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 § 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 and 2 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.
Claim 1 recites the limitation "the time estimator" in line 12. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al (US 2019/0341999, hereinafter Cooper), in view of Awad et al (US 2024/0196397, hereinafter Awad), in view of Ryan et al (US 2020/0387797, hereinafter Ryan) and in view of Zhao et al (US 2007/0206639, hereinafter Zhao).
Regarding claim 1, Cooper discloses a control device (gateway, Fig. 2) comprising: processor (processor, Fig. 3) and storage medium with computer program instructions (computer readable medium, Para [0106]) configured to generate a control signal of a signal transfer device so that the signal transfer device transfers a packet that has arrived at the signal transfer device in the estimated time in accordance with the identifier of the priority (determine level of congestion is above a threshold and take one or more mitigation actions, Para [0042], giving instructions to one or more modules of the distributed modules, Para [0065], actions such as transmitting high priority communications before low priority transmissions, Para [0066]); but does not disclose determine whether a packet to which an identifier of a priority is assigned is transmitted in conformity with a grant-free scheme. Awad discloses determining whether data was transmitted using grant-free or grant-based communication resources, Para [0118] and URLLC communications, Para [0004] and Cooper discloses high priority communications, Para [0066], which means packets are identifiable by priority. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awad in the system of Cooper in order to mitigate risk of missed transmission and further provide coverage enhancement modes for MTC devices; and does not disclose estimate a time in which a traffic volume of the packet is equal to or more than a threshold. Ryan discloses predicting congestion events, when traffic volume exceeds a threshold for extended length of time, Para [0079]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Ryan in the system of Cooper in view of Awad in order to better detect patterns in congestion and to take proactive actions; and does not disclose the time estimator adds a margin time length to an estimated time length. Zhao discloses adding a little extra time to the estimated duration, Para [0051], obvious to add a margin time to an estimated time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Cooper in view of Awad and Ryan in order to further improve time estimation by providing a buffer against unforeseen delays, risks and estimation inaccuracies.
Regarding claim 2, Cooper discloses the control device according to claim 1, but not explicitly wherein the computer program determines whether the repeated transmission of the packet is performed, and estimates a time in which the plurality of packets arrive at the signal transfer device a predetermined number of times at predetermined time intervals when it is determined that the repeated transmission of the packets is performed. Awad discloses data can be sent using repetitions, Para [0082], where a receiving device would be aware it is receiving multiple repetitions of a packet or not and Ryan discloses pattern detection analysis for predicting start of congestion in the future, Para [0080], with machine learning, Para [0007], obvious variation to one of ordinary skill to predict packet arrival time of repetitions.
Regarding claim 3, Cooper discloses a communication system (system, Fig. 2) comprising: a signal transfer device configured to transfer a packet (distributed modules transmit packets, Para [0042]): and a control device (gateway, Para [0042]), wherein the control device includes: a scheme determiner, a time estimator and a transfer controller (processor, Fig. 3) generating a control signal of a signal transfer device so that the signal transfer device transfers a packet that has arrived at the signal transfer device in the estimated time in accordance with the identifier of the priority (determine level of congestion is above a threshold and take one or more mitigation actions, Para [0042], giving instructions to one or more modules of the distributed modules, Para [0065], actions such as transmitting high priority communications before low priority transmissions, Para [0066]); but does not disclose determine whether a packet to which an identifier of a priority is assigned is transmitted in conformity with a grant-free scheme. Awad discloses determining whether data was transmitted using grant-free or grant-based communication resources, Para [0118] and URLLC communications, Para [0004] and Cooper discloses high priority communications, Para [0066], which means packets are identifiable by priority. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awad in the system of Cooper in order to mitigate risk of missed transmission and further provide coverage enhancement modes for MTC devices; and does not disclose estimate a time in which a traffic volume of the packet is equal to or more than a threshold. Ryan discloses predicting congestion events, when traffic volume exceeds a threshold for extended length of time, Para [0079]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Ryan in the system of Cooper in view of Awad in order to better detect patterns in congestion and to take proactive actions; and does not disclose the time estimator adds a margin time length to an estimated time length. Zhao discloses adding a little extra time to the estimated duration, Para [0051], obvious to add a margin time to an estimated time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Cooper in view of Awad and Ryan in order to further improve time estimation by providing a buffer against unforeseen delays, risks and estimation inaccuracies.
Regarding claim 4, Cooper discloses a control method executed by a control device, the control method comprising: generating a control signal of a signal transfer device so that the signal transfer device transfers a packet that has arrived at the signal transfer device in the estimated time in accordance with the identifier of the priority. (determine level of congestion is above a threshold and take one or more mitigation actions, Para [0042], giving instructions to one or more modules of the distributed modules, Para [0065], actions such as transmitting high priority communications before low priority transmissions, Para [0066]); but does not disclose determine whether a packet to which an identifier of a priority is assigned is transmitted in conformity with a grant-free scheme. Awad discloses determining whether data was transmitted using grant-free or grant-based communication resources, Para [0118] and URLLC communications, Para [0004] and Cooper discloses high priority communications, Para [0066], which means packets are identifiable by priority. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awad in the system of Cooper in order to mitigate risk of missed transmission and further provide coverage enhancement modes for MTC devices; and does not disclose estimate a time in which a traffic volume of the packet is equal to or more than a threshold. Ryan discloses predicting congestion events, when traffic volume exceeds a threshold for extended length of time, Para [0079]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Ryan in the system of Cooper in view of Awad in order to better detect patterns in congestion and to take proactive actions; and does not disclose adding a margin time length to an estimated time length. Zhao discloses adding a little extra time to the estimated duration, Para [0051], obvious to add a margin time to an estimated time. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhao in the system of Cooper in view of Awad and Ryan in order to further improve time estimation by providing a buffer against unforeseen delays, risks and estimation inaccuracies.
Response to Arguments
Applicant's arguments filed 6/2/2026 have been fully considered but they are not persuasive. Applicant adds a new limitation to the claims and argues the references do not disclose the newly amended limitations. In response, argument is moot in view of a new reference being used in the current office action. Further adding a margin time or padding time to an estimated time length is a known in the art technique.
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 KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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