Prosecution Insights
Last updated: April 19, 2026
Application No. 18/647,328

MANAGING NETWORK CONGESTION USING AN OPTICAL LINK

Non-Final OA §102§103
Filed
Apr 26, 2024
Examiner
LEE, JAI M
Art Unit
2634
Tech Center
2600 — Communications
Assignee
DELL PRODUCTS, L.P.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
88%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
363 granted / 473 resolved
+14.7% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
16 currently pending
Career history
489
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 473 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . 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. Claim(s) 1, 9, and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith (US20240430203A1). Regarding claim 1, Smith discloses A method for managing operation of an endpoint device of a deployment, the method (Fig. 1; Fig. 4) comprising: obtaining, by the endpoint device (Fig. 1; Router devices 102-116. The routers are the source nodes and destination nodes), a network data unit (Fig. 1; Para. 102; Each router forwards a packet) directed to a destination (Fig. 1; Para. 102; The dashed lines may indicate two alternate routes between device 106 and device 114. These two routes represent the multiple routes providing a full range of policies from a source node (e.g., device 106) and a destination node (e.g., device 114)); selecting, by the endpoint device, a channel over which to forward the network data unit (Fig. 1; Para. 102; Each router with a packet to forward may then independently select a route from the multiple routes and forward the packet over the selected route), the channel being selected based on a forwarding policy and a state of an optical link between the endpoint device and an optical service point (Fig. 1; Fig. 4; Para. 112; The selected path is used for forwarding all packets of the flow according to the configured flow constraints of the flow. This path selection may be implemented, for example, using an oracle that may always assign a flow to a path that both satisfies the flow's QoS requirements and has adequate available bandwidth for the flow), and the forwarding policy being keyed (Fig. 1; Fig. 4; Para. 76; Policy requirements of a flow may be specified in a declarative manner, allowing the network users and administrators to state what performance and policies routes used for a given application should provide without requiring the specification of an exact procedure to be used in selecting appropriate paths), at least in part, to the state of the optical link (Fig. 1; Fig. 1A; Para. 103; Communications component 14 may be a network interface that may include the mechanical, electrical, and/or signaling circuitry for communicating data over physical links that may be coupled to other devices of a network. Such network interface(s) may be configured to transmit and/or receive any suitable data using a variety of different communication protocols, including synchronous optical networks (“SONET”)); and forwarding, by the endpoint device, the network data unit over the selected channel to direct the network data unit towards the destination (Fig. 1; Fig. 4; Para. 112; At operation 406, any suitable component(s) or equipment of or associated with a data network may forward the flow (e.g., one, some, or each packet of the flow) in accordance with the route selected at operation 404 (e.g., forwarding operation(s) 308 of process 300)) to facilitate provisioning of desired computer-implemented services (Fig. 1; Fig. 1A; Para. 106; Processor 12 may be used to run one or more applications, such as an application 19 that may be accessible from memory 13. Application 19 may include, but is not limited to, one or more operating system applications and communication applications (e.g., for enabling communication of data between devices. (A computer is mainly made up of a processor (CPU) and memory, which together act as the brain for executing tasks)). Regarding claim 9, Smith discloses A non-transitory machine-readable medium having instructions stored therein (Fig. 1A; Para. 301; Instructions for performing these processes may also be embodied as machine- or computer-readable code recorded on a machine- or computer-readable medium), which when executed by a processor, cause the processor to perform operations (Fig. 1A; Para. 306; The computer-readable storage medium can be any storage medium that can be read, written, or otherwise accessed by a general purpose or special purpose computing device, including any processing electronics and/or processing circuitry capable of executing instructions) for managing operation of an endpoint device of a deployment, the operations (Fig. 1; Fig. 4) comprising: obtaining, by the endpoint device (Fig. 1; Router devices 102-116. The routers are the source nodes and destination nodes), a network data unit (Fig. 1; Para. 102; Each router forwards a packet) directed to a destination (Fig. 1; Para. 102; The dashed lines may indicate two alternate routes between device 106 and device 114. These two routes represent the multiple routes providing a full range of policies from a source node (e.g., device 106) and a destination node (e.g., device 114)); selecting, by the endpoint device, a channel over which to forward the network data unit (Fig. 1; Para. 102; Each router with a packet to forward may then independently select a route from the multiple routes and forward the packet over the selected route), the channel being selected based on a forwarding policy and a state of an optical link between the endpoint device and an optical service point (Fig. 1; Fig. 4; Para. 112; The selected path is used for forwarding all packets of the flow according to the configured flow constraints of the flow. This path selection may be implemented, for example, using an oracle that may always assign a flow to a path that both satisfies the flow's QoS requirements and has adequate available bandwidth for the flow), and the forwarding policy being keyed (Fig. 1; Fig. 4; Para. 76; Policy requirements of a flow may be specified in a declarative manner, allowing the network users and administrators to state what performance and policies routes used for a given application should provide without requiring the specification of an exact procedure to be used in selecting appropriate paths), at least in part, to the state of the optical link (Fig. 1; Fig. 1A; Para. 103; Communications component 14 may be a network interface that may include the mechanical, electrical, and/or signaling circuitry for communicating data over physical links that may be coupled to other devices of a network. Such network interface(s) may be configured to transmit and/or receive any suitable data using a variety of different communication protocols, including synchronous optical networks (“SONET”)); and forwarding, by the endpoint device, the network data unit over the selected channel to direct the network data unit towards the destination (Fig. 1; Fig. 4; Para. 112; At operation 406, any suitable component(s) or equipment of or associated with a data network may forward the flow (e.g., one, some, or each packet of the flow) in accordance with the route selected at operation 404 (e.g., forwarding operation(s) 308 of process 300)) to facilitate provisioning of desired computer-implemented services (Fig. 1; Fig. 1A; Para. 106; Processor 12 may be used to run one or more applications, such as an application 19 that may be accessible from memory 13. Application 19 may include, but is not limited to, one or more operating system applications and communication applications (e.g., for enabling communication of data between devices. (A computer is mainly made up of a processor (CPU) and memory, which together act as the brain for executing tasks)). Regarding claim 15, Smith discloses An endpoint device (Fig. 1A; Fig. 4) comprising: a processor (Fig. 1A; processor 12); and a memory coupled to the processor to store instructions (Fig. 1A; Para. 301; memory 13. Instructions for performing these processes may also be embodied as machine- or computer-readable code recorded on a machine- or computer-readable medium. In some embodiments, the computer-readable medium may be a non-transitory computer-readable medium. Examples of such a non-transitory computer-readable medium include but are not limited to a read-only memory, a random-access memory, a flash memory, a CD-ROM, a DVD, a magnetic tape, a removable memory card, and a data storage device (e.g., memory 13 of a network device 120)), which when executed by a processor, cause the endpoint device to perform operations (Fig. 1A; Para. 306; The computer-readable storage medium can be any storage medium that can be read, written, or otherwise accessed by a general purpose or special purpose computing device, including any processing electronics and/or processing circuitry capable of executing instructions), the operations (Fig. 1; Fig. 4) comprising: obtaining a network data unit (Fig. 1; Para. 102; Each router forwards a packet) directed to a destination (Fig. 1; Para. 102; The dashed lines may indicate two alternate routes between device 106 and device 114. These two routes represent the multiple routes providing a full range of policies from a source node (e.g., device 106) and a destination node (e.g., device 114)), selecting a channel over which to forward the network data unit (Fig. 1; Para. 102; Each router with a packet to forward may then independently select a route from the multiple routes and forward the packet over the selected route), the channel being selected based on a forwarding policy and a state of an optical link between the endpoint device and an optical service point (Fig. 1; Fig. 4; Para. 112; The selected path is used for forwarding all packets of the flow according to the configured flow constraints of the flow. This path selection may be implemented, for example, using an oracle that may always assign a flow to a path that both satisfies the flow's QoS requirements and has adequate available bandwidth for the flow), and the forwarding policy being keyed (Fig. 1; Fig. 4; Para. 76; Policy requirements of a flow may be specified in a declarative manner, allowing the network users and administrators to state what performance and policies routes used for a given application should provide without requiring the specification of an exact procedure to be used in selecting appropriate paths), at least in part, to the state of the optical link (Fig. 1; Fig. 1A; Para. 103; Communications component 14 may be a network interface that may include the mechanical, electrical, and/or signaling circuitry for communicating data over physical links that may be coupled to other devices of a network. Such network interface(s) may be configured to transmit and/or receive any suitable data using a variety of different communication protocols, including synchronous optical networks (“SONET”)), and forwarding the network data unit over the selected channel to direct the network data unit towards the destination (Fig. 1; Fig. 4; Para. 112; At operation 406, any suitable component(s) or equipment of or associated with a data network may forward the flow (e.g., one, some, or each packet of the flow) in accordance with the route selected at operation 404 (e.g., forwarding operation(s) 308 of process 300)) to facilitate provisioning of desired computer-implemented services (Fig. 1; Fig. 1A; Para. 106; Processor 12 may be used to run one or more applications, such as an application 19 that may be accessible from memory 13. Application 19 may include, but is not limited to, one or more operating system applications and communication applications (e.g., for enabling communication of data between devices. (A computer is mainly made up of a processor (CPU) and memory, which together act as the brain for executing tasks)). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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(s) 2, 10, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US20240430203A1) in view of Al Sayeed et al. (US9906294B2). Regarding claim 2, the present system discloses The method of claim 1, as described and applied above. However, the present system does not expressly disclose prior to obtaining the network data unit: analyzing, by the endpoint device, network data unit traffic to obtain a congestion report; and providing, by the endpoint device, the congestion report to an edge orchestrator for the deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment. Mehrvar et al. discloses prior to obtaining the network data unit (Fig. 2; step 206, the path is determined before the data is sent as shown): analyzing, by the endpoint device (Fig. 2; Column 6, lines 35-36; The process 200 can be implemented by the nodes 110), network data unit traffic to obtain a congestion report (Fig. 1; Fig. 2; Fig. 3; Column 6, lines 58-61; Column 6, lines 38-40; the process 200 can obtain an initial wavelength load per optical link, and the status can be updated as wavelengths are added or removed in the network 100. The process 200 includes maintaining a status of wavelength load for a plurality of optical links in the network (step 202). In step 312, the process checks if spectral utilization is greater than defined congestion threshold); and providing, by the endpoint device, the congestion report (Fig. 1; Fig. 2; Fig. 3; Fig. 4; Column 6, lines 35-38; The process 200 can be implemented by the nodes 110, the control plane 140, the SDN controller, a PCE, a management system, a planning tool, or a combination thereof. The nodes 110 provides information to the control plane 140 and SDN controller 150 as shown) to an edge orchestrator (Fig. 1; the control plane 140) for the deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment (Fig. 1; Fig. 3; Fig. 5; Column 11, lines 7-17; The example in FIG. 5 demonstrates changed conditions of the same network with different channel loading conditions. In this case, the method starts with the route A-Z with the least hops that provides the fastest restoration time. However, if selected for all channels, the route will become congested (i.e. no more spectral slots will be left after restoration). In this condition, the process 300 will start checking on the target restoration time (e.g. 2N for this specific example) and searching for the next available route (in this case, A-C-Z) to off-load some channel loads in order to avoid spectral congestion). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Al Sayeed et al., in the present system, in order to provide restoration path in case of the link failure. Regarding claim 10, the present system discloses The non-transitory machine-readable medium of claim 9, as described and applied above. However, the present system does not expressly disclose prior to obtaining the network data unit: analyzing, by the endpoint device, network data unit traffic to obtain a congestion report; and providing, by the endpoint device, the congestion report to an edge orchestrator for the deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment. Mehrvar et al. discloses prior to obtaining the network data unit (Fig. 2; step 206, the path is determined before the data is sent as shown): analyzing, by the endpoint device (Fig. 2; Column 6, lines 35-36; The process 200 can be implemented by the nodes 110), network data unit traffic to obtain a congestion report (Fig. 1; Fig. 2; Fig. 3; Column 6, lines 58-61; Column 6, lines 38-40; the process 200 can obtain an initial wavelength load per optical link, and the status can be updated as wavelengths are added or removed in the network 100. The process 200 includes maintaining a status of wavelength load for a plurality of optical links in the network (step 202). In step 312, the process checks if spectral utilization is greater than defined congestion threshold); and providing, by the endpoint device, the congestion report (Fig. 1; Fig. 2; Fig. 3; Fig. 4; Column 6, lines 35-38; The process 200 can be implemented by the nodes 110, the control plane 140, the SDN controller, a PCE, a management system, a planning tool, or a combination thereof. The nodes 110 provides information to the control plane 140 and SDN controller 150 as shown) to an edge orchestrator (Fig. 1; the control plane 140) for the deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment (Fig. 1; Fig. 3; Fig. 5; Column 11, lines 7-17; The example in FIG. 5 demonstrates changed conditions of the same network with different channel loading conditions. In this case, the method starts with the route A-Z with the least hops that provides the fastest restoration time. However, if selected for all channels, the route will become congested (i.e. no more spectral slots will be left after restoration). In this condition, the process 300 will start checking on the target restoration time (e.g. 2N for this specific example) and searching for the next available route (in this case, A-C-Z) to off-load some channel loads in order to avoid spectral congestion). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Al Sayeed et al., in the present system, in order to provide restoration path in case of the link failure. Regarding claim 16, the present system discloses The endpoint device of claim 15, as described and applied above. However, the present system does not expressly disclose prior to obtaining the network data unit: analyzing network data unit traffic to obtain a congestion report; and providing the congestion report to an edge orchestrator for a deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment. Mehrvar et al. discloses prior to obtaining the network data unit (Fig. 2; step 206, the path is determined before the data is sent as shown): analyzing network data unit traffic to obtain a congestion report (Fig. 1; Fig. 2; Fig. 3; Column 6, lines 58-61; Column 6, lines 38-40; the process 200 can obtain an initial wavelength load per optical link, and the status can be updated as wavelengths are added or removed in the network 100. The process 200 includes maintaining a status of wavelength load for a plurality of optical links in the network (step 202). In step 312, the process checks if spectral utilization is greater than defined congestion threshold); and providing the congestion report (Fig. 1; Fig. 2; Fig. 3; Fig. 4; Column 6, lines 35-38; The process 200 can be implemented by the nodes 110, the control plane 140, the SDN controller, a PCE, a management system, a planning tool, or a combination thereof. The nodes 110 provides information to the control plane 140 and SDN controller 150 as shown) to an edge orchestrator (Fig. 1; the control plane 140) for a deployment to facilitate identification of a congestion level of the network data unit traffic in the deployment (Fig. 1; Fig. 3; Fig. 5; Column 11, lines 7-17; The example in FIG. 5 demonstrates changed conditions of the same network with different channel loading conditions. In this case, the method starts with the route A-Z with the least hops that provides the fastest restoration time. However, if selected for all channels, the route will become congested (i.e. no more spectral slots will be left after restoration). In this condition, the process 300 will start checking on the target restoration time (e.g. 2N for this specific example) and searching for the next available route (in this case, A-C-Z) to off-load some channel loads in order to avoid spectral congestion). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Al Sayeed et al., in the present system, in order to provide restoration path in case of the link failure. Claim(s) 3, 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US20240430203A1) and Al Sayeed et al. (US9906294B2) in view of Vacca (Optical Networking Best Practices Handbook, 2007). Regarding claim 3, the present combination discloses The method of claim 2, as described and applied above. However, the present combination does not expressly disclose the optical link or a primary network channel, the primary network channel comprising a radio frequency link. Vacca discloses the optical link or a primary network channel, the primary network channel comprising a radio frequency link (Page 101, Section, 4.6.4 Advantages over Copper; Just like fiber, copper lines transmit data as a series of pulses indicating whether a bit is a 1 or a 0, but they cannot operate at the high speeds that fiber does. Other advantages of fiber over copper include greater resistance to electromagnetic noise such as radios, motors, or other nearby cables; low maintenance cost; and a larger carrying capacity (bandwidth). One serious disadvantage of copper cabling is signal leaking. When copper is utilized, active equipment and a data room are generally used on every floor, whereas with fiber's ability to extend drive distances in vertical runs, several floors can be connected to a common data room). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the routers to central network controller using optical fibers, as taught by Vacca, in the present combination in order to take the advantage of greater resistance to electromagnetic noise, low maintenance cost, a larger carrying capacity, and lower signal leaking problem. Regarding claim 11, the present combination discloses The non-transitory machine-readable medium of claim 10, as described and applied above. However, the present combination does not expressly disclose the optical link or a primary network channel, the primary network channel comprising a radio frequency link. Vacca discloses the optical link or a primary network channel, the primary network channel comprising a radio frequency link (Page 101, Section, 4.6.4 Advantages over Copper; Just like fiber, copper lines transmit data as a series of pulses indicating whether a bit is a 1 or a 0, but they cannot operate at the high speeds that fiber does. Other advantages of fiber over copper include greater resistance to electromagnetic noise such as radios, motors, or other nearby cables; low maintenance cost; and a larger carrying capacity (bandwidth). One serious disadvantage of copper cabling is signal leaking. When copper is utilized, active equipment and a data room are generally used on every floor, whereas with fiber's ability to extend drive distances in vertical runs, several floors can be connected to a common data room). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the routers to central network controller using optical fibers, as taught by Vacca, in the present combination in order to take the advantage of greater resistance to electromagnetic noise, low maintenance cost, a larger carrying capacity, and lower signal leaking problem. Regarding claim 17, the present combination discloses The endpoint device of claim 15, as described and applied above. However, the present combination does not expressly disclose the optical link or a primary network channel, the primary network channel comprising a radio frequency link. Vacca discloses the optical link or a primary network channel, the primary network channel comprising a radio frequency link (Page 101, Section, 4.6.4 Advantages over Copper; Just like fiber, copper lines transmit data as a series of pulses indicating whether a bit is a 1 or a 0, but they cannot operate at the high speeds that fiber does. Other advantages of fiber over copper include greater resistance to electromagnetic noise such as radios, motors, or other nearby cables; low maintenance cost; and a larger carrying capacity (bandwidth). One serious disadvantage of copper cabling is signal leaking. When copper is utilized, active equipment and a data room are generally used on every floor, whereas with fiber's ability to extend drive distances in vertical runs, several floors can be connected to a common data room). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the routers to central network controller using optical fibers, as taught by Vacca, in the present combination in order to take the advantage of greater resistance to electromagnetic noise, low maintenance cost, a larger carrying capacity, and lower signal leaking problem. Allowable Subject Matter Claims 4-8, 12-14, and 18-20 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAI M LEE whose telephone number is (571)272-5870. The examiner can normally be reached M-F 9:5:30 PM. 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, Kenneth Vanderpuye can be reached at 571-272-3078. 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. JAI M. LEE Examiner Art Unit 2634 /JAI M LEE/Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Apr 26, 2024
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
88%
With Interview (+11.7%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 473 resolved cases by this examiner. Grant probability derived from career allow rate.

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