Ex Parte De Smet et alDownload PDFPatent Trial and Appeal BoardMar 26, 201814017935 (P.T.A.B. Mar. 26, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/017,935 09/04/2013 102469 7590 03/28/2018 PARKER JUSTISS, P.C./Nvidia 14241 DALLAS PARKWAY SUITE 620 DALLAS, TX 75254 FIRST NAMED INVENTOR Bruno De Smet UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. IC-13-0167-USl 2303 EXAMINER NGUYEN, STEVEN HD ART UNIT PAPER NUMBER 2414 NOTIFICATION DATE DELIVERY MODE 03/28/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): docket@pj-iplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte BRUNO DE SMET, FABIEN BESSON, and ALEXANDER MA Y-WEYMANN Appeal2017-009300 Application 14/017 ,93 5 Technology Center 2400 Before THU A. DANG, BARBARA A. BENOIT, and NORMAN H. BEAMER, Administrative Patent Judges. DANG, Administrative Patent Judge. DECISION ON APPEAL I. STATEMENT OF THE CASE Appellants 1 appeal under 35 U.S.C. § 134(a) from the Final Rejection of claims 1-20, which are all of the pending claims. App. Br. 5. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. A. INVENTION According to Appellants, the invention relates to "robust header compression (RoHC) of data flows and, more specifically, improving the reliability of those data flows." Spec. i-f 1. 1 The real party in interest is NVIDIA Corporation (App. Br. 3). Appeal2017-009300 Application 14/017,935 B. ILLUSTRATIVE CLAIM Claim 1 is exemplary: 1. A protocol stack embodied in a non-transitory computer- readable storage media for use with a processor of a modem, compnsmg: a bandwidth estimator operable to generate an indicator of excess bandwidth on a channel over which a data flow having original packet headers compressed at an initial compression level is transmitted; and a robust header compression (RoHC) compressor operable to gain access to said indicator and select a reduced compression level only based on said indicator and only when said indicator indicates said excess bandwidth on said channel. C. REJECTIONS 1. Claims 1-20 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Mabuchi (US 2011/0149790 Al, published June 23, 2011), and Kekki (US 2004/0120357 Al, published June 24, 2004). 2. Claims 1-20 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Mabuchi, and Dinan (US 7,948,913, issued May 24, 2011). II. ISSUES The main issues before us are whether the Examiner erred in finding: 1. The combination of Mabuchi and Kekki teaches or suggests: 1) an "indicator of excess bandwidth on a channel over which a data flow having original packet headers compressed at an initial compression level is transmitted;" and 2) a "robust header compression (RoHC) compressor" to "select a reduced compression level only based on said indicator." Claim 1. 2 Appeal2017-009300 Application 14/017,935 2. One of ordinary skill in the art at the time of the invention would have found it obvious to combine Dinan's channel capacity indicator for reducing compression with Mabuchi's header compression control method. III. FINDINGS OF FACT The following Findings of Fact (FF) are shown by a preponderance of the evidence. Mabuchi 1. Mabuchi discloses a header compressor that changes a compression ratio of a header of a packet to a compression ratio lower than a present compression ratio. Abst. A compression controller controls the compression based upon at least information among channel quality information of the communication device and from the communication partner. Id. A buffer manager sends buffered quantity information indicative of a buffered quantity of packets to the compression controller, wherein, as the buffered quantities are greater, the channel quality is considered to be poorer. i-f 3 6. Kekki 2. Kekki discloses controlling header compression in a packet data network, wherein header compression is triggered in response to an evaluation of the load information of the packet data network. Abst. Headers can be compressed on demand, where traffic volume is higher and transmission capacity is bottleneck. Id. At predetermined time intervals, the compression control unit evaluates the load information and then triggers a 3 Appeal2017-009300 Application 14/017,935 compression negotiation for a respective link based on the result of the evaluation. i-f 39. Dinan 3. Dinan discloses a channel capacity indicator that indicates the capacity of a feedback channel and a channel quality indicator that indicates the quality of a feedback channel. Abst, Operation of a header- compression algorithm is selected based on the received indications. Id. Selection of the mode of operation for robust header compression (RoHC) depends on the capacity and the quality of the feedback channel. Col. 7, 11. 4---6. IV. ANALYSIS In reaching this decision, we consider all evidence presented and all arguments actually made by Appellants. We do not consider arguments that Appellants could have made but chose not to make in the Briefs, and we deem any such arguments waived. 37 C.F.R. § 41.37(c)(l)(iv). 35 US.C. § 103(a) over Mabuchi and Kekki Appellants contend that Mabuchi does not "disclose the claimed indicator of excess bandwidth on a channel" but instead "teaches reducing header compression when a quality of a channel over which data is transmitted is reduced." App. Br. 6. That is, although Appellants concede Mabuchi discloses "altering header compression" based on channel information for the channel "over which data is transmitted," Appellants contend the altering of header compression is based on "a quality" of the channel. Id. 4 Appeal2017-009300 Application 14/017,935 Appellants then contends "any modification of Mabuchi that does not include a teaching of altering of header compression based on a quality of a channel would teach away from Mabuchi" because "Mabuchi explicitly requires using a quality of a channel to alter header compression." Id. at 7. Thus, Appellants contend "Kekki's purported teaching of altering header compression based on excess bandwidth teaches away from Mabuchi." Id. Further, Appellants contend "Kekki cannot teach an indicator of excess bandwidth on a channel since the bandwidth on the channel [in Kekki] changes." Id. at 9. We have considered all of Appellant's arguments and evidence presented. However, we are unpersuaded by Appellants' contentions regarding the Examiner's combination of the Mabuchi and Kekki to reject the claims. On this record, we find no error with the Examiner's ultimate conclusion that claims would have been obvious over the combined references. Here, we find no error with the Examiner's reliance on the combination of Mabuchi and Kekki for teaching or at least suggesting the contested limitations. As Appellants concede, Mabuchi discloses "altering header compression" based on channel information. App. Br. 6; FF 1. As the Examiner finds, "Mabuchi discloses a method and system for implementing compression level on the header of [a] packet based on the number of resending packets." Final Act. 8; FF 1. As the Examiner explains, "[this] condition is related to the bandwidth of [the] channel." Id. In particular, in Mabuchi, the bandwidth varies inversely with the channel quality, wherein the greater the buffered quantities, the poorer the channel quality. FF 1. 5 Appeal2017-009300 Application 14/017,935 That is, "the measure of the number of packets in a buffer or free space left in the buffer is a measure of remaining capacity" wherein "the measure[] of remaining capacity is compared with [a] threshold to determine if the user's usage has excess ... allocated bandwidth for the user in order to generate a[] bandwidth excess indicator such as channel quality indicator [indicating that the channel] is poor." Ans. 8-9; FF 1. Thus, although Appellants contend Mabuchi's altering of header compression is based on "a quality" of the channel (App. Br. 6), we find no error with the Examiner's finding that Mabuchi's "indicator" indicates an "excess bandwidth on a channel," as recited in claim 1. Final Act. 8-9. Further, Kekki discloses header compression in which headers are compressed on demand when transmission capacity is in bottleneck. FF 2. In Kekki, a compression control unit evaluates the load information and triggers a compression negotiation for a respective link based on the result of the evaluation. Id. As the Examiner finds, Kekki discloses "a method and system for ... estimating [a] load [(bandwidth usage)] of the link [(channel)] with a predetermined threshold [(bandwidth of the channel]) ... to determine ... excess [of] bandwidth of the channel." Ans. 9. Thus, contrary to Appellants' contention (App. Br. 9), the Examiner finds, and we agree, Kekki at least suggests an indicator of "excess bandwidth on a channel" and a compressor to "select a reduced compression level only based on said indicator." Claim 1. We are not persuaded by Appellants' argument that "any modification of Mabuchi that does not include a teaching of altering of header compression based on a quality of a channel would teach away from Mabuchi" and that "Kekki's purported teaching of altering header 6 Appeal2017-009300 Application 14/017,935 compression based on excess bandwidth teaches away from Mabuchi." App. Br. 7. Here, we are not persuaded that the Examiner erred in finding that Mabuchi at least suggests an "indicator" that indicates an "excess bandwidth on a channel." Final Act. 8-9. We find that Mabuchi does not criticize, discredit, or otherwise discourage investigation into the claimed solution of Kekki to provide header compression based on channel load/bandwidth. See In re Fulton, 391F.3d1195, 1201 (Fed. Cir. 2004). Appellants have presented no evidence that combining the two header compression methods of Mabuchi and Kekki would have been "uniquely challenging or difficult for one of ordinary skill in the art." Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007) (citing KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398, 419 (2007)). Instead, we find such a combination of references in the same field of endeavor would have been well within the ordinary level of skill of the art. See KSR, 550 U.S. at 417. In particular, we find that Appellants' invention is simply a modification of familiar prior art methods of header compression, which would have realized a predictable result to the skilled artisan. The skilled artisan is "a person of ordinary creativity, not an automaton." Id. at 421. On this record, we find no error in the Examiner's rejection of independent claim 1, independent claims 8 and 15 falling therewith (App. Br. 11), and dependent claims 2-7, 9-14, and 16-20 depending respectively therefrom (id.), over Mabuchi and Kekki. 35 USC§ 103(a) over Mabuchi and Dinan Appellants repeat that "any modification of Mabuchi that does not include a teaching of altering of [a] header compression based on a quality of a channel would teach away from Mabuchi." App. Br. 12. Although 7 Appeal2017-009300 Application 14/017,935 Appellants concede Dinan teaches "an indication of channel capacity" which is "fed back to determine whether to adjust compression of a packet header" (id. at 12-13), Appellants contend Dinan "teaches that both [an] indication of channel reliability and an indication of channel capacity" are used to determine the operational modes. Id. Thus, Appellants contend the Examiner "ignores Dinan's explicit requirement that both its purported indicator of excess capacity and its purported indicator of channel quality must be used to select a compression level of its headers." Id. at 14. Here, we also find no error with the Examiner's combination of Mabuchi and Dinan to reject the claims and agree with the Examiner's ultimate conclusion that claims would have been obvious over the combined references. As discussed above, we agree with the Examiner's finding that Mabuchi' s "indicator" also indicates an "excess bandwidth on a channel." Final Act. 8-9. That is, as discussed, although Appellants contend Mabuchi' s altering of header compression is based on the quality of the channel (App. Br. 12), Mabuchi's bandwidth varies inversely with the channel quality. FF 1. We also agree with the Examiner's finding that "Dinan discloses a method and system for selecting a compression level based on an indicator of excess capacity by comparing an estimated number of free transmission slots with predetermined threshold or an estimated amount of free buffer space with predetermined threshold in order to generate an indicator of excess capacity." Ans. 12; FF 3. Significantly, Appellants concede that Dinan teaches "an indication of channel capacity" which is "fed back to 8 Appeal2017-009300 Application 14/017,935 determine whether to adjust compression of a packet header." App. Br. 12- 13. Although Appellants contend that "any modification of Mabuchi that does not include a teaching of altering of [a] header compression based on a quality of a channel would teach away from Mabuchi" because Dinan "teaches both an indication of channel reliability and an indication of channel capacity" are used to determine the operational modes (App. Br. 12- 13), Appellants are viewing the references from a different perspective than that of the Examiner. The issue here is not whether the ordinarily skilled artisan would have bodily incorporated the entire method of Dinan for altering the header compression into the header compression method of Mabuchi. Instead, as the Examiner explains, "it would have been obvious to one of ordinary skill in the art to implement the teaching of selecting compression level based on the load of the channel which used to convey the packets between the devices into the teaching of Mabuchi." Final Act. 9. Here, we agree with the Examiner's reliance on Mabuchi for disclosing and suggesting an "indicator" that indicates an "excess bandwidth on a channel" wherein reduced compression level is selected "only" based on the indicator. Final Act. 8-9. The Examiner only relies on Dinan for teaching and suggesting selecting a compression level based on an indicator of excess capacity "by comparing an estimated number of free transmission slots with predetermined threshold or an estimated amount of free buffer space with predetermined threshold in order to generate an indicator of excess capacity." Ans. 12. Mabuchi does not criticize, discredit, or otherwise discourage investigation into the claimed solution of Dinan to provide excess capacity by applying such comparison. See In re Fulton, 391 9 Appeal2017-009300 Application 14/017,935 F.3d at 1201. Thus, such a combination of references in the same field of endeavor would have been well within the ordinary level of skill of the art. See KSR, 550 U.S. at 417. Here, we find that Appellants' invention is simply a modification of familiar prior art teachings that would have realized a predictable result to the skilled artisan. Id. at 398. On this record, we find no error in the Examiner's rejection of independent claim 1, independent claims 8 and 15 falling therewith (App. Br. 14), and dependent claims 2-7, 9-14, and 16-20 depending respectively therefrom (id. at 15), over Mabuchi and Dinan. V. CONCLUSION AND DECISION The Examiner's rejections of claims 1-20 under 35 U.S.C. § 103(a) are affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv). AFFIRJ'v1ED 10 Copy with citationCopy as parenthetical citation