DETAILED ACTION
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 .
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).
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12167382 B1 (hereinafter “Patent ‘382”). Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application (instant application) are transparently found in the Patent’382 with obvious wording variations as shown below.
Instant application 18/950,817
U.S. Patent No. 12,167,382
A method comprising:
determining total available bandwidth on a wireless channel;
receiving a new path request to reserve an amount of bandwidth on the wireless channel, the new path request including a setup priority level of a plurality of different priority levels and including a hold priority level of the plurality of different priority levels, the setup priority level indicating priority for establishing a new bandwidth reservation for the new path request, the hold priority level indicating priority for maintaining an established bandwidth reservation once bandwidth is reserved on the wireless channel for the new path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels based of one or more established bandwidth reservations on the wireless channel and on more respective hold priority levels of one or more prior path requests associated with the one or more established bandwidth reservations on the wireless channel;
establishing the new bandwidth reservation on the wireless channel in response to the new path request based on the setup priority level and based on the tracked reserved or unreserved bandwidth at each of the plurality of different priority levels, the establishing the new bandwidth reservation including if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth is greater than an amount of total reserved bandwidth on the wireless channel, then establishing the new bandwidth reservation on the wireless channel without removing any established bandwidth reservation;
if the unreserved bandwidth at the setup priority level is less than the amount of bandwidth requested by the new path request, then preempting the new path request; and
if the difference between total available bandwidth on the wireless channel and total reserved bandwidth is less than the amount of bandwidth requested by the new path request, then attempting to remove at least one established bandwidth reservation having a lower hold priority level than the setup priority level of the new path request to make room for the new bandwidth reservation.
A method performed by a router, the method comprising:
determining total available bandwidth on a wireless channel;
receiving a new path request from an external device to reserve an amount of bandwidth on the wireless channel, the new path request including a setup priority level of a plurality of different priority levels and including a hold priority level of the plurality of different priority levels, the setup priority level indicating priority for establishing a new bandwidth reservation on the wireless channel for the new path request, the hold priority level indicating priority for maintaining an established bandwidth reservation once bandwidth is reserved on the wireless channel for the new path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels based of one or more established bandwidth reservations on the wireless channel and based on more respective hold priority levels of one or more prior path requests associated with the one or more established bandwidth reservations on the wireless channel;
establishing the new bandwidth reservation on the wireless channel, the establishing the new bandwidth reservation on the wireless channel including if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth on the wireless channel is greater than an amount of total reserved bandwidth on the wireless channel once bandwidth is reserved on the wireless channel for the new path request, then establishing the new bandwidth reservation on the wireless channel without removing any established bandwidth reservation;
if the unreserved bandwidth at the setup priority level is less than the amount of bandwidth requested by the new path request, then preempting the new path request; and if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth on the wireless channel is less than an amount of total reserved bandwidth on the wireless channel once bandwidth is reserved on the wireless channel for the new path request, then attempting to remove at least one established bandwidth reservation having a lower hold priority level than the setup priority level of the new path request to make room for the new bandwidth reservation.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11291005 B2 (hereinafter “Patent ‘005”). Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application (instant application) are transparently found in the Patent’005 with obvious wording variations as shown below.
Instant application 18/950,817
U.S. Patent No. 11,291,005 B2
1.A method comprising:
determining total available bandwidth on a wireless channel;
receiving a new path request to reserve an amount of bandwidth on the wireless channel, the new path request including a setup priority level of a plurality of different priority levels and including a hold priority level of the plurality of different priority levels, the setup priority level indicating priority for establishing a new bandwidth reservation for the new path request, the hold priority level indicating priority for maintaining an established bandwidth reservation once bandwidth is reserved on the wireless channel for the new path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels based of one or more established bandwidth reservations on the wireless channel and on more respective hold priority levels of one or more prior path requests associated with the one or more established bandwidth reservations on the wireless channel;
establishing the new bandwidth reservation on the wireless channel in response to the new path request based on the setup priority level and based on the tracked reserved or unreserved bandwidth at each of the plurality of different priority levels, the establishing the new bandwidth reservation including if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth is greater than an amount of total reserved bandwidth on the wireless channel, then establishing the new bandwidth reservation on the wireless channel without removing any established bandwidth reservation;
if the unreserved bandwidth at the setup priority level is less than the amount of bandwidth requested by the new path request, then preempting the new path request; and
if the difference between total available bandwidth on the wireless channel and total reserved bandwidth is less than the amount of bandwidth requested by the new path request, then attempting to remove at least one established bandwidth reservation having a lower hold priority level than the setup priority level of the new path request to make room for the new bandwidth reservation.
A method performed by a router, the method comprising:
determining total available bandwidth on a wireless channel;
receiving a new path request from an external device to reserve an amount of bandwidth on the wireless channel, the new path request including a setup priority level of a plurality of different priority levels and including a hold priority level of the plurality of different priority levels, the setup priority level indicating priority for establishing a new bandwidth reservation for the new path request, the hold priority level indicating priority for maintaining an established bandwidth reservation once bandwidth is reserved on the wireless channel for the new path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels based of one or more established bandwidth reservations on the wireless channel and on more respective hold priority levels of one or more prior path requests associated with the one or more established bandwidth reservations on the wireless channel;
establishing the new bandwidth reservation on the wireless channel in response to the new path request based on the setup priority level and based on the tracked reserved or unreserved bandwidth at each of the plurality of different priority levels, the establishing the new bandwidth reservation including if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth is greater than an amount of total reserved bandwidth on the wireless channel, then establishing the new bandwidth reservation on the wireless channel without removing any established bandwidth reservation;
if the unreserved bandwidth at the setup priority level is less than the amount of bandwidth requested by the new path request, then preempting the new path request; and if the difference between total available bandwidth on the wireless channel and total reserved bandwidth is less than the amount of bandwidth requested by the new path request, then attempting to remove at least one established bandwidth reservation having a lower hold priority level than the setup priority level of the new path request to make room for the new bandwidth reservation.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.10645695 B2 (hereinafter “Patent ‘695”). Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application (instant application) are transparently found in the Patent’695 with obvious wording variations as shown below.
Instant application 18/950,817
U.S. Patent No. 11,291,005 B2
A method comprising:
determining total available bandwidth on a wireless channel;
receiving a new path request to reserve an amount of bandwidth on the wireless channel, the new path request including a setup priority level of a plurality of different priority levels and including a hold priority level of the plurality of different priority levels, the setup priority level indicating priority for establishing a new bandwidth reservation for the new path request, the hold priority level indicating priority for maintaining an established bandwidth reservation once bandwidth is reserved on the wireless channel for the new path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels based of one or more established bandwidth reservations on the wireless channel and on more respective hold priority levels of one or more prior path requests associated with the one or more established bandwidth reservations on the wireless channel;
establishing the new bandwidth reservation on the wireless channel in response to the new path request based on the setup priority level and based on the tracked reserved or unreserved bandwidth at each of the plurality of different priority levels, the establishing the new bandwidth reservation including if the unreserved bandwidth at the setup priority level is greater than the amount of bandwidth requested by the new path request and the total available bandwidth is greater than an amount of total reserved bandwidth on the wireless channel, then establishing the new bandwidth reservation on the wireless channel without removing any established bandwidth reservation;
if the unreserved bandwidth at the setup priority level is less than the amount of bandwidth requested by the new path request, then preempting the new path request; and
if the difference between total available bandwidth on the wireless channel and total reserved bandwidth is less than the amount of bandwidth requested by the new path request, then attempting to remove at least one established bandwidth reservation having a lower hold priority level than the setup priority level of the new path request to make room for the new bandwidth reservation.
A method comprising:
making one or more bandwidth reservations on a wireless channel in response to one or more path requests, each of the one or more path requests being associated with a respective bandwidth reservation request, with a respective setup priority level of a plurality of different priority levels, and with a respective hold priority level of the plurality of different priority levels, the setup priority level indicating priority for setting up a new bandwidth reservation based on the path request, the hold priority level indicating priority for maintaining the bandwidth reservation once bandwidth is reserved based on the path request;
tracking reserved or unreserved bandwidth at each of the plurality of different priority levels;
receiving a bandwidth update associated with a change in total available bandwidth over the wireless channel;
determining if the change in total available bandwidth results in total reserved bandwidth exceeding total available bandwidth; if the change in total available bandwidth results in total reserved bandwidth exceeding total available bandwidth, then preempting a lowest priority path request based on the respective hold priority level of the previously received one or more path requests;
after preempting the lowest priority path request based on the respective hold priority level, updating the reserved or unreserved bandwidth of one or more priority levels of the plurality of priority levels; and providing a message to a router regarding the change of total available bandwidth.
Claim Objections
Claim 1 is objected to because of the following informalities.
For Claim 1 the occurrence of “based of one” in line 10, seems a typo error, if this is true, it is suggested to applicant to change “based of one” to “based on one”.
For Claim 1 the occurrence of “on more” in line 10, seems a typo error, if this is true, it is suggested to applicant to change “on more” to “one
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fredericks et al(US 20130201922 A1) (abstract,[0052], [0056]-[0061] and Fig. 4-6) teaches, a method and apparatus for admitting requests for allocation of bandwidth in a communication system. Available bandwidth is logically divided for use among commercial users and public-safety users, where the commercial users utilize a predefined portion of the bandwidth and the public-safety users utilize a public-safety portion of the bandwidth. When a public-safety bearer request is made, and available bandwidth does not exist within the public safety portion of the bandwidth, some bandwidth unoccupied by commercial users from commercial portion can be used to admit the bearer request. When commercial bandwidth is occupied by commercial users, lower priority commercial users can be preempted so that commercial bandwidth can be used to handle the bearer request.
Bahadur et al(US 9577925 B1), ( col 10 lines 59-col 11 lines 16, col 14 lines 30-65, and Fig. 6) teaches , a method of signaling a LSP in a packet-switched network. The network router determines the bandwidth usage information for the LSP. The bandwidth usage information for the LSP is sent to a path computation element. A configuration message is received from the path computation element. Either installing the route to a routing information base associated with the layer 3 routing protocol to other network device or installing the filter to forwarding information to modify the criteria for mapping the subsequent network packets to the LSP.
Choudhury et al(US 2012/0147895 A1)([0034]-[0038]), a method of switched paths (LSPs) for preemption which includes sorting a first list of first label switched paths based on their respective bandwidths and priorities to form a sorted first list, each of the label switched paths having a lower priority than a requested label switched path, sequentially marking the first label switched paths for preemption based on their position in the sorted list until a bandwidth associated with the marked label switched paths exceeds a bandwidth gap, and configuring a routing engine to preempt the marked first label switched paths.
Internet Communications
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/AWET HAILE/Primary Examiner, Art Unit 2474
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