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 1-20 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11, 979, 767 in view of Fu et al, application no. 2012/0252442, hereinafter known was Fu. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover similar scope.
As to claims 1, 16 and 20, although the conflicting claims are not identical, they are not patentably distinct from each other because it would have been obvious to one having an ordinary skill in the art at the time of the invention to derive the invention as claimed in claim 1 of the instant application from claim 1, 6 and 8 parent patent no. 11,979,767. Parent patent does not expressly disclose however Fu discloses data transfer with the wherein a parameter that includes a second frequency (Fu, [0024-[0030], using a different frequency based on UE report of the metrics); the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold (Fu, [0024-[0030], measuring frequency and checking to see if it exceeds a threshold value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Parent Patent to include the limitations of the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold as taught by Fu. Interference in communications signals degrades the ability to receive and decipher the data necessitating mitigating steps.
As to Claims 2-15 and 17-19, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of 2-15 and 17-19 U.S. Patent No. 11, 979, 767 as mapped below.
Instant application
Parent Patent no.11,979,767
2. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
2. The method of claim 1, wherein the at least one metric comprises a measurable characteristic of data to be transferred via the data transfer.
3. The method of claim 2, wherein the measurable characteristic of the data comprises a size of the data.
3. The method of claim 2, wherein the measurable characteristic of the data comprises a size of the data.
4. The method of claim 2, wherein the measurable characteristic of the data comprises a resolution of the data.
4. The method of claim 2, wherein the measurable characteristic of the data comprises a resolution of the data.
5. The method of claim 2, wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data.
5. The method of claim 2, wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data.
6. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the data transfer.
6. The method of claim 1, wherein the at least one metric comprises a measurable characteristic of the first user endpoint device.
7. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a size of a display of the first user endpoint device.
7. The method of claim 6, wherein the measurable characteristic of the first user endpoint device comprises a size of a display of the first user endpoint device.
8. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a wireless frequency band supported by the first user endpoint device.
8. The method of claim 6, wherein the measurable characteristic of the first user endpoint device comprises a wireless frequency band supported by the first user endpoint device.
9. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a data rate plan associated with the first user endpoint device.
9. The method of claim 6, wherein the measurable characteristic of the first user endpoint device comprises a data rate plan associated with the first user endpoint device.
10. The method of claim 1, further comprising, prior to the initiating: temporarily adjusting, by the processing system, a default throughput for the data transfer in order to minimize a depletion of charge of the first user endpoint device.
10. The method of claim 1, further comprising, prior to the initiating: temporarily adjusting, by the processing system, the default throughput for the data transfer, based on the at least one metric associated with the data transfer, in order to minimize depletion of the charge of the first user endpoint device, wherein the throughput determined by the remote server comprises a further adjustment to the default throughput.
11. The method of claim 1, wherein the second frequency determined by the remote server is changed after a part of the data transfer is completed.
11. The method of claim 1, wherein the throughput determined by the remote server is decreased relative to the default throughput.
12. The method of claim 1, wherein the first user endpoint device is a mobile device.
12. The method of claim 1, wherein the first user endpoint device is a mobile device.
13. The method of claim 12, wherein the data transfer comprises a download by the first user endpoint device of a plurality of data packets.
13. The method of claim 12, wherein the data transfer comprises a download by the first user endpoint device of a plurality of data packets.
14. The method of claim 13, wherein the plurality of data packets comprises a video stream.
14. The method of claim 13, wherein the plurality of data packets comprises a video stream.
15. The method of claim 1, wherein the initiating further comprises determining a throughput by the remote server for the data transfer.
15. The method of claim 1, wherein the throughput determined by the remote server and the default throughput are different measures of an actual amount of data transferred between the first user endpoint device and the second device.
17. The non-transitory computer-readable medium of claim 16, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
17. The non-transitory computer-readable medium of claim 16, wherein the at least one metric comprises a measurable characteristic of data to be transferred via the data transfer.
18. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a size of the data.
18. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a size of the data.
19. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a resolution of the data.
19. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a resolution of the data.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,289,259 in view of Fu et al, application no. 2012/0252442, hereinafter known was Fu. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover similar scope.
As to claims 1, 16 and 20, although the conflicting claims are not identical, they are not patentably distinct from each other because it would have been obvious to one having an ordinary skill in the art at the time of the invention to derive the invention as claimed in claim 1 of the instant application from claims 1 and 8 parent patent no. 12,389,259. Parent patent does not expressly disclose however Fu discloses data transfer with the wherein a parameter that includes a second frequency (Fu, [0024-[0030], using a different frequency based on UE report of the metrics); the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold (Fu, [0024-[0030], measuring frequency and checking to see if it exceeds a threshold value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Parent Patent to include the limitations of the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold as taught by Fu. Interference in communications signals degrades the ability to receive and decipher the data necessitating mitigating steps.
As to Claims 2-15 and 17-19, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of 2-15 and 17-19 U.S. Patent No. 12,389,259 as mapped below.
Instant application
Parent Patent no.12,389,259
1. A method comprising: receiving, by a processing system including at least one processor, a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating, by the processing system, at least one metric associated with the first user endpoint device; sending, by the processing system, the at least one metric associated with the first user endpoint device to a remote server; and initiating, by the processing system, the data transfer with the second device in accordance with a second frequency determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold.
1. A method comprising: receiving, by a processing system including at least one processor, a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating, by the processing system, at least one metric associated with the first user endpoint device; sending, by the processing system, the at least one metric associated with the first user endpoint device to a remote server; and initiating, by the processing system, the data transfer with the second device in accordance with a throughput determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a current level of a charge of the first user endpoint device being below a threshold, and wherein the throughput determined by the remote server is greater than a default throughput allocated to the first user endpoint device in order to cause the data transfer to complete more quickly and wherein the throughput determined by the remote server is selected to deplete the charge of the first user endpoint device more slowly than the default throughput.
2. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
2. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
3. The method of claim 2, wherein the measurable characteristic of the data comprises a size of the data.
3. The method of claim 2, wherein the measurable characteristic of the data comprises a size of the data.
4. The method of claim 2, wherein the measurable characteristic of the data comprises a resolution of the data.
4. The method of claim 2, wherein the measurable characteristic of the data comprises a resolution of the data.
5. The method of claim 2, wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data.
5. The method of claim 2, wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data.
6. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the data transfer.
6. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the data transfer.
7. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a size of a display of the first user endpoint device.
7. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a size of a display of the first user endpoint device.
8. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a wireless frequency band supported by the first user endpoint device.
8. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a wireless frequency band supported by the first user endpoint device.
9. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a data rate plan associated with the first user endpoint device.
9. The method of claim 1, wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a data rate plan associated with the first user endpoint device.
10. The method of claim 1, further comprising, prior to the initiating: temporarily adjusting, by the processing system, a default throughput for the data transfer in order to minimize a depletion of charge of the first user endpoint device.
10. The method of claim 1, further comprising, prior to the initiating: temporarily adjusting, by the processing system, the default throughput for the data transfer, based on the at least one metric associated with the first user endpoint device, in order to minimize depletion of the charge of the first user endpoint device, wherein the throughput determined by the remote server comprises a further adjustment to the default throughput.
11. The method of claim 1, wherein the second frequency determined by the remote server is changed after a part of the data transfer is completed.
11. The method of claim 1, wherein the throughput determined by the remote server is decreased after a part of the data transfer is completed.
12. The method of claim 1, wherein the first user endpoint device is a mobile device.
12. The method of claim 1, wherein the first user endpoint device is a mobile device.
13. The method of claim 12, wherein the data transfer comprises a download by the first user endpoint device of a plurality of data packets.
13. The method of claim 12, wherein the data transfer comprises a download by the first user endpoint device of a plurality of data packets.
14. The method of claim 13, wherein the plurality of data packets comprises a video stream.
14. The method of claim 13, wherein the plurality of data packets comprises a video stream.
15. The method of claim 1, wherein the initiating further comprises determining a throughput by the remote server for the data transfer.
15. The method of claim 1, wherein the throughput determined by the remote server and the default throughput are different measures of an actual amount of data transferred between the first user endpoint device and the second device.
16. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor, cause the processing system to perform operations, the operations comprising: receiving a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating at least one metric associated with the first user endpoint device; sending the at least one metric associated with the first user endpoint device to a remote server; and initiating the data transfer with the second device in accordance with a second frequency determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold.
16. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor, cause the processing system to perform operations, the operations comprising: receiving a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating at least one metric associated with the first user endpoint device; sending the at least one metric associated with the first user endpoint device to a remote server; and initiating the data transfer with the second device in accordance with a throughput determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a current level of a charge of the first user endpoint device being below a threshold, and wherein the throughput determined by the remote server is greater than a default throughput allocated to the first user endpoint device in order to cause the data transfer to complete more quickly and wherein the throughput determined by the remote server is selected to deplete the charge of the first user endpoint device more slowly than the default throughput.
17. The non-transitory computer-readable medium of claim 16, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
17. The non-transitory computer-readable medium of claim 16, wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer.
18. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a size of the data.
18. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a size of the data.
19. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a resolution of the data.
19. The non-transitory computer-readable medium of claim 17, wherein the measurable characteristic of the data comprises a resolution of the data.
20. A device comprising: a processing system including at least one processor; and a non-transitory computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising: receiving a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating at least one metric associated with the first user endpoint device; sending the at least one metric associated with the first user endpoint device to a remote server; and initiating the data transfer with the second device in accordance with a second frequency determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold.
20. A device comprising: a processing system including at least one processor; and a non-transitory computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising: receiving a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network; estimating at least one metric associated with the first user endpoint device; sending the at least one metric associated with the first user endpoint device to a remote server; and initiating the data transfer with the second device in accordance with a throughput determined by the remote server in response to the at least one metric associated with the first user endpoint device, wherein the at least one metric comprises a current level of a charge of the first user endpoint device being below a threshold, and wherein the throughput determined by the remote server is greater than a default throughput allocated to the first user endpoint device in order to cause the data transfer to complete more quickly and wherein the throughput determined by the remote server is selected to deplete the charge of the first user endpoint device more slowly than the default throughput.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 6, 10-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Harrang et al, application no. 2011/0047287, hereinafter known as Harrang in view of Fu.
As to claim 1, Harrang discloses a method comprising: receiving, by a processing system including at least one processor, a first signal indicating that a user of a first user endpoint device wishes to engage in a data transfer with a second device over a communication network (Harrang, figure 1, Plural endpoints (user equipment) 108, 124-132, [0006] broadband communications to and from endpoints; [0046], SPD 200 as processing system which may further be a base station, router, gateway, etc.); estimating, by the processing system, at least one metric associated with the first user endpoint device (Harrang, figure 2, [0047], [0051]-[0053], processing system to determine communication metrics such as throughput, congestion or traffic for communications to and from user equipments; [0058], signal to interference ratio (SINR)); sending, by the processing system, the at least one metric associated with the first user endpoint device to a remote server (Harrang, [0122], [0068]-[0078], senders sends to receiver link quality and metric report; [0098], UE is sending control information to server). and initiating, by the processing system, the data transfer with the second device in accordance with a parameter determined by the remote server in response to the at least one metric associated with the first user endpoint device (Harrang, [0051]-[0055], [0060], [0098]-[0104]; plural examples of adjusting the communications of the user equipment with other user equipment based on determining network metrics such SINR, throughput, traffic and congestion). Harrang does not disclose however Fu discloses data transfer with the wherein a parameter that includes a second frequency (Fu, [0024-[0030], using a different frequency based on UE report of the metrics); the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold (Fu, [0024-[0030], measuring frequency and checking to see if it exceeds a threshold value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang to include the limitations of the at least one metric comprises a first frequency utilized by the first user endpoint device that is deemed to be experiencing an interference level greater than a threshold as taught by Fu. Interference in communications signals degrades the ability to receive and process the data in the signal necessitating mitigating steps.
As to claim 2, Harrang discloses wherein the at least one metric further comprises a measurable characteristic of data to be transferred via the data transfer (Harrang, [0051]-[0055], plural examples of adjusting the communications of the user equipment based on determining network metric such throughput, traffic, congestion).
As to claim 6, Harrang discloses wherein the at least one metric further comprises a measurable characteristic of the data transfer (Harrang, [0051]-[0055], plural examples of adjusting the communications of the user equipment based on determining network metric such throughput, traffic, congestion).
As to claim 10, Harrang discloses prior to the initiating: temporarily adjusting, by the processing system, a default throughput for the data transfer in order to minimize a depletion of charge of the first user endpoint device (Harrang, [0057], initial situation of endpoints operating in region with minimal issues, than transitioning into a situation with network congestion necessitating adjusting transfer rate or other communications metrics; [0011], [0056] determining communication policy of endpoint device based on battery level to minimize battery depletion).
As to claim 11, Harrang discloses wherein the second frequency determined by the remote server is changed after a part of the data transfer is completed (Harrang, [0051], throttling transfer rate of data for communication depending on communication metric).
As to claim 12, Harrang discloses, wherein the first user endpoint device is a mobile device (Harrang, figure 1, devices 108 and 126, figure 3 and [0049], mobile devices commonly referred to as endpoints in the art).
As to claim 13, Harrang discloses, wherein the data transfer comprises a download by the first user endpoint device of a plurality of data packets (Harrang, [0006], communication of large media file to user equipment (endpoints) that includes upload and download of data packets).
As to claim 14, Harrang discloses wherein the plurality of data packets comprises a video stream (Harrang, [0006]-[0008] sending large media content or file to user device typically comprising audio or video data in art).
As to claim 15, Harrang discloses wherein the initiating further comprises determining a throughput by the remote server for the data transfer (Harrang, [0007], [0053], throughput consideration, setting and adjustment for communication links, where throughput in the art is measure of the actual transfer of data known in the art).
As to claims 16 and 17, the claims are rejected as claims 1 and 2 respectively above by Harrang in view of Fu.
As to claim 20, the claim is rejected as applied to claim 1 above by Harrang in view of Fu.
claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of Broberg et al, application no. 2015/0036051, hereinafter known as Broberg.
As to claim 3 and 18, Harrang and Fu the method of claim 2. Harrang and Fu do not disclose however Broberg discloses wherein the measurable characteristic of the data comprises a size of the data (Broberg. [0039], measurable characteristic as the fame size of the data that is further used to make adjustment to communications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the measurable characteristic of the data comprises a size of the data as taught by Broberg. Use of larger frame sizes enable a better video quality rendition to the user where increasing throughput or bandwidth ensures that larger frame size can be used.
As to claim 18, the claim is rejected as applied to claim 3 above by Harrang in view of and further in view of Broberg.
Claims 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of Hafez, Ahmed, application no. 2016/0315867, hereinafter known as Hafez.
As to claim 4, Harrang and Fu the method of claim 2. Harrang and Fu do not disclose however Hafez discloses wherein the measurable characteristic of the data comprises a resolution of the data (Hafez, [0058], 0039], measurable characteristic as the resolution of the data that is further used to make adjustment to communications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the measurable characteristic of the data comprises a resolution of the data as taught by Hafez. Use of higher resolution enables a better video quality that necessitates an increased throughput or bandwidth be used.
As to claim 19, the claim is rejected as applied to claim 4 above by Harrang in view of and further in view of Hafez.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of O’Conner, Neil, application no. 2004/0002339, hereinafter known as O’Conner.
As to claim 5, Harrang and Fu the method of claim 2. Harrang and Fu do not disclose however O’Conner discloses wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data (O’Conner, [0053], Codec as a measurable characteristic that determines quality of a communication and further determines amount of bandwidth allocated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the measurable characteristic of the data comprises a codec to be used to compress or decompress the data as taught by O’Conner. A higher quality codec is used for higher quality communication when throughput or bandwidth can be increased.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of Fujii et al, application no. 2017/0251274, hereinafter known as Fujii.
As to claim 7, Harrang and Fu disclose the method of claim 1. Harrang and Fu do not disclose however Fujii discloses wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a size of a display of the first user endpoint device (Fujii, Figure 8, measurable characteristic being display of a device with associated bit rate for communication in the network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a size of a display of the first user endpoint device as taught by Fujii. Large display sizes enable higher resolution and bigger area to render video and images providing better user experience.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of Kato et al, application no. 2020/0092882, hereinafter known as Kato.
As to claim 8, Harrang and Fu disclose the method of claim 1. Harrang and Fu do not disclose however Kato discloses wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a wireless frequency band supported by the first user endpoint device (Kato, [0012]-[0013], Frequency band of endpoint used to determine bandwidth allocated to the endpoint).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a wireless frequency band supported by the first user endpoint device as taught by Kato. Endpoints are capable of supporting varying frequency bands with associated speed, latency and other metrics. Frequency bands are used as a characteristic to determine communications that are allocated to endpoint so an endpoint will get the optimal resources according to its communication ability.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Harrang in view of Fu and further in view of Esserman et al, application no. 2022/0182813, hereinafter known as Esserman.
As to claim 9, Harrang and Fu disclose the method of claim 1. Harrang and Fu do not disclose however Esserman discloses wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a data rate plan associated with the first user endpoint device (Esserman, Figure 2, [0027], [0028], [0047], rate plan as characteristic for provisions resources for communication in a network for device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harrang and Fu to include the limitations of wherein the at least one metric further comprises a measurable characteristic of the first user endpoint device that comprises a data rate plan associated with the first user endpoint device as taught by Esserman. Date rate plan determining communication resources being provisioned to a device and user ensures resources are available to all users and not consumed a few heavy users.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 571-272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GAUTAM SHARMA/ Examiner, Art Unit 2467
/HASSAN A PHILLIPS/ Supervisory Patent Examiner, Art Unit 2467
Prosecution Insights