Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claim 5 objected to because of the following informalities: missing a "to" before "receive the communication packet from an external device". Appropriate correction is required.
Claim Interpretation
3. 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 sequence information acquisition unit configured to acquire sequence information of the communication packet and the reception confirmation packet”, and
“a round-trip time estimation unit configured to estimate a round-trip time based on an acquisition result by the sequence information acquisition unit and three timings of: a transmission time of at least one of the communication packet; a reception time of one reception confirmation packet; and a transmission time of another communication packet or a reception time of another reception confirmation packet.” in claim 1.
“a packet generation unit configured to generate a packet” in claim 4.
“a packet reception unit configured receive the communication packet from an external device” in claim 5.
“a scheduling unit configured to process the communication packet and the reception confirmation packet” in claim 6.
“a determination value calculation unit configured to calculate a plurality of upper limits and a plurality of lower limits of the round-trip time for a plurality of samples in a predetermined measurement period”, and
“a fluctuation range estimation unit configured to, when the upper limit determination value calculated by the determination value calculation unit is smaller than the lower limit determination value, estimate a difference between the upper limit determination value and the lower limit determination value as a lower limit of a fluctuation range of the round-trip time” in claim 8
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.
Claim Rejections - 35 USC § 112
4. 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.
The term “relatively small” in claim 7 is a relative term which renders the claim indefinite. The term “relatively small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, "calculated estimation error" has been rendered indefinite because it is not possible to ascertain the degree of error.
Claim Rejections - 35 USC § 102
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3 - 5, and 9 - 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell (U.S. Pub. No. 20100238828 A1).
Regarding claim 1, Russell teaches a communication device configured to transmit a communication packet to a counterpart device and receive a reception confirmation packet for the communication packet from the counterpart device ([0019]: The sender sends a data packet 115 at time T1. The recipient sends an acknowledgement packet 120 back to the sender. [claim 8]: co-located with the first node such that prior to or concurrent with the transmission of the data packet from the first node to the second node, the timer module has initiated a timer for that packet. Examiner note: also see the last sentence in [0020].), the communication device comprising: a sequence information acquisition unit configured to acquire sequence information of the communication packet and the reception confirmation packet ([0021]: The monitoring module is configured to interrogate the header portions of the data packets being transmitted within the network. A monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.); and a round-trip time estimation unit configured to estimate a round-trip time based on an acquisition result by the sequence information acquisition unit ([0021]: A processor 220 is configured to use each of the first and second data stores so as to measure RTT times by setting a new timer each time new data SEQ is seen flowing out, and expire the timer whenever an ACK covering that sequence-number range returns.) and three timings of: a transmission time of at least one of the communication packet ([0019]: The sender sends a data packet 115 at time T1.); a reception time of one reception confirmation packet ([0019]:This is received at the sender at time T2. [0022]: an RTT is calculated only if the received ACK directly matches a SEQ.); and a transmission time of another communication packet or a reception time of another reception confirmation packet ([0036]: even if the receiver does delay ACKs, it will never do so for more than one packet at a time and as such if it is delaying an ACK, and it receives a new packet, it will then immediately generate an ACK covering both of them.).
Regarding claim 3, Russell teaches the subject matter disclosed in claim 1. Russell further teaches wherein the round-trip time estimation unit sets a condition that one reception confirmation packet has been received after transmission of two communication packets ([0036]: even if the receiver does delay ACKs, it will never do so for more than one packet at a time and as such if it is delaying an ACK, and it receives a new packet, it will then immediately generate an ACK covering both of them.), and the two communication packets include an earlier communication packet ([0021]: a new timer each time new data SEQ is seen flowing out, and expire the timer whenever an ACK covering that sequence-number range returns. [0036]: that a returning ACK directly acknowledges one timer and also expires one or more previously outstanding timers too.), and the round-trip time is estimated based on a transmission time of the two communication packets and a reception time of the one reception confirmation packet ([0021]: Measure RTT times by setting a new timer each time new data SEQ is seen flowing out, and expire the timer whenever an ACK covering that sequence-number range returns. [0036]: that a returning ACK directly acknowledges one timer and also expires one or more previously outstanding timers too.), when sequence information of the earlier communication packet matches sequence information of the reception confirmation packet ([0022]: as each outgoing SEQ has a timer associated with it, on receipt of an ACK, an RTT is calculated only if the received ACK directly matches a SEQ. [0024]: the value of the timer should be discarded unless the ACK is for exactly the end of the sequence number range recorded), or when sequence information between sequence information of the two communication packets matches the sequence information of the reception confirmation packet (Examiner note: due to the “or” conjunction this last limitation is not given patentable weight).
Regarding claim 4, Russell teaches the subject matter disclosed in claim 1. Russell further teaches a packet generation unit configured to generate a packet ([claim 8]: co-located with the first node such that prior to or concurrent with the transmission of the data packet from the first node to the second node, the timer module has initiated a timer for that packet. Examiner note: also see the last sentence in [0020]. [0019]: a packet flow between a sender S (105) and a recipient R (110) within a data packet network. The sender sends a data packet 115 at time T1.), wherein the sequence information acquisition unit is configured to acquire the sequence information of the communication packet generated by the packet generation unit ([0021]: The monitoring module is configured to interrogate the header portions of the data packets being transmitted within the network. A monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.).
Regarding claim 5, Russell teaches the subject matter disclosed in claim 1. Russell further teaches a packet reception unit configured receive the communication packet from an external device (claim 8]: co-located with the first node such that prior to or concurrent with the transmission of the data packet from the first node to the second node, the timer module has initiated a timer for that packet. Examiner note: also see the last sentence in [0020]. [0019]: the recipient sends an acknowledgement packet 120 back to the sender. This is received at the sender at time T2.), wherein the sequence information acquisition unit is configured to acquire sequence information of the communication packet received by the packet reception unit from the external device ([0021]: The monitoring module is configured to interrogate the header portions of the data packets being transmitted within the network. A monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.).
Regarding claim 9, Russell teaches a round-trip time estimation method comprising causing a communication device configured to transmit a communication packet to a counterpart device and receive a reception confirmation packet for the communication packet from the counterpart device ([0019]: The sender sends a data packet 115 at time T1. The recipient sends an acknowledgement packet 120 back to the sender.), to: acquire sequence information of the communication packet; acquire sequence information of the reception confirmation packet ([0021]: The monitoring module is configured to interrogate the header portions of the data packets being transmitted within the network. A monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.); and estimate a round-trip time based on an acquisition result and three timings of ([0021]: A processor 220 is configured to use each of the first and second data stores so as to measure RTT times by setting a new timer each time new data SEQ is seen flowing out, and expire the timer whenever an ACK covering that sequence-number range returns.): a transmission time of at least one of the communication packet ([0019]: The sender sends a data packet 115 at time T1.); a reception time of one reception confirmation packet ([0019]:This is received at the sender at time T2. [0022]: an RTT is calculated only if the received ACK directly matches a SEQ.); and a transmission time of another communication packet or a reception time of another reception confirmation packet ([0036]: even if the receiver does delay ACKs, it will never do so for more than one packet at a time and as such if it is delaying an ACK, and it receives a new packet, it will then immediately generate an ACK covering both of them.).
Regarding claim 10, Russel teaches a non-transitory computer-readable storage medium storing a round-trip time estimation program causing a controller of a communication device configured to transmit a communication packet to a counterpart device and receive a reception confirmation packet for the communication packet from the counterpart device ([0019]: The sender sends a data packet 115 at time T1. The recipient sends an acknowledgement packet 120 back to the sender.), to: acquire sequence information of the communication packet; acquire sequence information of the reception confirmation packet ([0021]: The monitoring module is configured to interrogate the header portions of the data packets being transmitted within the network. A monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.); and estimate a round-trip time based on an acquisition result ([0021]: A processor 220 is configured to use each of the first and second data stores so as to measure RTT times by setting a new timer each time new data SEQ is seen flowing out, and expire the timer whenever an ACK covering that sequence-number range returns.) and three timings of: a transmission time of at least one of the communication packet ([0019]: The sender sends a data packet 115 at time T1.); a reception time of one reception confirmation packet ([0019]:This is received at the sender at time T2. [0022]: an RTT is calculated only if the received ACK directly matches a SEQ.); and a transmission time of another communication packet or a reception time of another reception confirmation packet ([0036]: even if the receiver does delay ACKs, it will never do so for more than one packet at a time and as such if it is delaying an ACK, and it receives a new packet, it will then immediately generate an ACK covering both of them.).
Claim Rejections - 35 USC § 103
6. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Russell (U.S. Pub. No. 20100238828 A1) in view of Attar et al. (U.S. Pub. No. 11128552 B2).
Regarding claim 2, Russell teaches the subject matter disclosed in claim 1, but Russell fails to teach claim 2.
However, Attar does teach wherein the round-trip time estimation unit sets a condition that two reception confirmation packets have been received ([Col. 15, Lines 47-51]: In response to determining that the ACK sequence number of the following packet doesn't match the expected ACK sequence number, the system 100 can ignore the following packet and goes back to step 408 to receive information a next packet received by the component. [claim 4]: analyzing third packet information of a next packet to determine a respective ACK sequence number of the next packet; and in response to a determination that the respective ACK sequence number of the next packet matches the expected ACK sequence number, determining a round trip time (RTT) of the first packet based upon the first packet information of the first packet and the third packet information of the next packet.) after transmission of one communication packet ([Col. 15, Lines 2-3]), the two reception confirmation packets include a later reception confirmation packet ([claim 4]: analyzing third packet information of a next packet to determine a respective ACK sequence number of the next packet.), and the round-trip time is estimated based on a transmission time of one communication packet ([Col. 15, Lines 14-16]: The system 100 can analyze the information of the first packet to determine a sending time, a packet sequence number and a packet size of the first packet, at step 404. [claim 4]: determining a round trip time (RTT) of the first packet based upon the first packet information of the first packet and the third packet information of the next packet.) and a reception time of two reception confirmation packets ([Col. 15, Lines 21-25]: The system 100 receives information of a following packet received by the component, at step 408. The system 100 can analyze received information of the following packet to determine an ACK sequence number and a receiving time of the following packet, at step 410. Examiner note: The reception time of this earlier reception packet is acquired as part of the same evaluation step that determines mismatch, and that mismatch determination is what necessarily causes the process to proceed to the later packet whose reception time is used in the final RTT estimation calculation. [claim 4]: analyzing third packet information of a next packet to determine a respective ACK sequence number of the next packet.), when sequence information of the later reception confirmation packet matches sequence information of the communication packet ([Col. 15, Lines 26-28]:The system 100 can compare the ACK sequence number of the following packet with the expected ACK sequence number, at step 412. [Col. 15, Lines 47-51]: In response to determining that the ACK sequence number of the following packet doesn't match the expected ACK sequence number, the system 100 can ignore the following packet and goes back to step 408 to receive information a next packet received by the component. [claim 4]: in response to a determination that the respective ACK sequence number of the next packet matches the expected ACK sequence number, determining a round trip time (RTT) of the first packet based upon the first packet information of the first packet and the third packet information of the next packet.), or when sequence information between sequence information of the two reception confirmation packets matches the sequence information of the communication packet (Examiner note: due to the “or” conjunction this last limitation is not given patentable weight). Russell teaches a round trip time (RTT) estimation method which discards a timer value whenever the first-checked ACK does not match. This loses the measurement instead of looking for a later, matching ACK, a likely scenario caused by a multitude of networking mechanisms. Attar teaches an RTT method for handling out of order reception confirmation packets. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Russell’s RTT method with that of Attar’s in order to provide a more robust RTT estimation method (Attar [Col. 15, Lines 47-51]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Russell (U.S. Pub. No. 20100238828 A1) in view of Tanaka (U.S. Pub. No. 20190082028 A1).
Regarding claim 6, Russell teaches the subject matter disclosed in claim 1. Russel further teaches wherein the sequence information acquisition unit is configured to acquire the communication packet and the reception confirmation packet on which processing has been scheduled by the scheduling unit ([0021]: monitoring module 200 comprises a first data store 205 for storing details of sequence number SEQ for individual data packets, a second data store 210 for storing details of acknowledgement numbers ACK for individual packets.). Russell fails to teach a scheduling unit configured to process the communication packet and the reception confirmation packet.
However, Tanaka does teach a scheduling unit configured to process the communication packet and the reception confirmation packet ([0031]: The communication control unit 111 controls the communication using the communication unit 101 and the like so that a message can be transmitted and received according to the schedule arranged by the arrangement unit 115.). Russell teaches a round trip time estimation method which does not discuss how to coordinate the RTT estimation method with other tasks and processes, a problem that could result in an ineffective RTT estimation. Tanaka teaches a method for handling the scheduling of communication processes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Russell’s teachings with that of Tanaka in order to prevent conflicting processing tasks from causing a failure in data reception (Tanaka [0048]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Russell (U.S. Pub. No. 20100238828 A1) in view of Lusilao-Zodi et al. (U.S. Pub. No. 20120307675 A1).
Regarding claim 7, Russell teaches the subject matter disclosed in claim 1, but Russell fails to teach claim 7.
However, Lusilao-Zodi does teach wherein the round-trip time estimation unit is configured to calculate, as an estimation error, a difference between an upper limit and a lower limit of the round-trip time for each of a plurality of samples in a predetermined measurement period ([0010]: the FMP filter to run in the background during the first time interval and to produce an FMP estimation error which is the difference between an output of the FMP filter and the RTT samples; for the FMP estimation error to be continually compared with an EMP estimation error which is the difference between an output of the EMP filter and the RTT samples), and estimate the round-trip time for a sample for which the calculated estimation error is relatively small ([0010]: the first switch-over time to be triggered when the FMP estimation error becomes equal to or less than the EMP estimation error.). Russell teaches an RTT estimation method which fails to incorporate error in the RTT estimation method. Lusilao-Zodi teaches an RTT estimation method with noise filtering to arrive at a more accurate RTT estimation. It would have been obvious before to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Russell’s method with that of Lusilao-Zodi in order to reduce noise in RTT estimations (Lusilao-Zodi [0005]).
Allowable Subject Matter
7. Claim 8 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hua et al. (C.N. Pub. No. 106656642 A) – discloses a sequence information acquisition unit and a round-trip time estimation unit configured to estimate a round-trip time based on an acquisition result by the sequence information acquisition unit and three timings of: a transmission time of at least one of the communication packet; a reception time of one reception confirmation packet; and a transmission time of another communication packet or a reception time of another reception confirmation packet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY K MANNAVA whose telephone number is (571)272-9505. The examiner can normally be reached 7:30-5 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Y. Lee can be reached at (571) 270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIJAY K MANNAVA/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
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