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 .
The Office Action is in response to claims filed on 5/10/2024 where claims 1-30 are pending and ready for examination.
The information disclosure statements (IDS) submitted on 5/10/2024 and 11/11/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
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.
Claim 29 is 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.
Regarding claim 29, claim 29 recites “the first frame excluding“ which lacks antecedent basis. Independent claim 23 contains no recitation of “excluding” and does not define any first frame excluding. The claim hall he interpreted and examined without any reference to “excluding” or “exclusionary” intent.
Claim Rejections - 35 USC § 102
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.
Claims 1, 12, and 30 are rejected under 35 USC 102(a)(1) as being anticipated by Lamb (US 9,432,142, Published (Aug. 30, 2016)
Regarding claim 1, Lamb discloses An apparatus for wireless communications, comprising:
a processor( see e.g. Column 17, Lines 5-14);
memory coupled with the processor (see e.g. Column 17, Lines 5-14); and
instructions stored in the memory and executable by the processor to cause the apparatus to(see e.g. Column 17, Lines 5-14):
receive, at a first device, one or more frames from a second device, the one or more frames being associated with an Ethernet-type protocol data unit session, wherein a first frame of the one or more frames excludes a virtual local area network tag; (
see e.g. Fig. 4 (Column 7, (Lines 24 – 32) _illustrating a first device receiving frames from another device (i.e. second device) via its network interface
see e.g. Column 2, Lines 60 – 63 “... The network environment 100 includes a passive optical network (PON) environment, such as an Ethernet passive optical network (EPON), a gigabit passive optical network (GPON), or generally any PON. The network environment 100 includes an optical line terminal (OLT) 102, at least one optical distribution network (ODN) 110, one or more optical network units (ONUs) 114A-D, an uplink 112 ...”
The Examiner notes EPON (Ethernet Passive Optical Network) is an Ethernet-type protocol which inherently facilitates the transmission and reception of frames. EPON is a Ethernet based network architecture that transmits Ethernet Frames using Ethernet MAC protocols. Therefore frames transmitted in EPON are inherently associated with an Ethernet type protocol data unit session.
The Examiner has interpreted this limitation as to exclude the presence of any VLAN tags. The absence of an explicit VLAN tag in the reference does not preclude satisfaction of this limitation, as the claim does not require any affirmative VLAN-related operation.
classify each frame of the one or more frames according to a plurality of traffic classes that are each associated with a respective queue, wherein the first frame is classified into a traffic class based at least in part on the first frame excluding the virtual local area network (
see e.g. Column 7, Lines 58 – 67 “... the classification module 302 queues frames into the queues 304A-H. The transmission selection modules 306A-C select frames from the queues 304A-H for transmission. The multipoint MAC control module 308 provides control functionality across the MAC modules 310A-C, such as by arbitrating transmission of frames by the MAC modules 310A-C. The MAC modules 310A-C receive frames and transmit the frames to the lower layers for transmission out the PON port and over the ODN 110. In one or more implementations, the transmitted frames may include both non-critical and express data traffic. However, the OLT 102 of FIG. 3 may be unable to rapidly pre-empt the non-critical data traffic in favor of the express data traffic”); and
transmit, from the first device, the one or more frames based at least in part on the plurality of traffic classes and ;
(see e.g. Fig. 1iilstrating ethernet frames being transmitted via an uplink path
see e.g. Column 2, Lines 60 – 63 “... uplink 112 ...”
Regarding claim 12, Lamb discloses The apparatus of claim 1, wherein the first device is associated with a network entity and the second device comprises a user equipment (UE). (Lamb; Per Fig.1 OLT device is associated with network infrastructure (i.e. network entity) comprising at lest uplink 112, ODN 110. And where CPE 116 (i.e. user equipment) realizes the second evice)
Regarding claim 30, Lamb discloses a method for wireless communications, comprising:
receiving, at a first device, one or more frames from a second device, the one or more frames being associated with an Ethernet-type protocol data unit session, wherein a first frame of the one or more frames excludes a virtual local area network tag (
see e.g. Fig. 4 (Column 7, (Lines 24 – 32) _illustrating a first device receiving frames from another device (i.e. second device) via its network interface
see e.g. Column 2, Lines 60 – 63 “... The network environment 100 includes a passive optical network (PON) environment, such as an Ethernet passive optical network (EPON), a gigabit passive optical network (GPON), or generally any PON. The network environment 100 includes an optical line terminal (OLT) 102, at least one optical distribution network (ODN) 110, one or more optical network units (ONUs) 114A-D, an uplink 112 ...”
The Examiner notes EPON (Ethernet Passive Optical Network) is an Ethernet-type protocol which inherently facilitates the transmission and reception of frames. EPON is a Ethernet based network architecture that transmits Ethernet Frames using Ethernet MAC protocols. Therefore frames transmitted in EPON are inherently associated with an Ethernet type protocol data unit session.
The Examiner has interpreted this limitation as to exclude the presence of any VLAN tags. The absence of an explicit VLAN tag in the reference does not preclude satisfaction of this limitation, as the claim does not require any affirmative VLAN-related operation.;
classifying each frame of the one or more frames according to a plurality of traffic classes that are each associated with a respective queue, wherein the first frame is classified into a traffic class based at least in part on the first frame excluding the virtual local area network tag network (
see e.g. Column 7, Lines 58 – 67 “... the classification module 302 queues frames into the queues 304A-H. The transmission selection modules 306A-C select frames from the queues 304A-H for transmission. The multipoint MAC control module 308 provides control functionality across the MAC modules 310A-C, such as by arbitrating transmission of frames by the MAC modules 310A-C. The MAC modules 310A-C receive frames and transmit the frames to the lower layers for transmission out the PON port and over the ODN 110. In one or more implementations, the transmitted frames may include both non-critical and express data traffic. However, the OLT 102 of FIG. 3 may be unable to rapidly pre-empt the non-critical data traffic in favor of the express data traffic”; and
transmitting, from the first device, the one or more frames based at least in part on the plurality of traffic classes and the respective queues (see e.g. Fig. 1iilstrating ethernet frames being transmitted via an uplink path
see e.g. Column 2, Lines 60 – 63 “... uplink 112 ...”
Claims 13 and 19-20 are rejected under 35 USC 102(a)(1) as being anticipated by Shih (US 2019/0222522), Published July 18, 2019
Regarding claim 13, Shih discloses an apparatus, comprising:
a processor (Shih; see e.g. [0083]);
memory coupled with the processor (Shih; see e.g. [0084]); and
instructions stored in the memory and executable by the processor to cause the apparatus to (Shih; see e.g. [0084]):
receive, at a first device, one or more frames from a network, the one or more frames being associated with an Ethernet-type protocol data unit session, wherein a first frame of the one or more frames excludes a virtual local area network tag (Shih; Shih teaches a technological environment comprising Fibre Channel over Ethernet (FCoE) [ Ethernet-type protocol data unit] in which frames are generated for transmission and/or reception
see e.g. [0020] "In some embodiments, the converged network is a Fibre Channel over Ethernet (FCoE). FCoE is a type of SAN that enables sending Fibre Channel frames directly over an Ethernet network. FCoE allows for a lossless transmission of storage data between host computers 115 and storage 120. In a traditional storage area network (SAN) and LAN environment, host computers may have an Ethernet adapter (e.g., network interface controller (NIC)) for data traffic and a Fibre Channel host bus adapter (HBA) for storage traffic. However, with FCoE, these two adapters, in some embodiments, are replaced by a converged network adapter (CNA) that services both protocol stacks... “
see e.g. [0039] “... VLAN ...”
The Examiner has interpreted this limitation as to exclude the presence of any VLAN tags. The absence of an explicit VLAN tag in the reference does not preclude satisfaction of this limitation, as the claim does not require any affirmative VLAN-related operation.
)
add, to the first frame, a data tag indicating priority information for the first frame based at least in part on the first frame excluding the virtual local area network tag (Shih; Shih teaches inserting QoS value into data frames, and QoS values represent transmission priority levels used to control scheduling and forwarding. Accordingly, the inserted QoS values constitute priority information as recited in the claim under the broadest reasonable interpretation.
See e.g. Abstract “... tagged with a QoS classification corresponding to QoS requirements of the application, determining a QoS value corresponding to the QoS classification of the I/O command, and transmitting a data frame including the I/O command and the QoS value to a target network adapter through a switch fabric in a network, the switch fabric having a plurality of switches each configured to forward the data frame based on the QoS value “
see e.g. [0057] “... a class-specific control (CS-CTL) QoS value from a number of CS-CTL values and setting or inserting the mapped CS-CTL value into a corresponding CTL field (e.g., CTL field in FC Header 530 as described below in FIG. 5) in the data frame (e.g., data frame 500)...:
see e.g. [0036] “... each classification is designated to identify a certain level of QoS but the naming of these classifications (e.g., high, medium, low or 1, 2, 3) or the number of classifications (e.g., high, medium-high, medium, low-medium, low, etc.) may vary. In addition, these classifications may be relative, meaning that, for example, what is considered a “high” level of QoS, which is defined and configured based on customer needs and business logic, may be different from another customer's definition of a high QoS classification.”
See e.g. [0065] In addition, each switch in the switch fabric includes a number of egress ports, each having a number of queues. In some embodiments, each queue is allocated to processing data frames of different QoS classifications. For example, each egress port within a switch may have three queues including a high priority, a medium priority, and a low priority queue. The instructions sent by QoS controller 112 configures the switches' flow tables to prioritize the processing of data frames based on their QoS classifications by using these queues. For example, the flow tables are configured to instruct the switches to place high QoS data frames in their egress ports' high priority queues, place medium priority QoS data frames in egress ports' medium priority queues, and so on.); and
forward, to a second device, the one or more frames including the first frame and the data tag (Shih; Subsequent to tagging the frame is forwarded to a second device;
see e.g. Abstract “ ...to forward the data frame based on the QoS value ..;”
Regarding claim 19, Shih discloses the apparatus of claim 13, wherein the data lag comprises a 19. virtual local area network identifier or a frame priority, or both (Shih, Per independent claim 13 the data tag is indicative of priority (i.e. QoS)).
Regarding claim 20 , Shih discloses the apparatus of claim 13, wherein the data tag comprises metadata associated with the first frame, the metadata indicating a priority of the first frame.(Shih;
see e.g. [0057] “... a class-specific control (CS-CTL) QoS value from a number of CS-CTL values and setting or inserting the mapped CS-CTL value into a corresponding CTL field (e.g., CTL field in FC Header 530 as described below in FIG. 5) in the data frame (e.g., data frame 500)...:
see e.g. [0036] “... each classification is designated to identify a certain level of QoS but the naming of these classifications (e.g., high, medium, low or 1, 2, 3) or the number of classifications (e.g., high, medium-high, medium, low-medium, low, etc.) may vary. In addition, these classifications may be relative, meaning that, for example, what is considered a “high” level of QoS, which is defined and configured based on customer needs and business logic, may be different from another customer's definition of a high QoS classification.”
See e.g. [0065] In addition, each switch in the switch fabric includes a number of egress ports, each having a number of queues. In some embodiments, each queue is allocated to processing data frames of different QoS classifications. For example, each egress port within a switch may have three queues including a high priority, a medium priority, and a low priority queue. The instructions sent by QoS controller 112 configures the switches' flow tables to prioritize the processing of data frames based on their QoS classifications by using these queues. For example, the flow tables are configured to instruct the switches to place high QoS data frames in their egress ports' high priority queues, place medium priority QoS data frames in egress ports' medium priority queues, and so on.)
Claim 23 and 27 are rejected under 35 USC 102(a)(1) as being anticipated by Boyd ( US 2012/025789)
Regarding claim 23 , Boyd discloses an apparatus, comprising:
a processor (see e.g. [0055] “... FPGA ...”) ;
memory coupled with the processor (see e.g. [0055] Memory is inherently coupled to the FGPA I order for the FPGA to perform its described functions); and
instructions stored in the memory and executable by the processor to cause the apparatus to (see e.g. [0055] Instructions stored in the memory and executable by the FPGA are necessarily present to cause the apparatus to perform the disclosed operations):
receive, at a second device, one or more frames from a first device, wherein a first frame of the one or more frames includes a data tag that indicates priority information for the first frame (Boyd teaches a VLAN switch (i.e. second device) receives frames comprising a VLAN tag i.e. data tag) from a first device (i.e. OLT);
see e.g. [0059] “In downstream communication (i.e., from CMC 304 to a GM), VLAN switch 608 receives an Ethernet frame having a VLAN tag 708 embedded therein by the OLT 302 ...”;
remove the data tag from the first frame (Boyd teaches the stripping (i.e. removing of the VLAN tag;
VLAN switch 608 strips off the VLAN tag 708 (or a portion thereof) from the Ethernet frame ...”
);
classify each frame of the one or more frames according to a plurality of traffic classes that are each associated with a respective queue, wherein the first frame is classified into a traffic class based at least in part on the priority information indicated by the data tag (Boyd; Boyd teaches the VLAN tag is for a particular frame is introspected for network traffic class metadata (i.e. priority information) such that it can be appropriately placed in a queue based on the network traffic class metadata;
see e.g. [0059] “ ... invokes queue allocator LUT 704 to retrieve (by reverse lookup) a queue number 710 based on the CM index and the CoS contained in the VLAN tag. ); and
transmit, from the second device, the one or more frames based at least in part on the plurality of traffic classes and the respective queues (Boyd; Subsequent to placement of frame(s) in a respective queue the frame are scheduled for transmission ;
see e.g. [0065] “ ... scheduler 612 provides traffic scheduling by assigning timeslots to the CMs connected to CMC 304. In addition, scheduler 612 may perform aggregation of traffic into queues 610 based on the CoS of the incoming traffic”
see e.g. Fig. 6 illustrating Ethernet frames being transmitted from respected queues)
Regarding claim 27, Boyd discloses the apparatus of claim 23, wherein the data tag comprises metadata associated with the first frame, wherein the first frame is classified based at least in part on the metadata (Boyd; Boyd teaches metadata comprising CM index and Cos and where the classification is based on the metadata
See e.g. [0061] FIG. 8 illustrates an example VLAN tag 800 used to enable VLAN switching at CMC 304 according to an embodiment of the present invention. Example VLAN tag 800 is an IEEE S-VLAN (Service VLAN, tag with a 16-bit TPID (Tag Protocol Identifier) field 802 set to 0x88A8, a 3-bit Service field 804 that identifies the CoS for the frame, a fixed CFI (Canonical Format Indicator) bit 806 set to 0, and a 12-bit VLAN ID (VID) field 808 having a fixed 3-bit portion and a variable portion (9 least significant bits) that identifies the CM index of the source/destination CM.
see e.g. [0062] As described above, the VLAN switching scheme at CMC 304 maps a CM index, CoS pair to a queue, and vice versa. Accordingly, each CM connected to CMC 304 must be assigned a unique CM index (e.g., integer between 0 and 511) at the time it connects and registers to CMC 304. This CM index continues to identify the CM as long as the CM is connected to CMC 304. If the CM disconnects from CMC 304 or is reset, its CM index number is released and may be assigned to another CM. When the CM re-connects and re-registers with CMC 304, the CM is assigned another CM index, which may or may not be the same as its previous CM index
see e.g. Fig. 8);
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.
Claim 2 is rejected over 35 USC 103 as being unpatentable over Lamb in view Nguyen (US 2014/0052836)
Regarding claim 2, Lamb discloses the apparatus of claim 1, Lamb does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to:
determine priority information for frames excluding the virtual local area network tag, wherein the first frame is classified based at least in part on the priority information
However in analogous art Nguyen discloses:
determine priority information for frames excluding the virtual local area network tag, wherein the first frame is classified based at least in part on the priority information (Nguyen;
see e.g. Abstract “A network switching system includes a storage device including a plurality of application-provided flow-based rules provided by a plurality of applications. A packet processor is coupled to the storage device and includes a flow-based handler that is operable to receive a packet, determine that the packet is associated with a flow session, and associate a plurality of the application-provided flow-based rules with the packet based the association of the packet with the flow session. The packet processor also includes a flow-based rule processing engine that is operable to determine a priority for the plurality of application-provided flow-based rules and apply at least one of the plurality of application-provided flow-based rules to the packet according to the priority. The system allows a plurality of SDN applications to operate in a network switching system independently and without knowledge of each other.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Nguyen’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of of managing network traffic.
Claim 3 is rejected under 35 USC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Xie (US 20230164746)
Regarding claim 3, Lamb in view of Nguyen discloses The apparatus of claim 2, Lamb does not expressly disclose wherein the priority information. comprises a default frame priority for frames excluding the virtual local area network tag, and the instructions are further executable by the processor to cause the apparatus to:
apply the default frame priority to the first frame; and
select the traffic class that corresponds to the default frame priority based at least in part on a mapping table, wherein the first frame is classified into the traffic class based at least in part on the default frame priority.
However in analogous art Xie discloses:
wherein the priority information. comprises a default frame priority for frames excluding the virtual local area network tag, and the instructions are further executable by the processor to cause the apparatus to (Xie; see e.g. [0133]): Table 2):
apply the default frame priority to the first frame (Xie; Xie teaches a default priority level that is assigned to OoS flows and used for scheduling. Applying that default priority to a packet/flow corresponds to assigning a default priority level to the frame and/or classification;
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”); and
select the traffic class that corresponds to the default frame priority based at least in part on a mapping table, wherein the first frame is classified into the traffic class based at least in part on the default frame priority (Xie; Table 2 provides a structured association between priority values and service types (traffic categories). Selecting a service/traffic category based on the default priority value via the table corresponds to selecting a traffic classed based on a mapping tablel
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”.
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Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xie’s scheme. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of processing network traffic.
Claims 4 and 9 are rejected under 35 USC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Hong (US 2019/0058662)
Regarding claim 4, Lamb in view of Nguyen disclose the apparatus of claim 2, Lamb does not expressly disclose wherein the priority information comprises a default traffic class for frames excluding the virtual local area network tag, and wherein the first frame is classified based at least in part on the default traffic class.
However in analogous art Hong discloses:
wherein the priority information comprises a default traffic class for frames excluding the virtual local area network tag (Hong teaches inserting a default QoS Tag into the frame, where the default QoS tag is a predetermined classification value. A predetermined QoS tag represents a default traffic class and therefore constitutes priority information comprising a default traffic class;
see e.g. [0100] “... insert a default Qos tag into the QoS tag (S34). The default QoS tag may be a predetermined value ... “), and
wherein the first frame is classified based at least in part on the default traffic class (Hong teaches that the reference is processed and scheduled according to the QoS tag value, including the default QoS Tag. Accordingly, the frame is classified based at least in part on the default traffic class represented by the default QoS tag;
see e.g. [0100] “... insert a default Qos tag into the QoS tag (S34). The default QoS tag may be a predetermined value ... “)
Therefore it would have been prima facie obvious to one of ordinary skill in the art to incorporate Hong’s scheme. The motivation being the combined solution provides one of ordinary skill in the art to incorporate known technique resulting in increased efficiencies of managing and delivering network traffic.
Regarding claim 9, Lamb in view of Nguyen disclose the apparatus of claim 2, Lamb does not expressly disclose wherein the priority information comprises a default traffic class for frames excluding the virtual local area network tag, the default traffic class being preconfigured at the first device, and wherein the first frame is classified based at least in part on the default traffic class.
However in analogous art Hong discloses:
wherein the priority information comprises a default traffic class for frames excluding the virtual local area network tag (Hong teaches inserting a default QoS Tag into the frame, where the default QoS tag is a predetermined classification value. A predetermined QoS tag represents a default traffic class and therefore constitutes priority information comprising a default traffic class;
see e.g. [0100] “... insert a default Qos tag into the QoS tag (S34). The default QoS tag may be a predetermined value ... “), the default traffic class being preconfigured at the first device, and wherein the first frame is classified based at least in part on the default traffic class class (Hong teaches that the reference is processed and scheduled according to the QoS tag value, including the default QoS Tag. Accordingly, the frame is classified based at least in part on the default traffic class represented by the default QoS tag;
see e.g. [0100] “... insert a default Qos tag into the QoS tag (S34). The default QoS tag may be a predetermined value ... “)
The Examiner notes said feature regarding “preconfigured’” is necessarily present in order to provide for the claimed subject matter to be executed. One of ordinary skill in the art would also recognize to use networking platforms such as Software Defined Networking that utilizes controllers to disseminate traffic rules.
Therefore it would have been prima facie obvious to one of ordinary skill in the art to incorporate Hong’s scheme. The motivation being the combined solution provides one of ordinary skill in the art to incorporate known technique resulting in increased efficiencies of managing and delivering network traffic.
.Claim 5 is rejected under 35 ISC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Keaveny (US 2018016733)
Regarding claim 5, Lamb in view of Nguyen disclose the apparatus of claim 2, Lamb does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to: receive, from a network entity, signaling indicating the priority information, wherein the priority information is determined based at least in part on the signaling.
However in analogous art Keaveny discloses:
receive, from a network entity, signaling indicating the priority information, wherein the priority information is determined based at least in part on the signaling.(Keaveny witches can access priority information remotely (i.e. a network entity);
[0011] In some implementations, a given network switch in an SDN can rely on flow rules stored on the switch (or otherwise accessible by the switch) for forwarding or otherwise handling traffic. Flow rules can, for example, contain information such as: (1) match fields to match against packets (e.g., an ingress port and specific packet header fields), (2) a priority value for the flow rule to allow prioritization over other flow entrie)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Keaveny’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing and delivering network traffic.
Claim 6 is rejected under 35 USC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Keaveny and in further view of Moon (US 2022/0103335)
Regarding claim 6, Lamb in view of Nguyen and in further view of Keaveny disclose the apparatus of claim 5, wherein the signaling is received via at least one of a port management information container or a bridge management information container.
However in analogous art Moon discloses:
wherein the signaling is received via at least one of a port management information container or a bridge management information container.(Moon;
see e.g. [0108] “ ... a bridge management information container (BMIC) or a port management information container (PMIC) ...”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Moon’s container elements. The motivation being the combined solution provides for implanting a known technique resulting in increased efficiencies of managing and delivering network traffic.
Claim 7 is rejected under 35 USC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Keaveny and in further view of Moon
Regarding claim 7, Lamb in view of Nguyen and in further view of Keaveny disclose the apparatus of claim 5, Lamb does not expressly disclose wherein the network entity comprises a session management function, a policy control function, a time-sensitive networking application function, or a time-sensitive communication and time synchronization function.
However in analogous art Moon discloses:
wherein the network entity comprises a session management function, a policy control function, a time-sensitive networking application function, or a time-sensitive communication and time synchronization function.
dee e.g. [0065] Referring to FIG. 6, in case that the 5GS interlocks with the TSN system, TSN AF 102
see e.g. [0055] FIG. 2 is a conceptual diagram illustrating a scenario for supporting TSN time synchronization of a 5G network
see e.g. [0068] “... PCF ...”
[0106] At operation S1404, the UE/DS-TT 1100 may transmit a PDU session request to the SMF 1500. The request may include conditions, such as DNN/S-NSSAI, PDU session type, DS-TT capability, device type, and the like. The SMF 1500 may determine whether to proceed with a later PDU session process by obtaining and comparing subscriber information from the UDM 1700. If it is determined to continue the proceeding, The SMF 1500 may register the corresponding PDU session in the UDM 1700. Further, in accordance with the request, a policy session between the SMF 1500 and the PCF 1600 may be configured.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Moon’s elements. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing and delivering network traffic.
Claim 8 is rejected under 35 USC 103 as being unpatentable over Lamb in view of Nguyen and in further view of Xie (US 2023/0164746)
Regarding claim 8, Lamb in view of Nguyen disclose The apparatus of claim 2, Lamb does not expressly disclose wherein the priority information comprises a default frame priority for frames excluding the virtual local area network tag, the default frame priority being preconfigured at the first device, and wherein the first frame is classified based at least in part on the default frame priority and a mapping table.
However in analogous art Xie discloses:
wherein the priority information comprises a default frame priority for frames excluding the virtual local area network tag (Xie; Xie teaches a default priority level that is assigned to OoS flows and used for scheduling. Applying that default priority to a packet/flow corresponds to assigning a default priority level to the frame and/or classification;
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”
, the default frame priority being preconfigured at the first device, and wherein the first frame is classified based at least in part on the default frame priority and a mapping table (Xie;
; Table 2 provides a structured association between priority values and service types (traffic categories). Selecting a service/traffic category based on the default priority value via the table corresponds to selecting a traffic classed based on a mapping table
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”.
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)
The Examiner notes said feature regarding “preconfigured’” is necessarily present in order to provide for the claimed subject matter to be executed. One of ordinary skill in the art would also recognize to use networking platforms such as Software Defined Networking that utilizes controllers to disseminate traffic rules.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xie’s scheme. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of processing network traffic.
Claim 10 is rejected under 35 USC 103 as being unpatentable over Lamb in view of Joseph (S 2021/0153152)
Regarding claim 10, Lamb discloses the apparatus of claim 1, wherein the first frame excluding the virtual local area network tag is associated with a generic precision time protocol.
However in analogous art Joseph discloses:
wherein the first frame excluding the 10. virtual local area network tag is associated with a generic precision time protocol (Joseph; .See e.g. [0051] “ ... generic Precision Time Protocol (gPTP) ... “)
Theretofore it would have been prima facie obvious before the effective filing date of the claimed invention to incorporate Joseph’s gPTP. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of delivering network traffic.
Claim 11 is rejectd over 35 USC 103 as being unpatentable over Lamb in view of Moon
Regarding claim 11, Lamb discloses the apparatus of claim 1, Lamb does not expressly disclose wherein the first device comprises a user equipment (UE) and the second device is associated with a network entity.
However in analogous art Moon discloses:
wherein the first device comprises a user equipment (UE) and the second device is associated with a network entity.(Moon; Moon explicitly discloses that a 5G network may support TSN and that may be modeled as TSN nodes, and further identifies UE 1100 as an entity of the 5G network connected within that architecture. Accordingly, Moon teaches a use equipment as one device ana a network side entity within a 5G system;
see e.g. [0058] Referring to FIG. 3, in a similar situation to that of FIG. 2, the 5G network may support the TSN. For example, the 5G network may be modeled as one TSN bridge (TSN node) 100, 110, and 120 of FIG. 1. For example, a UPF 1300, gNB 1200, and UE 1100, which are entities of the 5G network, may support the TSN by updating the sync frame through correlation of the link delay and the residence time as one TSN node. The UPF 1300, gNB 1200, and UE 1110 in the 5G network may be synchronized with a common 5G GM 210. For example, the gNB 1200 may be connected to a GPS. The UPF 1300 may be synchronized with the gNB 1200 by being connected to the gNB 1200 through the Ethernet-based TSN. The UE 1100 may be synchronized with the gNB 1200 through a process of transmitting and receiving a PHY frame. The UPF 1300 may be connected to the TSN node 100 of a wire network. The UE 1100 may be connected to the TSN node 120 of a wire network. Referring to FIG. 3, GM 200 of the TSN may be located in the TSN node 100 connected to the UPF 1300. The UPF 1300 may receive the sync frame from the previous TSN node 100. The UPF 1300 may determine the time based on an 5G GM 210 of the received sync frame as an ingress time. The UPF 1300 may periodically calculate and manage a link delay with the previous TSN node 100. The UPF 1300 may transmit the sync frame in which the ingress time and the link delay are reflected to the UE 1100. The UE 1100 may determine the residence time in which the UE 1100 resides in the 5G network based on the time of the 5G GM 210 at the moment that the UE 1100 transmits the sync frame to the next TSN node 120. The UE 1100 may transmit the sync frame to the next TSN node 120 by updating the correlation field based on the residence time and the link delay.
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[0052] In order to support scenarios, such as factory automation, time synchronization of related communication nodes may be necessary. More particularly, in a situation in which precision work is demanded, time synchronization of a high precision may be demanded. In case of utilizing Ethernet for industrial use, a time sensitive networking (TSN) technology, which is a method for supporting time synchronization between nodes connected on Ethernet, has been researched, commercialized, and used.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Moon’s 5G TSN scheme. The motivation being the combined solution provides for implanting a known technique resulting in increased efficiencies of delivering network traffic. Moreover one of the ordinary skill of the art is afforded the opportunity to improve their services by taking advantage of technological platforms (MPEP2143 “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;”)
Claim 14 is rejected under 35 USC 103 as being unpatentable over Shih in view of Nguyen
Regarding claim 14, Shih discloses The apparatus of claim 13, Shih does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to: determine the priority information for the first frame based at least in part on the first frame excluding the virtual local area network tag.
However in analogous art Nguyen discloses:
determine the priority information for the first frame based at least in part on the first frame excluding the virtual local area network tag information (Nguyen;
see e.g. Abstract “A network switching system includes a storage device including a plurality of application-provided flow-based rules provided by a plurality of applications. A packet processor is coupled to the storage device and includes a flow-based handler that is operable to receive a packet, determine that the packet is associated with a flow session, and associate a plurality of the application-provided flow-based rules with the packet based the association of the packet with the flow session. The packet processor also includes a flow-based rule processing engine that is operable to determine a priority for the plurality of application-provided flow-based rules and apply at least one of the plurality of application-provided flow-based rules to the packet according to the priority. The system allows a plurality of SDN applications to operate in a network switching system independently and without knowledge of each other.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Nguyen’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing network traffic.
Claim 15 is rejected under 35 USC 103 as being unpatentable over Shih in view of Nguyen and in further view of Keaveny
Regarding claim 15, Shih in view Nguyen disclose the apparatus of claim 14, Shih does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to: receive, from a network entity, signaling indicating the priority information for the first frame, wherein determining the priority information is based at least in part on the signaling.
However in analogous art Keaveny discloses:
receive, from a network entity, signaling indicating the priority information for the first frame, wherein determining the priority information is based at least in part on the signaling (Keaveny witches can access priority information remotely (i.e. a network entity);
[0011] In some implementations, a given network switch in an SDN can rely on flow rules stored on the switch (or otherwise accessible by the switch) for forwarding or otherwise handling traffic. Flow rules can, for example, contain information such as: (1) match fields to match against packets (e.g., an ingress port and specific packet header fields), (2) a priority value for the flow rule to allow prioritization over other flow entrie)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Keaveny’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing and delivering network traffic..
Claims 16 and 17 are rejected under 35 USC 103 as being unpatentable over Shih in view of Nguyen and in further view of Keaveny and in further view of Xie(US 20230164746)
Regarding claim 16, Shih in view of Nguyen and in further view of Keaveny disclose the apparatus of claim 15, Shih does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to: assign default virtual local area network information to the first frame based at least in part on the signaling and the first frame excluding the virtual local area
However in analogous art Xie discloses:
assign default virtual local area network information to the first frame based at least in part on the signaling and the first frame excluding the virtual local area(Xie; Xie teaches a default priority level that is assigned to QoS flows and used for scheduling. Applying that default priority to a packet/flow corresponds to assigning a default priority level to the frame and/or classification;
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”)
Regarding claim 17, Shih in view of Nguyen and in further view of Keaveny and in further view of Xie disclose the apparatus of claim 16, wherein the default virtual local area. network information comprises a virtual local area network identifier value and a priority value, and wherein the data tag is based at least in part on the virtual local area network identifier value and the priority value.(The combined solution per Xie provides for default priority value and it would have been obvious to one of ordinary skill in the art to implement a conventional default virtual local network identifier in order to mange various network traffic flows. It would have been obvious to configure the data tag to include both the default virtual local area network identifier and the default priority value, since VLAN identifiers and priority values are conventionally encoded together as part of frame tagging to control traffic segregation and forwarding behavior. Incorporating both fields into the data tag ensures that forwarding decision reflect the assigned VLAN context and associated priority level.
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF)”)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xie’s scheme. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of processing network traffic.
Claim 18 is rejected under 35 USC 103 as being obvious over Shih in view of Nguyen and in further view of Keaveny and in further view of Moon (US 2022/0103335)
Regarding claim 18, Shih in view of Nguyen and in further view of Keaveny disclose The apparatus of claim 15, Shih does not expressly disclose wherein the signaling is received via at least one of a port management information container or a bridge management information container.
However in analogous art Moon discloses:
wherein the signaling is received via at least one of a port management information container or a bridge management information container. .(Moon;
see e.g. [0108] “ ... a bridge management information container (BMIC) or a port management information container (PMIC) ...”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Moon’s container elements. The motivation being the combined solution provides for implanting a known technique resulting in increased efficiencies of managing and delivering network traffic.
Claim 21 is rejected over 35USC 103 as being unpatentable over Shih in view of Xie
Regarding claim 21, Shih discloses The apparatus of claim 13, Shih does not expressly disclose wherein the priority information comprises a default frame priority for frames excluding the virtual local area network tag.
However in analogous art Xie discloses:
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xie’s priority scheme. The motivation being the combined solution provides for increased efficiencies in managing and delivering network traffic.
The apparatus of The apparatus of claim 13, wherein the priority information 21. comprises a default frame priority for frames excluding the virtual local area network tag.
Claim 22 is rejected under 35 USC 103 as being unpatentable over Shih in view of Joesph
Regarding claim 22, Shih discloses the apparatus of claim 13, wherein the first frame excluding the virtual local area network tag is associated with a generic precision time protocol.
However in analogous art Joseph discloses:
wherein the first frame excluding the virtual local area network tag is associated with a generic precision time protocol (Joseph; .See e.g. [0051] “ ... generic Precision Time Protocol (gPTP) ... “)
Theretofore it would have been prima facie obvious before the effective filing date of the claimed invention to incorporate Joseph’s gPTP. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of delivering network traffic.
.Claims 24 and 25 are rejected under 35 ISC 103 as being unpatentable over Boyd in view of Iyer (US 2015/0222445)
Regarding claim 24, Boyd discloses the apparatus of claim 23, Boyd does not expressly disclose wherein the instructions are further executable by the processor to cause the apparatus to:
receive, from a network entity, signaling comprising information associated with the data tag, wherein the data tag is removed based at least in part on the information associated with the data tag.
Iyer discloses:
receive, from a network entity, signaling comprising information associated with the data tag, wherein the data tag is removed based at least in part on the information associated with the data tag (Iyer l Iyer teaches the utilization of SDN networking which provides for centralized control of switches. AN SDN Controller (i.e. network entity) can provide configuration to switches comprising “POP” (i.e. stripping or removing) in association with a VLAN tag;
see e.g. [0020] ... software-defined networking (SDN) that involve leveraging properties of data centers and SDN such as centralized control, centralized visibility, and structured topologies. ...”
see e.g. [0042] ACTION: pop-vlan ...”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Iyer’s configuration command. The motivation being the combined invent provide for incorporating a known technique resulting in increased efficiencies of managing networks.
The Examiner note SDN/OpenFLow implementations provides one of ordinary skill in the art to implement customized rules for packet processing which are transmitted to Switches or different types of network devices)
Regarding claim 25, Boyd in view of Iyer disclose the apparatus of claim 24, wherein the information associated. with the data tag comprises a virtual local area network identifier.
(Boyd;
see e.g. [0061] “... VLAN ID ...”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Iyer’s configuration command. The motivation being the combined invent provide for incorporating a known technique resulting in increased efficiencies of managing networks.
Claim 26 is rejected under 35 USC 103 as being unpatentable over Boyd in view of Davis (US 20090279558)
Regarding claim 26, Boyd discloses the apparatus of claim 23, and although Boyd discloses a VLAN ID (see e.g. [0063]), Boyd does not expressly disclose wherein the data tag comprises a virtual local area network identifier and a default frame priority based at least in part on the priority information.
However in analogous art Davis discloses:
wherein the data tag comprises a virtual local area network identifier and a default frame priority based at least in part on the priority information.(Davis;
[0069] FIG. 7 shows a process 700 for assigning packet forwarding priority, according to one embodiment of the invention. In step 710, a 2-bit port default priority is assigned to a packet. In step 720, the packet's packet type modifies its packet forwarding priority. If the packet type is IPv4, the IPv4 TOS field replaces the port default priority. Alternatively, a VLAN tag also modifies the packet forwarding priority, as shown in step 740. If a packet has a VLAN tag, its VLAN ID is extracted in step 750, and a VLAN priority is translated and replaces the port default priority.
The Examiner notes a default port priority is a default priority value applied to packet/frames and used for forwarding.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art to incorporate Davis’ default priority. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing network traffic.
Claim 28 is rejected under 35 USC 103 as being rejected over Boyd in view of Xie (US 20230164746)
Regarding claim 28, Boyd discloses the apparatus of claim 23, Boyd does not expressly disclose wherein the priority information comprises a default frame priority, and the instructions are further executable by the processor to cause the apparatus to:
apply the default frame priority to the first frame; and
select the traffic class that corresponds to the default frame priority based at least in part on a mapping table, wherein the first frame is classified into the traffic class based at least in part on the default frame priority.
However in analogous art Xie discloses:
wherein the priority information comprises a default frame priority, and the instructions are further executable by the processor to cause the apparatus to (Xie; see e.g. [0133]): Table 2
apply the default frame priority to the first frame (Xie; Xie teaches a default priority level that is assigned to OoS flows and used for scheduling. Applying that default priority to a packet/flow corresponds to assigning a default priority level to the frame and/or classification;
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”).; and
select the traffic class that corresponds to the default frame priority based at least in part on a mapping table, wherein the first frame is classified into the traffic class based at least in part on the default frame priority (frame (Xie; Table 2 provides a structured association between priority values and service types (traffic categories). Selecting a service/traffic category based on the default priority value via the table corresponds to selecting a traffic classed based on a mapping table
see e.g. [0133] It should be noted that, in Table 2, the inter-QoS flow resource scheduling priority (Default Priority Level) is used to distinguish between priorities of QoS flows in a terminal device or between different terminal devices. A smaller value indicates a higher priority, and a value ranges from 1 to 127. In Table 2, the delay (Packet Delay Budget) represents a delay from the terminal device to a core network (UPF”.
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Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xie’s scheme. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of processing network traffic.
Claim 29 is rejected under 35 USC 103 as being unpatentable over Boyd in view of Joseph (US 20210153152)
Regarding claim 29, Boyd discloses the apparatus of claim 23, Boyd does not expressly disclose wherein the first frame excluding is associated with a generic precision time protocol.
However in analogous art Joseph discloses:
wherein the first frame excluding is associated with a generic precision time protocol(Joseph; .See e.g. [0051] “ ... generic Precision Time Protocol (gPTP) ... “)
Theretofore it would have been prima facie obvious before the effective filing date of the claimed invention to incorporate Joseph’s gPTP .The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of delivering network traffic.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to TODD L. BARKER whose telephone number is (571) 270 0257. The Examiner can normally be reached on Monday through Friday, 7:30am to 5:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor Vivek Srivastava can be reached on (571) 272 7304.
/TODD L BARKER/ Primary Examiner, Art Unit 2449