DETAILED ACTION
This application has been examined. Claims 1-6,8-14 are pending. Claims 7,15-16 are cancelled.
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 .
Making Final
Applicant's arguments filed 1/20/2026 have been fully considered but they are moot in view of the new grounds for rejection.
The Examiner is presenting new grounds for rejection as necessitated by the claim amendments and is thus making this action FINAL.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are moot in view of the new grounds for rejection.
Regarding Claim 1
Ohkawa disclosed (re. Claim 1) a data size of the transmission data is less than double of the predetermined size. (Ohkawa-Paragraph 35, calculates a threshold used to determine an ACK which is not desired to estimate the bandwidth, based on DATA. )
While Ohkawa substantially disclosed the claimed invention Ohkawa does not disclose (re. Claim 1) to not calculate the available bandwidth when a data size of the transmission data is less than double of the predetermined size.
The Examiner notes wherein the omission of the functionality regarding ‘calculating the available bandwidth’ when the functionality is not desired or required would have been obvious and well-known in the networking art. In context of Ohkawa, since the threshold of “double or more the predetermined size” is not met, it would have been obvious to omit the ‘calculation of available bandwidth’ in order to avoid unnecessary consumption of computer resources.
Priority
This application claims benefits of priority from PCT Application PCT/JP2022/009960 filed March 8, 2022.
The effective date of the claims described in this application is March 8, 2022.
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) 1-2,6-9,12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohkawa (USPGPUB 2016/0285730) further in view of what was well-known in the networking art.
Regarding Claim 1
Ohkawa Paragraph 94 disclosed wherein the cross traffic determination unit 124 calculates an estimated value of the network bandwidth, based on the received ACK (step S32). For example, the cross traffic determination unit 124 calculates an arrival interval between the arrival time 114d of a first ACK which has been most recently received, and the arrival time 114d of a second ACK which was received immediately before, by using the ACK table 114. The cross traffic determination unit 124 acquires the packet length 113d of DATA which is transmitted between the first and second ACKs, by using the DATA table 113 and the ACK table 114.
Ohkawa disclosed (re. Claim 1) a bandwidth measurement apparatus (Ohkawa-Paragraph 35, packet analysis device 1 estimates a network bandwidth, based on ACKs ) comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to:
acquire a data size of transmission data transmitted to a reception apparatus (Ohkawa-Paragraph 74, number 116b of measured bytes is the sum of packet sizes of the measured consecutive packets, Paragraph 94,The cross traffic determination unit 124 acquires the packet length 113d of DATA which is transmitted between the first and second ACKs, by using the DATA table 113 and the ACK table 114) from a data transmission apparatus that divides data into one or more transmission packets in units of a predetermined size in conformity with a predetermined protocol and transmits the transmission data to the reception apparatus; (Ohkawa-Paragraph 53, the number of consecutive packets is two. It is also assumed that the length of the DATA packet is 1500 bytes)
acquire a reception time of an acknowledgement packet returned from the reception apparatus that has received the transmission packet to the data transmission apparatus; (Ohkawa- Paragraph 42, The ACK table 114 stores, when the ACK is acquired, the arrival time and the index number of the data packet corresponding to the ACK.) and
calculate an available bandwidth in a network used to transmit the transmission data using a reception time of the acknowledgement packet (Ohkawa-Paragraph 50, network bandwidth, which is calculated using the arrival interval between ACKs ) when a sum of data sizes of the transmission data in a predetermined time is double or more the predetermined size. (Ohkawa-Paragraph 53, the number of consecutive packets is two. It is also assumed that the length of the DATA packet is 1500 bytes)
Ohkawa disclosed (re. Claim 1) a data size of the transmission data is less than double of the predetermined size. (Ohkawa-Paragraph 35, calculates a threshold used to determine an ACK which is not desired to estimate the bandwidth, based on DATA. )
While Ohkawa substantially disclosed the claimed invention Ohkawa does not disclose (re. Claim 1) to not calculate the available bandwidth when a data size of the transmission data is less than double of the predetermined size.
The Examiner notes wherein the omission of the functionality regarding ‘calculating the available bandwidth’ when the functionality is not desired or required would have been obvious and well-known in the networking art. In context of Ohkawa, since the threshold of “double or more the predetermined size” is not met, it would have been obvious to omit the ‘calculation of available bandwidth’ in order to avoid unnecessary consumption of computer resources.
Regarding Claim 12
Claim 12 (re. method) recites substantially similar limitations as Claim 1. Claim 12 is rejected on the same basis as Claim 1.
Regarding Claim 2,9
Ohkawa disclosed (re. Claim 2,9) calculate the available bandwidth based on the predetermined size (Ohkawa-Paragraph 29, packet analysis device 1 may estimate a reception-side network bandwidth based on the transfer quantity of DATA, which is transmitted between the ACKs, and the arrival interval between the ACKs as in Equation (1) ) and an interval between reception times of two acknowledgement packets for two transmission packets transmitted from the data transmission apparatus to the reception apparatus. (Ohkawa-Paragraph 50, network bandwidth, which is calculated using the arrival interval between ACKs )
Regarding Claim 6
Ohkawa disclosed (re. Claim 6) instructions to not calculate the available bandwidth when an acknowledgement packet for the transmission packet is not received in the data transmission apparatus within a predetermined time after transmission of the transmission packet. (Ohkawa-Paragraph 35, calculates a threshold used to determine an ACK which is not desired to estimate the bandwidth, based on DATA. )
Regarding Claim 8
Ohkawa disclosed (re. Claim 8) a data transmission apparatus comprising: a data transmitter (Ohkawa-Paragraph 28, terminal 3 is a reception-side terminal and the terminal 4 is a transmission-side terminal ) configured to divide transmission data into one or more transmission packets in units of a predetermined size in conformity with a predetermined protocol, (Ohkawa-Paragraph 38, the transmission-side terminal 3 manages the plurality of data packets in a unit called a window size, and consecutively transmits the data packets without waiting for the acknowledgment number of the ACK. The communication efficiency is improved through the window control.)
transmit the transmission packet to a reception apparatus, (Ohkawa-Paragraph 28, terminal 3 is a reception-side terminal and the terminal 4 is a transmission-side terminal ) and receive an acknowledgement packet for the transmission packet from the reception apparatus; (Ohkawa-Paragraph 29, when the reception-side terminal 3 replies the ACK, the reception-side terminal 3 replies the ACK immediately after the DATA is received ) and the bandwidth measurement apparatus (Ohkawa-Paragraph 35, packet analysis device 1 estimates a network bandwidth, based on ACKs ) according to claim 1.
Regarding Claim 13
Claim 13 (re. method) recites substantially similar limitations as Claims 1 and 8. Claim 13 is rejected on the same basis as Claims 1 and 8.
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) 3-5,10,11,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohkawa (USPGPUB 2016/0285730) further in view of Ray (USPGPUB 2008/0049624)
Regarding Claim 5
Ohkawa disclosed (re. Claim 5) wherein the predetermined protocol is a transmission control protocol (TCP), (Ohkawa-Paragraph 36, communication on the network by using transmission control protocol (TCP) ) and the predetermined size is a maximum segment size (MSS) in the TCP.????
While Ohkawa substantially disclosed the claimed invention Ohkawa does not disclose (re. Claim 5) wherein the predetermined size is a maximum segment size (MSS) in the TCP.
Ray Paragraph 330 disclosed wherein TCP packet 5000 has three other fields that may be directly modified to assist in the shaping of the traffic flow between sender and receiver.
Ray disclosed (re. Claim 5) wherein the predetermined size is a maximum segment size (MSS) in the TCP. (Ray-Paragraph 330,Options 5018 that may contain a TCP Maximum Segment Size (MSS) and is sometimes called Maximum Window Size or Send Maximum Segment Size (SMSS) )
Ohkawa and Ray are analogous art because they present concepts and practices regarding TCP transmission protocols. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Ray into Ohkawa. The motivation for the said combination would have been to implement shaping of the traffic flow between sender and receiver.(Ray-Paragraph 330)
Regarding Claim 3,10
Ohkawa-Ray disclosed (re. Claim 3,10) calculate the available bandwidth for each pair of transmission packets of which a payload data size is the predetermined size using the interval between the reception times of the acknowledgement packets for the pair of transmission packets, (Ohkawa-Paragraph 29, packet analysis device 1 may estimate a reception-side network bandwidth based on the transfer quantity of DATA, which is transmitted between the ACKs, and the arrival interval between the ACKs as in Equation (1) ) and calculate an average of the available bandwidths calculated for each pair as the available bandwidth.(Ray-Paragraph 423, an average of a measurement, such as bandwidth, may be stored)
Regarding Claim 4
Ohkawa disclosed (re. Claim 4) calculate an available bandwidth using an interval between the reception times of the acknowledgement packets (Ohkawa-Paragraph 50, network bandwidth, which is calculated using the arrival interval between ACKs ) for the pair of transmission packets of which the sequence numbers are consecutive.(Ohkawa-Paragraph 37, acknowledgment number of the ACK, based on the sequence number and the data size of the data. The transmission-side terminal 3 receives the ACK, recognizes the acknowledgment number of the received ACK, and then transmits a subsequent data packet, Paragraph 87 , it is determined that the received packet is consecutively transmitted DATA.)
Regarding Claim 11,14
Ohkawa-Ray disclosed (re. Claim 11,14) instructions to predict an available bandwidth based on the measured available bandwidth, (Ohkawa-Paragraph 29, packet analysis device 1 may estimate a reception-side network bandwidth based on the transfer quantity of DATA, which is transmitted between the ACKs, and the arrival interval between the ACKs as in Equation (1) ) wherein the data transmitter adjusts a data amount of the transmission data in accordance with the predicted available bandwidth.(Ray-Paragraph 324, ME performance information indicative of congestion may be used to directly adjust (reduce or increase) the TCP Sliding Window 5002)
Conclusion
Examiner’s Note: In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
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 GREG C BENGZON whose telephone number is (571)272-3944. The examiner can normally be reached on Monday - Friday 8 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached on (571) 272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREG C BENGZON/ Primary Examiner, Art Unit 2444