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 .
The amendment filed on 04/02/2026 has been entered. Applicant amended claims 1-2, 6-7, 9, and 11 in the amendment.
Claims 1-20 remain pending.
Response to Arguments
Applicant's arguments filed 04/02/2026 have been fully considered but they are not persuasive.
Applicant argued Bonaventure and Alkhatib do not teach “for each of the plurality of gateways in the network, advertising the public network address of the network client on the network” and “selecting a gateway from the plurality of gateways for routing service network traffic from the targeted network service to the network client.”
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., advertising a public network address at a plurality of gateways) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Bonaventure discloses selecting a gateway from the plurality of gateways for routing service network traffic from the targeted network service to the network client (FIG. 1 & [0091]: the conversion in the opposite direction from server 103 to client 100 over the first MPTCP subflow 122 is performed in a similar fashion; a TCP segment originating from the server 103 will be intercepted by the HAG 102 and converted to MPTCP segment 405; & [0041]: the HAG comprises a plurality of gateway servers each acting as gateway between the first access network and the networking node; by the HAG, load balancing the primary MPTCP subflow to one of the gateway servers; load balancing to one of the gateway servers corresponds to selecting a gateway).
Alkhatib discloses for each of the plurality of gateways in the network, advertising the public network address of the network client on the network ([0044]: other entities such as gateway 12 can be responsible for publishing the new public address for host A).
Applicant argued Bonaventure, Alkhatib, and Cohn fail to teach “each of the plurality of gateway devices configured to advertise a public network address that corresponds to the network client”.
In response to applicant’s argument, Alkhatib discloses each of the plurality of gateways configured to advertise a public network address that corresponds to the network client ([0044]: other entities such as gateway 12 can be responsible for publishing the new public address for host A).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., causing the network to recognize multiple gateway-originated routes to the same address) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
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 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, 3-5, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonaventure et al. (US 2019/0182363 A1), hereinafter Bonaventure, in view of Alkhatib et al. (US 2003/0233454 A1), hereinafter Alkhatib.
Regarding claim 1, Bonaventure discloses
A method of improving network performance by advertising a public network address of a network client at a plurality of gateways in a network, the method comprising:
receiving client network traffic from a network client (client 100, FIG. 1) at a first gateway (HCPE 101, FIG. 1) of a plurality of gateways, the client network traffic destined for a targeted network service (server/networking node 103, FIG. 1) ([0061]: a system for exchanging data over a TCP connection between a client 100 and a networking node 103; the TCP connection may be initiated by the client 100 in which case the node 103 acts as a server or vice versa; the system further comprises a Hybrid Customer Premises Equipment 101, further referred to as HCPE; the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113; & [0062]: the client 100 can establish a TCP connection with the server 103, i.e., a connection wherein both the client 100 and the server 103 maintain TCP state information in order to maintain a reliable connection; when sending data over the TCP connection to the server, the client sends the TCP segments to the HCPE 101);
routing the client network traffic to the targeted network service, the client network traffic routed from the network client to the targeted network service using a first communication path ([0062]: the client 100 can establish a TCP connection with the server 103, i.e., a connection wherein both the client 100 and the server 103 maintain TCP state information in order to maintain a reliable connection; when sending data over the TCP connection to the server, the client sends the TCP segments to the HCPE 101);
selecting a gateway from the plurality of gateways for routing service network traffic from the targeted network service to the network client (FIG. 1 & [0091]: the conversion in the opposite direction from server 103 to client 100 over the first MPTCP subflow 122 is performed in a similar fashion; a TCP segment originating from the server 103 will be intercepted by the HAG 102 ad converted to MPTCP segment 405; & [0041]: the HAG comprises a plurality of gateway servers each acting as gateway between the first access network and the networking node; by the HAG, load balancing the primary MPTCP subflow to one of the gateway servers; load balancing to one of the gateway servers corresponds to selecting a gateway);
receiving service network traffic from the targeted network service at the selected gateway ([0091]: the conversion in the opposite direction from server 103 to client 100 over the first MPTCP subflow 122 is performed in a similar fashion; a TCP segment originating from the server 103 will be intercepted by the HAG 102 ad converted to MPTCP segment 405); and
routing the service network traffic to the network client along a second communication path that includes the selected gateway ([0091]: during the conversion step 413 the source address information is preserved; the destination address information may be changed depending on whether NAT is applied by the HCPE; the client 100 then receives the single path TCP segment 406 in a transparent way, i.e., as if it was coming from server 103).
Bonaventure does not explicitly disclose
the network client having a private network address and a public network address;
routing the client network traffic to the targeted network service using the public network address of the network client as a source network address.
for each of the plurality of gateways in the network, advertising the public network address of the network client on the network;
However, Alkhatib discloses
the network client having a private network address and a public network address ([0033]: host A is assigned a private address from DHCP server 14 upon connection to network 10; host A subsequently requests gateway 12 to provide host A with a public address and to bind that public address to the private address for host A; host A subsequently publishes its new public address with server 30);
routing the client network traffic to the targeted network service using the public network address of the network client as a source network address ([0050]: gateway 12 sends the packets to host B using the public address for host A as the source address).
for each of the plurality of gateways in the network, advertising the public network address of the network client on the network ([0044]: other entities such as gateway 12 can be responsible for publishing the new public address for host A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Alkhatib to Bonaventure, because Bonaventure discloses exchanging data between a client and a server ([0061]) and Alkhatib further suggests bind public address to private address for host A/client ([0033]).
One of ordinary skill in the art would be motivated to utilize the teachings of Alkhatib in the Bonaventure system in order to provide a secure network communication.
Regarding claim 3, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure further discloses
a satellite network ([0061]: an access network may also be a wireless access network such as for example an LTE, Wi-Fi, satellite or any other wireless access network).
Regarding claim 4, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure further discloses
a hybrid access network ([0001]: the present invention generally relates to field of network connectivity provided to clients by a hybrid access network; in such a hybrid access network, a client can access a server in an outside network such as the Internet by a Hybrid Customer Premises Equipment or HCPE that connects to a Hybrid Access Gateway or HAG over more than one access network).
Regarding claim 5, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure discloses
routing additional network traffic from the network client to the targeted network service using the second communication path ([0092]: when the TCP segment 401 is sent from client 100 to server 103 along the auxiliary subflow 124, the segment 401 will again be intercepted at the HCPE 101 and transmitted as MPTCP segment 407 over the second or auxiliary subflow to the server 103; during the same step 410, the source address information is changed to that of the interface 223; the segment 407 is then forwarded over the second access network 111 to the HAG).
Regarding claim 8, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure further discloses
each of the plurality of gateways is a hybrid aggregation gateway ([0061]: the system further comprises a Hybrid Access Gateway 102 allowing communication between the access networks 110, 111 and an outside network 112 such as for example the Internet; both the HCPE 101and the HAG 102 are annotated as ‘hybrid’ because they are able to communicate with each other over more than one access network).
Regarding claim 9, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure further discloses
the first gateway is network closer to the network client than the selected gateway ([0061]: the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113; HCPE 101 provides the client access to the access networks 110, 111 of an Internet Service Provider (ISP)).
Regarding claim 10, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure further discloses
the first gateway is selected based on a default gateway assigned to the network client ([0061]: the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113; HCPE 101 provides the client access to the access networks 110, 111 of an Internet Service Provider (ISP)).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonaventure in view of Alkhatib, and further in view of Suzuki et al. (US 2011/0019539 A1), hereinafter Suzuki.
Regarding claim 2, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure and Alkhatib do not explicitly disclose
a median route along the portion of the second communication path between the targeted network service and the selected gateway has a cost that is less than or equal to a cost of the portion of the first communication path between the targeted network service and the first gateway.
However, Suzuki discloses
a median route along the portion of the second communication path between the targeted network service and the selected gateway has a cost that is less than or equal to a cost of the portion of the first communication path between the targeted network service and the first gateway ([0233]: the path 63, rather than the path 64, is selected as a route to the router 53 in the router 52 when the cost of the path 63 is lower than the cost of the path 64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Suzuki to Bonaventure and Alkhatib, because Bonaventure and Alkhatib disclose exchanging data between a client and a server (Bonaventure: [0061]) and Suzuki further suggests select a path when the cost of the path is lower than cost of another path ([0233]).
One of ordinary skill in the art would be motivated to utilize the teachings of Suzuki in the Bonaventure and Alkhatib system in order to save resource.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonaventure in view of Alkhatib, and further in view of Zisapel et al. (US 2014/0330983 A1), hereinafter Zisapel.
Regarding claim 6, Bonaventure and Alkhatib disclose the method as described in claim 1. Bonaventure and Alkhatib do not explicitly disclose
receiving a signal indicating that the selected gateway was selected for inclusion in the second communication path.
However, Zisapel discloses
receiving a signal indicating that the selected gateway was selected for inclusion in the second communication path ([0010]: select a data route from the plurality of data routers to route the received request, wherein the selection of the data route is based on a decision function).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Zisapel to Bonaventure and Alkhatib, because Bonaventure and Alkhatib disclose exchanging data between a client and a server (Bonaventure: [0061]) and Zisapel further suggests select a data route from the plurality of data routers to route data ([0010]).
One of ordinary skill in the art would be motivated to utilize the teachings of Zisapel in the Bonaventure and Alkhatib system in order to provide load balancing.
Regarding claim 7, Bonaventure, Alkhatib, and Zisapel disclose the method as described in claim 6. Bonaventure further discloses
routing packets from the network client to the targeted network service through the selected gateway ([0092]: the segment 407 is then forwarded over the second access network 111 to the HAG; as the MPTCP segment 407 is addressed to the HAG, the segment 407 will be routed to the HAG’s network interface 225; therefore, the HAG converts the segment, during conversion step 411 to TCP segment 403 and replaces the destination address with that of the server).
Claim(s) 11-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonaventure in view of Alkhatib, and further in view of Cohn (US 9,729,350 B1).
Regarding claim 11, Bonaventure discloses
A network environment ([0061]: a system for exchanging data over a TCP connection between a client 100 and a networking node 103) comprising:
customer premises equipment (a Hybrid Customer Premises Equipment 101/HCPE) communicatively coupled to a network client (client 100, FIG. 1) ([0061]: the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113);
a private network configured to provide network communication between the network client and a targeted network service (server/networking node 103, FIG. 1) on a public network ([0061]: a system for exchanging data over a TCP connection between a client 100 and a networking node 103; the TCP connection may be initiated by the client 100 in which case the node 103 acts as a server or vice versa; the system further comprises a Hybrid Customer Premises Equipment 101, further referred to as HCPE; the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113; & [0062]: the client 100 can establish a TCP connection with the server 103, i.e., a connection wherein both the client 100 and the server 103 maintain TCP state information in order to maintain a reliable connection; when sending data over the TCP connection to the server, the client sends the TCP segments to the HCPE 101); and
a plurality of gateway devices (Hybrid Customer Premises Equipment/HCPE 101 & Hybrid Access Gateway/HAG 102, FIG. 1)communicatively coupled to the private network and to the public network, the plurality of gateway devices configured to route network traffic between the private network and the public network ([0062]: the client 100 can establish a TCP connection with the server 103, i.e., a connection wherein both the client 100 and the server 103 maintain TCP state information in order to maintain a reliable connection; when sending data over the TCP connection to the server, the client sends the TCP segments to the HCPE 101),
wherein network traffic is routed to the network client from the targeted network service through a selected gateway device of the plurality of gateway devices ([0091]: during the conversion step 413 the source address information is preserved; the destination address information may be changed depending on whether NAT is applied by the HCPE; the client 100 then receives the single path TCP segment 406 in a transparent way, i.e., as if it was coming from server 103),
Bonaventure does not explicitly disclose
the network client having a private network address;
each of the plurality of gateway devices configured to advertise a public network address that corresponds to the network client.
However, Alkhatib discloses
the network client having a private network address ([0033]: host A is assigned a private address from DHCP server 14 upon connection to network 10; host A subsequently requests gateway 12 to provide host A with a public address and to bind that public address to the private address for host A; host A subsequently publishes its new public address with server 30);
each of the plurality of gateway devices configured to advertise a public network address that corresponds to the network client ([0044]: other entities such as gateway 12 can be responsible for publishing the new public address for host A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Alkhatib to Bonaventure, because Bonaventure discloses exchanging data between a client and a server ([0061]) and Alkhatib further suggests bind public address to private address for host A/client ([0033]).
One of ordinary skill in the art would be motivated to utilize the teachings of Alkhatib in the Bonaventure system in order to provide a secure network communication.
Bonaventure and Alkhatib do not explicitly disclose
the selected gateway device selected based at least in part on the selected gateway device providing a lowest-cost communication path between the targeted network service and the selected gateway.
However, Cohn discloses
the selected gateway device selected based at least in part on the selected gateway device providing a lowest-cost communication path between the targeted network service and the selected gateway (Col. 1, lines 38-44: when a data packet arrives at a router, the router may utilize the routing table to determine the lowest-cost path for reaching the destination endpoint, and forward the packet to the immediate neighbor along that path; each router along the path forwards the data packet based on a similar determination of the lowest-cost path to the endpoint, until the packet arrives at the destination endpoint).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Cohn to Bonaventure and Alkhatib, because Bonaventure and Alkhatib disclose exchanging data between a client and a server (Bonaventure: [0061]) and Cohn further suggests determine the lowest-cost path for reaching destination endpoint (Col. 1, lines 38-44).
One of ordinary skill in the art would be motivated to utilize the teachings of Cohn in the Bonaventure and Alkhatib system in order to save resource.
Regarding claim 12, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure, Alkhatib, and Cohn further disclose
the private network address and the public network address are each an Internet Protocol (IP) address (Alkhatib: [0033]: host A is assigned a private address from DHCP server 14 upon connection to network 10; host A subsequently requests gateway 12 to provide host A with a public address and to bind that public address to the private address for host A; host A subsequently publishes its new public address with server 30; & [0034]: the creation of a binding of a public identity to a private identity for an entity on a network; for the current state of the Internet, domain names, private IP addresses and public IP addresses can be used).
Regarding claim 13, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure further discloses
the private network comprises a satellite network ([0061]: an access network may also be a wireless access network such as for example an LTE, Wi-Fi, satellite or any other wireless access network).
Regarding claim 14, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure further discloses
the private network comprises a hybrid access network ([0001]: the present invention generally relates to field of network connectivity provided to clients by a hybrid access network; in such a hybrid access network, a client can access a server in an outside network such as the Internet by a Hybrid Customer Premises Equipment or HCPE that connects to a Hybrid Access Gateway or HAG over more than one access network).
Regarding claim 15, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure discloses
additional network traffic is routed from the network client to the targeted network service through the selected gateway ([0092]: when the TCP segment 401 is sent from client 100 to server 103 along the auxiliary subflow 124, the segment 401 will again be intercepted at the HCPE 101 and transmitted as MPTCP segment 407 over the second or auxiliary subflow to the server 103; during the same step 410, the source address information is changed to that of the interface 223; the segment 407 is then forwarded over the second access network 111 to the HAG).
Regarding claim 18, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure further discloses
each of the plurality of gateways is a hybrid aggregation gateway ([0061]: the system further comprises a Hybrid Access Gateway 102 allowing communication between the access networks 110, 111 and an outside network 112 such as for example the Internet; both the HCPE 101and the HAG 102 are annotated as ‘hybrid’ because they are able to communicate with each other over more than one access network).
Regarding claim 19, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure further discloses
a first gateway device of the plurality of gateway devices is configured to provide a first communication path from the network client to the targeted network service ([0062]: the client 100 can establish a TCP connection with the server 103, i.e., a connection wherein both the client 100 and the server 103 maintain TCP state information in order to maintain a reliable connection; when sending data over the TCP connection to the server, the client sends the TCP segments to the HCPE 101), the first gateway device different from the selected gateway device ([0091]: during the conversion step 413 the source address information is preserved; the destination address information may be changed depending on whether NAT is applied by the HCPE; the client 100 then receives the single path TCP segment 406 in a transparent way, i.e., as if it was coming from server 103).
Regarding claim 20, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure further discloses
the first gateway is a default gateway assigned to the network client ([0061]: the HCPE 101 serves as a gateway for the client 100 and any other networking device within the local network 113; HCPE 101 provides the client access to the access networks 110, 111 of an Internet Service Provider (ISP)).
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonaventure in view of Alkhatib, in view of Cohn, and further in view of Zisapel.
Regarding claim 16, Bonaventure, Alkhatib, and Cohn disclose the network environment as described in claim 11. Bonaventure, Alkhatib, and Cohn do not explicitly disclose
receive a signal from the selected gateway indicating that the selected gateway was selected to provide a communication path between the network client and the targeted network service.
However, Zisapel discloses
receive a signal from the selected gateway indicating that the selected gateway was selected to provide a communication path between the network client and the targeted network service ([0010]: select a data route from the plurality of data routers to route the received request, wherein the selection of the data route is based on a decision function).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the feature of Zisapel to Bonaventure, Alkhatib, and Cohn, because Bonaventure, Alkhatib, and Cohn disclose exchanging data between a client and a server (Bonaventure: [0061]) and Zisapel further suggests select a data route from the plurality of data routers to route data ([0010]).
One of ordinary skill in the art would be motivated to utilize the teachings of Zisapel in the Bonaventure, Alkhatib, and Cohn system in order to provide load balancing.
Regarding claim 17, Bonaventure, Alkhatib, Cohn, and Zisapel disclose the method as described in claim 16. Bonaventure further discloses
route subsequent packets to the targeted network service through the selected gateway ([0092]: the segment 407 is then forwarded over the second access network 111 to the HAG; as the MPTCP segment 407 is addressed to the HAG, the segment 407 will be routed to the HAG’s network interface 225; therefore, the HAG converts the segment, during conversion step 411 to TCP segment 403 and replaces the destination address with that of the server).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zavgren, Jr. et al. (US 6,711,409 B1). Determines a lowest-cost routing path for message transmission through the network based on network topology information.
Rexford et al. (US 6,633,544 B1). The set of lowest-cost routes is stored in a routing table or cache at each router.
Sorenson, III et al. (US 2014/0310391 A1). The router exposes a public IP address and the load balancer nodes all advertise the same public IP address to the router.
Ahn et al. (US 8,462,698 B2). The first router broadcasts the unique address of the mobile node to one or more neighboring routers and determines whether the one or more neighboring routers include the mobile node.
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 KAYLEE J HUANG whose telephone number is (571)272-0080. The examiner can normally be reached Monday-Friday 9AM-5PM.
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, Joon H Hwang can be reached at 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Kaylee Huang
07/03/2025
/KAYLEE J HUANG/Primary Examiner, Art Unit 2447
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