DETAILED ACTION
The instant application having application No 18/907,966 filed on 10/09/2024 is presented for examination 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 19-39 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 19-39 of Patent Application No. 18321277 (Patent no: 12114192) (hereafter Patent Application). Although the conflicting claims are not identical, they are not patentably distinct from each other because both claims are based on changing the configuration instructions for at least one of plurality of client devices based on the determined at least one indicator of wireless performance and vice versa.
For claim 19, Patent Application discloses a method of distributed network performance management, the method comprising a) sending configuration instructions comprising a level of autonomy to each of a plurality of client devices forming a network; b) receiving wireless communication performance data from at least some of the plurality of client devices; c) determining a condition of wireless performance of the network from the wireless communication performance data; d) changing the configuration instructions for at least one of the plurality of client devices in response to the condition of wireless performance of the network; e) monitoring wireless performance by capturing wireless packet data on at least one of the plurality of client devices and determining at least one indicator of wireless performance from the captured wireless packet data; and f) changing the configuration instructions for at least one of plurality of client devices based on the determined at least one indicator of wireless performance(See Claim 19).
For claim 20, Patent Application discloses the monitoring wireless performance
Comprises a) establishing a wireless network testing regime that is based on the level of autonomy; b) selecting a type of wireless network testing to be performed; c)scheduling a performance of the selected type of wireless network testing; d) selecting a granularity level for the selected type of wireless network testing; e) performing the selected type of network testing to generate wireless network test results; f) scheduling reporting of generated wireless network test results of the selected type of wireless network testing to a control server; and g) reporting generated wireless network test results to the control server(See Claim 19).
For claim 21, Patent Application discloses the selecting the type of wireless network testing to be performed is based on statistical sampling methodologies (See Claim 20).
For claim 22, Patent Application discloses the scheduling of the reporting of generated wireless network test results is based on statistical sampling methodologies (See Claim 21).
For claim 23, Patent Application discloses the performing the selected type of network testing to generate wireless network test results is based on statistical sampling methodologies (See Claim 22).
For claim 24, Patent Application discloses the control server comprises a third-party server (See Claim 23).
For claim 25, Patent Application discloses comprising performing a wireless performance monitoring application that causes a client device to establish the network testing regime based on the level of autonomy (See Claim 19).
For claim 26, Patent Application discloses comprising selecting a granularity level for the network testing regime (See Claim 26).
For claim 27, Patent Application discloses comprising adjusting the network testing regime based on a service level (See Claim 27).
For claim 28, Patent Application discloses comprising monitoring of a parameter of wireless network performance and increasing the granularity level in response to the monitoring (See Claim 28).
For claim 29, Patent Application discloses comprising monitoring a parameter of wireless network performance and decreasing the granularity level in response to the monitoring (See Claim 29).
For claim 30, Patent Application discloses comprising performing a wireless performance monitoring application installed on at least two of the plurality of client devices (See Claim 19).
For claim 31, Patent Application discloses comprising reporting network test results to a
control server (See Claim 19).
For claim 32, Patent Application discloses comprising monitoring of a parameter of wireless network performance and increasing a network testing frequency in response to the monitoring (See Claim 30).
For claim 33, Patent Application discloses comprising monitoring a parameter of wireless network performance and decreasing a network testing frequency in response to the monitoring (See Claim 31).
For claim 34, Patent Application discloses comprising determining the configuration
instructions (See Claim 19).
For claim 35, Patent Application discloses the configuration instructions comprise instructions to capture geolocation data regarding at least one of the plurality of client devices geolocation (See Claim 33).
For claim 36, Patent Application discloses comprising providing the captured geolocation data in conjunction with generated network test results (See Claim 34).
For claim 37, Patent Application discloses the configuration instructions comprise instructions to send generated network test results to a third-party server for analysis and reporting (See Claim 35).
For claim 38, Patent Application discloses the configuration instructions comprise instructions to send detailed test results to a third party while sending only results at a level of detail required by a control server to manage statistical sampling and testing regimes to the control server (See Claim 36).
For claim 39, Patent Application discloses comprising extracting frame data from wireless packet data (See Claim 39).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 19, and 30-39 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable Saavedra (US 20180375760, Dec. 27, 2018) in view of Behravan et al. (U.S 20160192379, Jun. 30, 2016).
1-18. Cancelled.
Regarding Claim 19, Saavedra discloses a method of distributed network performance management (page 7, par (0124), line 1-10, network solution is provided for improving network communication performance between at least two sites, where the two sites are at a distance from one another that is require long haul network communication), the method comprising b) receiving wireless communication performance data from at least some of the plurality of client devices (page 2, par (0016), line 1-10, the network server component is configured to connect with an intelligent packet distribution engine that manages data packets transmission over the long haul network path by obtaining data traffic parameters and, based on the data traffic parameters and performance criteria, selectively applies to alter the traffic over the long haul network path to conform to the data traffic parameters);
c) determining a condition of wireless performance of the network from the
wireless communication performance data(page 9, par (0165), line 1-10, The network access server acts as the access point to the Internet for a plurality of CPE devices that are connected to the PoP, the CCPEs configured to communicate with one another to share information regarding network conditions, CCPEs provide connectivity to CPEs and CPE-CEs and run a networking protocol such as BGP to route servers and other network backbone connections);
d) changing the configuration instructions for at least one of the plurality of client
devices in response to the condition of wireless performance of the network(page 9, par (0165), line 1-10, The network access server acts as the access point to the Internet for a plurality of CPE devices that are connected to the PoP, the CCPEs configured to communicate with one another to share information regarding network conditions, CCPEs provide connectivity to CPEs and CPE-CEs and run a networking protocol such as BGP to route servers and other network backbone connections(wherein the changing the configuration instructions based on the conditions));
and f) changing the configuration instructions for at least one of plurality of client
devices based on the determined at least one indicator of wireless performance (page 10, par (0177), line 1-10, the CPE-CEs/CCPEs monitor network performance, including in the areas proximate to their position, and reconfigure the network overlay dynamically, across multiple locations based on changes in MPLS network performance while providing continuity of service, the network overlay made up of multiple virtual connections, such as virtual edge and virtual core connections).
Saavedra discloses all aspects of the claimed invention, except sending configuration instructions comprising a level of autonomy to each of a plurality of client devices forming a network; monitoring wireless performance by capturing wireless packet data on at least one of the plurality of client devices and determining at least one indicator of wireless performance from the captured wireless packet data.
Behravan is the same field of invention teaches sending configuration instructions comprising a level of autonomy to each of a plurality of client devices forming a network (page 7, par (0070), line 1-10, priority rules are applied by the wireless network access point, the grants are given to the mobile terminal before the actual transmission. So, wireless network access points (plurality of client devices) coordinate before sending the UL grants, the mobile terminal autonomously prioritizes (level of autonomy) to which node the transmission should go to); e) monitoring wireless performance by capturing wireless packet data on at least one of the plurality of client devices and determining at least one indicator of wireless performance from the captured wireless packet data (page 8, par (0087), line 1-10, wireless network access point sends a resource allocation message, indicating the determined resource allocation relating to the second wireless network access point, to the mobile terminal, the resource allocation relating to the second wireless network access point uplink resource grant for allocation of uplink resources or a downlink resource allocation for allocation of downlink resources. The resource allocations relating to the first wireless network access point and the second wireless network access point sent in a single message to the mobile terminal).
Saavedra and Behravan l analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the based on sending configuration instructions comprising a level of autonomy to each of a plurality of client devices forming a network the teaching of Saavedra to include the resource allocations relating to the first wireless network access point and the second wireless network access point sent in a single message to the mobile terminal the teaching of Behravan because it is providing improves performance of a wireless communication network employing dual connectivity in communications with mobile terminals.
Regarding Claim 30, Saavedra discloses all aspects of the claimed invention, except comprising performing a wireless performance monitoring application installed on at least two of the plurality of client devices.
Behravan is the same field of invention teaches comprising performing a wireless performance monitoring application installed on at least two of the plurality of client devices (page 7, par (0070), line 1-10, priority rules are applied by the wireless network access point, the grants are given to the mobile terminal before the actual transmission. So, wireless network access points (plurality of client devices)).
Regarding Claim 31, Saavedra discloses comprising reporting network test results to a control server (page 2, par (0016), line 1-10, the network server component is configured to connect with an intelligent packet distribution engine that manages data packets transmission over the long-haul network path by obtaining data traffic parameters and, based on the data traffic parameters and performance criteria).
Regarding Claim 32, Saavedra discloses comprising monitoring of a parameter of wireless network performance and increasing a network testing frequency in response to the monitoring(page 10, par (0177), line 1-10, the CPE-CEs/CCPEs monitor network performance, including in the areas proximate to their position, and reconfigure the network overlay dynamically, across multiple locations based on changes in MPLS network performance while providing continuity of service).
Regarding Claim 33, Saavedra discloses all aspects of the claimed invention, except comprising monitoring a parameter of wireless network performance and decreasing network testing frequency in response to the monitoring.
Behravan is the same field of invention teaches comprising monitoring a parameter of wireless network performance and decreasing network testing frequency in response to the monitoring (page 6, par (0063), line 1-10, A cell is a geographical area where radio coverage is provided by radio base station equipment at a base station site or at remote locations by Remote Radio Units (RRU), the cell definition incorporate frequency bands and radio access technology used for transmissions, that two different cells cover the same geographical area but using different frequency bands).
Regarding Claim 34, Saavedra discloses comprising determining the configuration Instructions (page 9, par (0165), line 1-10, The network access server acts as the access point to the Internet for a plurality of CPE devices that are connected to the PoP, the CCPEs configured to communicate with one another to share information regarding network conditions.
Regarding Claim 35, Saavedra discloses all aspects of the claimed invention, except the configuration instructions comprise instructions to capture geolocation data regarding at least one of the plurality of client devices geolocation.
Behravan is the same field of invention teaches the configuration instructions comprise instructions to capture geolocation data regarding at least one of the plurality of client devices geolocation (page 6, par (0063), line 1-10, A cell is a geographical area where radio coverage is provided by radio base station equipment at a base station site or at remote locations by Remote Radio Units (RRU), the cell definition incorporate frequency bands and radio access technology used for transmissions, that two different cells cover the same geographical area).
Regarding Claim 36, Saavedra discloses all aspects of the claimed invention, except comprising providing the captured geolocation data in conjunction with generated network test results.
Behravan is the same field of invention teaches comprising providing the captured geolocation data in conjunction with generated network test results (page 6, par (0063), line 1-10, A cell is a geographical area where radio coverage is provided by radio base station equipment at a base station site or at remote locations by Remote Radio Units (RRU), the cell definition incorporate frequency bands and radio access technology used for transmissions, that two different cells cover the same geographical area but using different frequency bands).
Regarding Claim 37, Saavedra discloses the configuration instructions comprise instructions to send generated network test results to a third-party server for analysis and reporting(page 9, par (0165), line 1-10, The network access server acts as the access point to the Internet for a plurality of CPE devices that are connected to the PoP, the CCPEs configured to communicate with one another to share information regarding network conditions, CCPEs provide connectivity to CPEs and CPE-CEs and run a networking protocol such as BGP to route servers and other network backbone connections).
Regarding Claim 38, Saavedra discloses the configuration instructions comprise instructions to send detailed test results to a third party while sending only results at a level of detail required by a control server to manage statistical sampling and testing regimes to the control server(page 8, par (0132), line 1-10, Depending on the location of the central server, this can result in multiplying the long haul effects because traffic between Site A and Site B may need to also be transferred to a Site C that is associated with the central server, Central server manages network communications, and routes network communications between Site A and Site C).
Regarding Claim 39, Saavedra discloses comprising extracting frame data from wireless packet data(page 2, par (0016), line 1-10, the network server component is configured to connect with an intelligent packet distribution engine that manages data packets transmission over the long haul network path by obtaining data traffic parameters and, based on the data traffic parameters and performance criteria, selectively applies to alter the traffic over the long haul network path to conform to the data traffic parameters).
Examiner Notice
Claim 19 would be allowable if (i) claim 20 is incorporated into independent claim 19, (ii) needs to resolve double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
Singh et al. (US 20150334607, Nov. 19, 2025) teaches Hanbdover-Related Measurements and Events For Power Adaptation.
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/IQBAL ZAIDI/
Primary Examiner, Art Unit 2464
