Prosecution Insights
Last updated: August 17, 2026
Application No. 19/230,505

NETWORK DEVICE AND METHOD WITH ANTICIPATORY PATH CONTROL

Non-Final OA §103
Filed
Jun 06, 2025
Priority
Dec 13, 2024 — RE 10-2024-0186175
Examiner
SHIN, KYUNG H
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
797 granted / 972 resolved
+24.0% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
19 currently pending
Career history
988
Total Applications
across all art units

Statute-Specific Performance

§101
14.8%
-25.2% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 972 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 . DETAILED ACTION 1. Claims 1 - 20 are pending. Claims 1, 12 are independent. File date on 6-6-2025. Claim Rejections - 35 USC § 103 2. 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. 3. Claims 1, 3, 9 - 12, 14, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal et al. (US PGPUB No. 20150109924) in view of Dreps et al. (US PGPUB No. 20150193690). Regarding Claims 1, 12, Agarwal discloses an operating method of a network device comprising ports and a network device, the operating method and network device comprising: a) determining whether a packet obtained from a first port among the ports is a request packet or a response packet; (Agarwal ¶ 105: Determining mechanism 660 generally determines whether the packet is received from an access port or a trunk port. Also, determining mechanism 660 can determine whether the packet is a response packet or a request packet. Furthermore, determining mechanism 660 may determine whether the packet is an initial packet received from a device, etc.; ¶ 106: Classifying mechanism 670 generally classifies a packet as either a user type packet or a server type packet, for example, based on deep packet inspection. If the packet is an initial packet from the device, and determining mechanism 660 determines that the packet is a request packet, classifying mechanism 670 will classify the packet as a user type packet. On the other hand, If the packet is an initial packet from the device, and determining mechanism 660 determines that the packet is a response packet, classifying mechanism 670 will classify the packet as a server type packet.; ¶ 103: Receiving mechanism 640 generally receives packets via network ports, such as an access port or a trunk port. The network ports are configured for one or more VLANs.) and c) based on the value of the PSA, controlling a data transmission path of the network device or a state of a resource allocated to the network device. (Agarwal ¶ 112: the term "interconnect" or used descriptively as "interconnected" is generally defined as a communication pathway established over an information-carrying medium. The "interconnect" may be a wired interconnect, wherein the medium is a physical medium (e.g., electrical wire, optical fiber, cable, bus traces, etc.), a wireless interconnect (e.g., air in combination with wireless signaling technology) or a combination of these technologies.) Agarwal does not explicitly disclose for b) updating a value of a payload size accumulator (PSA) based on a result of determining. However, Dreps discloses: b) updating a value of a payload size accumulator (PSA) based on a result of the determining. (Dreps ¶ 008: The method is a method of managing the state of a physical link layer of external interfaces that interconnect processing units of a computer system. The physical link layers have dynamically adjustable bandwidth. The method detects events other than I/O requests that occur in a processing unit that are indicators of potential future transactions on one of the external interfaces connected to the processing unit. The method predicts, from the detected events, that future transactions will likely occur on the interface, and in response, controls the dynamically adjustable bandwidth of physical link layer of the interface to accommodate the future transactions by increasing the dynamically adjustable bandwidth of the first physical link layer interface.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for b) updating a value of a payload size accumulator (PSA) based on a result of determining as taught by Dreps. One of ordinary skill in the art would have been motivated to employ the teachings of Dreps for the benefits achieved from the flexibility of a system that enables multiple techniques such as increasing payload (bandwidth) processing requests in a network-connected environment. (Dreps ¶ 008) Furthermore, for Claim 12, Dreps discloses wherein configured to add-to or subtract-from, a value maintained in the register or queue. (Dreps ¶ 008: The method is a method of managing the state of a physical link layer of external interfaces that interconnect processing units of a computer system. The physical link layers have dynamically adjustable bandwidth. The method detects events other than I/O requests that occur in a processing unit that are indicators of potential future transactions on one of the external interfaces connected to the processing unit. The method predicts, from the detected events, that future transactions will likely occur on the interface, and in response, controls the dynamically adjustable bandwidth of physical link layer of the interface to accommodate the future transactions by increasing (add to) the dynamically adjustable bandwidth of the first physical link layer interface.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for b) updating a value of a payload size accumulator (PSA) based on a result of determining as taught by Dreps. One of ordinary skill in the art would have been motivated to employ the teachings of Dreps for the benefits achieved from the flexibility of a system that enables multiple techniques such as increasing payload (bandwidth) processing requests in a network-connected environment. (Dreps ¶ 008) Regarding Claim 3, Agarwal-Dreps discloses the operating method of claim 1. Agarwal does not explicitly disclose the obtained packet is a request packet, and wherein the updating of the value of the PSA comprises increasing the value of the PSA based on a payload size. However, Dreps discloses wherein the obtained packet is a request packet, and wherein the updating of the value of the PSA comprises increasing the value of the PSA based on a payload size of a response packet to be received as a response to the request packet the payload size obtained based on the obtained packet being a request packet. (Dreps ¶ 008: The method is a method of managing the state of a physical link layer of external interfaces that interconnect processing units of a computer system. The physical link layers have dynamically adjustable bandwidth. The method detects events other than I/O requests that occur in a processing unit that are indicators of potential future transactions on one of the external interfaces connected to the processing unit. The method predicts, from the detected events, that future transactions will likely occur on the interface, and in response, controls the dynamically adjustable bandwidth of physical link layer of the interface to accommodate the future transactions by increasing the dynamically adjustable bandwidth of the first physical link layer interface.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for b) updating a value of a payload size accumulator (PSA) based on a result of determining as taught by Dreps. One of ordinary skill in the art would have been motivated to employ the teachings of Dreps for the benefits achieved from the flexibility of a system that enables multiple techniques such as increasing payload (bandwidth) processing requests in a network-connected environment. (Dreps ¶ 008) Regarding Claim 9, Agarwal-Dreps discloses the operating method of claim 1, wherein the obtained packet is a response packet, which is received as a response to a request packet transmitted through the data transmission path through the first port, and wherein the obtained response packet is received by the first port through the same data transmission path. (Agarwal ¶ 049: transmitting a network request and/or response packet on the same VLAN when the packet is received via a trunk port, and on a different VLAN when the packet is received via access ports, the network switches selectively flood the packet to a subset of VLANs) Regarding Claim 10, Agarwal-Dreps discloses the operating method of claim 1, wherein the network device comprises a computing device or a switch. (Agarwal ¶ 076: The "user VLAN" membership is maintained, e.g., as a table or a list, on a switch. A user VLAN gets added to the membership table or list when a "user" packet is received on a VLAN. Subsequently, a "server" packet gets flooded on all user VLANs available in the user VLAN membership table or list.; ¶ 022: includes two network switches, e.g., network switch 130 and network switch 150. Specifically, network switch 130 is connected to H1 142, H2 144, H3 146 and H4 148; and, network switch 150 is connected to H5 162, H6 164, H7 166, and H8 168. As mentioned above, devices H1-H4 142-148 and H5-H8 162-168 can be a server, a network device, and/or a client device.) Regarding Claim 11, Agarwal-Dreps discloses a non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform the operating method of claim 1. (Agarwal ¶ 108: A typical combination of hardware and software may be an access point with a computer program that, when being loaded and executed, controls the device such that it carries out the methods described herein.; ¶ 109: Computer program in the present context means any expression, in any language, code or notation, of a set of instructions intended to cause a system having an information processing capability to perform a particular function) Regarding Claim 14, Agarwal-Dreps discloses he network device of claim 12. Agarwal does not explicitly disclose the obtained packet is a request packet, and based thereon the PSA adds, to the value, a payload size. However, Dreps discloses wherein the obtained packet is a request packet, and based thereon the PSA adds, to the value, a payload size of a response packet that is to be received as a response to the request packet. (Dreps ¶ 008: The method is a method of managing the state of a physical link layer of external interfaces that interconnect processing units of a computer system. The physical link layers have dynamically adjustable bandwidth. The method detects events other than I/O requests that occur in a processing unit that are indicators of potential future transactions on one of the external interfaces connected to the processing unit. The method predicts, from the detected events, that future transactions will likely occur on the interface, and in response, controls the dynamically adjustable bandwidth of physical link layer of the interface to accommodate the future transactions by increasing the dynamically adjustable bandwidth of the first physical link layer interface.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for the obtained packet is a request packet, and based thereon the PSA adds, to the value, a payload size as taught by Dreps. One of ordinary skill in the art would have been motivated to employ the teachings of Dreps for the benefits achieved from the flexibility of a system that enables multiple techniques such as increasing payload (bandwidth) processing requests in a network-connected environment. (Dreps ¶ 008) Regarding Claim 20, Agarwal-Dreps discloses the network device of claim 12, wherein the obtained packet is a response packet which is received as a response to a corresponding request packet transmitted through the data transmission path through the first port, and wherein the response packet is received by the first port through the same data transmission path. (Agarwal ¶ 049: transmitting a network request and/or response packet on the same VLAN when the packet is received via a trunk port, and on a different VLAN when the packet is received via access ports, the network switches selectively flood the packet to a subset of VLANs) 4. Claims 2, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal in view of Dreps and further in view of Hugosson et al. (US PGPUB No. 20260127045). Regarding Claims 2, 13, Agarwal-Dreps discloses the operating method of claim 1 and the network device of claim 12. Agarwal does not explicitly disclose obtained packet is a request packet, and updating of the value of the PSA comprises obtaining a payload size of a response packet to be received as a response to request packet. However, Dreps discloses wherein the obtained packet is a request packet, and wherein the updating of the value of the PSA comprises obtaining a payload size of a response packet to be received as a response to the request packet, (Dreps ¶ 008: The method is a method of managing the state of a physical link layer of external interfaces that interconnect processing units of a computer system. The physical link layers have dynamically adjustable bandwidth. The method detects events other than I/O requests that occur in a processing unit that are indicators of potential future transactions on one of the external interfaces connected to the processing unit. The method predicts, from the detected events, that future transactions will likely occur on the interface, and in response, controls the dynamically adjustable bandwidth of physical link layer of the interface to accommodate the future transactions by increasing the dynamically adjustable bandwidth of the first physical link layer interface.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for obtained packet is a request packet, and updating of the value of the PSA comprises obtaining a payload size of a response packet to be received as a response to request packet as taught by Dreps. One of ordinary skill in the art would have been motivated to employ the teachings of Dreps for the benefits achieved from the flexibility of a system that enables multiple techniques such as increasing payload (bandwidth) processing requests in a network-connected environment. (Dreps ¶ 008) Agarwal does not explicitly disclose payload size obtained from a header of the request packet based on the obtained packet being a request packet. However, Hugosson discloses wherein the payload size obtained from a header of the request packet based on the obtained packet being a request packet. (Hugosson ¶ 028: the packet header for a particular command message specifies the type of message, e.g. whether it's a CMD message, a CMDNR message or another type of message. The packet header also indicates the size of the payload to be included in the message.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for payload size obtained from a header of the request packet based on the obtained packet being a request packet as taught by Hugosson. One of ordinary skill in the art would have been motivated to employ the teachings of Hugosson for the benefits achieved from the flexibility of a system that enables the retrieval of packet header information such as a payload size to be utilized in packet processing. (Hugosson ¶ 028) 5. Claims 4, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal in view of Dreps and further in view of Thornton et al. (US PGPUB No. 20100011116). Regarding Claim 4, Agarwal-Dreps discloses the operating method of claim 1. Agarwal does not explicitly disclose the obtained packet is a response packet, and wherein the updating of the value of the PSA comprises decreasing the value of the PSA based on a payload size. However, Thornton discloses wherein the obtained packet is a response packet, and wherein the updating of the value of the PSA comprises decreasing the value of the PSA based on a payload size of the response packet, the payload size based on the obtained packet being a response packet. (Thornton ¶ 153: Bandwidth is increased by increasing the window size, and relinquished by reducing the window size. ... When a packet is dropped (e.g., no acknowledge received or a resend packet response is received), the bandwidth is decreased by backing off the window size.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for the obtained packet is a response packet, and wherein the updating of the value of the PSA comprises decreasing the value of the PSA based on a payload size as taught by Thornton. One of ordinary skill in the art would have been motivated to employ the teachings of Thornton for the benefits achieved from the flexibility of a system that enables multiple techniques such as decreasing payload (bandwidth) processing requests in a network-connected environment. (Thornton ¶ 153) Regarding Claim 15, Agarwal-Dreps discloses the network device of claim 12. Agarwal does not explicitly disclose obtained packet is a response packet, and the PSA is configured to subtract a payload size of the obtained response packet based on the obtained packet being a response packet. However, Thornton discloses wherein the obtained packet is a response packet, and wherein the PSA is configured to subtract a payload size of the obtained response packet based on the obtained packet being a response packet. (Thornton ¶ 153: Bandwidth is increased by increasing the window size, and relinquished by reducing the window size. ... When a packet is dropped (e.g., no acknowledge received or a resend packet response is received), the bandwidth is decreased by backing off the window size.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for obtained packet is a response packet, and the PSA is configured to subtract a payload size of the obtained response packet based on the obtained packet being a response packet as taught by Thornton. One of ordinary skill in the art would have been motivated to employ the teachings of Thornton for the benefits achieved from the flexibility of a system that enables multiple techniques such as decreasing payload (bandwidth) processing requests in a network-connected environment. (Thornton ¶ 153) 6. Claims 5 - 8, 16 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Agarwal in view of Dreps and further in view of Lim et al. (US Patent No. 10,554,324). Regarding Claims 5, 16, Agarwal-Dreps discloses the operating method of claim 1 and the network device of claim 12. Agarwal does not explicitly disclose for a) determining that value of the PSA satisfies a preset first condition, and for b) based thereon limiting transmission of request packet to data transmission path through first port. However, Lim discloses wherein the obtained packet is a request packet, wherein the controlling the data transmission path based on the value of the PSA comprises: a) determining that the value of the PSA satisfies a preset first condition, (Lim col 3: the network control system may maintain one or more thresholds. For example, a threshold may be maintained that indicates when bandwidth capacity has been reached and initiates the provisioning of additional bandwidth between routers of the optical network.) and b) based thereon limiting transmission of the request packet to the data transmission path through the first port. (Lim col 5: if the available optical path and router port are available (yes 126), the network controller 106 may generate and transmit a message (not pictured) to a user device, the circuit bandwidth collector 102, or other application that an available optical path, wavelength, and router port is available to generate the end to end channel. In cases where the optical path, wavelength, or router port is unavailable, the circuit bandwidth collector 102 may attempt another request 104 at periodic intervals.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for a) determining that value of the PSA satisfies a preset first condition, and for b) based thereon limiting transmission of request packet to data transmission path through first port as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) Regarding Claim 6, Agarwal-Dreps discloses the operating method of claim 1. Agarwal does not explicitly disclose determining that traffic congestion occurs in data transmission path through first port and value of the PSA satisfying a preset first condition, and securing an additional path by changing, among the ports, a power state of a port. However, Lim discloses wherein determining that traffic congestion occurs in the data transmission path through the first port in response to the value of the PSA satisfying a preset first condition, and based thereon, securing an additional path by changing, among the ports, a power state of a port. (Lim col 3: routers R1 and R2 of the optical network may require additional network bandwidth to handle traffic related to a spontaneous event (e.g., a large multi-player video game tournament hosted by a streaming content provider). As described herein, the optical wavelength allocation feature implemented by the network controller system may provision additional bandwidth capacity by identifying and configuring the appropriate components to provide the additional requested bandwidth.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for determining that traffic congestion occurs in data transmission path through first port and value of the PSA satisfying a preset first condition, and securing an additional path by changing, among the ports, a power state of a port as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) Regarding Claims 7, 18, Agarwal-Dreps discloses the operating method of claim 1 and the network device of claim 12. Agarwal does not explicitly disclose based on value of the PSA satisfying a preset second condition, freeing or reclaiming resource allocated to the network device. However, Lim discloses wherein based on the value of the PSA satisfying a preset second condition, freeing or reclaiming the resource allocated to the network device. (Lim col 3: The one or more thresholds maintained may also include thresholds associated with release capacity. For example, a threshold may be maintained that indicates when bandwidth capacity has fallen below a certain threshold that the network controller system can release or otherwise reallocate the bandwidth capacity for other routers in the optical network. As an illustrative example, a second bandwidth capacity may be set at 30% indicating that when one or more routers additional bandwidth capacity falls below 30% the network control system will free up, release, or otherwise reallocate components in the optical network to provide additional bandwidth to other routers in the optical network.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for based on value of the PSA satisfying a preset second condition, freeing or reclaiming resource allocated to the network device as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) Regarding Claims 8, 19, Agarwal-Dreps discloses the operating method of claim 1 and the network device of claim 12. Agarwal does not explicitly disclose for a) obtaining state of resource allocated to network device, and for b) controlling the data transmission path or the state of the resource is also based on obtained state of resource allocated to network device. However, Lim discloses: a) obtaining the state of the resource allocated to the network device; and b) wherein the controlling the data transmission path or the state of the resource is also based on the obtained state of the resource allocated to the network device. (Lim col 3: routers R1 and R2 of the optical network may require additional network bandwidth to handle traffic related to a spontaneous event (e.g., a large multi-player video game tournament hosted by a streaming content provider). As described herein, the optical wavelength allocation feature implemented by the network controller system may provision additional bandwidth capacity by identifying and configuring the appropriate components to provide the additional requested bandwidth.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for a) obtaining state of resource allocated to network device, and for b) controlling the data transmission path or the state of the resource is also based on obtained state of resource allocated to network device as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for … as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) Regarding Claim 17, Agarwal-Dreps discloses the network device of claim 12, wherein the controller is configured to: Agarwal does not explicitly disclose for a) select first port based on value of PSA satisfying a preset first condition, and for b) secure an additional path by changing, among the ports, a power state of a port. However, Lim discloses: a) select the first port based on the value of the PSA satisfying a preset first condition, and, b) based thereon, secure an additional path by changing, among the ports, a power state of a port of which the power state corresponds to satisfaction of the preset first condition. (Lim col 3: routers R1 and R2 of the optical network may require additional network bandwidth to handle traffic related to a spontaneous event (e.g., a large multi-player video game tournament hosted by a streaming content provider). As described herein, the optical wavelength allocation feature implemented by the network controller system may provision additional bandwidth capacity by identifying and configuring the appropriate components to provide the additional requested bandwidth.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Agarwal for a) select first port based on value of PSA satisfying a preset first condition, and for b) secure an additional path by changing, among the ports, a power state of a port as taught by Lim. One of ordinary skill in the art would have been motivated to employ the teachings of Lim for the benefits achieved from the flexibility of a system the utilizes threshold parameters in order to dynamically adjust communication traffic. (Lim col 3; col 5) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyung H Shin whose telephone number is (571)272-3920. The examiner can normally be reached M - F: 12pm - 8pm. 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, Joon H Hwang can be reached at 571-272-4036. 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. /KYUNG H SHIN/ 7-25-2026Primary Examiner, Art Unit 2447
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Prosecution Timeline

Jun 06, 2025
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
92%
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2y 11m (~1y 9m remaining)
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