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 .
Claims 1-20 are pending.
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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I) Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17, 19 and 20 of U.S. Patent No. 12167276 (hereinafter ‘276). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the instant enumerated claims in following table is anticipated by a correspondingly mapped ‘276 claim.
Instant claims
‘276 claims
1. A method, comprising:
receiving, by a server comprising a processor, an acknowledgement message from a client device [1] to which the server had communicated a first data packet at a first time and a second data packet at a second time, wherein the acknowledgement message comprises data identification information that identifies which one of the first data packet and the second data packet was most recently received by the client device;
communicating, by the server, respective heartbeat transmissions to the client device at respective times, wherein the acknowledgement message comprises heartbeat information that indicates a number of the respective heartbeat transmissions received by the client device since the client device communicated a previous acknowledgement message to the server;
based on the data identification information, determining, by the server, whether to recommunicate the second data packet to the client device without regard to a deadline associated with recommunicating the first data packet;
based on the data identification information or the heartbeat information, determining, by the server, whether a level of jitter associated with the communication of the data packets satisfies a jitter criterion; and based on the determining, by the server, that the level of jitter associated with communication of data packets comprising the first data packet and the second data packet satisfies the jitter criterion, indicating that the level of jitter is unacceptably high:
performing, by the server, an application callback to inform an application associated with the client device regarding the second data packet not being received by the client device due to the level of jitter being determined to satisfy the jitter criterion; or
to facilitate mitigating the jitter, communicating, by the server, a notification message to network equipment of a communication network associated with the server and the client device, wherein the notification message comprises notification information that informs the network equipment that the level of jitter is determined to satisfy the jitter criterion, or information that indicates a network setting or a jitter measurement relating to the jitter or comprises an instruction that is determined to be able to mitigate the jitter.
2. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the second data packet was most recently received by the client device; and based on the determining that the second data packet was most recently received by the client device, determining, by the server, that the second data packet is not to be recommunicated to the client device.
3. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the first data packet was most recently received by the client device, indicating that the second data packet has not been received by the client device; based on the determining that the first data packet was most recently received by the client device, determining, by the server, that the second data packet is to be recommunicated to the client device without regard to the deadline associated with the recommunicating of the first data packet; and recommunicating, by the server, the second data packet to the client device.
4. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the second data packet was most recently received by the client device and the first data packet has not been received by the client device; based on the determining that the second data packet was most recently received by the client device and the first data packet has not been received by the client device, determining, by the server, whether the deadline for the recommunicating of the first data packet has occurred; and one of: determining, by the server, that the first data packet is not to be recommunicated to the client device based on determining that the deadline has occurred, or determining, by the server, that the first data packet is to be recommunicated to the client device based on determining that the deadline has not occurred.
5. The method of claim 1, wherein the first data packet and the second data packet had been communicated in accordance with a same transport protocol, wherein the first data packet is associated with a first reliability specification, and wherein the second data packet is associated with a second reliability specification that indicates the second data packet is associated with a higher level of importance or reliability than the first data packet associated with the first reliability specification.
6. The method of claim 1, wherein the first data packet had been communicated in accordance with a first transport protocol based on a first reliability specification associated with the first data packet.
7. The method of claim 6, wherein the second data packet had been communicated in accordance with a second transport protocol based on a second reliability specification associated with the second data packet.
8. The method of claim 7, wherein the second reliability specification is associated with a higher level of importance or reliability than the first reliability specification.
9. The method of claim 1, wherein the number is a first number, and wherein the method further comprises: based on the heartbeat information, determining, by the server, the first number of heartbeat transmissions received by the client device since the client device communicated the previous acknowledgement message to the server; and determining, by the server, whether the first number of heartbeat transmissions received by the client device is less than a second number of heartbeat transmissions communicated by the server to the client device since the client device communicated the previous acknowledgement message to the server.
10. The method of claim 9, wherein the method further comprises: in response to determining that the first number of heartbeat transmissions is less than the second number of heartbeat transmissions, determining, by the server, that the level of jitter satisfies the jitter criterion.
11. The method of claim 9, wherein the method further comprises: in response to determining that the first number of heartbeat transmissions is equal to the second number of heartbeat transmissions, determining, by the server, that the level of jitter does not satisfy the jitter criterion.
12. The method of claim 1, wherein the respective heartbeat transmissions are communicated at uniform time intervals, comprising a first time interval, wherein the respective heartbeat transmissions comprise a first heartbeat transmission and a second heartbeat transmission, and wherein the first time interval between communication of the first heartbeat transmission and communication of the second heartbeat transmission is shorter than a second time interval between communication of the first data packet and communication of the second data packet.
13. A server, comprising: a processor; and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
receiving acknowledgement data from a client device to which [2] the server had sent a first data packet at a first time and a second data packet at a second time, wherein the acknowledgement data comprises data identification data that indicates which one of the first data packet and the second data packet was most recently received by the client device; and
based on the data identification data, determining whether to resend the second data packet to the client device regardless of a deadline associated with resending the first data packet;
wherein the second time occurs after the first time, wherein the acknowledgement data is sent to the server at a third time that occurs after the second time, wherein the deadline is associated with a first reliability level specification associated with the first data packet, wherein a second reliability level specification is associated with the second data packet and is higher than the first reliability level specification, and wherein the operations further comprise:
based on the data identification data, determining that the first data packet was most recently received by the client device, indicating that the second data packet has not been received by the client device;
based on the determining that the first data packet was most recently received by the client device and based on the second reliability level specification, determining that the second data packet is to be resent to the client device without regard to the deadline associated with the first reliability level specification associated with the first data packet; and
resending the second data packet to the client device.
14. The server of claim 13, wherein the first data packet and the second data packet had been sent in accordance with a same transport protocol.
15. The server of claim 13, wherein the first data packet had been sent in accordance with a first transport protocol based on the first reliability level specification associated with the first data packet.
16. The server of claim 13, wherein the operations further comprise: sending respective heartbeat transmissions to the client device at respective times, wherein the acknowledgement data comprises heartbeat data that indicates a number of the respective heartbeat transmissions received by the client device since the client device sent previous acknowledgement data to the server; and based on the data identification data or the heartbeat data, determining whether an amount of jitter associated with sending data packets, comprising the first data packet and the second data packet, satisfies a jitter criterion that indicates whether the amount of jitter is determined to be unacceptable.
17. The server of claim 13, wherein the first data packet and the second data packet had been sent to the client device via network equipment of a communication network.
18. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, comprising:
receiving acknowledgement data from user equipment to which the processor had [3] transmitted a first data packet at a first time and a second data packet at a second time, wherein the acknowledgement data comprises data identification data that indicates which one of the first data packet and the second data packet was a last data packet received by the user equipment; and
based on the data identification data, determining whether to retransmit the second data packet to the user equipment regardless of a retransmission time limit associated with retransmitting the first data packet;
wherein the second time occurs after the first time, wherein the acknowledgement data is sent to the processor at a third time that occurs after the second time, wherein the retransmission time limit is associated with a first reliability level specification associated with the first data packet, wherein a second reliability level specification is associated with the second data packet and is higher than the first reliability level specification, and wherein the operations further comprise:
based on the data identification data, determining that the second data packet was most recently received by the user equipment and the first data packet has not been received by the user equipment;
based on the determining that the second data packet was most recently received by the user equipment and the first data packet has not been received by the user equipment, and based on the first reliability level specification, determining whether the retransmission time limit for the retransmitting of the first data packet has occurred; and one of:
determining that the first data packet is not to be resent to the user equipment based on determining that the retransmission time limit is satisfied; or
determining that the first data packet is to be resent to the user equipment based on determining that the retransmission time limit is not satisfied.
19. The non-transitory machine-readable medium of claim 18, wherein the processor had transmitted the first data packet and the second data packet to the user equipment via network equipment of a communication network.
1. A method, comprising:
communicating, by a server comprising a processor, [1] a first data packet at a first time and a second data packet at a second time to a client device;
receiving, by the server, an acknowledgement message from the client device, wherein the acknowledgement message comprises data identification information that identifies which one of the first data packet and the second data packet was most recently received by the client device;
communicating, by the server, respective heartbeat transmissions to the client device at respective times, wherein the acknowledgement message comprises heartbeat information that indicates a number of the respective heartbeat transmissions received by the client device since the client device communicated a previous acknowledgement message to the server;
based on the data identification information, determining, by the server, whether to recommunicate the second data packet to the client device without regard to a deadline associated with recommunicating the first data packet;
based on the data identification information or the heartbeat information, determining, by the server, whether a level of jitter associated with the communication of the data packets satisfies a jitter criterion; and based on the determining, by the server, that the level of jitter associated with communication of data packets comprising the first data packet and the second data packet satisfies the jitter criterion, indicating that the level of jitter is unacceptably high:
performing, by the server, an application callback to inform an application associated with the client device regarding the second data packet not being received by the client device due to the level of jitter being determined to satisfy the jitter criterion; or
to facilitate mitigating the jitter, communicating, by the server, a notification message to network equipment of a communication network associated with the server and the client device, wherein the notification message comprises notification information that informs the network equipment that the level of jitter is determined to satisfy the jitter criterion, or information that indicates a network setting or a jitter measurement relating to the jitter or comprises an instruction that is determined to be able to mitigate the jitter.
2. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the second data packet was most recently received by the client device; and based on the determining that the second data packet was most recently received by the client device, determining, by the server, that the second data packet is not to be recommunicated to the client device.
3. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the first data packet was most recently received by the client device, indicating that the second data packet has not been received by the client device; based on the determining that the first data packet was most recently received by the client device, determining, by the server, that the second data packet is to be recommunicated to the client device without regard to the deadline associated with the recommunicating of the first data packet; and recommunicating, by the server, the second data packet to the client device.
4. The method of claim 1, further comprising: based on the data identification information, determining, by the server, that the second data packet was most recently received by the client device and the first data packet has not been received by the client device; based on the determining that the second data packet was most recently received by the client device and the first data packet has not been received by the client device, determining, by the server, whether the deadline for the recommunicating of the first data packet has occurred; and one of: determining, by the server, that the first data packet is not to be recommunicated to the client device based on determining that the deadline has occurred, or determining, by the server, that the first data packet is to be recommunicated to the client device based on determining that the deadline has not occurred.
5. The method of claim 1, wherein the first data packet and the second data packet are communicated in accordance with a same transport protocol, wherein the first data packet is associated with a first reliability specification, and wherein the second data packet is associated with a second reliability specification that indicates the second data packet is associated with a higher level of importance or reliability than the first data packet associated with the first reliability specification.
6. The method of claim 1, wherein the first data packet is communicated in accordance with a first transport protocol based on a first reliability specification associated with the first data packet.
7. The method of claim 6, wherein the second data packet is communicated in accordance with a second transport protocol based on a second reliability specification associated with the second data packet.
8. The method of claim 7, wherein the second reliability specification is associated with a higher level of importance or reliability than the first reliability specification.
9. The method of claim 1, wherein the number is a first number, and wherein the method further comprises: based on the heartbeat information, determining, by the server, the first number of heartbeat transmissions received by the client device since the client device communicated the previous acknowledgement message to the server; and determining, by the server, whether the first number of heartbeat transmissions received by the client device is less than a second number of heartbeat transmissions communicated by the server to the client device since the client device communicated the previous acknowledgement message to the server.
10. The method of claim 9, wherein the method further comprises: in response to determining that the first number of heartbeat transmissions is less than the second number of heartbeat transmissions, determining, by the server, that the level of jitter satisfies the jitter criterion.
11. The method of claim 9, wherein the method further comprises: in response to determining that the first number of heartbeat transmissions is equal to the second number of heartbeat transmissions, determining, by the server, that the level of jitter does not satisfy the jitter criterion.
12. The method of claim 1, wherein the respective heartbeat transmissions are communicated at uniform time intervals, comprising a first time interval, wherein the respective heartbeat transmissions comprise a first heartbeat transmission and a second heartbeat transmission, and wherein the first time interval between communication of the first heartbeat transmission and communication of the second heartbeat transmission is shorter than a second time interval between communication of the first data packet and communication of the second data packet.
13. A server, comprising: a processor; and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
sending [2] a first data packet at a first time and a second data packet at a second time to a client device;
receiving acknowledgement data from the client device, wherein the acknowledgement data comprises data identification data that indicates which one of the first data packet and the second data packet was most recently received by the client device; and
based on the data identification data, determining whether to resend the second data packet to the client device regardless of a deadline associated with resending the first data packet;
wherein the second time occurs after the first time, wherein the acknowledgement data is sent to the server at a third time that occurs after the second time, wherein the deadline is associated with a first reliability level specification associated with the first data packet, wherein a second reliability level specification is associated with the second data packet and is higher than the first reliability level specification, and wherein the operations further comprise:
based on the data identification data, determining that the first data packet was most recently received by the client device, indicating that the second data packet has not been received by the client device;
based on the determining that the first data packet was most recently received by the client device and based on the second reliability level specification, determining that the second data packet is to be resent to the client device without regard to the deadline associated with the first reliability level specification associated with the first data packet; and
resending the second data packet to the client device.
16. The server of claim 13, wherein the first data packet and the second data packet are communicated in accordance with a same transport protocol.
17. The server of claim 13, wherein the first data packet is communicated in accordance with a first transport protocol based on the first reliability level specification associated with the first data packet.
14. The server of claim 13, wherein the operations further comprise: sending respective heartbeat transmissions to the client device at respective times, wherein the acknowledgement data comprises heartbeat data that indicates a number of the respective heartbeat transmissions received by the client device since the client device sent previous acknowledgement data to the server; and based on the data identification data or the heartbeat data, determining whether an amount of jitter associated with sending data packets, comprising the first data packet and the second data packet, satisfies a jitter criterion that indicates whether the amount of jitter is determined to be unacceptable.
15. The server of claim 13, wherein the sending of the first data packet and the second data packet to the client device and the receiving of the acknowledgement data from the client device are via network equipment of a communication network.
19. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, comprising:
[3] transmitting, to user equipment, a first data packet at a first time and a second data packet at a second time subsequent to the first time;
receiving acknowledgement data from the user equipment, wherein the acknowledgement data comprises data identification data that indicates which one of the first data packet and the second data packet was a last data packet received by the user equipment; and
based on the data identification data, determining whether to retransmit the second data packet to the user equipment regardless of a retransmission time limit associated with retransmitting the first data packet;
wherein the second time occurs after the first time, wherein the acknowledgement data is sent to the processor at a third time that occurs after the second time, wherein the retransmission time limit is associated with a first reliability level specification associated with the first data packet, wherein a second reliability level specification is associated with the second data packet and is higher than the first reliability level specification, and wherein the operations further comprise:
based on the data identification data, determining that the second data packet was most recently received by the user equipment and the first data packet has not been received by the user equipment;
based on the determining that the second data packet was most recently received by the user equipment and the first data packet has not been received by the user equipment, and based on the first reliability level specification, determining whether the retransmission time limit for the retransmitting of the first data packet has occurred; and one of:
determining that the first data packet is not to be resent to the user equipment based on determining that the retransmission time limit is satisfied; or
determining that the first data packet is to be resent to the user equipment based on determining that the retransmission time limit is not satisfied.
20. The non-transitory machine-readable medium of claim 19, wherein the transmitting of the first data packet and the second data packet to the user equipment is via network equipment of a communication network.
I) Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12167276 (hereinafter ‘276), in view of Athalye (US 20160380739).
‘276 claim 19 anticipates instant claim 20 feature “The non-transitory machine-readable medium of claim 19” but fails to teach or suggest “wherein the first data packet had been transmitted in accordance with a first transport protocol based on the first reliability level specification, and wherein the second data packet had been transmitted in accordance with a second transport protocol based on the second reliability level specification” (par. 0021-0024).
However, in a related field, Athalye teaches multiple transport protocols used for packet communications based on component requirements, wherein lower or higher values requirements are assigned to the transport protocols (i.e., reliability specification). It would have been obvious to one of ordinary skill before the effective filing date of ‘276 to have introduced Athalye’s teachings. The motivation would have been to overcome errors introduced in network data transmissions (Athalye, par. 0021 and 0024).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sanders US 20240205734: “…RAN 110 may select a…configuration based on information associated with a service to be provided to the UE 105, thereby enabling improved measurement gap pattern selection in a given scenario so as to, for example, reduce jitter, reduce latency…” (par. 0033)
Lei US 20230362856: “…a data transmission solution in which an application function (AF) entity (such as an application server) and a core network element perform interaction of network performance statistical parameters associated with delay jitter to determine whether to start jitter optimization. If the jitter optimization is started, it…affects the generation of corresponding policy rules and configuration of parameters in the core network element, so that the transmission of service data packets achieves the goal of reducing jitter…” (par. 0032)
Cheng US 20200136944: A device determines that packets are out of order based on packet sequence numbers (par. 0016).
Bedekar US 20180227206: “…a) determine whether a packet is out-of-sequence relative to packets from at least one multi-connectivity leg based on sequence numbers of packets received from a sender; b) record a measure of the out-of-sequence packet and a measure of the received packets for the at least one multi-connectivity leg; and c) transmit an out-of-sequence indication message to the sender.” (par. 0005)
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/CLAYTON R WILLIAMS/Primary Examiner, Art Unit 2443