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 .
This action is response to the application filed on 10/03/2024. Claims 1-13 are pending and herein considered.
Oath/Declaration
The receipt of oath/declaration is acknowledged.
Drawings
The drawings were received on 10/03/2024. These drawings are reviewed and accepted by the Examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 10/11/2024 (which documents listed have been submitted on the U.S Application No. 14/320,043 filed on IDS on 08/25/2015 and 12/16/2016 and U.S Application 15/654,449 filed on 12/22/2017), is in compliance with the provisions of 37 CRR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim(s) 1-13 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-15 of U.S. Patent No. 12,113,715 (Application no. 18/382,201). Although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application merely broaden the scope of the claims of U.S. Patent No. 12,113,715 (Application no. 18/382,201) by eliminating the elements and their functions of the claims. It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art and where the patent and the application are directed to a computing system comprising at least one memory for storing a rules engine that is executed by at least one processor to: receive information associated with a communication path to be provided between communication devices, the communication path having an associated quality of service (QoS); identify one or more network elements to provide the communication path between the communication devices; and for each of the network elements: determine at least one queue that is configured to provide the communication path at the associated QoS; and transmit queue information associated with the determined queue to the network element, wherein the rules engine is further executed to, for each network element: schedule a priority level for at least two queues of the network element; and transmit the scheduled priority of the at least two queues to the network element. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify claims 1-15 of U.S. Patent No. 12,113,715 (Application no. 18/382,201) to teach the invention of the claims 1-13 of the current application.
Instant Application 18/905,503
U.S. Patent No. 12,113,715
For claim 1:
1. A computing system comprising at least one memory for storing a rules engine that is executed by at least one processor to: receive information associated with a communication path to be provided between communication devices, the communication path having an associated quality of service (QoS); identify one or more network elements to provide the communication path between the communication devices; and for each of the network elements: determine at least one queue that is configured to provide the communication path at the associated QoS; and transmit queue information associated with the determined queue to the network element, wherein the rules engine is further executed to, for each network element: schedule a priority level for at least two queues of the network element; and transmit the scheduled priority of the at least two queues to the network element
For claim 2:
2. The system as recited in claim 1, wherein each packet transmitted through the communication path includes a tag indicating the QoS.
For claim 3:
3. The system as recited in claim 2, wherein the tag is generated by and appended to the packet by at least one of the communication devices.
For claim 4:
4. The system as recited in claim 2, wherein the tag is generated by and appended to the packet by an ingress network element in the communication path.
For claim 5:
5. The system as recited in claim 1, wherein the rules engine is further executed to: determine which of the one or more network elements are configured to enforce a policy associated with the QoS; generate a rule to be associated with the policy; and transmit the rule to at least one of the one or more network elements that are configured to enforce the policy.
For claim 6:
6. The system as recited in claim 5, wherein the policy comprises a maximum throughput rate of the communication path.
For claim 7:
7. A method comprising: receiving, using at least one processor executing instructions stored in at least one memory, information associated with a communication path to be provided between communication devices on a communication network, the communication path having a quality of service (QoS); identifying, using the processor, one or more network elements to provide the communication path between the communication devices; and for each of the network elements: determining, using the processor, at least one queue that is configured to provide the communication path at the associated QoS; and transmitting, using the processor, queue information associated with the determined queue to the network element, wherein the rules engine is further executed to, for each network element: schedule a priority level for at least two queues of the network element; and transmit the scheduled priority of the at least two queues to the network element.
For claim 8:
8. The method as recited in claim 7, further comprising appending a tag to each packet transmitted through the communication path, the tag indicating the QoS of the communication path.
For claim 9:
9. The method as recited in claim 8, further comprising generating and appending the tag by at least one of the communication devices.
For claim 10:
10. The method as recited in claim 8, further comprising generating and appending the tag by an ingress network element in the communication path.
For claim 11:
11. The method as recited in claim 7, further comprising: determining which of the one or more network elements are configured to enforce a policy associated with the QoS; generating a rule to be associated with the policy; and transmitting the rule to at least one of the one or more network elements that are configured to enforce the policy.
For claim 12:
12. Code implemented on a non-transitory, computer-readable medium, when executed by at least one processor, operable to perform at least the following: receive information associated with a communication path to be provided between communication devices on a communication network, the communication path having an associated quality of service (QoS); identify one or more network elements assigned to provide the communication path between the communication devices; and for each of the network elements: determine at least one queue that is configured to provide the communication path at the associated quality of service; and transmit, using the processor, queue information associated with the determined queue to the network element, wherein the rules engine is further executed to, for each network element: schedule a priority level for at least two queues of the network element; and transmit the scheduled priority of the at least two queues to the network element.
For claim 13:
13. The code as recited in claim 12, further executed to append a tag to each packet transmitted through the communication path, the tag indicating the QoS of the communication path.
For claim 1:
a computing system comprising at least one memory for storing a rules engine that is executed by at least one processor to: receive information associated with a communication path to be provided between communication devices, the communication path having an associated quality of service (QOS); identify one or more network elements to provide the communication path between the communication devices; and for each of the network elements: determine at least one queue that is configured to provide the communication path at the associated QoS; and transmit queue information associated with the determined queue to the network element, wherein the memory stores QoS mapping information for each of the network elements, the rules engine further executed to determine the queue according to the QoS mapping information associated with each respective network element.
For claim 2:
2. The system as recited in claim 1, wherein each packet transmitted through the communication path includes a tag indicating the QoS.
For claim 3:
3. The system as recited in claim 2, wherein the tag is generated by and appended to the packet by at least one of the communication devices.
For claim 4:
4. The system as recited in claim 2, wherein the tag is generated by and appended to the packet by an ingress network element in the communication path.
For claim 5:
5. The system as recited in claim 1, wherein the rules engine is further executed to: determine which of the one or more network elements are configured to enforce a policy associated with the QoS; generate a rule to be associated with the policy; and transmit the rule to at least one of the one or more network elements that are configured to enforce the policy.
For claim 6:
6. The system as recited in claim 5, wherein the policy comprises a maximum throughput rate of the communication path.
For claim 8:
8. A method comprising: receiving, using at least one processor executing instructions stored in at least one memory, information associated with a communication path to be provided between communication devices on a communication network, the communication path having a quality of service (QOS); identifying, using the processor, one or more network elements to provide the communication path between the communication devices; and for each of the network elements: determining, using the processor, at least one queue that is configured to provide the communication path at the associated QoS; and transmitting, using the processor, queue information associated with the determined queue to the network element; and determining the queue according to QoS mapping information associated with each respective network element.
For claim 9:
9. The method as recited in claim 8, further comprising appending a tag to each packet transmitted through the communication path, the tag indicating the QoS of the communication path.
For claim 10:
10. The method as recited in claim 9, further comprising generating and appending the tag by at least one of the communication devices.
For claim 11:
11. The method as recited in claim 9, further comprising generating and appending the tag by an ingress network element in the communication path.
For claim 12:
12. The method as recited in claim 8, further comprising: determining which of the one or more network elements are configured to enforce a policy associated with the QoS; generating a rule to be associated with the policy; and transmitting the rule to at least one of the one or more network elements that are configured to enforce the policy.
For claim 14:
14. Code implemented on a non-transitory, computer-readable medium, when executed by at least one processor, operable to perform at least the following: receive information associated with a communication path to be provided between communication devices on a communication network, the communication path having an associated quality of service (QOS); identify one or more network elements assigned to provide the communication path between the communication devices; for each of the network elements: determine at least one queue that is configured to provide the communication path at the associated quality of service; and transmit, using the processor, queue information associated with the determined queue to the network element; and determine the queue according to QoS mapping information associated with each respective network element.
For claim 15:
15. The code as recited in claim 14, further executed to append a tag to each packet transmitted through the communication path, the tag indicating the QoS of the communication path.
Conclusion
The prior arts made or record and not relied upon are considered pertinent to applicant's disclosures. Kakadia et al. (U.S 2014/0146682), discloses a network that supports QoS may include one or more network devices that process network traffic and determining network devices in the path of the packet flow (block 620). In some implementations, QoS controller may look up or otherwise determine the network devices that implement time-based queues and that will receive packets as part of the packet flow.
Yang et al. (U.S 2012/0155298), discloses the service optimization module performs or communicates instructions to one or more network elements in the LTE EPS network architecture for service optimization based upon the monitored data and the analysis performed by the rule management engine.
Dobson et al. (EP 3203770A1), discloses rule engine where a rule input to receive rules for operating on data from the network; a data input to receive one or both of performance and configuration data from the network; and a rules engine coupled to the rule input and to the data input to operate on the data from the network using the rules. Sharma et al. (U.S 2011/0261831), discloses QoS controller may assign different priorities for the same flow in different switches that form an end-to-end path for the flow.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAN-HUONG TRUONG whose telephone number is (571) 270-5829. The examiner can normally be reached on Monday-Friday 8am-5pm.
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/LAN-HUONG TRUONG/Primary Examiner, Art Unit 2464
08/05/2026
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