# US 11,444,863 B2 · Leveraging actual cable network usage > Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt - Number: US 11,444,863 B2 - Document ID: US11444863B2 - Status: Granted - Kind: B2 - Application number: 17/206,672 - Filed: 2021-03-19 - Published: 2021-09-23 - Granted: 2022-09-13 - Earliest claimed: 2020-03-20 - Assignees: Harmonic, Inc. - Applicants: Harmonic, Inc. - Inventors: William Moore Macauley - Web page: https://patentgrep.com/patent/US11444863B2 ## CPC - H04L 43/0894: Packet rate - H04L 12/2801: {Broadband local area networks} - H04L 43/0847: {Transmission error} - H04L 43/103: with adaptive polling, i.e. dynamically adapting the polling rate - H04L 43/50: Testing arrangements - H04L 47/263: Rate modification at the source after receiving feedback - H04L 47/38: by adapting coding or compression rate - H04L 65/403: Arrangements for multi-party communication, e.g. for conferences (data switching systems for conference H04L12/18; arrangements for connecting several subscribers to a common circuit, i.e. affording conference facilities H04M3/56; television conferencing systems H04N7/15) - H04N 7/15: Conference systems - H04N 21/6118: {involving cable transmission, e.g. using a cable modem} - H04N 21/6168: {involving cable transmission, e.g. using a cable modem} - H04L: TRANSMISSION OF DIGITAL INFORMATION, e.g. TELEGRAPHIC COMMUNICATION (arrangements common to telegraphic and telephonic communication H04M) - H04N: PICTORIAL COMMUNICATION, e.g. TELEVISION ## Abstract Determining a bit rate at which to deliver a packet stream over a network link. An origin device transmits over the network link unsolicited data packets to a destination device while contemporaneously transmitting over the network link a first packet stream encoded at an initial bit rate to the destination device. The origin device may be, but need not be, a content delivery network (CDN) edge node and the destination device may be, but need not be, a cable modem (CM). The origin device determines whether the network link supports delivering a second packet stream in lieu of the first packet stream encoded at a higher bit rate based, at least in part, on an amount of retransmission requests the origin device receives for packets in the first packet stream from the destination device. ## Claims ### Claim 1 A non-transitory computer-readable storage medium storing one or more sequences of instructions, which when executed by one or more processors, cause: determining a bit rate at which to deliver a packet stream over a network link by: (a) an origin device transmitting over the network link unsolicited data packets to a destination device while contemporaneously transmitting over the network link a first packet stream encoded at an initial bit rate to the destination device, wherein said unsolicited data packets are sent for purposes of placing a measurable load upon the network link and are dropped by the destination device for being unneeded, and (b) the origin device determining whether the network link supports delivering a second packet stream in lieu of said first packet stream, wherein said second packet stream is encoded at a new bit rate, higher than said initial bit rate, which is based on an amount of retransmission requests the origin device receives for packets in said first packet stream from said destination device. ### Claim 2 (depends on 1) The non-transitory computer-readable storage medium of claim 1, wherein said origin device is a content delivery network (CDN) edge node, and wherein said destination device is a cable modem (CM). ### Claim 3 (depends on 1) The non-transitory computer-readable storage medium of claim 1, wherein said origin device operates at a cable headend, and wherein said destination device is a content delivery network (CDN) edge node. ### Claim 4 (depends on 1) The non-transitory computer-readable storage medium of claim 1, wherein said origin device and said destination device both execute video conference software, and wherein said video conference software determines, for said destination device, the new bit rate, and wherein the new bit rate is employed by said video conference software in transmitting video streams over said network link to said destination device. ### Claim 5 (depends on 1) The non-transitory computer-readable storage medium of claim 1, wherein said first packet stream is transmitted using one or more of Transmission Control Protocol (TCP) and User Datagram Protocol (UDP). ### Claim 6 An apparatus for determining a bit rate at which to deliver a packet stream over a network link, comprising: one or more processors; and one or more non-transitory computer-readable storage mediums storing one or more sequences of instructions, which when executed, cause: an origin device transmitting over the network link unsolicited data packets to a destination device while contemporaneously transmitting over the network link a first packet stream encoded at an initial bit rate to the destination device, wherein said unsolicited data packets are sent for purposes of placing a measurable load upon the network link and are dropped by the destination device for being unneeded, and the origin device determining whether the network link supports delivering a second packet stream in lieu of said first packet stream, wherein said second packet stream is encoded at a new bit rate, higher than said initial bit rate, which is based on an amount of retransmission requests the origin device receives for packets in said first packet stream from said destination device. ### Claim 7 (depends on 6) The apparatus of claim 6, wherein said origin device is a content delivery network (CDN) edge node, and wherein said destination device is a cable modem (CM). ### Claim 8 (depends on 6) The apparatus of claim 6, wherein said origin device operates at a cable headend, and wherein said destination device is a content delivery network (CDN) edge node. ### Claim 9 (depends on 6) The apparatus of claim 6, wherein said origin device and said destination device both execute video conference software, and wherein said video conference software determines, for said destination device, the new bit rate, and wherein the new bit rate is employed by said video conference software in transmitting video streams over said network link to said destination device. ### Claim 10 (depends on 6) The apparatus of claim 6, wherein said first packet stream is transmitted using one or more of Transmission Control Protocol (TCP) and User Datagram Protocol (UDP). ### Claim 11 A method for determining a bit rate at which to deliver a packet stream over a network link, comprising: an origin device transmitting over the network link unsolicited data packets to a destination device while contemporaneously transmitting over the network link a first packet stream encoded at an initial bit rate to the destination device, wherein said unsolicited data packets are sent for purposes of placing a measurable load upon the network link and are dropped by the destination device for being unneeded, and the origin device determining whether the network link supports delivering a second packet stream in lieu of said first packet stream, wherein said second packet stream is encoded at a new bit rate, higher than said initial bit rate, which is based on an amount of retransmission requests the origin device receives for packets in said first packet stream from said destination device. ### Claim 12 (depends on 11) The method of claim 11, wherein said origin device is a content delivery network (CDN) edge node, and wherein said destination device is a cable modem (CM). ### Claim 13 (depends on 11) The method of claim 11, wherein said origin device operates at a cable headend, and wherein said destination device is a content delivery network (CDN) edge node. ### Claim 14 (depends on 11) The method of claim 11, wherein said origin device and said destination device both execute video conference software, and wherein said video conference software determines, for said destination device, the new bit rate, and wherein the new bit rate is employed by said video conference software in transmitting video streams over said network link to said destination device. ### Claim 15 (depends on 11) The method of claim 11, wherein said first packet stream is transmitted using one or more of Transmission Control Protocol (TCP) and User Datagram Protocol (UDP).