Prosecution Insights
Last updated: July 17, 2026
Application No. 18/577,150

DEVICE DISCOVERY METHOD AND APPARATUS, AND STORAGE MEDIUM

Final Rejection §103
Filed
Jan 05, 2024
Priority
Jul 07, 2021 — nonprovisional of PCTCN2021104959
Examiner
WYLLIE, CHRISTOPHER T
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
1y 6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
372 granted / 636 resolved
+0.5% vs TC avg
Strong +36% interview lift
Without
With
+36.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
18 currently pending
Career history
669
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
86.8%
+46.8% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 636 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 OFFICE ACTION This action is responsive to the communication received March 20th, 2026. Claims 1, 5-8, 10-11, 16, and 21-22 have been amended. Claims 4, 12-13, 20 have been canceled. Claims 23-24 have been newly added. Claims 1-3, 5-11, 14-19, 21-24 have been entered and are presented for examination. Application 18/577,150 is a 371 of PCT/CN2021/104959 07/07/2021. Response to Arguments Examiner respectfully disagrees with Applicant’s argument. Kneckt et al. discloses fast initial link setup (FILS) discovery frames (paragraph 0255). The frames may include a frame that includes information associated with operation of the third electronic device in the second band of frequencies and the scan is based at least in part on the information. Additionally, the frame may include a group-addressed frame. In some embodiments, the frame may include an RNR and the RNR may include the information (paragraph 0182) wherein a change sequence in the RNR … may be a counter for affiliated AP-specific critical operating parameter update. An additional or modified value may indicate that a link-specific parameter value is changed. In some embodiments, if a critical capability update flag subfield is set to ‘1’ to indicate that a change sequence value of any affiliated access point of the AP MLD or an ML element parameter have changed. Note that each transmit and non-transmit BSS may have its own critical capability update flag (paragraph 0269). As shown above, Kneckt et al. discloses the claimed FD frame which can have an RNR with a change sequence and a preset value. The rejection of the claims is respectfully maintained. 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. 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 non-obviousness. 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) 1-3, 7-9, 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0287122) in view of Kneckt et al. (US 2022/0408349). Regarding claims 1, 7, 14-17, Wang et al. discloses a device discovery method (paragraph 0086 [A multi-link AP, which may be a member of a multi-AP set, may advertise one or more of its multi-link capabilities and multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames]), performed by applied to a wireless access point (AP) supporting multi-link communication (paragraph 0086 [A multi-link AP, which may be a member of a multi-AP set, may advertise one or more of its multi-link capabilities and multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames]), and comprising: generating a fast initial link setup discovery (FD) frame, wherein at least a first information element is encapsulated in the FD frame (paragraph 0086 [multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames, and unicast or broadcast probe responses, such as: a multi-link capabilities element; a multi-link operation element; a real-time capabilities element; and/or, a real-time operation element]), and sending, through a target link between the AP and a station (STA) (paragraph 0150 [A multi-link non-AP STA device may discover multi-link APs or MAPs by monitoring discovery channels or any channels for beacons, short beacons, FILS Discovery frames]), the FD frame in which at least the first information element is encapsulated to the STA (paragraph 0150 [FILS discovery frame]). Wang et al. does not explicitly disclose wherein a reduced neighbor report (RNR) information element is further encapsulated in the FD frame, the first information element at least comprises a first subdomain indicating whether a basic service set (BSS) change sequence is present, a bit value comprised in the first subdomain is a preset value, and the preset value is configured to indicate the BSS change sequence is not present. However, Kneckt et al. discloses wherein a reduced neighbor report (RNR) information element is further encapsulated in the FD frame (paragraphs 0255, 0269 [a change sequence number (CSN) may be used by an access point to communicate a critical BSS parameter update to a station in the RNR; fast initial link setup (FILS) discovery frames ]), the first information element at least comprises a first subdomain indicating whether a basic service set (BSS) change sequence is present (paragraph 0269 [f a critical capability update flag subfield is set to ‘1’ to indicate that a change sequence value of any affiliated access point of the AP MLD or an ML element parameter have changed. Note that each transmit and non-transmit BSS may have its own critical capability update flag]), a bit value comprised in the first subdomain is a preset value (paragraph 0269 [flag set to 1 to indicate that a change sequence value of any affiliated access point of the AP MLD or an ML element parameter have changed]), and the preset value is configured to indicate the BSS change sequence is not present (paragraph 0269 [suggests set to 0 to indicate that a change sequence value of any affiliated access point of the AP MLD or an ML element parameter have not changed]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize a flag could be set to indicate whether or not a change has occurred allowing the STA to save battery resources. Regarding claims 2, 8, 18, Wang et al. discloses all the subject matter in claims 1, 7, 16, and further discloses wherein a second information element is further encapsulated in the FD frame (paragraph 0086 [multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames, and unicast or broadcast probe responses, such as: a multi-link capabilities element; a multi-link operation element; a real-time capabilities element; and/or, a real-time operation element]), and the second information element is configured to indicate support for a target service (paragraph 0086 [multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames, and unicast or broadcast probe responses, such as: a multi-link capabilities element; a multi-link operation element; a real-time capabilities element; and/or, a real-time operation element]). Regarding claims 3, 9, 19, Wang et al discloses all the recited subject matter in claims 2, 8, 18, and further discloses wherein the target service is a low-delay service (paragraph 0086 [multi-link operation parameters in one or more of the elements in its beacon, short beacons, Fast Initial Link Setup (FILS) Discovery frames, and unicast or broadcast probe responses, such as: a multi-link capabilities element; a multi-link operation element; a real-time capabilities element; and/or, a real-time operation element]). Claim(s) 5, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0287122) in view of Kneckt et al. (US 2022/0408349) as applied to claim 1, 16 above, and further in view of Wang (US 2018/0302930). Regarding claims 5, 16, the references as combined above disclose all the recited subject matter in claims 1, 20, but do not explicitly disclose wherein a common information domain of the first information element does not comprise a second subdomain indicating a BSS parameters change count. However, Wang discloses a common information domain of the first information element does not comprise a second subdomain indicating a BSS parameters change count (paragraphs 0071, 0076 [The one or more trigger information fields may include information common for the one or more receivers and/or information specific to each of the one or more receivers; An AP may send resource allocation information and/or a trigger in one or more types of frames. The resource allocation information and/or trigger may be used for a transmission of one or more frames. For example, an AP may include, in a beacon (e.g., a regular beacon or a short beacon), FILS discovery frames]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize a FILS Discovery Frame could include Common Information that does not include a second subdomain indicating a BSS parameters change count. The motivation for this is to include common information for one or more receivers. Claim(s) 6, 11, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0287122) in view of Kneckt et al. (US 2022/0408349) as applied to claim 1, 7, 16 above, and further in view of Wang (US 2018/0302930). Regarding claims 6, 11, 22, Wang et al. discloses all the recited subject matter in claims 1, 7, 16 and further discloses wherein the FD frame comprises AP information of at least another AP affiliated with an AP multi-link device (MLD) (paragraph 0140 [A multi-link AP, which may be a member of a multi-AP set, may advertise one or more of its multi-link capabilities, multi-link operation element, real-time capabilities element, and/or real-time operation element of one or more of the APs in the multi-AP set in one or more of the elements in its beacon, short beacons, FILS Discovery frames]), but does not explicitly disclose a common information domain of the first information element does not comprise a third subdomain indicating whether a multi-link capability is present. However, Wang discloses a common information domain of the first information element does not comprise a third subdomain indicating whether a multi-link capability is present (paragraphs 0071, 0076 [The one or more trigger information fields may include information common for the one or more receivers and/or information specific to each of the one or more receivers; An AP may send resource allocation information and/or a trigger in one or more types of frames. The resource allocation information and/or trigger may be used for a transmission of one or more frames. For example, an AP may include, in a beacon (e.g., a regular beacon or a short beacon), FILS discovery frames]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize a FILS Discovery Frame could include Common Information domain of the first information element does not comprise a third subdomain indicating whether a multi-link capability is present. The motivation for this is to include common information for one or more receivers. Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0287122) in view of Kneckt et al. (US 2022/0408349) as applied to claim 1 above, and further in view of Kim et al. (US 2014/0204850). Regarding claim 23, the references as combined above disclose all the recited subject matter in claim 1, but do not explicitly disclose wherein sending, through the target link between the AP and the STA, the FD frame comprises: sending, through the target link between the AP and the STA, the FD frame within a time period after a previous beacon frame is sent and before a next beacon is sent. However, Kim et al. discloses wherein sending, through the target link between the AP and the STA, the FD frame comprises: sending, through the target link between the AP and the STA, the FD frame within a time period after a previous beacon frame is sent and before a next beacon is sent (paragraph 0110 [The FILS discovery frame is a frame which is transmitted between transmission periods of the beacon frame in respective APs 940 and 960]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the FILS discovery frame can be transmitted between transmission periods of beacons since such a feature is conventional in the art. Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0287122) in view of Kneckt et al. (US 2022/0408349) as applied to claim 2 above, and further in view of Hu et al. (US 2022/0330149). Regarding claim 24, the references as combined above disclose all the recited subject matter in claim 2, but do not explicitly disclose wherein the second information element comprises a restricted target wake-up time (RTWT) information element. However, Hu et al. discloses wherein the second information element comprises a restricted target wake-up time (RTWT) information element (paragraph 0058 [FILS discovery has an rTWT TID]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize an rTWT TID could be included in the FILS discovery frame in order to communicate the TWT schedule. 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 CHRISTOPHER T WYLLIE whose telephone number is (571)270-3937. The examiner can normally be reached 4pm-11:30pm. 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, Ayman Abaza can be reached at (571)270-0422. 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. /CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
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Prosecution Timeline

Jan 05, 2024
Application Filed
Jan 05, 2026
Non-Final Rejection mailed — §103
Mar 20, 2026
Response Filed
May 19, 2026
Final Rejection mailed — §103
Jul 14, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
58%
Grant Probability
94%
With Interview (+36.0%)
4y 1m (~1y 6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 636 resolved cases by this examiner. Grant probability derived from career allowance rate.

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