Prosecution Insights
Last updated: April 19, 2026
Application No. 18/538,011

Testing wireless networks using over-the-air signals

Non-Final OA §103
Filed
Dec 13, 2023
Examiner
ZAIDI, IQBAL
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Lutris Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
1090 granted / 1207 resolved
+32.3% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
1239
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1207 resolved cases

Office Action

§103
DETAILED ACTION The instant application having application No 18/538011 filed on 12/13/2023 is presented for examination by the examiner. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Britt et al. (U.S 2017/0127304, May 4, 2017) in view of Cao et al. (US 20190007185, Jan. 3, 2019). Regarding Claim 1, Britt discloses analyzing the determined message to determine network parameters that define a status of the one or more wireless networks(page 19, par (0253), line 5-10, A device identification module receives the raw data streams from the radios and identifies the specific devices involved in the BTLE communication networks(wherein BTLE communication are networks), the devices are identified with a unique BTLE device ID, the radios perform the physical layer processing of the BTLE protocol and the device module performs link layer(network parameters) processing of the BTLE protocol(analyzing the network parameter of the device in the BTLE protocol)); and presenting the determined network parameters for the one or more wireless networks at the given location (page 6, par (0085), line 1-10, a first IoT device with control logic configured to tum off all power in the user's home, IoT devices with sensors then be positioned near electronic equipment in the user's home (networks at the given location). If the user is notified that a particular piece of equipment has been left on, the user then sends a command to turn off all electricity in the home to prevent damage). Britt discloses all aspects of the claimed invention, except steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location; decoding the data to determine messages in the raw signals. Cao is the same field of invention teaches steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location (page 6, par (0091), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals, Continuous channel usage monitor monitors the wireless environment by decoding CAIS frames transmitted of the frequency channels, using raw signal samples); decoding the data to determine messages in the raw signals(page 6, par (0091-0092), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals, Continuous channel usage monitor monitors the wireless environment by decoding CAIS frames transmitted of the frequency channels, using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator). Britt and Cao are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving data captured from monitoring raw signals from one or more wireless networks at a given location the teaching of Britt to include the using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator teaching of Cao because it is providing the information about outgoing data traffic to continuous channel usage monitor. Regarding Claim 2, Britt discloses the monitoring raw signals and the decoding the data is performed without any information related to the one or more wireless networks other than observable information based on listening to Over-the-Air (OTA) signals (page 9, par (0117), line 1-10, the secure key storage on each IoT device is implemented using a programmable subscriber identity module (SIM)). Regarding Claim 3, Britt discloses the monitoring raw signals and decoding the data is performed by a device that excludes a Subscriber Identity Module (SIM) (page 9, par (0117), line 1-10, program the SIM with a set of encryption keys, the user takes the programmable SIM card out of the SIM interface and inserts it into a SIM programming interface on the IoT hub). Regarding Claim 4, Britt discloses all aspects of the claimed invention, except the decoding is performed without one of more of message length, message format, Radio Network Temporary Information (RNTI), and a combination thereof. Cao is the same field of invention teaches the decoding is performed without one of more of message length, message format, Radio Network Temporary Information (RNTI), and a combination thereof (page 7, par (0112-0113), line 1-10, decoding module provides information about ongoing data reception, so that multichannel allocator decide the content encoded into the CAIS, when data reception begins, multichannel allocator chooses one or more frequency channel to broadcast the node's CAIS in order to provide immediate protection to the ongoing data reception). Regarding Claim 5, Britt discloses the monitoring raw signals and decoding the data is performed without encryption keys for the one or more wireless networks) (page 3, par (0061), line 1-10, microcontroller includes a secure key store for storing encryption keys for encrypting communications and generating signatures, the keys may be secured in a subscriber identify module (SIM)). Regarding Claim 6, Britt discloses the decoding is performed via search algorithms operating on observations from client specific downlink or uplink network traffic (page 15, par (0220), line 1-10, the IoT service creates an encrypted channel to communicate with the IoT hub using elliptic curve digital signature algorithm (ECDSA) certificates). Regarding Claim 7, Britt discloses the analyzing includes determining physical layer, modulation, and protocol information from the determined messages and calculating the network parameters therefrom, the network parameters include performance related metrics (page 20, par (0265), line 1-10, the signal characteristic analysis and filtering module further filters the signals based on specific signal characteristics, the signal characteristic analysis and filtering module is implemented at the physical layer, the signal characteristic analysis and filtering module filter signals based on detected signal bandwidth, signal central frequency, signal modulation scheme). Regarding Claim 8, Britt discloses all aspects of the claimed invention, except the network parameters include supportable Modulation and Coding Scheme (MCS) and supportable Multiple Input Multiple Output (MIMO), each determined from the monitored raw signals. Cao is the same field of invention teaches the network parameters include supportable Modulation and Coding Scheme (MCS) and supportable Multiple Input Multiple Output (MIMO), each determined from the monitored raw signals (page 6, par (0091-0092), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals, Continuous channel usage monitor monitors the wireless environment by decoding CAIS frames transmitted of the frequency channels, using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator). Regarding Claim 9, Britt discloses the network parameters include network capacity (page 4, par (0068), line 1-10, the specific networking protocol used to provide updates based on the needs of the underlying application, where sense to have a continuous bi-directional stream, a simple request/response protocol used to gather information when needed). Regarding Claim 10, Britt discloses the network parameters include load which is estimated based on a comparison of Reference Signal Received Quality (RSPQ) and Reference Signal Received Power (RSRP) (page 21, par (0292), line 1-10, the signal analysis and filtering parameters specify FCC requirements such that signal characteristic analysis and filtering module compare these against the captured signal to identify non-intentional and non-compliance signals). Regarding Claim 11, Britt discloses all aspects of the claimed invention, except the network parameters include load estimated based on observation of network traffic patterns or schedules. Cao is the same field of invention teaches the network parameters include load estimated based on observation of network traffic patterns or schedules (page 7, par (0115), line 1-5, Data traffic source provides multi-channel allocator with information on data bit packaging, so that multi-channel allocator decides the coding and modulation parameters for fitting into the frequency channel mapping pattern of data transmission). Regarding Claim 12, Britt discloses the network parameters include interference which is estimated using the monitored raw signals (page 19, par (0253), line 5-10, A device identification module receives the raw data streams from the radios and identifies the specific devices involved in the BTLE communication). Regarding Claim 13, Britt discloses all aspects of the claimed invention, except the interference parameters include signal strength and time utilization. Cao is the same field of invention teaches the interference parameters include signal strength and time utilization (page 8, par (0124), line 1-5, Strong interference from other nodes interfere with reception at the node. The node measure received signal strengths and determine that some channels are suffering from strong interference from other nodes). Regarding Claim 14, Britt discloses the interference parameters are shown for individual interfering base stations or networks (page 21, par (0302), line 1-10, determine the interference robustness of different BTLE devices and also to identify BTLE devices which do not operate well with other BTLE devices, some BTLE devices configured to increase SNR on channels in response to interference, which result in degraded performance of other BTLE devices on the network). Regarding Claim 15, Britt discloses providing feedback regarding performance of the one or more wireless networks, the feedback including any of synchronization of base stations and any errors, values for preamble settings and selections, Public Land Mobile Network (PLMN) identifiers, 4G and 5G optional features, Modulation and Coding Scheme (MCS) tables, and carrier aggregation(page 2, par (0048), line 1-10, the IoT hub includes a cellular radio to establish a connection to the Internet via a cellular service such as a 4G (e.g., Mobile WiMAX, LTE) or 5G cellular data service). Regarding Claim 16, Britt discloses the steps further include providing recommendations related the one or more wireless networks, including detection of anomalous configurations or behaviors (page 21, par (0302), line 1-10, determine the interference robustness of different BTLE devices and also to identify BTLE devices which do not operate well with other BTLE devices, some BTLE devices configured to increase SNR on channels in response to interference). Regarding Claim 17, Britt discloses all aspects of the claimed invention, except determined network parameters include initial associations, roaming/handoff problems or delays, clients consuming excessive resources, clients with high packet error rates, and clients in wrong bands or in sub-optimal modes. Cao is the same field of invention teaches determined network parameters include initial associations, roaming/handoff problems or delays, clients consuming excessive resources, clients with high packet error rates, and clients in wrong bands or in sub-optimal modes (page 6, par (0089), line 1-5, the signal is delayed by a random time period before being transmitted to the target node in order to avoid collision with another node simultaneously initiating transmission on an allocated channel). Regarding Claim 18, Britt discloses the determined network parameters include localization of signals, including any of interfering devices, noise sources, poorly behaving clients, and clients or base stations in neighboring systems, wherein the localization is performed via triangulation, direction-of-arrival, and a combination thereof(page 21, par (0302), line 1-10, determine the interference robustness of different BTLE devices and also to identify BTLE devices which do not operate well with other BTLE devices, some BTLE devices configured to increase SNR on channels in response to interference, which result in degraded performance of other BTLE devices on the network). Regarding Claim 19, Britt discloses analyzing the determined message to determine network parameters that define a status of the one or more wireless networks(page 19, par (0253), line 5-10, A device identification module receives the raw data streams from the radios and identifies the specific devices involved in the BTLE communication, the devices are identified with a unique BTLE device ID, the radios perform the physical layer processing of the BTLE protocol and the device module performs link layer processing of the BTLE protocol(analyzing the network parameter of the device in the BTLE protocol)); and presenting the determined network parameters for the one or more wireless networks at the given location (page 6, par (0085), line 1-10, a first IoT device with control logic configured to tum off all power in the user's home, IoT devices with sensors then be positioned near electronic equipment (given location) in the user's home. If the user is notified that a particular piece of equipment has been left on, the user then sends a command to turn off all electricity in the home to prevent damage). Britt discloses all aspects of the claimed invention, except steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location; decoding the data to determine messages in the raw signals. Cao is the same field of invention teaches steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location (page 6, par (0091), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals); decoding the data to determine messages in the raw signals(page 6, par (0091-0092), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals, Continuous channel usage monitor monitors the wireless environment by decoding CAIS frames transmitted of the frequency channels, using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator). Britt and Cao are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving data captured from monitoring raw signals from one or more wireless networks at a given location the teaching of Britt to include the using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator teaching of Cao because it is providing the information about outgoing data traffic to continuous channel usage monitor. Regarding Claim 20, Britt discloses analyzing the determined message to determine network parameters that define a status of the one or more wireless networks(page 19, par (0253), line 5-10, A device identification module receives the raw data streams from the radios and identifies the specific devices involved in the BTLE communication, the devices are identified with a unique BTLE device ID, the radios perform the physical layer processing of the BTLE protocol and the device module performs link layer processing of the BTLE protocol(analyzing the network parameter of the device in the BTLE protocol)); and presenting the determined network parameters for the one or more wireless networks at the given location (page 6, par (0085), line 1-10, a first IoT device with control logic configured to tum off all power in the user's home, IoT devices with sensors then be positioned near electronic equipment (given location) in the user's home. If the user is notified that a particular piece of equipment has been left on, the user then sends a command to turn off all electricity in the home to prevent damage). Britt discloses all aspects of the claimed invention, except steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location; decoding the data to determine messages in the raw signals. Cao is the same field of invention teaches steps of receiving data captured from monitoring raw signals from one or more wireless networks at a given location (page 6, par (0091), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals); decoding the data to determine messages in the raw signals(page 6, par (0091-0092), line 1-5, Allocation manager includes continuous channel usage monitor, multichannel allocator and CAIS generator, Continuous channel usage monitor extracts the CAIS from received signals, Continuous channel usage monitor monitors the wireless environment by decoding CAIS frames transmitted of the frequency channels, using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator). Britt and Cao are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving data captured from monitoring raw signals from one or more wireless networks at a given location the teaching of Britt to include the using raw signal samples provided by the receive (Rx) baseband pre-processing, and provides this information to multi-channel allocator teaching of Cao because it is providing the information about outgoing data traffic to continuous channel usage monitor. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: Martin II et al. (US 20240205699) teaches Testing wireless networks using over-time-air signals. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. 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). /IQBAL ZAIDI/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Dec 13, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §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
90%
Grant Probability
97%
With Interview (+6.6%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1207 resolved cases by this examiner. Grant probability derived from career allow rate.

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