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 .
This communication is in response to the Applicant Arguments/Remarks filed on 02/04/2025.
Claims 1-7, 9-21, and 23-25 are rejected. Claims 8 and 22 are objected. Claim is has been amended.
Response to Arguments
Applicant's arguments filed, with respect to claims 1 and 13-14 have been fully considered but they are not persuasive. Applicants are arguing in substance the following:
Argument to claims 1-2 and 13-14: Markuze does not discuss spectral efficiency.
Response to the argument of claims 1 and 13-14:
In Markuze [0274] teaches evaluating routes/paths based on calculated path weights (representing available bandwidth, cost, and route quality) and selecting a preferred path when path capacity/weight criteria are met. In network architecture, selecting higher-bandwidth or lower-cost routes corresponds directly to selecting links with higher effective data capacity per spectral allocation. One of ordinary skill in the art at the time of the invention would have readily understood that path cost and available bandwidth in a cable/network communications system are directly dictated by the modulation order (e.g., higher-order QAM schemes providing greater bit efficiency over a given channel bandwidth). Choosing or routing traffic over channels configured with modulation schemes capable of higher spectral efficiency to optimize network throughput and lower path cost is a well-known, conventional technique in cable network. Modifying the path/channel selection criteria of Markuze to evaluate modulation capability and spectral efficiency would have been obvious to a POSITA to maximize network data throughput and efficient bandwidth allocation.
The obviousness rejection of claims 1-2 and 13-14 is maintained accordingly.
Applicant’s argument with respect to claim 9 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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, 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 1-3, 10-18, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Markuze et al. (US 20190268421 A1), hereafter Markuze in view of Asati et al. (US 20090016458 A1), hereafter Asati.
Regarding claim 1, Markuze teaches a method comprising:
at a scheduler component of a cable network, obtaining first data designated for a first downstream component of the cable network ([0273] When a request for a bandwidth reservation of value BW between branches A and B is accepted, the controller cluster first maps the request to specific ingress and egress routers n and m, which are bound to branches A and B respectively);
at the scheduler component, determining whether the first downstream component is capable of receiving the first data via a first channel of at least first and second available channels for the first downstream component ([0146] when a link does not have at least 2 Mbps of available bandwidth, the controller cluster of some embodiments removes the link from the set of links that are used to compute lowest-cost path (e.g., shortest path) to any destination (e.g., remove the link from the routing graph, such as graph 400). If an end-to-end route is still available after the removal of this link, new VPNs will be routed across this new route), wherein the first channel for the first downstream component has a modulation scheme capable of higher spectral efficiency than that for the second channel for the first downstream component ([0274] If the weight of the second route is no more than K percent (K is typically 10%-30%) higher than the first route, the second route is selected as the preferred path);
at the scheduler component, responsive to determining that the first downstream component is capable of receiving the first data via the first channel for the first downstream component, populating a first table to assign the first channel for the first downstream component to the first downstream component at a first specified time ([0284] After selecting (at 2120) one or N paths for each candidate pair of ingress/egress nodes, the controller cluster defines one or N routes based on the selected paths, and then generates route tables or route table portions for the MFNs that implement the particular tenant's virtual network);
Markuze does not explicitly teach
operating the cable network in accordance with the populated first table.
Asati teaches
operating the cable network in accordance with the populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 2, Markuze and Asati teach the method of Claim 1, Merino further teaches:
at the scheduler component of the cable network, obtaining second data designated for a second downstream component of the cable network ([0273] when a request for a bandwidth reservation of value BW between branches A and B is accepted, the controller cluster first maps the request to specific ingress and egress routers n and m (second downstream component), which are bound to branches A and B respectively);
at the scheduler component, determining whether the second downstream component is capable of receiving the second data via a first channel of at least first and second available channels for the second downstream component ([0146] when a link does not have at least 2 Mbps of available bandwidth, the controller cluster of some embodiments removes the link from the set of links that are used to compute lowest-cost path (e.g., shortest path) to any destination (e.g., remove the link from the routing graph, such as graph 400). If an end-to-end route is still available after the removal of this link, new VPNs will be routed across this new route), wherein the first channel for the second downstream component has a modulation scheme capable of higher spectral efficiency than that for the second channel for the second downstream component ([0274] If the weight of the second route is no more than K percent (K is typically 10%-30%) higher than the first route, the second route is selected as the preferred path); and
at the scheduler component, responsive to determining that the second downstream component is not capable of receiving the second data via the first channel for the second downstream component, further populating the first table to assign the second channel for the second downstream component to the second downstream component at a second specified time ([0284] After selecting (at 2120) one or N paths for each candidate pair of ingress/egress nodes, the controller cluster defines one or N routes based on the selected paths, and then generates route tables or route table portions for the MFNs that implement the particular tenant's virtual network);
Markuze does not explicitly teach
wherein the operating of the cable network in accordance with the first table comprises operating the cable network in accordance with the further populated first table.
Asati teaches
wherein the operating of the cable network in accordance with the first table comprises operating the cable network in accordance with the further populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 3, Markuze and Asati teach the method of Claim 2, wherein Markuze further teaches the steps of determining whether the first downstream component is capable of receiving the first data via the first channel for the first downstream component and determining whether the second downstream component is capable of receiving the second data via the first channel for the second downstream component are based on a second table including channel / modulation information for the first and second downstream components ([0126] generates the routing tables for the cloud forwarding elements from the routing graph. The process distributes these routing tables to the cloud forwarding elements of the managed forwarding nodes).
Regarding claim 10, Markuze and Asati teach the method of Claim 3, wherein Markuze further teaches the first and second downstream components comprise at least one of actives and passives ([0141] the CFEs do not establish secure, actively maintained VPN tunnels. For instance, in some embodiments, the tunnels between the CFEs are static tunnels that are not actively monitored through the transmission of keep-alive signals).
Regarding claim 11, Markuze and Asati teach the method of Claim 1, wherein Asati further teaches the cable network comprises a hybrid fiber-cable network (claim 13, the data path is established over Hybrid Fiber Coax (HFC) cabling).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, the data path is a Hybrid Fiber Coax cabling, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 12, Markuze and Asati teach the method of Claim 11, wherein Asati further teaches the hybrid fiber-cable network comprises a DOCSIS network ([0026] In conjunction with formatting the forwarding tables, the M-CMTS core 2 and the interface 3B establish one or more LSPs (such as DOCSIS pseudowire) for reaching each other).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, Hybrid Fiber Coax cabling comprise a DOCSIS, as taught by Markuze. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 13, Markuze teaches a non-transitory computer readable medium comprising computer executable instructions which when executed by a processor cause the processor to perform a method comprising the steps of ([0393] a computer readable storage medium):
at a scheduler component of a cable network, obtaining first data designated for a first downstream component of the cable network ([0273] When a request for a bandwidth reservation of value BW between branches A and B is accepted, the controller cluster first maps the request to specific ingress and egress routers n and m, which are bound to branches A and B respectively);
at the scheduler component, determining whether the first downstream component is capable of receiving the first data via a first channel of at least first and second available channels for the first downstream component ([0146] when a link does not have at least 2 Mbps of available bandwidth, the controller cluster of some embodiments removes the link from the set of links that are used to compute lowest-cost path (e.g., shortest path) to any destination (e.g., remove the link from the routing graph, such as graph 400). If an end-to-end route is still available after the removal of this link, new VPNs will be routed across this new route), wherein the first channel for the first downstream component has a modulation scheme capable of higher spectral efficiency than that for the second channel for the first downstream component ([0274] If the weight of the second route is no more than K percent (K is typically 10%-30%) higher than the first route, the second route is selected as the preferred path);
at the scheduler component, responsive to determining that the first downstream component is capable of receiving the first data via the first channel for the first downstream component, populating a first table to assign the first channel for the first downstream component to the first downstream component at a first specified time ([0284] After selecting (at 2120) one or N paths for each candidate pair of ingress/egress nodes, the controller cluster defines one or N routes based on the selected paths, and then generates route tables or route table portions for the MFNs that implement the particular tenant's virtual network);
Markuze does not explicitly teach
facilitating operation of the cable network in accordance with the populated first table.
Asati teaches
facilitating operation of the cable network in accordance with the populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables , as taught by Markuze. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 14, Markuze teaches a system comprising:
electronic circuitry configured to implement a scheduler component of a cable network, the electronic circuitry being configured to ([0393] instructions are executed by one or more processing unit(s)):
obtain first data designated for a first downstream component of the cable network ([0273] When a request for a bandwidth reservation of value BW between branches A and B is accepted, the controller cluster first maps the request to specific ingress and egress routers n and m, which are bound to branches A and B respectively);
determine whether the first downstream component is capable of receiving the first data via a first channel of at least first and second available channels for the first downstream component ([0146] when a link does not have at least 2 Mbps of available bandwidth, the controller cluster of some embodiments removes the link from the set of links that are used to compute lowest-cost path (e.g., shortest path) to any destination (e.g., remove the link from the routing graph, such as graph 400). If an end-to-end route is still available after the removal of this link, new VPNs will be routed across this new route), wherein the first channel for the first downstream component has a modulation scheme capable of higher spectral efficiency than that for the second channel for the first downstream component ([0274] If the weight of the second route is no more than K percent (K is typically 10%-30%) higher than the first route, the second route is selected as the preferred path);
responsive to determining that the first downstream component is capable of receiving the first data via the first channel for the first downstream component, populate a first table to assign the first channel for the first downstream component to the first downstream component at a first specified time ([0284] After selecting (at 2120) one or N paths for each candidate pair of ingress/egress nodes, the controller cluster defines one or N routes based on the selected paths, and then generates route tables or route table portions for the MFNs that implement the particular tenant's virtual network);
Markuze does not explicitly teach
facilitate operating the cable network in accordance with the populated first table.
Asati teaches
facilitate operating the cable network in accordance with the populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding 15, Markuze and Asati teach the system of Claim 14, Asati further teaches the cable network, the cable network being coupled to the electronic circuitry, wherein the cable network is configured to operate in accordance with the populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding 16, Markuze and Asati teach the system of Claim 15, wherein Markuze further teaches the electronic circuitry includes a memory, and at least one processor, coupled to the memory, and operative to carry out the obtaining, determining, and populating ([0394] applications stored in magnetic storage, which can be read into memory for processing by a processor).
Regarding 17, Markuze and Asati teach the system of Claim 16, wherein Markuze further teaches the at least one processor is further operative to:
obtain second data designated for a second downstream component of the cable network ([0273] when a request for a bandwidth reservation of value BW between branches A and B is accepted, the controller cluster first maps the request to specific ingress and egress routers n and m (second downstream component), which are bound to branches A and B respectively);
determine whether the second downstream component is capable of receiving the second data via a first channel of at least first and second available channels for the second downstream component ([0146] when a link does not have at least 2 Mbps of available bandwidth, the controller cluster of some embodiments removes the link from the set of links that are used to compute lowest-cost path (e.g., shortest path) to any destination (e.g., remove the link from the routing graph, such as graph 400). If an end-to-end route is still available after the removal of this link, new VPNs will be routed across this new route), wherein the first channel for the second downstream component has a modulation scheme capable of higher spectral efficiency than that for the second channel for the second downstream component ([0274] If the weight of the second route is no more than K percent (K is typically 10%-30%) higher than the first route, the second route is selected as the preferred path); and
responsive to determining that the second downstream component is not capable of receiving the second data via the first channel for the second downstream component, further populating the first table to assign the second channel for the second downstream component to the second downstream component at a second specified time ([0284] After selecting (at 2120) one or N paths for each candidate pair of ingress/egress nodes, the controller cluster defines one or N routes based on the selected paths, and then generates route tables or route table portions for the MFNs that implement the particular tenant's virtual network);
Markuze does not explicitly teach
the operating of the cable network in accordance with the first table comprises operating the cable network in accordance with the further populated first table.
Asati teaches
the operating of the cable network in accordance with the first table comprises operating the cable network in accordance with the further populated first table ([0020], fig. 1A/B, after the Label Switched Paths (LSPs) 20, 21 22 are established and the forwarding tables formatted, the M-CMTS core 2 uses its local forwarding table to apply labels to traffic arriving from the Internet for forwarding across the MPLS network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, operate cable network based on forwarding tables, as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 18, Markuze and Asati teach the system of Claim 17, wherein Markuze further teaches the determination of whether the first downstream component is capable of receiving the first data via the first channel for the first downstream component and the determination of whether the second downstream component is capable of receiving the second data via the first channel for the second downstream component are based on a second table including channel / modulation information for the first and second downstream components, the first and second tables being stored in a data structure coupled to the at least one processor ([0126] generates the routing tables for the cloud forwarding elements from the routing graph. The process distributes these routing tables to the cloud forwarding elements of the managed forwarding nodes).
Regarding claim 23, Markuze and Asati teach the system of Claim 18, wherein Markuze further teaches the first and second downstream components comprise at least one of actives and passives ([0141] the CFEs do not establish secure, actively maintained VPN tunnels. For instance, in some embodiments, the tunnels between the CFEs are static tunnels that are not actively monitored through the transmission of keep-alive signals).
Regarding claim 24, Markuze and Asati teach the system of Claim 16, wherein Asati further teaches the cable network comprises a hybrid fiber-cable network. (claim 13, the data path is established over Hybrid Fiber Coax (HFC) cabling).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, the data path is a Hybrid Fiber Coax cabling , as taught by Asati. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Regarding claim 25, Markuze and Asati teach the system of Claim 24, wherein Asati further teaches the hybrid fiber-cable network comprises a DOCSIS network ([0026] In conjunction with formatting the forwarding tables, the M-CMTS core 2 and the interface 3B establish one or more LSPs (such as DOCSIS pseudowire) for reaching each other).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, Hybrid Fiber Coax cabling comprise a DOCSIS, as taught by Markuze. One would be motivated to do so to determine efficient routes by label value, which allows a user to easily assign selected data flows to the more efficient route by establishing an LDP session to change the mapping values.
Claims 4-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Markuze (US 20190268421 A1) in view of Asati (US 20090016458 A1) and further in view of Merino (US 20120249338 A1).
Regarding claim 4, Markuze and Asati teach the method of Claim 3, wherein Markuze further teaches the first and second downstream components comprise cable modems, further comprising:
storing the optimal channel / modulations for each of the modems in the second table ([0198] all the SaaS provider routes are installed in one route table or in one portion of the VRF namespace, while in other embodiments the routes for the different SaaS providers are stored in different route tables or different VRF namespace portions).
Markuze does not explicitly teach
determining optimal channel / modulations for each of the modems based on a training process for each of the modems and a location of each of the modems within the network;
Merino teaches
determining optimal channel / modulations for each of the modems based on a training process for each of the modems and a location of each of the modems within the network ([0089] the wireless modems learn or otherwise are programmed with (1) their own identification number, (2) their relative location on the drill pipe 14 and the relative position of other wireless modems. The wireless modem 25Mi is provided with the network path optimization token which generally identifies the modem 25Mi as the testing modem);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, location of the modem, as taught by Merino. One would be motivated to do so for best end-to-end performance, reliability and security, while trying to minimize the routing of this traffic through the Internet.
Regarding claim 5, Markuze, Asati, and Merino teach the method of Claim 4, wherein Markuze further teaches the location of each of the modems within the network is at least partially determined manually ([0115] the identified routing path for each pair of data message endpoints is a routing path that is deemed optimal based on a set of optimization criteria, e.g., it is the fastest routing path, the shortest routing path).
Regarding claim 6, Markuze, Asati, and Merino teach the method of Claim 4, wherein Merino further teaches the location of each of the modems within the network is at least partially determined by a response or lack of response of each of the modems to a message from a cable modem termination system of the network, requesting a signal quality parameter per channel ([0095] modem 25Mi+1 can be transmission pair 3 (for example because the transmission pair 4 has a lower bit rate and pair 1 has a lower quality parameter) and that the optimal transmission pair between the modem 25Mi and modem 25Mi+2 can be transmission pair).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, determine a best connection as taught by Merino. One would be motivated to do so for best end-to-end performance, reliability and security, while trying to minimize the routing of this traffic through the Internet.
Regarding claim 19, Markuze and Asati teach the system of Claim 18, Markuze further teaches the first and second downstream components, wherein the first and second downstream components comprise cable modems, wherein the at least one processor is further operative to:
store the optimal channel / modulations for each of the modems in the second table ([0198] all the SaaS provider routes are installed in one route table or in one portion of the VRF namespace, while in other embodiments the routes for the different SaaS providers are stored in different route tables or different VRF namespace portions).
Markuze does not explicitly teach
facilitate determining optimal channel / modulations for each of the modems based on a training process for each of the modems and a location of each of the modems within the network;
Merino teaches
facilitate determining optimal channel / modulations for each of the modems based on a training process for each of the modems and a location of each of the modems within the network ([0089] the wireless modems learn or otherwise are programmed with (1) their own identification number, (2) their relative location on the drill pipe 14 and the relative position of other wireless modems. The wireless modem 25Mi is provided with the network path optimization token which generally identifies the modem 25Mi as the testing modem);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, location of the modem, as taught by Merino. One would be motivated to do so for best end-to-end performance, reliability and security, while trying to minimize the routing of this traffic through the Internet.
Regarding claim 20, Markuze, Asati, and Merino teach the system of Claim 19, Merino further teaches a cable modem termination system of the network, wherein the location of each of the modems within the network is at least partially determined by a response or lack of response of each of the modems to a message from the cable modem termination system of the network, requesting a signal quality parameter per channel ([0095] modem 25Mi+1 can be transmission pair 3 (for example because the transmission pair 4 has a lower bit rate and pair 1 has a lower quality parameter) and that the optimal transmission pair between the modem 25Mi+1 and modem 25Mi+2 can be transmission pair).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, determine a best connection, as taught by Merino. One would be motivated to do so for best end-to-end performance, reliability and security, while trying to minimize the routing of this traffic through the Internet.
Claims 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Markuze (US 20190268421 A1) in view of Asati (US 20090016458 A1) and further in view of Shiba (US 20200092368 A1).
Regarding claim 7, Markuze and Asati teach the method of Claim 3, wherein Markuze does not explicitly teach further teaches the steps of populating the first table and further populating the first table are carried out to maximize capacity of the cable network.
Shiba teaches
the steps of populating the first table and further populating the first table are carried out to maximize capacity of the cable network ([0268] the target node may record the free space and or maximum capacity onto the routing table).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, table indicating a maximum capacity, as taught by Shiba. One would be motivated to do so to allow the frame to reach the destination with the fastest communication path.
Regarding claim 21, Markuze, Asati, and Merino teach the system of Claim 18, Markuze does not explicitly teach wherein the populating of the first table and the further populating of the first table are carried out to maximize capacity of the cable network.
Shiba teaches
the populating of the first table and the further populating of the first table are carried out to maximize capacity of the cable network ([0268] the target node may record the free space and or maximum capacity onto the routing table).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, table indicating a maximum capacity, as taught by Shiba. One would be motivated to do so to allow the frame to reach the destination with the fastest communication path.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Markuze in view of Asati and further in view of Rakib (US 20130332978 A1)
Regarding claim 9, Markuze and Asati teach the method of Claim 3, Markuzedoes not explicitly teach progressively physically replacing amplifiers of the cable network with other amplifiers starting from a most upstream amplifier and working downstream to a most downstream amplifier towards a most downstream of the first and second downstream components.
Rakib teaches
progressively physically replacing amplifiers of the cable network with other amplifiers starting from a most upstream amplifier and working downstream to a most downstream amplifier towards a most downstream of the first and second downstream components ([0184] the active amplifiers have been replaced with the invention's Coax Domain Amplifier-Repeaters (CDAR), these CDAR act to decouple the RF connections between each different stretch of cable between the CDAR, thus in effect partitioning each stretch of cable into different domains).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Markuze disclosure, replacing amplifiers of the cable network with other amplifiers, as taught by Rakib. One would be motivated to do so to use existing scarce cable RF bandwidth more efficiently between the various Coax Domain Nodes, or between the Coax Domain Nodes and the local optical fiber node.
Allowable Subject Matter
Claims 8 and 22 are 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.
Regarding claims 8 and 22, the prior art does not teach or suggest
obtaining third data designated for a third downstream component of the cable network;
determining whether the third downstream component is capable of receiving the third data via a first channel of at least first, second, and third available channels for the third downstream component, wherein the first channel for the third downstream component has a modulation scheme capable of higher spectral efficiency than that of the second channel for the third downstream component and the second channel for the third downstream component has a modulation scheme capable of higher spectral efficiency than that of the third channel for the third downstream component;
responsive to determining that the third downstream component is capable of receiving the third data via the first channel for the third downstream component, checking whether the first channel for the third downstream component is available;
responsive to the checking reveling that the first channel for the third downstream component is not available, still further populating the first table to assign the second channel for the third downstream component to the third downstream component at a third specified time; and
wherein the operating of the cable network in accordance with the first table comprises operating the cable network in accordance with the still further populated first table.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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/ANH NGUYEN/Primary Examiner, Art Unit 2458
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