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 .
Information Disclosure Statement
2. The Information Disclosure Statement filed on 02/26/2025 has been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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3. Claims 2,9,10,12, 13 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,6,7,9,11 and 17 are of U.S. Patent No. 12095512 in view of Nejm et al; (Dynamic Reallocation of SLA Parameters in Passive Optical Network Based on Clustering Analysis – 2018 attached).
Claim 2 of 18/886474
Claim 1 of US Patent 12095512
A method for allocating bandwidth in a network including a plurality of devices and a control device, each of the plurality of devices configured to communicate within the network, comprising:
See note below
A method for allocating bandwidth between a plurality of devices of a network, the method comprising:
defining a first time-slot allocation including at least one first timeslot, each first timeslot being allocated to one device of a first subset of the plurality of devices;
See note below
during a first timeslot allocation cycle, granting a respective first upstream time slot of a plurality of first upstream timeslots to a first set of the devices;
defining a second time-slot allocation including at least one second timeslot, each second timeslot being allocated to one device of a second subset of the plurality of devices, the second time-slot allocation being consecutive to the first time-slot allocation;
See note below
during a second time-slot allocation cycle that follows, and is consecutive to, the first time-slot allocation cycle,
wherein, the second subset of the plurality devices includes at least one skipped device not included in the first subset of the plurality of devices;
wherein: the plurality of devices includes a skipped device; only one of the first set or the second set includes the skipped device.
granting the first timeslot and each second timeslot to each respective allocated device of the plurality of devices.
See note below
granting a respective second upstream timeslot of a plurality of second upstream timeslots to a second set of the devices;
Claim 1 of US Patent 12095512 does not explicitly disclose a control device, each of the plurality of devices configured to communicate within the network. In a related field of endeavor, Nejm discloses OLT discloses dynamic bandwidth allocation (DBA) wherein the OLT allocates bandwidth to the plurality of optical network units (ONUs), see figure 3 and table III. Further, claim 1 of US Patent 12095512 does not explicitly disclose, “each second timeslot being allocated to one device of a second subset of the plurality of devices”. Further, in a related field of endeavor, Nejm discloses; allocation of upstream Gigabit-capable Passive Optical Networks (GPON) resources based dynamic service level agreement (SLA) by clustering plurality of ONUs into heavy,(M1); light (M2) and flexible (M3) and thus upstream allocation to predetermined of ONUs; see Abstract; and the motivation for one of the ordinary skilled in the art before the effective filling date of the invention is to provide increased efficiency in allocation of upstream bandwidth.
Claim 9 of 18/886474
Claim 6 of US Patent 12095512
The method of claim 2, each device of the plurality of devices being an optical network unit (ONU).
The method of claim 1, the devices being optical network units (ONUs).
Claim 10 of 18/886474
Claim 7 of US Patent 12095512
The method of claim 2, the control device being an optical line terminal (OLT).
The method of claim 1, each of the plurality of devices being communicatively coupled to an optical line terminal (OLT) of the network.
Claim 12 of 18/886474
Claim 9 of US Patent 12095512
The method of claim 2, the network being an optical network.
The method of claim 1, the network being an optical network.
Claim 13 of 18/886474
Claim 11 of US Patent 12095512
A device for allocating bandwidth in a network including a plurality of devices and a control device, each of the plurality of devices configured to communicate within the network, comprising:
See note below
A device for allocating bandwidth in a network, comprising:
processor; memory in communication with the processor and storing computer readable instructions that, when executed by the processor, cause the device to:
a processor; and a memory storing non-transitory computer-readable instructions that, when executed by the processor, cause the processor to:
a define a first time-slot allocation including at least one first timeslot, each first timeslot being allocated to one device of a first subset of the plurality of devices,
See note below
during a first timeslot allocation cycle, grant a respective first upstream time slot of a plurality of first upstream timeslots to a first set of a plurality of devices of the network,
define a second time-slot allocation including at least one second timeslot, each second timeslot being allocated to one device of a second subset of the plurality of devices, the second time-slot allocation being consecutive to the first time-slot allocation, and
See note below
during a second time-slot allocation cycle that follows, and is consecutive to, the first time-slot allocation cycle,
grant each first timeslot and each second timeslot to each respective allocated device of the plurality of devices;
grant a respective second upstream timeslot of a plurality of second upstream timeslots to a second set of the plurality of devices of the network;
wherein, the second subset of the plurality devices includes at least one skipped device not included in the first subset of the plurality of devices.
wherein: the plurality of devices includes a skipped device; only one of the first set or the second set includes the skipped device.
Claim 11 of US Patent 12095512 does not explicitly disclose “including a plurality of devices and a control device, each of the plurality of devices configured to communicate within the network”. In a related field of endeavor, Nejm discloses OLT discloses dynamic bandwidth allocation (DBA) wherein the OLT allocates bandwidth to the plurality of optical network units (ONUs), see figure 3 and table III. Further, claim 1 of US Patent 12095512 does not explicitly disclose, “each second timeslot being allocated to one device of a second subset of the plurality of devices”. Further, in a related field of endeavor, Nejm discloses; allocation of upstream Gigabit-capable Passive Optical Networks (GPON) resources based dynamic service level agreement (SLA) by clustering plurality of ONUs into heavy,(M1); light (M2) and flexible (M3) and thus upstream allocation to predetermined of ONUs; see Abstract; and the motivation for one of the ordinary skilled in the art before the effective filling date of the invention is to provide increased efficiency in allocation of upstream bandwidth.
Claim 20 of 18/886474
Claim 17 of US Patent 12095512
The device of claim 13, each device of the plurality of devices being an optical network unit (ONU), the device being an optical line terminal (OLT).
The device of claim 11, each of the ONUs plurality of devices being communicatively coupled to an optical line terminal (OLT) of the network.
Allowable Subject Matter
Claims 3-8,11,14-19 and 21 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Yoshida et al; (US 2011/0217041) discloses bandwidth allocation plurality of ONUs with plurality of communication speeds; see figure 1.
b. Yoo et al; (US 2011/0129223) discloses dynamic bandwidth allocation based on detecting guaranteed agreement information of each transmission container; see figure 3.
c. Levit et al; (WO 2006/106499 A2) ) discloses dynamic bandwidth allocation based on the guaranteed band width and best service band width to the next ONU; see figure 5.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
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/AMRITBIR K SANDHU/Primary Examiner, Art Unit 2636
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