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US6061722A Expired / Lapsed US ⏱️ 0.0 years remaining

Assessing network performance without interference with normal network operations

Assignee: T E NETWORKS Inc
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Filing: 1996-12-23
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Granted: 2000-05-09
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Expires: 2016-12-23
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Abstract

Abstract A system and method of measuring network performance and determining hardware characteristics without interference with normal network operations. Several indicators of computer and network performance are measured in order to determine whether a user's network communication is sufficient for desired operations, and in order to guide the user to the best zone or server for optimal performance. The system and method take into account factors such as latency; bandwidth; CPU performance; memory size of the client computer; and presence of other background or concurrent processes on the client computer. Where applicable, performance tests are repeated over a period of time in order to better estimate the trends and to better predict changes in performance characteristics over time.

Inventors

  • 👤 William J. Lipa
  • 👤 Howard L. Berkey
  • 👤 Derrick L. Pendleton

Bibliographic Details

Application Number —
Jurisdiction US
Data Source google_patents
Last Synchronized 2026-10-29 16:15
CPC Classifications
G; G06; G06F; G06F11/00; G06F11/30; G06F11/34; G06F11/3466; G06F11/3495; H; H04; H04L; H04L41/00; H04L41/22; H04L41/50; H04L41/5003; H04L41/5009; Y; Y10; Y10S; Y10S707/00; Y10S707/99931; Y10S707/99932

Claims Analysis

Total Claims: 37
Claim 1
Independent Claim 92 words
A method of assessing performance of a network communication in a computer network, comprising: (a) determining a performance quality metric of a network communication between a client and a server, based on at least one of a comparison of a client hardware characteristic with a hardware requirement, and a comparison of a concurrent and independent process executing on the client with a list of prohibited or permitted processes; and (b) responsive to the determined performance quality metric being greater than a predetermined threshold, permitting network operations between the client and the server.
Claim 2
Independent Claim 92 words
A method of assessing performance of a network communication in a computer network, comprising: (a) determining a performance quality metric of a network communication between a client and a server, based on at least one of a comparison of a client hardware characteristic with a hardware requirement, and a comparison of a concurrent and independent process executing on the client with a list of prohibited or permitted processes; and (b) responsive to the determined performance quality metric being greater than a predetermined threshold, permitting network operations between the client and the server.
Claim 3
Dependent Claim 35 words
The method of claim 1, further comprising: (c) responsive to the determined performance quality metric being less than a predetermined threshold, terminating at least a subset of network operations between the client and the server.
Claim 4
Dependent Claim 40 words
The method of claim 1, further comprising: (c) responsive to the determined performance quality metric being less than a predetermined threshold, selectively terminating at least one concurrent process executing on the client in order to improve the performance quality metric.
Claim 5
Dependent Claim 25 words
The method of claim 1 wherein (a) comprises: (a.1) transmitting a parameter list to the client; and (a.2) determining client compliance with the parameter list.
Claim 6
Dependent Claim 29 words
The method of claim 4, wherein: (a.1) comprises transmitting a list of hardware requirements to the client; and (a.2) comprises determining client compliance with the list of hardware requirements.
Claim 7
Dependent Claim 34 words
The method of claim 4, wherein: (a.1) comprises transmitting a list of prohibited client-based processes to the client; and (a.2) comprises determining whether the client is running any of the listed prohibited client-based processes.
Claim 8
Dependent Claim 35 words
The method of claim 4, wherein: (a.1) comprises transmitting a list of permitted client-based processes to the client; and (a.2) comprises determining whether the client is running any client-based processes not on the transmitted list.
Claim 9
Dependent Claim 64 words
The method of claim 1, wherein (a) comprises: (a.1) transmitting a parameter list to at least one server; (a.2) accepting input from a client requesting communication with a selected server; (a.3) transmitting the parameter list to the client; (a.4) determining client compliance with the parameter list; and (a.5) responsive to the client complying with the parameter list, connecting the client to the selected server.
Claim 10
Dependent Claim 34 words
The method of claim 1, further comprising: (c) establishing at least two ranges of performance quality and then classifying network communication performance into one of the ranges based on the determined performance quality metric.
Claim 11
Independent Claim 101 words
A method of assessing performance of a network communication in a computer network, comprising: (a) transmitting at least one ping packet across the network communication; (b) receiving at least one ping reply packet across the network communication; (c) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packer, whether each ping reply packet should be accepted or ignored; (d) measuring a transmission time of each accepted ping reply packet; and (e) determining a latency measurement of the network communication from the measured transmission times of accepted ping reply packets.
Claim 12
Independent Claim 101 words
A method of assessing performance of a network communication in a computer network, comprising: (a) transmitting at least one ping packet across the network communication; (b) receiving at least one ping reply packet across the network communication; (c) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packer, whether each ping reply packet should be accepted or ignored; (d) measuring a transmission time of each accepted ping reply packet; and (e) determining a latency measurement of the network communication from the measured transmission times of accepted ping reply packets.
Claim 13
Dependent Claim 34 words
The method of claim 10, further comprising: (f) responsive to the determined latency measurement being greater than a predetermined threshold, terminating at least a subset of network operations between the client and the server.
Claim 14
Dependent Claim 21 words
The method of claim 10, wherein (a) is performed concurrently with and independently of normal network operations using the network communication.
Claim 15
Dependent Claim 29 words
The method of claim 10, wherein (c) comprises: (c.1) reading a flag in each ping reply packet to determine whether the ping reply packer should be accepted or ignored.
Claim 16
Independent Claim 165 words
A method of assessing performance of a network communication in a computer network, comprising: (a) transmitting a plurality of ping packets across the network communication; (b) receiving at least one ping reply packet across the network communication; (c) for at least one ping reply packet, determining a delay factor, the delay factor corresponding to an elapsed time between receipt of a ping packet at a node and transmission of a corresponding ping reply packet from the node; (d) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether each ping reply packet should be accepted or ignored; (e) measuring a transmission time of at least one accepted ping reply packet; (f) adjusting the measured transmission time for the at least one accepted ping reply packet based on the determined delay factor; and (g) determining a latency measurement of the network communication from the adjusted measured transmission times of accepted ping reply packets.
Claim 17
Independent Claim 165 words
A method of assessing performance of a network communication in a computer network, comprising: (a) transmitting a plurality of ping packets across the network communication; (b) receiving at least one ping reply packet across the network communication; (c) for at least one ping reply packet, determining a delay factor, the delay factor corresponding to an elapsed time between receipt of a ping packet at a node and transmission of a corresponding ping reply packet from the node; (d) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether each ping reply packet should be accepted or ignored; (e) measuring a transmission time of at least one accepted ping reply packet; (f) adjusting the measured transmission time for the at least one accepted ping reply packet based on the determined delay factor; and (g) determining a latency measurement of the network communication from the adjusted measured transmission times of accepted ping reply packets.
Claim 18
Independent Claim 154 words
A method of assessing network performance in a computer network including a client and a server, comprising: (a) transmitting a ping packer to the client; (b) receiving a ping reply packer from the client; (c) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether the ping reply packet should be accepted or ignored; (d) responsive to the ping reply packet being accepted, measuring packet response time to determine a latency measurement; (e) repeating (a) through (d) until a predetermined number of packets have been processed; (f) responsive to the determined latency measurement indicating overall latency below a predetermined threshold, permitting further network operations between the client and the server; and (g) responsive to the determined latency measurement not indicating overall latency below a predetermined threshold, terminating at least a subset of further network operations between the client and the server.
Claim 19
Independent Claim 154 words
A method of assessing network performance in a computer network including a client and a server, comprising: (a) transmitting a ping packer to the client; (b) receiving a ping reply packer from the client; (c) determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether the ping reply packet should be accepted or ignored; (d) responsive to the ping reply packet being accepted, measuring packet response time to determine a latency measurement; (e) repeating (a) through (d) until a predetermined number of packets have been processed; (f) responsive to the determined latency measurement indicating overall latency below a predetermined threshold, permitting further network operations between the client and the server; and (g) responsive to the determined latency measurement not indicating overall latency below a predetermined threshold, terminating at least a subset of further network operations between the client and the server.
Claim 20
Dependent Claim 111 words
A computer network performance assessment system, comprising: at least one server for communication with a client over a computer network; and a communication assessment module coupled to the at least one server for determining a performance quality metric of a network communication between the at least one server and the client, based on at least one of a comparison of a client hardware characteristic with a hardware requirement and a comparison of a concurrent process executing on the client with a list of prohibited or permitted processes, and for, responsive to the determined performance quality metric being greater than a predetermined threshold, permitting network operations between the client and the server.
Claim 21
Dependent Claim 111 words
A computer network performance assessment system, comprising: at least one server for communication with a client over a computer network; and a communication assessment module coupled to the at least one server for determining a performance quality metric of a network communication between the at least one server and the client, based on at least one of a comparison of a client hardware characteristic with a hardware requirement and a comparison of a concurrent process executing on the client with a list of prohibited or permitted processes, and for, responsive to the determined performance quality metric being greater than a predetermined threshold, permitting network operations between the client and the server.
Claim 22
Dependent Claim 48 words
The system of claim 16, further comprising: a list server coupled to the at least one server, for transmitting a parameter list to the at least one server; and wherein the communication assessment module processes the parameter list to determine whether the client conforms to the parameter list.
Claim 23
Dependent Claim 15 words
The system of claim 17, wherein the parameter list comprises a list of hardware requirements.
Claim 24
Dependent Claim 34 words
The system of claim 17, wherein the parameter list comprises a list of prohibited client-based processes, and the communication assessment module determines whether the client is running any of the listed prohibited client-based processes.
Claim 25
Dependent Claim 35 words
The system of claim 17, wherein the parameter list comprises a list of permitted client-based processes, and the communication assessment module determines whether the client is running any client-based processes not on the transmitted list.
Claim 26
Dependent Claim 134 words
A computer network performance assessment system, comprising: at least one server group, each server group containing at least one server, each server for receiving and transmitting a parameter list; a list server coupled to the parameter list and to the at least one server, for reading a parameter list containing at least one hardware requirement and for transmitting the parameter list to the at least one server; a client coupled to the at least one server by a network communication, for receiving the parameter list; and at least one handler coupled to the client, for processing the parameter list to determine whether at least one client hardware characteristic conforms to the at least one hardware requirement; wherein the client selectively permits further network operations responsive to the results of the at least one handler.
Claim 27
Dependent Claim 134 words
A computer network performance assessment system, comprising: at least one server group, each server group containing at least one server, each server for receiving and transmitting a parameter list; a list server coupled to the parameter list and to the at least one server, for reading a parameter list containing at least one hardware requirement and for transmitting the parameter list to the at least one server; a client coupled to the at least one server by a network communication, for receiving the parameter list; and at least one handler coupled to the client, for processing the parameter list to determine whether at least one client hardware characteristic conforms to the at least one hardware requirement; wherein the client selectively permits further network operations responsive to the results of the at least one handler.
Claim 28
Dependent Claim 43 words
The system of claim 21, wherein the parameter list further contains a list of prohibited client-based processes, the system further comprising: at least one handler coupled to the client for determining whether the client is running any of the listed prohibited client-based processes.
Claim 29
Dependent Claim 46 words
The system of claim 21, wherein the parameter list further contains a list of permitted client-based processes, the system further comprising: at least one handler coupled to the client for determining whether the client is running any client-based processes not on the list of permitted processes.
Claim 30
Dependent Claim 119 words
A computer network performance assessment system, comprising: at least one server group, each server group comprising at least one server capable of communication with a client; a communication assessment module coupled to the at least one server for determining a performance quality metric of a network communication between the client and at least one server in each server group, based on at least one of a comparison of a client hardware characteristic with a hardware requirement, and a comparison of a concurrent process executing on the client with a list of prohibited or permitted processes; and a zone selection module coupled to the communication assessment module for selecting a preferred server group responsive to the determined performance quality metrics.
Claim 31
Dependent Claim 119 words
A computer network performance assessment system, comprising: at least one server group, each server group comprising at least one server capable of communication with a client; a communication assessment module coupled to the at least one server for determining a performance quality metric of a network communication between the client and at least one server in each server group, based on at least one of a comparison of a client hardware characteristic with a hardware requirement, and a comparison of a concurrent process executing on the client with a list of prohibited or permitted processes; and a zone selection module coupled to the communication assessment module for selecting a preferred server group responsive to the determined performance quality metrics.
Claim 32
Dependent Claim 82 words
The system of claim 24, wherein the communication assessment module comprises: a ping reply device coupled to the server, for receiving at least one ping packet and transmitting at least one ping reply packet; a ping reply receiver coupled to the client, for receiving each transmitted ping reply packet and measuring a transmission time for the ping reply packet; and a latency estimating module coupled to the ping reply receiver, for estimating latency of the network communication from the measured transmission time.
Claim 33
Dependent Claim 82 words
The system of claim 24, wherein the communication assessment module comprises: a ping reply device coupled to the client, for receiving at least one ping packet and transmitting at least one ping reply packet; a ping reply receiver coupled to the server, for receiving each transmitted ping reply packet and measuring a transmission time for the ping reply packet; and a latency estimating module coupled to the ping reply receiver, for estimating latency of the network communication from the measured transmission time.
Claim 34
Dependent Claim 126 words
A computer network performance assessment system, comprising: at least one server capable of communication with a client over a network communication; a ping transmitter for transmitting at least one ping packet across the network communication; a ping receiver for receiving at least one ping reply packet across the network communication; a ping validator coupled to the ping receiver for determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether each ping reply packet should be accepted or ignored; and a latency measurement device for measuring a transmission time of each accepted ping reply packet and determining a latency measurement of the network communication from the measured transmission times of accepted ping reply packets.
Claim 35
Dependent Claim 126 words
A computer network performance assessment system, comprising: at least one server capable of communication with a client over a network communication; a ping transmitter for transmitting at least one ping packet across the network communication; a ping receiver for receiving at least one ping reply packet across the network communication; a ping validator coupled to the ping receiver for determining, based on an indication of a hardware characteristic or a concurrent process affecting the ping packet or the ping reply packet, whether each ping reply packet should be accepted or ignored; and a latency measurement device for measuring a transmission time of each accepted ping reply packet and determining a latency measurement of the network communication from the measured transmission times of accepted ping reply packets.
Claim 36
Dependent Claim 24 words
The system of claim 27, wherein each ping reply packet comprises a flag specifying whether the ping reply packet should be accepted or ignored.
Claim 37
Dependent Claim 61 words
The system of claim 27, wherein: each ping reply packet comprises a field specifying a delay factor, the delay factor corresponding to an elapsed time between receipt of a ping packet at a node and transmission of a corresponding ping reply packet from the node; and the latency measurement device adjusts the measured transmission time based on the specified delay factor.

USPTO Annuity & Maintenance Windows

Annuity Stage Window Opens Payment Deadline Surcharge Period Until Estimated Fee Status
3.5 Years (Year 4) 2003-05-09 2003-11-08 2004-05-09 $2000.00 Window Closed / Lapsed
7.5 Years (Year 8) 2007-05-09 2007-11-08 2008-05-09 $3760.00 Window Closed / Lapsed
11.5 Years (Year 12) 2011-05-09 2011-11-08 2012-05-09 $7700.00 Window Closed / Lapsed

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