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 .
1. This case is in response to the amendment filed on December 17, 2025. Claims 1-2, 5-7, 9-10, 12-13, 15-18 and 20-26 are pending. Claims 1-2, 5-7, 9-10, 12-13, 15-18 and 20-26 represent COMMUNICATION METHOD AND APPARATUS.
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.
2. Claims 1-2, 5-7, 9-10, 12-13, 15-18 and 20-26 are rejected under 35 U.S.C. 103 as being unpatentable over Dao et al. (US 2017/0317894 A1), hereinafter in view of Ai et al. 20110141964.
Dao teaches the invention substantially including method and apparatus for communication network quality of service capability exposure (see abstract).
Regarding claim 1, Dao teaches a communication method, applied to an application function network element (e.g., application function element 144 Dao 1 0091), the method comprising:
obtaining first information, wherein the first information indicates a type of a data packet in a service stream (AF 144 monitors and measures (e.g., receives measurements) of QoS levels across a plurality of network interfaces Dao 1 0094; QoS information includes service type (e.g., video) and service information Dao " 0075-0076); and
sending second information, wherein the second information is determined based on the first information (144 provides QoS information (effectively, policies) and labels to application server based upon the measured levels Dao " 0095, 0093-0094), the second information indicates to add identification information to the data packet in the service stream (application server is configured to attach QoS labels to packet headers Dao " 0095), and the identification information indicates the type of the data packet in the service stream (QoS labels indicate service/type identifying information Dao 1 0123); wherein,
the type of the data packet in the service stream comprises one or more of the following: a foreground stream or a background stream:
the type of the data packet in the service stream comprises one or more of the following:
an intra-coded frame (I frame), a predicted frame (P frame), or a bi-directional predicted frame (B frame) (AF 144 monitors and measures (e.g., receives measurements) of QoS/QoE levels across a plurality of network interfaces Dao 1 0094; wherein QoE metrics are comprised of different traffic types, specifically including video coding stream Dao 1 0078-0079); or
the type of the data packet in the service stream comprises one or more of the following: an enhancement layer or a base layer.
Dao teaches substantial feature of the claimed invention but fails to explicitly teach sending a second information to a source end device.
However, Ai teaches method and apparatus for recovery processing of synchronously transmitted service data. Ai teaches sending a second information to a source end device (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Dao to include the teaching of “receiving second information returned by the second network element” of Ai with the motivation being to allow a method for recovering the synchronization among transmitted service (abstract).
Regarding claim 2, Dao teaches the communication method according to claim 1, wherein the second information comprises the identification information (144 provides QoS information (effectively, policies) and labels to application server Dao 1 0095; QoS labels indicate service/type identifying information Dao 1 0123).
Regarding claim 5, Dao teaches the communication method according to claim 1, wherein the sending the second information comprises one or more of the following: sending the second information to an application server (Dao 1 0095); or sending the second information to a terminal device.
Regarding claim 6, Dao teaches the communication method, applied to a first device, wherein
the method comprising:
receiving second information from an application function network element, wherein the second information is determined based on first information, the first information indicates a type of a data packet in a service stream (144 provides QoS information (effectively, policies) and labels to application server based upon the measured levels Dao " 0095, 0093-0094), the second information
indicates to add identification information to the data packet in the service stream (application server is configured to attach QoS labels to packet headers Dao 7 0095), and the identification information indicates the type of the data packet in the service stream (QoS labels indicate service/type identifying information Dao 7 0123); and adding the identification information to the data packet in the service stream (Dao 1 0095-0096).
Dao teaches substantial feature of the claimed invention but fails to explicitly teach sending a second information to a source end device.
However, Ai teaches method and apparatus for recovery processing of synchronously transmitted service data. Ai teaches sending a second information to a source end device (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Dao to include the teaching of “receiving second information returned by the second network element” of Ai with the motivation being to allow a method for recovering the synchronization among transmitted service (abstract).
Regarding claim 7 Dao teaches the communication method according to claim 6, wherein the second information comprises the identification information (QoS labels indicate service/type identifying information Dao 1 0123).
Regarding claim 9, Dao teaches the communication method according to claim 6, wherein the first device comprises a terminal device; and the method further comprises: sending network requirement information to the application function network element, wherein the network requirement information is used to determine a network transmission capability required by a data packet of a first type in the service stream (Dao 1 0091-0096), and the network transmission capability comprises one or more of the following: a transmission bandwidth or a transmission delay (Dao 1 0066, 0150-0152).
Regarding claim 10, Dao teaches a communication apparatus, comprising:
a processor, wherein the processor is operatively coupled with a memory (Dao 1 0095); and
the processor is configured to execute a computer program stored in the memory (Dao 1 0208-0209) such that the communication apparatus is at least configured to:
obtain first information, wherein the first information indicates a type of a data packet in a service stream (AF 144 monitors and measures (e.g., receives measurements) of QoS levels across a plurality of network interfaces Dao 1 0094; QoS information includes service type (e.g., video) and service information Dao 1 0075-0076); and
send second information, wherein the second information is determined based on the first information (144 provides QoS information (effectively, policies) and labels to application server based upon the measured levels Dao 7 0095, 0093-0094), the second information indicates to add identification information to the data packet in the service stream (application server is configured to attach QoS labels to packet headers Dao 1 0095), and the identification information indicates the type of the data packet in the service stream (QoS labels indicate service/type identifying information Dao " 0123).
Dao teaches substantial feature of the claimed invention but fails to explicitly teach sending a second information to a source end device.
However, Ai teaches method and apparatus for recovery processing of synchronously transmitted service data. Ai teaches sending a second information to a source end device (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Dao to include the teaching of “receiving second information returned by the second network element” of Ai with the motivation being to allow a method for recovering the synchronization among transmitted service (abstract).
Regarding claim 12, Dao teaches the communication apparatus of claim 10, wherein the identification information further indicates a location in the data packet at which an identifier of the identification information is to be added (indicating of modified QoS bits in a packet Dao " 0136).
Regarding claim 13, Dao teaches the communication apparatus of claim 10, wherein: the type of the data packet in the service stream is a foreground stream (unselected optional claim language, rendering the proceeding subject matter unrequired); and
the location in the data packet at which an identifier of the foreground stream is to be added is in an IP header field, a user datagram protocol (UDP) header field, or a transmission control protocol (TCP) header field.
Regarding claim 15, Dao teaches the communication apparatus of claim 10, wherein, the second information includes a carrying location of the identification information (paragraph 121); and
the carrying location of the identification information is a header field in a protocol layer, wherein the protocol layer is an internet protocol version 4 (IPv4), an internet protocol version 6 (IPv6), a transmission control protocol (TCP), or a user datagram protocol (UDP) (Dao 1 0108).
Regarding claim 16, Dao teaches the communication apparatus of claim 10, wherein the second information indicates to add the identification information to different types of data in the service stream, so that the different types of data can be identified and different network transmission policies for the different types of data can be provided, thereby providing differentiated data transmission services for the different types of data in the service stream (application server is configured to attach QoS labels to packet headers Dao 1 0095; the QoS label identifies the network traffic type of the respective packet, of different QoS traffic types Dao 7 0133, 0139).
Regarding claim 17, Dao teaches the communication method according to claim 1, wherein the second information indicates to add the identification information to different types of data in the service stream, so that the different types of data can be identified and different network transmission policies for the different types of data can be provided, thereby providing differentiated data transmission services for the different types of data in the service stream (application server is configured to attach QoS labels to packet headers Dao 1 0095; the QoS label identifies the network traffic type of the respective packet Dao 1 0133).
Regarding claim 18, Dao teaches the communication method according to claim 6, wherein the second information indicates to add the identification information to different types of data in the service stream, so that the different types of data can be identified and different network transmission policies for the different types of data can be provided, thereby providing differentiated data transmission services for the different types of data in the service stream (application server is configured to attach QoS labels to packet headers Dao 7 0095; the QoS label identifies the network traffic type of the respective packet Dao 1 0133, 0139).
As to claim 20, Dao and Ai teach the communication method according to claim 1, wherein the type of the data packet in the service stream comprises one or more of the following:
a foreground stream or a background stream (paragraph 76).
As to claim 21, Dao and Ai teach the communication method according to claim 6, wherein the type of the data packet in the service stream comprises one or more of the following:
a foreground stream or a background stream (paragraph 76).
As to claim 22, Dao and Ai teach the communication apparatus according to claim 10, wherein the type of the data packet in the service stream comprises one or more of the following:
a foreground stream or a background stream (paragraph 76).
As to claim 23, Dao and Ai teach the communication method according to claim 1, wherein the type of the data packet in the service stream comprises one or more of the following:
an enhancement layer or a base layer (paragraph 51).
As to claim 24, Dao and Ai teach the communication method according to claim 6, wherein the type of the data packet in the service stream comprises one or more of the following:
an enhancement layer or a base layer (paragraph 51).
As to claim 25, Dao and Ai teach the communication apparatus according to claim 10, wherein the type of the data packet in the service stream comprises one or more of the following:
an enhancement layer or a base layer (paragraph 51).
As to claim 26, Dao and Ai teach the communication method according to claim 1, wherein
the type of the data packet in the service stream comprises one or more of the following:
an intra-coded frame (I frame), a predicted frame (P frame), or a bi-directional predicted frame (B frame) (AF 144 monitors and measures (e.g., receives measurements) of QoS/QoE levels across a plurality of network interfaces Dao 1 0094; wherein QoE metrics are comprised of different traffic types, specifically including video coding stream Dao 1 0078-0079).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EL HADJI SALL whose telephone number is (571)272-4010. The examiner can normally be reached Monday-Friday 8:00-8:30 (flexible).
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, Ario Etienne can be reached at 5712724001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EL HADJI M SALL/ Primary Examiner, Art Unit 2457
Prosecution Insights