Prosecution Insights
Last updated: April 19, 2026
Application No. 18/541,951

ACCESS POINT WITH GUARD INTERVAL PROCESS

Non-Final OA §103
Filed
Dec 15, 2023
Examiner
NGUYEN, TUAN HOANG
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Cisco Technology Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
94%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
1362 granted / 1508 resolved
+28.3% vs TC avg
Minimal +4% lift
Without
With
+4.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
1536
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1508 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 Information Disclosure Statement 1. The information disclosure statement (IDS) submitted on 04/01/2024 has been considered by Examiner and made of record in the application file. Claim Rejections - 35 USC §103 2. 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. 3. Claims 1-7, 9-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over DiStasio (U.S PAT. 9,696,421) in view of (Gan et al. (U.S PAT. 9,357,556, hereinafter, “Gan”). Consider claim 1, DiStasio teaches an apparatus comprising: a first radio arranged to receive a reflection comprising a signal reflected by a structure (Fig. 1, col. 2, lines 12-26); one or more memories (Fig. 3, a smart phone or a tablet computer, item 22); and one or more processors communicatively coupled to the one or more memories (Fig. 3, a smart phone or a tablet computer, item 22), a combination of the one or more processors configured to: determine, based on the reflection, a position of the structure (col. 2, lines 12-26). DiStasio does not explicitly show that set a first guard interval based on the position of the structure; and transmit a first message according to the first guard interval. In the same field of endeavor, Gan teaches set a first guard interval based on the position of the structure; and transmit a first message according to the first guard interval (col. 6, lines 41-52). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use, set a first guard interval based on the position of the structure; and transmit a first message according to the first guard interval, as taught by Gan, in order for adjusting a guard period in a base station for a cellular wireless communication system. Consider claim 2, DiStasio further teaches a second radio arranged to transmit the signal (Fig. 2, col. 2, lines 27-39). Consider claim 3, DiStasio further teaches wherein the signal is an impulse (Fig. 2, col. 2, lines 27-39). Consider claim 4, DiStasio further teaches wherein determining the position of the structure comprises determining a difference between a time when the signal was transmitted and a time when the reflection was received (col. 2, lines 40-46). Consider claim 5, DiStasio further teaches wherein the combination of the one or more processors is further configured to set a modulation based on the position of the structure, and wherein the first message is transmitted according to the modulation (col. 2, lines 40-46). Consider claim 6, DiStasio further teaches wherein determining the position of the structure comprises determining a delay spread of the reflection (col. 2, lines 12-26). Consider claim 7, DiStasio further teaches wherein the combination of the one or more processors is further configured to set a multiple-input and multiple-output order based on the position of the structure, and wherein the first message is transmitted according to the multiple-input and multiple-output order (col. 2, lines 58-67). Consider claim 9, the subject-matter of independent claim 9 relates to a method with features fully corresponding to the characteristics of claim 1. Therefore, the same argumentation presented in relation to claim 1 is, mutatis mutandis, of application to claim 9. Consider claim 10, the previous rejections of claim 2 apply mutatis mutandis to corresponding claim 10. Consider claim 11, the previous rejections of claim 3 apply mutatis mutandis to corresponding claim 11. Consider claim 12, the previous rejections of claim 4 apply mutatis mutandis to corresponding claim 12. Consider claim 13, the previous rejections of claim 5 apply mutatis mutandis to corresponding claim 13. Consider claim 14, the previous rejections of claim 6 apply mutatis mutandis to corresponding claim 14. Consider claim 15, the previous rejections of claim 7 apply mutatis mutandis to corresponding claim 15. Consider claim 17, DiStasio teaches an access point comprising: a first radio arranged to transmit an impulse (Fig. 2, col. 2, lines 27-39); a second radio arranged to receive a reflection comprising the impulse reflected by a structure (Fig. 1, col. 2, lines 12-26); a combination of one or more processors configured to: determine, based on the reflection, a position of the structure (Fig. 1, col. 2, lines 12-26); determine a first position of a first device (col. 2, lines 12-26). DiStasio does not explicitly show that set a first guard interval based on the position of the structure and the first position of the first device; and transmit a first message to the first device according to the first guard interval. In the same field of endeavor, Gan teaches set a first guard interval based on the position of the structure and the first position of the first device (col. 6, lines 41-52); and transmit a first message to the first device according to the first guard interval (col. 6, lines 41-52). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use, set a first guard interval based on the position of the structure and the first position of the first device; and transmit a first message to the first device according to the first guard interval, as taught by Gan, in order for adjusting a guard period in a base station for a cellular wireless communication system. Consider claim 18, the previous rejections of claim 4 apply mutatis mutandis to corresponding claim 18. Consider claim 19, the previous rejections of claim 5 apply mutatis mutandis to corresponding claim 19. Allowable Subject Matter 4. Claims 8, 16 and 20 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. Consider claim 8, the prior arts made of record, alone or in combination, fail to clearly teach or fairly suggest wherein the combination of the one or more processors is further configured to: determine a first position of a first device, wherein the first guard interval is set for the first device based on the position of the first device, and wherein the first message is transmitted to the first device; determine a second position of a second device, wherein the second position is different from the first position; set a second guard interval based on the position of the structure and the position of the second device; and transmit a second message to the second device according to the second guard interval, in combination with other limitations, as specified in the independent claim 1. Consider claim 16, the prior arts made of record, alone or in combination, fail to clearly teach or fairly suggest determining a first position of a first device, wherein the first guard interval is set for the first device based on the position of the first device, and wherein the first message is transmitted to the first device; determining a second position of a second device, wherein the second position is different from the first position; setting a second guard interval based on the position of the structure and the position of the second device; and transmitting a second message to the second device according to the second guard interval, in combination with other limitations, as specified in the independent claim 9. Consider claim 20, the prior arts made of record, alone or in combination, fail to clearly teach or fairly suggest wherein the combination of one or more processors is further configured to: determine a second position of a second device, wherein the second position is different from the first position; set a second guard interval based on the position of the structure and the position of the second device; and transmit a second message to the second device according to the second guard interval, in combination with other limitations, as specified in the independent claim 17. Conclusion 5. Any response to this action should be mailed to: Mail Stop_________ (Explanation, e.g., Amendment or After-final, etc.) Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Facsimile responses should be faxed to: (571) 273-8300 Hand-delivered responses should be brought to: Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22313 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. 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). /TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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Prosecution Timeline

Dec 15, 2023
Application Filed
Feb 01, 2026
Non-Final Rejection — §103
Apr 15, 2026
Applicant Interview (Telephonic)
Apr 15, 2026
Examiner Interview Summary

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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
94%
With Interview (+4.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1508 resolved cases by this examiner. Grant probability derived from career allow rate.

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