Prosecution Insights
Last updated: August 12, 2026
Application No. 18/341,637

Sustainable Configuration Generation Based On Network Speed and Client Demand

Non-Final OA §103
Filed
Jun 26, 2023
Examiner
ZHANG, ZHENSHENG
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
Cisco Technology Inc.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
304 granted / 399 resolved
+18.2% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
26 currently pending
Career history
430
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
76.2%
+36.2% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 399 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/4/2026 has been entered. Response to Arguments Applicant’s arguments regarding the 103 rejection have been carefully considered and they are not persuasive. The combination of Bowser, Hino and Zhang teaches each and every limitation in the amended claims. Detailed response can be found in the 103 rejection of claim 1. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bowser (US 20110280170) in view of Hino (US 20060109839) further in view of Zhang (US 20230239784). Regarding claim 1, Bowser discloses a device, comprising: a processor; a memory communicatively coupled to the processor; a network interface controller configured to be in communication with a network switch via an ethernet connection ([0066-67]); a plurality of transceivers configured to provide wireless network access to a plurality of clients wherein each of the plurality of clients has an associated throughput ([0042-44][0123], the data may include the number of associated clients, as well as throughput, data rate), and a dynamic power saving logic ([0042-44]), configured to: determine an ethernet connection speed; adjust the plurality of device transceivers in response to the determined ethernet connection speed ([0111], Ethernet PHY 3202 may renegotiate/adjust a lower power link speed with the controller (after determining the current Ethernet speed)); inspect the client throughput for each of the plurality of clients ([0123][0130], data may include the number of associated clients, as well as throughput for each associated client); Bowser do not explicitly disclose adjust the plurality of device transceivers by powering down one or more of the plurality of device transceivers in response to the determined ethernet connection speed being less than a total wireless throughput capacity speed capable by the plurality of device transceivers operating in a full power state, thereby matching a combined wireless throughput capacity of the device to the determined ethernet connection speed; Hino discloses adjust the plurality of device transceivers by powering down one or more of the plurality of device transceivers in response to the determined ethernet connection speed being less than a total wireless throughput capacity speed capable by the plurality of device transceivers operating in a full power state, thereby matching a combined wireless throughput capacity of the device to the determined ethernet connection speed (Hino, fig. 7, step 542, comparing the current number of connections requiring service with the maximum number of connections allowed (or determined) to see if the determined Internet speed (which is equivalent to the maximum number of connections allowed) is less than a total wireless throughput capacity speed capable by the plurality of device transceivers operating in a full power state (or equivalently, the current number of connections requiring service). Here, one can assume that each connection is capable of transmitting data at one unit of speed, e.g., a full speed of 1Gbps, based on the Ethernet speed determined, one can compute the maximum member of connections allowed (dividing the determined Ethernet speed by the unit speed of the connection). That is, if the maximum member of connections allowed is less than the total current member of requiring connections, then the determined Ethernet speed is less than the total speed capable by all the devices at full power state, steps 547-548, shut down some connections or turn off some transceivers, so that the total speed capable by the selected devices at full power state matches the determined Ethernet speed. Note, a wireless connection is normally connected via transceivers, turning off a transceiver is turning off a wireless connection). It would have been obvious to a person of ordinary skill in the art before the time of effective filing to combine the teachings of power saving in communication networks as given by Bowser with the teachings of shutting power based on measured network conditions given by Hino. The motivation for doing so would have been to save energy. Bowser and Hino do not explicitly disclose compare the inspected client throughput against a first predetermined threshold; and shut down a transceiver, in response to the inspected client throughput being below the first predetermined threshold. Zhang discloses compare the inspected client throughput against a first predetermined threshold; and shut down a transceiver, in response to the inspected client throughput being below the first predetermined threshold (Zhang, [0032], if throughput is below a certain threshold in a time period (for example, during the night of a working day), part of network-side resources may be turned off in this time period to save energy). It would have been obvious to a person of ordinary skill in the art before the time of effective filing to combine the teachings of power saving in communication networks as given by Bowser with the teachings of adjusting power based on threshold given by Zhang. The motivation for doing so would have been to save energy. Claims 13 and 14 are rejected similarly noting that Bowser discloses operating in the 2.4Ghz or 5Ghz frequency bands. Regarding claim 2, Bowser, Hino and Zhang disclose the device of claim 1, wherein the ethernet connection speed is a negotiated ethernet link speed between the device and the network switch (Bowser, [0111], Ethernet PHY 3202 may renegotiate/adjust a lower power link speed with the controller or the network switch). Regarding claim 3, Bowser, Hino and Zhang disclose the device of claim 2, wherein the dynamic power saving logic is further configured to: access a total speed of the plurality of transceivers; and compare the negotiated ethernet link speed against the total speed of the plurality of transceivers (Bowser, [0111][0130], Ethernet PHY 3202 may renegotiate/adjust a lower power link speed with the controller (after determining the current ethernet speed)). Regarding claim 4, Bowser, Hino and Zhang disclose the device of claim 3, wherein the adjustment of the plurality of device transceivers comprises powering down one or more of the transceivers in response to the negotiated ethernet link speed being less than the total speed of the plurality of transceivers (Bowser, [0111][0130], Ethernet PHY 3202 may renegotiate/adjust a lower power link speed with the controller (after determining the current ethernet speed; Zhang, [0032], if throughput is below a certain threshold in a time period (for example, during the night of a working day), part of network-side resources may be turned off in this time period to save energy. Hino, fig. 7). Regarding claim 5, Bowser, Hino and Zhang disclose the device of claim 4, wherein the adjustment of the plurality of device transceivers is also based on client preference data (Bowser, [0100], a user interface may be provided at the controller to enable a network administrator to select thresholds. Thresholds may be selected to balance desired network performance with power savings, [0094], it is usually desirable for a client to link to a closer AP where SNR will be lower and, consequently, data rates and throughput will be higher). Regarding claim 6, Bowser, Hino and Zhang disclose the device of claim 5, wherein the client preference data comprises at least one preferred energy band of wireless network connection (Bowser, [0068], the user can choose 2.4Ghz or 5Ghz band). Regarding claim 7, Bowser, Hino and Zhang disclose the device of claim 1, wherein determining the ethernet connection speed is based on at least a number of associated clients or the client throughput (Bowser, [0100], load threshold (or related to connection speed) can be triggered by the number of clients; Zhang, [0032], if throughput is below a certain threshold, part of network-side resources may be turned off or the connection speed is reduced to zero to save energy. Hino, fig. 7). Regarding claim 8, Bowser, Hino and Zhang disclose the device of claim 1, wherein the dynamic power saving logic is further configured to shut down a processor, in response to the inspected client throughput being below the first predetermined threshold (Zhang, [0032], if throughput is below a certain threshold in a time period (for example, during the night of a working day), part of network-side resources may be turned off in this time period to save energy. Hino, fig. 7). Regarding claim 9, Bowser, Hino and Zhang disclose the device of claim 8, wherein the first predetermined threshold is determined by accessing a look-up table (This is considered as minor implementation details: determining the threshold using values in a searchable look-up table is within the scope of the skilled person's customary practice. For example, one can modify Table 4, taught by Zhang, the first column being the predetermined threshold). Regarding claim 10, Bowser, Hino and Zhang disclose the device of claim 9, wherein the look-up table contains a plurality of entries associated with the inspected client throughput (This is considered as minor implementation details: including the inspected threshold in a searchable look-up table is within the scope of the skilled person's customary practice. For example, one can modify Table 4, taught by Zhang, the second column being the inspected client throughput). Regarding claim 11, Bowser, Hino and Zhang disclose the device of claim 10, wherein the plurality of entries within the look-up table has an associated number of processors to operate (This is considered as minor implementation details: including the number of processors in a searchable look-up table is within the scope of the skilled person's customary practice. For example, one can modify Table 4, taught by Zhang, the third column being the number of processors available. Hino, fig. 7). Regarding claim 12, Bowser, Hino and Zhang disclose the device of claim 1, wherein the dynamic power saving logic is further configured to: monitor the plurality of clients being provided wireless network access; compare the monitored plurality of clients against a second predetermined threshold; and power on a transceiver, in response to the monitored plurality of clients exceeding the second predetermined threshold (Bowser, [0099], monitor clients; [0125-26], if the load on a first access point exceeds a predefined threshold, an adjacent access point may be activated; adjacent access points are activated to determine if the client can receive better throughput with one of the adjacent access points; Zhang, [0032], the energy-consumption influencing factor data may be used for the subsequent decision-making on the energy-saving strategy and includes factors such as the number of users, throughput. Hino, fig. 7). Regarding claim 15, Bowser, Hino and Zhang disclose the device of claim 14, wherein the adjustment of the plurality of transceivers includes powering off the frequency band in response to each of the inspected plurality of clients not utilizing the frequency band (Bowser, [0049][0068][0092], a lightly loaded controller will enter a power save mode; Zhang, [0032], if throughput is below a certain threshold in a time period, part of network-side resources may be turned off in this time period to save energy. Hino, fig. 7). . Regarding claim 16, Bowser, Hino and Zhang disclose the device of claim 15, wherein the dynamic power saving logic is further configured to: access client preference data associated with the frequency band; and retain power to the frequency band based on the accessed client preference data (Bowser, [0100], a user interface may be provided at the controller to enable a network administrator to select thresholds. Thresholds may be selected to balance desired network performance with power savings, [0094], it is usually desirable for a client to link to a closer AP where SNR will be lower and, consequently, data rates and throughput will be higher). Regarding claim 17, Bowser, Hino and Zhang disclose the device of claim 14, wherein the dynamic power saving logic is further configured to: steer one or more clients associated with the frequency band toward a different frequency band; and power off the frequency band in response to the steering of the associated clients being completed (Zhang, [0043], handover from one cell (using one frequency band) to another cell (using a different frequency band; [0032], if throughput is below a certain threshold in a time period, part of network-side resources may be turned off in this time period to save energy). Regarding claim 18, Bowser, Hino and Zhang disclose the device of claim 17, wherein the dynamic power saving logic is further configured to: access client preference data associated with the frequency band; and retain power to the frequency band based on the accessed client preference data (Bowser, [0100], a user interface may be provided at the controller to enable a network administrator to select thresholds. Thresholds may be selected to balance desired network performance with power savings, [0094], it is usually desirable for a client to link to a closer AP where SNR will be lower and, consequently, data rates and throughput will be higher). Regarding claim 19, Bowser, Hino and Zhang disclose the device of claim 18, wherein the steering of the one or more clients associated with the frequency band occurs in response to a number of clients associated with the frequency band is below a third predetermined threshold (Zhang, [0043], handover from one cell (using one frequency band) to another cell (using a different frequency band; [0032], the energy-consumption influencing factor data may be used for the subsequent decision-making on the energy-saving strategy and includes factors such as the number of users, throughput; if throughput is below a certain threshold in a time period, part of network-side resources may be turned off in this time period to save energy). Regarding claim 20, Bowser, Hino and Zhang disclose the device of claim 19, wherein the steering of the one or more clients occurs across a second device, such that the frequency band of the one or more clients is retained when steered to the second device (Zhang, [0043], handover from one cell to another cell. Note, it is a common procedure to retain the current connection using the frequency band during handover (or before the handover is completed)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENSHENG ZHANG whose telephone number is (571)270-1985. The examiner can normally be reached Monday-Thursday 8:00am-6:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at 571-272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474
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Prosecution Timeline

Show 5 earlier events
Dec 04, 2025
Final Rejection mailed — §103
Feb 19, 2026
Applicant Interview (Telephonic)
Feb 19, 2026
Examiner Interview Summary
Mar 04, 2026
Request for Continued Examination
Mar 16, 2026
Response after Non-Final Action
May 05, 2026
Non-Final Rejection mailed — §103
Jul 27, 2026
Applicant Interview (Telephonic)
Jul 27, 2026
Examiner Interview Summary

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

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.4%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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