said first cellular communication network to be associated with said third cellular communication link via said second Cellular Identity Profile (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices).
Ramappa-Xu teaches 21. The system of claim 2, wherein said set of outgoing packets comprise video content of said single application, wherein said video content is encoded to include:
(i) a base-quality encoded video layer packets and (ii) a higher-quality encoded video layer packets (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”);
wherein the base-quality encoded video layer packets are transmitted from said cellular transmitting device to said recipient device over the first cellular slice (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”);
wherein the higher-quality encoded video layer packets are transmitted from said cellular transmitting device to said recipient device over the second, different, cellular slice (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claim 1 above in further view of MacDonald (US 2023/0422100 A1).
Ramappa-Xu teaches 5. The system of claim 1, wherein at least some packets of said set of outgoing packets of said single application, are transmitted from said cellular transmitting device to said recipient device over said first cellular slice which is associated with a published guaranteed minimum bandwidth (Ramappa: Paragraph [0091], “network slice that provides a different guaranteed quality of service (QoS)”);
wherein at least some other packets of said set of outgoing packets of said single application, are transmitted from said cellular transmitting device to said recipient device over said second cellular communication link (Ramappa: Paragraph [0097], “multiple combinations of PDU sessions and network slices may be kept activate for an application. This may allow the user to switch between different services in a seamless manner. For example, a video streaming application may use a first PDU session and network slice combination for a first type of video quality, a second PDU session and network slice combination for a second type of video quality and a third PDU session and network slice combination for a third type of video quality. All three combinations may be activated simultaneously which may allow the user to switch between the different video qualities in a seamless manner”)).
Ramappa-Xu does not explicitly disclose the second link is a cellular communication link that does not have a published guaranteed minimum bandwidth and that operates on a best effort basis.
However, MacDonald teaches this feature (MacDonald: Paragraph [0080], “The minimum value for the communication rate may be determined based upon an existing standard, e.g., a 5QI standard for cellular communication… A Quasi QoS for Best Effort is a QoS model where the packets all receive the same priority, and there is no guaranteed delivery of packets. Best Effort is applied when networks have not configured QoS policies or when the infrastructure does not support QoS”).
Ramappa-Xu and MacDonald are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network management. 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; that is, it would have been obvious to incorporate MacDonald’s Quasi-QoS for Best Effort into the system of Ramappa-Xu for compatibility with a greater array of network links (MacDonald: Paragraph [0080], “Best Effort is applied when networks have not configured QoS policies or when the infrastructure does not support QoS”).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claims 1, 3, and 9 above in further view of Lawrence (US 2017/0125026 A1).
Ramappa-Xu teaches 10. The system of claim 9.
Ramappa-Xu does not explicitly disclose that based on characteristics of said bonded virtual communication link, one or more of the following modifications are performed:
(a) one or more Forward Error Correction (FEC) parameters are adjusted by the cellular transmitting device;
(b) a size of a Packet Reception Jitter Buffer is modified at said recipient device;
(c) one or more Video Encoding parameters are adjusted at a video encoder that is associated with said cellular transmitting device.
However, Lawrence teaches this feature (Lawrence: Paragraph [0079], “If there are no or few audio drops detected, the transmitter may send instructions to decrease the receiver jitter buffer size to reduce the latency and push the playback quality and occurrence of AV drops to its limit”; audio drops are based on characteristics of the communication link).
Ramappa-Xu and Lawrence are analogous art in the same field of endeavor as the instant invention as all are drawn to network management. 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; that is, it would have been obvious to incorporate Lawrence’s jitter buffer resizing into the system of Ramappa-Xu to improve streaming performance and/or reliability.
Ramappa-Xu teaches 11. The system of claim 1.
Ramappa-Xu does not explicitly disclose that the cellular transmitting device is configured to estimate that in view of particular performance characteristics of the first cellular slice, a size of a Packet Reception Jitter Buffer at the recipient device can be reduced;
and is configured to send a signal that indicates to the recipient device to reduce accordingly the size of its Packet Reception Jitter Buffer.
However, Lawrence teaches this feature (Lawrence: Paragraph [0079], “If there are no or few audio drops detected, the transmitter may send instructions to decrease the receiver jitter buffer size to reduce the latency and push the playback quality and occurrence of AV drops to its limit”; audio drops are based on characteristics of the communication link).
Ramappa-Xu and Lawrence are analogous art in the same field of endeavor as the instant invention as all are drawn to network management. 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; that is, it would have been obvious to incorporate Lawrence’s jitter buffer resizing into the system of Ramappa-Xu to improve streaming performance and/or reliability.
Ramappa-Xu teaches 12. The system of claim 3, wherein the recipient device comprises:
one or more receivers, configured to receive incoming packets from said cellular transmitting device (Ramappa: Paragraph [0038], “The 5G NR RAN 120 may be a portion of a cellular network that may be deployed by a network carrier (e.g., Verizon, AT&T, T-Mobile, etc.). The 5G NR RAN 120 may include, for example, nodes, cells or base stations (e.g., Node Bs, eNodeBs, HeNBs, eNBS, gNBs, gNodeBs, macrocells, microcells, small cells, femtocells, etc.) that are configured to send and receive traffic from UEs that are equipped with the appropriate cellular chip set”).
Ramappa-Xu does not explicitly disclose:
a receiver-side Reception Jitter Buffer Size Modification Unit, (a) configured to define a first Packet Reception Jitter Buffer for receiving incoming packets that are received for said single application via said first cellular slice, and (b) configured to define a second, separate, Packet Reception Jitter Buffer for receiving incoming packets that are received for said single application via said third cellular slice;
wherein the receiver-side Reception Jitter Buffer Size Modification Unit is configured to dynamically modify a size of at least one of:
the first Packet Reception Jitter Buffer, the second Packet Reception Jitter Buffer, based on a Jitter Buffer Size Modification Signal that is received at the recipient device from the cellular transmitting device, wherein said Jitter Buffer Size Modification Signal is generated by the cellular transmitting device based on at least one of:
(i) a signal from performance characteristics of the first cellular slice that is used by the cellular transmitting device, (ii) performance characteristics of the third cellular slice that is used by the cellular transmitting device.
However, Lawrence teaches:
a receiver-side Reception Jitter Buffer Size Modification Unit, (a) configured to define a first Packet Reception Jitter Buffer for receiving incoming packets that are received for said single application via said first cellular slice, and (b) configured to define a second, separate, Packet Reception Jitter Buffer for receiving incoming packets that are received for said single application via said third cellular slice (Lawrence: Paragraph [0079], “If there are no or few audio drops detected, the transmitter may send instructions to decrease the receiver jitter buffer size to reduce the latency and push the playback quality and occurrence of AV drops to its limit”; each network connection is understood to have its own reception buffer);
wherein the receiver-side Reception Jitter Buffer Size Modification Unit is configured to dynamically modify a size of at least one of:
the first Packet Reception Jitter Buffer, the second Packet Reception Jitter Buffer, based on a Jitter Buffer Size Modification Signal that is received at the recipient device from the cellular transmitting device (Lawrence: Paragraph [0079], “If there are no or few audio drops detected, the transmitter may send instructions to decrease the receiver jitter buffer size to reduce the latency and push the playback quality and occurrence of AV drops to its limit”), wherein said Jitter Buffer Size Modification Signal is generated by the cellular transmitting device based on at least one of:
(i) a signal from performance characteristics of the first cellular slice that is used by the cellular transmitting device, (ii) performance characteristics of the third cellular slice that is used by the cellular transmitting device (Lawrence: Paragraph [0079], “If there are no or few audio drops detected, the transmitter may send instructions to decrease the receiver jitter buffer size to reduce the latency and push the playback quality and occurrence of AV drops to its limit”; audio drops are based on characteristics of the communication link, whether it be the first, second, or third slice).
Ramappa-Xu and Lawrence are analogous art in the same field of endeavor as the instant invention as all are drawn to network management. 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; that is, it would have been obvious to incorporate Lawrence’s jitter buffer resizing into the system of Ramappa-Xu to improve streaming performance and/or reliability.
Claim(s) 13-14 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claim 3 above in further view of Menon (US 2023/0284252 A1).
Ramappa-Xu teaches 13. The system of claim 1.
Ramappa-Xu does not explicitly disclose that at least the first cellular slice is:
a cellular sub-slice of a parent cellular slice that was divided by a cellular network element into at least two cellular sub-slices.
However, Menon teaches this feature (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”).
Ramappa-Xu and Menon are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network slicing. 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; that is, it would have been obvious to incorporate Menon’s network sub-slices into the system of Ramappa-Xu to improve system efficiency (Menon: Abstract, “Network sub-slices thus provide a way for variations within the parameter data of a network slice, without the overhead and need to instantiate a separate network slice for each variation needed by subscribing entities”).
Ramappa-Xu teaches 14. The system of claim 3, wherein the first cellular slice is:
a first cellular sub-slice of a first parent cellular slice that was divided by a cellular network element into a plurality of cellular sub-slices;
wherein the third cellular slice is:
a second cellular sub-slice of a second, different, parent cellular slice that was divided by the cellular network element into a plurality of cellular sub-slices.
However, Menon teaches this feature (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”; this process can be repeated for any arbitrary number of parent and child slices).
Ramappa-Xu and Menon are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network slicing. 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; that is, it would have been obvious to incorporate Menon’s network sub-slices into the system of Ramappa-Xu to improve system efficiency (Menon: Abstract, “Network sub-slices thus provide a way for variations within the parameter data of a network slice, without the overhead and need to instantiate a separate network slice for each variation needed by subscribing entities”).
Ramappa-Xu-Xenon teaches 16. The system of claim 13, wherein at least one cellular sub-slice, of a group of sub-slices that were divided from the same single cellular parent slice, is initially allocated to a first Customer Identity Profile that is utilized by said cellular transmitting device (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”).
wherein said at least one cellular sub-slice, is subsequently released from being allocated to said first Customer Identity Profile, and is re-allocated, based on one or more sub-slices release and re-allocation rules, to the second Customer Identity Profile (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”; it is implicit that the resources of released sub-slices are re-allocated to future sub-slices, including for other subscribers).
Ramappa-Xu-Menon teaches 17. The system of claim 13, wherein the Bonding Unit of the cellular transmitting device is configured to distribute the outgoing packets for transmission over at least two different communication routes (Xu: Paragraph [0067], “DSPM 309 may optionally utilize multiple SIM cards/designated DSs to provide PS service to one or more applications 306A-306N. For example, application 306A may have some amount of data to transmit, and to improve throughput, DSPM 309 may, if possible, utilize both SIM cards 312 and 322 to effectuate a data communication session… DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”) from the following group:
a first cellular slice (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices);
a second, different, cellular slice (Ramappa: Paragraph [0022], “Thus, the physical infrastructure of the 5G network may be sliced into multiple virtual networks, each configured for a different purpose”, and Paragraph [0024], “A network slice may be identified by single network slice selection assistance information (S-NSSAI). Each instance of S-NSSAI may be associated with a public land mobile network (PLMN) and may include the slice service type (SST) and a slice descriptor (SD). The SST may identify the expected behavior of the corresponding network slice with regard to services, features and characteristics”; the same PLMN (and associated identifier) may be used for multiple network slices);
a Wi-Fi communication link.
Ramappa-Xu-Menon teaches 18. The system of claim 13, wherein the Bonding Unit of the cellular transmitting device is configured to distribute the outgoing packets for transmission over at least two different communication routes (Xu: Paragraph [0067], “DSPM 309 may optionally utilize multiple SIM cards/designated DSs to provide PS service to one or more applications 306A-306N. For example, application 306A may have some amount of data to transmit, and to improve throughput, DSPM 309 may, if possible, utilize both SIM cards 312 and 322 to effectuate a data communication session… DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”) from the following group:
a first cellular sub-slice of a parent cellular slice (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”);
a second, different, cellular sub-slice of said parent cellular slice (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”);
a Wi-Fi communication link.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claim 3 above in further view of Menon (US 2023/084252 A1) and MacDonald (US 2023/0422100 A1) .
Ramappa-Xu teaches 15. The system of claim 3,
wherein said first cellular
Ramappa-Xu does not explicitly disclose that the first cellular slice is:
a first cellular sub-slice of a first parent cellular slice that was divided by a cellular network element into a plurality of cellular sub-slices;
wherein the third cellular slice is:
a second cellular sub-slice of a second, different, parent cellular slice that was divided by the cellular network element into a plurality of cellular sub-slices.
However, Menon teaches this feature (Menon: Claim 1, “ the network sub-slice is a first network sub-slice allocated from the first resources, and wherein the operations further comprise allocating the second resources of the network slice for operation as a second network sub-slice”; this process can be repeated for any arbitrary number of parent and child slices).
Ramappa-Xu and Menon are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network slicing. 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; that is, it would have been obvious to incorporate Menon’s network sub-slices into the system of Ramappa-Xu to improve system efficiency (Menon: Abstract, “Network sub-slices thus provide a way for variations within the parameter data of a network slice, without the overhead and need to instantiate a separate network slice for each variation needed by subscribing entities”).
Ramappa-Xu-Menon does not explicitly disclose that said third cellular sub-slice is not associated with a published minimum bandwidth and is operated on a best effort basis.
However, MacDonald teaches this feature (MacDonald: Paragraph [0080], “The minimum value for the communication rate may be determined based upon an existing standard, e.g., a 5QI standard for cellular communication… A Quasi QoS for Best Effort is a QoS model where the packets all receive the same priority, and there is no guaranteed delivery of packets. Best Effort is applied when networks have not configured QoS policies or when the infrastructure does not support QoS”).
Ramappa-Xu-Menon and MacDonald are analogous art in the same field of endeavor as the instant invention as all are drawn to cellular network management. 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; that is, it would have been obvious to incorporate MacDonald’s Quasi-QoS for Best Effort into the system of Ramappa-Xu-Menon for compatibility with a greater array of network links (MacDonald: Paragraph [0080], “Best Effort is applied when networks have not configured QoS policies or when the infrastructure does not support QoS”).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claim 1 above in further view of Hwang (US 2015/0365325 A1).
Ramappa-Xu teaches 20. The system of claim 1, including estimated or expected performance characteristics of the first cellular slice (Ramappa: Paragraph [0091], “ different network slice that provides a different guaranteed quality of service (QoS)”; Xu: Paragraph [0067], “DSPM 309 can consider various factors/requirements/desired operating characteristics to determine if aggregated DS is appropriate”).
Ramappa-Xu does not explicitly disclose that the cellular transmitting device is configured to overwrite a value of at least one Transmission Control Protocol (TCP) parameter, of a TCP-based wireless routing of the said single application, wherein said single application is utilizing TCP, based on estimated or expected performance characteristics of the network.
However, Hwang teaches this feature (Hwang: Paragraph [0105], “In various embodiments, an advertisement window value in a TCP header (“awnd” as shown in FIG. 4) may be replaced by the minimum value between the weighted fair-share bandwidth allocation and the network fair-share bandwidth allocation. The advertisement window is used to determine a maximum amount of data that can be sent before a sending entity must wait for an acknowledgement from a receiving entity. Using the advertisement window, the receiving entity may manage data flow control. With the advertisement window value in the TCP header, the receiving entity may continually inform the sending entity of how much data it is prepared to receive. Thus, by altering the advertisement window value in the TCP header, a host and/or virtual machine may be informed about an appropriate data size to transmit to another host and/or virtual machine. Additionally, by altering the advertisement window value in the TCP header, the bandwidth allocation may be adjusted along an entire path of a data flow (i.e., an end-to-end path), such that each node that a data flow traverses may adjust its bandwidth allocation accordingly”).
Ramappa-Xu and Hwang are analogous art in the same field of endeavor as the instant invention as all are drawn to network management. 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; that is, it would have been obvious to incorporate Hwang’s overwriting of TCP values into the system of Ramappa-Xu to allow for improved network congestion control (Hwang: Abstract).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramappa (US 2023/0100377 A1) and Xu (US 2023/0262447 A1) as applied to claim 2 above in further view of Liu (US 2009/0327842 A1).
Ramappa-Xu teaches 22. The system of claim 2, wherein some data is transmitted from said cellular transmitting device to said recipient device over the first cellular slice and some data is from said cellular transmitting device to said recipient device over the second cellular slice.
Ramappa-Xu does not explicitly disclose that said set of outgoing packets comprise (i) encoded video packets, and (ii) error correction data, that correspond to the same video content;
wherein the encoded video packets are transmitted from said cellular transmitting device to said recipient device over the first connection;
wherein error correction data is transmitted from said cellular transmitting device to said recipient device over the second, different, connection.
However, Liu teaches this feature (Liu: Paragraphs [0043]-[0044], “ FEC parity packets generated by a cross-packet forward error correction coding at the video streaming server are transmitted to the delayed recovery IP multicast group. Note that an FEC code is applied across the video packets (cross-packet) to produce parity packets… The video packet stream and the parity packet stream are multicast with a time shift to different IP multicast groups, i.e. staggercasting the video stream and the parity stream for temporal diversity. Specifically, the original video packet stream and the additional FEC parity packet stream are transmitted to all the BSs/APs in different IP multicast groups with a time shift by the video/streaming server”).
Ramappa-Xu and Liu are analogous art in the same field of endeavor as the instant invention as all are drawn to streaming data. 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; that is, it would have been obvious to incorporate Liu’s staggercasting of FEC data into the system of Ramappa-Xu to allow for more robust video transmission (Liu: Paragraph [0010], “The problem addressed and solved by the present invention is how to recover from random and burst packet loss, and achieve seamless handoffs to ensure high-quality video multicast/broadcast over IP-based wireless networks”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shaffer (US 2008/0240004 A1) describes a system for modifying jitter buffer sizing based on network conditions.
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/IMAD HUSSAIN/Primary Examiner, Art Unit 2453