DETAILED ACTION
This application has been examined. Claims 1-4,6-7,11-14,16-21,23 are pending. Claims 5,8-10,15,22 are cancelled.
Making Final
Applicant's arguments filed 5/11/2026 have been fully considered but they are moot in view of the new grounds for rejection.
The claim amendments regarding -- ‘determining one or more starting position points in the file to be transmitted, according to a proportion of transmission workload of each communication way of the plurality of communication ways ’ -- clearly change the literal scope of the independent and dependent claims and/or the range of equivalents for such claims. The said amendments alter the scope of the claims but do not overcome the disclosure by the prior art as shown below.
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 5/11/2026 have been fully considered but they are moot in view of the new grounds for rejection.
Lee disclosed (re. Claim 1) determining one or more starting position points in the file to be transmitted, (Lee-Figure 7,Paragraph 70, After the current amount of unprocessed data is ascertained, the receiving controller 113 determines, based on the current unprocessed amount, a data position from which data receiving through the newly-connected Wi-Fi network 11b is started S413.)
and determining a starting position point corresponding to each communication way of the plurality of communication ways;(Lee-Paragraph 7, a position from which content data is requested through said another connected network must be determined first.)
controlling each communication way of the plurality of communication ways, starting from a corresponding starting position point, to transmit the file contents of the file to be transmitted to the receiving device in parallel.(Lee-Figure 10,Paragraph 35, divided segments respectively are transmitted through sockets that are created for a plurality of networks, and the information required for arranging the received segments in their order is stored in connection with individual sockets)
While Lee substantially disclosed the claimed invention Lee does not disclose (re. Claim 1) acquiring a transmission workload of each communication way of the plurality of communication ways.
Bonar Paragraph 138 disclosed wherein If the list of available communication paths contains at least one communication path, the next step in the selection process is to eliminate all communication paths from the list that do not support all required capabilities.
Lee-Bonar (re. Claim 1) determining one or more starting position points in the file to be transmitted, according to a proportion (Lee-Paragraph 82, the skip section `DgapT` determined in size depending upon the unprocessed amount `uprcDT` is adjusted according to service speed of a currently-using network, namely, the cellular network 11a. For instance, if the current service speed `curDS` of the cellular network 11a is equal to or lower than a preset reference `DS.sub.RefL`, the skip section `DgapT0` determined initially is shortened as much as a compensating value 902 that is determined in proportion to (the related proportional factor is denoted by k.sub.1 in the figure) the difference 901 between the reference `DS.sub.RefL` and the current speed `curDS`) of transmission workload of each communication way of the plurality of communication ways. (Bonar-Paragraph 131, if data items have been awaiting transmission for an excessive period of time (e.g. as determined by configuration settings) the priority of those data items are raised. The new priority value of the waiting data items can result in an alternate communication path being selected, which would otherwise not have been selected at that time, and a switch to that communication path made to allow the waiting data items to be transmitted.)
Lee and Bonar are analogous art because they present concepts and practices regarding parallel data transmission on multiple communication links. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Bonar into Lee. The motivation for the said combination would have been to enable an ability to be aware of the available communication interfaces, their characteristics and features, and to select interfaces appropriate to the type of data to be transmitted or received which is often useful to make the most efficient use of all available communication interfaces.(Bonar-Paragraph 18)
Priority
This application claims benefits of priority from Foreign Application CN202210361593.9 (CHINA) filed April 7, 2022.
The effective date of the claims described in this application is April 7, 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) 1-4,6,11-14,16,18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (USPGPUB 2015/0120865) further in view of Bonar (USPGPUB 2010/0124196)
Regarding Claim 1
Lee Figure 6 Paragraph 67 disclosed wherein if another wireless network besides the wireless network through which the content data is being received becomes available or said another wireless network is requested for joint use while the content data provided to the media data processing unit 111 is being outputted after decoding as explained above, the wireless terminal 100 is switched from the single-network using mode (it may be abbreviated `single mode` hereinafter) to the multi-network using mode (it may be abbreviated `multi mode` hereinafter)
Lee disclosed (re. Claim 1) a method for transmitting file, applied in a transmitting device, the method comprising: acquiring a plurality of communication ways; (Lee-Paragraph 94, Wi-Fi network of a high-speed wireless LAN to be used together in the multi mode for data service besides a mobile phone communication network called the cellular network)
transmitting file contents of a file to be transmitted to a receiving device in parallel, (Lee-Figure 8, Paragraph 78,Paragraph 80, socket 81 created for using the Wi-Fi network 11b and socket 82 created for using the cellular network 11a) by using the plurality of communication ways.( Lee- Figure 6 Paragraph 67,another wireless network is requested for joint use)
Lee disclosed (re. Claim 1) determining one or more starting position points in the file to be transmitted, (Lee-Figure 7,Paragraph 70, After the current amount of unprocessed data is ascertained, the receiving controller 113 determines, based on the current unprocessed amount, a data position from which data receiving through the newly-connected Wi-Fi network 11b is started S413.)
and determining a starting position point corresponding to each communication way of the plurality of communication ways;(Lee-Paragraph 7, a position from which content data is requested through said another connected network must be determined first.)
controlling each communication way of the plurality of communication ways, starting from a corresponding starting position point, to transmit the file contents of the file to be transmitted to the receiving device in parallel.(Lee-Figure 10,Paragraph 35, divided segments respectively are transmitted through sockets that are created for a plurality of networks, and the information required for arranging the received segments in their order is stored in connection with individual sockets)
While Lee substantially disclosed the claimed invention Lee does not disclose (re. Claim 1) acquiring a transmission workload of each communication way of the plurality of communication ways.
Bonar Paragraph 138 disclosed wherein If the list of available communication paths contains at least one communication path, the next step in the selection process is to eliminate all communication paths from the list that do not support all required capabilities.
Lee-Bonar (re. Claim 1) determining one or more starting position points in the file to be transmitted, according to a proportion (Lee-Paragraph 82, the skip section `DgapT` determined in size depending upon the unprocessed amount `uprcDT` is adjusted according to service speed of a currently-using network, namely, the cellular network 11a. For instance, if the current service speed `curDS` of the cellular network 11a is equal to or lower than a preset reference `DS.sub.RefL`, the skip section `DgapT0` determined initially is shortened as much as a compensating value 902 that is determined in proportion to (the related proportional factor is denoted by k.sub.1 in the figure) the difference 901 between the reference `DS.sub.RefL` and the current speed `curDS`) of transmission workload of each communication way of the plurality of communication ways. (Bonar-Paragraph 131, if data items have been awaiting transmission for an excessive period of time (e.g. as determined by configuration settings) the priority of those data items are raised. The new priority value of the waiting data items can result in an alternate communication path being selected, which would otherwise not have been selected at that time, and a switch to that communication path made to allow the waiting data items to be transmitted.)
Lee and Bonar are analogous art because they present concepts and practices regarding parallel data transmission on multiple communication links. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Bonar into Lee. The motivation for the said combination would have been to enable an ability to be aware of the available communication interfaces, their characteristics and features, and to select interfaces appropriate to the type of data to be transmitted or received which is often useful to make the most efficient use of all available communication interfaces.(Bonar-Paragraph 18)
Regarding Claim 11
Claim 11 (re. terminal device) recites substantially similar claim limitations as Claim 1. Claim 11 is rejected on the same basis as Claim 1.
Regarding Claim 18
Claim 18 (re. non-transitory computer-readable storage medium) recites substantially similar claim limitations as Claim 1. Claim 18 is rejected on the same basis as Claim 1.
Regarding Claim 2,12,19
Lee-Bonar disclosed (re. Claim 2,12,19) acquiring communication ways that are available to perform file transmissions with the receiving device; determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device. (Lee-Figure 6 Paragraph 67,if another wireless network besides the wireless network through which the content data is being received becomes available or said another wireless network is requested for joint use while the content data provided to the media data processing unit 111 is being outputted after decoding as explained above, the wireless terminal 100 is switched from the single-network using mode (it may be abbreviated `single mode` hereinafter) to the multi-network using mode (it may be abbreviated `multi mode` hereinafter)
Regarding Claim 3,13,20
Lee-Bonar disclosed (re. Claim 3,13,20) acquiring file size of the file to be transmitted, and determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device, according to the file size; (Lee-Paragraph 61, if the pre-specified condition is satisfied, the receiving controller 113 conducts preparing operations for controlling to receive data in the multi-network using mode. The pre-specified condition may include one condition that a received content is a specific attribute, e.g., video, its size is larger than a preset value )
or acquiring the file size and a file number of the file to be transmitted, and determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device, according to the file size and the file number; or
acquiring a transmission speed and a transmission stability of each of the communication ways that are available to perform the file transmissions with the receiving device, (Lee-Paragraph 83, Paragraph 84, If the service speed of the currently-using network is equal to or higher than the preset satisfactory reference) and determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device, according to the transmission speed and the transmission stability.
Regarding Claim 4,14,21
Lee-Bonar disclosed (re. Claim 4,14,21) determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device (Lee-Figure 6 Paragraph 67,if another wireless network besides the wireless network through which the content data is being received becomes available or said another wireless network is requested for joint use while the content data provided to the media data processing unit 111 is being outputted after decoding as explained above, the wireless terminal 100 is switched from the single-network using mode (it may be abbreviated `single mode` hereinafter) to the multi-network using mode (it may be abbreviated `multi mode` hereinafter)
While Lee substantially disclosed the claimed invention Lee does not disclose (re. Claim 4,14,21)
acquiring a usage status of each communication way applied in the transmitting device, among the communication ways that are available to perform the file transmissions with the receiving device;
filtering the communication ways that are available to perform the file transmissions with the receiving device, according to the usage status of the each communication way, and
performing an operation of determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device, based on remaining communication ways after filtering.
Bonar disclosed (re. Claim 4,14,21) acquiring a usage status of each communication way applied in the transmitting device, among the communication ways that are available to perform the file transmissions with the receiving device;(Bonar-Paragraph 131, if data items have been awaiting transmission for an excessive period of time (e.g. as determined by configuration settings) the priority of those data items are raised. The new priority value of the waiting data items can result in an alternate communication path being selected, which would otherwise not have been selected at that time, and a switch to that communication path made to allow the waiting data items to be transmitted.)
filtering the communication ways that are available to perform the file transmissions with the receiving device, according to the usage status of the each communication way, (Bonar-Paragraph 138, If the list of available communication paths contains at least one communication path, the next step in the selection process is to eliminate all communication paths from the list that do not support all required capabilities)
and
performing an operation of determining the plurality of communication ways from the communication ways that are available to perform the file transmissions with the receiving device, based on remaining communication ways after filtering. (Bonar-Paragraph 131, if data items have been awaiting transmission for an excessive period of time (e.g. as determined by configuration settings) the priority of those data items are raised. The new priority value of the waiting data items can result in an alternate communication path being selected, which would otherwise not have been selected at that time, and a switch to that communication path made to allow the waiting data items to be transmitted.)
Lee and Bonar are analogous art because they present concepts and practices regarding parallel data transmission on multiple communication links. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Bonar into Lee. The motivation for the said combination would have been to enable an ability to be aware of the available communication interfaces, their characteristics and features, and to select interfaces appropriate to the type of data to be transmitted or received which is often useful to make the most efficient use of all available communication interfaces.(Bonar-Paragraph 18)
Regarding Claim 6,16
Lee-Bonar disclosed (re. Claim 6,16) wherein transmitting the file contents of the file to be transmitted to the receiving device in parallel, by using the plurality of communication ways further comprises: acquiring transmission workload of each communication way of the plurality of communication ways; (Bonar-Paragraph 131, if data items have been awaiting transmission for an excessive period of time (e.g. as determined by configuration settings) the priority of those data items are raised. The new priority value of the waiting data items can result in an alternate communication path being selected, which would otherwise not have been selected at that time, and a switch to that communication path made to allow the waiting data items to be transmitted.) In response that there are communication ways among the plurality of communication ways have completed the corresponding transmission workload before finishing transmitting the file to be transmitted, transmitting file contents, which have not been transmitted, of the file to be transmitted in parallel by using the communication ways that have completed the corresponding transmission workload. (Bonar-Paragraph 132, a previously unacceptable communication path becoming acceptable, the device can use the newly acceptable communication path without switching from a different communication path.)
Claim(s) 7,17,23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (USPGPUB 2015/0120865) further in view of Bonar (USPGPUB 2010/0124196) further in view of Gondo (USPGPUB 2015/0264150)
Regarding Claim 7,17,23
Lee-Bonar disclosed (re. Claim 7,17,23) wherein the plurality of communication ways comprise a first communication way and a second communication way. (Lee-Figure 8, Paragraph 78,Paragraph 80, socket 81 created for using the Wi-Fi network 11b and socket 82 created for using the cellular network 11a)
While Lee-Bonar substantially disclosed the claimed invention Lee-Bonar does not disclose (re. Claim 7,17,23) there are two starting position points, which comprise a file header of the file to be transmitted and an end of the file to be transmitted;
While Lee substantially disclosed the claimed invention Lee does not disclose (re. Claim 7,17,23) the first communication way corresponds to the file header, and the second communication way corresponds to the end of the file; wherein controlling the each communication way of the plurality of communication ways, starting from the corresponding starting position point, to transmit the file contents of the file to be transmitted to the receiving device in parallel comprises: performing a parallel transmission of transmitting the file contents of the file to be transmitted to the receiving device, by controlling the first communication way to start from the file header- and controlling the second communication way to start from the end of the file to be transmitted
Gondo Figure 3 Paragraph 9, disclosed a first data sending request and a second data sending request of a first data file.
Gondo Paragraph 141 disclosed wherein request sending unit 112D sends the data sending request by using WebSocket.
Gondo Paragraph 87 disclosed wherein the server 120 is required to send data from a start position of the data file to an end position thereof, and to send data from the end position of the data file to the start position thereof. As a result, in case of receiving a plurality of data in parallel, data in the data file can be effectively acquired
Gondo disclosed (re. Claim 7,17,23) there are two starting position points, which comprise a file header of the file to be transmitted and an end of the file to be transmitted; (Gondo-Figure 3,Paragraph 43, Range header indicates from a start position of data file toward an end position as bytes. On the other hand, in the first embodiment, by Range header, data of the data file is indicated to acquire along reverse direction as rbytes)
Lee and Gondo are analogous art because they present concepts and practices regarding parallel data transmission on multiple communication links. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Gondo into Lee. The motivation for the said combination would have been to enable a time to acquire all data of the data file to be shortened.(Gondo-Paragraph 5)
Lee-Gondo disclosed (re. Claim 7,17,23) the first communication way corresponds to the file header, and the second communication way corresponds to the end of the file; (Lee-Figure 8, Paragraph 78,Paragraph 80, socket 81 created for using the Wi-Fi network 11b and socket 82 created for using the cellular network 11a) wherein controlling the each communication way of the plurality of communication ways, starting from the corresponding starting position point, to transmit the file contents of the file to be transmitted to the receiving device in parallel comprises: performing a parallel transmission of transmitting the file contents of the file to be transmitted to the receiving device, (Lee-Figure 6 Paragraph 67,if another wireless network besides the wireless network through which the content data is being received becomes available or said another wireless network is requested for joint use while the content data provided to the media data processing unit 111 is being outputted after decoding as explained above, the wireless terminal 100 is switched from the single-network using mode (it may be abbreviated `single mode` hereinafter) to the multi-network using mode (it may be abbreviated `multi mode` hereinafter) by controlling the first communication way to start from the file header- and controlling the second communication way to start from the end of the file to be transmitted (Gondo-Figure 3, Paragraph 87,the server 120 is required to send data from a start position of the data file to an end position thereof, and to send data from the end position of the data file to the start position thereof. As a result, in case of receiving a plurality of data in parallel, data in the data file can be effectively acquired)
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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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
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