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
1. Claims 1 - 19, 21 are pending. Claim 20 has been canceled. Claims 1, 15, 18 are independent. File date on 3-11-2025.
Claim Rejections - 35 USC § 102
2. 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.
3. Claims 1-9, 11, 14-19, 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US PGPUB No. 20210168655).
Regarding Claims 1, 15, 18, Jung discloses a method of operating a network-reachable initiator computing entity, an apparatus and a computer program product, comprising:
a) determining a requirement, at the initiator computing entity, for offloading data processing; (Jung ¶ 016: receiving a list regarding splitting points at which the data is splittable from the server, determining, based on the list, at least one of the splitting points as an offloading point, transmitting, to the server, information about the offloading point and information about requirements for offloading data corresponding to the offloading point,; ¶ 018: information about the requirements may include at least one of quality of service (QoS) information, latency information, processing time information, or capacity information that needs to be satisfied when the offloading data is processed by the server.)
b) initiating a message, to be sent on a network to a destination, requesting a response from network-reachable recipient computing entities along the network, from the network-reachable initiator computing entity to the destination, indicating a capacity to perform offloaded data processing; (Jung ¶ 016: a method performed by a user equipment (UE) of offloading data is provided. The method includes determining a server for processing at least some of the data, receiving a list regarding splitting points at which the data is splittable from the server, determining, based on the list, at least one of the splitting points as an offloading point, transmitting, to the server, information about the offloading point and information about requirements for offloading data corresponding to the offloading point, receiving, from the server, a response as to whether the offloading data is capable of being processed, and determining whether the offloading data is to be processed, based on the response.) and
c) receiving a response from a first network-reachable recipient computing entity indicating a capacity to perform offloaded data processing. (Jung ¶ 018: receiving, from the server, a response as to whether the offloading data is capable of being processed, and determining whether the offloading data is to be processed, based on the response.)
Regarding Claims 2, 16, 19, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 1 and the apparatus according to claim 15 and the computer program product according to claim 18, wherein the capacity to perform offload data processing reflects a capability for performing offload data processing at the first network-reachable recipient computing entity. (Jung ¶ 018: receiving, from the server, a response as to whether the offloading data is capable of being processed, and determining whether the offloading data is to be processed, based on the response.; (determine whether server can process offload data))
Regarding Claims 3, 17, 21, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 1 and the apparatus according to claim15 and the computer program product according to claim 18, wherein the capacity to perform offload data processing reflects a capability for performing offload data processing at a second network-reachable recipient computing entity. (Jung ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 109: The UE 100 may determine to offload its data to the first server 110 at operation 5630. More particularly, the UE 100 may determine to offload the data to the first server 110 that is one of the first and second servers 110 and 120 based on the received first server information and second server information. For example, the UE 100 may determine to offload the data to the first server 110 by taking into account channel conditions, supportable quality of service (QoS), capacity information, or the like, for the first and second servers 110 and 120, which are respectively included in the first server information and the second server information.) (selecting server from a first server and a second server))
Regarding Claim 4, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 2, comprising: comparing the capability for performing offload data processing with the requirement; selecting a candidate network-reachable recipient computing entity based on the comparison; and dispatching the offloaded data processing to the selected candidate. (Jung ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 109: The UE 100 may determine to offload its data to the first server 110 at operation 5630. More particularly, the UE 100 may determine to offload the data to the first server 110 that is one of the first and second servers 110 and 120 based on the received first server information and second server information. For example, the UE 100 may determine to offload the data to the first server 110 by taking into account channel conditions, supportable quality of service (QoS), capacity information, or the like, for the first and second servers 110 and 120, which are respectively included in the first server information and the second server information.)
Regarding Claim 5, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 1, the method comprising: receiving a response from each of a plurality of network-reachable recipient computing entities, the plurality of network-reachable recipient computing entities including the first network- reachable recipient computing entity, each response indicating a capacity to perform offloaded data processing. (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.; ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 080: The UE 100 may determine a server for processing offloading data based on the received server information at operation 5320. The UE 100 may determine whether data is suitable for processing in the server 110 based on the server information.)
Regarding Claim 6, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 5, wherein the capacity to perform offload data processing reflects a capability for performing offload data processing at the network-reachable recipient computing entity from which a respective response was received. (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.; ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 080: The UE 100 may determine a server for processing offloading data based on the received server information at operation 5320. The UE 100 may determine whether data is suitable for processing in the server 110 based on the server information.)
Regarding Claim 7, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 5, wherein the capacity to perform offload data processing reflects a capability for performing offload data processing at a network-reachable recipient computing entity from which a respective response was not received. (Jung ¶ 166: When the server 110 determines that the offloading point and the requirements are acceptable, the server 110 may or may not transmit a response including an ACK at operation S1330. When the response is not received within a preset time period, the UE 100 may determine that an ACK has been received. In this case, the server 110 may perform an offloading procedure based on offloading data.; (as default, offloaded performed even when a response has not been received))
Regarding Claim 8, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 6, comprising:
a) comparing the capability for performing offload data processing of each of the network-reachable recipient computing entities with the requirement; b) selecting a candidate network-reachable recipient computing entity based on the comparison; (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.; ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 080: The UE 100 may determine a server for processing offloading data based on the received server information at operation 5320. The UE 100 may determine whether data is suitable for processing in the server 110 based on the server information.) and
c) dispatching the offloaded data processing to the selected candidate. (Jung ¶ 111: The UE 100 may transmit the data to the first server 110 at operation 5660.
Regarding Claim 9, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 4, in which the comparison comprises determining if the capability for performing offload data processing achieves a minima determined by the requirement. (Jung ¶ 138: when the server 110 is not able to satisfy the mandatory requirements, it may propose details of a change request for changing the mandatory requirements while returning a NACK. For example, the server 110 may return, along with a NACK, minimum and/or maximum requirement information that the server 110 itself is able to provide.; (Minimum capacity a server can provide processing offload data))
Regarding Claim 11, Jung discloses the method of operating a network-reachable initiator computing entity according to any preceding claim 1, wherein the message comprises details of required processing capability. (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.)
Regarding Claim 14, Jung discloses the method of operating a network-reachable recipient initiator computing entity according to claim 1, further comprising:
cooperating with a network-reachable recipient computing entity to:
a) request an indication from the network-reachable recipient computing entity of capacity to perform offloaded data processing; (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.) and
b) when the network-reachable recipient computing entity is determined to have capacity to perform offloaded data processing, receive a response to the received message, the response comprising an indication of capacity to perform offloaded data processing. (Jung ¶ 110: The UE 100 may transmit a server access request and UE information to the first server 110 at operation 5640. The first server 110 may then transmit an access grant to the UE 100 based on the received server request access and UE information at operation 5650. Accordingly, the UE 100 may be connected to the first server 110 via a network.; ¶ 111 The UE 100 may transmit the data to the first server 110 at operation 5660.)
Claim Rejections - 35 USC § 103
4. 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.
5. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Shrum, Jr et al. (US PGPUB No. 20050226162, referred to as “Shrum”).
Regarding Claim 10, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 1, wherein the message is an internet control message protocol message comprising an extension requesting an indication, from network-reachable recipient computing entities, of capacity to perform offloaded data processing. (Jung ¶ 079: the UE 100 may receive server information from the server 110 at operation 5310. The server information received from the server 110 may include computing capability information of the server 110, capacity information of the server 110, or information about a condition of a communication channel for the server 110.; ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 080: The UE 100 may determine a server for processing offloading data based on the received server information at operation 5320. The UE 100 may determine whether data is suitable for processing in the server 110 based on the server information.)
Jung does not explicitly disclose an internet control message protocol message.
However, Shrum discloses wherein the message is an internet control message protocol message. (Shrum ¶ 033: another protocol is the "Internet Control Message Protocol" (or "ICMP"), an extension to the Internet Protocol (IP), for supporting packets containing error, control, and informational messages; (ICMP messages))
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Jung for an internet control message protocol message as taught by Shrum. One of ordinary skill in the art would have been motivated to employ the teachings of Shrum for the benefits achieved from the flexibility of a system that utilizes multiple communication protocols such as ICMP messages for data processing. (Shrum ¶ 033)
6. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Jellinek et al. (US PGPUB No. 20120192191).
Regarding Claim 12, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 11, wherein the message comprises details of one or more of required storage capability and cost of data processing. (Jung ¶ 143: the capacity information may be information about a memory capacity (storage) required for processing offloading data. For example, the server 110 may determine whether a memory capacity available for processing offloading data is to satisfy the requirements of the UE 100.; (storage requirement))
Jung does not explicitly disclose cost of data processing.
However, Jellinek discloses wherein cost of data processing. (Jellinek ¶ 046: One way to select this offload processing system is to assign a relative value or `cost` for each resource--based on its scarcity, acquisition/ownership cost and sharing capability. The sum of `costs` by an offload processing system provides a relative measure of all the resources any one offload processing system contains versus others, and can be used to select the `minimum` cost processing system capable of meeting the resource requirements of a unit of work.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Jung for cost of data processing as taught by Jellinek. One of ordinary skill in the art would have been motivated to employ the teachings of Jellinek for the benefits achieved from the flexibility of a system that enables multiple parameters to be utilized such as costs associated with data processing in the determination of system components. (Jellinek ¶ 046)
7. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Humbard et al. (US PGPUB No. 20030210147).
Regarding Claim 13, Jung discloses the method of operating a network-reachable initiator computing entity according to claim 1, wherein a pool of candidate network-reachable recipient computing entities. (Jung ¶ 108: The UE 100 may receive first server information from a first server 110 at operation 5610. Furthermore, the UE 100 may receive second server information from a second server 120 at operation 5620.; ¶ 109: The UE 100 may determine to offload its data to the first server 110 at operation 5630. More particularly, the UE 100 may determine to offload the data to the first server 110 that is one of the first and second servers 110 and 120 based on the received first server information and second server information. For example, the UE 100 may determine to offload the data to the first server 110 by taking into account channel conditions, supportable quality of service (QoS), capacity information, or the like, for the first and second servers 110 and 120, which are respectively included in the first server information and the second server information.)
Jung does not explicitly disclose establishing a scenario boundary to delimit candidate network-reachable recipient computing entities for offloaded data processing.
However, Humbard discloses wherein comprising establishing a scenario boundary to delimit a pool of candidate network-reachable recipient computing entities for offloaded data processing. (Humbard ¶ 046: The subscription system 10 can accommodate such a scenario by using the satellite system (e.g., the GPS) to dynamically establish the boundary B. The subscription system 10 components can then be used to track the location of the user U within the boundary B of the area A, and to issue an alert should the user U go outside or beyond the boundary B.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Jung for establishing a scenario boundary to delimit a pool of candidate network-reachable recipient computing entities for offloaded data processing as taught by Humbard. One of ordinary skill in the art would have been motivated to employ the teachings of Humbard for the benefits achieved from the flexibility of a system utilizing a scenario boundary to limit the locations associated with system network components. (Humbard ¶ 046)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyung H Shin whose telephone number is (571)272-3920. The examiner can normally be reached M - F: 12pm - 8pm.
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/KYUNG H SHIN/ 6-13-2026Primary Examiner, Art Unit 2447
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