Prosecution Insights
Last updated: July 17, 2026
Application No. 17/876,290

Methods and Systems for Communication Optimization

Final Rejection §102§103
Filed
Jul 28, 2022
Examiner
AHMED, ABDULLAHI
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
Comcast Cable Communications LLC
OA Round
4 (Final)
86%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
454 granted / 530 resolved
+27.7% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
549
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
72.4%
+32.4% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 530 resolved cases

Office Action

§102 §103
DETAILED ACTION Response to Amendment The amendment filed on 03/30/2026 has been entered Claims 1-26 are pending. Claims 1-26 are rejected. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-6, 9, 10, 12, and 14-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeunen et al. (US Publication 2022/0408441). With respect to claims 1, Jeunen teaches A method comprising: receiving, by a computing device, measurement data associated with a plurality of access points (APs); (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) determining, based on the received measurement data, an interference Pattern indicative of AP utilization information (In order to compute the activity-based distance, a usage of the communication medium, i.e. the m frequency channels are monitored by the communication device 11. The different access points forward information collected by their controlling module 109 to the controlling module 1108 of the communication device 11 which processes them. For example, the usage of the communication module is monitored for a week and is then discretized into slots of fifteen minutes, paragraph 91) and AP scan information for the plurality of APs; (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) and causing, based on the interference pattern, an allocation of a plurality of frequencies for use by the plurality of APs. (where u.sub.i is the use pattern of the communication medium up to the previous week, u.sub.new is the use pattern of the communication medium of the previous week, u.sub.i+1 is an updated pattern and, 0≤α≤1 is the learning rate indicating whether there should be an emphasis on either new or historical data, Paragraph 94. Once the activity-based distance has been computed, the processor 1101 determines the frequency channel allocation scheme for the considered set of neighboring access point SET1, paragraph 95. Steps 403 to 406 are executed until there are no more access points causing interference to each other in the whole building B, paragraph 101) With respect to claims 2, 16, and 22, Jeunen teaches wherein the measurement data is received at predetermined intervals. (the usage of the communication module is monitored for a week and is then discretized into slots of fifteen minutes, Paragraph 91) With respect to claims 3, 17, and 23, Jeunen teaches wherein the measurement data is received over a predetermined period of time. (the usage of the communication module is monitored for a week and is then discretized into slots of fifteen minutes, Paragraph 91) With respect to claims 4, 18, and 24, Jeunen teaches wherein the measurement data comprises one or more of a percentage of time each AP uses each frequency of the plurality of frequencies, each time period of a plurality of time periods each AP uses each frequency, an amount of time each AP uses each frequency, a signal strength associated with a radio signal of each AP, or information indicative of each AP that can detect a radio signal of another AP of the plurality of APs. (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) With respect to claim 5, Jeunen teaches wherein the AP utilization information comprises a percentage of time each frequency of the plurality of frequencies is used by each AP, (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) and wherein the AP scan information comprises information indicative of each AP that can detect a radio signal of another AP of the plurality of APs. (The communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) With respect to claim 6, Jeunen teaches wherein causing, based on the interference pattern, the allocation of the plurality of frequencies for use by the plurality of APs comprises causing, based on a comparison of a percentage of time each frequency of the plurality of frequencies is used by each AP and information indicative of each AP that can detect a radio signal of another AP of the plurality of APs. (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) With respect to claim 9, Jeunen teaches wherein causing, based on the interference pattern, the allocation of the plurality of frequencies for use by of the plurality of APs comprises: determining one or more input parameters for a network; determining, based on the one or more input parameters for the network, a soft allocation of the plurality of frequencies for use by the plurality of APs; determining, based on the interference pattern and the soft allocation of the plurality of frequencies for use by the plurality of APs, an interference value associated with the plurality of APs; and determining, based on the interference value, the allocation of the plurality of frequencies for use by each AP of the plurality of APs. (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) With respect to claims 10, Jeunen teaches wherein the one or more input parameters comprise one or more dummy scalar parameters. (Once the activity-based distance has been computed, the processor 1101 determines the frequency channel allocation scheme for the considered set of neighboring access point SET1 during step 404, paragraph 95) With respect to claim 12, Jeunen teaches wherein the interference value associated with the plurality of APs comprises one or more of a total interference value associated with the plurality of APs or a maximum interference value associated with the plurality of APs. (F(D, C) sum all the APs, paragraph 96) With respect to claim 14, Jeunen teaches wherein causing the allocation of the plurality of frequencies for use by the plurality of APs comprises causing each AP to use a frequency of the plurality of frequencies. (This constraint is introduced to ensure that every access point in the set of neighboring access point gets allocated one frequency channel, paragraph 98) With respect to claim 15, Jeunen teaches A method comprising: receiving, by a computing device, measurement data associated with a plurality of access points (APs); (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) determining, based on the received measurement data, an interference pattern indicative of AP utilization information (In order to compute the activity-based distance, a usage of the communication medium, i.e. the m frequency channels are monitored by the communication device 11. The different access points forward information collected by their controlling module 109 to the controlling module 1108 of the communication device 11 which processes them. For example, the usage of the communication module is monitored for a week and is then discretized into slots of fifteen minutes, paragraph 91) and AP scan information for the plurality of APs; (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) and causing, based on the interference pattern, at least two APs of the plurality of APs to use a frequency of a plurality of frequencies. (where u.sub.i is the use pattern of the communication medium up to the previous week, u.sub.new is the use pattern of the communication medium of the previous week, u.sub.i+1 is an updated pattern and, 0≤α≤1 is the learning rate indicating whether there should be an emphasis on either new or historical data, Paragraph 94. Once the activity-based distance has been computed, the processor 1101 determines the frequency channel allocation scheme for the considered set of neighboring access point SET1, paragraph 95. Steps 403 to 406 are executed until there are no more access points causing interference to each other in the whole building B, paragraph 101) With respect to claim 19, Jeunen teaches wherein the AP utilization information comprises a percentage of time each frequency of the plurality of frequencies is used by each AP, (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) and the AP scan information comprises information indicative of each AP of the plurality of APs that cannot detect a radio signal of another AP of the plurality of APs. (The communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) With respect to claim 20, Jeunen teaches wherein causing, based on the interference pattern, the at least two APs of the plurality of APs to use a frequency of the plurality of frequencies comprises: determining, based on the interference pattern, an AP of the at least two APs cannot detect a radio signal of another AP of the at least two APs; and causing, based on the AP of the at least two APs not detecting the radio signal of another AP of the at least two APs, the at least two APs of the plurality of APs to use the frequency of the plurality of frequencies. (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) With respect to claim 21, Jeunen teaches A method comprising: receiving, by a computing device, measurement data associated with a plurality of access points (APs); (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) determining, based on the received measurement data, an interference Pattern indicative of AP utilization information (In order to compute the activity-based distance, a usage of the communication medium, i.e. the m frequency channels are monitored by the communication device 11. The different access points forward information collected by their controlling module 109 to the controlling module 1108 of the communication device 11 which processes them. For example, the usage of the communication module is monitored for a week and is then discretized into slots of fifteen minutes, paragraph 91) and AP scan information for the plurality of APs; (the communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) and causing, based on the interference pattern, each AP of the plurality of APs to use a frequency of a plurality of frequencies for at least one time period of a plurality of time periods. (where u.sub.i is the use pattern of the communication medium up to the previous week, u.sub.new is the use pattern of the communication medium of the previous week, u.sub.i+1 is an updated pattern and, 0≤α≤1 is the learning rate indicating whether there should be an emphasis on either new or historical data, Paragraph 94. Once the activity-based distance has been computed, the processor 1101 determines the frequency channel allocation scheme for the considered set of neighboring access point SET1, paragraph 95. Steps 403 to 406 are executed until there are no more access points causing interference to each other in the whole building B, paragraph 101) With respect to claim 25, Jeunen teaches wherein the AP utilization information comprises information indicative of each time period of the plurality of time periods each AP uses the Internet, (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) and wherein the AP scan information comprises information indicative of each AP that can detect a radio signal of another AP of the plurality of APs. (The communication device 11 receives through the network interface 1107 and for each access point 1-10, a list of the neighboring access points, also called a scanlist. Such a list comprises an identifier of the access points 1-10 from which a given access point can receive beacon messages together with their RSSI, paragraph 79.) With respect to claim 26, Jeunen teaches wherein causing, based on the interference Pattern, each AP to use a frequency of the plurality of frequencies for the at least one time period of the plurality of time periods comprises causing, based on the interference Pattern, each AP to use a frequency of the plurality of frequencies for the at least one time period of the plurality of time periods that is not used by another AP of the plurality of APs during the at least one time period. (The goal behind this approach is to minimize a time overlap in the use of the communication medium by access points, for example, an access point using the communication medium during evening hours may share the communication medium, i.e. the same frequency channel, with an access point using the communication medium during office hours because the time overlap in the use of the communication medium is small, Paragraph 93) Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness Claim 13 is rejected under 35 U.S.C. 103(a) as being unpatentable over Jeunen et al. (US Publication 2022/0408441) in view of Kim et al. (US Publication 2023/0189071). With respect to claim 13, Jeunen doesn’t teach wherein the network comprises a neural network. Kim teaches wherein the network comprises a neural network. (Learning an artificial neural network may be intended to determine a model parameter for minimizing a loss function. The loss function may be used as an index for determining an optimal model parameter in a process of learning the artificial neural network, Paragraph 388) Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to implement system of Jeunen with the network comprises a neural network as taught by Kim. The motivation for combining Jeunen and Kim is to be able to improve load balancing. Allowable Subject Matter Claims 7, 8, and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant’s arguments with respect to claims 1-26 have been considered but are moot because the arguments do not apply to the new grounds of rejection. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication from the examiner should be directed to ABDULLAHI AHMED whose telephone number is (571) 270-3652. The examiner can normally be reached on M-F 8:00AM-4:30PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khalid Kassim can be reached on 571-270-3370. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABDULLAHI AHMED/Examiner, Art Unit 2475
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Prosecution Timeline

Show 4 earlier events
Apr 04, 2025
Response Filed
Jun 13, 2025
Final Rejection mailed — §102, §103
Aug 07, 2025
Interview Requested
Aug 21, 2025
Request for Continued Examination
Aug 28, 2025
Response after Non-Final Action
Dec 30, 2025
Non-Final Rejection mailed — §102, §103
Mar 30, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
86%
Grant Probability
88%
With Interview (+1.9%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 530 resolved cases by this examiner. Grant probability derived from career allowance rate.

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