Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This office action is in response to the filing of Patent Application 19047860 on 2/7/2025.
Claim Rejections - 35 USC § 101
1. 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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 18 is/are drawn to method (i.e., a process), claim(s) 1, 15 is/are drawn to a system (i.e., a machine/manufacture. As such, claims 1, 15, 18 is/are drawn to one of the statutory categories of invention.
Claims 1-20 are directed to transmitting data. Specifically, the claims recite receiving a first constant bit rate (CBR) service;generating, based on the first CBR service, a first block sequence carrying the first CBR service, wherein the first block sequence consists of a first start block, M first data blocks, and a first termination block, the first block sequence comprises first indication information and a first padding area, the first indication information indicates that no service data is padded in the first padding area, the first CBR service is not padded in the first padding area, and a length of the first padding area is less than a length of a first data block, wherein M is a positive integer, which is grouped within the Mathematical Concepts and is similar to the concept of (mathematical relationships OR mathematical formulas or equations OR mathematical calculations) OR Methods Of Organizing Human Activity and is similar to the concept of (fundamental economic principles or practices including hedging insurance, mitigating risk) OR (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) OR (managing personal behavior or relationships or interactions between people including social activities teaching, and following rules or instructions) OR Mental Processes and is similar to the concept of (concepts performed in the human mind (including an observation, evaluation, judgement, opinion) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as apparatus, and a processor merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the apparatus, and a processor perform(s) the steps or functions of obtaining the first CBR service based on the first block sequence/sending the first block sequence to a second communication apparatus. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a apparatus, and a processor to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of transmitting data. As discussed above, taking the claim elements separately, the apparatus, and a processor perform(s) the steps or functions of sending the first block sequence to a second communication apparatus/ obtaining the first CBR service based on the first block sequence. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of transmitting data. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Dependent claims 2-14, 16,17,19, 20 further describe the abstract idea of transmitting data. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, the dependent claims are also not patent eligible.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (U.S. Patent App Pub 20200195760).
Regarding claim 1,
Wang teaches a first communication apparatus, wherein the first communication apparatus comprises: a memory configured to store instructions; and a processor coupled to the memory and configured to execute the instructions to cause the first communication apparatus to perform operations including: receiving a first constant bit rate (CBR) service; (See paragraphs 3, 69-71, fig 4, Wang teaches CBR)
generating, based on the first CBR service, a first block sequence carrying the first CBR service, wherein the first block sequence consists of a first start block, M first data blocks, and a first termination block, the first block sequence comprises first indication information and a first padding area, the first indication information indicates that no service data is padded in the first padding area, the first CBR service is not padded in the first padding area, (See paragraphs 3, 69-71, fig 4, Wang teaches the padding area) and a length of the first padding area is less than a length of a first data block, wherein M is a positive integer; and (See paragraphs 3, 110-114, fig 4, Wang teaches the padding area)
sending the first block sequence to a second communication apparatus. (See paragraphs 3, 62-64, fig 1, Wang teaches sending the data)
Regarding claim 2,
Wang teaches the first communication apparatus according to claim 1, wherein the operations further comprise: receiving a second CBR service; generating, based on the second CBR service, a second block sequence carrying the second CBR service, wherein the second block sequence consists of a second start block, M second data blocks, and a second termination block, the second block sequence comprises second indication information and a second padding area, the second indication information indicates that service data is padded in the second padding area, the second CBR service is padded in the second padding area, and a length of the second padding area is less than a length of a second data block; and sending the second block sequence to the second communication apparatus. .(See paragraphs 116, 124, fig 3a, Wang)
Regarding claim 3,
Wang teaches the first communication apparatus according to claim 1, wherein the generating, based on the first CBR service, a first block sequence carrying the first CBR service comprises: obtaining a first container, wherein the first container comprises first data extracted from the first CBR service, the first indication information, and the first padding area; and encoding the first container to obtain the first block sequence. .(See paragraphs 65-66, fig 3a, Wang)
Regarding claim 4,
Wang teaches the first communication apparatus according to claim 3, wherein the first container comprises a container overhead and a container payload, the container payload comprises the first padding area and the first data, and the container overhead comprises the first indication information.(See paragraphs 70-71, Wang)
Regarding claim 5,
Wang teaches the first communication apparatus according to claim 3, wherein the first container comprises a container overhead and a container payload, the container overhead comprises the first indication information and the first padding area, and the container payload comprises the first data. .(See paragraphs 73-74, Wang)
Regarding claim 6,
Wang teaches the first communication apparatus according to claim 4, wherein the first container further comprises a fixed padding area, a fixed pattern is padded in the fixed padding area, and the fixed padding area does not carry service data. .(See paragraphs 63-64, Wang)
Regarding claim 7,
Wang teaches the first communication apparatus according to claim 3, wherein the M first data blocks carry the first container, and the first start block and the first termination block do not carry the first container. .(See paragraphs 70-71, 124 Wang)
Regarding claim 8,
Wang teaches the first communication apparatus according to claim 3, wherein the M first data blocks and the first termination block carry the first container, and the first start block does not carry the first container. .(See paragraphs 115-116, fig 3a, Wang)
Regarding claim 9,
Wang teaches the first communication apparatus according to claim 1, wherein the first communication apparatus communicates with the second communication apparatus by using a fine-granularity technology. .(See paragraphs 65-66, abstract, Wang)
Regarding claim 10,
Wang teaches the first communication apparatus according to claim 9, wherein the first block sequence belongs to a first flexible Ethernet (FlexE) sub-client, wherein the sending the first block sequence to a second communication apparatus comprises: mapping the first FlexE sub-client to at least one sub-slot that is in a fine-granularity basic unit fgBU and that is allocated to the first FlexE sub-client. .(See paragraphs 70, 66, fig 3a, Wang)
Regarding claim 11,
Wang teaches the first communication apparatus according to claim 9, wherein the first block sequence belongs to a first metro transport network fine-granularity path (MTN fg-path), wherein the sending the first block sequence to a second communication apparatus comprises: mapping the first MTN fg-path to at least one sub-slot that is in an MTN fgBU and that is allocated to the first MTN fg-path. .(See paragraphs 70, 66, fig 3a, Wang)
Regarding claim 12,
Wang teaches the first communication apparatus according to claim 1, wherein before the generating, based on the first CBR service, a first block sequence carrying the first CBR service, the operations further comprise: receiving a third CBR service; and the generating, based on the first CBR service, a first block sequence carrying the first CBR service comprises: generating, based on the first CBR service and the third CBR service, the first block sequence carrying the first CBR service and the third CBR service, wherein the first block sequence further comprises third indication information and a third padding area, the third indication information indicates that no service data is carried in the third padding area, the service data is not padded in the third padding area, and a sum of lengths of the third padding area and the first padding area is less than the length of the first data block. .(See paragraphs 110-112, Wang)
Regarding claim 13,
Wang teaches the first communication apparatus according to claim 1, wherein before the generating, based on the first CBR service, a first block sequence carrying the first CBR service, the operations further comprise: receiving a fourth CBR service; and the generating, based on the first CBR service, a first block sequence carrying the first CBR service comprises: generating, based on the first CBR service and the fourth CBR service, the first block sequence carrying the first CBR service and the fourth CBR service, wherein the first block sequence further comprises fourth indication information and a fourth padding area, the fourth indication information indicates that service data is padded in the fourth padding area, the fourth CBR service is padded in the fourth padding area, and a sum of lengths of the fourth padding area and the first padding area is less than the length of the first data block. .(See paragraphs 117-119, Wang)
Regarding claim 14,
Wang teaches the first communication apparatus according to claim 2, wherein before the generating, based on the second CBR service, a second block sequence carrying the second CBR service, the operations further comprise: receiving a fifth CBR service; and the generating, based on the second CBR service, a second block sequence carrying the second CBR service comprises: generating, based on the second CBR service and the fifth CBR service, the second block sequence carrying the second CBR service and the fifth CBR service, wherein the second block sequence further comprises fifth indication information and a fifth padding area, the fifth indication information indicates that service data is padded in the fifth padding area, the fifth CBR service is padded in the fifth padding area, and a sum of lengths of the fifth padding area and the second padding area is less than the length of the second data block. .(See paragraphs 123-124, Wang)
Regarding claim 15,
Wang teaches a second communication apparatus, wherein the second communication apparatus comprises: a memory configured to store instructions; and a processor coupled to the memory and configured to execute the instructions to cause the second communication apparatus to perform operations including: (See paragraphs 3, 69-71, fig 4, Wang teaches CBR)
receiving a first block sequence that is sent by a first communication apparatus and that carries a first CBR service, wherein the first block sequence consists of a first start block, M first data blocks, and a first termination block, the first block sequence comprises first indication information and a first padding area, the first indication information indicates that no service data is padded in the first padding area, the first CBR service is not padded in the first padding area, (See paragraphs 3, 69-71, fig 4, Wang teaches the padding area) and a length of the first padding area is less than a length of the first data block, wherein M is a positive integer; and (See paragraphs 3, 110-114, fig 4, Wang teaches the padding area)
obtaining the first CBR service based on the first block sequence. (See paragraphs 3, 62-64, fig 1, Wang teaches sending the data)
Regarding claim 16
Wang teaches the second communication apparatus according to claim 15, wherein the operations further comprise: receiving a second block sequence that is sent by the first communication apparatus and that carries a second CBR service, wherein the second block sequence consists of a second start block, M second data blocks, and a second termination block, the second block sequence comprises second indication information and a second padding area, the second indication information indicates that service data is padded in the second padding area, the second CBR service is padded in the second padding area, and a length of the second padding area is less than a length of the second data block; and obtaining the second CBR service based on the second block sequence. .(See paragraphs 115-116, fig 3a, Wang)
Regarding claim 17
Wang teaches the second communication apparatus according to claim 15, wherein the obtaining the first CBR service based on the first block sequence comprises: decoding the first block sequence, to obtain a first container, wherein the first container comprises first data extracted from the first CBR service, the first indication information, and the first padding area; and obtaining the first CBR service from the first container. .(See paragraphs 74-76, fig 1, Wang)
Regarding claim 18,
Wang teaches a communication method, wherein the method comprises: receiving, by a first communication apparatus, a first constant bit rate (CBR) service; (See paragraphs 3, 69-71, fig 4, Wang teaches CBR)
generating, by the first communication apparatus based on the first CBR service, a first block sequence carrying the first CBR service, wherein the first block sequence consists of a first start block, M first data blocks, and a first termination block, the first block sequence comprises first indication information and a first padding area, the first indication information indicates that no service data is padded in the first padding area, the first CBR service is not padded in the first padding area, (See paragraphs 3, 69-71, fig 4, Wang teaches the padding area and a length of the first padding area is less than a length of a first data block, wherein M is a positive integer; and (See paragraphs 3, 110-114, fig 4, Wang teaches the padding area)
sending, by the first communication apparatus, the first block sequence to a second communication apparatus. (See paragraphs 3, 62-64, fig 1, Wang teaches sending the data)
Regarding claim 19,
Wang teaches the method according to claim 18, wherein the method further comprises: receiving, by the first communication apparatus, a second CBR service; generating, by the first communication apparatus based on the second CBR service, a second block sequence carrying the second CBR service, wherein the second block sequence consists of a second start block, M second data blocks, and a second termination block, the second block sequence comprises second indication information and a second padding area, the second indication information indicates that service data is padded in the second padding area, the second CBR service is padded in the second padding area, and a length of the second padding area is less than a length of a second data block; and sending, by the first communication apparatus, the second block sequence to the second communication apparatus. (See paragraphs 3, 62-64, fig 1, Wang )
Regarding claim 20,
Wang teaches the method according to claim 18, wherein the generating, by the first communication apparatus based on the first CBR service, a first block sequence carrying the first CBR service comprises: obtaining, by the first communication apparatus, a first container, wherein the first container comprises first data extracted from the first CBR service, the first indication information, and the first padding area; and encoding, by the first communication apparatus, the first container to obtain the first block sequence. .(See paragraphs 115-116, fig 3a, Wang)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and located in the PTO-892 form.
1.Chhaya, U.S. Patent 8306031, teaches a method of performing wireless communications. The method receives at a receiving unit a sequence of data blocks from a transmitting unit. The method also identifies at the receiving unit a first number of invalid sequential data blocks in the sequence and a second number of valid sequential data blocks in the sequence. The method also communicates from the receiving unit a wireless message to the transmitting unit. The wireless message comprises a first field that specifies the first number and a second field that specifies the second number--the encoding of the first field is operable to specify a different maximum than an encoding of the second field.
2. Chae, U.S. Patent App 20100174961, teaches an apparatus is capable of allocating an ACK/NACK channel in a wireless communication system. The apparatus performs a method for allocating the ACK/NACK channel at a base station that includes generating ACK/NACK channel allocation information of a packet transmitted to a terminal; inserting the ACK/NACK channel allocation information into the packet using a padding area indicative of a size difference of data carried by the packet and an Automatic Repeat Request (ARQ) block; and transmitting the packet comprising the inserted ACK/NACK channel allocation information to a terminal to service.
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/NINOS DONABED/Primary Examiner, Art Unit 2444
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