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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because of the new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 8, 10-12, 15, 18 and 20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites "using the wireless network system." The claim recites a wireless networking system in the preamble and does not recite a wireless network system. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the same limitation and is rejected for the same reason.
Claim 8 recites "the identified at least one of the plurality of distribution nodes." Claim 1 recites a selected one of the distribution nodes and does not recite an identified at least one of the plurality of distribution nodes, and no such node is recited in claims 4 through 7. There is insufficient antecedent basis for this limitation in the claim. Claim 13, the counterpart to claim 8, recites the selected distribution node.
Claim 11 recites "the identified segments of the shared media program." The claim recites identifying a plurality of shared media programs and recites segments of the identified shared media program, and does not recite identifying any segments. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites "the identified media program." Claim 11 recites identified shared media programs and recites the media program, and does not recite an identified media program. There is insufficient antecedent basis for this limitation in the claim. Claim 18 recites the same limitation and is rejected for the same reason.
Claim 10 recites that the multi-cast channel is provided on "only one of the plurality of distribution nodes." It is unclear whether the only one of the plurality of distribution nodes is the selected one of the distribution nodes recited in claim 1 or a different node of the several distribution nodes recited in claim 10. Claims 15 and 20 recite the same limitation and are rejected for the same reason.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 4, 9,10, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022256711 A1 herein Luft in view of US 2024/0040441 A1 herein Qi.
Claim 1, Luft discloses an automated process performed by a distribution management system of a wireless networking system supporting communications with a plurality of customer devices via a plurality of distribution nodes (Title, Method), the automated process comprising:
identifying, by the distribution management system, a plurality of shared media programs that are simultaneously received by more than one of the customer devices using the wireless network system (00272, Title A may be delivered at a high bit rate, because it is consumed 3 times; Title B at a medium bit rate, because it is consumed 2 times; 00246, a single wireless channel/stream of the live broadcast of the game or other event is simultaneously received by each user within a multicast group);
obtaining, by the distribution management system for each of the plurality of identified shared media programs, segments of the identified shared media program for re-transmission on the multi-cast channel associated with the identified shared media program (00262, the edge cache sends requests for segments of the live/multicast content to the upstream CDN and/or content provider origin, receives the requested segments, and transmits the packets to the packet core to be multicast over the cellular network to clients); and
distributing, to each of the customer devices via the wireless networking system, a manifest describing the identified shared media programs and identifying the multi-cast channel (00259, the manifest processing logic updates the content manifest to include this multicast channel number so that it is available and can be readily used by user devices).
Luft may not explicitly disclose dedicating, for each of the identified shared media programs, a multi-cast channel on a selected one of the distribution nodes to a multi-cast of the identified shared media program; and the selected distribution node that is dedicated to the multi-cast of the media program to thereby permit each of the customer devices to simultaneously obtain the segments of the identified shared media program from the multi-cast of the media program provided by the selected distribution node.
Qi discloses dedicating, for each of the identified shared media programs, a multi-cast channel on a selected one of the distribution nodes to a multi-cast of the identified shared media program (0061, upon receiving the SAi information of the MBS service, gNB allocates the resources for the MBS session, including which cell to broadcast the MBS Service; 0062, the SAi information and a cell list information are both carried in the MBS session start signaling. In such case, gNB determines which cell to broadcast the MBS) and the selected distribution node that is dedicated to the multi-cast of the media program (0055, UE considers that the MBS service identified by MBS-ID1 is available at least in the cells identified by (PCl1, PCl2, PCl3) on frequency f1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include determining which cell a multicast service is broadcast on and indicating to the user equipment the cells in which that service is available, as taught by Qi, so as to provide efficient network resource management and allocation between user mobile stations and wireless access network nodes (0003).
Claim 3, Luft in view of Qi discloses the automated process of claim 1.
Luft discloses the segments of the shared media program are transmitted by the wireless interface of the selected distribution node using the multi-cast IP address identified in the manifest (00262, the edge cache transmits the packets to the packet core to be multicast over the cellular network to clients).
Luft may not explicitly disclose each multi-cast channel is represented by a multi-cast internet protocol (IP) address provided on a wireless interface of the selected distribution node that is dedicated to the multi-cast of the media program.
Qi discloses each multi-cast channel is represented by a multi-cast internet protocol (IP) address (0049, the MBS ID may be TMGI, or a IP Multicast address (with or without source address), or any other unique ID for the UE to identify the MBS service) provided on a wireless interface of the selected distribution node that is dedicated to the multi-cast of the media program (0074, the MBS configuration might include the time and frequency domain resource allocation information per cell of the MBS session). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include identifying a multicast service by an IP multicast address and allocating the session resources per cell, as taught by Qi, so as to provide efficient network resource management and allocation between user mobile stations and wireless access network nodes (0003).
Claim 4, Luft in view of Qi discloses the automated process of claim 1.
Luft discloses the identifying of the plurality of shared media programs comprises monitoring requests for media programs received from the customer devices (00276, for every new request made, an accounting is performed to determine if the resource can be allocated) and recognizing those media programs receiving multiple requests from different customer devices (00277, as more players start to concurrently request the same manifest and related data, the edge cache may promote the relevance of the request. With a number concurrent viewers, a given title will be more relevant than a single viewer title).
Claim 9, Luft discloses the automated process of claim 1 wherein each of the plurality of distribution nodes is a satellite (0042, 0073, satellite links and network), and wherein the customer devices are ground stations in simultaneous communication with multiple satellites (0051-0052, local content distribution network providing media to users).
Claim 10, as analyzed with respect to the limitations as discussed in claim 13.
Claim 18, as analyzed with respect to the limitations as discussed in claim 1.
Luft discloses a plurality of distribution nodes each configured for wireless communications with the plurality of customer devices (00245, a cellular service provider has configured local radio access network transceivers throughout the stadium to provide improved wireless connectivity to end users with cellular devices).
Claim 19, as analyzed with respect to the limitations as discussed in claim 9.
Claim 20, as analyzed with respect to the limitations as discussed in claim 10.
Claim(s) 2 and 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luft in view of Qi and further in view of US 2016/0294898 A1 herein Wheelock.
Claim 2, Luft in view of Qi discloses the automated process of claim 1.
Luft may not explicitly disclose the dedicating comprises the distribution management system dynamically reacting to the identified shared media programs to create the multi-cast channel.
Wheelock discloses the dedicating comprises the distribution management system dynamically reacting to the identified shared media programs to create the multi-cast channel (0050, each TV channel may have its own multicast. A multicast is joined when requested from a subscriber. If the multicast is not already joined in a service group, then the first join from any subscriber in that service group starts it). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include starting a multicast for a channel upon the first subscriber request in a service group, as taught by Wheelock, so as to conserve network bandwidth (0050).
Claim 11, as analyzed with respect to the limitations as discussed in claim 1. Luft discloses the distribution management system having a processor, a non-transitory data storage and an interface to support communications with a plurality of customer devices via a plurality of distribution nodes, wherein the non-transitory data storage comprises computer-executable instructions that, when executed by the processor, perform an automated process (00064, these components are implemented by program code stored in a memory being executed by a processor to perform the described functions; 00097, the components are deployed as a network appliance with a memory for storing program code and data, a processor for executing the program code and processing the data, and a mass storage device, and one or more other network interfaces may also be included).
Luft may not explicitly disclose in response to the identifying, the distribution management system dedicating, for each of the identified shared media programs, a multi-cast channel.
Wheelock discloses in response to the identifying, the distribution management system dedicating, for each of the identified shared media programs, a multi-cast channel (0050, each TV channel may have its own multicast. A multicast is joined when requested from a subscriber. If the multicast is not already joined in a service group, then the first join from any subscriber in that service group starts it). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include starting a multicast for a channel upon the first subscriber request in a service group, as taught by Wheelock, so as to conserve network bandwidth (0050).
Claim 12, as analyzed with respect to the limitations as discussed in claim 3.
Claim 13, Luft in view of Qi and further in view of Wheelock discloses the distribution management system of claim 11.
Luft discloses the selected distribution node is one of several distribution nodes in
simultaneous communication with the customer devices placing the requests for the shared media devices (00245, local radio access network transceivers are configured throughout the stadium to provide improved wireless connectivity to end users with cellular devices, and the underlying principles may be used with a combination of WiFi and cellular connectivity; 00248, tens of thousands of end users will drive a massive amount of data traffic to the stadium and this number of unicast streams would render the RANs and local network inoperable, thus several distribution nodes in simultaneous communication with the requesting devices).
Luft may not explicitly disclose the multi-cast channel is provided on the selected distribution node but not on the other nodes of the several distribution nodes.
Qi discloses the multi-cast channel is provided on the selected distribution node but not on the other nodes of the several distribution nodes (0083, a UE re-selecting among cells in equal priority frequencies may rely on a list of cells identified by PCI list. However, UE may only be able to identify that only in cell PCl1-2 and PCl2-1 the MBS that UE is interested in or is receiving is provided or will be provided). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include providing a multicast service in only certain of the cells known to the user equipment, as taught by Qi, so as to provide efficient network resource management and allocation between user mobile stations and wireless access network nodes (0003).
Claim 14, as analyzed with respect to the limitations as discussed in claim 9
Claim 15, as analyzed with respect to the limitations as discussed in claim 10.
Claim 16, Luft in view of Qi and further in view of Wheelock discloses the distribution management system of claim 11.
Luft may not explicitly disclose each of the plurality of distribution nodes is a 5G cellular access point, and the customer devices are in simultaneous communication with multiple 5G cellular access points.
Qi discloses each of the plurality of distribution nodes is a 5G cellular access point (0030, the base stations may include at least one evolved NodeB (eNB) for 4G LTE, or a next generation NodeB (gNB) for 5G New Radio (NR)), and the customer devices are in simultaneous communication with multiple 5G cellular access points (0032, each base station may further support at least one cell and a physical location may be covered by multiple cells, thus communication with multiple access points). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include a next generation NodeB for 5G New Radio supporting cells that cover a physical location, as taught by Qi, so as to provide efficient network resource management and allocation between user mobile stations and wireless access network nodes (0003).
Claim 17, as analyzed with respect to the limitations as discussed in claim 16. Luft discloses WLAN access point (Abstract, Wifi, 0205, Wifi).
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luft in view of Qi and further in view of US 2007/0248088 A1 herein Lim.
Claim 5, Luft in view of Qi discloses the automated process of claim 4.
Luft may not explicitly disclose the identifying further comprises recognizing that the customer devices placing the requests for the shared media programs are in communication with the same one of the plurality of distribution nodes.
Lim discloses the identifying further comprises recognizing that the customer devices placing the requests for the shared media programs are in communication with the same one of the plurality of distribution nodes (0037, cells are identified that are both in the multicast service area and contain at least one user terminal that both subscribes to the multicast service and is in a state allowing the location of the mobiles to be known to cell level). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include identifying the cells containing a terminal that subscribes to the multicast service, as taught by Lim, so as to avoid the waste of transmit power and channelisation codes and the increased radio interference within and between cells that result from transmitting the multicast message to cells that contain no user terminals intended to receive that message (0006).
Claim 6, Luft in view of Qi and further in view of Lim discloses the automated process of claim 5.
Lim discloses the selected distribution node is the same one of the plurality of distribution nodes that is in communication with the customer devices placing the requests for the shared media devices (0043, upon receiving an indication from any interested mobile in a cell, the network broadcasts the session to that cell. The network notes the particular cell as transiting to the Active state. The interested mobile or mobiles in that cell receives/receive the multicast service).
Claim 7, Luft in view of Qi and further in view of Lim discloses the automated process of claim 6.
Luft may not explicitly disclose the dedicating comprises assigning a multicast internet protocol (IP) address on a downlink interface of the selected distribution node.
Qi discloses the dedicating comprises assigning a multicast internet protocol (IP) address on a downlink interface of the selected distribution node (0074, the MBS configuration might include the time and frequency domain resource allocation information per cell of the MBS session, thus a downlink interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luft to include allocating the time and frequency domain resources of the multicast session per cell, as taught by Qi, so as to provide efficient network resource management and allocation between user mobile stations and wireless access network nodes (0003).
Claim 8, as analyzed with respect to the limitations as discussed in claim 13.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20150043580 A1 - A method and system for managing live, linear, and repetitive video stream transmissions in limited multicast resource systems are provided. The method includes monitoring OTT content streams flow in the broadband network; determining a delivery mode for each of the monitored OTT content streams, wherein the determination is based on at least one decision parameter, wherein the deliver mode is any one of a multicast mode and a unicast mode; and switching from a current delivery mode to the determined delivery mode when the current mode and determined delivery mode are not the same.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mehmood B. Khan whose telephone number is (571) 272-9277. The examiner can normally be reached M-F 9:30 am-6:30 pm. 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, Asad Nawaz can be reached at (571) 272-3988. 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.
/Mehmood B. Khan/ Primary Examiner, Art Unit 2463
