Prosecution Insights
Last updated: October 02, 2026
Application No. 18/656,331

PACED MULTL-BAND OPERATION SCANNING SCHEME FOR FAST THROUGHPUT ROAMING

Final Rejection §103
Filed
May 06, 2024
Priority
May 18, 2023 — provisional 63/503,092
Examiner
KINCAID, LESTER G
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Cisco Technology Inc.
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
3m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
47 granted / 76 resolved
At TC average
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
110
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
60.2%
+20.2% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 76 resolved cases

Office Action

§103
DETAILED ACTION 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 . Allowable Subject Matter Claims 6, 13, 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. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art provides for the concept of the independent claims (1, 8, 15) as detailed below, however fail to provide for or reasonably suggest the method, AP, or Station performing the roaming method including a negotiation with the station with respect to the BRR, the negotiation comprisinq: receiving (i) an indication at the AP that the STA is unable to perform the one or more conditions in the BRR at the current time and (ii) a counter-proposal that the STA is able to perform; wherein the counter-proposal is included in a measurement request frame that comprises a reason why the STA is unable to perform the one or more conditions in the BRR. Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-4, 7-11, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2014/0199996) hereinafter “Wang” and Asterjadhi et al. (2020/0359248) hereinafter “Asterjadhi”. As to claim 1, Wang discloses A method of roaming, the method comprising: associating with a station (implicit, as without association, the station mapped to the UE would not be able to receive/transmit the messages illustrated in Fig 5, [0091]-[0094]); sending to the station a beacon report request (BRR) with one or more conditions (step 550, WLAN embodiment implies BRR, [0096]); performing a negotiation (steps 510-540, [0091]-[0095]) with the station [[with respect to the BRR, the negotiation comprisinq: receiving (i) an indication at the AP that the STA is unable to perform the one or more conditions in the BRR at the current time and (ii) a counter-proposal that the STA is able to perform]] receiving a beacon report from the station based on the BRR and the negotiation (step 560, [0096]); and informing the station of an AP to which to roam according to the beacon report (step 570, [0097]). In an analogous art, Asterjadhi discloses the BRR negotiation comprisinq: receiving (i) an indication at the AP that the STA is unable to perform the one or more conditions in the BRR at the current time and (ii) a counter-proposal that the STA is able to perform (see [0086]: “… one of the devices (e.g., the access point or the STA) may send a request to use a particular set of parameters for a TWT schedule. In response to such a request, the other device (e.g., a STA or an access point) may accept the request, modify the request, or reject the request. Once the devices agree on the parameters to be used for the TWT schedule, the devices may commence communicating with one another according to the TWT schedule”), also see [0029], [0102], Fig 9, etc. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify the negotiation of Wang including receiving (i) an indication at the AP that the STA is unable to perform the one or more conditions in the BRR at the current time and (ii) a counter-proposal that the STA is able to perform as taught by Asterjadhi for the purpose of improving efficiency. As to claim 2, The combination of Wang and Asterjadhi discloses the method of claim 1, Wang discloses wherein the one or more conditions include requesting that the station scan at regular intervals to determine whether radio frequency (RF) conditions of the station have changed. See [0069]. As to claim 3, The combination of Wang and Asterjadhi discloses the method of claim 1, Wang discloses wherein the one or more conditions include the station reporting whether its battery life exceeds a threshold. See Table 1. As to claim 4, The combination of Wang and Asterjadhi discloses the method of claim 1, Wang discloses wherein the one or more conditions include the station reporting whether its traffic is less than a threshold. See [0074]. As to claim 7, The combination of Wang and Asterjadhi discloses the method of claim 1, Wang (implicit to step 550) discloses wherein the one or more conditions include specifying channels for receiving the beacon report from the station. Claims 8-11 & 14 correspond to claims 1-4 & 7 respectively wherein AP reads on access point / 230 of Wang. Claims 15-18 correspond to claims 1-4 & 6-7 respectively wherein a station reads on UE / 400 of Wang. Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Asterjadhi as applied to claim 1 above, and further in view of Chun et al. (2025/0167944) hereinafter “Chun”. As to claim 5, The combination of Wang and Asterjadhi discloses the method of claim 1, Wang discloses wherein the one or more conditions include the station reporting [0077]-[0078] [[ranging]] information when ranging to the station has changed. In an analogous art, Chun discloses reporting ranging information ([0316]). Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Wang wherein the one or more conditions include the station reporting [0077]-[0078] [[ranging]] information when ranging to the station has changed based on system preferences. Claim 12 correspond to claim 5 wherein AP reads on access point / 230 of Wang. Claim 19 correspond to claim 5 wherein a station reads on UE / 400 of Wang. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5. 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, Yuwen Pan can be reached at 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 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. LESTER G. KINCAID Primary Patent Examiner Art Unit 2649 /LESTER G KINCAID/Primary Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

May 06, 2024
Application Filed
Mar 24, 2026
Non-Final Rejection mailed — §103
Jun 02, 2026
Examiner Interview Summary
Jun 02, 2026
Applicant Interview (Telephonic)
Jun 05, 2026
Response Filed
Aug 19, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
62%
Grant Probability
70%
With Interview (+7.7%)
2y 8m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 76 resolved cases by this examiner. Grant probability derived from career allowance rate.

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