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 .
Claims 1-8 have been presented for examination and are rejected.
Election/Restrictions
Applicant election of Group I claims 1-7, in the reply filed on 09/01/2026 is acknowledged. Because Applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). Group II, claims 8-12 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/02/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-7 of U.S. Patent No. US12301692 hereinafter ‘692. Although the claims at issue are not identical, they are not patentably distinct from each other because all elements of instant application is anticipated claims 1 of the patent ‘692.
The Instant application 19/182,172
Patent No. US12/301,692
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising at least one data packet;
comparing, at a network device, a sequence identifier obtained from the at least one data packet to a storage array; and
forwarding the received data packet to a computing device.
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising at least one data packet;
comparing, at a network device, a sequence identifier obtained from the at least one data packet to a storage array comprising sequence identifiers of data packets received at the network device; and
forwarding, prior to storing the received data packet in a buffer maintained by the network device and based on the sequence identifier of the received data packet missing from the storage array, the received data packet to a computing device.
Claim 2. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 2. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 3. The method of claim 2, wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and
inserting, based on the identified location, the received data packet in the buffer.
Claim 3. The method of claim 2, wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and
inserting, based on the identified location, the received data packet in the buffer.
Claim 4. The method of claim 1 further comprising:
receiving, at the network device and from a receiving device, a request for the content stream; and
transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of an ordered sequence of data packets including the at least one data packet.
Claim 4. The method of claim 1 further comprising: receiving, at the network device and from a receiving device, a request for the content stream; and transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of an ordered sequence of data packets including the at least one data packet.
Claim 5. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 5. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 6. The method of claim 1, further comprising:
receiving, from a second source device, a second portion of the content stream; and
if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 6. The method of claim 1, further comprising: receiving, from a second source device, a second portion of the content stream; and
if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 7. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet.
Claim 7. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of U.S. Patent No. US 11909844 hereinafter ‘844. Although the claims at issue are not identical, they are not patentably distinct from each other because all elements of instant application is anticipated claims 1 of the patent ‘844.
The Instant application 19/182,172
Patent No. US 11909844
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising at least one data packet;
comparing, at a network device, a sequence identifier obtained from the at least one data packet to a storage array; and
forwarding the received data packet to a computing device.
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising an ordered sequence of data packets;
comparing, at a network device, a sequence identifier obtained from a received data packet of the ordered sequence of data packets to a storage array comprising sequence identifiers of data packets received at the network device; and
forwarding, prior to storing the received data packet in a buffer maintained by the network device and based on the sequence identifier of the received data packet missing from the storage array, the received data packet to a computing device.
Claim 2. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 2. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 3. The method of claim 2, wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and
inserting, based on the identified location, the received data packet in the buffer.
Claim 3. The method of claim 2, wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within the order of the sequence of data packets; and inserting, based on the identified location, the received data packet in the buffer.
Claim 4. The method of claim 1 further comprising:
receiving, at the network device and from a receiving device, a request for the content stream; and
transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of an ordered sequence of data packets including the at least one data packet.
Claim 4. The method of claim 1 further comprising: receiving, at the network device and from a receiving device, a request for the content stream; and transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of the ordered sequence of data packets.
Claim 5. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 5. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 6. The method of claim 1 further comprising:
receiving, from a second source device, a second portion of the content stream; and
if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 6. The method of claim 1 further comprising: receiving, from a second source device, a second portion of the content stream; and if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 7. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet.
Claim 7. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the ordered sequence of data packets.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. US 11616858 hereinafter ‘858. Although the claims at issue are not identical, they are not patentably distinct from each other because all elements of instant application is anticipated claims 1 of the patent ‘858.
The Instant application 19/182,172
Patent No. US 11616858
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising at least one data packet;
comparing, at a network device, a sequence identifier obtained from the at least one data packet to a storage array; and
forwarding the received data packet to a computing device.
Claim 1. A method for processing data packets of a content stream, the method comprising:
receiving, from a source device, a portion of a content stream comprising an ordered sequence of data packets;
comparing, at a network device, a sequence identifier obtained from a received data packet of the ordered sequence of data packets to a storage array comprising sequence identifiers of data packets received at the network device;
forwarding, prior to storing the received data packet in a buffer maintained by the network device and based on the sequence identifier of the received data packet missing from the storage array, the received data packet to a computing device; and
discarding, based on a sequence identifier of a second received data packet of the sequence of data packets included in the storage array, the second received data packet, wherein the sequence identifier of the second received data packet is different from the sequence identifier from the received data packet.
Claim 2. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 3. The method of claim 1 further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device.
Claim 3. The method of claim 2, wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and
inserting, based on the identified location, the received data packet in the buffer.
Claim 4. The method of claim 2, wherein storing the received data packet comprises: identifying, based on the sequence identifier of the received data packet, a location within the order of the sequence of data packets; and
inserting, based on the identified location, the received data packet in the buffer.
Claim 4. The method of claim 1 further comprising:
receiving, at the network device and from a receiving device, a request for the content stream; and
transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of an ordered sequence of data packets including the at least one data packet.
Claim 5. The method of claim 1 further comprising: receiving, at the network device and from a receiving device, a request for the content stream; and transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of the ordered sequence of data packets.
Claim 5. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 6. The method of claim 4, wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
Claim 6. The method of claim 1 further comprising:
receiving, from a second source device, a second portion of the content stream; and
if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 7. The method of claim 1 further comprising: receiving, from a second source device, a second portion of the content stream; and if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array, forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer.
Claim 7. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet.
Claim 8. The method of claim 6 wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the ordered sequence of data packets.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
With respect to claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “a content stream comprising at least one data packet” is indefinite for failing to point out and distinctly claim the invention due to a lack of antecedent basis. For examining purpose, it has been interpreted “the content stream comprising at least one data packet “.
Claim 2 recites the limitation “the buffer” is indefinite for failing to point out and distinctly claim the invention due to a lack of antecedent basis. For examining purpose, it has been interpreted “a buffer “.
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 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 of this title, 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 1-2, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hayton et al. (US 20130198313 hereinafter Hayton) in view Rangne et al. (US 20140347981 hereinafter Rangne).
With respect to claim 1, Rangne a method for processing data packets of a content stream (Rangne, see paragraph [0006] each packet of a data stream to be transferred with a respective identifier), the method comprising:
receiving, from a device, a portion of a content stream comprising at least one data packet (Rangne, see paragraph [0009] the method, the step of reconstructing at least a portion of the data stream comprises selecting for writing to each indexed position of the buffer only one received packet with a specific identifier);
comparing, at a network device, a sequence identifier obtained from the at least one data packet to a storage array (Rangne, see paragraph [0011] each received packet, determining based on the identifier (i.e., comparing sequence identifier) of the received packet a corresponding buffer index, checking based on the determined buffer index if data has been written to the corresponding buffer index position. Paragraph [0030] further discloses the identifier may be a sequence number selected within a predetermined interval); and
forwarding the received data packet to a computing device (Rangne, see paragraph [0003] forward can be performed on basis of identifiers included in the respective packets of a data stream. Paragraph [0006] at the receiving node, selectively receiving and buffering packets from the at least two links for subsequent forwarding of the data stream. The identifier corresponds to a relative position of a packet in the data stream).
Rangne yet fails to explicitly disclose a source device.
However, Hayton discloses a source device (Hayton, see paragraph [0025] after forwarding the request to the origin server (i.e., equivalent to source device), validation program 120 subsequently receives the resource from the origin server (step 208)).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teaching of Rangne with the teaching of Hayton to provide a method for receiving a content stream (streaming) directly from a source device offers the primary advantages of instant playback without waiting for full file downloads, efficient storage management, and adaptive quality based on your network.
With respect to claim 2, Rangne-Hayton the method, further comprising storing the received data packet in the buffer maintained by the network device after forwarding the received data packet to the computing device (Rangne, see paragraph [0003] Identical data packets, each to which a data identifier for identifying data contents has been added, are transferred from a transmitting node to a receiving node over both communication lines. At reception, data transferred over the first and the second link is temporarily stored in a respective buffer).
With respect to claim 4, Rangne-Hayton the method, further comprising: receiving, at the network device and from a receiving device, a request for the content stream (Rangne, see paragraph [0009] the method, the step of reconstructing at least a portion of the data stream comprises selecting for writing to each indexed position of the buffer only one received packet with a specific identifier); and
transmitting, to the receiving device, a portion of the buffer, the portion comprising a plurality of data packets of an ordered sequence of data packets including the at least one data packet (Rangne, see paragraph [0003] forward can be performed on basis of identifiers included in the respective packets of a data stream. Paragraph [0006] at the receiving node, selectively receiving and buffering packets from the at least two links for subsequent forwarding of the data stream. The identifier corresponds to a relative position of a packet in the data stream).
With respect to claim 6, Rangne-Hayton the method, further comprising:
receiving, from a second source device, a second portion of the content stream (Rangne, see paragraphs [0029-0030] a second node N1 which are interconnected via two parallel links, A and B. Each node comprises means for receiving, processing and transmitting a data stream… the second node N1 contains a sequence of packages. Each package of the data stream 11 is in the first node N0, provided with an identifier corresponding to a relative position of the package in the data stream 11. The identifier may be a sequence number selected within a predetermined interval); and
if a sequence identifier associated with a data packet of the second portion of the content stream is missing from the storage array (Rangne, see FIGs. 1, 2 and paragraphs [0003-0005] data to forward can be performed on basis of identifiers included in the respective packets of a data stream. Parag. [0032] further discloses the packets of the data stream in the transmitting node, each packet has identifier i.e., equivalent to the packet sequence number),
forwarding the data packet of the second portion to the computing device prior to storing the data packet of the second portion in the buffer (Rangne, see paragraph [0003] forward can be performed on basis of identifiers included in the respective packets of a data stream. Paragraph [0006] at the receiving node, selectively receiving and buffering packets from the at least two links for subsequent forwarding of the data stream. The identifier corresponds to a relative position of a packet in the data stream).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hayton et al. (US 20130198313 hereinafter Hayton) in view Rangne et al. (US 20140347981 hereinafter Rangne) further in view of Song et al. (US 20130265876 hereinafter Song).
With respect to claim 3, Rangne-Hayton the method, yet fails to explicitly disclose wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and inserting, based on the identified location, the received data packet in the buffer.
However, Song discloses wherein storing the received data packet comprises:
identifying, based on the sequence identifier of the received data packet, a location within an order of a sequence of data packets; and inserting, based on the identified location, the received data packet in the buffer (Song, see paragraph [0057] each reordering buffer 231 is implemented as a ring structure, and the ring structure has W slots corresponding to a maximum number of packets, wherein W corresponds to a window size that is used by the VDQs 221. In the ring structure, writing can be performed with respect to all the slots, whereas reading can be performed only with respect to the head of the ring. The reordering buffer 231 maintains a pointer n.sub.d indicating a sequence ID located at the head of the ring structure, that is, a pointer n.sub.d of an expected in-order packet. If a new packet is received by the recording buffer 231, the packet is inserted into the corresponding slot of the ring based on the sequence ID of the packet).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teaching of Rangne-Hayton with the teaching of Song to provide a method for the process identifies an incoming packet's sequence number to correctly place it into a jitter or reassembly buffer, ensuring in-order delivery. This buffering technique allows delayed packets to be properly ordered, prevents data corruption, and permits the specific retransmission of missing fragments without requiring a complete stream resend.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hayton et al. (US 20130198313 hereinafter Hayton) in view Rangne et al. (US 20140347981 hereinafter Rangne) further in view of Kim et al. (US 20210051116 hereinafter Kim).
With respect to claim 5, Rangne-Hayton the method, yet fails to explicitly disclose wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device.
However, Kim discloses wherein a size of the portion of the buffer is based on a bandwidth of a connection between the network device and the second receiving device (Kim, see paragraph [0082] In response to FCP grant messages received in response to the FCP request messages, source agent block 180 instructs packet buffer 174 to send FCP data packets based on the amount of bandwidth allocated by the FCP grant messages…packet spraying, packet fetching from memory 178, packet segmentation based on programmed MTU size, packet encapsulation, packet encryption, and packet parsing to create a PRV).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teaching of Rangne-Hayton with the teaching of Kim to provide a method involves sizing a connection's buffer based on its bandwidth allows the network to maximize throughput and prevent the transmission link from going idle without causing excessive latency from holding too much data.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hayton et al. (US 20130198313 hereinafter Hayton) in view Rangne et al. (US 20140347981 hereinafter Rangne) further in view of Eguchi et al. (US 20140006478 hereinafter Eguchi).
With respect to claim 7, Rangne-Hayton the method, yet fails to explicitly disclose wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet.
However, Eguchi discloses wherein the sequence identifier of the data packet of the second portion is less than the sequence identifier obtained from the received data packet of the at least one data packet (Eguchi, see paragraph [0010] receiving the index can include receiving portions of the index after receiving the index. In some implementations, the predetermined number of failed requests can be two… requesting the potentially missing fragments can include requesting a fragment based on an expected time value, where the fragment can have an associated fragment identifier. In some implementations, the method can further include the actions of requesting the fragment based on (i) incrementally smaller fragment identifiers (i.e., equivalent to portion is less than the sequence identifier).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teaching of Rangne-Hayton with the teaching of Eguchi to provide a method involves a sequence identifiers with smaller values, because this is an inherent property of a set of sequence identifiers (i.e., some are larger or smaller than others) and the ascending or descending nature is a matter of design or packet reception, which may require reordering. And as such, allows a receiving device to order the received packets and processing them in order.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
PG. Pub. US 20170078436 A1 Wireless communication device i.e. access point, has controller instructing storage controller to read out information specified by response instruction from storage to transmit information by storage controller to communication terminal.
PG. Pub. US 20200044880 Multicast system for multicasting data using information handling system used for financial transaction processing, has source device that transmits data stream as unicast communication directed through networking device to server subsystem.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH KASSA whose telephone number is (571)270-0567. The examiner can normally be reached Monday -Friday 9 AM -6 PM.
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09/01/2026
/ELIZABETH KASSA/Examiner, Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
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