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 application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-10 are rejected in the Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of Chinese patent application 230311295206.7 filed 10/07/2023.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/18/25 and 9/26/24 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1, it is unclear how the calculation is made ‘identifying whether the data enters a sending queue abnormally on the basis of the first time, second time and the third time’. It is unclear what constitutes a basis for identification using the three times, is it a calculation, an overview, a judgement call? Examiner suggests clarifying how the identification is made. Claims 2-7 are rejected based on their dependency to rejected parent claim 1.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 10, it is unclear how the calculation is made ‘identifying whether the data enters a sending queue abnormally on the basis of the first time, second time and the third time’. It is unclear what constitutes a basis for identification using the three times, is it a calculation, an overview, a judgement call? Examiner suggests clarifying how the identification is made.
Claims 6, 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The term "abnormal flow processing function" in claims 6 and 7 is a relative term which renders the claims indefinite. The term "abnormal flow processing function" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Examiner suggests clarifying or defining the terminology, examiner interprets abnormal flow processing function to be a calculated delay.
This application 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: an acquisition module, for acquiring a first time; an identification module, for identifying; and a notification module, for informing in claim 10.
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 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
For a computer-implemented means-plus-function claim limitation that invokes 35 U.S.C. 112, sixth paragraph, the corresponding structure is required to be more than simply a general purpose computer or microprocessor. See Aristocrat, 521 F.3d 1328, 1333 (Fed. Cir. 2008). The corresponding structure for a computer-implemented function must include the algorithm as well as the general purpose computer or microprocessor. See WMS Gaming, Inc., 184 F.3d 1339 (Fed. Cir. 1999). The written description of the specification must at least disclose the algorithm that transforms the general purpose microprocessor to a special purpose computer programmed to perform the disclosed algorithm that performs the claimed function. Aristocrat at 1338. Applicant may express the algorithm in any understandable terms including as a mathematical formula, in prose, in a flow chart, or in any other manner that provides sufficient structure. See Finisar Corp., 523 F.3d 1323, 1340 (Fed. Cir. 2008).
A rejection under 35 U.S.C. 112, second paragraph, is appropriate if the written description of the specification discloses no corresponding algorithm. Aristocrat at 1337-1338. For example, merely referencing to a general purpose computer with appropriate programming without providing any detailed explanation of the appropriate programming, see Id. at 1334, or simply reciting software without providing some detail about the means to accomplish the function, would not be an adequate disclosure of the corresponding structure to satisfy the requirements of 35 U.S.C. 112, second paragraph, even when one of ordinary skill in the art is capable of writing the software to convert a general purpose computer to a special purpose computer to perform the claimed function. See Finisar, 523 F.3d at 1340-1341. ***
The above cited rejections are merely exemplary.
The Applicant(s) are respectfully requested to correct all similar errors.
Claims not specifically mentioned are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 103
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (US20210306910A1) hereinafter Guo in view of Kahn et al. (US20220046567A1) hereinafter Kahn.
Regarding claim 1. Guo teaches a method for processing data in a time-sensitive network, the data being time-sensitive data (¶0022 see embodiments are based on the recognition that the data traffic in a TSN network can be divided into the time-critical TSN traffic and the non-time-critical best effort traffic), wherein the method comprises:
acquiring a first time corresponding to a time when the data is scheduled (¶0008 data are scheduled such that time-critical traffic needs to be delivered on time), a second time corresponding to a time when a gate control operation of the data is planned to begin (¶0177 see At time 0, gate-8 opens to transmit Stream-1 and the rest of seven queues are closed. Stream-1 takes 10 μs to transmit), and a third time corresponding to a duration of a gate control operation of the data (¶0040 see starting time of the transmission window indicates the gate open time of the queue and the ending time of the transmission window indicates gate close time of the queue);
identifying whether the data enters a sending queue abnormally on the basis of the first time, the second time, and the third time (¶0183 see for a TSN stream, once the routing path is determined, scheduler can compute link communication delay for each link. The link communication delay is a portion of link delay that includes queueing delay as shown in equation (2). The queueing delay is determined by optimal scheduling [delay is interpreted as abnormally]); and
Guo does not explicitly teach informing a sender of the data to adjust a sending time in response to the data entering the sending queue abnormally
Kahn however in the same field of computer networking teaches informing a sender of the data to adjust a sending time in response to the data entering the sending queue abnormally (¶0028 see if the NG-RAN determines a need to adapt the burst arrival time, the NG-RAN may transmit an indication to the AF may include a burst arrival time offset value, for example of up to +/−2 ms. With respect to downlink flows, the AF may adapt the burst sending time based on the received offset ..the AF may request the source to adapt the burst sending time)
Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the delay management of Guo and the teachings of Kahn for informing sender to adjust sending time to combine the teachings such that Guo utilizes the informing as part of the delay management. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so would help reduce communication delays.
Regarding claim 2. The already combined references teach the method as set forth in claim 1, wherein identifying whether the data enters a sending queue abnormally comprises determining if the difference between the first time and the second time is greater than the third time and/or determining if the difference between the first time and the second time is less than 0 (Guo ¶0173 see FIG. 9B is a schematic illustrating an example of converting the schedule shown in FIG. 9A into the gate control list to control data traffic transmission by the TSN node, according to some embodiments of the present disclosure. For example, FIG. 9B shows an example of converting the schedule shown in FIG. 9A into the gate control list to control data traffic transmissions by the TSN node, where represents gate open, c represents gate closed and x indicates gate may open if data is available Note: see formula for delays ¶0161-165 and further constraints at ¶0143-148 calculating end to end delays).
Regarding claim 3. The already combined references teach the method as set forth in claim 1, wherein informing the sender of the data to adjust a sending time comprises informing the sender of the data to adjust the sending time on the basis of a delay value of the data, wherein the delay value is computed on the basis of the first time and a fourth time, the fourth time being a time when the data is planned to be scheduled (¶0186 see once the scheduling period is determined, the scheduler can determine the optimal scheduling by solving optimization problem (4), which provides information to generate 1080 gate control list for each egress port of the wired node and wireless transmitter [using Kahns sending see claim 1 above, the optimized schedule can be shared with the sender]).
Regarding claim 4. The already combined references teach the method as set forth in claim 3, further comprising computing the delay value of data multiple times and using a smoothing algorithm to subject multiple computed delay values to smoothing, so as to obtain a final delay value, and the sender is informed to adjust the sending time on the basis of the final delay value (Guo ¶0148-0154 see calculation for all TSN streams end-to-end delay Note: formula ie a final delay value based on all streams creating a smooth value over time period for delays).
Regarding claim 5. The already combined references teach the method as set forth in claim 1, further comprising:
identifying whether the data is time-sensitive data (Guo ¶0039 see classes into the queues in such a way that the time-critical TSN traffic streams); and
putting the data into a sending queue having the highest priority in response to
identifying that the data is time-sensitive data (Guo ¶0039 see based on the number of queues, a TSN node can categorize traffic into traffic classes based on traffic priorities, and map traffic classes into the queues in such a way that the time-critical TSN traffic streams are mapped into the higher priority queues)
Regarding claim 6. The already combined references teach the method as set forth in claim 1, further comprising:
identifying whether an abnormal flow processing function is activated (Guo ¶0027 see realization that the TSN delay of a TSN stream at a node ); and
identifying whether the data enters a sending queue abnormally in response to the abnormal flow processing function being activated (Guo ¶0027 see Ethernet node and wireless node using TDMA channel access, includes queueing time, total transmission time, total guard time and propagation time. For a wireless node using CSMA channel access, there is an additional delay, i.e., random backoff time. Therefore, the summation of delay at all the nodes along a routing path is the end-to-end TSN delay)
Regarding claim 7. The already combined references teach the method as claimed in claim 6, wherein a value of a function register is used to indicate activation or deactivation of the abnormal flow processing function (Guo ¶0047 see Compute for each link layer routing path, a link communication delay for each link of one or more relay nodes connecting a source node to a destination node for each TSN stream using a network scheduler. Wherein the link communication delay includes a transmission duration that is a portion of a link delay. The transmission duration includes a total transmission time to transmit all frames in the TSN stream and a total inter-frame-guard-time, and the link delay includes a queueing delay. Determining interfering links for each wireless link using the network scheduler, so that the interfering links do not have an overlapping transmission time)
Regarding claim 8. Guo teaches a method for processing data in a time-sensitive network (¶0020 see disclosure relates generally to schedule data traffic in communications networks, and more particularly to methods and apparatus for scheduling data traffic in time sensitive networks), the method comprising:
receiving at least one item of data (¶0039 see TSN node can categorize traffic [received data ie traffic] into traffic classes based on traffic priorities);
allocating the at least one item of data to multiple sending queues on the basis of a characteristic of the at least one item of data, wherein time-sensitive data is allocated to a sending queue having the highest priority (¶0039 see TSN node can categorize traffic into traffic classes based on traffic priorities, and map traffic classes into the queues in such a way that the time-critical TSN traffic streams are mapped into the higher priority queues and the non-time-critical best effort traffic are mapped into the lower priority queues);
scheduling data in the multiple sending queues on the basis of a preset gate control list (¶0046 see each TSN stream is transmitted at least once in a scheduling period. Determine optimal scheduling using an optimal scheduling module, so as to generate a gate control list for each egress port of the wired node and a wireless transmitter of the TSN. Then, generate the gate control list for each egress port of the wired node and the wireless transmitter of the TSN. Begin transmission of the data based on the generated gate control list);
when scheduling the time-sensitive data, monitoring whether the time-sensitive data enters the sending queue having the highest priority normally (¶0181 see For a TSN stream, the information includes priority, end-to-end delay requirement, data period, number of frames within each period, size of the frame, upper layer delay, etc. The priority is used by priority filter 204 to buffer data into an appropriate queue as shown in FIGS. 2A, 2B, 3A and 3B. The rest of information can be used by network scheduler for delay calculation [if the delay requirement is met, data enters queue normally]); and
Guo teaches upon detecting that the time-sensitive data enters the sending queue having the highest priority abnormally (¶0183 see for a TSN stream, once the routing path is determined, scheduler can compute link communication delay for each link. The link communication delay is a portion of link delay that includes queueing delay as shown in equation (2). The queueing delay is determined by optimal scheduling [delay is interpreted as abnormally]) however does not explicitly teach performing an adjustment operation, so that the time-sensitive data is able to enter the sending queue having the highest priority normally
Kahn however in the same field of computer networking teaches performing an adjustment operation, so that the time-sensitive data is able to enter the sending queue having the highest priority normally (¶0028 see if the NG-RAN determines a need to adapt the burst arrival time, the NG-RAN may transmit an indication to the AF may include a burst arrival time offset value, for example of up to +/−2 ms. With respect to downlink flows, the AF may adapt the burst sending time based on the received offset ..the AF may request the source to adapt the burst sending time)
Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the delay management of Guo and the teachings of Kahn for informing sender to adjust sending time to combine the teachings such that Guo utilizes the informing as part of the delay management. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so would help reduce communication delays.
Regarding claim 9. The already combined references teach the method as set forth in claim 8, wherein, when the time-sensitive data enters a sending queue early or late and is not scheduled within a specified gate control time, the time-sensitive data is considered to enter a sending queue abnormally (Guo ¶0047 see communication delay includes a transmission duration that is a portion of a link delay. The transmission duration includes a total transmission time to transmit all frames in the TSN stream and a total inter-frame-guard-time, and the link delay includes a queueing delay. Determining interfering links for each wireless link using the network scheduler, so that the interfering links do not have an overlapping transmission time. Then, determining a scheduling period using the network schedule)
Regarding claim 10. Guo teaches an apparatus for processing data in a time-sensitive network, the data being time-sensitive data (¶0022 see embodiments are based on the recognition that the data traffic in a TSN network can be divided into the time-critical TSN traffic and the non-time-critical best effort traffic), wherein the processing apparatus comprises:
an acquisition module, for acquiring a first time, a second time and a third time, wherein the first time is a time when the data is actually scheduled (¶0008 data are scheduled such that time-critical traffic needs to be delivered on time), the second time is a time when a gate control operation of the data is planned to begin (¶0177 see At time 0, gate-8 opens to transmit Stream-1 and the rest of seven queues are closed. Stream-1 takes 10 μs to transmit), and the third time is a duration of a gate control operation of the data (¶0040 see starting time of the transmission window indicates the gate open time of the queue and the ending time of the transmission window indicates gate close time of the queue);
an identification module, for identifying whether the data enters a sending queue abnormally on the basis of the first time, the second time and the third time acquired by the acquisition module (¶0183 see for a TSN stream, once the routing path is determined, scheduler can compute link communication delay for each link. The link communication delay is a portion of link delay that includes queueing delay as shown in equation (2). The queueing delay is determined by optimal scheduling [delay is interpreted as abnormally]); and
Guo does not explicitly teach a notification module, for informing a sender of the data to adjust a sending time when the identification module identifies that the data enters a sending queue abnormally
Kahn however in the same field of computer networking teaches a notification module, for informing a sender of the data to adjust a sending time when the identification module identifies that the data enters a sending queue abnormally (¶0028 see if the NG-RAN determines a need to adapt the burst arrival time, the NG-RAN may transmit an indication to the AF may include a burst arrival time offset value, for example of up to +/−2 ms. With respect to downlink flows, the AF may adapt the burst sending time based on the received offset ..the AF may request the source to adapt the burst sending time)
Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the delay management of Guo and the teachings of Kahn for informing sender to adjust sending time to combine the teachings such that Guo utilizes the informing as part of the delay management. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so would help reduce communication delays.
Conclusion
References are cited not only for their quoted language but for all that they teach.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atta Khan whose telephone number is 571-270-7364. The examiner can normally be reached on M-F 09:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Srivastava can be reached on (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATTA KHAN/
Examiner, Art Unit 2449