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 .
Status of the Claims
This office action considers claims 1-17 filed on 07/13/2026 are pending for prosecution.
Response to Arguments
A. Non-Statutory Double Patenting Rejection
As requested by the Applicant, the rejection is being held in abeyance until the application is otherwise in condition for allowance.
35 U.S.C. § 102 Rejections
The Applicant’s argument regarding claims 1-17 have been fully considered. However they are not persuasive.
With respect to claim 1, the Applicant presented argument that amended Claim 1 defines that the further switching of the marking value is performed after waiting the wait time, where the wait time indicates a measurement result available at the node. …. . It is believed that no art (Cociglio) of record discloses or suggests this feature. (REMARKS, Page 8)
The Examiner respectfully disagrees, and notes that claim 1 does not define/disclose any attributes of measurement result.
The Examiner presents that Cociglio discloses -
Page 16 Lines 15 - 23:
The time lapsing between two consecutive switching of the marking value is termed herein after "marking period Tm". Hence, during a marking period Tm, the node 1 transmits to the node 2 packets Pk having their marking field MF set to one of the values MA, MB, e.g. MA. Then, upon expiration of the marking period Tm, the node 1 switches the marking value from MA to MB, so that during the subsequent marking period Tm it will transmit to the node 2 packets Pk having their marking field set to MB. And so on.
Page 16 Line 31 – Page 17 Line 2:
For instance, the node 1 may switch the marking value upon expiry of a timer counting a certain predefined duration of the marking period Tm.
Accordingly, it is construed that since claim does not define/disclose the limitation for measurement result, the expiration of a timer for counting a certain predefined duration of the marking period Tm is the said measurement result for time available at said node.
Therefore claim 1 and similarly claim 15 are rejected.
Dependent claims 2-14 and 16-17, being dependent on claims 1 and 15, are also rejected for the same reason as above.
NOTICE for all US Patent Applications filed on or after March 16, 2013
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 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 § 102
The following is a quotation of the appropriate paragraphs of AIA 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 1-13 and 15-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Cociglio et al. (IT 201800010131 A1 translated with WO 2020094623 A1, of IDS, hereinafter ‘COCIGLIO’).
Regarding claim 1, COCIGLIO teaches a method for transmitting through a packet-switched communication network (
Fig.1 communication network 100) a measurement result available at a node (
Fig. 1 node 1, Page 14 Line 30 – Page 15 Line 5:
Two or more measurement points 10, 20 are preferably implemented on the path of the packets Pk. Both measurement points 10, 20 may be located at intermediate positions of the path of the packets Pk from the node 1 to the node 2, as schematically depicted in Figure 1. Alternatively, at least one of the measurement points 10, 20 may be implemented at one of the nodes 1 or 2.) of said packet-switched communication network, said node applying a marking value to packets of a packet flow to be transmitted to a further node (
Page 9 Line 3:
the flow of packets comprising a marking value…
Fig. 1 node 2, Page 14 Line 25:
The node 1 is configured to transmit packets Pk to the node 2, as schematically depicted in Figure 1.) of said packet-switched communication network, said marking value being switchable by said node between at least two alternative marking values (
Page 8 Line 31- Page 9 Line 5:
According to a first aspect, the present invention provides a method for enabling a performance measurement on a flow of packets transmitted through a packet-switched communication network, the flow of packets comprising a marking value periodically switched between at least two alternative marking values with a marking period
Fig.1 communication network 100, Page 14 Lines 15 – Page 15 Line 9:
Figure 1 schematically shows a packet-switched communication network 100 configured to enable performance measurements according to an embodiment of the present invention.
The communication network 100 comprises a plurality of nodes reciprocally interconnected by physical links according to any known topology, including two nodes 1 and 2 shown in Figure 1. ….
The node 1 is configured to transmit packets Pk to the node 2, as schematically depicted in Figure 1. The packets Pk may belong to a same packet flow (namely, they may all have a same source address and a same destination address) or to different packet flows whose paths are overlapping between the nodes 1 and 2.
Two or more measurement points 10, 20 are preferably implemented on the path of the packets Pk. Both measurement points 10, 20 may be located at intermediate positions of the path of the packets Pk from the node 1 to the node 2, as schematically depicted in Figure 1. Alternatively, at least one of the measurement points 10, 20 may be implemented at one of the nodes 1 or 2.
The measurement points 10, 20 preferably cooperate with a management server 30 configured to perform management tasks on the communication network 100, including performance measurements.), said method comprising, by said node:
a) performing a switching of said marking value applied to packets of said packet flow to be transmitted to said further node (
Fig. 2, Page 15 Lines 13 - 27:
As schematically depicted in Figure 2, each packet Pk comprises a payload PL and a header H. ….
….. the header H of each packet Pk preferably also comprises a marking field MF and a synchronization field SF.
The marking field MF comprises one or more bits, preferably a single bit. The marking field MF may be set to anyone of two different marking values MA, MB (e.g. "1" and "0", in case of a single bit marking field) in order to implement a first alternate marking on the packet flow PF…..
Fig. 3, Page 16 Lines 9 - 15:
a first alternate marking is preferably implemented on the packets Pk. Such first alternate marking may be implemented by the node 1.
In particular, the node 1 preferably writes in the marking field MF of each packet Pk to be transmitted a marking value, which is alternately switched between the two marking values MA and MB, as schematically depicted in Figure 3.);
b) waiting a wait time whose duration is equal to a value indicative of said measurement result available at said node (
Page 16 Lines 15 - 23:
The time lapsing between two consecutive switching of the marking value is termed herein after "marking period Tm". Hence, during a marking period Tm, the node 1 transmits to the node 2 packets Pk having their marking field MF set to one of the values MA, MB, e.g. MA. Then, upon expiration of the marking period Tm, the node 1 switches the marking value from MA to MB, so that during the subsequent marking period Tm it will transmit to the node 2 packets Pk having their marking field set to MB. And so on.
Page 16 Line 31 – Page 17 Line 2:
For instance, the node 1 may switch the marking value upon expiry of a timer counting a certain predefined duration of the marking period Tm.
(Since claim does not define/disclose any attributes of measurement result, the expiration of a timer for counting a certain predefined duration of the marking period Tm is construed as said time measurement result available at said node)); and
c) performing a further switching of said marking value applied to packets of said packet flow to be transmitted to said further node after waiting the wait time (
Page 16 Lines 17 - 23:
during a marking period Tm, the node 1 node 1 transmits to the node 2 packets Pk having their marking field MF set to ….. MA. Then, upon expiration of the marking period Tm, the node 1 switches the marking value from MA to MB, so that during the subsequent marking period Tm it will transmit to the node 2 packets Pk having their marking field set to MB. And so on.
See also Page 16 Line 31 – Page 17 Line 2:
expiry of a timer counting a certain predefined duration…).
Regarding claim 15, the claim is interpreted mutatis mutandis of claim 1 and rejected for the same reason as set forth for claim 1.
Regarding claim 16, the claim is interpreted mutatis mutandis of claim 1 and rejected for the same reason as set forth for claim 1.
Regarding claim 2, COCIGLIO teaches the method according to claim 1, wherein said value indicative of said measurement result available at said node is equal to a round-trip time measurement result available at said node (
See Page 16 Lines 15 – 23 cited above for claim 1.
Further see Page 16 Lines 24-30:
The node 1 preferably switches the marking value from MA to MB or vice versa upon occurrence of a certain condition. Such condition may include for instance detection of a change of the marking value in the packets received from the node 2, as it occurs e.g. when the above described spin bit technique of the QUIC protocol is applied. This results in marking periods Tm with variable duration, depending on the round-trip time (RTT) between the nodes 1 and 2. ).
Regarding claim 3, COCIGLIO teaches the method according to claim 1, wherein step a) is performed when a first valid, non-zero measurement result is available at said node (
Fig. 4, Start [Wingdings font/0xE8] Step 40 [Wingdings font/0xE8] Step 41 [Wingdings font/0xE8] Step 42,
Page 18 Lines 19 – Page 19 Line 13:
The operation of the node 1 according to the embodiments wherein it implements both the first and the second alternate marking on the flow of packets Pk will be now described in detail with reference to the flow chart of Figure 4.
When a performance measurement session shall be started, the node 1 preferably starts a synchronization timer configured to count a synchronization period Ts of a predefined duration, e.g. 5 minutes (step 40).
As the node 1 starts the synchronization timer, it preferably determines the synchronization value SA or SB which it will apply to the packets Pk that it will transmit during that synchronization period Ts (step 41 ).
Then, while the local timer counting the synchronization period Ts is running (step 42), for each packet Pk to be transmitted the node 1 preferably determines the marking value MA or MB applicable thereto as described above and writes it in its marking field MF (step 43).
See also Fig. 4 Step 46 Wait end of marking period and write applicable marking value MA or MB …. in packets Pk to be transmitted [Wingdings font/0xE8] Step 40), and
wherein steps b) and c) are cyclically iterated after step a) has been performed (
Fig. 4, Step 42 [Wingdings font/0xE8] Step 43 [Wingdings font/0xE8] Step 44 [Wingdings font/0xE8] Step 45 [Wingdings font/0xE8] Step 42,
Page 19 Lines 9 – 16:
Then, while the local timer counting the synchronization period Ts is running (step 42), for each packet Pk to be transmitted the node 1 preferably determines the marking value MA or MB applicable thereto as described above and writes it in its marking field MF (step 43). Since the synchronization period Ts is selected so as to contain an integer number of marking periods Tm, the node 1 will generally switch the applicable marking value between MA and MB several times, before the local timer expires.).
Regarding claim 4, COCIGLIO teaches the method according to claim 1, wherein said wait time is started when a first packet of said packet flow following to said switching at step a) is transmitted to said further node (
Fig. 3 Marking period Tm between start of MA and start of MB,
Page 16 Lines 12-17:
In particular, the node 1 preferably writes in the marking field MF of each packet Pk to be transmitted a marking value, which is alternately switched between the two marking values MA and MB, as schematically depicted in Figure 3. The time lapsing between two consecutive switching of the marking value is termed herein after "marking period Tm".
May see also Fig. 4 Step 40 [Wingdings font/0xE8] Step 41 [Wingdings font/0xE8] Step 42 [Wingdings font/0xE8] Step 43 [Wingdings font/0xE8] Step 44 [Wingdings font/0xE8] Step 45 [Wingdings font/0xE8] Step 42
Page 19 Lines 9-16:
Then, while the local timer counting the synchronization period Ts is running (step 42), for each packet Pk to be transmitted the node 1 preferably determines the marking value MA or MB applicable thereto as described above and writes it in its marking field MF (step 43).).
Regarding claim 5, COCIGLIO teaches the method according to claim 1, wherein said value indicative of said measurement result available at said node is updated during step b) into an updated value indicative of an updated measurement result available at said node (
Fig. 3 Marking period Tm between start of MA and start of MB,
Page 16 Lines 12-23:
In particular, the node 1 preferably writes in the marking field MF of each packet Pk to be transmitted a marking value, which is alternately switched between the two marking values MA and MB, as schematically depicted in Figure 3. The time lapsing between two consecutive switching of the marking value is termed herein after "marking period Tm". Hence, during a marking period Tm, the node 1 transmits to the node 2 packets Pk having their marking field MF set to one of the values MA, MB, e.g. MA. Then, upon expiration of the marking period Tm, the node 1 switches the marking value from MA to MB, so that during the subsequent marking period Tm it will transmit to the node 2 packets Pk having their marking field set to MB. And so on.
May see also Page 19 Lines 9 – 16 cited above for claim 3).
Regarding claim 6, COCIGLIO teaches the method according to claim 5, wherein at step b) said duration of said wait time is kept equal to said stored value until lapse of said wait time, said updated value being applied at a subsequent iteration of step b) (
Fig. 3 alternating wait times or synchronization period Ts SA and SB periods,
Page 16 Line 31 – Page 17 Line 7:
the node 1 may switch the marking value upon expiry of a timer counting a certain predefined duration of the marking period Tm. Such predefined duration may be constant, thereby providing marking periods Tm having all a same duration. Alternatively, the duration of the marking period Tm may be switched between two different values, thereby providing marking periods Tm with a certain duration that alternate in time with marking periods with another duration.
Page 17, Lines 8- 14, 22 – Page 18 Line 4:
According to embodiments of the present invention, a second alternate marking is also preferably implemented on the packets Pk.
According to an embodiment, the second alternate marking is implemented substantially at the same time as the first alternate marking described above. According to such embodiment, the node 1 may implement both the first and the second alternate marking on the flow of packets Pk.
In case the node 1 implements both the first and the second alternate marking on the flow of packets Pk, the node 1 preferably writes in the synchronization field SF of each packet Pk to be transmitted a synchronization value, which is alternately switched between the two synchronization values SA and SB, as schematically depicted in Figure 3. The time lapsing between two consecutive switching of the synchronization value is termed herein after "synchronization period Ts". Hence, during a synchronization period Ts, the node 1 transmits to the node 2 packets Pk having their synchronization field SF set to one of the values SA, SB, e.g. SA. Then, upon expiration of the synchronization period, the node 1 switches the synchronization value from SA to SB, so that during the subsequent synchronization period Ts it will transmit to the node 2 packets Pk having their synchronization field set to SB. And so on.
See Fig. 3 with Fig. 4 illustrating the above).
Regarding claim 7, COCIGLIO teaches the method according to claim 5, wherein at step b) said duration of said wait time is changed into said updated value while said wait time is ongoing (
See Fig. 3 alternating wait times or synchronization period Ts SA and SB periods,
Page 17 Lines 4 - 7:
Alternatively, the duration of the marking period Tm may be switched between two different values, thereby providing marking periods Tm with a certain duration that alternate in time with marking periods with another duration.
The above disclosing wait time or marking period Tm may be changed while synchronization period Ts SA or SB period is ongoing).
Regarding claim 8, COCIGLIO teaches the method according to claim 1, wherein said further switching at step c) comprises switching said marking value applied to packets of said packet flow to be transmitted to said further node only if a time lapsing between lapse of said wait time and subsequent transmission of a packet of said packet flow to said further node does not exceed a predefined time threshold (
See Fig. 3 with Fig. 4, illustrating Node 1 transmitting packet Pk to Node 2 alternatingly switching making value MA or MB while synchronization period Ts SA or SB period is ongoing.
See Page 16 Line 31 – Page 17 Line 7, and
Page 17, Lines 8- 14, 22 – Page 18 Line 4 cited above for claim 6).
Regarding claim 9, COCIGLIO teaches the method according to claim 1, wherein said further switching at step c) comprises forcing said further switching of said marking value applied to packets of said packet flow to be transmitted to said further node when a maximum time has lapsed since said switching at step a) (
Page 16 Line 24 – Page 17 Line 7:
The node 1 preferably switches the marking value from MA to MB or vice versa upon occurrence of a certain condition. Such condition may include for instance detection of a change of the marking value in the packets received from the node 2, as it occurs e.g. when the above described spin bit technique of the QUIC protocol is applied. This results in marking periods Tm with variable duration, depending on the round-trip time (RTT) between the nodes 1 and 2. This is however not limiting. For instance, the node 1 may switch the marking value upon expiry of a timer counting a certain predefined duration of the marking period Tm. Such predefined duration may be constant, thereby providing marking periods Tm having all a same duration. Alternatively, the duration of the marking period Tm may be switched between two different values, thereby providing marking periods Tm with a certain duration that alternate in time with marking periods with another duration.).
Regarding claim 10, COCIGLIO teaches the method according to claim 9, wherein said maximum time is higher than a maximum value indicative of a maximum measurement result (
Page 16 Lines 24-30:
The node 1 preferably switches the marking value from MA to MB or vice versa upon occurrence of a certain condition. Such condition may include for instance detection of a change of the marking value in the packets received from the node 2, as it occurs e.g. when the above described spin bit technique of the QUIC protocol is applied. This results in marking periods Tm with variable duration, depending on the round-trip time (RTT) between the nodes 1 and 2.
(Since Tm can be variable, some maximum measuring duration Tm indicative of RTT measurement can be higher than some other Tm indicative of corresponding RTT measurement)).
Regarding claim 11, COCIGLIO teaches the method according to claim 1,
wherein step a) comprises, after said switching, keeping said marking value applied to packets of said packet flow to be transmitted to said further node fixed, until said wait time is lapsed (
See Fig. 3 switching between marking value MA and MB after every marking period Tm during which packet Pk has fixed marking value or either MA or MB.
See also Fig. 4 Steps 42 [Wingdings font/0xE8] Step 43 [Wingdings font/0xE8] Step 44 [Wingdings font/0xE8] Step 45 [Wingdings font/0xE8] Step 42
Page 19 Lines 9-16:
Then, while the local timer counting the synchronization period Ts is running (step 42), for each packet Pk to be transmitted the node 1 preferably determines the marking value MA or MB applicable thereto as described above and writes it in its marking field MF (step 43). Since the synchronization period Ts is selected so as to contain an integer number of marking periods Tm, the node 1 will generally switch the applicable marking value between MA and MB several times, before the local timer expires.).
Regarding claim 12, COCIGLIO teaches the method according to claim 1, wherein step a) comprises, after said switching, transmitting one packet of said packet flow to said further node, switching again said marking value applied to packets of said packet flow to be transmitted to said further node and keeping said marking value applied to packets of said packet flow to be transmitted to said further node fixed, until said wait time is lapsed (
Fig. 3 alternating wait times or synchronization period Ts SA and SB periods while making values are switched alternately between MA and MB after every marking period Tm ,
See Fig. 3 with Fig. 4 as described in Page 16 Line 31 – Page 17 Line 7, Page 17, Lines 8- 14, 22 – Page 18 Line 4 cited above for claim 6).
Regarding claim 13, COCIGLIO teaches a method for reading a measurement result available at a node of a packet-switched communication network and transmitted through said packet-switched communication network, said method comprising the steps of the method according to claim 1 (
See Claim 1) and:
d) by a probe (
Fig. 1, measurement points 10, 20 on the path of the packets Pk between Node 1 and Node 2) placed on a path of said packet flow (
Fig. 1, Page 14 Line 25 – Page 15 Line 4:
The node 1 is configured to transmit packets Pk to the node 2, as schematically depicted in Figure 1. The packets Pk may belong to a same packet flow (namely, they may all have a same source address and a same destination address) or to different packet flows whose paths are overlapping between the nodes 1 and 2.
Two or more measurement points 10, 20 are preferably implemented on the path of the packets Pk. Both measurement points 10, 20 may be located at intermediate positions of the path of the packets Pk from the node 1 to the node 2, as schematically depicted in Figure 1.), detecting a first switching and a second switching of the marking value applied to packets of said packet flow transmitted by said node to said further node and obtaining a reading of said measurement result available at said node as a time lapsing between said first switching and said second switching (
Fig. 3 alternating wait times or synchronization period Ts SA and SB periods while making values are switched alternately between MA and MB after every marking period Tm ,
See Fig. 3 with Fig. 4 as described in Page 16 Line 31 – Page 17 Line 7, Page 17, Lines 8- 14, 22 – Page 18 Line 4 cited above for claim 6.
Additionally, Fig. 5, Page 21 Lines 5 - 14:
As mentioned above, the second marking may be performed by any of the measurement points 10, 20, for instance the measurement point 10. In this case, the node 1 basically implements exclusively step 43 (first marking), while the other steps of the flow chart of Figure 4 are performed by the measurement point 10.
Each measurement point 10, 20 is preferably configured to provide a plurality of performance parameters relating to the packets Pk containing both a marking value MA, MB and a synchronization value SA, SB, as it will be described herein below with reference to the flow chart of Figure 5.
See Page 21 Line 15 – Page 27 Line 26 for Figure 5 description).
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth for claim 13.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 14 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Cociglio et al. (IT 201800010131 A1 translated with WO 2020094623 A1, of IDS, hereinafter ‘COCIGLIO’) in view of G. Fioccola et al. (RFC 8321 “Alternate-Marking Method for Passive and Hybrid Performance Monitoring”, hereinafter ‘FIOCCOLA’).
Regarding claim 14, COCIGLIO teaches the method according to claim 9.
COCIGLIO does not explicitly disclose wherein said step d) comprises discarding said reading if it is determined that said reading is not lower than said maximum time.
In an analogous art, FIOCCOLA teaches wherein said step d) comprises discarding said reading if it is determined that said reading is not lower than said maximum time (
Page 17 Section 3.3.2 Double-Marking Methodology
2nd Paragraph:
Between packets with the second marking, there should be a security time gap (e.g., this gap could be, at the minimum, the mean network delay calculated with the previous methodology) to avoid out-of-order issues and also to have a number of measurement packets that are rate independent. If a second-marking packet is lost, the delay measurement for the considered block is corrupted and should be discarded.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to take the technique of discarding delay measurement for lost packet or packet delay exceeding a security gap time of FIOCCOLA to the system of performance measurement in a packet-switched communication network of COCIGLIO in order to take the advantage of method for excluding outliers in order to characterize packet delay with delay and delay variation which is helpful for performance planners (FIOCCOLA: Page 18 Paragraph 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kulkarni et al. (US 9501946 B1), describing Systems And Methods For Stable Haptic Feedback Over Packet-switched Networks
Luo et al. (US 20160119214 A1), describing INFORMATION PROCESSING METHOD AND DEVICE
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAH M RAHMAN whose telephone number is (571)272-8951. The examiner can normally be reached 9:30AM-5:30PM PST.
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/SHAH M RAHMAN/Primary Examiner, Art Unit 2413
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