Prosecution Insights
Last updated: April 19, 2026
Application No. 18/425,965

AFC OPTIMIZATION FOR WLAN DEPLOYMENTS

Non-Final OA §102§103
Filed
Jan 29, 2024
Examiner
DAYA, TEJIS A
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Hewlett Packard Enterprise Development LP
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
487 granted / 572 resolved
+27.1% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
599
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 572 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The instant application No. 18425965 has claims 1-20 are pending. 2 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 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(s) 10 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Anantharaman et al. (Pub. No. US 2024/0098615 A1; hereinafter Anan). Regarding claim 10, Anan discloses an access point (AP) comprising: one or more processors; and memory coupled to the one or more processors, the memory storing instructions executable by the one or more processors to cause the AP to: (See ¶0086, the AP 402 additionally includes an application processor 430 coupled with the wireless communication device 410, and a memory 440 coupled with the application processor 430.) receive a collaborative AFC response packet from at least one of a second AP and a central entity that manages APs in a Wireless Local Area Network (WLAN) deployment that includes the AP, (See ¶0053, the wireless communication device sends an AFC request indicating the location (such as its latitude and longitude) of the wireless communication device and requesting from the AFC server the permitted power level for the location based on the stored information on the AFC server. For a mobile wireless communication device (such as APs ); See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP) wherein the collaborative AFC response packet indicates one or more allowable channels and a maximum allowable power level for broadcasting wireless communications over a 6 GHz frequency band in a Standard Power mode; (2024/0098615-See ¶0138, he AFC requests from the AP 1310 are based on typical times when an AFC request is to be transmitted by a device for AFC (such as based on a standard or a vendor); For the first depicted AFC request transmitted by the AP 1310 to the cellular network controller 1320, the cellular network controller 1320 identifies that an AFC response from the AFC server 1330 (which indicates the transmit power that may be used by the AP 1310 or STA) is needed; See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP; , the AFC response may include a frequency indicator to indicate one or more channels in the 6 GHz spectrum to be used for transmission by the AP to a network entity. As such, the device may also instruct that the AP (or STA) use a specific 6 GHz frequency for transmission.) and responsive to receiving the collaborative AFC response packet, enable 6 GHz wireless communication and broadcast wireless communications over the 6 GHz frequency band in the Standard Power mode. (See ¶0147, As such, the device may also instruct that the AP (or STA) use a specific 6 GHz frequency for transmission; See ¶0060, To perform passive scanning, a STA 104 listens for beacons, which are transmitted by respective APs 102 at a periodic time interval referred to as the target beacon transmission time (TBTT) (measured in time units (TUs) where one TU may be equal to 1024 microseconds (μs); See ¶0117, he AP may transmit to one or more STAs of its BSS in the 6 GHz band using the set transmit power) Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-2, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Anantharaman et al. (Pub. No. US 2024/0098615 A1; hereinafter Anan) in view of Furuichi et al. (Pub. No. US 2022/0386311 A1; hereinafter Furu). Regarding claim 1, Anan discloses an access point (AP) comprising: one or more processors; and memory coupled to the one or more processors, the memory storing instructions executable by the one or more processors to cause the AP to: (See ¶0086, the AP 402 additionally includes an application processor 430 coupled with the wireless communication device 410, and a memory 440 coupled with the application processor 430.) receive an Automatic Frequency Coordination (AFC) response from an AFC vendor, the AFC response indicating one or more allowable channels and a maximum allowable power level for broadcasting wireless communications over a frequency band in a Standard Power mode; (2024/0098615-See ¶0138, he AFC requests from the AP 1310 are based on typical times when an AFC request is to be transmitted by a device for AFC (such as based on a standard or a vendor); For the first depicted AFC request transmitted by the AP 1310 to the cellular network controller 1320, the cellular network controller 1320 identifies that an AFC response from the AFC server 1330 (which indicates the transmit power that may be used by the AP 1310 or STA) is needed; See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP; , the AFC response may include a frequency indicator to indicate one or more channels in the 6 GHz spectrum to be used for transmission by the AP to a network entity. As such, the device may also instruct that the AP (or STA) use a specific 6 GHz frequency for transmission.) and send, to at least one of a second AP and a central entity that manages APs in a Wireless Local Area Network (WLAN) deployment that includes the AP, a collaborative AFC response packet indicating the one or more allowable channels and the maximum allowable power level for broadcasting the wireless communications over the frequency band in the Standard Power mode. Anan fails to disclose send, to at least one of a second AP and a central entity that manages APs in a Wireless Local Area Network (WLAN) deployment that includes the AP, a collaborative AFC response packet indicating the one or more allowable channels and the maximum allowable power level for broadcasting the wireless communications over the frequency band in the Standard Power mode. Furu disclose send, to at least one of a second AP and a central entity that manages APs in a Wireless Local Area Network (WLAN) deployment that includes the AP, a collaborative AFC response packet indicating the one or more allowable channels and the maximum allowable power level for broadcasting the wireless communications over the frequency band in the Standard Power mode. (2022/0386311-See ¶0397, The designation method is a request method in which the base station device 40 designates at least a frequency band channel to be used and maximum transmission power as desired communication parameters and requests the communication control device 60 to permit operation based on the desired communication parameters; See ¶0167, he radio access technology used by the base station device 40 is not limited thereto, and may be other radio access technologies. For example, the radio access technology used by the radio apparatus 10 may be a low power wide area (LPWA) communication technology.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving information on one or more channels which can be used with maximum transmission power to include transmit maximum channel power to the control device. The motivation to combine is efficient indicate a spectrum for which it is desired to know whether or not the spectrum is available (See ¶0376). Regarding claim 2, Anan discloses the frequency band comprises the 6 GHz frequency band. (See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP; the AFC response may include a frequency indicator to indicate one or more channels in the 6 GHz spectrum to be used for transmission by the AP to a network entity. As such, the device may also instruct that the AP (or STA) use a specific 6 GHz frequency for transmission.) Regarding claim 6, Anan fails to disclose the memory comprises further instructions executable by the one or more processors to cause the AP to send, to the AFC vendor, an AFC query indicating global positioning system (GPS) coordinates of the AP; and the AFC response from the AFC vendor is responsive to the AFC query. Furu discloses the AP to send, to the AFC vendor, an AFC query indicating global positioning system (GPS) coordinates of the AP; and the AFC response from the AFC vendor is responsive to the AFC query. (See ¶0426, position information is included in a request for the available spectrum query procedure, that position information may be used; See ¶0324, position information is coordinate information acquired by a positioning function represented by a global positioning system (GPS)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving information on one or more channels which can be used with maximum transmission power to include transmit maximum channel power to the control device. The motivation to combine is efficient indicate a spectrum for which it is desired to know whether or not the spectrum is available (See ¶0376). Regarding claim 8, Anan discloses the memory comprises further instructions executable by the one or more processors to cause the AP to: responsive to receiving the AFC response from the AFC vendor, enable 6 GHz wireless communication. (See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP; the AFC response may include a frequency indicator to indicate one or more channels in the 6 GHz spectrum to be used for transmission by the AP to a network entity) Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Anan in view of Furu and, further in view of Rengarajan et al. (Pub. No. US 2018/0324607 A1; hereinafter Reng). Regarding claim 5, Anan in view of Furu fails to disclose the AP sends the collaborative AFC response packet over a lower frequency band than the 6 GHz frequency band. Reng discloses the AP sends the collaborative AFC response packet over a lower frequency band than the 6 GHz frequency band. (2018/0324607-See ¶0065, Wi-Fi APs operate in the 2.4 GHz and 5 GHz bands; See ¶0073, the Wi-Fi network manager 302 first assigns the maximum bandwidth to each AP, an AP's primary channel may overlap with a neighboring AP's secondary channels) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify discloses 6 ghz is assigned to AP to be used for communication with other devices to include lower frequency band can be use to transmit and receive. The motivation to combine is he APs 104, 106 use different frequencies and inter-AP interference is minimized (See ¶0053). Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (Pub. No. US 2023/0379840 A1) in view of Anantharaman et al. (Pub. No. US 2024/0098615 A1; hereinafter Anan). Regarding claim 18, Wang discloses receiving, from a first access point (AP) in a Wireless Local Area Network (WLAN) deployment, a collaborative AFC response packet indicating one or more allowable channels and a maximum allowable power level for broadcasting wireless communications over a 6 GHz frequency band in a Standard Power mode; (20230379840-See ¶0063, The request may be a request for frequency channel information, power limit information; See ¶0066, The power limit may be the maximum limit allowed by FCC rule; See 0088, the standard power access point transmits a list of frequency channels that was previously received by from an AFC system) However, Wang fails to disclose sending, to one or more other APs in the WLAN deployment, a central entity-generated AFC response packet indicating the one or more allowable channels and the maximum allowable power level for broadcasting the wireless communications over the 6 GHz frequency band in the Standard Power mode. Anan discloses sending, to one or more other APs in the WLAN deployment, a central entity-generated AFC response packet indicating the one or more allowable channels and the maximum allowable power level for broadcasting the wireless communications over the 6 GHz frequency band in the Standard Power mode. (2024/0098615-See ¶0138, he AFC requests from the AP 1310 are based on typical times when an AFC request is to be transmitted by a device for AFC (such as based on a standard or a vendor); For the first depicted AFC request transmitted by the AP 1310 to the cellular network controller 1320, the cellular network controller 1320 identifies that an AFC response from the AFC server 1330 (which indicates the transmit power that may be used by the AP 1310 or STA) is needed; See ¶0147, the AFC power level indication included in the AFC response may indicate a maximum transmit power allowed for the current location of the AP; , the AFC response may include a frequency indicator to indicate one or more channels in the 6 GHz spectrum to be used for transmission by the AP to a network entity. As such, the device may also instruct that the AP (or STA) use a specific 6 GHz frequency for transmission.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify request transmitting maximum power limit to include a response to include power limits for the AP. The motivation to combine is reducing the number of AFC requests, fewer resources of a wireless network to transmit the AFC requests (See ¶0056). Allowable Subject Matter Claims 3-4, 7, 9, 11-17 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (Patent No. US 12,335,908 B1)-Col. 5 Lines 1-25, The FCC has issued a mandate that 6 GHz access points (AP) obtain authorization from an automated frequency coordination (AFC) system (e.g., AFC system, such as AFC server, in the region) before operating in a standard power (SP) mode (e.g., mode that generates a maximum transmission power of 36 dBm). In some circumstances, an AP may send an AFC inquiry request, for example, a channel availability request, including operational characteristics of the AP. The operational characteristics may include, for example, a geolocation, a location confidence, an antenna height, an FCC ID, a serial number, and/or other device characteristics. The AFC system may determine a predicted interference on an incumbent system based on received operational characteristics, and thereby providing, to the AP, an AFC response, which may also be referred to a response to an AFC inquiry request, AFC request, AFC inquiry or AFC query. The AFC response may include information indicating available frequency spectrum (e.g., available channel) and power constraints thereon for the AP. The power constraint on a channel refers to a threshold operating power (e.g., maximum operating power) for the AP to operate on the channel while located within a geofence. For purpose of obtaining AFC related authorization, the AP is required to obtain its location information, and then reports the location information to the AFC system. Desai et al. (Pub. No. US 2023/0022388 A1)-See ¶0011, The access point controller analyzes the results of each iteration to determine an acceptable margin of error. For example, the access point controller may determine how the AFC results change as the margin of error is adjusted. If a difference between the AFC results does not exceed a threshold with adjustments in the margin of error, then the access point controller may use the larger or largest of the margins of error to perform AFC for the other access points in the network. The increased margin of error allows AFC to be performed even when the geospatial coordinates and/or heights of the other access points are approximated or not accurately known. Stated differently, the access point controller determines a margin of error that can be used in AFC without changing the AFC results beyond a threshold. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEJIS DAYA whose telephone number is (571)270-7817. The examiner can normally be reached 6:30-4:30. 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, Nicholas Jensen can be reached at 571-270-5443. 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. /Tejis Daya/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Jan 29, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
87%
With Interview (+1.9%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 572 resolved cases by this examiner. Grant probability derived from career allow rate.

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