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 1-20 are rejected in the Instant Application.
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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6, 7, 13, 20 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 "impact law" in claim claims 6, 7, 13, 20 is a relative term which renders the claim indefinite. The term "impact law" 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 encourages the applicant to define the term and/or change the terminology to one utilized in the art.
Claims 1, 8, 15 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. Dependent claims 2-7, 9-14, 16-20 are rejected due to their dependency on rejected base claims.
The term "latency jitter distribution characteristics" in claim claims 1, 8, 15 are relative terms which renders the claim indefinite. The term "latency jitter distribution characteristics" 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 encourages the applicant to define the term and/or change the terminology to one utilized in the art.
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.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of PCT/CN2023/106487 filed July 10, 2023 which claims the benefits of Chinese Patent Application 20211192942.5 filed 09/28/2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/06/2024, 09/11/2025 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 § 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Song (US20180131614A1 in IDS filed 09/11/2025) hereinafter Song in view of Ergen (WO2022093938 in IDS filed 09/11/2025) hereinafter Ergen.
Regarding claims 1, 8, 15. Song teaches a data transmission control method performed by an electronic device acting as a core network gateway (Fig 4 further see ¶0070 generating a packet having latency information for forwarding to a receiver via a network that includes multiple routers, according to an example embodiment. With reference to FIG. 1, block 410 of FIG. 4 receives network latency information representative of the condition of the network (e.g., maximum and minimum latency for each path between the host 115 and each receiver 155 served by the host 115), the method comprising:
receiving (Fig 5 element 510) latency jitter distribution characteristics of a service data packet that are transmitted by an application function (AF), the latency reference to FIG. 1, block 410 of FIG. 4 receives network latency information representative of the condition of the network (e.g., maximum and minimum latency for each path between the host 115 and each receiver 155 served by the host 115). This network latency information may be used to determine desired latency information 122 for each packet 120);
detecting (Fig 5 element 520) network transmission characteristics between an application server (AS) and the core network gateway (¶0070 see the desired latency for a packet 120 may be based on the network latency information or may be determined independently of the network latency information);
adjusting (Fig 5 element 530) the latency of the service data packet according to the network transmission characteristics to obtain adjusted latency the desired latency for a packet 120 may be based on the network latency information or may be determined independently of the network latency information. Block 430 inserts the latency information 122 into the packet 120. As described above, the latency information 122 may be inserted in a header or elsewhere in the packet 120 according to a network protocol ¶0053 see the packet latency information may include a maximum network delay allowed from a sender of the packet to a receiver of the packet. In still other embodiments, the packet latency information may include a target latency. When the latency information represents a maximum latency, a target latency, or a latency budget, the latency information value may be reduced at each router); and
performing (Fig 5 element 540) data transmission control according to the adjusted latency Block 440 forwards the packet 120 to an access router 125. In some embodiments, the access router 125 may be provided with information from the host 115 and/or the condition module 160 and may generate and insert the latency information 122 into the packet 120 before adding the packet 120 to the PIFO queue 130 and forwarding it to the next router 135).
Song teaches managing latency and network characteristics, however does not explicitly teach jitter characteristics.
Ergen however in the same field of computer networking teaches jitter characteristics (¶0040 see Each network of the plurality of networks is associated with different Quality-Of-Service (QoS) profiles/ characteristics based on QoS metrics such as, but not limited to, packet latency, bandwidth, throughput, jitter, and packet loss rate. The method and system then assigns two or more multi-thread mg processors in a multiprocessor architecture configured to execute a plurality of threads for processing one or more data streams)
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 characteristics management of Song and the teachings of Ergen for utilizing jitter as part of network characteristics to combine the teachings such that Song utilizes jitter as part of the characteristics it tracks. 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 will help reduce latency (Ergen ¶0012).
Further regarding claim 8: The already combined references teach an electronic device comprising: one or more processors; and a memory, configured to store one or more computer programs, the one or more computer programs, when executed by the one or more processors, causing the electronic device to implement a data transmission control method (Song ¶0024 see apparatus including: a push-in first-out (PIFO) queue; a memory storage including instructions; and one or more processors in communication with the PIFO queue and the memory storage, wherein the instructions configure the one or more processors)
Further regarding claim 15: The already combined references teach the non-transitory computer-readable storage medium, having a computer program stored therein, the computer program, when executed by a processor of an electronic device, causing the electronic device to implement a data transmission control method (Song ¶0027 see a non-transitory computer-readable medium storing computer instructions for handling packets having latency information, the computer instructions, when executed by one or more processors of a network router, configuring the one or more processors to: receive a packet at the network router)
Regarding claims 2, 9, 16. The already combined references teach the method according to claim 1, wherein the network transmission characteristics comprise transmission bandwidth and latency changes of a transmission link between the AS and the core network gateway (Song Fig 5 and Fig 1 for infrastructure); and the detecting network transmission characteristics between the AS and the core network gateway (Song ¶0072) comprises:
dynamically detecting the transmission link between the application server and the core network gateway (Song Fig 1 - ¶0048 see the network 100 is shown as including one host 115, one receiver 155, and a single path, including the routers 125, 135, and 145, between the host 115 and the receiver 155, it is contemplated that the network 100 may include multiple hosts and multiple access routers that connect to multiple receivers along multiple path); and
determining the transmission bandwidth and latency changes of the transmission link according to a dynamic detection result for the transmission link (Song Fig 5 element 540 ¶0072 see the condition module 160 of the router 145 may use the latency information 122 from multiple packets 120 to generate the network condition information ¶0070 see receives network latency information representative of the condition of the network (e.g., maximum and minimum latency for each path between the host 115 and each receiver 155 served by the host 115) [dynamic]. This network latency information may be used to determine desired latency information 122 for each packet 120).
Regarding claims 3, 10, 17. The already combined references teach the method according to claim 1, wherein the detecting network transmission characteristics between the AS and the core network gateway comprises:
when there is a service level agreement (SLA) for a transmission link between the AS and a core network, determining the network transmission characteristics between the AS and the core network gateway according to the SLA between the AS and the core network (Song ¶0062 see latency information 122 value including a label for a deadline can be added by the host 115 or by the access router 125. In either case, the receiver 155 may enter into a service agreement (e.g., for a particular quality of service (QoS), authentication protocol, billing, etc.) with the host 115 or the application 110 running on the host 115, before the service begins ¶0063 see The network 100 may continuously measure its condition or measure its condition according to a predetermined schedule using one or more condition modules 160. When operating under a service agreement, a host 115 may apply the maximum target latency as the latency information 122 to packets 120 without delivery deadlines ).
Regarding claims 4, 11, 18. The already combined references teach the method according to claim 3, wherein the determining the network transmission characteristics between the AS and the core network gateway according to the SLA between the AS and the core network comprises:
evaluating, according to the SLA between the AS and the core network, whether the SLA has an impact on the latency jitter distribution characteristics of the service data packet (Song ¶0062 see latency information 122 value including a label for a deadline can be added by the host 115 or by the access router 125. In either case, the receiver 155 may enter into a service agreement (e.g., for a particular quality of service (QoS), authentication protocol, billing, etc.) with the host 115 or the application 110 running on the host 115, before the service begins); and
if the SLA has an impact on the latency jitter distribution characteristics of the service data packet, determining the network transmission characteristics between the AS and the core network gateway according to the SLA between the AS and the core network (Song ¶0063 see When operating under a service agreement, a host 115 may apply the maximum target latency as the latency information 122 to packets 120 without delivery deadlines); or
if the SLA has no impact on the latency jitter distribution characteristics of the service data packet, dynamically detecting the transmission link between the AS and the core network gateway, and determining the network transmission characteristics between the AS and the core network gateway according to a dynamic detection result for the transmission link (Song ¶0063 see When there is no known maximum latency, a rule-of-thumb latency, a default maximum latency, or a preset value (e.g., all 1s or all 0s) may be applied as the latency information 122).
Regarding claims 5, 12, 19. The already combined references teach the method according to claim 1, wherein the detecting network transmission characteristics between the AS and the core network gateway comprises:
dynamically detecting a transmission link between the AS and the core network gateway according to a service level agreement (SLA) between the AS and a core network to obtain transmission bandwidth and latency changes of the transmission link (Song ¶0026 see the network router is a last router on a data path between a host at which the packet originated and a receiver, the instructions further configuring the one or more processors to: calculate a plurality of actual latency values for a plurality of packets received from the host via the data path; compare the plurality of actual latency values to determine at least a maximum latency value and a minimum latency value of the plurality of actual latency values; and transmit the maximum latency value and the minimum latency value to the host or to an access router coupled to the host ¶0062 see A latency information 122 value including a label for a deadline can be added by the host 115 or by the access router 125. In either case, the receiver 155 may enter into a service agreement (e.g., for a particular quality of service (QoS), authentication protocol, billing, etc.) with the host 115 or the application 110 running on the host 115, before the service begins. The service agreement may, for example, provide for charges based on the urgency of the packets being sent. The access router 125 may verify the agreement for a particular flow and notify the host 115 of the network condition (e.g., maximum, minimum, and current latency)).
Regarding claims 6, 13, 20. The already combined references teach the method according to claim 1, wherein the adjusting the latency jitter distribution characteristics of the service data packet according to the network transmission characteristics comprises:
obtaining an impact law of the network transmission characteristics on the latency jitter distribution characteristics of the service data packet (Song ¶0051 see ranker 212 extracts the latency information from the packet, derives rank information from the latency information, and provides the packet, its latency information, and its rank to the PIFO memory 214 in parallel. The PIFO memory 214 inserts the packet provided by the ranker 212 into the PIFO memory 214 at a location determined by its rank such that more urgent packets are placed closer to the head of the queue than less urgent packets (impact here is seen as importance/rank of the packet)); and
adjusting the latency jitter distribution characteristics of the service data packet based on the impact law (Song ¶0051 see the latency information in the packet may be adjusted based on an amount of time that the packet is held in the router and, optionally, on an expected routing time to the next router and/or to the receive)
Regarding claims 7, 14. The already combined references teach the method according to claim 6, wherein the adjusting the latency jitter distribution characteristics of the service data packet based on the impact law comprises at least one of the following:
increasing values of the latency jitter distribution characteristics of the service data packet by a set value, increasing values of the latency jitter distribution characteristics of the service data packet by a set order of magnitude, or increasing values of the latency jitter distribution characteristics of the service data packet by a set multiplier (Song receives network latency information representative of the condition of the network (e.g., maximum and minimum latency for each path between the host 115 and each receiver 155 served by the host 115). This network latency information may be used to determine desired latency information 122 for each packet 120. A packet 120 may be generated at block 420 by one or more applications 110 on the host 115. As described above, the desired latency for a packet 120 may be based on the network latency information or may be determined independently of the network latency information. Block 430 inserts the latency information 122 into the packet 120.).
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