Appeal 2007-1410
Application 09/811,038
FF 6. Kalmanek’s teaching that a calling party subscribes for a service meets
Appellants’ concept of “user information,” such as user rights. Elsewhere,
Kalmanek explains his use of “subscriptions,” in that “gate controllers can
… authorize requests for service so that communication services and certain
service features are only provided to authorized subscribers” (FF 7).
Contrary to the Examiner’s position, therefore, these cited sections of
Kalmanek do not illustrate a step of determining whether a network has
sufficient capacity to handle the quality of service requested, but rather
authenticating whether the requesting user has the appropriate level of
authorization.
Within the body of the rejection, the Examiner also refers to
Kalmanek (col. 10, l. 47 – col. 11, l. 2) as teaching determination of network
capacity. First, this section does not show that the determination occurs in
response to a successful user validation. Second, the section does discuss, in
generalities, that resource management is needed because network edge
devices may not have sufficient processing capacity to process a large
number of reservation messages (FF 8), but it does not disclose actually
assessing whether or not the capacity of the network is sufficient to meet the
requirements of the current reservation request. Kalmanek teaches that in
some embodiments, resource reservation includes transmitting a reservation
request to an originating network edge device, and receiving back an
acknowledgement of that request (FF 9). Reception of the
acknowledgement occurs after availability of adequate bandwidth for the
call over the access networks and communications network is confirmed
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