Prosecution Insights
Last updated: April 19, 2026
Application No. 18/429,246

Dynamic SP/LPI Multi-Band

Non-Final OA §102§103
Filed
Jan 31, 2024
Examiner
GHAFOERKHAN, FAIYAZKHAN
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Cisco Technology Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
486 granted / 560 resolved
+28.8% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 560 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-20 have been examined. 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 . 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)(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. Claim(s) 1-9 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230171709 A1 to Xu et al. (hereinafter “Xu”). As per claim 1, 20, Xu discloses a network device (Xu Fig. 12), comprising: a processor (Xu Fig. 12); at least one network interface controller configured to provide access to a network (Xu Fig. 12); and a memory communicatively coupled to the processor (Xu Fig. 12), wherein the memory comprises a management logic that is configured (Xu Fig. 12 and [0141] The power mode configuration module 1208 and/or the communication module 1209 may be implemented via hardware, software, or combinations thereof. The power mode configuration module 1208 and/or the communication module 1209 may be implemented as a processor, circuit, and/or instructions 1206 stored in the memory 1204 and executed by the processor 1202. In some instances, the power mode configuration module 1208 and/or the communication module 1209 can be integrated within the modem subsystem 1212. The power mode configuration module 1208 and/or the communication module 1209 can be implemented by a combination of software components (e.g., executed by a DSP or a general processor) and hardware components (e.g., logic gates and circuitry) within the modem subsystem 1212. The power mode configuration module 1208 and/or the communication module 1209 may be used for various aspects of the present disclosure, for example, aspects of FIGS. 1-11, 14, and 15.) to: select a channel (Xu [0043,0084]); identify one or more first channel segments of the channel, the one or more first channel segments being usable with a first transmit power mode and a second transmit power mode (Xu [0130] In other aspects, the BS 105 may configure a single PSD per subband in the UL BWP 1001 (not shown). A first transmit power parameter included in a first power mode configuration may include a first maximum transmit PSD for a first subband within a first UL BWP and a second maximum transmit PSD for a second subband within the first UL BWP, where the first subband may be different from the first subband. Additionally or alternatively, the second transmit power parameter included in a second power mode configuration may include a third maximum transmit PSD for a third subband within a second UL BWP and a fourth maximum transmit PSD for a fourth subband within the second UL BWP, where the third subband may be different from the fourth subband. [0131] In some aspects, the BS 105 and the UE 115 may operate in a first subband with an SP mode configuration and may operate in a second subband with an LP mode configuration. In other words, the BS 105 and the UE 115 may operate in the SP mode configuration and the LP mode configuration for different subbands, as shown in FIG. 11. FIG. 11 illustrates a wireless communication network 1100 according to one or more aspects of the present disclosure. The wireless communication network 1100 may be incorporated in the network 100. The network 1100 may include a BS 1105 and a UE 1115. The BS 1105 may correspond to the BS 105 in FIG. 1, and the UE 1115 may correspond to the UE 115 in FIG. 1.); identify one or more second channel segments of the channel, the one or more second channel segments being usable with the second transmit power mode (Xu [0130] In other aspects, the BS 105 may configure a single PSD per subband in the UL BWP 1001 (not shown). A first transmit power parameter included in a first power mode configuration may include a first maximum transmit PSD for a first subband within a first UL BWP and a second maximum transmit PSD for a second subband within the first UL BWP, where the first subband may be different from the first subband. Additionally or alternatively, the second transmit power parameter included in a second power mode configuration may include a third maximum transmit PSD for a third subband within a second UL BWP and a fourth maximum transmit PSD for a fourth subband within the second UL BWP, where the third subband may be different from the fourth subband. [0131] In some aspects, the BS 105 and the UE 115 may operate in a first subband with an SP mode configuration and may operate in a second subband with an LP mode configuration. In other words, the BS 105 and the UE 115 may operate in the SP mode configuration and the LP mode configuration for different subbands, as shown in FIG. 11. FIG. 11 illustrates a wireless communication network 1100 according to one or more aspects of the present disclosure. The wireless communication network 1100 may be incorporated in the network 100. The network 1100 may include a BS 1105 and a UE 1115. The BS 1105 may correspond to the BS 105 in FIG. 1, and the UE 1115 may correspond to the UE 115 in FIG. 1.); and announce the identified one or more first channel segments or the identified one or more second channel segments (Xu [0133] The BS 1105 may transmit the first and second power mode configurations to the UE 1115 in a variety of ways. In some aspects, the BS 1105 may transmit the first power mode configuration 1120 to the UE 1115 by transmitting a first BWP switch configuration for switching from the second UL BWP to the first UL BWP and/or may transmit the second power mode configuration 1122 to the UE 1115 by transmitting a second BWP switch configuration for switching from the first UL BWP to the second UL BWP. The first BWP switch configuration may include the first power mode configuration 1120, and the second BWP switch configuration may include the second power mode configuration 1122. The UE 1115 may receive the first power mode configuration 1120 and the second power mode configuration 1122 from the BS 1105. See also [0134]). As per claim 2, Xu discloses the network device of claim 1, wherein the one or more first channel segments or the one or more second channel segments are identified based on an automated frequency coordination (AFC) response (Xu [0064] An AP operating in the network 100 may refer to a U-NII transceiver that operates either as a bridge in a peer-to-peer connection or as a connector between the wired and wireless segments of the network 100 or as a relay between wireless network segments. Various APs such as, for example, an SP AP or an LP AP, may operate in the network 100. For an SP mode configuration, a BS 105 communicates with an AFC system, which may automatically determine and provide lists of which frequencies are available for use by SP APs operating in, for example, particular bands (e.g., the 5.925-6.425 GHz band and 6.525-6.875 GHz band). See also [0041-0043,0065-0066,0084]). As per claim 3, Xu discloses the network device of claim 1, wherein the channel is selected based on an automated frequency coordination (AFC) response (Xu [0064] An AP operating in the network 100 may refer to a U-NII transceiver that operates either as a bridge in a peer-to-peer connection or as a connector between the wired and wireless segments of the network 100 or as a relay between wireless network segments. Various APs such as, for example, an SP AP or an LP AP, may operate in the network 100. For an SP mode configuration, a BS 105 communicates with an AFC system, which may automatically determine and provide lists of which frequencies are available for use by SP APs operating in, for example, particular bands (e.g., the 5.925-6.425 GHz band and 6.525-6.875 GHz band). See also [0041-0043,0065-0066,0084]). As per claim 4, Xu discloses the network device of claim 1, wherein the channel comprises a plurality of sub-channels (Xu Figs. 9 and 10). As per claim 5, Xu discloses the network device of claim 4, wherein at least one channel segment of the identified one or more first channel segments (Xu Figs. 9 and 10) or the identified one or more second channel segments corresponds to one of the plurality of sub-channels (Xu Figs. 9 and 10). As per claim 6, Xu discloses the network device of claim 1, wherein the selected channel spans a boundary between a first unlicensed national information infrastructure (U-NII) band (Xu [0041,0064-0065,0067-0068]) a second U-NII band (Xu [0041,0064-0065,0067-0068]), the identified one or more first channel segments are included in the first U-NII band (Xu Figs. 9 and 10 and [0041,0064-0065,0067-0068]), and the identified one or more second channel segments are included in the second U-NII band (Xu Figs. 9 and 10 and [0041,0064-0065,0067-0068]). As per claim 7, Xu discloses the network device of claim 1, wherein to announce the identified one or more first channel segments and the identified one or more second channel segments, the management logic is further configured to: announce a first indication associated with the first transmit power mode (Xu [0134] In some aspects, the BS 1105 may transmit the first power mode configuration 1120 to the UE 1115 by transmitting the first power mode configuration 1120 in a first RRC configuration and/or may transmit the second power mode configuration 1122 to the UE 1115 by transmitting the second power mode configuration 1122 in a second RRC configuration. The BS 1105 may configure the power mode configuration per subband PSD limitation. The UE 1115 may apply different PSD limitations based on the UL transmission location. The first RRC configuration and/or the second RRC configuration may be BWP dependent.); and announce a second indication associated with the second transmit power mode (Xu [0134] In some aspects, the BS 1105 may transmit the first power mode configuration 1120 to the UE 1115 by transmitting the first power mode configuration 1120 in a first RRC configuration and/or may transmit the second power mode configuration 1122 to the UE 1115 by transmitting the second power mode configuration 1122 in a second RRC configuration. The BS 1105 may configure the power mode configuration per subband PSD limitation. The UE 1115 may apply different PSD limitations based on the UL transmission location. The first RRC configuration and/or the second RRC configuration may be BWP dependent.). As per claim 8, Xu discloses the network device of claim 7, wherein the first indication is associated with the identified one or more first channel segments and the identified one or more second channel segments (Xu Figs. 9, 10, and [0042,0127,0129-0132]), and the second indication is associated with the identified one or more second channel segments (Xu Figs. 9, 10, and [0042,0127,0129-0132]). As per claim 9, Xu discloses the network device of claim 7, wherein the first indication or the second indication is associated with a beacon (Xu [0057,0044,0069]) or a probe response. As per claim 17, Xu discloses the network device of claim 1, wherein the first transmit power mode corresponds to a standard power mode (Xu [0041] An access point (AP) operating in a network may refer to a U-NII transceiver that operates either as a bridge in a peer-to-peer connection or as a connector between the wired and wireless segments of the network or as a relay between wireless network segments. Various APs such as, for example, a standard power (SP) AP or a low-power indoor (LPI) AP, may operate in the network. In the present disclosure, LPI may also refer to low power (indoor or outdoor). For an SP mode configuration, a BS may communicate with an automated frequency coordination (AFC) system, which may automatically determine and provide lists of which frequencies are available for use by SP APs operating in, for example, particular bands (e.g., the 5.925-6.425 GHz band and 6.525-6.875 GHz band). For an LP mode configuration, it may be unnecessary for the BS to communicate with the AFC system. In some aspects, the BS may communicate with the AFC system for the LP mode configuration.), and the second transmit power mode corresponds to a low-power indoor mode (Xu [0041] An access point (AP) operating in a network may refer to a U-NII transceiver that operates either as a bridge in a peer-to-peer connection or as a connector between the wired and wireless segments of the network or as a relay between wireless network segments. Various APs such as, for example, a standard power (SP) AP or a low-power indoor (LPI) AP, may operate in the network. In the present disclosure, LPI may also refer to low power (indoor or outdoor). For an SP mode configuration, a BS may communicate with an automated frequency coordination (AFC) system, which may automatically determine and provide lists of which frequencies are available for use by SP APs operating in, for example, particular bands (e.g., the 5.925-6.425 GHz band and 6.525-6.875 GHz band). For an LP mode configuration, it may be unnecessary for the BS to communicate with the AFC system. In some aspects, the BS may communicate with the AFC system for the LP mode configuration.). As per claim 18, Xu discloses a client device (Xu Fig. 13), comprising: a processor (Xu Fig. 13); at least one network interface controller configured to provide access to a network (Xu Fig. 13); and a memory communicatively coupled to the processor (Xu Fig. 13), wherein the memory comprises a management logic (Xu Fig. 13) that is configured to: receive an indication of one or more first channel segments of a channel or one or more second channel segments of the channel, the one or more first channel segments being usable with a first transmit power mode and a second transmit power mode (Xu [0172] At block 1610, the method 1600 includes receiving, from a base station (BS), a first power mode configuration including a first transmit power parameter specific to the UE, the first transmit power parameter including at least one of a maximum transmit power or a maximum transmit PSD. At block 1620, the method 1600 includes transmitting, to the BS, a communication signal based on the first power mode configuration. [0173] In some aspects, the first power mode configuration includes an SP mode configuration, and the second power mode configuration includes an LP mode configuration. The first power mode configuration may include a first SP mode configuration, and the second power mode configuration may include a second SP mode configuration. In an instance, the UE 115 may receive, from the BS 105, a first RRC message indicating the first power mode configuration.), the one or more second channel segments being usable with the second transmit power mode (Xu [0172] At block 1610, the method 1600 includes receiving, from a base station (BS), a first power mode configuration including a first transmit power parameter specific to the UE, the first transmit power parameter including at least one of a maximum transmit power or a maximum transmit PSD. At block 1620, the method 1600 includes transmitting, to the BS, a communication signal based on the first power mode configuration. [0173] In some aspects, the first power mode configuration includes an SP mode configuration, and the second power mode configuration includes an LP mode configuration. The first power mode configuration may include a first SP mode configuration, and the second power mode configuration may include a second SP mode configuration. In an instance, the UE 115 may receive, from the BS 105, a first RRC message indicating the first power mode configuration.); and transmit a communication based on the indication (Xu [0172] At block 1610, the method 1600 includes receiving, from a base station (BS), a first power mode configuration including a first transmit power parameter specific to the UE, the first transmit power parameter including at least one of a maximum transmit power or a maximum transmit PSD. At block 1620, the method 1600 includes transmitting, to the BS, a communication signal based on the first power mode configuration. [0173] In some aspects, the first power mode configuration includes an SP mode configuration, and the second power mode configuration includes an LP mode configuration. The first power mode configuration may include a first SP mode configuration, and the second power mode configuration may include a second SP mode configuration. In an instance, the UE 115 may receive, from the BS 105, a first RRC message indicating the first power mode configuration.). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1-9 and 17-20 above, and further in view of US 2016/0050634 A1 to Seok (hereinafter “Seok”). As per claim 19, Xu discloses the client device of claim 18, wherein to transmit the communication, the management logic is further configured to simultaneously transmit, via a first link, a first communication based on at least one of the one or more first channel segments and the first transmit power mode and, via a second link, a second communication based on at least one of the one or more second channel segments and the second transmit power mode, and the first link and the second link are associated with a multi-link operation. Xu may not explicitly disclose, but Seok, which is in the same field of endeavor, discloses simultaneously transmit, via a first link, a first communication based on at least one of the one or more first channel segments and the first transmit power mode and, via a second link, a second communication based on at least one of the one or more second channel segments and the second transmit power mode, and the first link and the second link are associated with a multi-link operation (Seok [0243] The example of FIG. 20 illustrates transmission power control for multiple transmitter transmission. For example, it is assumed that the multiple transmitter transmission is OFDMA transmission. When STA1, STA2, STA3, STA4, STA5, STA6, and STA7 transmit HE PPDUs simultaneously to the AP, they may transmit a 20-MHz HE PPDU, a 20-MHz HE PPDU, a 20-MHz HE PPDU, a 20-MHz HE PPDU, a 20-MHz HE PPDU, a 20-MHz HE PPDU, and a 40-MHz HE PPDU, respectively on a primary channel and a secondary channel(s). [0244] Further, the PSDs of a plurality of PPDUs transmitted in the same frequency segment by a plurality of transmitting STAs may be maintained equal or similar in the example of FIG. 20. This is because different maximum transmission power values may be allowed for different frequency positions according to the regulation requirement. That is, even though HE PPDUs are transmitted in the same channel bandwidth (or subchannel bandwidth), the output powers of the HE PPDUs may be set to different values according to frequency positions (e.g., frequency segments) to which corresponding channels (or subchannels) belong.). The purpose of Seok is to transmission power control for a device and reducing adjacent-channel interference (Seok [0003,0258]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Seok with Xu, to transmission power control for a device and reducing adjacent-channel interference (Seok [0003,0258]). Allowable Subject Matter Claims 10-16 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex. 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, Ayaz R Sheikh can be reached at (571) 272-3795. 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. FAIYAZKHAN GHAFOERKHAN Primary Examiner Art Unit 2476 /FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476
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Prosecution Timeline

Jan 31, 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
87%
Grant Probability
95%
With Interview (+8.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 560 resolved cases by this examiner. Grant probability derived from career allow rate.

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