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United States Patent and Trademark Office 



UNITED STATES DEPARTMfiNTOF COMMERCE 
United States Patent and Trademark Office 
Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Virginia 22313-1450 
www.uspto.gov 


APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


09/750,903 


12/28/2000 


23644 7590 10/17/2006 

BARNES & THORNBURG LLP 
P.O. BOX 2786 
CHICAGO, IL 60690-2786 


Paul Kirkby 


476-1981 


2728 


EXAMINER 


NGUYEN, HA1 V 


ART UNIT 


PAPER NUMBER 


2142 

DATE MAILED: 10/17/2006 


Please find below and/or attached an Office communication concerning this application or proceeding. 


PTO-90C (Rev. 10/03) 


KJTTICG MCUOn Ot/frI/7/aly 

Application No. 

09/750,903 

Applicant(s) 

KIRKBY ET AL. 

Examiner 

Hai V. Nguyen 

Art Unit 

2142 



- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -■ 


Period for Reply 

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 03 MONTH(S) OR THIRTY (30) DAYS, 

WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1.704(b). 

Status 

1 )S Responsive to communication(s) filed on 10 July 2006 . 
2a)Q This action is FINAL. 2b)E3 This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Qt/ay/e, 1935 CD. 11, 453 O.G. 213. 

Disposition of Claims 

4) ^ Claim(s) 21-36 is/are pending in the application. 

4a) Of the above claim (s) is/are withdrawn from consideration. 

5) \3 Claim(s) is/are allowed. 

6) |EI Claim(s) 21-36 is/are rejected. 

7) Q Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) \3 The specification is objected to by the Examiner. 

10)0 The drawing(s) filed on is/are: a)Q accepted or b)0 objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a). 

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 
1 1 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f). 
a)D All b)Q Some * c)D None of: 

1 0 Certified copies of the priority documents have been received. 

2. Q Certified copies of the priority documents have been received in Application No. . 

3. Q Copies of the certified copies of the priority documents have been received in this National Stage 

application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 


Attachment(s) 

1 ) ^ Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. . 

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5) □ Notice of Informal Patent Application 

Paper No(s)/Mail Date . 6) □ Other: . 


U.S. Patent and Trademark Office 
PTOL-326 (Rev. 08-06) 


Office Action Summary 


Part of Paper No./Maii Date 20061013 


Application/Control Number: 09/750,903 
Art Unit: 2142 


Page 2 


DETAILED ACTION 

1 . This Office Action is in response to the communication received on 10 July 2006. 

2. Claims 1-20 are cancelled. 

3. Claims 21-36 are presented for examination. 

Response to Arguments 

4. Applicant's arguments, filed on 23 January 2006, with respect to the rejection(s) 
of claim(s) 21, 29, 35 under 35 USC 103(a) rejections have been fully considered and 
are persuasive. Therefore, the rejection has been withdrawn. However, upon further 
consideration, a new ground(s) of rejection as follows: 

Claim Rejections - 35 USC § 103 

5. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all 
obviousness rejections set forth in this Office action: 

(a) A patent may not be obtained though the invention is not identically disclosed or described as set 
forth in section 102 of this title, if the differences between the subject matter sought to be patented and 
the prior art are such that the subject matter as a whole would have been obvious at the time the 
invention was made to a person having ordinary skill in the art to which said subject matter pertains. 
Patentability shall not be negatived by the manner in which the invention was made. 

6. Claims 21-36 are rejected under 35 U.S.C. 103(a) as being unpatentable over 
Dziong U.S patent # 6,625,155 B1 in view of Varian, "Estimating the Demand For 
Bandwidth". 

7. As to claim 21 , Dziong discloses a method of controlling admission of a traffic 
flow to a communications network, the method comprising the steps of: 

sampling an aggregated traffic flow on a network resource to which the traffic flow is to 
be admitted to obtain a mean bandwidth measurement and a bandwidth variance 


Application/Control Number: 09/750,903 Page 3 

Art Unit: 2142 

measurement of said aggregated traffic flow (Figs. 2-4, Abstract, col. 4, Iine22 col. 5, 
line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63)] 

However, Dziong does not explicitly disclose determining from said mean bandwidth 
and variance measurements a price for bandwidth and a separate price for variance. 
In the same field of endeavor, Varian discloses that determining from said mean 
bandwidth and variance measurements a price for bandwidth and a separate price for 
variance (Varian, pages 1-3, table 1). 

Accordingly, it would have been obvious to one of ordinary skill in the networking 
management art at the time the invention was made to have incorporated Dziong's 
teachings of pricing-based quality of service controlling with the teachings of Varian, for 
the purpose of estimating demand for different bandwidths as a function of the price 
vector (Varian, page 1). 

Dziong-Varian discloses sampling the traffic flow to be admitted to the network resource 
to measure its mean bandwidth and variance (Dziong, Figs. 2-4, Abstract, col. 4, Iine22 
col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63)] and 
Dziong-Varian discloses applying to said traffic flow the separate prices for bandwidth 
and variance as a means of controlling admission of the traffic flow to the network 
resource (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 4, Iine22 col. 5, 
line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63). 

8. As to claim 22, Dziong-Varian discloses, wherein the price for bandwidth is 
determined as a price for unit bandwidth and the price for variance is. determined as a 


Application/Control Number: 09/750,903 Page 4 

Art Unit: 2142 

price for unit variance (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 4, 
Iine22 col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63). 

9. As to claim 23, Dziong-Varian discloses, wherein a total price for admission of 
the traffic flow to the network resource is provided to an admission controller of said 
traffic flow, said total price comprising the sum of the following products: i) the 
measured mean bandwidth of the traffic flow times the price per unit bandwidth for using 
the network resource; and ii) the variance of the traffic flow times the price per unit 
variance for using the network resource (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, 
Abstract, col. 4, Iine22 col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63). 

10. As to claim 24, Dziong-Varian discloses, wherein an admission controller 
associated with the traffic flow regulates at least one of the mean bandwidth and 
variance of said traffic flow (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 
4, Iine22 col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63). 

11. As to claim 25, Dziong-Varian discloses, wherein said admission controller 
comprises an ingress controller in an edge node of the communications network 
(Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 4, Iine22 col. 5, line 62 - 
col. 6, line 60; col. 7, 45 - col. 8, line 63). 

12. As to claim 26, Dziong-Varian discloses wherein respective maximum control 
limits are defined for both the mean bandwidth and bandwidth variance components of 
the aggregated traffic flow on the network resource, and wherein at least one of said 
price for bandwidth and price for variance is increased as any of the mean bandwidth 
and variance measurements of said aggregated traffic flow approaches its respective 


Application/Control Number: 09/750,903 Page 5 

Art Unit: 2142 

limit (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 4, Iine22 col. 5, line 62 
- col. 6, line 60; col. 7, 45 - col. 8, line 63). 

13. As to claim 27, Dziong-Varian discloses, wherein the determination of the 
bandwidth price is a function of the difference between the measured mean bandwidth 
of the aggregated traffic flow and the mean bandwidth control limit, and of the first and 
second derivatives against time of said function (Varian, pages 1-8, table 1; Dziong, 
Figs. 2-4, Abstract, col. 4, Iine22 col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 
63). 

14. As to claim 28, Dziong-Varian discloses, wherein the determination of the 
variance price is a function of the difference between the control limit and the sum of the 
measured variance of the aggregated traffic flow and a standard deviation 
corresponding to said variance, and of the first and second derivatives against time of 
said standard deviation (Varian, pages 1-8, table 1; Dziong, Figs. 2-4, Abstract, col. 4, 
Iine22 col. 5, line 62 - col. 6, line 60; col. 7, 45 - col. 8, line 63). 

1 5. Claim 29 is corresponding an apparatus plus function claim of claim 21 ; 
therefore, it is rejected under the same rationale as in claim 21. 

16. Claims 30-34 are similar limitations of claims 22-23, 26-28; therefore they are 
rejected under the same rationale as in claims 22-23, 26-28. 

17. Claim 35 is corresponding an apparatus claim of claim 21 ; therefore, it is rejected 
under the same rationale as in claim 21 . 

18. Claim 36 is corresponding a computer readable medium claim of claim 21 ; 
therefore, it is rejected under the same rationale as in claim 21 . 


Application/Control Number: 09/750,903 


Page 6 


Art Unit: 2142 


19. 


Further references of interest are cited on Form PTO-892, which is an 


attachment to this action. 


Conclusion 


Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Hai V. Nguyen whose telephone number is 571-272- 
3901 . The examiner can normally be reached on 6:00-3:30 Mon-Fri. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, Andrew Caldwell can be reached on 571-272-3868. The fax phone number 
for the organization where this application or proceeding is assigned is 571-273-8300. 

Information regarding the status of an application may be obtained from the 
Patent Application Information Retrieval (PAIR) system. Status information for 
published applications may be obtained from either Private PAIR or Public PAIR. 
Status information for unpublished applications is available through Private PAIR only. 
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should 
you have questions on access to the Private PAIR system, contact the Electronic 
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USPTO Customer Service Representative or access to the automated information 
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 

Hai V. Nguyen ^ i 


Examiner 
Art Unit 2142 




THONG VU 
PRIMARY EXAMINER 
TECHNOLOGY CENTER 2100