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 .
Detailed Action
2. Claims 1-20 are pending.
Claim Rejections - 35 USC § 101
3. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
4. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The representative Claim 1 recites:
A method for estimating a total link service rate using packet metadata, the method comprising:
extracting a packet satisfying a predetermined condition from each flow; extracting a link service rate from metadata of the extracted packet; and
estimating a total link service rate based on the extracted link service rate, wherein the packet satisfying the predetermined condition is determined based on an estimation reference time and finish times of consecutive packets, and
wherein the finish times indicates ideal transmission finish times of the packets.
The steps of reviewing metadata, comparing timestamps, selecting the qualifying packet, and estimating total rate;” as drafted, are processes, under their broadest reasonable interpretation, covers mental processes. As stated in the October 019 Update: Subject Matter Eligibility: In contrast, claims do recite a mental process when they contain limitations that can practically be performed in the human mind, including for example, observations, evaluations, judgments, prediction and opinions.
Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites “The steps of reviewing metadata, comparing timestamps, selecting the qualifying packet, and estimating total rate.” The limitations precludes the recited steps being performed in the human mind or using pen and paper.
This judicial exception is not integrated into a practical application. In particular, the additional elements in the claim such as “packets, flow, metadata, and link service rate”. These additional elements are recited at a high level of generality (i.e., as a generic computer structures performing a generic computer function of sending and receiving information) such that they amount no more than mere instructions to apply the exception using a generic computer components. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity. Such insignificant extra-solution activity, e.g. data obtaining or gathering, sending, and receiving are further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, electronically scanning or extracting data from a physical document, and/or Performing repetitive calculations).
Further, the claims recite, in substance:
receiving/ using packet metadata;
extracting a packet satisfying a predetermined condition form each flow;
extracting link service rate from metadata;
estimating a total link service rate;
comparing an estimation reference time with finish times of packets;
selecting a packet when previous finish time <t<+ current finish time.
These limitations recite: Mathematical concepts. The claim uses mathematical relationships and comparisons involving time intervals. This mathematical determination of whether a value lies within an interval. The claim also estimates aggregate rates from extracted values, another mathematical calculation.
Therefore, the combination of elements, when considered individually and as an ordered combination, do not amount to “significantly more” than the identified abstract idea.
Independent claim 11, claim is rejected with the same rationale as in claim 1.
Dependent claims 2-10, and 12-20, the claims are rejected with the same rationale as in claim 1.
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AlA 35 U.S.C. 102 and 103 (or as subject to pre-AlA 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.
6. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
7. Claims 1, 4-5, 11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Woo (CN 120035978 A) hereinafter Jin-Woo in view of Li et al.(CN 102546432 A) hereinafter Li
Regarding claims 1 and 11, Jin-Woo discloses extracting a packet satisfying a predetermined condition from each flow; (page 3 para. [16]-[17] the packet processing unit 110 stores the calculated completion time in the header of the packet in the form of metadata. When step S220 is completed, the scheduling unit 120 extracts a data packet having the smallest completion time using the completion time stored in the header of the data packet, and preferentially schedules the extracted data packet (S230). Page 3. [3] the scheduling unit 120 may store a plurality of stream sets classified according to a predefined standard in a separate first-in first-out (FIFO) Queue, and compare completion times of a header (head of Queue, hoQ) of the FIFO Queue to extract a data packet having a minimum completion time. In this case, the predefined criteria may classify flows that are identical within a predefined error range in at least one of a maximum burst size, a maximum packet size, and an average service rate);
wherein the packet satisfying the predetermined condition is determined based on an estimation reference time and finish times of consecutive packets (page 5 [9] F(p)=max{F(p-1),V(A(p))}+L(p)/r Here, p is the p-th packet of a flow, a (p) is the time when packet p arrives at the node, L (p) is the length of p, and r is the service rate allocated to the flow to which p belongs. V (t) is known as a virtual time function and can be calculated in various ways, such as the product of the actual time t and the ratio of the sum of r of the flows being serviced and the link capacity, or the current time; page 3. [12]-, [15]-[16] the packet processing unit 110 acquires the completion time of the current node using the completion time of the previous node and the function of the packet included in the metadata. Page 11 para [2], First, as shown in fig. 4, nodes 1,2, 3, 13, 14, and 15 are ingress nodes directly connected to a source, and the other nodes are core nodes. Since the output port of the core node has a queue for each input port, the output port comprises two queues. Unless otherwise stated, such queues operate based on PIFO. The packets are ordered by their completion time when they are added to the queue. The ingress node maintains a state for each stream and FIFO queues for each stream); and
wherein the finish times indicates ideal transmission finish times of the packets
indicate flow directions (page. 5 [9], the virtual time can prevent an unfair situation in which a stream starts to have a smaller completion time in a state where the service speed of the stream is faster than the allocation speed, and thus is provided with a service superior to an existing stream for a considerably long time).
Jin-Woo discloses extracting from a metadata as recited in claim 1 above. Jin-Woo also discloses link service rate (page 7 [1], [6 ] …R h-1 representing the link capacity in the core node h-1, L i representing the maximum packet length of flow i, and R i representing the service rate allocated to the flow i to which the packet p belongs. Page 11 [3] all flows destined for node 1 are class a. Each destination has 6 flows and each type has 12 flows. Here, the stream types may be classified according to at
least one of a maximum burst size, a maximum packet size, and an allocated service rate. In particular, flows that are identical within a preset error range in at least one of a maximum burst size, a maximum packet size, and an average service rate may be classified. The stream generates data packets of various lengths from 1Kbit to 10Kbit in units of 1 Kbit).
Jin-Woo may not explicitly disclose extracting a link service rate packet; and estimating a total link service rate based on the extracted link service rate.
However, Li discloses extracting a link service rate packet (para. [0022] obtaining the route of service flow sample, can be obtained from the history traffic flow data in a period of time and extracting, also can be controlled according to future demand virtual setting a service stream sample for network capacity planning. [0035] determining the operation service of each link additional bandwidth capacity may be specified for each service additional information rate, extra bandwidth ratio and additional information guaranteeing speed ratio as the service additional bandwidth calculation base, wherein additional bandwidth than the total current quantity value is network actual additional information rate service sent by the predetermined additional information rate (EIR) of the additional information guaranteeing speed ratio of service guarantees additional information rate with a predetermined additional information rate ratio; The service additional bandwidth calculation for each link service additional bandwidth capacity is determined); and
estimating a total link service rate based on the extracted link service rate (para. [0015] total capacity determining module, for determining network capacity configuration according to the planned capacity of each link. [0035] [0097] link capacity planning module 430, for calculating the service promised bandwidth capacity, service additional bandwidth capacity and network protection and restoration and capacity as the planned capacity of each link; total capacity determining module 440, for determining network capacity configuration according to the planned capacity of each link. [0099] partial capacity determining module 420 may specifically include: a committed bandwidth determining unit 421, additional bandwidth determining unit 422 and protecting and recovering bandwidth determination unit 423. wherein, committed bandwidth determining unit 421 for each link involved in the service route according to the service of each service commitment information rate of each link to determine service promised bandwidth capacity; additional bandwidth determining unit 422 for the stated each of service additional information rate, extra bandwidth ratio and additional information guaranteeing speed ratio as the service additional bandwidth calculation, wherein the additional bandwidth than the total current quantity value is network actual additional information rate service sent by the predetermined additional information rate ratio. the additional information guaranteeing speed ratio of service guarantees additional information rate with a predetermined additional information rate ratio according to said service additional bandwidth calculation for each link service additional bandwidth capacity is determined).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jin-Woo and include extracting a link service rate packet and estimating a total link service rate based on the extracted link service rate using the teaching of Li. One would have been motivated to do so in order to provide reliable guarantee for service transmission in a relatively small bandwidth.
Regarding claims 4 and 14, claim 1 is incorporated. Jin-Woo in view of Li discloses further discloses wherein the estimating of a total link service rate comprises estimating a total link service rate by summing link service rates (Li,[0015], [0022] [0035], [0097]-[0099]).
Regarding claims 5 and 15, claim 1 is incorporated. Jin-Woo further discloses
wherein the packet is extracted as one packet per flow (page 11[14] the scheduling unit 120 may store a plurality of stream sets classified according to a predefined standard in a separate first-in first-out (FIFO) Queue, and compare completion times of a header (head of Queue, hoQ) of the FIFO Queue to extract a data packet having a
minimum completion time).
8. Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Woo in view of Li et al. and further in view of WU et al. (US 20240089214 A1) hereinafter WU.
Regarding claims 2 and 11, claim 1 is incorporated. Jin-Woo discloses (page 6, [1] the completion time is the expected completion time when the packet is fairly serviced. The key to equation 1 is that in the worst case, i.e. when all flows are active and the link is fully used, the service is provided at an interval L (p)/r compared to the previous packet belonging to the flow). Jin-Woo in view of Li may not explicitly disclose partitioning a total time of each flow into a plurality of time intervals respectively corresponding to the consecutive packets, based on the finish times of the consecutive packets; and determining the packet satisfying the predetermined condition based on a time interval to which the estimation reference time belongs among the plurality of time interval. However, WU discloses partitioning a total time of each flow into a plurality of time intervals respectively corresponding to the consecutive packets, based on the finish times of the consecutive packets; and determining the packet satisfying the predetermined condition based on a time interval to which the estimation reference time belongs among the plurality of time interval (para [0004] network device may divide, based on a time interval between receiving moments of data packets, a data flow into a plurality of flowlets (flowlet) including a plurality of data packets, and select, based on flowlet management granularity, a link with a light load to forward the data packets, so that data packets in a same flowlet are forwarded on a same link. [0014] feature fields of data packets in a same data flow are the same, different data flows are forwarded on different links, and a time sequence of arrival of data packets in a same data flow at the downstream device is also ensured, thereby improving reliability of data transmission.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jin-Woo in view of Li and Jin-Woo using the teaching of WU. One would have been motivated to do so in order to improve stability and reliability of data transmission.
9. Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Woo in view of Li et al. and further in view of Sun et al. (US 20030219026 A1) hereinafter Sun
Regarding claims 3 and 13, claim 1 is incorporated. Jin-Woo in view of Li discloses wherein the extracting of a packet satisfying the predetermined condition comprises extracting a current packet as a packet satisfying the predetermined condition as recited in claim 1 above. Jin-Woo in view of Li may not explicitly disclose when the estimation reference time is greater than a finish time of a previous packet and the estimation reference time is less than or equal to a finish time of the current packet. However, Sun discloses when the estimation reference time is greater than a finish time of a previous packet and the estimation reference time is less than or equal to a finish time of the current packet (para. [0042] In the packet scheduling system 22 of this invention, the virtual time calculator 23 (see FIG. 1A) assigns each packet with a virtual starting time and a virtual finishing time, which values correspond respectively to the virtual clocks when a packet should start and finish servicing. In order to minimize the overhead and cost in maintaining virtual starting and virtual finishing times, the system virtual clock 25 is recorded as the packet virtual arrival time when the packet enters the packet scheduling system 22, and the virtual time calculator 23 computes the virtual starting and finishing times for the packet at the head of each of the backlogged output buffer queues 24. Thus, after step 62 in FIG. 3, the flow proceeds to step 64, where the virtual starting and finishing times of the packet at the head of the associated output buffer queue 24 are determined by the virtual time calculator 23…If the associated output buffer queue 24 is a non-saturated backlogged output buffer queue, the virtual time calculator 23 determines the virtual finishing time (F.sub.i.sup.k) of the packet to be equal to the sum of the virtual starting time (S.sub.i.sup.k) and the quotient of the length (L.sub.i.sup.k) of the packet.. the virtual time calculator 23 determines the virtual finishing time (F.sub.i.sup.k) of the packet to be equal to the sum of the virtual starting time (S.sub.i.sup.k). [0045] The operation of the packet scheduler 26 will now be described with reference to FIG. 5. When scheduling packets for transmission over the corresponding output link 18, the packet scheduler 26 only considers the set of packets at the heads of the backlogged output buffer queues 24 whose virtual starting times are less than the system virtual clock 25, and selects the packet having the smallest virtual finishing time…)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jin-Woo and include when the estimation reference time is greater than a finish time of a previous packet and the estimation reference time is less than or equal to a finish time of the current packet using the teaching of Sun. One would have been motivated to do so in order to manage the network packet traffic with minimum performance guarantees and maximum service rate control, thereby increasing the quality of service.
Allowable Subject Matter
10. Claims 6,8, 16 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 USC § 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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04/18/2026
/KIDEST MENDAYE/
Examiner, Art Unit 2457
/ARIO ETIENNE/Supervisory Patent Examiner, Art Unit 2457
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