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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2,4-8,11-18, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dillon to (US20220209990)
Regarding claim 1, Dillon teaches a software defined wide area network (SD-WAN) device, comprising: ([0006] "[...] The SD-WAN router, as its policies dictate, can dynamically shift an upstream end-user IP flow from one tunnel to another to move that IP flow's packets from being carried by one WAN connection to the other without disrupting the IP flow's addressing as seen by either end of the flow. Similarly, the SD-WAN gateway, can dynamically shift a downstream end-user IP flow from one tunnel to another", Figure 1, [0029] "FIG. 2 [...] SD-WAN router 110" [0030] "FIG. 3 [...] SD-WAN gateway 112")
a first SD-WAN interface (fig.2, S-WAN interface ref:222) with a first WAN
connection (fig.2, satellite modem ref:126); a second SD-WAN interface (fig.2, S-
WAN interface ref:228) with a second WAN connection (fig.2, wireless modem ref:132;[0027] "Again referring to FIG. 1, the system 100 includes an SD-WAN router 110 which provides internet access for a remote host 120 over a remote local area network (LAN) 122 over a connection 124. In the illustrated implementation, the SD-WAN router 110 communicates with the SD-WAN gateway 112 over two WAN connections. The first WAN connection includes a satellite modem 126 that supports a satellite tunnel 128 through a satellite access network 130 to the SD-WAN gateway 112. The second WAN connection includes a wireless modem 132 that supports a wireless tunnel 134 through a wireless LTE access network 136 to the SD-WAN gateway 112. The WAN connections support network communication between the remote host 120 and a public internet
host 140 over the internet 138") one or more processors operatively coupled to the first SD-WAN interface and the second SD-WAN interface to maintain one or more first SD-WAN tunnels over the first WAN connection and one or more second SD-WAN tunnels over the second WAN connection, wherein each of the one or more first SD-WAN tunnels (satellite tunnel ref:128) comprises a first directional SD-WAN transport/stream in a first direction and a second directional SD-WAN transport/stream in a second direction, and wherein each of the one or more second SD-WAN tunnels (wireless tunnel ref:134) comprises a third directional SD-WAN transport/stream in the first direction and a fourth directional SD-WAN transport/stream in the second direction (sends and receives packets); ([0028] "[...] The satellite WAN interface 222 sends and receives packets via a satellite modem 126 on the satellite tunnel 128 over the satellite access network 130 (FIG. 1) and onto the public internet 138. The wireless tunnel end-point 226 encapsulates upstream packets in another packet, a satellite tunnel packet, and de-encapsulates received satellite tunnel packets. The wireless WAN interface 228 sends and receives packets via the wireless modem 132 on the wireless tunnel 134 over the wireless access network 136 (FIG. 1) and on to the public internet 138. The SD-WAN router 110 may further include a usage knob 230 that is used by the VPN classifier 114)
and a memory operatively coupled with the one or more processors, wherein the memory is to store instructions which, when executed by the one or more processors, cause the one or more processors to([0101] discloses The router 900 may also include a main memory 906, such as a random-access memory (RAM) or other dynamic storage device, coupled to the bus 902 for storing information and executable instructions to be executed by the processor 904) receive a plurality of packets from a first remote host( VPN Client 212) to transmit to a second remote host; ([0028] "[...] The SD-WAN Router 110 includes a LAN interface 210 that allows it to exchange packets with multiple LAN host devices
(with only one shown in the figure, in this case a VPN Client 212)) determine whether a transmission direction of the plurality of packets is in the first direction or in the second direction; ([0028] "[...] The classifier 214 examines packet IP addresses, ports and other packet characteristics to identify IP flows (upstream and downstream). The VPN classifier 114 examines VPN packets and estimates the type of traffic they are carrying and selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream packet's tagged policy")
determine an operational status of the directional SD-WAN transport/streams in the determined direction of each of the one or more first SD-WAN tunnels and each of the one or more second SD-WAN tunnels;( [0026] "[...] The policy determines, together with current WAN status,
which tunnel or tunnels thru which to send the VPN packets" [0054],[0055] "The VPN classifier receives a set of VPN Classification rules that are used to estimate traffic type and, as a function of usage knob setting, select the SD-WAN policy to be applied to an outbound IP
flow [...] A performance contract defines an SD-WAN policy which may be as simple as always use one WAN or the other or may define various characterizations of expected performance (thruput capacity, latency, jitter, etc.) to guide the WAN selection") and
select a directional SD-WAN transport/stream to transmit the plurality of packets in the determined direction based on its determined operational status([0028] "[...] selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream
packet's tagged policy" [0054], [0055] "[...] characterizations of expected performance [...] to guide
the WAN selection")
Regarding claim 8, Dillon teaches a method for assigning a directional software defined wide area network (SD-WAN) transport/stream to SD-WAN packet traffic, comprising([0049], [0050] The VPN Classifier, in the illustrated implementation, updates an outbound VPN IP flow's policy once every measurement period…all of the VPN's traffic in a given direction should go over satellite when any of its traffic) determining, by one or more processors, an applicable criteria for classification ([0011]…classification rules) of each directional SD-WAN transport/stream in each SD-WAN tunnel being carried on two or more of a plurality of WAN transports between two or more SD-WAN devices, wherein the applicable criteria for classification comprises a set of packet traffic characteristics ([0052],table 1, traffic type) defining an operational status ([0052],table 1,usage) of a directional SD-WAN transport/stream([0052],table 1, direction;[0028] "[...] The classifier 214 examines packet IP addresses, ports and other packet characteristics to identify IP flows (upstream and downstream). The VPN classifier 114 examines VPN packets and estimates the type of traffic they are carrying and selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream packet's tagged policy" [0053] "[---] The VPN Classifier's classification rules provide a means
for estimating traffic of the types" page 6 Table 1 - Voice, video, download etc.)
monitoring,([0034] monitors VPN flow) by the one or more processors, each of a plurality of active directional SD-WAN transport/streams in each SD-WAN tunnel being carried on the two or more of the plurality of WAN transports between the two or more SD-WAN devices;([0034] discloses the system monitors VPN flow for a specified period of time, for example about 500 ms) calculating, by the one or more processors, an operational status for each of the plurality of active directional SD-WAN transport/streams based on the determined applicable criteria for classification; ([0033],[0034] discloses calculates traffic statistics of the VPN flow in the specified time period (step 820). Next, the system applies classification rules to the traffic statistics (step 830). The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)) and selecting, by the one or more processors, a directional SD-WAN transport/stream from among the plurality of active directional SD-WAN transport/streams to transmit outgoing SD-WAN packet traffic between the two or more SD-WAN devices, based on the calculated operational status of the selected active directional SD-WAN transport/stream([0033],[0034] "FIG. 8 [...] The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)").
Regarding claim 16, Dillon teaches a non-transitory computer-readable storage medium storing machine-readable executable instructions, which when executed instructs one or more processors to: ([0101] discloses The router 900 may also include a main memory 906, such as a random-access memory (RAM) or other dynamic storage device, coupled to the bus 902 for storing information and executable instructions to be executed by the processor 904) receive a plurality of packets to transmit in a software defined wide area network (SD-WAN) communication connection between a first remote host (fig.1, Remote host ref:120) communicatively connected to an SD-WAN router(fig.1 ,110, router) and a second remote host (fig.1, internet host ref:140) communicatively connected to an SD-WAN gateway(fig.1 ,112, gateway, [0027],[0028] "[...] The SD-WAN Router 110 includes a LAN interface 210 that allows it to exchange packets with multiple LAN host devices) wherein the SD-WAN router and the SD-WAN gateway are communicatively connected over a first WAN connection (fig.1, Satellite) and a second WAN connection(fig.1, wireless), wherein the SD-WAN router and the SD-WAN gateway maintain the SD-WAN communication connection over one or more first SD-WAN tunnels (Satellite tunnel ref:128) on the first WAN connection and one or more second SD-WAN tunnels on the second WAN connection (Wireless tunnel ref:134), wherein each of the one or more first SD-WAN tunnels comprises a directional SD-WAN transport/stream in a first direction and a directional SD-WAN transport/stream in a second direction, wherein each of the one or more second SD-WAN tunnels comprises a first directional SD-WAN transport/stream in the first direction and a second directional SD-WAN transport/stream in the second direction, ([0028] "[...] The classifier 214 examines packet IP addresses, ports and other packet characteristics to identify IP flows (upstream and downstream). The VPN classifier 114 examines VPN packets and estimates the type of traffic they are carrying and selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream packet's tagged policy") and wherein the first direction is from the SD-WAN router to the SD-WAN gateway (upstream, Figures 4-5) and the second direction is from the SD-WAN gateway to the SD-WAN router;( downstream, Figures 6-7) ;( [0025] "[...] The policy determines, together with current WAN status, which tunnel or tunnels thru which to send the VPN packets" [0055] "The VPN classifier receives a set of VPN Classification rules that are used to estimate traffic type and, as a function of usage knob setting, select the SD-WAN policy to be applied to an outbound IP flow [...] A performance contract defines an SD-WAN policy which may be as simple as always use one WAN or the other or may define various characterizations of expected performance (thruput capacity, latency, jitter, etc.) to guide the WAN selection") determine whether a transmission direction of the plurality of packets is in the first direction or in the second direction; ([0034] discloses the system monitors VPN flow for a specified period of time, for example about 500 ms) determine an application group of the plurality of packets; ([0049, [0050] The VPN Classifier, in the illustrated implementation, updates an outbound VPN IP flow's policy once every measurement period…all of the VPN's traffic in a given direction should go over satellite when any of its traffic)
select a set of packet traffic characteristics which define an operational status of a directional SD-WAN transport/stream, based on the determined application group; ([0052],table 1, direction;[0028] "[...] The classifier 214 examines packet IP addresses, ports and other packet characteristics to identify IP flows (upstream and downstream). The VPN classifier 114 examines VPN packets and estimates the type of traffic they are carrying and selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream packet's tagged policy" [0053] "[---] The VPN Classifier's classification rules provide a means for estimating traffic of the types" page 6 Table 1 - Voice, video, download etc.) determine an operational status of directional SD-WAN transport/streams in the determined direction of each of the one or more first SD-WAN tunnels and each of the one or more second SD-WAN tunnels, based on the selected set of packet traffic characteristics; ([0034] discloses calculates traffic statistics of the VPN flow in the specified time period (step 820). Next, the system applies classification rules to the traffic statistics (step 830). The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)) and
select a directional SD-WAN transport/stream to transmit the plurality of packets in the determined direction, based on its determined operational status([0034] "FIG. 8 [...] The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)").
Regarding claim 2, Dillon teaches a plurality of SD-WAN interfaces, wherein each of the plurality of SD-WAN interfaces has one or more WAN connections, including the first SD-WAN interface with the first WAN connection and the second SD-WAN interface with the second WAN connection ([0028].. The satellite WAN interface 222 sends and receives packets via a satellite modem 126 on the satellite tunnel 128 over the satellite access network 130 (FIG. 1) and onto the public internet 138. The wireless tunnel end-point 226 encapsulates upstream packets in another packet, a satellite tunnel packet, and de-encapsulates received satellite tunnel packets. The wireless WAN interface 228 sends and receives packets via the wireless modem 132 on the wireless tunnel 134 over the wireless access network 136 (FIG. 1)).
Regarding claim 4, Dillon teaches wherein the first WAN connection comprises a satellite network communicatively connected with the Internet ([0028] "[...] The satellite WAN interface 222 sends and receives packets via a satellite modem 126 on the satellite tunnel 128 over the satellite access network 130 (FIG. 1) and onto the public internet 138).
Regarding claim 5, Dillon teaches wherein the second WAN connection comprises a wireless cellular network communicatively connected with the Internet ([0028] The wireless WAN interface 228 sends and receives packets via the wireless modem 132 on the wireless tunnel 134 over the wireless access network 136 (FIG. 1).
Regarding claim 6, Dillon teaches a network interface communicatively connected to the first remote host([0027], FIG. 1, the system 100 includes an SD-WAN router 110 which provides internet access for a remote host 120 over a remote local area network (LAN) 122 over a connection 124).
Regarding claim 7, Dillon teaches wherein the first remote host comprises one of a remote local area network (LAN) host, an Internet host, or a private network host([0027], FIG. 1, the system 100 includes an SD-WAN router 110 which provides internet access for a remote host 120 over a remote local area network (LAN) 122 over a connection 124).
Regarding claim 11, Dillon teaches wherein determining, by the one or more processors, the applicable criteria for classification of each directional SD-WAN transport/stream comprises: selecting an applicable criteria of classification based on at least one of a direction of the outgoing SD-WAN packet traffic, an application of a connection of the outgoing SD-WAN packet traffic, a service class of the connection of the outgoing SD-WAN packet traffic, a transport mode (TM) of the connection of the outgoing SD-WAN packet traffic, a virtual private network (VPN) of the connection of the outgoing SD-WAN packet traffic, a type of the connection of the outgoing SD-WAN packet traffic, or a priority of the connection of the outgoing SD-WAN packet traffic([0052],table 1, direction, [0027], [0028] "[...] The classifier 214 examines packet IP addresses, ports and other packet characteristics to identify IP flows (upstream and downstream). The VPN classifier 114 examines VPN packets and estimates the type of traffic they are carrying and selects SD-WAN policies for each upstream VPN packet. The SD-WAN policy block 216 determines which tunnel or tunnels through which to send an upstream packet based on an upstream packet's tagged policy" [0053] "[---] The VPN Classifier's classification rules provide a means for estimating traffic of the types" page 6 Table 1 - Voice, video, download etc.).
Regarding claim 12, Dillon teaches wherein the two or more SD-WAN devices comprise at least one of an SD-WAN router or an SD-WAN gateway(See, fig.1) .
Regarding claim 13, Dillon teaches wherein the outgoing SD-WAN packet traffic is between a remote local area network (LAN) host communicatively connected with the SD-WAN router and at least one of a private network host communicatively connected with the SD-WAN Gateway or a public Internet host communicatively connected with the SD-WAN Gateway over the Internet[0027],[0028] "[...] The SD-WAN Router 110 includes a LAN interface 210 that allows it to exchange packets with multiple LAN host devices).
Regarding claim 14, Dillon teaches wherein the two or more of a plurality of WAN transports between the two or more SD-WAN devices comprises at least a first WAN transport over a satellite network communicatively connected with the Internet and a second WAN transport over a wireless cellular network communicatively connected with the Internet([0028].. The satellite WAN interface 222 sends and receives packets via a satellite modem 126 on the satellite tunnel 128 over the satellite access network 130 (FIG. 1) and onto the public internet 138. The wireless tunnel end-point 226 encapsulates upstream packets in another packet, a satellite tunnel packet, and de-encapsulates received satellite tunnel packets. The wireless WAN interface 228 sends and receives packets via the wireless modem 132 on the wireless tunnel 134 over the wireless access network 136 (FIG. 1)).
Regarding claim 15, Dillon teaches wherein the satellite network comprises a high throughput satellite (HTS) network and the wireless cellular network comprises a long term evolution (LTE) cellular telephone network([0002] High-Thruput-Satellite or HTS, and cellular telephony services (here-in-after referred to as LTE) differ from wired broadband Internet access).
Regarding claim 17, Dillon teaches wherein the first WAN connection comprises a satellite network and the second WAN connection comprises a wireless cellular network([0028].. The satellite WAN interface 222 sends and receives packets via a satellite modem 126 on the satellite tunnel 128 over the satellite access network 130 (FIG. 1) and onto the public internet 138. The wireless tunnel end-point 226 encapsulates upstream packets in another packet, a satellite tunnel packet, and de-encapsulates received satellite tunnel packets. The wireless WAN interface 228 sends and receives packets via the wireless modem 132 on the wireless tunnel 134 over the wireless access network 136 (FIG. 1)).
Regarding claim 18, Dillon teaches wherein the one or more processors are to determine an application group of the plurality of packets by: determining whether the SD-WAN communication connection of the plurality of packets is interactive or for bulk transfer([0026] Discloses a single satellite Internet connection at a lower-cost with higher bulk-transfer thruput than possible with a single wireless Internet connection).
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.
Claim(s) 3,9-10,19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dillon in view of Cai to (US11252084 B1)
Regarding claims 3,9,19, Dillon does not explicitly teach wherein the one or more processors are to determine the operational status of the directional SD-WAN transport/streams in the determined direction by: assigning an operational status of CLEAN, BROWNOUT, or BLACKOUT to each of the directional SD-WAN transport/streams in the determined direction
However, Cai teaches determine the operational status of the directional SD-WAN transport/streams in the determined direction by: assigning an operational status of CLEAN, BROWNOUT, or BLACKOUT to each of the directional SD-WAN transport/streams in the determined direction (col.8, lines 5-35 discloses the network device (e.g., firewall or another virtual or physical network device that implements the disclosed virtual SD-WAN interface) chooses from the links (e.g., path selection) for session load sharing and/or to provide failover protection, such as in the event of a brownout or blackout. Thus, the application is thereby provided with the interface that provides the best quality performance based on the application policy)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Dillon include determine the operational status of the directional SD-WAN transport/streams in the determined direction by: assigning an operational status of CLEAN, BROWNOUT, or BLACKOUT to each of the directional SD-WAN transport/streams in the determined direction, as suggested by Cai. This modification would benefit the system to provide the best quality performance based on the application policy.
Regarding claim 10, the combination of Dillon and Cai teaches wherein selecting, by the one or more processors, a directional SD-WAN transport/stream from among the plurality of active directional SD-WAN transport/streams to transmit outgoing SD-WAN packet traffic between the two or more SD-WAN devices, based on the calculated operational status of the selected active directional SD-WAN transport/stream comprises: (Dillon,[0034] discloses calculates traffic statistics of the VPN flow in the specified time period (step 820). Next, the system applies classification rules to the traffic statistics (step 830). The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)) when one or more directional SD-WAN transport/streams are assigned an operational status of CLEAN, selecting one of the one or more CLEAN directional SD-WAN transport/streams to transmit the outgoing SD-WAN packet traffic according to application group preference(Cai, col.8, lines 5-35 discloses the network device (e.g., firewall or another virtual or physical network device that implements the disclosed virtual SD-WAN interface) chooses from the links (e.g., path selection) for session load sharing and/or to provide failover protection, such as in the event of a brownout or blackout. Thus, the application is thereby provided with the interface that provides the best quality performance based on the application policy).
Regarding claim 20, the combination of Dillon and Cai teaches wherein the one or more processors are to select the directional SD-WAN transport/stream to transmit the plurality of packets in the determined direction based on its determined operational status by: (,Dillon [0034] discloses calculates traffic statistics of the VPN flow in the specified time period (step 820). Next, the system applies classification rules to the traffic statistics (step 830). The system then determines a SD-WAN selection policy based on matched classification rules with the highest score (step 840) and then assigns VPN flow to a WAN interface based on the VPN policy (step 850)) when one or more directional SD-WAN transport/streams are assigned an operational status of CLEAN, selecting one of the one or more CLEAN directional SD-WAN transport/streams according to application group preference(Cai, col.8, lines 5-35 discloses the network device (e.g., firewall or another virtual or physical network device that implements the disclosed virtual SD-WAN interface) chooses from the links (e.g., path selection) for session load sharing and/or to provide failover protection, such as in the event of a brownout or blackout. Thus, the application is thereby provided with the interface that provides the best quality performance based on the application policy).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
US 20230188461 A1 : discloses a method includes receiving, by a first node of a node cluster in a software-defined wide area network (SD-WAN), traffic from a wide area network (WAN), assigning, by the first node of the node cluster, flow ownership of the traffic to the first node, and communicating, by the first node of the node cluster, the traffic to a local area network (LAN).
US 20230028872 A1: discloses a method of selecting a set of links to forward the packets of the data flow of the application to an egress managed forwarding element of the SD-WAN.
US 20190319872 A1: discloses application performance based path selection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
Prosecution Insights