DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the preliminary amendments filed 12/23/2024. Claims 1-12 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/23/2024 and 09/02/2025. 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 Objections
Claims 2 and 9 are objected to because of the following informalities: lack of terminology consistency
Claim 2, line 6, recites “the one or plurality of communication devices” and should be changed to -- the one or the plurality of communication devices --.
Similar changes are suggested for subsequent claims.
Appropriate corrections are required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
As to Claim 8 which discloses a program, is rejected under 101, for having a non-statutory matter. The claim is drawn to a “program for causing a computer to execute”. The specification is silent regarding the meaning of this term. Thus, applying the broadest reasonable interpretation in light of the specification and taking into account the meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art (MPEP 2111), the claim as a whole covers both transitory and non-transitory media. A program does not fall into any of the 4 categories of invention (process, machine, manufacture, or composition of matter).
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 of this title, 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Koyasako et al. (2021/0312792, hereinafter Koyasako) in view of Nakano (202/0295826).
Regarding claim 1, Koyasako discloses a delay information collection device comprising:
a path information acquisition unit, including one or more processors (Koyasako, para. 126), configured to acquire path information regarding a communication path between a control target device and a control device (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30, where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38); and
a delay information acquisition unit, including one or more processors, configured to acquire delay information indicating a delay time of communication generated in the communication path from one or a plurality of communication devices existing in the communication path (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30 (communication devices), where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38).
Koyasako does not explicitly disclose a delay information transmission unit, including one or more processors, configured to transmit total delay information indicating a total of the delay times based on the delay information acquired by the delay information acquisition unit to the control device that controls the control target device on a basis of the total delay information.
In analogous art, Nakano teaches a delay information transmission unit, including one or more processors, configured to transmit total delay information indicating a total of the delay times based on the delay information acquired by the delay information acquisition unit to the control device that controls the control target device (Nakano discloses that the total delay time in a transmission route is a total of transmission delay times of the respective routes constituting the transmission route) (Nakano, para. 92) on a basis of the total delay information (Nakano discloses that the management device 9 identifies a transmission route corresponding to the measurement delay time the basis of the collected measurement delay time and the route delay information) (Nakano, para. 46).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Nakano related to transmitting total delay information indicating a total of delay times and to combine with Koyasako in order to identify the most efficient transmission path based on the collected measurement delay times (Nakano, para. 55).
Regarding claim 2, Koyasako and Nakano discloses the delay information collection device according to claim 1, wherein
the path information includes identification information for identifying the control target device (Nakano discloses that the collecting unit 91 compares the collected measurement delay time with a previously registered measurement delay time for each transmission route (path), and identifies an identification of the transmission route based on an increase or decrease of measurement delay time) (Nakano, para. 54), and
the delay information acquisition unit is configured to acquire the delay information from the one or plurality of communication devices existing between the control target device identified with the identification information and the control device (Nakano discloses that the information extracting unit 24 extracts measurement information added to the main signal and the information managing unit 26 sends the acquired transmission delay time to the management device 9) (Nakano, para. 41).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Nakano related to the path information includes identification information and acquires the delay information from the communication devices and to combine with Koyasako and Nakano in order to identify the most efficient transmission path based on the collected measurement delay times (Nakano, para. 55).
Regarding claim 3, Koyasako and Nakano discloses the delay information collection device according to claim 1, further comprising:
a delay information request unit, including one or more processors, configured to transmit a transmission request of the delay information to the communication device (Koyasako discloses that the processing time measurement unit 321 of the white box switch 32 sequentially measures (requests) the processing time of the communication processing executed by the white box switch 32 and determines whether to transmit delay information indicating the processing time to the control server 21 based on the processing time measured by the processing time measurement unit 321 and the period of the measurement by the processing time measurement unit 321) (Koyasako, para. 53).
Regarding claim 4, Koyasako and Nakano discloses the delay information collection device according to claim 1, wherein the delay time includes a processing time of processing executed by the communication device (Koyasako discloses that the processing time measurement unit 321 of the white box switch 32 sequentially measures the processing time of the communication processing executed by the white box switch 32 and determines whether to transmit delay information indicating the processing time to the control server 21 based on the processing time measured by the processing time measurement unit 321 and the period of the measurement by the processing time measurement unit 321) (Koyasako, para. 53).
Regarding claim 5, Koyasako and Nakano discloses the delay information collection device according to claim 1, wherein the delay time is a time indicating a delay generated in a specific section of the communication path managed by the communication device (Koyasako discloses that the time acquired by the subtracting the processing time measured last time from the processing time measured this time is longer than a predetermined length (control period) (specified section), the delay information is transmitted to the control server 21 and the control algorithm updates the delay information to be carried out in the control server 21) (Koyasako, para. 78).
Regarding claim 6, Koyasako discloses a delay control system comprising: a control device and a delay information collection device,
the control device including:
a path information transmission unit, including one or more processors (Koyasako, para. 126), configured to transmits, to the delay information collection device, path information regarding a communication path between a control target device to be controlled and the control device (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30, where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38); and
a delay information acquisition unit, including one or more processors, configured to acquires the delay information indicating the delay time from one or a plurality of communication devices existing in the communication path (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30 (communication devices), where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38).
Koyasako does not explicitly disclose a total delay information acquisition unit, including one or more processors, configured to acquires, from the delay information collection device, total delay information indicating a total of delay times of communication generated in the communication path; and a control unit, including one or more processors, configured to controls the control target device on a basis of the total delay information acquired by the total delay information acquisition unit, and the delay information collection device including: a path information acquisition unit, including one or more processors, configured to acquires the path information transmitted from the control device; and a total delay information transmission unit, including one or more processors, configured to transmits, to the control device, the total delay information indicating the total of the delay times based on the delay information acquired by the delay information acquisition unit.
In analogous art, Nakano teaches a total delay information acquisition unit, including one or more processors, configured to acquires, from the delay information collection device, total delay information indicating a total of delay times of communication generated in the communication path (Nakano discloses that the total delay time in a transmission route is a total of transmission delay times of the respective routes constituting the transmission route) (Nakano, para. 92); and
a control unit, including one or more processors, configured to controls the control target device on a basis of the total delay information acquired by the total delay information acquisition unit (Nakano discloses that the management device 9 identifies a transmission route corresponding to the measurement delay time the basis of the collected measurement delay time and the route delay information) (Nakano, para. 46), and
the delay information collection device including:
a path information acquisition unit, including one or more processors, configured to acquires the path information transmitted from the control device (Nakano discloses that the information extracting unit 24 extracts measurement information added to the main signal and the information managing unit 26 sends the acquired transmission delay time to the management device 9) (Nakano, para. 41); and
a total delay information transmission unit, including one or more processors, configured to transmits, to the control device, the total delay information indicating the total of the delay times based on the delay information acquired by the delay information acquisition unit (Nakano discloses that the total delay time in a transmission route is a total of transmission delay times of the respective routes constituting the transmission route) (Nakano, para. 92).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Nakano related to acquiring the total delay information, acquiring the path information, transmitting the total delay information indicating a total of delay times and to combine with Koyasako in order to identify the most efficient transmission path based on the collected measurement delay times (Nakano, para. 55).
Regarding claim 7, Koyasako discloses a delay information collection method by a computer of a delay information collection device, the delay information collection method comprising:
acquiring path information regarding a communication path between a control target device and a control device (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30, where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38); and
acquiring delay information indicating a delay time of communication generated in the communication path from one or a plurality of communication devices existing in the communication path (Koyasako discloses that the control apparatus 20 acquires the information (path information) indicating the processing time or delay information from all communication apparatuses 30 (communication devices), where the delay information updates based on sequentially acquired delay information each time; the control algorithm is executed by the control apparatus 20 (control device) for controlling the target controlled apparatus 10 (control target device) in real time) (Koyasako, para. 38).
Koyasako does not explicitly disclose transmitting total delay information indicating a total of the delay times based on the delay information to the control device that controls the control target device on a basis of the total delay information.
In analogous art, Nakano teaches transmitting total delay information indicating a total of the delay times based on the delay information to the control device that controls the control target device (Nakano discloses that the total delay time in a transmission route is a total of transmission delay times of the respective routes constituting the transmission route) (Nakano, para. 92) on a basis of the total delay information (Nakano discloses that the management device 9 identifies a transmission route corresponding to the measurement delay time the basis of the collected measurement delay time and the route delay information) (Nakano, para. 46).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Nakano related to transmitting total delay information indicating a total of delay times and to combine with Koyasako in order to identify the most efficient transmission path based on the collected measurement delay times (Nakano, para. 55).
Regarding claim 8, Koyasako and Nakano discloses a program for causing a computer to execute operations of the delay information collection method according to claim 7 (Similar rationale to claim 7).
Regarding claim 9, Koyasako discloses the delay information collection method according to claim 7, wherein
the path information includes identification information for identifying the control target device (Nakano discloses that the collecting unit 91 compares the collected measurement delay time with a previously registered measurement delay time for each transmission route (path), and identifies an identification of the transmission route based on an increase or decrease of measurement delay time) (Nakano, para. 54), and the method further comprises:
acquiring the delay information from the one or plurality of communication devices existing between the control target device identified with the identification information and the control device (Nakano discloses that the information extracting unit 24 extracts measurement information added to the main signal and the information managing unit 26 sends the acquired transmission delay time to the management device 9) (Nakano, para. 41).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Nakano related to the path information includes identification information and acquires the delay information from the communication devices and to combine with Koyasako and Nakano in order to identify the most efficient transmission path based on the collected measurement delay times (Nakano, para. 55).
Regarding claim 10, Koyasako and Nakano discloses the delay information collection method according to claim 7, further comprising:
transmitting a transmission request of the delay information to the communication device (Koyasako discloses that the processing time measurement unit 321 of the white box switch 32 sequentially measures (requests) the processing time of the communication processing executed by the white box switch 32 and determines whether to transmit delay information indicating the processing time to the control server 21 based on the processing time measured by the processing time measurement unit 321 and the period of the measurement by the processing time measurement unit 321) (Koyasako, para. 53).
Regarding claim 11, Koyasako and Nakano discloses the delay information collection method according to claim 7, wherein
the delay time includes a processing time of processing executed by the communication device (Koyasako discloses that the processing time measurement unit 321 of the white box switch 32 sequentially measures the processing time of the communication processing executed by the white box switch 32 and determines whether to transmit delay information indicating the processing time to the control server 21 based on the processing time measured by the processing time measurement unit 321 and the period of the measurement by the processing time measurement unit 321) (Koyasako, para. 53).
Regarding claim 12, Koyasako and Nakano discloses the delay information collection method according to claim 7, wherein
the delay time is a time indicating a delay generated in a specific section of the communication path managed by the communication device (Koyasako discloses that the time acquired by the subtracting the processing time measured last time from the processing time measured this time is longer than a predetermined length (control period) (specified section), the delay information is transmitted to the control server 21 and the control algorithm updates the delay information to be carried out in the control server 21) (Koyasako, para. 78).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tomita et al. (2010/0315998) and Dutti et al. (2015/0304066) discloses obtaining path delay times and controlling the efficiency of transmitting data.
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/ANDREW WOO/Examiner, Art Unit 2458
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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