Prosecution Insights
Last updated: October 02, 2026
Application No. 18/649,138

SYSTEMS, METHODS, AND APPARATUSES FOR NETWORK MANAGEMENT

Non-Final OA §102
Filed
Apr 29, 2024
Examiner
MIZRAHI, DIANE D
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Comcast Cable Communications LLC
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
1267 granted / 1373 resolved
+30.3% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
24 currently pending
Career history
1404
Total Applications
across all art units

Statute-Specific Performance

§101
22.7%
-17.3% vs TC avg
§103
12.6%
-27.4% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
20.7%
-19.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1373 resolved cases

Office Action

§102
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 . Restriction Remarks Claims 1-21 were pending in the present application. Claims 1, 8, and 12 have been amended as per the Election reply of July 16, 2026, with traverse. Claims 2, 7, 9, and 14-21 were canceled. Claims 1, 3-6, 8, 10-13, and 22-41 remain pending in this application. Specification The use of the term “WiFi”, for example, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. The entire specification should be reviewed and corrected for trademarks. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 1,3-5,8,10-12, 22-25, 27-30, 32-35, and 37-40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cizdziel et al., (US Patent Publication No. 20210144565 A1 and Cizdziel hereinafter). Regarding Claims 1, 22, and 32, Cizdziel teaches a method comprising: receiving, by a first network device, an indication (i.e., color collision notifications indicate that an overlapping BSS (OBSS) is operating with the same BSS color as whichever device generates the color collision notification. The selected AP's current BSS color (e.g., the BSS color 301 (4) for the AP 110) is excluded/removed from its next color assignment (e.g., removed from the potential set of BSS colors) upon detection of a BSS color collision (i.e., when an OBSS has the same BSS color). In some examples, detection of a color collision prompts an immediate color change instead of waiting for a next scheduled interval) Para [0033] of a Basic Service Set (BSS) color collision from a first user device (i.e., rogue APs present a challenge for the network controller in assigning BSS colors to the managed APs (e.g., APs 110-140), since the BSS color of the rogue APs cannot be assigned or updated by the network controller. Additionally, a rogue client indicates overlapping BSS colors (OBSS colors) if one or more of the BSS areas (managed by the network controller ) Para [0023]; determining, based on one or more network parameters associated with the first user device, the first user device moved prior to the indication of the BSS color collision from the first user device (i.e., color collision notifications indicate that an overlapping BSS (OBSS) is operating with the same BSS color as whichever device generates the color collision notification. The selected AP's current BSS color (e.g., the BSS color 301 (4) for the AP 110) is excluded/removed from its next color assignment (e.g., removed from the potential set of BSS colors) upon detection of a BSS color collision (i.e., when an OBSS has the same BSS color). In some examples, detection of a color collision prompts an immediate color change instead of waiting for a next scheduled interval (e.g., the AP's current color is added to the plurality of BSS colors impacting the radio and removed from the potential set of BSS colors). A color collision may be detected by either client devices or managed APs in the network 100.) Para [0033]; and changing, based on the first user device having moved prior to the indication of the BSS color collision from the first user device, a BSS color identifier associated with the first network device to a second BSS color identifier indication (i.e., color collision notifications indicate that an overlapping BSS (OBSS) is operating with the same BSS color as whichever device generates the color collision notification. The selected AP's current BSS color (e.g., the BSS color 301 (4) for the AP 110) is excluded/removed from its next color assignment (e.g., removed from the potential set of BSS colors) upon detection of a BSS color collision (i.e., when an OBSS has the same BSS color). In some examples, detection of a color collision prompts an immediate color change instead of waiting for a next scheduled interval) Para [0033] and (i.e., the client device 163 in the BSS 111 with the BSS color 301 (4) generates a collision notification when management or data frames (or other communication) from the rogue AP 171 are received at the client device 163. The managed APs may also generate collision notifications. In some examples, the managed AP (e.g., AP 110 for client device 163) receives a collision notification from a client and reports the received notification to the network controller along with any collision notifications generated by the AP itself) Para [0034]. Regarding Claims 3, 10, 23, 28, 33, and 38, Cizdziel teaches further comprising determining, based on communication between the first network device and the first user device, the one or more network parameters (i.e., information is also reported to the network controller 105 which may use it to determine which BSS is causing the detected collision and the collision interference severity. In some examples, the network controller 105 determines one or more actions based on this information to remedy the collision during a next color assignment) Para [0037]. Regarding Claims 4, 11, 24, 29, 34, and 39, Cizdziel teaches wherein the one or more network parameters comprise a current value (i.e., operation mode is in the steady-state operation mode, method 200 proceeds to block 218 where the network controller compares a current BSS color for the radio to the plurality of BSS colors impacting the radio ) Para [0044] for a first network parameter and wherein determining that the first user device moved prior to the indication of the BSS color collision from the first user device comprises: determining a prior value for the first network parameter for the first user device; and determining, based on a difference between the current value and the prior value satisfying a threshold, the first user device moved prior to the indication of the BSS color collision from the first user device (i.e., updating the BSS color for the radio includes determining an operation mode at block 212. The operation mode may include a steady-state operation mode or an aggressive operation mode for the network 100. In some examples, the steady-state mode is a default mode of operation for a high-density network such as the network 100. In the steady-state mode, the network controller 105 causes the least network disruption by changing a BSS color for an AP or selected radio only when necessary. For example, an AP or selected radio's color is updated or reassigned only if its currently assigned color is excluded from the potential set of BSS colors for the radio) Para [0039]. Regarding Claims 5, 25 and 35, Cizdziel teaches wherein the one or more network parameters comprise one or more of a signal strength, a signal-to-noise ratio, or channel state information (i.e., operation mode is in the steady-state operation mode) Para [0044]. Regarding Claim 8, 27, and 37, Cizdziel teaches comprises: receiving, by a first network device, an indication of a Basic Service Set (BSS) color collision from a first user device; (i.e., color collision notifications indicate that an overlapping BSS (OBSS) is operating with the same BSS color as whichever device generates the color collision notification. The selected AP's current BSS color (e.g., the BSS color 301 (4) for the AP 110) is excluded/removed from its next color assignment (e.g., removed from the potential set of BSS colors) upon detection of a BSS color collision (i.e., when an OBSS has the same BSS color). In some examples, detection of a color collision prompts an immediate color change instead of waiting for a next scheduled interval) Para [0033] determining, based on one or more network parameters associated with the first user device, the first user device did not move prior to the indication of the BSS color collision from the first user device (i.e., Since the network 100 is in the steady-state operation mode, the network controller 105 does not change the BSS color 303 (35) as shown in FIG. 4B which illustrates a network deployment with BSS coloring updated in a steady-state) Para [0046]; maintaining, based on the first user device not moving prior to the indication of the BSS color collision from the first user device, a BSS color identifier associated with the first network device (i.e., the various access points (APs) and connected devices/clients from wasting resources trying to prevent or react to interference, Wi-Fi 6 includes a BSS coloring mechanism to increase capacity in high-density WLAN networks ) Para [0015] and (i.e., This condition results in overlapping BSSs (OBSS) which can cause network performance issues without proper mechanisms such as BSS coloring to counteract the OBSS. To provide efficient network connections and reduce the impact of interference for the various connected devices in the network 100, efficient BSS coloring assignments need to be applied to each of the APs (and associated AP radios) and connected devices. The connected devices in network 100 include client devices 161-163.) Para [0022] and (i.e., operation mode may include a steady-state operation mode or an aggressive operation mode for the network 100) Para [0039] and (i.e., mode is implemented by the network controller 105 to update each of the APs in the network. For example, a large change in network 100 (e.g., a software update, a controller group membership change, etc.) causes the network controller 105 to use the aggressive operation mode to update) Para [0040]. Regarding Claims 12, 30 and 40, Cizdziel teaches wherein the indication of the BSS color collision from the first user device comprises the BSS color identifier associated with the first network device and a BSS color identifier associated with a second network device (i.e., network deployment 400 with BSS coloring updated in an aggressive mode. As shown the BSS color 301 (4) for the AP 110 has been updated to the randomly selected BSS color 401 (48). For the network deployment 400, the BSS colors for the other managed APs (e.g., APs 120-140) are also updated/reassigned. For example, the BSS color 302 (17) is updated to BSS color 402 (32), the BSS color 303 (35) is updated to BSS color 403 (19), and the BSS color 304 (4) is updated to BSS color 404) Para [0043] and Figure 4B, whole figure for multiple devices, infra: PNG media_image1.png 576 424 media_image1.png Greyscale . Allowable Subject Matter Claims 6, 13, 26, 31,36, and 41 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. Reasons for indicating allowable subject matter: The following is a statement of reasons for the indication of allowable subject matter: In regards to dependent Claims 6, 13, 26, 31,36, and 41, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following: Cizdziel et al., (US Patent Publication No. 20210144565 A1) teaches an exclusionary approach for basic service set (BSS) color selection and assignment in a network. A network controller for a network selects a radio associated with an access point (AP) under management of the network controller and determines a potential set of BSS colors for the radio. The network controller then removes/excludes a set of BSS colors that impacts the radio from the potential set of BSS colors and updates or assigns a BSS color for the selected radio using the potential set of BSS colors, minimizing the chances that the assigned BSS color will cause an overlapping BSS color condition in the network. However, Cizdziel et al., (US Patent Publication No. 20210144565 A1) does not expressly disclose Applicant’s claimed invention, “network parameters associated with the first user device having a current signal-to-noise ratio associated with the first user device, a current signal strength associated with the first user device, determining the first user device moved prior to the indication of the BSS color collision from the first user device, determining a prior signal-to-noise ratio and a prior signal strength associated with the first user device; determining, based on a difference between the current signal-to-noise ratio and the prior signal-to-noise ratio satisfying a first threshold and a difference between the current signal strength and the prior signal strength satisfying a second threshold, the first user device moved prior”, [Supported in Applicant’s specification, Para [0032]; [0036]; [[0039]; [0049];[0058]; [0061], for example]. Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cizdziel et al., (US Patent Publication No. 20210144565 A1), “Basic service set color selection” (March 17, 2022) discloses an exclusionary approach for basic service set (BSS) color selection and assignment in a network. A network controller for a network selects a radio associated with an access point (AP) under management of the network controller and determines a potential set of BSS colors for the radio. The network controller then removes/excludes a set of BSS colors that impacts the radio from the potential set of BSS colors and updates or assigns a BSS color for the selected radio using the potential set of BSS colors, minimizing the chances that the assigned BSS color will cause an overlapping BSS color condition in the network. Cizdziel et al., (US Patent Publication No. 20220088661 A1), “Basic service set color selection” (March 17, 2022) discloses determining a set of basic service set (BSS) colors impacting a radio associated with an access point (AP). The BSS colors impacting the radio are excluded from a potential set of colors. A BSS color is assigned for the radio using the potential set. A set of rogue colors is received from the APs, where the rogue colors are associated with devices that are not managed by a network controller. The rogue colors from the potential colors are removed. A beacon report is sent to the AP in response to a solicitation for the beacon report to a client device. Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600. 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.qov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). /DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647 Diane.Mizrahi@USPTO.gov
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Prosecution Timeline

Apr 29, 2024
Application Filed
Apr 15, 2026
Response after Non-Final Action
Jun 24, 2026
Examiner Interview Summary
Jun 24, 2026
Interview Requested
Jun 24, 2026
Applicant Interview (Telephonic)
Sep 03, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
98%
With Interview (+5.3%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1373 resolved cases by this examiner. Grant probability derived from career allowance rate.

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