USOO8626922B2
`
`(12) United States Patent
`Short et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8.626,922 B2
`*Jan. 7, 2014
`
`(54)
`
`(75)
`
`(73)
`(*)
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`(21)
`(22)
`(65)
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`(63)
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`(60)
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`(51)
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`(52)
`
`SYSTEMIS AND METHODS FOR DYNAMIC
`DATA TRANSFERMANAGEMENT ON A PER
`SUBSCRIBER BASIS IN A
`COMMUNICATIONS NETWORK
`
`Inventors: Joel E. Short, Los Angeles, CA (US);
`Frederic Delley, Redwood City, CA
`(US); Mark F. Logan, Santa Monica,
`CA (US); Daniel Toomey, Moorpark,
`CA (US)
`Assignee: Nomadix, Inc., Agoura Hills, CA (US)
`Notice:
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 329 days.
`This patent is Subject to a terminal dis
`claimer.
`
`Appl. No.: 13/094,769
`Filed:
`Apr. 26, 2011
`
`Prior Publication Data
`US 2011 FO199932A1
`Aug. 18, 2011
`
`Related U.S. Application Data
`Continuation of application No. 12/771,915, filed on
`Apr. 30, 2010, now Pat. No. 7,953,857, which is a
`continuation of application No. 09/693481, filed on
`Oct. 20, 2000, now Pat. No. 7,739,383.
`Provisional application No. 60/161,182, filed on Oct.
`22, 1999.
`
`Int. C.
`G06F 5/73
`U.S. C.
`USPC ........... 709/226; 709/227; 709/232; 709/240;
`370/348; 370/352
`
`(2006.01)
`
`(58) Field of Classification Search
`USPC ........... 709/226, 227, 232, 240; 370/348,352
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`5,113,499 A *
`5,446,735 A
`
`5/1992 Ankney et al. ............... 340,574
`8/1995 Tobagi et al.
`(Continued)
`
`FOREIGN PATENT DOCUMENTS
`
`EP
`EP
`
`5, 1996
`O 742 657
`4f1997
`O 767 595 A
`(Continued)
`OTHER PUBLICATIONS
`
`NOMADIX, Inc.'s Amended Answer to iBahn General Holdings
`Corporation's Complaint and Counterclaims, NOMDADLX, Inc. v.
`iBahn General Holdings Corporation, (District of California, Case
`No. CV11-02604 DDP (VBKx), filed May 2, 2011.
`(Continued)
`Primary Examiner — Liangche A Wang
`(74) Attorney, Agent, or Firm — Knobbe Martens Olson &
`Bear LLP
`
`ABSTRACT
`(57)
`A method of dynamically managing transmission of packets
`is disclosed. The method, in Some embodiments, may com
`prise establishing a network session over a communication
`link between a network and a user device of a user and
`associating a data transmission parameter with the user
`device. The method may further comprise receiving a packet
`and calculating a delay period associated with the packet
`based on the data transmission parameter and delaying trans
`mission of the packet based on the delay period.
`
`20 Claims, 8 Drawing Sheets
`
`
`
`
`
`START
`
`RECEIVINGAPACKET
`FOR PROCESSING
`
`RETRIEWINGAUTHORIZATIONFILE
`BASED ONMACADDRESS, DETERMINING
`USERSELECTEDMAXIMUMBANDWIDTH
`
`30
`
`
`
`
`
`DOESPACKT
`NEED TOBERUEUED
`TO LIMIT
`BANDWIDTH
`
`YES
`
`DETERMININGLNGTH
`OFDELAY ANDRESCHEDULE
`ACCORDINGLY
`
`330
`
`340
`
`
`
`OSPACKET
`NED TOB QUEUD
`FORTRAFFIC
`SHAPNG
`
`YES
`
`DETERMININGLENGTH
`OF DELAY ANDRESCHEDULE
`ACCORDINGLY
`
`350
`
`TRANSMITTINGPACKETTO
`THENETWORK
`
`360
`
`GUEST TEK EXHIBIT 1001
`Guest Tek v. Nomadix, IPR2019-00253
`
`

`

`US 8,626,922 B2
`Page 2
`
`(56)
`
`References Cited
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`U.S. PATENT DOCUMENTS
`
`1/1998 Arndt et al.
`5,708,654 A
`1/1998 Levergood et al.
`5,708,780 A
`7, 1998 Jam et al.
`5,787,483. A
`5,793,978 A * 8/1998 Fowler .......................... TO9,226
`5,802,310 A
`9/1998 Rajaraman
`5,978,387 A * 1 1/1999 Sherman ....................... 370/468
`6,035,405 A
`3/2000 Gage et al.
`6,078,953. A
`6, 2000 Vaid et al.
`6,130,892 A 10, 2000 Short et al.
`6, 194992 B1
`2/2001 Short et al.
`6,232,764 B1
`5/2001 Rettig et al.
`6.256,674 B1* 7/2001 Manning et al. .............. 709,232
`6,307,836 B1 * 10/2001 Jones et al. ................... 370,230
`6,310,886 B1
`10/2001 Barton
`6,609,153 B1
`8, 2003 Salkewicz
`6,618.355 B1* 9/2003 Gulliford et al. ............. 370,230
`6,636,894 B1
`10/2003 Short et al.
`6,654,808 B1 * 1 1/2003 Chuah ........................... 709,227
`6,735,633 B1
`5, 2004 Welch et al.
`6.738,371 B1* 5/2004 Ayres ............................ 370,352
`6,789, 110 B1
`9, 2004 Short et al.
`6,795,852 B1
`9, 2004 Kleinrocket al.
`6,810,426 B2 10/2004 Mysore et al.
`6,826,694 B1
`1 1/2004 Dutta et al.
`6.857,009 B1
`2/2005 Ferrieria et al.
`6,868,399 B1
`3/2005 Short et al.
`7,020,082 B2
`3/2006 Bhagavath et al.
`7,088,727 B1
`8, 2006 Short et al.
`7,117,526 B1
`10/2006 Short et al.
`7,194.554 B1
`3/2007 Short et al.
`7,197.556 B1
`3/2007 Short et al.
`7,216,152 B2
`5, 2007 Short et al.
`7,554,995 B2
`6/2009 Short et al.
`2004/OO73704 A1
`4/2004 Paunikar et al.
`2006/02392.54 A1
`10, 2006 Short et al.
`2008. O148383 A1
`6, 2008 Pitchaikani et al.
`2009, OO24745 A1
`1/2009 Short et al.
`
`FOREIGN PATENT DOCUMENTS
`
`EP
`EP
`EP
`GB
`WO
`WO
`WO
`WO
`WO
`
`O 573 739 A 12/1997
`O 873 037 A1 10, 1998
`O 901 301 A
`3, 1999
`2311 439 A
`9, 1997
`WO/97O2687
`1, 1997
`WO97/22936 A
`6, 1997
`WO 98,16036 A
`4f1998
`WO 98,1603.6 A1
`4f1998
`WO98,54868 A1 12, 1998
`
`OTHER PUBLICATIONS
`
`Proposed Joint Claim Construction Statement, Nomadix, Inc. vs.
`Second Rule LLC; Civil Action CV-07-1946, USDC, CD CA.; Jul. 2,
`2008; 105 pages.
`Mar. 1, 2006 Final Office Action in U.S. Appl. No. 09/693,481, filed
`Oct. 20, 2006.
`Mar. 17, 2004 Office Action in U.S. Appl. No. 09/693,481, filed Oct.
`20, 2006.
`May 3, 2005 Office Action in U.S. Appl. No. 09/693481, filed Oct.
`20, 2006.
`Aug. 21, 2006 Office Action in U.S. Appl. No. 09/693481, filed Oct.
`20, 2006.
`Sep. 28, 2004 Final Office Action in U.S. Appl. No. 09/693,481, filed
`Oct. 20, 2006
`Nov. 23, 2009 Office Action in U.S. Appl. No. 09/693481, filed Oct.
`20, 2006.
`Dec. 21, 2006 Final Office Action in U.S. Appl. No. 09/693481, filed
`Oct. 20, 2006.
`Andrew S. Tanenbaum, “Computer Networks.” 1996, 420-42, 3 ed.
`Complaint for Patent Infringement of U.S. Patent Nos. 6,130,892;
`7,088,727; 6,636,894; 6,868,399; 6,789, 110 and 7,554.995, dated
`Nov. 17, 2009.
`
`Complaint for Patent Infringement of U.S. Patent Nos. 6, 130,892;
`7,088,727; 6,636,894; 6,857,009 and 6,868,399, datedMar. 23, 2007.
`Decision on Appeal mailed Nov. 3, 2009 for U.S. Appl. No.
`09/693,481, filed Dec. 20, 2000.
`Office Action dated Feb. 7, 2011, European Patent Application No.
`O710O292.7.
`Partial European Search Report; European Patent Application No. EP
`07 10 0293; dated Dec. 2, 2009; 4pgs.
`Hluchy, M.G., et al.: “Oueueing disciplines for integrated fast packet
`networks', Discovering a New World of Communications. Chicago,
`Jun. 14-18, 1992. Bound Together with B0 190700, vol. 3, Proceed
`ings of the International Conference on Communications, New York,
`IEEE, US, vol. 4, Jun. 14, 2002, pp. 990-996, XPO1006 1960, ISBN:
`O7803-0599-X.
`Kalkbrenner et al., Quality of Service (QoS) in Distributed
`Hypermedia-Systems, Jul. 1995, IEEE, V10-8186-7180, 529-534.
`Kauser et al., A Charging Model for Sessions on the Internet, May 26,
`1999, European conference on multimedia applications, services and
`techniques, v1629, p. 246-261.
`Past, present, and future office actions, amendments, arguments, and
`other relevant documents or materials in the file history of co-pending
`U.S. Appl. No. 09/693481, filed Oct. 20, 2006, entitled Systems and
`Method for Dynamic Bandwidth Management on a Per Subscriber
`Basis in a Communications Network.
`Past, present, and future office actions, amendments, arguments, and
`other relevant documents or materials in the file history of co-pending
`U.S. Appl. No. 12/579,820, filed Oct. 15, 2009, entitled Systems and
`Method for Dynamic Bandwidth Management on a Per Subscriber
`Basis in a Communications Network.
`Past, present, and future office actions, amendments, arguments, and
`other relevant documents or materials in the file history of co-pending
`U.S. Appl. No. 12/771,915, filed Apr. 30, 2010, entitled Systems and
`Method for Dynamic Data Transfer Management on a Per Subscriber
`Basis in a Communications Network.
`PCT International Search Report dated Mar. 14, 2001 relating to
`PCT/US O09/29172.
`Plaintiff Nomadix, Inc.'s Proposed Claim Construction Statement,
`Nomadix, Inc. vs. Second Rule LLC; Civil Action CV-07-1946,
`USDC, CD CA.; May 23, 2008; 183 pages.
`Richards et al., Mapping User Level OOS form a Single Parameter,
`1998, p. 1-15.
`Rupp, et al., “Index: A Platform for Determining How People Value
`the Quality of Their Internet Access'. http://www.INDEX. Berkeley.
`edu/reports/98-010P. May 1998.
`Second Rule LLC's Response to Nomadix, Inc.'s Proposed Claim
`Construction Statement, Nomadix, Inc. vs. Second Rule LLC.: Civil
`Action CV-07-1946, USDC, CD CA.; Jun. 6, 2008: 74 pages.
`W. Richard Stevens, “TCP/IP Illustrated vol. 1: The Protocols, 1994,
`53-62. Addison Wesley.
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011.
`Appenzeller, et al., “User-Friendly Access Control for Public Net
`work Ports.” Department of Computer Science, Stanford University,
`dated Aug. 31, 1998 in 16 pages.
`Anderson, et al., The Magicrouter, an Application of Fast Packet
`Interposing, dated May 17, 1996 in 12 pages.
`Exhibit A. Asserted Claims, filed in Defendants' Supplemental Joint
`Invalidity Contentions, Nomadix, Inc. v. Hewlett-Packard Company,
`et al., Case No. 09-CV-8441 DDP (VBKx) and Nomadix, Inc. v.
`Solutionic Technologies Limited. Case No. 2:10-CV-00381 DDP
`(VBKx), (Central District of California, Western Division, and dated
`Jul. 22, 2011, in 2 pages.
`Exhibit B, Supplemental Prior Art List filed in Defendants' Supple
`mental Joint Invalidity Contentions, Nomadix, Inc. v. Hewlett
`Packard Company; et al., Case No. 09-CV-8441 DDP (VBKx) and
`Nomadix, Inc. v. Solutionic Technologies Limited. Case No. 2:10-CV
`00381 DDP (VBKx), (Central District of California, Western Divi
`sion, and dated Jul. 22, 2011 in 2 pages.
`
`

`

`US 8,626,922 B2
`Page 3
`
`(56)
`
`References Cited
`
`OTHER PUBLICATIONS
`
`Exhibit C1, Claim Comparison for U.S. Patent No. 6, 130,892 filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011 in 4 pages.
`Exhibit C2, Claim Comparison for U.S. Patent No. 7,088,727 filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011 in 7 pages.
`Exhibit C3, Claim Comparison for U.S. Patent No. 7,554.995 filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011 in 25 pages.
`Exhibit C4, Claim Comparison for U.S. Patent No. 6,636,894, filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011, in 18 pages.
`Exhibit C5, Claim Comparison for U.S. Patent No. 7, 194.554 filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011 in 18 pages.
`Exhibit C6, Claim Comparison for U.S. Patent No. 6,868,399 filed in
`Defendants' Supplemental Joint Invalidity Contentions, Nomadix,
`Inc. v. Hewlett-Packard Company, et al., Case No. 09-CV-8441 DDP
`(VBKx) and Nomadix, Inc. v. Solutionic Technologies Limited. Case
`No. 2:10-CV-00381 DDP (VBKx), (Central District of California,
`Western Division, and dated Jul. 22, 2011 in 22 pages.
`Exhibit C7, U.S. Patent No. 7,689,716 filed in Defendants' Supple
`mental Joint Invalidity Contentions, Nomadix, Inc. v. Hewlett
`Packard Company; et al., Case No. 09-CV-8441 DDP (VBKx) and
`Nomadix, Inc. v. Solutionic Technologies Limited. Case No. 2:10-CV
`00381 DDP (VBKx), (Central District of California, Western Divi
`sion, and dated Jul. 22, 2011 in 11 pages.
`Case No. 07-1946 GPS (VBK) Nomadix, Inc. v. Second Rule LLC,
`Complaint for Patent Infringement of U.S. Patent No. 6, 130,892;
`7,088,727; 6,636,894; 6,857,009, and 6,868,399 datedMar. 23, 2007.
`
`* cited by examiner
`
`

`

`US 8,626,922 B2
`US 8,626,922 B2
`
`U.S. Patent
`U.S. Patent
`
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`U.S. Patent
`US. Patent
`
`Jan. 7, 2014
`Jan. 7, 2014
`
`Sheet 2 of 8
`Sheet 2 of8
`
`US 8,626,922 B2
`US 8,626,922 132
`
`
`
`
`
`S.
`
` 40
`
`NETWORK
`SERVICE
`
`AAAINTERFACE
`
`SUBSCRIBER
`
`PROFILE
`
`FIG.2
`
`S
`12
`
`
`
`
`
`BANDWIDTHMANAGEMENT
`
`
`
`GATEWAYDEVICE
`
`
`
`
`
`
`
`

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`U.S. Patent
`U.S. Patent
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`U.S. Patent
`
`Jan. 7, 2014
`
`Sheet 4 of 8
`
`US 8,626,922 B2
`
`START
`
`
`
`ESTABLISHINGAUTHORIZATION ACCOUNT FOR A
`SUBSCRIBER WHEREIN THE AUTHENTICATION
`ACCOUNT INCLUDESAPREDETERMINED
`BANDWIDTHANDAN AUTHORIZATION CODE
`
`AUTHORIZING THE SUBSCRIBER BASED ON THE
`AUTHORIZATION CODE, ALLOWING THE SUBSCRIBER
`ACCESS TO THE NETWORKAT THE PREDETERMINED
`BANDWIDTH
`
`MANAGING THE BANDWIDTH OF
`THE SUBSCRIBERAND THE
`COMMUNICATIONS LINK
`
`200
`
`210
`
`220
`
`END
`
`FIG. 4A
`
`

`

`U.S. Patent
`
`Jan. 7, 2014
`
`Sheet 5 of 8
`
`US 8,626,922 B2
`
`START
`
`RECEIVINGAPACKET
`FOR PROCESSING
`
`300
`
`RETRIEVING AUTHORIZATION FILE
`310
`BASED ONMAC ADDRESS, DETERMINING N1
`USER SELECTED MAXIMUM BANDWIDTH
`
`
`
`
`
`
`
`DOES PACKET
`NEED TO BE QUEUED
`TO LIMIT
`BANDWIDTH
`
`DETERMININGLENGTH
`OF DELAY AND RESCHEDULE
`ACCORDINGLY
`
`
`
`340
`
`DOES PACKET
`NEED TO BE QUEUED
`FORTRAFFIC
`SHAPING
`
`
`
`
`
`
`
`TRANSMITTING PACKET TO
`THE NETWORK
`
`DETERMININGLENGTH
`OF DELAY AND RESCHEDULE
`ACCORDINGLY
`
`330
`
`350
`
`FIG. 4B
`
`

`

`U.S. Patent
`
`Jan. 7, 2014
`
`Sheet 6 of 8
`
`US 8,626,922 B2
`
`
`
`DETERMINING WHEN DATA
`PACKETARRIVES
`
`400
`
`410
`
`
`
`
`
`ISDATA
`PACKET BANDWIDTH
`LIMITED2
`
`
`
`
`
`
`
`YES
`
`DETERMINING MAC ADDRESS
`OF DATAPACKET
`
`
`
`DOES AN
`ENTRY EXIST IN
`AAA TED TO
`MAC ADDRESS
`
`420
`
`SETTING TRANSFER
`RATE AT ZERO
`ORDEFAULTRATE
`
`
`
`CREATE
`NEW
`ENTRY
`
`OBTAINING SUBSCRIBERS
`UPLINKRATE FROM AAA
`
`470
`
`NO
`
`
`
`IS THERE
`AN ENTRY IN
`BIW HASH
`TABLE
`
`YES
`
`SETTING TRANSFER
`RATE
`
`SCHEDULING DATA
`PACKET TRANSFER
`
`FIG. 5
`
`

`

`U.S. Patent
`
`Jan. 7, 2014
`
`Sheet 7 of 8
`
`US 8,626,922 B2
`
`
`
`
`
`
`
`
`
`
`
`DETERMINING WHEN DATA
`PACKETARRIVES
`
`DETERMINING DESTINATION
`MAC ADDRESS FROM
`DATAPACKET
`
`500
`
`510
`
`IS THE
`DATAPACKET
`A BROADCAST?
`
`
`
`
`
`
`
`YES
`
`DOES AN
`ENTRY EXIST IN
`AAA TED TO
`MAC ADDRESS
`
`530
`
`SETTING
`THE TRANSFER
`RATE AT ZERO
`
`OBTAINING SUBSCRIBERS
`DOWNLINKRATE FROM AAA
`
`IS THERE
`AN ENTRY IN
`BIW HASH
`TABLE
`
`
`
`
`
`570
`
`
`
`NO
`
`
`
`
`
`
`
`CRET E
`ENTRY
`
`
`
`SETTING TRANSFER
`RATE
`
`SCHEDULING DATA
`PACKET TRANSFER
`
`FIG. 6
`
`

`

`U.S. Patent
`
`Jan. 7, 2014
`
`Sheet 8 of 8
`
`US 8,626,922 B2
`
`600
`
`
`
`
`
`IS THE RING
`BUFFERFULL2
`
`YES
`
`630
`
`YES
`
`
`
`PLACE PACKET ON
`SLOT FOR IMMEDIATE
`TRANSMISSION
`
`DOES THE
`PACKET HAVE UNLIMITED
`BANDWIDTH2
`
`CALCULATE REMAINING
`AVAILABLE BANDWIDTH
`FOR SUBSCRIBER
`
`610
`
`DROP
`PACKET
`
`
`
`
`
`
`
`IS THERE ROOM
`IN THE RING BUFFER
`FOR PACKET
`
`YES
`INITIATE LOOKING AT FIRST
`AVAILABLE SLOT INRINGER
`BUFFER WITH AVAILABLE
`BANDWIDTH
`
`
`
`660
`
`
`
`
`
`WOULD ALLOCATING
`PACKET TO THIS SLOT
`OVERFLOWBANDWIDTH
`LIMIT?
`
`
`
`680
`
`PUT PACKET IN
`THIS SLOT
`
`700
`
`ADVANCETONEXT YES
`AVAILABLE SLOT
`
`
`
`YES
`
`690
`MORE SLOTSNNO
`AVAILABLE
`
`FIG. 7
`
`

`

`US 8,626,922 B2
`
`1.
`SYSTEMS AND METHODS FOR DYNAMIC
`DATA TRANSFERMANAGEMENT ON A PER
`SUBSCRIBER BASIS INA
`COMMUNICATIONS NETWORK
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`
`The present application is a continuation of U.S. patent
`application Ser. No. 127771,915, filed Apr. 30, 2010, which is
`a continuation of U.S. patent application Ser. No. 09/693,481,
`filed Oct. 20, 2000, which claims priority from U.S. Provi
`sional Patent Application No. 60/161,182, filed Oct. 22, 1999,
`the contents of all of which are incorporated by reference in
`their entirety.
`
`10
`
`15
`
`BACKGROUND
`
`2
`Device', filed in the name of inventor Shortet. al., on Dec. 8,
`1999. These applications have been assigned to Nomadix, the
`same assignee of the present invention. The contents of both
`of these applications are herein incorporated by reference as
`if fully setforth here within. The gateway device serves as an
`interface connecting the user/Subscriber to a number of net
`works or other online services. For example, the gateway
`device can serve as a gateway to the Internet, the enterprise
`network, or other networks and/or on-line services. In addi
`tion to serving as a gateway, the gateway device automatically
`adapts to the protocols and other parameters of the host, in
`order that it may communicate with the new network in a
`manner that is transparent both to the user/subscriber and the
`new network. Once the gateway device has appropriately
`adapted data packets transmitted from a host, the host can
`appropriately communicate via the new network, Such as the
`network at a hotel or at an airport, in order to access other
`networks. Such as the enterprise network, or other online
`services, such as the internet.
`The user/subscriber, and more specifically the remote or
`laptop user, benefits from being able to access a myriad of
`communication networks without having to undergo the
`time-consuming and all-too-often daunting task of reconfig
`uring their host in accordance with network specific configu
`rations. In this fashion, the gateway device is capable of
`providing more efficient network access to the user/Sub
`scriber. Agateway device is also instrumental in providing the
`user? subscriber broadband network access that can be tai
`lored to the user/subscriber's needs. In many instances the
`remote user/subscriber is concerned with being able to
`acquire network access and levels of service in the most
`cost-effective manner. Correspondingly, the gateway device
`administrator desires the capability to be able to offer the
`user/subscriber numerous different services and billing rate
`options. By way of example, the remote user/Subscriber in a
`hotel environment may desire a network subscription for the
`duration of their hotel stay while the user/subscriber in an
`airport may desire a network subscription for the duration of
`their layover or until their scheduled flight departs. Addition
`ally, a user/subscriber may desire a certain level of service
`based on bandwidth concerns and the need for higher or lower
`data rate transfers. For example, the user/subscriber who is
`accessing a network for the purpose of viewing text may
`desire a lower bandwidth service level that meets their par
`ticular needs, however, another user? subscriber who is
`accessing a network for the purpose of downloading files or
`media-rich content may desire a higher bandwidth service
`level capable of transferring data at relatively higher speeds.
`In today's fast paced computing and networking environ
`ment it is even more advantageous to provide these service
`and billing options dynamically, allowing the user/Subscriber
`to change, for example, billing rates or bandwidth capacity
`while a network session is on going. This would allow the
`user/subscriberto be billed at one rate while downloading the
`data-intensive file or media-rich content while choosing a
`more cost-effective billing structure for the less data-inten
`sive activities, such as electronic mail (e-mail). As yet another
`example, the user/Subscriber may be sending and/or receiving
`data-intensive content which requires a certain minimum
`transfer rate in order to be effectively communicated at the
`receiving end. Such as Voiceover IP or video. In Such cases,
`the user/subscriber may desire some guarantee of delivery of
`the dataintensive content at a relatively higher cost.
`Additionally, the dynamic nature of this process would
`allow the user/subscriber to change service levels or billing
`rates without the need to exit the network and initiate a new
`log-on procedure. In effect, the user/subscriber benefits from
`
`1. Field of the Invention
`The present invention relates generally to bandwidth man
`agement in a communications network and, more particu
`larly, to a method and apparatus for providing dynamic band
`width management on a per Subscriber basis in a
`communications network
`2. Description of the Related Art
`In order for a host to function properly in a network envi
`ronment, the host must be appropriately configured. Among
`other things, this configuration process establishes the proto
`col and other parameters by which the host transmits and
`receives data. In one common example, a plurality of hosts are
`networked to create a local area network (LAN). In the LAN,
`each host must be appropriately configured in order to
`exchange data over the network. Since most networks are
`customized to meet a unique set of requirements, hosts that
`are part of different networks are generally configured in
`different manners in order to appropriately communicate
`with their respective networks.
`While desktop computers generally remain a part of the
`same network for a substantial period of time, laptops or other
`portable computers are specifically designed to be transport
`able. As such, portable computers are connected to different
`networks at different times depending upon the location of the
`computer. In a common example in which the portable com
`puter serves as an employee's desktop computer, the portable
`computer is configured to communicate with their employ
`er's network, i.e., the enterprise network. When the employee
`travels, however, the portable computer may be connected to
`different networks that communicate in different manners. In
`this regard, the employee may connect the portable computer
`to the network maintained by an airport or by a hotel in order
`to access the enterprise network, the internet or some other
`on-line service. Since these other networks are configured
`somewhat differently, however, the portable computer must
`also be reconfigured in order to properly communicate with
`these other networks. Typically, this configuration is per
`formed by the user each time that the portable computer is
`connected to a different network. As will be apparent, this
`repeated reconfiguration of the portable computer is not only
`quite time consuming, but is also prone to errors.
`A universal subscribergateway device has been developed
`by Nomadix, Incorporated of Santa Monica, Calif. This uni
`versal subscriber gateway is described by U.S. patent appli
`cation Ser. No. 08/816,174, entitled “Nomadic Router', filed
`in the name of inventor Shortet. al., on Mar. 12, 1997 and Ser.
`No. 09/458,602, entitled “Systems and Methods for Autho
`rizing, Authenticating and Accounting Users Having Trans
`parent Computer Access to a Network Using a Gateway
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`having a more efficient and less time-consuming means of
`altering service levels and billing structure.
`However, in current network implementations, bandwidth
`management is typically performed statically, at the time a
`new subscriber account is established. The new subscriber
`typically selects a service level and billing structure defining
`a particular transmission rate (i.e., bandwidth) when estab
`lishing the account, and is not afforded the option of changing
`their service level or billing structure dynamically. In a com
`mon example, the service provider configures the network to
`10
`provide the new subscriber with the subscriber selected band
`width service level, which typically involves the service pro
`vider configuring hardware devices under the control of the
`service provider, Such as a modem or access controller. The
`user/Subscriber is not allowed to dynamically change the
`bandwidth, but must contact the service provider and request
`a change in their configuration to allow a higher or lower
`transmission rate. In response to Such a request, the service
`provider typically assigns a technician to manually imple
`ment the reconfiguration of the hardware device(s) and/or
`other devices or records. In some instances, the Subscriber
`also may be required to reconfigure their host to accommo
`date the changes in the bandwidth service level.
`Therefore, an unsatisfied need exists in the industry for
`dynamic management of network access bandwidth, particu
`larly when purchasing network access for a relatively short
`time, such as in an airport or hotel, or with varying network
`access speed requirements while at home or in the office.
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`SUMMARY OF THE INVENTION
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`The present invention comprises a method and device for
`dynamic bandwidth management on a per Subscriber basis.
`The user/Subscriber can independently set and adjust inde
`pendently the uplink and downlink bandwidths of their net
`work access service. Thus, the user/subscriber can efficiently
`manage their network access according to the specific activity
`on the network.
`For example, a user/subscriber can select a relatively high
`maximum bandwidth for the downlink connection when
`40
`accessing data-intensive content over the network, or a rela
`tively low bandwidth for the downlink connection when
`accessing less data-intensive content over the network. The
`change in bandwidth service level is automatically made Sub
`stantially instantaneously, and the user/Subscriber begins
`receiving service at the new bandwidth and, in most
`instances, at a corresponding new billing rate. Likewise, the
`user? subscriber can increase or decrease the bandwidth of the
`uplink connection so the user/subscriber only purchases the
`amount of bandwidth appropriate for their network activity.
`50
`In addition, the bandwidth manager provides active man
`agement of the delivery of data (also known as and referred to
`herein as traffic shaping) to increase throughput from the
`gateway device onto the network. This balances the load on
`the Subsequent link; thereby preventing dropped packets or
`longer delays.
`In one embodiment of the invention, a method is defined
`for dynamic control of data transfer (i.e. bandwidth) by a
`Subscriber in a communications network. The method com
`prises receiving a data packet at a network device, typically a
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`gateway device and retrieving a subscriber selected band
`width for the subscriber associated with the data packet. A
`determination is then made as to whether the transfer rate for
`data packet transmission should be limited based on the Sub
`scriber selected bandwidth. If it is determined that limitation
`is warranted then the transferrate for data packet transmission
`is limited.
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`4
`In another embodiment of the present invention, a method
`is defined for dynamic control of data transfer (i.e. band
`width) by a subscriber in a communications network. The
`method includes receiving a data packet and retrieving a
`Subscriber priority Scheme associated with the data packet. A
`priority determination is then made for transmitting the
`packet and the packet is queued for delayed transmission.
`In a further embodiment of the present invention, a device
`for Subscriberbandwidth management is defined as including
`a bandwidth management module that determines if a
`received data packet will be delayed from further transmis
`sion in order to limit the bandwidth of the subscriberto which
`the data packet is associated and a queue for queuing the data
`packet for a delay period if the bandwidth management mod
`ule determines that a delay period is necessary.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a block diagram of a communications network
`incorporating a gateway device in accordance with an
`embodiment of the present invention.
`FIG. 2 is a block diagram of a communications network
`implementing Subscriber bandwidth management within a
`gateway device, in accordance with an embodiment of the
`present invention.
`FIG. 3 is a block diagram of a communications network
`implementing uplink and downlink virtual queues in a gate
`way device, in accordance with an embodiment of the present
`invention.
`FIGS. 4A and 4B are related flowchart diagrams of a
`method for Subscriber bandwidth management in accordance
`with an embodiment of the present invention.
`FIG. 5 is a flowchart diagram of a method for determining
`bandwidth for data being transmitted from host to network
`service, in accordance with an embodiment of the present
`invention.
`FIG. 6 is a flowchart diagram of a method for determining
`bandwidth for data being transmitted from a network service
`to a host, in accordance with an embodiment of the present
`invention.
`FIG. 7 is a flowchart diagram of a method for scheduling
`data packets for delivery, in accordance with an embodiment
`of the present invention.
`
`DETAILED DESCRIPTION OF THE PREFERRED
`EMBODIMENT
`
`The present invention now will be described more fully
`hereinafter with reference to the accompanying drawings, in
`which preferred embodiments of the invention are shown.
`This invention may, however, be embodied in many different
`forms and should not be construed as limited to the embodi
`ments set forth herein; rather, these embodiments are pro
`vided so that this disclosure will be thorough and complete,
`and will fully convey the scope of the invention to those
`skilled in the art. Like numbers refer to like elements through
`Out.
`Referring now to FIG. 1, a communications network 10
`that includes agateway device 12 is depicted in block diagram
`form. The network system typically includes a plurality of
`computers/hosts 14 that access the system in order to gain
`access to network services or other online services. For
`example, the hosts can be in communication with ports that
`are located in different rooms of a hotel or a multi-dwelling
`residence. Alternatively, the hosts can be in communication
`with ports in an airport, an arena, or the like. The communi
`cation network also includes a gateway device that provides
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`5
`an interface between the plurality of hosts and the various
`networks or other online services. Most commonly, the gate
`way device is physically located proximate the hosts at a
`relatively low position in the structure of the overall network
`system. (i.e. the gateway device will be located within the
`hotel, multi-unit residence, airport, etc.) However, the gate
`way device can be located at a higher position in the overall
`network system such as at a Point of Presence (PoP) or a
`Network Operating Center (NOC), if so desired.
`Although the gateway device can be physically embodied
`in many different fashions, the gateway device typically
`includes a controller and a memory device in which com
`mands are stored that define the operational characteristics of
`the gateway device. Alternatively, the gateway device can be
`embedded within another network device. Such as an access
`concentrator or a router, or the commands that define the
`functioning of the gateway device can be stored on a PCM
`CIA card that can be executed by one or more hosts in order
`to automatically reconfigure the host(s) to communicate with
`a different network.
`The network system 10 also typically includes an access
`concentrator 16 positioned between the hosts 14 and the
`gateway device 12 for multiplexing the signals received from
`the plurality of communications onto a link to the gateway
`device. Depending upon the medium by which the hosts are
`connected to the access concentrator, the access concentrator
`can be configured in different manners. For example, the
`access concentrator can be a digital Subscriber line access
`module (DSLAM) for signals trans