DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to claim amendments and remarks filed by Applicant’s representative on May 26, 2026. Claims 1-20 are pending, no claims have been canceled, and no new claims have been added.
Claim Objections
Claim(s) 4, 6-10, 16, 18-20 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Amendments and Remarks
Applicant’s latest filed claim amendments and corresponding remarks dated May 26, 2026 have been received and fully considered. Applicant’s remarks and/or comments are generally directed to the current claim amendment(s), and accordingly deemed moot in light of the new grounds of rejection provided with this action.
With regards to Applicant’s latest amendments and remarks, Applicant firstly notes and remarks that the independent claim(s), and particularly independent claim 1, has been further amended to now expressly recite:
“A data transmission method, performed by a computer device, comprising:
obtaining an allocation request of a client for a media access machine;
receiving first-level load information pushed by a first-level load management server;
in response to the allocation request, determining, at a scheduling server, from a plurality of media access service areas and according to the first-level load information of each of the media access service areas, a target media access service area to which the client is to be connected, the plurality of media access service areas being associated with division according to a plurality of geographical regions, wherein the first-level load information is obtained by the first-level load management server based on second-level load information corresponding to each media access service area, and the second-level load information is pushed by a second- level load management server located in a corresponding media access service area to the first- level load management server;
determining, at the scheduling server, from a plurality of media access machines corresponding to the target media access service area and according to second-level load information of the target media access service area, a target media access machine to which the client is to be connected; and
allocating the target media access machine to the client for media data transmission between the client and the target media access machine”.
With respect to the above, Applicant notes and remarks that none of the prior art reference(s) applied in rejecting independent claim 1 [Wei et al], either individually or in combination with other prior art, expressly and properly discloses or suggests the above amended claim feature(s) or limitation(s) of receiving first-level load information pushed by a first-level load management server; and
in response to the allocation request, determining, at a scheduling server, from a plurality of media access service areas and according to the first-level load information of each of the media access service areas, a target media access service area to which the client is to be connected, the plurality of media access service areas being associated with division according to a plurality of geographical regions, wherein the first-level load information is obtained by the first-level load management server based on second-level load information corresponding to each media access service area, and the second-level load information is pushed by a second- level load management server located in a corresponding media access service area to the first- level load management server -- as currently recited by amended independent claim 1 above (and similarly by independent claims 11, 12 and 13).
In particular, and in support of his position, Applicant notes or remarks that the architecture of the claimed invention and that of Wei are different or distinct from each other. In this regard, Applicant points out that the Load dispatching server 61 of Wei performs both load management and scheduling function, but does not disclose wherein the load dispatching server 61 is separate / distinct from the ‘scheduling server’, and are actually one and the same entity [Applicant Remarks: par 2, pg. 17 – par 2 pg. 18 ].
Applicant additionally notes or remarks that Wei also does not teach or disclose the above amended features of amended independent claim 1, because neither the load dispatching server nor the network node servers of Wei perform each and every function of Applicant’s scheduling server, first-level load management server, second-level load management server, or media access machines, and Wei is silent on media access service areas associated with division according to ‘geographical’ regions.
Applicant lastly remarks that none of the noted deficiencies of Wei are cured or resolved by Anerousis. Accordingly, Applicant remarks that the independent claims are distinguishable from the applied prior art and/or prior art combination(s) used to reject the claims, and that the respective dependent claims are also distinguishable by virtue of their dependency on their respective parent independent claims [Applicant Remarks: par 3, pg. 18 – par 4, pg. 19].
However, the Office asserts that the noted feature(s) of the amended independent claims are now expressly and clearly taught or disclosed in further view of teachings and/or disclosures by at least Ma et al, as discussed / cited below in a new ground of rejection with this action.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
Claim(s) 1, 11, 12, 13 is/are rejected under 35 U.S.C. 103 as being disclosed by Wei et al (hereinafter Wei), Foreign Patent PUB CN 105959354 A (publication date September 2016) in view of Ma et al (hereinafter Ma), Foreign Patent Publication CN 102624565 B (publication date November 2013).
As per claim{s} 1, 11, 12, 13, Wei discloses substantial features of the claimed invention, such as a data transmission method, performed by a computer device, comprising:
obtaining an allocation request of a client for a media access machine (Wei: e.g., the received ‘streaming media service request’ of a user terminal…’) [pg. 6, par 4];
in response to the allocation request, determining, from a plurality of media access service areas (Wei: e.g., ‘plurality of Network Node Servers’_51) [pg. 13, par 10 – pg. 14, par 1; Fig. 7] and according to first-level load information of each of the media access service areas (Wei: e.g., expressly discloses in one aspect wherein the Load Dispatching Server makes / generates an ‘available processing resource indication request’ to the Network node Server{s} {i.e., Network Node Server{s}_51}, and each of the Network Node Server{s} comprises an ‘available resource indication generating module’ for determining the ‘available processing resource’ {first-level load information} of each of the ‘Devices’ {i.e. associated with / comprising the respective Network Node Server, which is then ‘reported’ back to the ‘Scheduling Server’ according to a ‘pre-set reporting period’) [pg. 4, par 5-9] [pg. 6, par 3-4; Fig, 7] [pg. 11, par 4] (e.g., …further, the Network Node Server further comprises an ‘Available resource indication reporting module’ 4400, used for according to the preset reporting period generating ‘its own available processing resource indication’, for ‘reporting’ ) [pg. 13, par 8-9; Fig. 6], a target media access service area to which the client is to be connected (Wei: e.g., expressly discloses wherein a ‘Load Dispatching Server’ {i.e., load dispatching server_61} identifies / determines the ‘nearest’ Network Node Server and/or Network Node Server with the ‘lightest load’ from among the ‘plurality of Network node servers’ {i.e., Network Node Servers_51} as the ‘determined {selected} second network node server’ capable of providing / servicing the ‘streaming media request’) [ pg. 9, par 2-3] [Fig. 7] (e.g., determining the ‘Network Node Server’ for providing the stream media service according to the stream media service request) [pg. 3, par 5] (e.g., {step S1200} determining a corresponding ‘second network node server’ capable of providing streaming media service request) [pg. 9, par 3-4; Fig. 1]
determining, from a plurality of media access machines corresponding to the target media access service area (Wei: e.g., ‘plurality of devices’ from {corresponding to / comprising} said ‘Network Node’ {server} and available for selection in processing / servicing the ‘streaming media service request’) [pg. 3, par 8-9; Fig. 7] [pg.14, par 1; Fig. 7] and according to second-level load information of the target media access service area (Wei: e.g., Further, the Network Node Server further comprises an ‘Available Resource Indication Generating Module’_4300, according to the available processing resource indication request generated by the Load dispatching server corresponding to the ‘available processing resource indication’ comprises each ‘device’ corresponding to the Network Node Server includes ‘available processing resource indication’ {second-level information} …or further, the Network Node Server further comprises an Available resource indication reporting module 4400, used for according to the preset reporting period, generating its own available processing resource indication, for ‘reporting’ ) [pg. 13, par 8-9; Fig. 6] (e.g., ‘available processing resources’ of each of the plurality of ‘devices’ of the ‘second network node server’, as determined and ‘reported’ to the Network Node Server_51) [pg. 14, par 2; Fig. 7], a target media access machine to which the client is to be connected (Wei: e.g., step S1310, the load dispatching server asking the server to the second network node a second network node server ‘available processing resource indication’, the ‘available processing resource indication’ comprises each ‘device’ {of the network node} server comprises the ‘second network node available processing resource indication’; and at step S1320, said Load Dispatch Server according to said second network node server for obtaining the ‘available processing resource indication’, ‘selecting’ the ‘most available processing resource apparatus’ as ‘processing service Device’ of said streaming media service request.) [pg. 10, par 4-6; Fig. 2] [pg. 14. Par 2; Fig. 7]; and
allocating the target media access machine to the client for media data transmission between the client and the target media access machine (Wei: e.g., receiving {by the Scheduling Server} the ‘stream media service response’ sent by the Load Dispatching Server, the stream media response comprises processing the streaming media service request to the ‘service processing device’ address information, and sending to the User Terminal. so that the user terminal can “pass” { be allocated to / access} the ‘service processing Device’ that obtains request of stream media service, said service processing device is {from} a plurality of devices from the determined by the load dispatching server network node for providing stream media service server included in ‘selecting’ the most available processing resources of the Device ) [pg. 4, par 7] (e.g., after the step S1300, entering the step S1400, the Load Dispatching Server streaming media service Request ‘response’ is generated and sent to the ‘first network node server’, said streaming media service request ‘response’ includes the ‘address information’ of the ‘service processing Apparatus’…in step S1500 that the stream media server sends the received ‘service response’ to the first network node and is transmitted to the User Terminal such that the user terminal can “pass” {be allocated to} the ‘service processing Device’ {Apparatus} selected for servicing the request for the stream media service) [pg. 11, par 5-6; Fig. 1].
Wei discloses substantial features of the claimed invention as above, but does not expressly disclose the additional recited feature(s) of the method further comprising the first-level information or second-level information including ‘receiving first-level load information pushed by a first-level load management server; and in response to the allocation request, determining, at a scheduling server, from a plurality of media access service areas and according to the first-level load information of each of the media access service areas, a target media access service area to which the client is to be connected, the plurality of media access service areas being associated with division according to a plurality of geographical regions, wherein the first-level load information is obtained by the first-level load management server based on second-level load information corresponding to each media access service area, and the second-level load information is pushed by a second- level load management server located in a corresponding media access service area to the first- level load management server.
However, in a related endeavor, Ma particularly discloses the additional recited feature(s) of the method further comprising the first-level information or second-level information including ‘receiving first-level load information pushed by a first-level load management server (Ma: e.g., Content Manager Server [CMS]_101 receives ‘load characteristic information’ of different Edge Server Group{s}_201 pushed by respective Relay Scheduling Server{s} [RSS]_202 associated with the corresponding Edge Server Group / Cluster_201, which is further comprising one or more Edge Server{s}_203) {media access servers} [0011-0025; Figs. 1 & 2]; and in response to the allocation request, determining, at a scheduling server, from a plurality of media access service areas and according to the first-level load information of each of the media access service areas, a target media access service area to which the client is to be connected, the plurality of media access service areas being associated with division according to a plurality of geographical regions (Ma: e.g., generally, in an application layer multicast system, the plurality of Edger Server group{s} are arranged / distributed to different ‘geographic locations’ to facilitate user access and for obtaining ‘stream media’ resources, and have ‘different load characteristics’. Group Dispatching Server_102 is allocated to the streaming media resource of each Edge Server Group / Cluster_201 and determined according the ‘load characteristic’ of each Server Group 201 – namely the ‘stream media scheduling’ is implemented so that the whole of the Edge Server Group / Cluster_201 is ‘load balanced’) [0015, 0024; Figs. 1 & 2], wherein the first-level load information is obtained by the first-level load management server based on second-level load information corresponding to each media access service area, and the second-level load information is pushed by a second- level load management server located in a corresponding media access service area to the first- level load management server’ (Ma: e.g., .’load characteristics of each Edge Server_203 {2nd-level load information} is provided to / obtained by RSS_202 for data synchronization and load balancing processing, and further provided {pushed} to CMS_101 [0017; Figs. 1 & 2].
It would thus be obvious to one of ordinary skill in the art before the effective date of the invention to modify and/or combine Wei’s invention with the above said additional feature, as expressly disclosed by Ma, for the motivation of providing methods and systems for processing a single-point failure in an application layer multicast system, wherein the application layer multicast system is ensured to be applied in bearing high-definition, real-time and large-scale video broadcast services, while also ensuring the service interruption caused by a single-point failure of equipment in a system group or cluster is avoided, reducing delays and improving service quality [Ma: Abstract, 0003-0011; Figs.1-3].
Claim(s) 11, 13 recite(s) substantially the same limitations / features as claim 1, are distinguishable only by its /their statutory category (non-transitory CRSM, device) and accordingly rejected on the same basis.
Claim(s) 12 recite(s) substantially the same limitations / features as claim 1, except for the additional recited feature of a ‘system’ comprising a ‘client’ (Wei: e.g., User Terminal) [pg. 4, par 6; Fig. 7], a ‘scheduling server’ (Wei: e.g., Scheduling Server) [pg. 4, par 5], a ‘first -level load management server’ (Wei: e.g., Load Dispatch Server_61) [pg. 13, par 10 – pg. 14, par 1-2; Figs. 5 & 7], and a ‘second-level load management server’ (Wei: e.g., Network Node Server{s}_11) [pg. 13, par 10 & pg. 14, par 3-4; Figs. 5 & 7] -- which is nonetheless also expressly disclosed by Wei (above). The claim is also distinguishable by its statutory category (system), and accordingly rejected on the same basis.
Claim(s) 2, 3, 5, 14, 15, 17 is/are rejected under 35 U.S.C. 103 as being disclosed by Wei in view of Ma and in further view of Anerousis et al (hereinafter Anerousis), US Patent Publication 20040210670 A1 (publication date May 2020).
As per claim{s} 2, 14, Wei in view of Ma discloses substantial features of the claimed invention, including the recited feature(s) of wherein the ‘first-level information’ or ‘second-level information’ includes a number of connected streaming media served by each / corresponding media access service area’ (Wei: e.g., ‘connection number’ of streaming media service) [pg. 10 par 2-3; Fig. 1] --- but does not expressly disclose the additional recited feature(s) of the method further comprising the first-level information or second-level information including ‘number of connected objects and a media access resource corresponding to each / corresponding media access service area.
However, in a related endeavor, Anerousis particularly discloses the additional recited feature(s) of the method further comprising the first-level information or second-level information includes ‘a number of connected objects’ (Anerousis: e.g., For example, one host server may host a web service for ‘three virtual host clients’, a multimedia streaming service for ‘a number of audio distribution clients’, etc) [0044] and a media access resource corresponding to each / corresponding media access service area (Anerousis: e.g., Moreover, multiple server sites are needed for redundancy, to maintain high availability and failure resiliency (i.e., restoration). Current web browsers (i.e., applications) retrieve data by resolving the "name of host"--part of the Universal Resource Locator (URL) using a DNS lookup, and then connecting to the host server(s) address returned by that DNS request to retrieve the data [0010] (e.g., server farm / cluster ‘access bandwidth’) [0082].
It would thus be obvious to one of ordinary skill in the art before the effective date of the invention to modify the combination with the above said additional feature, as expressly disclosed by Anerousis, for the motivation of providing methods and systems that enable a network and components of the network to be aware of the services existing at the edges of the network and to route connection requests for these services to appropriate servers within the network based on a variety of criteria {i.e., service load and reliability} [Anerousis: Abstract, 0003, 0016-0020; Figs.1-4].
As per claim{s} 3, 15, Wei in view of Ma in view of Anerousis, and Anerousis in particular, discloses the method further comprising receiving first-level streaming media information pushed by the first-level load management server (Anerousis: e.g., According to a first exemplary embodiment of the invention, a single level of selection is performed. This exemplary embodiment performs selection among a plurality of servers located at a single host site using a site-specific Service Level Router (SLR). The service request is routed to the server that is most appropriate to handle the request. A determination of which server is most appropriate may be based on a configurable routing policy based on a load, cost, or proximity metric or some other arbitrary criteria ) [0018; Fig. 1], the first-level streaming media information being queried by the first-level load management server from a first-level streaming media management server (Anerousis: e.g., ‘querying for a virtual host’) [0015] (e.g., an SLR cluster that receives a packet of an ongoing flow and broadcasts a limited scope "WHOHAS" query to neighboring SLR clusters to retrieve the state of that connection. Once the missing state has been found, the connection can be tunneled to the original server) [0121] (e.g., via ‘Query and Response Engine {QRE}’_115) [0132; Fig. 11].
The motivation for the prior art combination is similar to that given for claim 2 above.
As per claim{s} 5, 17, Wei in view of Ma in view of Anerousis,, and Anerousis in particular, discloses the method wherein the allocation request further carries a streaming media identifier for identifying a target streaming medium (Anerousis: e.g., Current web browsers (i.e., applications) retrieve ‘data’ {requested media} by resolving the "name of host"--part of the Universal Resource Locator (URL) {media identifier} using a DNS lookup, and then connecting to the host server(s) address returned by that DNS request to retrieve the data ) [0010] (e.g., ‘service-level addresses’ {URLs}) [0058]; the method further comprising determining that the client is connected to the target streaming media in response to that the target media access machine verifies, according to the streaming media identifier, that the target media access machine, a second-level streaming media management server in the target media access service area, and a first-level streaming media management server corresponding to the second-level streaming media management server are all connected to the target streaming media, the target media access machine being in the target media access service area (Anerousis: e.g., expressly discloses / illustrates in at least one aspect a ‘two-level’ Service and Load Reliability embodiment wherein selection among a plurality of servers at a single host site using a site-specific SLR and performs selection among a plurality of physical host sites (e.g., a server fame containing a plurality of servers) using a system-specific SLR. The service request is ‘routed’ to the host site that is most appropriate to handle the request. A determination of which host site is most appropriate may be based on a configurable routing policy based on a load, cost, or proximity metric or some other arbitrary criteria. And as illustrated, a ‘particular / selected Host Server’_330 in the Site-Specific SLR Cluster_320 {comprising an Application Server}, a System-Specific SLR Cluster_310 {comprising an Application Server} and a Client / User Terminal_230 are all communicatively ‘connected’ {i.e., via path / links ‘A3 [Wingdings font/0xE0] B3 [Wingdings font/0xE0] C3 [Wingdings font/0xE0] D3 [Wingdings font/0xE0] E3’ ) [0019; 0051- 0057; Fig. 3] (e.g., also expressly and significantly discloses that the site-specific SLR cluster 220 directs the ‘network service request’ to a ‘particular hosting server 250’ within the physical host site 210 hosting the network service. The hosting server 250 than ‘responds’ to the service request by, for example, providing the requested service to the Client or Client' customer at Terminal 220…However, the Hosting server 250 is not bound to respond to the service request ‘on the same transmission path’ traveled by the service request. Therefore, the response may be transmitted on a ‘different path’ through various routers 260 in the TD 200 for any number of reasons including, ‘path load’, transmission cost, ‘reliability’, ‘available bandwidth’, etc. {thus, the Office notes that the Hosting server ‘verifies’ or identifies a ‘connection’ / transmission path for sending the service ‘response’, i.e., in the ‘reverse’ order, that ‘connects’ all of the SLR network ‘entities’ [i.e., Host Server 330, Site-Specific SLR Cluster_320 {comprising an Application Server}, System-Specific SLR Cluster_310 {comprising an Application Server} and a Client / User Terminal_230] -- or selects another / ‘different path’}) [0049-0050; Fig. 3].
The motivation for the prior art combination is similar to that given for claim 2 above.
Conclusion
Applicant’s amendment(s) necessitated the new ground(s) of rejection presented in this Office Action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP 706.06(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 extension fee 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 GLENFORD J MADAMBA whose telephone number is (571)272-7989. The examiner can normally be reached on Mondays to Fridays, 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Parry can be reached on 571-272-8328. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/GLENFORD J MADAMBA/Primary Examiner, Art Unit 2451
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