DETAILED ACTION
This first non-final action is in response to applicants’ preliminary amendment filed on 01/14/2025. Claims 1-15 have been canceled, and new Claims 16-33 have been added. Therefore, Claims 16-33 are currently pending and have been considered as follows.
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 .
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.
Drawings
The drawings filed on 11/07/2024 are accepted.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/29/2025 has been placed in the application file, and the information referred therein has been considered as to the merits.
Claim Rejections - 35 USC § 101
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.
Claim 29 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 29 does not fall within at least one of the four categories of patent eligible subject matter because Claim 29 recites “A computer-implemented system for carrying out the method…” but fails to positively recite any structural components, hardware features, or functional elements that are configured to perform. MPEP 2106.03 (I) dictates the Four Categories of Statutory Subject Matter where a machine must be a "concrete thing, consisting of parts, or of certain devices and combination of devices." Digitech, 758 F.3d at 1348-49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)). This category "includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." Nuijten, 500 F.3d at 1355, 84 USPQ2d at 1501 (quoting Corning v. Burden, 56 U.S. 252, 267, 14 L. Ed. 683, 690 (1854)). Claim 29 only recites intended use for the system but fails to provide the functional elements (hardware/machine components) necessary for a “system” to perform such functions.
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Parent Patent No. 11,632,390 B2
Claims 16-32 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-14 of parent U.S. Patent No. 11,632,390 B2 (common inventive entity and assignee) in view of the prior art Jafarian et al. (US 9668169 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application Claims 16-32 are an obvious variation of Claims 1-14 of the parent patent in view of the prior art reference Jafarian. All the elements of Claims 16-32 of the instant application are found within the scope of Claims 1-14 of parent U.S. Patent No. 11,632,390 B2 except for the features of “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node”.
However, the analogous prior art Jafarian does disclose at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node (e.g. Jafarian “a processing system configured to generate a frame having one or more bits that indicate both a minimum bandwidth and a maximum bandwidth for communicating in a network and an interface configured to output the frame for transmission in the network” [column 1 lines 63-67]; “a wireless terminal may determine minimum and maximum bandwidths for communicating in a network based on a mapping of different values of bits in the frame to combinations of minimum and maximum bandwidths” [column 3 lines 66-67]-[column 4 lines 1-3]; “AP 110 may be configured to generate and transmit a frame having one or more bits that indicate both minimum and maximum bandwidths for communicating in a network. UT 120 may be configured to obtain (e.g., receive) the frame and determine, based on the one or more bits in the frame, both the minimum and maximum bandwidths for communicating in the network” [column 5 lines 26-32]).
It would have been an obvious modification to the invention of Claims 1-14 of parent U.S. Patent No. 11,632,390 B2 to include “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node” (as taught by Jafarian) for the purpose to address the desire for greater coverage and increased communication range (Jafarian [column 1 lines 32-35]).
Therefore, the invention as specified in application Claims 16-32 is not patentably distinct from Claims 1-14 of parent U.S. Patent No. 11,632,390 B2 in view of the prior art Jafarian.
The following Claims Comparison Table illustrates the obviousness relationship of the claims at issue.
Instant Application:
18/940,726
U.S. Patent No. 11,632,390 B2
(common inventive entity and assignee)
Claim 16:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node;
determining a mapping that assigns each of the first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each of the first data packets, wherein determining the mapping includes using the available bandwidth as a basis for setting, for each of the first data packets, at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping.
Claim 1:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node;
determining a mapping that assigns each first data packet of the set of first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each first data packet of the set of first data packets, wherein determining the mapping includes using the available bandwidth as a basis for setting, for each first data packet of the set of first data packets, at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping, a first length of time delay in relaying the first data packet to one or more peer nodes, and a number of hops of the first data packet from the network node to a peer node;
identifying, for at least one first data packet selected from the set of first data packets: a first set of peer nodes to which the at least one first data packet is assigned for relay; and a second subset of the first set, the second subset including only those peer nodes that are designated to relay the at least one first data packet to their own neighbouring nodes upon receiving the at least one first data packet from the network node; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping.
Claim 17:
The method claimed in claim 16, wherein determining the available bandwidth comprises obtaining an indicator of available bandwidth in each of at least one of the network node's links to the plurality of neighbouring nodes.
Claim 2:
The method claimed in claim 1, wherein determining the available bandwidth comprises obtaining an indicator of available bandwidth in each of at least one of the network node's links to the plurality of neighbouring nodes.
Claim 18:
The method claimed in claim 16, wherein the at least one parameter comprises at least a first number of peer nodes to which the first data packet is assigned for relay by the mapping, and determining the mapping comprises: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the first data packet is assigned for relay by the mapping; and selecting a number in the determined range to set as the first number of peer nodes.
Claim 3:
The method claimed in either claim 1, wherein determining the mapping comprises: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the at least one first data packet is assigned for relay by the mapping; and selecting a number in the determined range to set as the first number of peer nodes.
Claim 19:
The method according to claim 16, further comprising identifying, for at least one first data packet selected from the set of first data packets: a first set of peer nodes to which the at least one first data packet is assigned for relay; and a second subset of the first set, the second subset including only those peer nodes that are designated to relay the at least one first data packet to their own neighbouring nodes upon receiving the at least one first data packet from the network node.
Claim 1:
…identifying, for at least one first data packet selected from the set of first data packets: a first set of peer nodes to which the at least one first data packet is assigned for relay; and a second subset of the first set, the second subset including only those peer nodes that are designated to relay the at least one first data packet to their own neighbouring nodes upon receiving the at least one first data packet from the network node…
Claim 20:
The method claimed in claim 19, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for the at least one first data packet: transmitting, to peer nodes included in the second subset, the at least one first data packet; and transmitting, to peer nodes of the first set that are not included in the second subset, a modified data packet, the modified data packet including the at least one first data packet that is modified to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 4:
The method claimed in claim 1, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for the at least one first data packet: transmitting, to peer nodes included in the second subset, the at least one first data packet; and transmitting, to peer nodes of the first set that are not included in the second subset, a modified data packet, the modified data packet including the at least one first data packet that is modified to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 21:
The method claimed in claim 20, further comprising setting an additional bit in the at least one first data packet to indicate that further relays of the at least one first data packet to peer nodes are prohibited
Claim 5:
The method claimed in claim 4, further comprising setting an additional bit in the at least one first data packet to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 22:
The method according to claim 19, wherein the at least one first data packet is selected arbitrarily from the set of first data packets.
Claim 6:
The method according to claim 1, wherein the at least one first data packet is selected arbitrarily from the set of first data packets.
Claim 23:
The method according to claim 19, wherein the at least one first data packet is selected based on determining that the at least one first data packet had previously been transmitted by the network node to one or more peer nodes.
Claim 7:
The method according to claim 1, wherein the at least one first data packet is selected based on determining that the at least one first data packet had previously been transmitted by the network node to one or more peer nodes.
Claim 24:
The method according to claim 16, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for each of one or more first data packets of the set: determining a next scheduled time of relay of the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is a first length of time delay in relaying the first data packet to one or more peer nodes after the next scheduled time of relay of the first data packet.
Claim 8:
The method according to claim 1, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for each of one or more first data packets of the set: determining a next scheduled time of relay for the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is the first length of time delay after the next scheduled time of relay.
Claim 25:
The method claimed in claim 24, wherein the first length of time is inversely proportional to the available bandwidth.
Claim 9:
The method claimed in claim 8, wherein the first length of time delay is inversely proportional to the available bandwidth.
Claim 26:
The method according to claim 16, wherein the network node is configured to generate at least one first data packet and wherein determining the mapping comprises: for each of the at least one generated first data packet: identifying a predetermined number of first data packets that were previously generated by the network node; obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed; and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list.
Claim 10:
The method according to claim 1, wherein the network node is configured to generate at least one first data packet and wherein determining the mapping comprises: for each of the at least one generated first data packet: identifying a predetermined number of first data packets that were previously generated by the network node; obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed; and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list.
Claim 27:
The method claimed in claim 26, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 11:
The method claimed in claim 10, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 28:
The method according to claim 16, further comprising detecting a change in the available bandwidth in links of the network node to the plurality of neighbouring nodes, wherein determining the mapping includes using an updated indication of available bandwidth as a basis for setting, for each of the first data packets, the at least one parameter.
Claim 12:
The method according to claim 1, further comprising detecting a change in the available bandwidth in the links of the network node to the plurality of neighbouring nodes, wherein determining the mapping includes using an updated indication of available bandwidth as a basis for setting, for each of the first data packets, at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping; a first length of time delay in relaying the first data packet to one or more peer nodes; and a number of hops of the first data packet from the network node.
Claim 29:
A computer-implemented system for carrying out a method according to claim 16.
Claim 13:
A computer-implemented system for carrying out a method according to claim 1.
Claim 30:
A non-transitory computer-readable medium storing instructions for adapting a computer system to perform a method according to claim 16.
Claim 14:
A non-transitory computer-readable medium storing instructions for adapting a computer system to perform a method according to claim 1.
Claim 31:
The method claimed in claim 16, wherein the at least one parameter comprises at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping; a first length of time delay in relaying the first data packet to one or more peer nodes; a number of hops of the first data packet from the network node.
Claim 1:
… at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping, a first length of time delay in relaying the first data packet to one or more peer nodes, and a number of hops of the first data packet from the network node to a peer node…
Claim 32:
The method claimed in claim 16, wherein the at least one parameter comprises a first length of time delay in relaying the first data packet to one or more peer nodes, wherein the first length of time is a predetermined length of time after the expected time of relay.
Claim 1:
… the mapping indicating an expected time of relay of each first data packet of the set of first data… a first length of time delay in relaying the first data packet to one or more peer nodes…
Parent Patent No. 11,916,955 B2
Claims 16-18 and 24-32 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-7 and 13 of parent U.S. Patent No. 11,916,955 B2 (common inventive entity and assignee) in view of the prior art Jafarian et al. (US 9668169 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application Claims 16-18 and 24-32 are an obvious variation of Claims 1-7 and 13 of the parent patent in view of the prior art reference Jafarian. All the elements of Claims 16-18 and 24-32 of the instant application are found within the scope of Claims 1-7 and 13 of parent U.S. Patent No. 11,916,955 B2 except for the features of “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node”.
However, the analogous prior art Jafarian does disclose at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node (e.g. Jafarian “a processing system configured to generate a frame having one or more bits that indicate both a minimum bandwidth and a maximum bandwidth for communicating in a network and an interface configured to output the frame for transmission in the network” [column 1 lines 63-67]; “a wireless terminal may determine minimum and maximum bandwidths for communicating in a network based on a mapping of different values of bits in the frame to combinations of minimum and maximum bandwidths” [column 3 lines 66-67]-[column 4 lines 1-3]; “AP 110 may be configured to generate and transmit a frame having one or more bits that indicate both minimum and maximum bandwidths for communicating in a network. UT 120 may be configured to obtain (e.g., receive) the frame and determine, based on the one or more bits in the frame, both the minimum and maximum bandwidths for communicating in the network” [column 5 lines 26-32]).
It would have been an obvious modification to the invention of Claims 1-7 and 13 of parent U.S. Patent No. 11,916,955 B2 to include “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node” (as taught by Jafarian) for the purpose to address the desire for greater coverage and increased communication range (Jafarian [column 1 lines 32-35]).
Therefore, the invention as specified in application Claims 16-18 and 24-32 is not patentably distinct from Claims 1-7 and 13 of parent U.S. Patent No. 11,916,955 B2 in view of the prior art Jafarian.
The following Claims Comparison Table illustrates the obviousness relationship of the claims at issue.
Instant Application:
18/940,726
U.S. Patent No. 11,916,955 B2
(common inventive entity and assignee)
Claim 16:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node;
determining a mapping that assigns each of the first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each of the first data packets, wherein determining the mapping includes using the available bandwidth as a basis for setting, for each of the first data packets, at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping.
Claim 1:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network and at least one first data packet generated by the network node;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node, by obtaining an indicator of available bandwidth in each of at least one of the links of the network node to the plurality of neighbouring nodes;
determining a mapping that assigns each first data packet of the set of first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each first data packet of the set of first data packets, wherein determining the mapping includes: using the available bandwidth as a basis for setting, for each first data packet of the set of first data packets, at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping, a first length of time delay in relaying the first data packet to one or more peer nodes, and a number of hops of the first data packet from the network node to a peer node; and for each of the at least one first data packets generated by the network node: identifying a predetermined number of first data packets that were previously generated by the network node, obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed, and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping.
Claim 17:
The method claimed in claim 16, wherein determining the available bandwidth comprises obtaining an indicator of available bandwidth in each of at least one of the network node's links to the plurality of neighbouring nodes.
Claim 1:
… obtaining an indicator of available bandwidth in each of at least one of the links of the network node to the plurality of neighbouring nodes…
Claim 18:
The method claimed in claim 16, wherein the at least one parameter comprises at least a first number of peer nodes to which the first data packet is assigned for relay by the mapping, and determining the mapping comprises: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the first data packet is assigned for relay by the mapping; and selecting a number in the determined range to set as the first number of peer nodes.
Claim 3:
The method according to claim 1, wherein determining the mapping comprises: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the at least one first data packet is assigned for relay by the mapping; and selecting a number in the determined range to set as the first number of peer nodes.
Claim 24:
The method according to claim 16, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for each of one or more first data packets of the set: determining a next scheduled time of relay of the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is a first length of time delay in relaying the first data packet to one or more peer nodes after the next scheduled time of relay of the first data packet.
Claim 4:
The method according to claim 1, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises, for each of one or more first data packets of the set: determining a next scheduled time of relay for the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is the first length of time after the next scheduled time of relay.
Claim 25:
The method claimed in claim 24, wherein the first length of time is inversely proportional to the available bandwidth.
Claim 5:
The method according to claim 4, wherein the first length of time is inversely proportional to the available bandwidth.
Claim 26:
The method according to claim 16, wherein the network node is configured to generate at least one first data packet and wherein determining the mapping comprises: for each of the at least one generated first data packet: identifying a predetermined number of first data packets that were previously generated by the network node; obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed; and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list.
Claim 1:
…at least one first data packet generated by the network node… identifying a predetermined number of first data packets that were previously generated by the network node, obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed, and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list…
Claim 27:
The method claimed in claim 26, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 2:
The method according to claim 1, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 28:
The method according to claim 16, further comprising detecting a change in the available bandwidth in links of the network node to the plurality of neighbouring nodes, wherein determining the mapping includes using an updated indication of available bandwidth as a basis for setting, for each of the first data packets, the at least one parameter.
Claim 6:
The method according to claim 1, further comprising detecting a change in the available bandwidth in links of the network node to the plurality of neighbouring nodes, wherein determining the mapping includes using an updated indication of available bandwidth as a basis for setting, for each of the first data packets, at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping; a first length of time delay in relaying the first data packet to one or more peer nodes; and a number of hops of the first data packet from the network node.
Claim 29:
A computer-implemented system for carrying out a method according to claim 16.
Claim 7:
A computer-implemented system for A computer-implemented system comprising: one or more processors; and memory including executable instructions that, upon execution by the one or more processors, cause the computer-implemented system to carry out the method according to claim 1.
Claim 30:
A non-transitory computer-readable medium storing instructions for adapting a computer system to perform a method according to claim 16.
Claim 13:
A non-transitory computer-readable medium storing instructions for adapting a computer system to perform the method according to claim 1.
Claim 31:
The method claimed in claim 16, wherein the at least one parameter comprises at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping; a first length of time delay in relaying the first data packet to one or more peer nodes; a number of hops of the first data packet from the network node.
Claim 1:
… at least one of: a first number of peer nodes to which the first data packet is assigned for relay by the mapping, a first length of time delay in relaying the first data packet to one or more peer nodes, and a number of hops of the first data packet from the network node to a peer node…
Claim 32:
The method claimed in claim 16, wherein the at least one parameter comprises a first length of time delay in relaying the first data packet to one or more peer nodes, wherein the first length of time is a predetermined length of time after the expected time of relay.
Claim 1:
… the mapping indicating an expected time of relay of each first data packet of the set of first data… a first length of time delay in relaying the first data packet to one or more peer nodes…
Parent Patent No. 12,177,245 B2
Claims 16-27, 29, 30, and 32 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-11 and 16 of parent U.S. Patent No. 12,177,245 B2 (common inventive entity and assignee) in view of the prior art Jafarian et al. (US 9668169 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application Claims 16-27, 29, 30, and 32 are an obvious variation of Claims 1-11 and 16 of the parent patent in view of the prior art reference Jafarian. All the elements of Claims 16-27, 29, 30, and 32 of the instant application are found within the scope of Claims 1-11 and 16 of parent U.S. Patent No. 12,177,245 B2 except for the features of “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node”.
However, the analogous prior art Jafarian does disclose at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node (e.g. Jafarian “a processing system configured to generate a frame having one or more bits that indicate both a minimum bandwidth and a maximum bandwidth for communicating in a network and an interface configured to output the frame for transmission in the network” [column 1 lines 63-67]; “a wireless terminal may determine minimum and maximum bandwidths for communicating in a network based on a mapping of different values of bits in the frame to combinations of minimum and maximum bandwidths” [column 3 lines 66-67]-[column 4 lines 1-3]; “AP 110 may be configured to generate and transmit a frame having one or more bits that indicate both minimum and maximum bandwidths for communicating in a network. UT 120 may be configured to obtain (e.g., receive) the frame and determine, based on the one or more bits in the frame, both the minimum and maximum bandwidths for communicating in the network” [column 5 lines 26-32]).
It would have been an obvious modification to the invention of Claims 1-11 and 16 of parent U.S. Patent No. 12,177,245 B2 to include “at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node” (as taught by Jafarian) for the purpose to address the desire for greater coverage and increased communication range (Jafarian [column 1 lines 32-35]).
Therefore, the invention as specified in application Claims 16-27, 29, 30, and 32 is not patentably distinct from Claims 1-11 and 16 of parent U.S. Patent No. 12,177,245 B2 in view of the prior art Jafarian.
The following Claims Comparison Table illustrates the obviousness relationship of the claims at issue.
Instant Application:
18/940,726
U.S. Patent No. 12,177,245 B2
(common inventive entity and assignee)
Claim 16:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node;
determining a mapping that assigns each of the first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each of the first data packets, wherein determining the mapping includes using the available bandwidth as a basis for setting, for each of the first data packets, at least one parameter to control relaying the at least one first data packet to the one or more neighbouring nodes, the at least one parameter comprising a maximum amount of bandwidth that can be allocated to the network node; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping.
Claim 1:
A computer-implemented method of propagating data packets in a network of nodes, the method comprising:
collecting, at a network node, a set of first data packets during a first time period, the set including at least one first data packet received from one or more first nodes in the network;
determining an available bandwidth in links of the network node to a plurality of neighbouring nodes connected to the network node;
determining a mapping that assigns each of the first data packets for relay to one or more neighbouring nodes, the mapping indicating an expected time of relay of each of the first data packets, wherein determining the mapping includes, for each of the first data packets:
determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the first data packet is assigned for relay by the mapping, selecting a number in the determined range to set as a first number of peer nodes, and setting, based on the available bandwidth, a first length of time delay in relaying the first data packet to one or more peer nodes; and
transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping, by: for each of one or more first data packets of the set: determining a next scheduled time of relay of the first data packet to neighbouring nodes; and
relaying the first data packet at a point in time that is the first length of time after the next scheduled time of relay of the first data packet.
Claim 17:
The method claimed in claim 16, wherein determining the available bandwidth comprises obtaining an indicator of available bandwidth in each of at least one of the network node's links to the plurality of neighbouring nodes.
Claim 2:
The computer-implemented method claimed in claim 1, wherein determining the available bandwidth comprises obtaining an indicator of available bandwidth in each of at least one of the links of the network node to the plurality of neighbouring nodes.
Claim 18:
The method claimed in claim 16, wherein the at least one parameter comprises at least a first number of peer nodes to which the first data packet is assigned for relay by the mapping, and determining the mapping comprises: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the first data packet is assigned for relay by the mapping; and selecting a number in the determined range to set as the first number of peer nodes.
Claim 1:
…wherein determining the mapping includes, for each of the first data packets: determining, based on the available bandwidth, a range of possible values for a number of peer nodes to which the first data packet is assigned for relay by the mapping, selecting a number in the determined range to set as a first number of peer nodes…
Claim 19:
The method according to claim 16, further comprising identifying, for at least one first data packet selected from the set of first data packets: a first set of peer nodes to which the at least one first data packet is assigned for relay; and a second subset of the first set, the second subset including only those peer nodes that are designated to relay the at least one first data packet to their own neighbouring nodes upon receiving the at least one first data packet from the network node.
Claim 3:
The computer-implemented method according to claim 1, further comprising identifying, for at least one first data packet selected from the set of first data packets: a first set of peer nodes to which the at least one first data packet is assigned for relay; and a second subset of the first set, the second subset including only those peer nodes that are designated to relay the at least one first data packet to their own neighbouring nodes upon receiving the at least one first data packet from the network node.
Claim 20:
The method claimed in claim 19, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for the at least one first data packet: transmitting, to peer nodes included in the second subset, the at least one first data packet; and transmitting, to peer nodes of the first set that are not included in the second subset, a modified data packet, the modified data packet including the at least one first data packet that is modified to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 4:
The computer-implemented method claimed in claim 3, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for the at least one first data packet: transmitting, to peer nodes included in the second subset, the at least one first data packet; and transmitting, to peer nodes of the first set that are not included in the second subset, a modified data packet, the modified data packet including the at least one first data packet that is modified to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 21:
The method claimed in claim 20, further comprising setting an additional bit in the at least one first data packet to indicate that further relays of the at least one first data packet to peer nodes are prohibited
Claim 5:
The computer-implemented method claimed in claim 4, further comprising setting an additional bit in the at least one first data packet to indicate that further relays of the at least one first data packet to peer nodes are prohibited.
Claim 22:
The method according to claim 19, wherein the at least one first data packet is selected arbitrarily from the set of first data packets.
Claim 6:
The computer-implemented method according to claim 1, wherein the at least one first data packet is selected arbitrarily from the set of first data packets.
Claim 23:
The method according to claim 19, wherein the at least one first data packet is selected based on determining that the at least one first data packet had previously been transmitted by the network node to one or more peer nodes.
Claim 7:
The computer-implemented method according to claim 1, wherein the at least one first data packet is selected based on determining that the at least one first data packet had previously been transmitted by the network node to one or more peer nodes.
Claim 24:
The method according to claim 16, wherein transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping comprises: for each of one or more first data packets of the set: determining a next scheduled time of relay of the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is a first length of time delay in relaying the first data packet to one or more peer nodes after the next scheduled time of relay of the first data packet.
Claim 1:
… transmitting the first data packets of the set to the plurality of neighbouring nodes according to the determined mapping, by: for each of one or more first data packets of the set:
determining a next scheduled time of relay of the first data packet to neighbouring nodes; and relaying the first data packet at a point in time that is the first length of time after the next scheduled time of relay of the first data packet.
Claim 25:
The method claimed in claim 24, wherein the first length of time is inversely proportional to the available bandwidth.
Claim 8:
The computer-implemented method claimed in claim 1, wherein the first length of time delay is inversely proportional to the available bandwidth.
Claim 26:
The method according to claim 16, wherein the network node is configured to generate at least one first data packet and wherein determining the mapping comprises: for each of the at least one generated first data packet: identifying a predetermined number of first data packets that were previously generated by the network node; obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed; and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list.
Claim 9:
The computer-implemented method according to claim 1, wherein the network node is configured to generate at least one first data packet and wherein determining the mapping comprises: for each of the at least one generated first data packet: identifying a predetermined number of first data packets that were previously generated by the network node; obtaining a list of relay node sets associated with the previously generated first data packets, the relay node sets including neighbouring nodes to which the previously generated first data packets are respectively relayed; and selecting a first set of relay nodes based on identifying a set of neighbouring nodes that is different from the relay node sets in the obtained list.
Claim 27:
The method claimed in claim 26, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 10:
The computer-implemented method claimed in claim 9, wherein selecting the first set of relay nodes comprises arbitrarily selecting a set of two or more neighbouring nodes that is not included in the obtained list.
Claim 29:
A computer-implemented system for carrying out a method according to claim 16.
Claim 11:
A computer-implemented system comprising: one or more processors; and memory including executable instructions that, upon execution by the one or more processors, cause the computer-implemented system to carry out the method according to claim 1.
Claim 30:
A non-transitory computer-readable medium storing instructions for adapting a computer system to perform a method according to claim 16.
Claim 16:
A non-transitory computer-readable storage medium having stored thereon executable instructions for adapting a computer system to perform a computer-implemented method according to claim 1.
Claim 32:
The method claimed in claim 16, wherein the at least one parameter comprises a first length of time delay in relaying the first data packet to one or more peer nodes, wherein the first length of time is a predetermined length of time after the expected time of relay.
Claim 1:
… the mapping indicating an expected time of relay of each first data packet of the set of first data packets… a first length of time delay in relaying the first data packet to one or more peer nodes;…
Allowable Subject Matter
Claim 33 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
Rabie et al. (US 20080144632 A1)
Naka et al. (US 20090185550 A1)
Mahendran et al. (US 20090190471 A1)
ZONG et al. (US 20220264527 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kenneth Chang whose telephone number is (571)270-7530. The examiner can normally be reached Monday - Friday 9:30am-5:30pm EST.
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/KENNETH W CHANG/Primary Examiner, Art Unit 2438
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