DETAILED ACTION
Status of Claims:
Claims 1 – 21 are pending.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 08/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
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.
Claim 8 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112(f), sixth paragraph because it 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 publisher peer connection module”, “subscriber peer connection modules”, and “an aggregator module” coupled with “configured to: receive a data stream and determine a bandwidth estimation for communicating the data stream between the publisher peer connection module and a sender of the data stream”, “configure to: determine a respective bandwidth estimation for communicating the data stream between the forwarding unit and at least one of two receivers”, and “configured to: aggregate the bandwidth estimations determined for communicating the data stream between the at least two subscriber peer connection modules and the at least two receivers and communicate information regarding the aggregated bandwidth estimations to the sender to limit the bandwidth estimation determined for communicating the data stream between the publisher peer connection module and the sender of the data stream”.
Dependent Claims 9 – 14 follow the same grounds of rejection as independent 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 § 102
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.
Claim(s) 1 – 6, 8 – 13, and 15 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Begen (US 8619602).
As per claim 1, a method for full sender-side rate control, comprising:
receiving a data stream at a forwarding unit (DSLAM 430 (forwarding unit) may be in communication with customer premises equipment (CPE) 440. In this topology, the link between DSLAM 430 and CPE 440 may be the bottleneck that determines the capacity of the illustrated forward path … a client associated with CPE 440 may be already receiving a source stream, See Col. 5, Lines 54 – 65);
determining a bandwidth estimation for communicating the data stream between the forwarding unit and a sender of the data stream (The link between repair server 410 and aggregation router 420 (sender) and/or the link between aggregation router 420 and DSLAM 430 (forwarding unit) may be the bottleneck as well, See Col. 5, Line 66 – Col. 6, Line 7);
determining respective bandwidth estimations for communicating the data stream between the forwarding unit and at least two receivers (A client (receiver) associated with CPE 440 may be already receiving a source stream, the remaining capacity on the link between DSLAM 430 and CPE 440 may determine the available bandwidth for error repair and fast channel change operations, See Col. 5, Lines 54 – 65 … Measuring the access link properties for each client separately (can include more than one receiver) may optimize the available resources for each of them, See Col. 3, Lines 13 - 27);
aggregating the bandwidth estimations determined for communicating the data stream between the forwarding unit and the at least two receivers (The method then may proceed to step 340 where the client may subsequently send the estimations, identifiers and time information to the server. The server may remember each client's (can include more than one receiver) bandwidth information (aggregated bandwidth) (the last X measurements) and may subsequently use this information appropriately, See Col. 5, Lines 36 - 44); and
limiting the bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender of the data stream based on the aggregated bandwidth estimations (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 2, the method of claim 1, wherein the bandwidth estimation for communicating the data stream between the forwarding unit and the sender of the data stream is determined using Real-Time Transport Protocol (RTP) data received from the sender of the data stream (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 3, the method of claim 1, wherein the respective bandwidth estimations for communicating the data stream between the forwarding unit and the at least two receivers are determined using Real-Time Transport Protocol (RTP) data received from the at least two receivers (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 4, the method of claim 3, wherein the respective bandwidth estimations for communicating the data stream between the forwarding unit and at least two receivers are determined by further using information regarding the bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 5, the method of claim 1, wherein the bandwidth estimations determined for communicating the data stream between the forwarding unit and the at least two receivers are aggregated using an aggregating algorithm, which selects a minimum of the aggregated bandwidth estimations (Measurements made according to embodiments of the present invention are described herein. Capacity ("C") may represent the minimum transmission rate among the all links on a path. C may be calculated as: C=min C_i, i={0, 1, . . . , H} where C_i may indicate the transmission rate on a link i, H may be the number of links on the path, and C_0 may be the sender's transmission rate. C_0 may not be critical in some embodiments, as STUN and/or RTP/RTCP packets may be sent back to back, See Col. 4, Lines 21 - 24).
As per claim 6, the method of claim 5, wherein the bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender of the data stream is limited by the minimum of the aggregated bandwidth estimations (Available Bandwidth ("A") may be the minimum capacity not used by other traffic among the all links on a path. u_i may indicate the utilization on link i, and A may be calculated as: A=min [C_i.times.(1-u_i)], See Col. 4, Lines 21 - 24).
As per claim 8, an apparatus for full sender-side rate control, comprising:
a publisher peer connection module configured to:
receive a data stream (DSLAM 430 (forwarding unit) may be in communication with customer premises equipment (CPE) 440. In this topology, the link between DSLAM 430 and CPE 440 may be the bottleneck that determines the capacity of the illustrated forward path … a client associated with CPE 440 may be already receiving a source stream, See Col. 5, Lines 54 – 65); and
determine a bandwidth estimation for communicating the data stream between the publisher peer connection module and a sender of the data stream (The link between repair server 410 and aggregation router 420 (sender) and/or the link between aggregation router 420 and DSLAM 430 (forwarding unit) may be the bottleneck as well, See Col. 5, Line 66 – Col. 6, Line 7);
at least two subscriber peer connection modules, each of the at least two subscriber peer connection modules configure to:
determine a respective bandwidth estimation for communicating the data stream between the forwarding unit and at least one of two receivers (A client (receiver) associated with CPE 440 may be already receiving a source stream, the remaining capacity on the link between DSLAM 430 and CPE 440 may determine the available bandwidth for error repair and fast channel change operations, See Col. 5, Lines 54 – 65 … Measuring the access link properties for each client separately (can include more than one receiver) may optimize the available resources for each of them, See Col. 3, Lines 13 - 27); and
an aggregator module configured to:
aggregate the bandwidth estimations determined for communicating the data stream between the at least two subscriber peer connection modules and the at least two receivers (The method then may proceed to step 340 where the client may subsequently send the estimations, identifiers and time information to the server. The server may remember each client's (can include more than one receiver) bandwidth information (aggregated bandwidth) (the last X measurements) and may subsequently use this information appropriately, See Col. 5, Lines 36 - 44); and
communicate information regarding the aggregated bandwidth estimations to the sender to limit the bandwidth estimation determined for communicating the data stream between the publisher peer connection module and the sender of the data stream (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 9, the apparatus of claim 8, wherein the bandwidth estimation for communicating the data stream between the publisher peer connection module and the sender of the data stream is determined using Real-Time Transport Protocol (RTP) data received by the publisher peer connection module from the sender of the data stream (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 10, the apparatus of claim 8, wherein the respective bandwidth estimations for communicating the data stream between the forwarding unit and the at least two receivers are determined using Real-Time Transport Protocol (RTP) data received by respective ones of the at least two subscriber peer connection modules from the at least two receivers (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 11, the apparatus of claim 10, wherein the respective bandwidth estimations for communicating the data stream between the at least two subscriber peer connection modules and at least two receivers are determined by respective ones of the at least two subscriber peer connection modules by further using information regarding the bandwidth estimation determined for communicating the data stream between the publisher peer connection module and the sender (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 12, the apparatus of claim 8, wherein the bandwidth estimations determined by the at least two subscriber peer connection modules for communicating the data stream between the forwarding unit and the at least two receivers are aggregated using an aggregating algorithm, which selects a minimum of the aggregated bandwidth estimations (Measurements made according to embodiments of the present invention are described herein. Capacity ("C") may represent the minimum transmission rate among the all links on a path. C may be calculated as: C=min C_i, i={0, 1, . . . , H} where C_i may indicate the transmission rate on a link i, H may be the number of links on the path, and C_0 may be the sender's transmission rate. C_0 may not be critical in some embodiments, as STUN and/or RTP/RTCP packets may be sent back to back, See Col. 4, Lines 21 - 24).
As per claim 13, the apparatus of claim 12, wherein the bandwidth estimation determined for communicating the data stream between the publisher peer connection module and the sender of the data stream is limited by the minimum of the aggregated bandwidth estimations (Available Bandwidth ("A") may be the minimum capacity not used by other traffic among the all links on a path. u_i may indicate the utilization on link i, and A may be calculated as: A=min [C_i.times.(1-u_i)], See Col. 4, Lines 21 - 24).
As per claim 15, an apparatus for full sender-side rate control, comprising:
a processor; and
a memory coupled to the processor, the memory having stored therein at least one of programs or instructions executable by the processor to configure the apparatus to:
receive a data stream at the apparatus (DSLAM 430 (forwarding unit) may be in communication with customer premises equipment (CPE) 440. In this topology, the link between DSLAM 430 and CPE 440 may be the bottleneck that determines the capacity of the illustrated forward path … a client associated with CPE 440 may be already receiving a source stream, See Col. 5, Lines 54 – 65);
determine a bandwidth estimation for communicating the data stream between the apparatus and a sender of the data stream (The link between repair server 410 and aggregation router 420 (sender) and/or the link between aggregation router 420 and DSLAM 430 (forwarding unit) may be the bottleneck as well, See Col. 5, Line 66 – Col. 6, Line 7;
determine respective bandwidth estimations for communicating the data stream between the apparatus and at least two receivers (A client (receiver) associated with CPE 440 may be already receiving a source stream, the remaining capacity on the link between DSLAM 430 and CPE 440 may determine the available bandwidth for error repair and fast channel change operations, See Col. 5, Lines 54 – 65 … Measuring the access link properties for each client separately (can include more than one receiver) may optimize the available resources for each of them, See Col. 3, Lines 13 - 27);
aggregate the bandwidth estimations determined for communicating the data stream between the apparatus and the at least two receivers (The method then may proceed to step 340 where the client may subsequently send the estimations, identifiers and time information to the server. The server may remember each client's (can include more than one receiver) bandwidth information (aggregated bandwidth) (the last X measurements) and may subsequently use this information appropriately, See Col. 5, Lines 36 - 44); and
limit the bandwidth estimation determined for communicating the data stream between the apparatus and the sender of the data stream based on the aggregated bandwidth estimations (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 16, the apparatus of claim 15, wherein the bandwidth estimation for communicating the data stream between the apparatus and the sender of the data stream is determined using Real-Time Transport Protocol (RTP) data received from the sender of the data stream (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 17, the apparatus of claim 15, wherein the respective bandwidth estimations for communicating the data stream between the apparatus and the at least two receivers are determined using Real-Time Transport Protocol (RTP) data received from the at least two receivers (A packet pair/train technique may perform measurements between any two end-points within the communications line through the use of Session Traversal Utilities for NAT (STUN) and/or Real-Time Transfer Protocol and/or RTP Control Protocol (RTP/RTCP) to make bandwidth estimations on the network links and paths. Thus, both server 210 and client 260 may implement embodiments of the present invention, See Col. 4, Lines 4 - 11).
As per claim 18, the apparatus of claim 17, wherein the respective bandwidth estimations for communicating the data stream between the apparatus and at least two receivers are determined by further using information regarding the bandwidth estimation determined for communicating the data stream between the apparatus and the sender (Thus, after estimation of the total link capacity between DSLAM 430 (forwarding unit and sender of data stream) and CPE 440 and given the bitrate of the source stream, an upper bound for the available bandwidth may be computed, See Col. 5, Lines 54 – 65).
As per claim 19, the apparatus of claim 15, wherein the bandwidth estimations determined for communicating the data stream between the apparatus and the at least two receivers are aggregated using an aggregating algorithm, which selects a minimum of the aggregated bandwidth estimations (Measurements made according to embodiments of the present invention are described herein. Capacity ("C") may represent the minimum transmission rate among the all links on a path. C may be calculated as: C=min C_i, i={0, 1, . . . , H} where C_i may indicate the transmission rate on a link i, H may be the number of links on the path, and C_0 may be the sender's transmission rate. C_0 may not be critical in some embodiments, as STUN and/or RTP/RTCP packets may be sent back to back, See Col. 4, Lines 21 - 24).
As per claim 20, the apparatus of claim 19, wherein the bandwidth estimation determined for communicating the data stream between the apparatus and the sender of the data stream is limited by the minimum of the aggregated bandwidth estimations (Available Bandwidth ("A") may be the minimum capacity not used by other traffic among the all links on a path. u_i may indicate the utilization on link i, and A may be calculated as: A=min [C_i.times.(1-u_i)], See Col. 4, Lines 21 - 24).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7, 14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Begen (US 8619602) and in view of Tun (US 9609040).
As per claim 7, Begen discloses all limitations of claim 1.
Begen however does not expressly disclose:
wherein the bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender of the data stream is limited by communicating a limitation message to the sender
Tun discloses:
the method of claim 1, wherein the bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender of the data stream is limited by communicating a limitation message to the sender (In the event the REMB bitrate is determined to be less than the newVideoBW, the bandwidth estimator 306 uses the REMB bitrate as the newVideoBW, as depicted in block 708. The bandwidth estimator 306 can then provide the newVideoBW to the bitrate controller 208, See Col. 14, Lines 38 - 62).
It would have been obvious to an artisan of ordinary skill in the art before the Applicant's effective filing date of the claimed invention to combine Tun’s teaching of communicating a limitation message to the sender, along with bandwidth estimation determined for communicating the data stream between the forwarding unit and the sender to improve Begen’s system. Both Begen and Tun disclose systems for controlling bandwidth using RTP. Tun’s system includes a REMB bitrate which can be provided to a controller as a limitation message. The combination is an improvement upon the existing system because bandwidth estimation for communicating the data stream between the forwarding unit and the sender can be determined, as taught by Begen, where the sender can have a limitation message communicated to, as taught by Tun, to allow a seamless integration of RTP protocols to control bandwidth within the sender-side of the system.
As per claim 14, the apparatus of claim 8, wherein the bandwidth estimation determined for communicating the data stream between the publisher peer connection module and the sender of the data stream is limited by communicating a limitation message to the sender (Tun, In the event the REMB bitrate is determined to be less than the newVideoBW, the bandwidth estimator 306 uses the REMB bitrate as the newVideoBW, as depicted in block 708. The bandwidth estimator 306 can then provide the newVideoBW to the bitrate controller 208, See Col. 14, Lines 38 - 62).
As per claim 21, the apparatus of claim 15, wherein the bandwidth estimation determined for communicating the data stream between the apparatus and the sender of the data stream is limited by communicating a limitation message to the sender (Tun, In the event the REMB bitrate is determined to be less than the newVideoBW, the bandwidth estimator 306 uses the REMB bitrate as the newVideoBW, as depicted in block 708. The bandwidth estimator 306 can then provide the newVideoBW to the bitrate controller 208, See Col. 14, Lines 38 - 62).
Conclusion
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/NAZIA NAOREEN/Primary Examiner, Art Unit 2458