So to be clear, the EP patent seeks to obtain a 20-year monopoly on:
This claim has been well crafted and is highly generalised. It is satisfied by anything that fulfils all of the requirements. Determining 'performance measurements' is highly general and not limited to speed tests. It may be argued that 'performance measurements' include ICMP measurements.
I object to the breadth of this claim because it seeks to cover simply offloading computation of QoS particulars to a remote server - client conducts performance measurements, those are sent to remote server, and remote server determines QoS values based on those measurements, which are then sent to client for application by the client.
Yes I think this is the key point; this is not what we have implemented and been working on because rather we have the QoS calculations carried out by the client, and not by the server.
But are there not situations in which such offloading of the QoS calculations to remote server is desirable - or do you think this would never be of interest? I am guessing, but I suppose this is of interest to Evenroute because it means they can set up a subscription model in which user must pay for the router and then also pay to retain access to the server that performs the QoS calculations (and the QoS calculation code can be remotely updated and tweaked).
Generally speaking it is in the public interest to ensure patents that get granted are not overly broad, and if we know about strong prior art it will help ensure the resulting patent secures a more focused monopoly that is more valid.
Do you know whether any of those comprise QoS determinations undertaken at the remote end based on performance measurements by client, which are then sent to client, and applied at client?
In the case of WiFi, is there a sense in which server calculates rate specifics based on performance measurements undertaken by client, then sends those rate specifics to client, which applies them?
This 2012 Microsoft publication looks pretty promising as a novelty knockout:
The QOS client applications 216 monitor the communications of their corresponding computers 210 and measure QOS performance levels related to the communications 106 from their computers 210. For instance, as a communication 106 leaves (or arrives at) a particular computer 210, the QOS client application 216 measures various QOS performance levels related to the communication 106. Network performance levels such as latency, packet loss rate, transmission rate, bandwidth, etc. represent some of the QOS performance levels which the QOS client applications 216 measure.
The QOS client applications 216 also store the measured QOS performance levels in conjunction with the time, date, communication path involved, and other information pertinent to the communications 106. The QOS client applications 216 can submit the measured QOS performance levels to the QOS server application 214 as soon as the measurement occurs. In the alternative, the QOS client applications 216 can wait to submit that information. For instance, the QOS client applications 216 can wait to submit the information until they have measured some selected number of QOS performance levels; until they have monitored some selected number of communications 106; or until they have measured QOS performance levels for some selected number of communication paths (to name but a few of many possibilities).
With further reference to FIG. 3, the path assembly component 312 receives the query responses 308 from the QOS server application 214 . Moreover, the path assembly component 312 parses those query responses 308 to identify QOS performance levels for the individual path segments 220 , 222 , 224 , 226 , 228 , and 230 which might be of interest to the entities 212 within the computer 210 . The path assembly component 312 , upon detecting that an outgoing communication 106 has been created, examines the determined QOS performance levels that might be useful for routing the outgoing communication 106 to select an overall communication path suitable for that communication 106 . For instance, the communication can be routed on an optimal communication path for that communication.