Prosecution Insights
Last updated: April 19, 2026
Application No. 17/978,641

Using multiple Wi-Fi radios at different frequency bands to maintain full-rate through a leaf node

Non-Final OA §103
Filed
Nov 01, 2022
Examiner
LIN, KENNY S
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Plume Design Inc.
OA Round
4 (Non-Final)
69%
Grant Probability
Favorable
4-5
OA Rounds
2y 11m
To Grant
81%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
587 granted / 847 resolved
+11.3% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
23 currently pending
Career history
870
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
41.8%
+1.8% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 847 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 Claims 1-20 are presented for examination. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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. 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amini et al (Amini), US 2018/0103505, in view of Liu et al (Liu), US 2019/0342916. As per claim 1, Amini teaches the invention including a wireless component arranged in a wireless network having a current topology that enables communication with another wireless component over a backhaul link, the wireless component comprising: A first radio operating in a first wireless band (pp. 0036, 0042); A second radio operating in a second wireless band, the second wireless band being different from the first wireless band (pp. 0036, 0042: Fronthaul communication link can be established by access point node at the 2.4 GHz band. By contrast, backhaul communication links can be established to operate at a different band than the fronthaul communication links such as within the 5 GHz lower band); and A control circuit configured to perform the steps of: Detecting when a client device connects to the wireless component over a new fronthaul link (pp. 0035-0036; 0044-0047), Determining wireless communication capabilities of the client device (pp. 0044-0047), Based on the wireless communication capabilities, determine which one of the current topology of the wireless network and a new topology of the wireless network would result in greater throughput of packets through the wireless network (pp. 0044-0051), and When it is determined that the new topology would result in greater throughput, adjusting the topology by designating one of the first radio and second radio form communication over the backhaul link and designating the other of the first radio and second radio for communication over the new fronthaul link (pp. 0047-0051). Amini does not teach the wireless component, wireless network and wireless band and wireless communication to be Wi-Fi component, Wi-Fi network and Wi-Fi band and Wi-Fi communication; and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over the first or second Wi-Fi bands and packet transmission over the other of the first or second Wi-Fi bands without queuing packets on a same channel. However, Wi-Fi is a well-known type of wireless communication and suggested by Amini. Amini provides a motivation to implement the wireless mesh network of the invention according to IEEE 802.11 standards in WLAN, which is Wi-Fi standard known in the art (pp. 0004: IEEE 802.11 is Wi-Fi standard). Liu teaches a Wi-Fi component implemented with multi Wi-Fi band with a first radio operating in a first Wi-Fi band (pp. 0007, 0036, 0056); a second radio operating in a second Wi-Fi band, the second Wi-Fi band being different from the first Wi-Fi band (pp. 0007, 0025) for performing Wi-Fi communication over a Wi-Fi component (pp. 0007, 0025); and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over one of the first or second Wi-Fi bands and packet transmission over the other of the first or second Wi-Fi bands without queuing packets on a same channel (pp. 0007, 0025-0027; simultaneously receive from and transmit to). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further implement the system with dual Wi-Fi baseband processors to process egress and ingress traffic concurrently using different Wi-Fi bands such as 900 MHz, 2.4 GHz, 3.6 GHz, 5 GHz bands…etc. As per claim 2, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the control circuit is configured to cause the first radio to operate at a first channel in the first Wi-Fi band and cause the second radio to operate at a second channel in the second Wi-Fi band (pp. 0004, 0008, 0038, 0040-0041). As per claim 3, Amini and Liu teach the invention as claimed in claim 1. Liu further teaches wherein the first Wi-Fi band includes the 5GHz band (pp. 0025-0027, 0036) and second Wi-Fi band includes the 6GHz band (pp. 0025-0027). Amini and Liu do not teach wherein the first Wi-Fi band includes at least a portion of the 5GHz band as defined in Wi-Fi 6E and Wi-Fi 7 standards and the second Wi-Fi band includes at least a portion of the 6 GHz band as defined in the Wi-Fi 6E and Wi-Fi 7 standards. However, since Wi-Fi 6E and Wi-Fi 7 standards are available at the time of the filing of this application, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini, Liu and further implement the latest version of IEEE 802.11 to operate the Wi-Fi communication using different bands. As per claim 4, Amini and Liu teach the invention as claimed in claim 3. Amini and Liu do not teach wherein: When the control circuit determines that the Wi-Fi communication capabilities of the client device allows operations in the 6 GHz band, the control circuit is configured to designate the first radio for communication over the backhaul link and designate the second radio for communication over the new fronthaul link, and When the control circuit determines that the Wi-Fi communication capabilities of the client device do not allow operation in the 6 GHz band, the control circuit is configured to designate the second radio communication over the backhaul link and designate the first radio for communication over the new fronthaul link. However, it is obvious to first determine if the client device has the capability to support 6 GHz band transmission before designating the 6 GHz band radio for communication over such link or otherwise designate another radio which the client device supports in order to perform the communication properly and maintain or increase throughput. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further check to determine if the client device is able to support certain frequency band transmission or not before allocating the link with said frequency band to the client device for transmission and ensure the communication thereof is performed efficiently. As per claim 5, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches to comprise a third radio operating a third Wi-Fi band that is different from the first and second Wi-Fi bands (pp. 0036, 0048: 2.4 GHz, 5 GHz upper, and 5 GHz lower). Amini and Liu do not teach the third radio is configured for communication over one or more additional fronthaul links. However, it is obvious to establish more than one fronthaul link to a network component for different types of communications. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Amini and Liu and further establish multiple fronthaul links to communicate different types of data to other network devices. As per claim 6, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches to comprise an adjustable third radio operating a channel in one or more of the 2.4 GHz band, 5 GHz band (pp. 0036, 0048). Amini and Liu do not teach the third radio to operate in 6 Ghz band as defined in the Wi-Fi 6E and Wi-Fi 7 standards. However, Amini suggests to implement the wireless mesh network of the invention according to IEEE 802.11 standards in WLAN (pp. 0004: IEEE 802.11 is Wi-Fi standard). Since Wi-Fi 6E and Wi-Fi 7 standards are available at the time of the filing of this application, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further implement the latest version of IEEE 802.11 to operate the Wi-Fi communication using different bands. As per claim 7, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the control circuit is configured to determine which one of the current topology and the new topology would result in greater throughput based on one or more of: multiple parallel streaming capabilities of the client device, one or more radios of the client device, a location within the Wi-Fi network or a Wi-Fi component to which the client device is connected, and a number of other client devices connected to the Wi-Fi component to which the client deice is connected (pp. 0043-0051). As per claim 8, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the control circuit is configured to adjust the topology in order to reduce the occurrence of one of the first and second radios being forced to share time for communication on both the backhaul and fronthaul links and in order to reduce sojourn time that packets are stored in a transmitter queue (pp. 0043-0051: optimizing throughput on both fronthaul and backhaul links). As per claim 9, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the Wi-Fi component is a gateway device (figure 1: AP 130 functions as a gateway connecting Internet 125). Amini and Liu do not teach wherein the control circuit is configured to send topology information to one or more leaf nodes for selecting one of the first and second radios to establish one or more backhaul links and for instructing the one or more leaf nodes to utilize the other of the first and second radios to establish respective fronthaul links. However, notifying the nodes in the topology of the routing link changes is a common practice well known in the art to allow the nodes to update the new routing links for communication. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further sends out topology change notification to all the nodes in the topology and allow routing updates of the established links. As per claim 10, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the Wi-Fi component is a leaf nod and the other Wi-Fi component is a gateway device (figure 1: AP 130 functions as a gateway connecting Internet 125). As per claim 11, Amini and Liu teach the invention as claimed in claim 1. Amini further teaches wherein the control circuit is configured to perform the step of detecting when the client device connects to the Wi-Fi component over the new fronthaul link after an optimization process that establishes the current topology, and wherein selecting the new topology includes a re-optimization process (pp. 0043-0051). As per claim 12, Amini teaches the invention including a wireless network having multiple wireless components arranged according to a current topology and configured to communicate with each other over a backhaul link, each wireless component configured to communicate with one or more clients over one or more fronthaul links, each wireless component comprising: A first radio operating in a first wireless band (pp. 0036, 0042); A second radio operating in a second wireless band, the second wireless band being different from the first wireless band (pp. 0036, 0042: Fronthaul communication link can be established by access point node at the 2.4 GHz band. By contrast, backhaul communication links can be established to operate at a different band than the fronthaul communication links such as within the 5 GHz lower band); and A control circuit configured to perform the steps of: Detecting when a client device connects to the wireless component over a new fronthaul link (pp. 0035-0036, 0044-0047), Determining wireless communication capabilities of the client device (pp. 0044-0047), Based on the wireless communication capabilities, determine which one of the current topology of the wireless network and a new topology of the wireless network would result in greater throughput of packets through the wireless network (pp. 0044-0051), and When it is determined that the new topology would result in greater throughput, adjusting the topology by designating one of the first radio and second radio form communication over the backhaul link and designating the other of the first radio and second radio for communication over the new fronthaul link (pp. 0047-0051). Amini does not teach the wireless component, wireless network and wireless band and wireless communication to be Wi-Fi component, Wi-Fi network and Wi-Fi band and Wi-Fi communication; and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over the first or second Wi-Fi bands and packet transmission over the other of the first or second Wi-Fi bands without queuing packets on a same channel. However, Wi-Fi is a well-known type of wireless communication and suggested by Amini. Amini provides a motivation to implement the wireless mesh network of the invention according to IEEE 802.11 standards in WLAN, which is Wi-Fi standard known in the art (pp. 0004: IEEE 802.11 is Wi-Fi standard). Liu teaches a Wi-Fi component implemented with multi Wi-Fi band with a first radio operating in a first Wi-Fi band (pp. 0007, 0036, 0056); a second radio operating in a second Wi-Fi band, the second Wi-Fi band being different from the first Wi-Fi band (pp. 0007, 0025) for performing Wi-Fi communication over a Wi-Fi component (pp. 0007, 0025); and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over one of the first or second Wi-Fi bands and packet transmission over the other of the first or second Wi-Fi bands without queuing packets on a same channel (pp. 0007, 0025-0027; simultaneously receive from and transmit to). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further implement the system with dual Wi-Fi baseband processors to process egress and ingress traffic concurrently using different Wi-Fi bands such as 900 MHz, 2.4 GHz, 3.6 GHz, 5 GHz bands…etc. As per claim 13, Amini and Liu teach the invention as claimed in claim 12. Amini further teaches wherein the control circuit is configured to cause the first radio to operate at a first channel in the first Wi-Fi band and cause the second radio to operate at a second channel in the second Wi-Fi band (pp. 0004, 0008, 0038, 0040-0041). As per claim 14, Amini and Liu teach the invention as claimed in claim 12. Liu further teaches wherein the first Wi-Fi band includes the 5GHz band (pp. 0025-0027, 0036) and second Wi-Fi band includes the 6GHz band (pp. 0025-0027). Amini and Liu do not teach wherein the first Wi-Fi band includes at least a portion of the 5GHz band as defined in Wi-Fi 6E and Wi-Fi 7 standards and the second Wi-Fi band includes at least a portion of the 6 GHz band as defined in the Wi-Fi 6E and Wi-Fi 7 standards. However, since Wi-Fi 6E and Wi-Fi 7 standards are available at the time of the filing of this application, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini, Liu and further implement the latest version of IEEE 802.11 to operate the Wi-Fi communication using different bands. As per claim 15, Amini and Liu teach the invention as claimed in claim 14. Amini and Liu do not teach wherein: When the control circuit determines that the Wi-Fi communication capabilities of the client device allows operations in the 6 GHz band, the control circuit is configured to designate the first radio for communication over the backhaul link and designate the second radio for communication over the new fronthaul link, and When the control circuit determines that the Wi-Fi communication capabilities of the client device do not allow operation in the 6 GHz band, the control circuit is configured to designate the second radio communication over the backhaul link and designate the first radio for communication over the new fronthaul link. However, it is obvious to first determine if the client device has the capability to support 6 GHz band transmission before designating the 6 GHz band radio for communication over such link or otherwise designate another radio which the client device supports in order to perform the communication properly and maintain or increase throughput. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further check to determine if the client device is able to support certain frequency band transmission or not before allocating the link with said frequency band to the client device for transmission and ensure the communication thereof is performed efficiently. As per claim 16, Amini and Liu teach the invention as claimed in claim 12. Amini further teaches to comprise a third radio operating a third Wi-Fi band that is different from the first and second Wi-Fi bands (pp. 0036, 0048: 2.4 GHz, 5 GHz upper, and 5 GHz lower). Amini and Liu do not teach the third radio is configured for communication over one or more additional fronthaul links. However, it is obvious to establish more than one fronthaul link to a network component for different types of communications. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Amini and Liu and further establish multiple fronthaul links to communicate different types of data to other network devices. As per claim 17, Amini teaches the invention including a method executed in a wireless network having a current topology, the method comprising: Detecting when a client device connects to the wireless component over a new fronthaul link (pp. 0035-0036, 0044-0047), Determining wireless communication capabilities of the client device (pp. 0044-0047), Based on the wireless communication capabilities, determine which one of the current topology of the wireless network and a new topology of the wireless network would result in greater throughput of packets through the wireless network (pp. 0044-0051), and When it is determined that the new topology would result in greater throughput, adjusting the topology by designating one of a first radio and second radio of the first wireless component for communication over a backhaul link with one or more other wireless components and designating the other of the first radio and second radio for communication over the new fronthaul link (pp. 0047-0051). Amini does not teach the wireless component, wireless network and wireless band and wireless communication to be Wi-Fi component, Wi-Fi network and Wi-Fi band and Wi-Fi communication; and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over Wi-Fi bands of the first radio or second radio and packet transmission over another Wi-Fi bands of the other of the first or second radio without queuing packets on a same channel. However, Wi-Fi is a well-known type of wireless communication and suggested by Amini. Amini provides a motivation to implement the wireless mesh network of the invention according to IEEE 802.11 standards in WLAN, which is Wi-Fi standard known in the art (pp. 0004: IEEE 802.11 is Wi-Fi standard). Liu teaches a Wi-Fi component implemented with multi Wi-Fi band with a first radio operating in a first Wi-Fi band (pp. 0007, 0036, 0056); a second radio operating in a second Wi-Fi band, the second Wi-Fi band being different from the first Wi-Fi band (pp. 0007, 0025) for performing Wi-Fi communication over a Wi-Fi component (pp. 0007, 0025); and wherein the backhaul link and fronthaul link are configured to operate in different Wi-Fi bands so as to enable simultaneous packet reception over one of the first or second Wi-Fi bands and packet transmission over the other of the first or second Wi-Fi bands without queuing packets on a same channel (pp. 0007, 0025-0027; simultaneously receive from and transmit to). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini and Liu and further implement the system with dual Wi-Fi baseband processors to process egress and ingress traffic concurrently using different Wi-Fi bands such as 900 MHz, 2.4 GHz, 3.6 GHz, 5 GHz bands…etc. As per claim 18, Amini and Liu teach the invention as claimed in claim 17. Amini further teaches to comprise the steps of: causing the first radio to operate at a first channel in the first Wi-Fi band; and causing the second radio to operate at a second channel in the second Wi-Fi band (pp. 0004, 0008, 0038, 0040-0041). As per claim 19, Amini and Liu teach the invention as claimed in claim 18. Liu further teaches wherein the first Wi-Fi band includes the 5GHz band (pp. 0025-0027, 0036) and second Wi-Fi band includes the 6GHz band (pp. 0025-0027). Amini and Liu do not teach wherein the first Wi-Fi band includes at least a portion of the 5GHz band as defined in Wi-Fi 6E and Wi-Fi 7 standards and the second Wi-Fi band includes at least a portion of the 6 GHz band as defined in the Wi-Fi 6E and Wi-Fi 7 standards. However, since Wi-Fi 6E and Wi-Fi 7 standards are available at the time of the filing of this application, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Amini, Liu and further implement the latest version of IEEE 802.11 to operate the Wi-Fi communication using different bands. As per claim 20, Amini and Liu teach the invention as claimed in claim 17. Amini further teaches wherein the control circuit is configured to determine which one of the current topology and the new topology would result in greater throughput based on one or more of: multiple parallel streaming capabilities of the client device, one or more radios of the client device, a location within the Wi-Fi network or a Wi-Fi component to which the client device is connected, and a number of other client devices connected to the Wi-Fi component to which the client deice is connected (pp. 0043-0051). Conclusion A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY S LIN whose telephone number is (571) 272-3968. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). KENNY S. LIN Examiner Art Unit 2416 /Kenny S Lin/ Primary Examiner, Art Unit 2416 February 2, 2026
Read full office action

Prosecution Timeline

Nov 01, 2022
Application Filed
Mar 04, 2025
Non-Final Rejection — §103
Jun 06, 2025
Response Filed
Jul 15, 2025
Final Rejection — §103
Oct 09, 2025
Request for Continued Examination
Oct 17, 2025
Response after Non-Final Action
Oct 23, 2025
Non-Final Rejection — §103
Jan 21, 2026
Response Filed
Feb 02, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598485
COMMUNICATION METHOD AND APPARATUS FOR PLURALITY OF ADMINISTRATIVE DOMAINS
2y 5m to grant Granted Apr 07, 2026
Patent 12593371
NETWORK NODE APPARATUS AND METHODS FOR ACHIEVING END-TO-END RELIABILITY AND IMPROVING FAULT TOLERANCE IN WIRELESS SYSTEMS
2y 5m to grant Granted Mar 31, 2026
Patent 12587221
Device for improving reception and method for improving reception
2y 5m to grant Granted Mar 24, 2026
Patent 12587938
CELL HANDOVER METHOD AND APPARATUS, AND STORAGE MEDIUM
2y 5m to grant Granted Mar 24, 2026
Patent 12588053
TRANSMISSION METHOD AND APPARATUS, PRIORITY DEFINITION METHOD AND APPARATUS, AND COMMUNICATION DEVICE
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

4-5
Expected OA Rounds
69%
Grant Probability
81%
With Interview (+11.6%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 847 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month