Prosecution Insights
Last updated: May 29, 2026
Application No. 18/005,881

Method and System for Monitoring a Wireless Communication Network

Non-Final OA §102§103
Filed
Jan 18, 2023
Priority
Jul 21, 2020 — DE 10 2020 209 171.4 +1 more
Examiner
ASRES, HERMON
Art Unit
2449
Tech Center
2400 — Computer Networks
Assignee
Volkswagen Aktiengesellschaft
OA Round
2 (Non-Final)
80%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
297 granted / 371 resolved
+22.1% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
11 currently pending
Career history
392
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
80.6%
+40.6% vs TC avg
§102
14.2%
-25.8% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 371 resolved cases

Office Action

§102 §103
DETAILED ACTION The following is a final office action in response to the Amendments filed on May 09, 2025. Claim 11, 18, and 19 have been amended. Claims 11-30 are pending. Response to Arguments 35 U.S.C. 102/103 Rejections Applicant’s argument regarding the 102-rejection filed on May 09, 2025 have been fully considered but are not persuasive. Applicant argued in substance that Ketonen doesn’t teach a wireless communication network comprises multiple access points under a common network name for the multiple access points. Examiner response Examiner respectfully disagree and would like to point to paragraph [0012] of the Ketonen reference which teaches Agents scan APs (BSSIDs) and their signal levels. This information may be submitted to a central server. The central server monitors reported signal levels. If an earlier measurement indicated similar signal levels forall Aps (Note: this are multiple access points). 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 11-16, and 18-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ketonen et al. (USPGPub 2018/0338187). As per claim 11, Ketonen teaches a method for monitoring a wireless communication network, wherein the wireless communication network comprises multiple access points under a common network name for the multiple access points, and wherein mobile terminals can connect to the wireless communication network via the access points (Ketonen, see paragraph [0012], Agents scan APs (BSSIDs) and their signal levels. This information may be submitted to a central server. The central server monitors reported signal levels. If an earlier measurement indicated similar signal levels for all APs, but a specific AP is missing completely, this indicates the specific AP is offline. Also see paragraph [0005], …for advanced Wi-Fi performance monitoring) comprising: establishing and checking a wireless communication connection to the access points in a targeted manner using at least one wireless network interface of a network monitoring device based on a predefined monitoring configuration with unique network identifiers stored therein and relating to access points of the wireless communication network to be checked (Ketonen, see paragraph [0040], A network being monitored or tested may comprise one or more service set identifiers (SSIDs), each representing an access point (AP), and each SSID may further comprise a plurality of virtual local area networks (VLANs), enabling complex network layouts to be operated by a single AP.) and storing a check result for each of the checked access points on a server via a wired communication connection formed by a wired network interface of the at least one network monitoring device (Ketonen, see paragraph [0006], presents results in an easy-to-read single-page user interface for data viewing. Test results may be logged in a database and shared across devices to enhance their own test data by filling in missing information, and may be used to form a broad representation of network performance that may be used to notify devices of performance issues or outages). As per claim 12, Ketonen teaches the method of claim 11, wherein the wireless communication network is configured as a Wi-Fi network, wherein the unique network identifier has a basic service set identification (BSSID) (Ketonen, see paragraph [0012], Agents scan APs (BSSIDs) and their signal levels. This information may be submitted to a central server. The central server monitors reported signal levels. If an earlier measurement indicated similar signal levels for all APs, but a specific AP is missing completely, this indicates the specific AP is offline. Also see paragraph [0005], …for advanced Wi-Fi performance monitoring). As per claim 13, Ketonen teaches the method of claim 11, wherein the specified monitoring configuration for the at least one network monitoring device is or has been stored on the server, the method comprising connecting, by the at least one network monitoring device, to the server and requesting the respectively specified monitoring configuration prior to the check via the wired network interface (Ketonen, see paragraph [0007], The agent contacts a test configuration server before each periodic test to determine what tests need to be performed and how often, or when, the next test need to be performed. After loading the latest required test profile, the agent performs the tests). As per claim 14, Ketonen teaches the method of claim 11, comprising: detecting access points of the wireless communication network that are arranged in the environment within the range of the at least one network monitoring device by the at least one network monitoring device; and determining and transmitting the unique network identifiers of which access points to the server by the wired communication connection in order to generate a monitoring configuration (Ketonen, see paragraph [0007], After loading the latest required test profile, the agent performs the tests. According to an aspect, the agent activates tests after a certain period of idle time of the mobile device/computer. When the mobile device/computer is unused (e.g., locked, and/or not active continuously running applications), the agent performs tests more frequently, or performs more detailed tests. These periodically (and typically for short periods) disconnect the device radio from the wireless network for the test, returning connection immediately after completion of the test). As per claim 15, Ketonen teaches the method of claim 11, comprising operating the wireless network interface and the wired network interface of the at least one network monitoring device are exclusively in an alternating manner (Ketonen, see paragraph [0047], … server 170 may compute operational parameters of various wireless or wired networks based on test results received from a plurality of client agents 110, and may direct one or more client agents 110 to carry out additional tests based on those operational parameters). As per claim 16, Ketonen teaches the method of claim 11, comprising cyclically repeating the check of the access points by the at least one network monitoring device (Ketonen, see paragraph [0014], a specific BSSID may need to be tested in more detail; when clients are connected to that BSSID, tests may be run more often or more tests may be performed). As per claim 18, [Rejection rational for claim 11 is applicable]. As per claim 19, [Rejection rational for claim 11 is applicable]. As per claim 20, Ketonen teaches a server for the system of claim 18, which server is configured to provide specified monitoring configurations and to receive and save check results of the at least one network monitoring device. (Ketonen, see paragraph [0007], The agent contacts a test configuration server before each periodic test to determine what tests need to be performed and how often, or when, the next test need to be performed. After loading the latest required test profile, the agent performs the tests). As per claim 21, Ketonen teaches the method of claim 12, wherein the specified monitoring configuration for the at least one network monitoring device is or has been stored on the server, comprising connecting, by the at least one network monitoring device, to the server and requesting the respectively specified monitoring configuration prior to the check via the wired network interface. (Ketonen, see paragraph [0007], After loading the latest required test profile, the agent performs the tests. According to an aspect, the agent activates tests after a certain period of idle time of the mobile device/computer. When the mobile device/computer is unused (e.g., locked, and/or not active continuously running applications), the agent performs tests more frequently, or performs more detailed tests. These periodically (and typically for short periods) disconnect the device radio from the wireless network for the test, returning connection immediately after completion of the test). As per claim 22, Ketonen teaches the method of claim 12, comprising detecting access points of the wireless communication network that are arranged in the environment within the range of the at least one network monitoring device by the at least one network monitoring device, and determining and transmitting the unique network identifiers of which access points to the server by the wired communication connection in order to generate a monitoring configuration. (Ketonen, see paragraph [0007], After loading the latest required test profile, the agent performs the tests. According to an aspect, the agent activates tests after a certain period of idle time of the mobile device/computer. When the mobile device/computer is unused (e.g., locked, and/or not active continuously running applications), the agent performs tests more frequently, or performs more detailed tests. These periodically (and typically for short periods) disconnect the device radio from the wireless network for the test, returning connection immediately after completion of the test). As per claim 23, Ketonen teaches the method of claim 13, comprising detecting access points of the wireless communication network that are arranged in the environment within the range of the at least one network monitoring device by the at least one network monitoring device, and determining and transmitting the unique network identifiers of which access points to the server by the wired communication connection in order to generate a monitoring configuration. (Ketonen, see paragraph [0007], After loading the latest required test profile, the agent performs the tests. According to an aspect, the agent activates tests after a certain period of idle time of the mobile device/computer. When the mobile device/computer is unused (e.g., locked, and/or not active continuously running applications), the agent performs tests more frequently, or performs more detailed tests. These periodically (and typically for short periods) disconnect the device radio from the wireless network for the test, returning connection immediately after completion of the test). As per claim 24, Ketonen teaches the method of claim 12, comprising operating the wireless network interface and the wired network interface of the at least one network monitoring device are exclusively in an alternating manner. (Ketonen, see paragraph [0047], … server 170 may compute operational parameters of various wireless or wired networks based on test results received from a plurality of client agents 110, and may direct one or more client agents 110 to carry out additional tests based on those operational parameters). As per claim 25, Ketonen teaches the method of claim 13, comprising operating the wireless network interface and the wired network interface of the at least one network monitoring device are exclusively in an alternating manner. (Ketonen, see paragraph [0047], … server 170 may compute operational parameters of various wireless or wired networks based on test results received from a plurality of client agents 110, and may direct one or more client agents 110 to carry out additional tests based on those operational parameters). As per claim 26, Ketonen teaches the method of claim 14, comprising operating the wireless network interface and the wired network interface of the at least one network monitoring device are exclusively in an alternating manner. (Ketonen, see paragraph [0047], … server 170 may compute operational parameters of various wireless or wired networks based on test results received from a plurality of client agents 110, and may direct one or more client agents 110 to carry out additional tests based on those operational parameters). As per claim 27, Ketonen teaches the method of claim 12, comprising cyclically repeating the check of the access points by the at least one network monitoring device. (Ketonen, see paragraph [0014], a specific BSSID may need to be tested in more detail; when clients are connected to that BSSID, tests may be run more often or more tests may be performed). As per claim 28, Ketonen teaches the method of claim 13, comprising cyclically repeating the check of the access points by the at least one network monitoring device. (Ketonen, see paragraph [0014], a specific BSSID may need to be tested in more detail; when clients are connected to that BSSID, tests may be run more often or more tests may be performed). As per claim 29, Ketonen teaches the method of claim 14, comprising cyclically repeating the check of the access points by the at least one network monitoring device. (Ketonen, see paragraph [0014], a specific BSSID may need to be tested in more detail; when clients are connected to that BSSID, tests may be run more often or more tests may be performed). As per claim 30, Ketonen teaches the method of claim 15, comprising cyclically repeating the check of the access points by the at least one network monitoring device. (Ketonen, see paragraph [0014], a specific BSSID may need to be tested in more detail; when clients are connected to that BSSID, tests may be run more often or more tests may be performed). 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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ketonen et al. (USPGPub 2018/0338187) in view of Bittnar et al. (US Patent 8,339,937). As per claim 17, Ketonen doesn’t explicitly teach the method of claim 11, comprising restarting one of the access points in a targeted manner if a check result for the access point indicates that the access point is malfunctioning. In analogous art Bittnar teaches the method of claim 11, comprising restarting one of the access points in a targeted manner if a check result for the access point indicates that the access point is malfunctioning (Bittnar, see column 6 line 30-37, detects the failure, the emergency controller instructing the gateway card of the access point to restart so that after restarting the gateway card is controlled by the emergency controller, the emergency controller controlling the restarted gateway card using the updated data obtained from the server). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to take the teaching of Bittnar and apply them on the teaching of Ketonen as doing so would prevent total network failure. (Bittnar, see column 6 line 30-37). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HERMON ASRES whose telephone number is (571)272-4257. The examiner can normally be reached Monday to Friday 9AM to 5PM. 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, Vivek Srivastava can be reached at (571)272-7304. 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. /HERMON ASRES/Primary Examiner, Art Unit 2449
Read full office action

Prosecution Timeline

Jan 18, 2023
Application Filed
Apr 10, 2025
Non-Final Rejection mailed — §102, §103
May 09, 2025
Response Filed
Sep 24, 2025
Final Rejection mailed — §102, §103
Nov 24, 2025
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641321
METHOD AND SYSTEM FOR LIVE MULTICASTING PERFORMANCES TO DEVICES
3y 6m to grant Granted May 26, 2026
Patent 12641007
OUT-OF-BAND SIGNALING AND ENERGY CONSUMPTION BASED ROUTING
3y 5m to grant Granted May 26, 2026
Patent 12641019
Circuit Style Segment Routing Policies with Compressed SID List
2y 4m to grant Granted May 26, 2026
Patent 12634258
INTERNET INFRASTRUCTURE SYSTEM AND METHOD
10m to grant Granted May 19, 2026
Patent 12621224
Abstracting Network Traffic as Video for Representation Learning
3y 2m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+19.2%)
3y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 371 resolved cases by this examiner. Grant probability derived from career allowance 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