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Full text of "USPTO Patents Application 09750903"

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In the Drawings 

Formal drawings are submitted herewith. 




Claims 1 to 20 are cancelled and replaced by new claims 21 to 36. No fee is due, as 
four independent claims have already been paid. 

The new claims are presented in a manner believed to address all issues raised by 
the Examiner and to patentably distinguish the present invention over the prior art of 
record, namely Fodor et al (US6788646) and the Kelly publication. 

The present invention is directed to admission of traffic flows to a network resource 
such as a communications link in a communications network based on two separate 
prices determined for an aggregated traffic flow on that resource. The two prices are 
separately related to the mean bandwidth of the aggregated traffic flow and a 
bandwidth variance of said aggregated flow. These two prices are applied to 
respective mean bandwidth and variance measurements of a traffic flow to be 
admitted to the network resource as a means of controlling said admission. Thus, 
the present invention enables admission of the traffic flow to be controlled by two 
price determinations relating to the bandwidth and variance of the traffic flow to be 
admitted. This has the advantage that a user of a traffic flow that is bursty in nature, 
for example, can negotiate a service level agreement or the like offering large 
variance (which increases price) but accepting a lower mean bandwidth (which 
reduces price) thereby optimizing their quality of service regarding cost (summation 
of prices). This example would be particularly beneficial to users whose traffic flows 
are time sensitive but burtsy. For users whose traffic flows are not time sensitive 
and thus can be buffered without compromising quality of service, such users can 
arrange for a relatively large mean bandwidth guarantee but with a low variance 
which once again enables them to optimize their quality of service vis-a-vis cost/total 



While Fodor makes reference through figure 5 that adaptive elastic (traffic) flows 
have mean bandwidth and variance characteristics, it does not teach that the mean 
bandwidth and variance of an aggregated flow on a network resource should be 
measured, that these measurements are used to derive two separate price 
determinations and that the mean and variance of a traffic flow to be admitted to the 
network resource should be measured and the price determinations applied thereto. 
The graph of figure 5 of Fodor merely acknowledges the fact that any time varying 
traffic flow has mean bandwidth and variance characteristics. 

In any event, in Kelly, each user chooses a respective charge per unit time that such 
user is willing to pay to influence its bit rate allocation. Then the respective bit rate 
for that user is determined by the network according to some proportional fairness 
scheme. Consequently, users only have a single price mechanism comprising the 
amount they are willing to pay per unit time as a means of controlling admission of 
their traffic flows to the network. 

It can be seen therefore that the combination of Foder and Kelly does not teach or 
suggest all of the limitations of the independent claims submitted herewith nor is 
there anything in this combination of teachings that would lead a skilled person to 
propose two price determinations as a means of controlling admission of a traffic 
flow to a network resource. 

The present invention makes a useful contribution to the art in that it provides a 
means of managing the admissions of traffic flows to a network resource in 
accordance with two price determinations relating to the resource, wherein the price 
determinations can be separately applied to respective corresponding characteristics 
(measurements) of a traffic flow to be admitted to the resource. 



In view of the foregoing, it is submitted that the claims submitted herewith are in 
condition for allowance. 

December 27, 2004 

Respectfully submitted, 


William M. Lee, Jr. 
Registration No. 26,935 
Barnes & Thornburg LLP 
P.O. Box 2786 
Chicago, Illinois 60690-2786 
(312)759-5646 (fax) 

CHDS01 WLEE 251368vl