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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/ 01/2026 has been entered.
Response to Arguments
-Applicant’s arguments, filed 04/01/2026, with respect to the rejection(s) of independent claim(s) under the combination of prior arts regarding the new amendment have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zhang (CN114189482A).
-Applicant's arguments filed 04/01/2026 have been fully considered but they are not persuasive.
Applicant argued that the specification provides support for the limitations “the management network element is a network” of the management network element is a network where the network element to be distributed data is located in [0026] and [0034], however the above paragraphs do not indicate limitations “the management network element is a network”. If applicant is intending to refer that the management network element is in a network, examiner suggests amending the claim to indicate the above underlined reference.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
1/Claims 1, and 4-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 10 comprises a limitation “a preset concurrency degree” where this limitation does not have a support in specification originally filed on 05/16/2024.
2/ Specifications filed in 01/11/2026 and 03/12/2026 have content such as “preset concurrency degree of the seed network element” in paragraphs [0006], [0009], [0028], [0048], [0049], [0055] where this content is a new addition to originally filed specification filed on 05/16/2024 and are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The specification contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed.
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 4-12 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.
Claims 1, and 10, comprise the limitations:
1/ “the management network element is a network” being part of the limitation “ the management network element is a network where the network element to be distributed data is located and is a network element provided with a network management function” is not clear if the limitation is claiming that the management network element is a network in and of itself.
2/ The limitation “subsequent steps” being part of the limitation executing the obtaining the current load condition of the seed network element and subsequent steps It is not clear because there are different varieties of subsequent steps in the claim. It is not clear to which subsequence of steps this limitation is referring to hence rendering the claim indefinite.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” or “step” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a management module …configured to…”, “a seed network element management module…configured for”, “a target network element management module configured for”, in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
-Claims 10-12 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 pre-AIA the applicant regards as the invention.
Claim limitations “a management module …configured to…”, “a seed network element management module…configured for”, “a target network element management module configured for”, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Sufficient structure exists when the claim language specifies the exact structure that performs the function in question without need to resort to other portions of the specification or extrinsic evidence for an adequate understanding of the structure. The claim language specifies a general computer system comprising a generic place holders such as “a management module …configured to…”, “a seed network element management module…configured for”, “a target network element management module configured for”,without mentioning a specific structure for performing claim functions. However a general computer system comprising a generic place holder is not enough to provide structural support for performing claim functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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(s) 1, 4-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Philip(US pg. no. 20180227165), further in view of Chan2(US pg. no. 20040243578), further in view of Zhang (CN114189482A).
Regarding claim 1. Philip discloses a data distribution method, comprising:
obtaining a network element groups (figs 1 and 2 discloses cluster (group) of SBCs), and allocating a transmission resource of a management network element to a network element to be distributed data in a network element group, so that a network element to be distributed data that has obtained the transmission resource performs data distribution ([0043] Each of the RM client modules (214, 220, 226, 232, . . . , 238) of SBC instances (202, 204, 206, 208, . . . , 210) that corresponds to network elements to be distributed data will periodically, e.g., in every T sec, report their resource (transmission resource) usage. The central Resource Management Server (a management network element), e.g., RM server module 234 (part of the management network element), will calculate the amount of resources, to be granted to the SBC based on the usage reported. The resource allocation, will be conveyed in the response message. An SBC instance, e.g., SBC 1 202, should use this resource allocation), wherein the network element group comprises a plurality of network elements to be distributed data with consistent network element attribute information (fig. 2 discloses the cluster 201 comprises a group of nodes with consistent network element attribute of being SBC), and the management network element is the network where the network element to be distributed data is located and is a network element provided with a network management function (fig. 2 discloses SBC network element group (cluster) that comprises a plurality of SBCs where one of the SBC is the master that has management function);
taking a network element to be distributed data that successfully performs data distribution as a seed network element, and obtaining a current load condition of the seed network element ([0134] In step 1010 the first resource manager monitors to receive resource utilization reporting messages (obtaining a current load condition) from session border controllers in said cluster. Step 1010 is performed on an ongoing basis. Step 1010 includes step 1011. In step 1011 the first resource manager receives a resource utilization reporting message from a session border controller in said cluster, said resource utilization reporting message include resource utilization information. Each node of the cluster used allocated resource to transmit data and reporting resource utilization of load characterization corresponds to seed node; [0044] Resource utilization reporting messages (242, 246, 250, 254, . . . , 258) are generated and sent from RM client modules (214, 220, 226, 232, . . . , 238), respectively, to active RM server module 234. RM server module 234, which is the master, generates and sends response messages (244, 248, 252, 256, . . . , 260) to RM client modules (214, 220, 226, 232, . . . , 238), in response to received messages (242, 246, 250, 254, . . . , 258), respectively, each response message including a resource allocation for the SBC to which the response is directed. Each node of the cluster reporting resource utilization of load characterization corresponds to seed node);
determining a transmission resource share allocated to a target network element according to the load condition and a preset concurrency degree of the seed network element (fig. 2 SBC of the cluster), wherein the target network element is a network element in the network element group that has not obtained a transmission resource from the management network element ([0108] discloses as part of the registration, the new SBC node (target node) gets a resource allocation from the master resource manager. The new SBC initially gets a resource allocation based on free resources divided by the number of SBC instances (seed nodes), e.g., the new SBC gets an allocated resource limit based on the free resource divided by the number of SBC instances. In the next interval, the new SBC node will report its actual resource usage; [0042] As part of Registration, the active Resource Management Server, e.g., RM server module 234, will give some resource allocation, each Resource Management Client (214, 220, 226, 232, . . . , 238) of corresponding SBC. In one exemplary embodiment, the allocation amount depends on the current free limit, where free limit=Max limit (concurrency degree)−current total usage (load condition). Allocation given at the time of registration=Free limit/number of Instances (SBCs)); and
Phillip inherently discloses:
wherein after the allocating the transmission resource of the seed network element to the target network element according to the transmission resource share , so that the target network element utilizes the transmission resource allocated from the seed network element to perform data distribution, the method further ([0043] Each of the RM client modules (214, 220, 226, 232, . . . , 238) of SBC instances (202, 204, 206, 208, . . . , 210) will periodically, e.g., in every T sec, report their resource usage, e.g., usage of call limit. The central Resource Management Server, e.g., RM server module 234, will calculate the amount of resources, e to be granted to the SBC based on the usage reported. The resource allocation, will be conveyed in the response message. An SBC instance, e.g., SBC 1 202, should use this resource allocation) comprises:
taking a target network element that successfully performs data distribution as the seed network element ([0111] and fig. 8 discloses from the table 800 one can see that what happens when new SBC node (with ID=1) is getting added at time Tn+3. After registration (corresponds to taking a target network element (SBC ID=1) as the seed network element (member of the cluster)), and executing the obtaining the current load condition of the seed network element and subsequent steps repeatedly until the data distribution is completed (([0111] and fig. 8 discloses from the table 800 one can see that what happens when new SBC node (with ID=1 target network element) is getting added at time Tn+3. After registration (corresponds to taking a target network element (SBC ID=1) as the seed network element after registration, and when it is member of the cluster). Fig. 8 discloses SBCs with ID 2, 3, 4 and 5 report allocated resource usage periodically at Tn+1, tn+2 (see columns 806, 812, 818, and 824 respectively). At Tn+3, a new node SBC with ID=1 (target network element) added. In subsequent resource allocation indicated in column 822 after adding SBC ID=1 to the cluster, some of the resources allocated from SBC nodes ID=2, 3, 4, and 5 respectively is reclaimed and allocated to SBC node ID=1. After resource allocation to all SBC nodes with ID=1, 2, 3, 4, 5 respectively at col.822 , all nodes performs the periodic resource usage report at Tn+4 and further for resource allocation readjustment until all nodes are not in need of resource allocation or complete data distribution that corresponds to obtaining the current load condition of the seed network element and subsequent steps repeatedly until the data distribution is completed; [0111-0113] From the table 800 one can see that what happens when new SBC node (with ID=1) is getting added at time Tn+3. After registration in the next message report, it may report a usage of 100. This first usage report by SBC with ID=1 is shown as the entry 100 in row 830 column 818 of table 800. The RM server operating as a master for the cluster of SBCs determines total usage as of now=7900 (row 830, column 820), since the previously determined total usage was 7800 (row 830, column 814) and reported usage of the new SBC with ID=1 is 100 (row 820, column 818). The master RM server determines the resource allocation for the SBC with ID=1 as an allocated call limit of 127 calls (row 830, column 822)… [0113] Thus the master resource Management Server allocates a call limit resource of 127 calls for SBC with ID=1. The other allocations for the other SBC nodes (ID=2, ID=3, ID=4) are adjusted accordingly, using the same allocation method resulting in resources allocations of (3396, 2000, 1429, 3131));
Philip inherently discloses allocating a transmission resource of the seed network element to the target network element according to the transmission resource share([0112] In particular for the SBC Instance with ID 1 (new node that corresponds to target network element),
Allocation amount=(SBC reported usage/Total Cluster level usage)*Max resource limit
Total Cluster level usage=7800+100=7900
Allocation amount=(100/7900)*10000=127), so that the target network element utilizes a transmission resource allocated from the seed network element to perform data distribution ([0113] discloses the master resource Management Server allocates a resource of 127 value for SBC with ID=1 (target network element). The other allocations for the other SBC nodes (ID=2, ID=3, ID=4) (seed network elements) are adjusted (reduced) accordingly that corresponds to allocating a transmission resource of the seed network element to the target network element, using the same allocation method resulting in resources allocations of (3396, 2000, 1429, 3131 reduced from previous allocation to accommodate to the new node`s allocation), respectively. In this example, it is shown that traffic is varying in each of the nodes (allocating resource to the new node by proportionally taking from the seed nodes and allocating to the target node), e.g., the reported usage for each of SBC nodes (ID=2, ID=3, ID=4), changes from the column 812 entry to the column 818 entry).
But, Philip does not explicitly disclose: allocating a transmission resource of the seed network element to the target network element according to the transmission resource share, so that the target network element utilizes a transmission resource allocated from the seed network element to perform data distribution.
However, in the same field of endeavor, Chan2 discloses allocating a transmission resource of the seed network element to the target network element according to the transmission resource share, so that the target network element utilizes a transmission resource allocated from the seed network element to perform data distribution ([0007] In order to ensure a balanced distribution of shared resource mastership among nodes in a cluster, resources should be remastered when a node membership change causes a reconfiguration in the cluster, such as when a node is added to or removed from a cluster. For example, if a node (target network element) is added to the cluster, the new node should be assigned some resources to master, from the other nodes (seed network elements) in the cluster… resource remastering generally entails freezing access operations on the particular resources being remastered, while transferring the new resource-to-master mapping and transferring the global view of the state of the resources (e.g., metadata) being remastered from the source master node to the target master node).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention was effectively filed to combine the teaching of the Philip with Chan. The modification would allow effective resource utilization rate among nodes in the cluster by dynamically reallocating resources when topology or usage changes.
But, the combination does not explicitly disclose: wherein after the allocating the transmission resource of the management network element to the network element to be distributed data in the network element group, so that the network element to be distributed data that has obtained the transmission resource performs data distribution, the method further comprises:
obtaining a load condition of the network element group; and
dynamically adjusting the transmission resource of the management network element between the network element groups according to the load condition of the network element group.
However, in the same field of endeavor, Zhang discloses wherein after the allocating the transmission resource of the management network element to the network element to be distributed data in the network element group, so that the network element to be distributed data that has obtained the transmission resource performs data distribution, the method further comprises: obtaining a load condition of the network element group; and dynamically adjusting the transmission resource of the management network element between the network element groups according to the load condition of the network element group (page 2 lines 49-55 discloses the server is configured to obtain the respective current resource usage data of the first cluster (network element group) and the second cluster (network element group); predict the resource usage of the first cluster and the second cluster at a specified time in the future according to a pre-trained prediction model data; according to the current resource usage data and the predicted resource usage data, determine whether the first cluster and the second cluster have capacity expansion requirements or whether there are idle resources; after determining that the first cluster has capacity expansion requirements and when the second cluster has idle resources, controlling the second cluster to release the idle resources, and controlling the first cluster to reclaim the idle resources to expand the first cluster);
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention was effectively filed to combine the teaching of the combination with Zhang. The modification would allow dynamic resource allocation by claiming idle resources and allocating to targets that are in need of resource. The modification would allow effective and adaptive resource management.
Regarding claim 4. The combination discloses data distribution method according to claim 1.
Philip discloses, wherein the determining the transmission resource share allocated to the target network element according to the load condition and the preset concurrency degree of the seed network element comprises:
determining a transmission resource that has been occupied by the seed network element and a transmission resource that needs to be reserved according to the load condition and preset the concurrency degree of the seed network element ([0108] When a new SBC node gets added to cluster, it will register to the current master Resource Management Server and as part of registration it will get an allocation based on free call limits divided by number of instances. FIG. 8 is an exemplary table 800 used to describe a cluster scale out scenario, e.g., cluster size increases, in which a new SBC node gets added to a cluster in accordance with an exemplary embodiment. The RM client module of new SBC node registers with the resource manager server which is currently serving as the master resource manager for the cluster. As part of the registration, the new SBC node gets a resource allocation from the master resource manager. The new SBC initially gets a resource allocation based on free resources divided by the number of SBC instances, e.g., the new SBC gets an allocated call limit based on the free call limits divided by the number of SBC instances); and
determining the transmission resource share allocated to the target network element according to the transmission resource that has been occupied by the seed network element and the transmission resource that needs to be reserved (([0113] discloses the master resource Management Server allocates a resource of 127 value for SBC with ID=1 (target network element). The other allocations for the other SBC nodes (ID=2, ID=3, ID=4) (seed network elements) are adjusted accordingly that corresponds to allocating a transmission resource of the seed network element to the target network element, using the same allocation method resulting in resources allocations of (3396, 2000, 1429, 3131 reduced from previous allocation to accommodate to the new node`s allocation), respectively. In this example, it is shown that traffic is varying in each of the nodes (allocating resource to the new node by proportionally taking from the seed nodes and allocating to the target node), e.g., the reported usage for each of SBC nodes (ID=2, ID=3, ID=4), changes from the column 816 entry to the column 818 entry).
Regarding claim 5. The combination discloses the data distribution method according to claim 1, Philip discloses wherein the obtaining the network element groups comprises:
obtaining network element attribute information of the network element to be distributed data (fig. 2 discloses cluster made by grouping nodes having attribute of being SBC node together); and
grouping the network element to be distributed data according to the network element attribute information, and obtaining the network element groups (fig. 1 discloses cluster of GWs and cluster of SBCs formed based on the type attributed of the devices; fig. 2 discloses cluster made by grouping nodes having attribute of being SBC node together).
Regarding claim 6. The combination dose not explicitly disclose The data distribution method according to claim 5,
Philip discloses wherein the network element attribute information is network element connectivity information (fig. 1 discloses cluster of SBCs, cluster of switches and cluster of GWs. The cluster elements being connected using specific type of node corresponds to network element connectivity information);
the grouping the network element to be distributed data according to the network element attribute information, and obtaining the network element groups comprises:
in response to that the network element attribute information is the network element connectivity information, allocating interconnected network elements to be distributed data to a group according to the network element connectivity information and a minimum routing hop rule, and obtaining the network element groups (fig. 1 discloses cluster of SBCs, cluster of switches and cluster of GWs. The cluster elements being connected using specific type of node corresponds to network element connectivity information. The nodes communicate inter cluster and communication outside of the cluster is via the master cluster or the cluster head that corresponds to the routing hop rule).
Regarding claim 7. The combination discloses data distribution method according to claim 1.
Philips discloses, wherein after the taking the network element to be distributed data that successfully performs data distribution as the seed network element, and obtaining the current load condition of the seed network element, the method further comprises:
in response to that after the seed network element completes a task of the data distribution, recycling the transmission resource of the seed network element to the management network element (fig. 9, 918 discloses in the current reporting period, device ID2 reported resource usage of zero (corresponds to completion of task and not needing resource any more); in col. 922 in the subsequent resource allocation to devices of the cluster, resources of device ID2 is recycled to all other devices and the resource allocation of the other devices increased).
Regarding claim 8. The combination discloses data distribution method according to claim 7.
Chan2 discloses, wherein after the allocating the transmission resource of the seed network element to the target network element according to the transmission resource share, so that the target network element utilizes the transmission resource allocated from the seed network element to perform data distribution, the method further comprises:
in response to that the target network element fails to utilize the allocated transmission resource to perform data distribution, allocating the transmission resource of the management network element to the target network element ([0007] In order to ensure a balanced distribution of shared resource mastership among nodes in a cluster, resources should be remastered when a node membership change causes a reconfiguration in the cluster, such as when a node is added to or removed from a cluster. For example, if a node (target network element) is added to the cluster, the new node should be assigned some resources to master, from the other nodes (seed network elements) in the cluster… resource remastering generally entails freezing access operations on the particular resources being remastered, while transferring the new resource-to-master mapping and transferring the global view of the state of the resources (e.g., metadata) being remastered from the source master node to the target master node; [0190] discloses Client status monitoring module 1254 includes a session border controller dropout module 1256. SBC dropout module 1256 detects that a client SBC has dropped out, e.g., the cluster has scaled down, and responds to the detected decreases in the number of SBC instances, e.g., reallocating resources in response to the detected dropped out SBC).
Regarding claim 9. The combination discloses the data distribution method according to claim 1.
Philip discloses, further comprising:
establishing a seed network element list, and updating and maintaining a number of the seed network elements, a transmission resource condition, and a data distribution condition ([0190] Client status monitoring module 1254 monitor status of SBC (seed network element) which are registered (list) and which are currently being controlled by the RM server module 1226, which is a master for the cluster. Client status monitoring module 1254 includes a session border controller dropout module 1256. SBC dropout module 1256 detects that a client SBC has dropped out, e.g., the cluster has scaled down, and responds to the detected decreases in the number of SBC instances, e.g., reallocating resources in response to the detected dropped out SBC; [0041] discloses Resource Management Clients will register with the ‘Active’ Resource Management Server when the SBC boots up; [0120] discloses , each of the SBC nodes will register to new Resource Management Server and will send their current usage, e.g., active call count, to new master Resource Management Server).
Regarding claim 10. Philip discloses a data distribution device, comprising:
All other limitations of claim 10 are similar with the limitations of claim 1 rejected above.
Regarding claim 11. In the combination, Philip discloses a network equipment, comprising: at least one processor (fig. SBC node has processor); and a memory communicatively connected to the at least one processor (fig. 2 SBC node has memory); wherein the memory is configured to store an instruction executable by the at least one processor, and the instruction is executed by the at least one processor so that the at least one processor executes the data distribution method according to claim 1.
All other limitations are similar with the limitations of claim 1 and are rejected similarly.
Regarding claim 12. In the combination, Philip discloses a non-transitory computer-readable storage medium (fig. 2 SBC node has memory), storing a computer program, wherein when the computer program is executed by a processor, the data distribution method according to claim 1.
All other limitations are similar with the limitations of claim 1 and are rejected similarly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESSERET F. GEBRE whose telephone number is (571)272-8272. The examiner can normally be reached 9:00 am-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oscar Louie can be reached at 5712701684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MESSERET F GEBRE/Primary Examiner, Art Unit 2445
Prosecution Insights