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, filed 01/23/2026, with respect to the rejection(s) of claim(s) 1 and 8 under the combination of prior arts 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 Therefore, the rejection has been withdrawn.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 Li (CN 115915279 A).
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) 1-3, 8-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US pg. no. 20240179565), further in view of Zhang “Session-based Tunnel Scheduling Model in Multi-link Aggregate IPSec VPN”, further in view of Li (CN 115915279 A).
Regarding claim 1.Yu discloses a device (fig. 1 local SDWAN controller 110), comprising:
a first network link ([0018] The virtual SDWAN interface 112 selects between multiple uplinks 101 (first network link),102 for routing each session to the remote SDWAN controller 120); and
/a second network link, the device ([0026] multiple uplinks; [0018] The virtual SDWAN interface 112 selects between multiple uplinks 101,102 (second network link) for routing each session to the remote SDWAN controller 120, for a first data packet of a new session. Network conditions or other load balancing factors can affect selection decisions. A phase 2 IPSec table tracks uplink selections for subsequent data packets of the same session. The subsequent packets are sent along the same uplink, unless an update has occurred in the midst of a session) operable to:
obtain a first session packet of a plurality of session packets belonging to a session, where the session is queued to be transmitted from the device ([0026], fig. 3 and fig. 4 discloses at step 310 receive a first data packet from a network session of a client, and responsive to receiving a first data packet is from a particular session of a client as a source having a destination behind the remote SDWAN controller, load balancing amongst multiple uplinks is performed for the particular session, at step 320, as described in more detail below with respect to FIG. 4 that is at 410-monitor conditions of multiple links; 420 receive forwarded first data packet of a session; 430-select one of the multiple uplinks for the new session based on uplink conditions. Responsive to receiving a subsequent data packets of the particular session, at step 330, the subsequent data packets of the particular session are forwarded to the selected IPSec tunnel);
assign the first session packet to the first network link…, the first network link connecting the device to a second device (([0026], fig. 3 and fig. 4 discloses at step 310, responsive to receiving a first data packet is from a particular session of a client as a source having a destination behind the remote SDWAN controller, load balancing amongst multiple uplinks is performed for the particular session, at step 320, as described in more detail below with respect to FIG. 4 that is at 410-monitor conditions of multiple links; 420 receive forwarded first data packet of a session; 430-select one of the multiple uplinks for the new session based on uplink conditions. Responsive to receiving a subsequent data packets of the particular session, at step 330, the subsequent data packets of the particular session are forwarded to the selected IPSec tunnel; ([0018] The virtual SDWAN interface 112 (part of the first device) selects between multiple uplinks 101 (first network link),102 for routing each session to the remote SDWAN controller 120 (part of the second devoice));
queue the first session packet to be transmitted via the first network link (([0026], fig. 3 and fig. 4 discloses at step 310, responsive to receiving a first data packet is from a particular session of a client as a source having a destination behind the remote SDWAN controller, load balancing amongst multiple uplinks is performed for the particular session, at step 320, as described in more detail below with respect to FIG. 4 that is at 410-monitor conditions of multiple links; 420 receive forwarded first data packet of a session; 430-select one of the multiple uplinks for the new session based on uplink conditions. The queue at each link of the multi-links corresponds to the queue that stores data to be transmitted on the corresponding link. Responsive to receiving a subsequent data packets of the particular session, at step 330, the subsequent data packets of the particular session are forwarded to the selected IPSec tunnel);
obtain a second session packet of the plurality of session packets; and assign the second session packet to the first network link ([0026], fig. 3 and fig. 4 discloses at step 310, responsive to receiving a first data packet is from a particular session of a client as a source having a destination behind the remote SDWAN controller, load balancing amongst multiple uplinks is performed for the particular session, at step 320, as described in more detail below with respect to FIG. 4 that is at 410-monitor conditions of multiple links; 420 receive forwarded first data packet of a session; 430-select one of the multiple uplinks for the new session based on uplink conditions. Responsive to receiving a subsequent data packets of the particular session, at step 330, the subsequent data packets of the particular session are forwarded to the selected IPSec tunnel).
But, Yu does not explicitly disclose: assign the first session packet to the first network link based on a link weight determined for the first network link, the first network link connecting the device to a second device;
However, in the same field of endeavor, Zhang discloses assign the first session packet to the first network link based on a link weight determined for the first network link, the first network link connecting the device to a second device (Section III, Multi-link Aggregate IPSec VPN Architecture discloses for each link, M-IKE assigns a weight value to it, and also saves this weight value to corresponding tunnel information. The weight is the measure of link capability and the link which has higher capability is assigned greater weight value. Weight value will be written into IPSec within the SP after tunnel negotiating successfully, and IPSec will use it in Tunnel Scheduling; page 508, col. 2 discloses For the outbound plain IP packets, the system does the handle as follows: (1) Calculate the HASH key with the quintuple (source_ip, dest_ip, protocol, source_port, dest_port) of the plain IP packet; (2) Traverse the collision session queue of the HASH key in the Session Simple HASH Table to search a corresponding session which has the same quintuple; (3) If a matched session is found, use the SP (first network link) referenced by the er field in the session to handle the IP packets; (page 508, col. 1 discloses calculating weight for each SP (link) and when a new packet for a new session is received, select SP that satisfies weight requirement as indicated in algorithm);
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 Yu with Zhang. The modification would allow dynamic session based load allocation to links that enable fair allocation based on the link capacity weight for efficient session distribution to links.
But, the combination does not explicitly disclose:
wherein the first network link and the second network link are wireless links between the device and the second device that are simultaneously available as part of an IEEE 802.1 1be multi-link operation (MLO);
However, in the same field of endeavor, Li further inherently discloses what Zhang discloses that is assign the first session packet to the first network link based on a link weight determined for the first network link, the first network link connecting the device to a second device (page 2, lines 17-23 discloses according to the total expected throughput of the downlink data and the actual available throughput of each link, assign link bandwidth to each link, including: when the actual available throughput of each link When the sum is greater than or equal to the total expected throughput of the downlink data, assign link bandwidth to each link in proportion according to the capabilities of each link (weight); when the sum of the actual available throughput of each link is less than the total expected throughput of the downlink data When the total expected throughput is calculated, the link bandwidth is allocated to each link according to the maximum throughput of each link);
Li further explicitly disclose wherein the first network link and the second network link are wireless links between the device and the second device that are simultaneously available as part of an IEEE 802.1 1be multi-link operation (MLO) (page 4, lines 13-19 and FIG. 1 and is a schematic diagram of an 802.11be (WiFi7) multi-link application scenario according to an embodiment of the present invention. As shown in Figure 1, … Each of AP MLD and STA MLD (first and second device) are connected to multiple different links (2.4G/5G/6G) (first and second links). Therefore, data can be sent and received on multiple links at the same time);
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 Li. The modification would allow through MLO, combining multiple single links, access points and stations that can have the ability to send and receive data at the same time for maximizing throughput.
Regarding claim 2. The combination discloses device of claim 1.
Zhang discloses, wherein the device is further operable to save a configuration of the assignment of the first session packet to the first network link (page 506, col. 2 discloses Session Management creates a new session structure and inserts it to session table when a new session communication packet received. While the subsequent packets incoming, Session Management will search session table and find the existing session structure for the packets. If a session finished, Session Management will remove corresponding structure; page 507, col. 1 discloses The important fields of the session structure are the quintuple (source_ip, dest_ip, protocol, source_port, dest_port). These fields are used to distinguish different sessions. The field er points to the IPSec SP which is
referenced by this session, and all packets of the session will be processed according it. We record the create time and the latest packet handle time in session, and set timer to expire a session if no packets of that session received within a period of time. We will delete the expired session to release memory).
Regarding claim 3. The combination discloses device of claim 2.
Zhang further discloses, wherein in response to the device assigning a last session packet of the plurality of session packets to the first network link, the device is further operable to erase the configuration that was saved of the assignment of the first session packet to the first network link (page 506, col. 2 discloses Session Management creates a new session structure and inserts it to session table when a new session communication packet received. While the subsequent packets incoming, Session Management will search session table and find the existing session structure for the packets. If a session finished (a last session packet of the plurality of session packets is assigned), Session Management will remove corresponding structure; page 507, col. 1 discloses The important fields of the session structure are the quintuple (source_ip, dest_ip, protocol, source_port, dest_port). These fields are used to distinguish different sessions. The field er points to the IPSec SP which is referenced by this session, and all packets of the session will be processed according it. We record the create time and the latest packet handle time in session, and set timer to expire a session if no packets of that session received within a period of time. We will delete the expired session to release memory).
Regarding claim 8. The combination discloses a method, comprising:
All other limitations of claim 8 are similar with the limitations of claim 1 above.
Regarding claim 9. The combination discloses method of claim 8.
All other limitations of claim 9 is similar with the limitations of claim 2 above, and is rejected on the analysis of claim 2 above.
Regarding claim 10. The combination discloses method of claim 9.
All other limitations of claim 10 are similar with the limitations of claim 3 above, and is rejected on the analysis of claim 3 above.
Regarding claim 11. The combination discloses method of claim 8.
Yu further discloses, further comprising transmitting the plurality of session packets via the first network link (fig. 3 and fig. 4 discloses receive first data packet of a session, load balance the packet multiple available links by selecting one of the links; transmit subsequent data packets of the session on the selected link; [0018] The virtual SDWAN interface 112 selects between multiple uplinks 101,102 for routing each session to the remote SDWAN controller 120, for a first data packet of a new session. Network conditions or other load balancing factors can affect selection decisions. A phase 2 IPSec table tracks uplink selections for subsequent data packets of the same session. The subsequent packets are sent along the same uplink).
Regarding claim 12. The combination discloses method of claim 8, wherein the session is a subset of a plurality of sessions, and where each of the plurality of sessions are queued to be transmitted from the first network device to the second network device ([0018] The virtual SDWAN interface 112 selects between multiple uplinks 101,102 for routing each session to the remote SDWAN controller 120, for a first data packet of a new session. Network conditions or other load balancing factors can affect selection decisions. A phase 2 IPSec table tracks uplink selections for subsequent data packets of the same session. The subsequent packets are sent along the same uplink. The session can be one of a plurality of session subsets; [0026] Responsive to receiving a subsequent data packets of the particular session, at step 330, the subsequent data packets of the particular session are forwarded to the selected IPSec tunnel).
Regarding claim 13. The method of claim 12, further comprising:
obtaining a third session packet of a second plurality of session packets belonging to a second session (fig. 4 discloses receive forwarded first data packet of a session (the session could be a second session and the packet could be the third packet); select one of the multiple uplinks for the new session based on uplink conditions);
assigning the third session packet to a second network link (fig. 4 discloses receive forwarded first data packet of a session (the session could be a second session and the packet could be the third packet); select one of the multiple uplinks for the new session based on uplink conditions; );
queuing the third session packet to be transmitted from the first network device to the second network device via the second network link (fig. 3 and fig. 4 discloses receive first data packet of a session, load balance the packet multiple available links by selecting one of the links; transmit subsequent data packets of the session on the selected link. Queuing before transmission corresponds to queuing);
obtaining a fourth session packet of the second plurality of session packets (fig. 3 and fig. 4 discloses receive first data packet of a session (corresponds to the third data packet of a new session), load balance the packet multiple available links by selecting one of the links; transmit subsequent data packets (fourth packet) of the session on the selected link. Q); and
assigning the fourth session packet to the second network link (fig. 3 and fig. 4 discloses receive first data packet of a session (corresponds to the third data packet of a new session), load balance the packet multiple available links by selecting one of the links; transmit subsequent data packets (fourth packet) of the session on the selected link. Q);
Zhang discloses assigning the third session packet to a second network link based on a second link weight determined for the second network link between the first network device and the second network device ((page 508, col. 1 discloses calculating weight for each SP (link) and when a new packet for a new session is received, select SP that satisfies weight requirement as indicated in algorithm);
Regarding claim 14. The combination discloses method of claim 13.
Yu discloses, wherein the first network link is the same as the second network link (claim 3 discloses wherein the multiple uplinks comprise one or more of an LTE link and a broadband link).
Regarding claim 20. The combination discloses method of claim 8.
Yu discloses wherein the second session packet is assigned to the first network link based on the first session packet being assigned to the first network link ((fig. 3 and fig. 4 discloses receive first data packet of a session, load balance the packet multiple available links by selecting one of the links; transmit subsequent data packets of the session on the selected link);
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yu (US pg. no. 20240179565), further in view of and Zhang “Session-based Tunnel Scheduling Model in Multi-link Aggregate IPSec VPN”, and Li (CN 115915279 A), further in view of Qi (CN111343097A).
Regarding claim 4. The combination discloses device of claim 1.
Li discloses, wherein the first network link is a wireless connection (page 4, lines 13-19 and FIG. 1 and is a schematic diagram of an 802.11be (WiFi7) multi-link application scenario according to an embodiment of the present invention. As shown in Figure 1, … Each of AP MLD and STA MLD (first and second device) are connected to multiple different links (2.4G/5G/6G) (first and second links). Therefore, data can be sent and received on multiple links at the same time)).
But, the combination does not explicitly disclose: the link weight is determined by obtaining at least a first bandwidth for the first network link and a second bandwidth for a second network link and determining a ratio between the first bandwidth and the second bandwidth.
However, in the same field of endeavor, Qi discloses the link weight is determined by obtaining at least a first bandwidth for the first network link and a second bandwidth for a second network link and determining a ratio between the first bandwidth and the second bandwidth (page 4, lines 40-49 discloses For example, in a campus network with multiple outlets, there are three telecommunications outlet links and two Unicom outlet links. The bandwidth of the telecommunications outlet link is 1000Mbps, 500Mbps, and 500Mbps, while the bandwidth of the Unicom outlet link is 1000Mbps and 800Mbps, respectively. . Based on the bandwidth of each link of each operator, configure the weight ratio of the export links of the same operator according to the bandwidth. For example, if the bandwidth ratio of the three telecommunications links is 2:1:1, then the configuration weight ratio is 2:1 :1, the bandwidth ratio of the two links of China Unicom is 5:4, so the configuration weight ratio is 5:4. This can make full use of the bandwidth of each egress link. When a large amount of traffic occurs, the egress link traffic can be shared according to the configured weight ratio. The telecommunications link traffic ratio is about 2:1:1, and the China Unicom link traffic ratio is about 2:1:1. It is 5:4).
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 Qi, The modification would allow proportional allocation of traffic to links that have differing capacity to enable uncongested communication from overloading links beyond their capacity.
Regarding claim 15. The combination discloses method of claim 8.
But, the combination does not explicitly disclose, wherein the first network link is a wireless connection, and the link weight is determined by obtaining at least a first bandwidth for the first network link and a second bandwidth for a second network link and determining a ratio between the first bandwidth and the second bandwidth.
However, in the same field of endeavor, Qi discloses wherein the first network link is a wireless connection (page 10, lines 49-51 discloses The program code contained on the computer-readable medium can be transmitted 50 by any suitable medium, including but not limited to: wireless, wire, optical cable, RF, etc., or any suitable
51 combination of the above), and the link weight is determined by obtaining at least a first bandwidth for the first network link and a second bandwidth for a second network link and determining a ratio between the first bandwidth and the second bandwidth (page 4, lines 40-49 discloses For example, in a campus network with multiple outlets, there are three telecommunications outlet links and two Unicom outlet links. The bandwidth of the telecommunications outlet link is 1000Mbps, 500Mbps, and 500Mbps, while the bandwidth of the Unicom outlet link is 1000Mbps and 800Mbps, respectively. . Based on the bandwidth of each link of each operator, configure the weight ratio of the export links of the same operator according to the bandwidth. For example, if the bandwidth ratio of the three telecommunications links is 2:1:1, then the configuration weight ratio is 2:1 :1, the bandwidth ratio of the two links of China Unicom is 5:4, so the configuration weight ratio is 5:4. This can make full use of the bandwidth of each egress link. When a large amount of traffic occurs, the egress link traffic can be shared according to the configured weight ratio. The telecommunications link traffic ratio is about 2:1:1, and the China Unicom link traffic ratio is about 2:1:1. It is 5:4).
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 Qi, The modification would allow proportional allocation of traffic to links that have differing capacity to enable uncongested communication from overloading links beyond their capacity.
Claim(s) 5-7 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yu (US pg. no. 20240179565), further in view of and Zhang “Session-based Tunnel Scheduling Model in Multi-link Aggregate IPSec VPN”, and Li (CN 115915279 A), further in view of Che (CN107708216A).
Regarding claim 5. The combination discloses device of claim 1.
Yu discloses, wherein the first network link is a wired connection ([0017] The components of the system 100 are coupled in communication over the data communication network. The components can be connected to the data communication system via hard wire (e.g., virtual SDWAN interface 112, local SDWAN controller 110, and remote SDWAN controller 120). The components can also be connected via wireless networking (e.g., stations 115, 125)).
The combination does not explicitly disclose: the link weight is determined by obtaining a first negotiated physical layer (PHY) rate for the first network link and a second negotiated PHY rate for a second network link and determining a ratio between the first negotiated PHY rate and the second negotiated PHY rate.
However, in the same field of endeavor, Che discloses the link weight is determined by obtaining a first negotiated physical layer (PHY) rate for the first network link and a second negotiated PHY rate for a second network link and determining a ratio between the first negotiated PHY rate and the second negotiated PHY rate (page 10, lines 50-54 discloses the transmission rate weight of the first data channel is 5/9, and the transmission rate of the second data channel is 4/9. Then, the ratio of the transmission rate weight of the first data channel to the transmission rate weight of the second data channel is 5:4, and the data link allocation ratio of the first data channel and the second data channel is 5:4).
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 Che. The modification would allow allocating data to links according to link capacity to avoid congestion in links.
Regarding claim 6. The combination discloses system of claim 1.
But, the combination does not explicitly disclose: wherein the link weight is determined by obtaining a first rolling average physical layer (PHY) rate for the first network link and a second rolling average PHY rate for a second network link and determining a ratio between the first rolling average PHY rate and the second rolling average PHY rate.
However, in the same field of endeavor, Che discloses wherein the link weight is determined by obtaining a first rolling average physical layer (PHY) rate for the first network link and a second rolling average PHY rate for a second network link and determining a ratio between the first rolling average PHY rate and the second rolling average PHY rate (page 10, lines 50-54 discloses if the first average transmission rate wlan1_avg is 150 bps . The average being on a continuous time series of transmission rate of a channel to be used to determine allocation weight, it corresponds to being a rolling or moving average) and the second average transmission rate wlan2_avg is 120 bps (second rolling average physical layer (PHY) rate)…Then, the ratio of the transmission rate weight of the first data channel to the transmission rate weight of the second data channel is 5:4).
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 Che. The modification would allow smoothing a varying data over average on a time series and using smoothed link capacity to allocate data to links according to smoothed link capacity to avoid congestion in links and fluctuating link capacity value.
Regarding claim 7. The combination discloses system of claim 1.
But, the combination does not explicitly disclose, wherein the link weight is determined by obtaining a first rolling average data rate for the first network link and a second rolling average data rate for a second network link and determining a ratio between the first rolling average data rate and the second rolling average data rate.
However, in the same field of endeavor, Che discloses wherein the link weight is determined by obtaining a first rolling average data rate for the first network link and a second rolling average data rate for a second network link and determining a ratio between the first rolling average data rate and the second rolling average data rate (page 10, lines 50-54 discloses if the first average transmission rate wlan1_avg is 150 bps and the second average transmission rate wlan2_avg is 120 bps, the transmission rate weight of the first data channel is 5/9, and the transmission rate of the second data channel is 4/9. Then, the ratio of the transmission rate weight of the first data channel to the transmission rate weight of the second data channel is 5:4, and the data link allocation ratio of the first data channel and the second data channel is 5:4).
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 Che. The modification would allow smoothing a varying data over average on a time series and using smoothed link capacity to allocate data to links according to smoothed link capacity to avoid congestion in links and fluctuating link capacity value.
Regarding claim 16. The combination discloses method of claim 8.
All other limitations of claim 16 are similar with the limitations of claim 5 above, and is rejected on the analysis of claim 5.
Regarding claim 17. The combination discloses method of claim 8.
All other limitations of claim 17 are rejected on the analysis of claim 6 above, and is rejected based on claim 6.
Regarding claim 18. The combination discloses method of claim 8.
All other limitations of claim 18 are rejected on the analysis of claim 7 above, and is rejected based on claim 8.
Regarding claim 19. The combination discloses method of claim 8.
But, the combination does not explicitly disclose further comprising in response to satisfying a threshold, updating the link weight.
However, in the same field of endeavor, Che discloses, further comprising in response to satisfying a threshold, updating the link weight (page 11, lines 39-46 discloses After calculating the transmission rate weight of the first data channel, determine whether the first real-time 40 transmission rate and the second real-time transmission rate are both lower than a preset threshold, if both the 41 first real-time transmission rate and the second real-time transmission rate are lower than a preset value The 42 threshold value determines whether the transmission rate weight of the first data channel is greater than a first 43 preset threshold or less than a second preset threshold, if the transmission rate right of the first data channel is 44 greater than a first preset threshold or less than a second preset The threshold, the third preset data link 45 allocation ratio is set to the data link allocation ratio of the first data channel and the second data channel, ie, 46 weight_ratio=7:3).
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 Che. The modification load balancing considering current link capacity.
Conclusion
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 MESSERET F. GEBRE whose telephone number is (571)272-8272. The examiner can normally be reached 9:00 am-5:30PM.
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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.
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/MESSERET F GEBRE/Primary Examiner, Art Unit 2445
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