Prosecution Insights
Last updated: July 17, 2026
Application No. 18/841,265

SYSTEMS AND METHODS FOR MAINTAINING A PREFERENTIAL SENSING LINK UPON REASSOCIATION

Non-Final OA §103
Filed
Aug 23, 2024
Priority
Feb 28, 2022 — provisional 63/314,966 +2 more
Examiner
LING, CHHIAN
Art Unit
Tech Center
Assignee
Cognitive Systems Corp.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
398 granted / 457 resolved
+27.1% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
465
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
87.8%
+47.8% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 457 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. 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 2. This Office Action is in response to application filed on 08/23/2024. Claims 47-63 were previously pending. Claims 47-63 are rejected. Information Disclosure Statement 3. The information disclosure statement(s) (IDS) submitted on 08/23/2024, 03/06/2026 is/are is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner. Claim Objections 4. Claim 54 objected to because of the following informalities: “The method of claim 57” should be --The method of claim 47--. Appropriate correction is required. Claim Rejections - 35 USC § 103 5. 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 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. 5.1. 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 of this title, 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. 5.2. 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. 5.3. Claim(s) 47-51, 53, 55-59, 61, 63 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Chhabra et al., (“Chha”, US 2015/0350875 A1) in view of Yoon et al., (“Yoon”, US 2010/0008259 A1). Regarding Claim 47, Chha teaches, A method for Wi-Fi sensing carried out by a networking device configured to operate as a station (STA) and including at least one processor configured to execute instructions (Chha, FIG.2, station 105, processor 205, memory 210, transition application 235, [0018-20]: The station includes processor 205, memory 210, transition application 235. The processor 205 may be configured to execute a plurality of applications stored in memory 210 of the station 105. The transition application 235 is used to join a network and associate with an AP), the method comprising: associating the STA with a first access point (AP) of a first basic service set (BSS) to establish an association between the STA and the first AP, wherein the STA and the first AP have a communication link established for data transmissions (Chha, FIG.1, AP 110, [0036-38]: The transition application 235 may calculate quantitative and/or qualitative scores for each AP on the candidate list to select the AP 110 (“first AP”) for association based on the BSS transition). Chha does not expressly teach transmitting, by the STA, a signal requesting a sensing session between the STA and a second AP with which the STA is not associated, the signal including a requested periodicity of the sensing session; and performing, by the STA, according to the periodicity, sensing measurements with the second AP with which the STA is not associated. Yoon teaches transmitting, by the STA, a signal requesting a sensing session between the STA and a second AP with which the STA is not associated, the signal including a requested periodicity of the sensing session (Yoon, FIG.2A, UE 220, femto AP 210, macro cellular network 250, [0059]: if the UE 220 operates within the macro cellular network 250 but is not residing on its most preferred network (e.g., as defined in a preferred roaming list), the UE 220 may continue to search for the most preferred network (e.g., the preferred femto AP 210) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems. Combined Chha, [0019]-Yoo, FIG.2A, macro cell AP 260, [0056-59] teaches while the UE 220 has already joined a network (femto AP 212) and is prepared to roam to a different network (e.g. macro AP 260)); and performing, by the STA, according to the periodicity, sensing measurements with the second AP with which the STA is not associated (Combined Chha, [0019]-Yoon, [0056-59] teaches: the UE 220 may continue to search for the most preferred network (e.g., the preferred femto AP 210) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems (e.g. macro cell AP 260) to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “periodic scanning” of Yoon into the invention of Chha. The suggestion/motivation with “periodic scanning” with unassociated AP would have improved spatial resolution, enhance interference detection, and maintain network continuity. Including “periodic scanning” of Yoon into the invention of Chha was within the ordinary ability of one of ordinary skill in the art based on the teachings of Yoon. Regarding Claim 48, Chha-Yoon teaches, The method of claim 47, wherein the first AP is a preferred AP for data transmissions (Chha, [0044]: The transition application 235 of station 105 may also calculate the quantitative and/or qualitative score for the currently associated AP 110. The quantitative score may be calculated from the RSSI value that is used to determine a rate value. The rate value may then be used to determine a product with the load value from the QBSS (QoS BSS) information. The qualitative score may be calculated from the preference rating value and the RSSI rating value that indicates a preference rating rank and a RSSI rating rank, respectively). Regarding Claim 49, Chha-Yoon teaches, The method of claim 47, wherein the second AP is a preferred AP for sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 50, Chha-Yoon teaches, The method of claim 47, further comprising pausing the data transmissions during performing of the sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the preferred macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning (“pausing”) of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 51, Chha-Yoon teaches, The method of claim 50, further comprising resuming the data transmissions subsequent to performing of the sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a BSR, which may involve a periodic scanning (“pausing and resuming”) of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 53, Chha-Yoon teaches, The method of claim 47, further comprising causing transmission of a transition preference indicating a preference to perform sensing measurements with the second AP (Yoon, [0059]: if the UE 220 operates within the macro cellular network 260 but is not residing on its most preferred network (e.g., as defined in a preferred roaming list), the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems). Regarding Claim 55, Chha teaches, A system for Wi-Fi sensing, comprising: a networking device configured to operate as a station (STA) and including at least one processor configured to (Chha, FIG.2, station 105, processor 205, memory 210, transition application 235, [0018-20]: The station includes processor 205, memory 210, transition application 235. The processor 205 may be configured to execute a plurality of applications stored in memory 210 of the station 105. The transition application 235 is used to join a network and associate with an AP): associate the STA with a first access point (AP) of a first basic service set (BSS) to establish an association between the STA and the first AP, wherein the STA and the first AP have a communication link established for data transmissions (Chha, FIG.1, AP 110, . Chha does not expressly teach transmit a signal requesting a sensing session between the STA and a second AP with which the STA is not associated, the signal including a requested periodicity of the sensing session; and perform, according to the periodicity, sensing measurements with the second AP with which the STA is not associated. Yoon teaches transmit a signal requesting a sensing session between the STA and a second AP with which the STA is not associated, the signal including a requested periodicity of the sensing session (Yoon, FIG.2A, UE 220, femto AP 210, macro cellular network 250, [0059]: if the UE 220 operates within the macro cellular network 250 but is not residing on its most preferred network (e.g., as defined in a preferred roaming list), the UE 220 may continue to search for the most preferred network (e.g., the preferred femto AP 210) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems. Combined Chha, [0019]-Yoo, FIG.2A, macro cell AP 260, [0056-59] teaches while the UE 220 has already joined a network (femto AP 212) and is prepared to roam to a different network (e.g. macro AP 260); and perform, according to the periodicity, sensing measurements with the second AP with which the STA is not associated (Combined Chha, [0019]-Yoon, [0056-59] teaches: the UE 220 may continue to search for the most preferred network using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems (e.g. macro cell AP 260) to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “periodic scanning” of Yoon into the invention of Chha. The suggestion/motivation with “periodic scanning” with unassociated AP would have improved spatial resolution, enhance interference detection, and maintain network continuity. Including “periodic scanning” of Yoon into the invention of Chha was within the ordinary ability of one of ordinary skill in the art based on the teachings of Yoon. Regarding Claim 56, Chha-Yoon teaches, The system of claim 55, wherein the first AP is a preferred AP for data transmissions (Chha, [0044]: The transition application 235 of station 105 may also calculate the quantitative and/or qualitative score for the currently associated AP 110. The quantitative score may be calculated from the RSSI value that is used to determine a rate value. The rate value may then be used to determine a product with the load value from the QBSS (QoS BSS) information. The qualitative score may be calculated from the preference rating value and the RSSI rating value that indicates a preference rating rank and a RSSI rating rank, respectively). Regarding Claim 57, Chha-Yoon teaches, The system of claim 55, wherein the second AP is a preferred AP for sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 58, Chha-Yoon teaches, The system of claim 55, wherein the at least one processor is further configured to pause the data transmissions during performing of the sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning (“pausing”) of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 59, Chha-Yoon teaches, The system of claim 58, wherein the at least one processor is further configured to resume the data transmissions subsequent to performing of the sensing measurements (Yoon, [0059]: the UE 220 may continue to search for the preferred network (e.g., the macro cell AP 260) using a BSR, which may involve a periodic scanning (“pausing and resuming”) of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred system). Regarding Claim 61, Chha-Yoon teaches, The system of claim 55, wherein the at least one processor is further configured to cause the transmission of a transition preference indicating a preference to perform sensing measurements with the second AP (Yoon, [0059]: if the UE 220 operates within the macro cellular network 260 but is not residing on its most preferred network (e.g., as defined in a preferred roaming list), the UE 220 may continue to search for the most preferred network (e.g., the preferred macro cell AP 260) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems). Regarding Claim 63, Chha teaches, A method for Wi-Fi sensing carried out by a networking device configured to operate as an access point (AP) of an original basic service set (BSS), the method comprising: associating the AP with a first station (STA) to establish an association between the first STA and the AP, wherein the first STA and the AP have a communication link established for data transmissions (Chha, FIG.2, station 105, transition application 235, [0036]: the transition application 235 of station 105 selects one of the APs in the candidate list for association to join the corresponding network. For example, the transition application 235 may utilize a received signal strength indicator (RSSI) value of the AP, an available bandwidth of the AP, etc. to determine which AP from the candidate list should be selected for association. The transition application 235 may calculate quantitative and/or qualitative scores for each AP on the candidate list to select the AP for association). Chha does not expressly teach A method for Wi-Fi sensing carried out by a networking device configured to operate as an access point (AP) of an original basic service set (BSS) and including at least one processor configured to execute instructions, the method comprising: receiving, by the AP, a first signal requesting a sensing session between the AP and a second STA with which the AP is not associated, transmitting, by the AP, a second signal including a requested periodicity of the sensing session; and performing, by the AP, according to the periodicity, sensing measurements with the second STA with which the AP is not associated. Yoon teaches A method for Wi-Fi sensing carried out by a networking device configured to operate as an access point (AP) of an original basic service set (BSS) and including at least one processor configured to execute instructions, the method comprising (Yoon, FIG.3, AP 210, database 310, processor 340, memory 350, [0068]: The AP 210 can include a database module 310, a processor module 340 and a memory module 350. [0082-83]: The database module 310 can be communicatively coupled to the memory module 350 and can store one or more different types of information for facilitation of identification and/or acquisition of the AP 210 and/or for handoff to or from other APs. [0098]: the processor 340 can be configured to execute codes stored on a computer-readable medium that can be associated with the memory 350 to perform functions): receiving, by the AP, a first signal requesting a sensing session between the AP and a second STA with which the AP is not associated, transmitting, by the AP, a second signal including a requested periodicity of the sensing session (Yoon, FIG.2A, UE 220, femto AP 210, macro cellular network 250, [0059]: if the UE 220 operates within the macro cellular network 250 but is not residing on its most preferred network (e.g., as defined in a preferred roaming list), the UE 220 may continue to search for the most preferred network (e.g., the preferred femto AP 210) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems. Combined Chha, [0019]-Yoo, FIG.2A, macro cell AP 260, [0056-59] teaches while the UE 220 has already joined a network (femto AP 212) and is prepared to roam to a different network (e.g. macro AP 260); and performing, by the AP, according to the periodicity, sensing measurements with the second STA with which the AP is not associated (Combined Chha, [0019]-Yoon, [0056-59] teaches: the UE 220 may continue to search for the most preferred network (e.g., the preferred femto AP 210) using a Better System Reselection (“BSR”), which may involve a periodic scanning of available systems (e.g. macro cell AP 260) to determine whether better systems are currently available, and subsequent efforts to associate with such preferred systems). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “periodic scanning” of Yoon into the invention of Chha. The suggestion/motivation with “periodic scanning” with unassociated AP would have improved spatial resolution, enhance interference detection, and maintain network continuity. Including “periodic scanning” of Yoon into the invention of Chha was within the ordinary ability of one of ordinary skill in the art based on the teachings of Yoon. 5.4. Claim(s) 52, 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Chhabra et al., (“Chha”, US 2015/0350875 A1) in view of Yoon et al., (“Yoon”, US 2010/0008259 A1), and further in view of Wang et al., (“Wang”, US 2006/0126555 A1). .Regarding Claim 52, Chha-Yoon teaches, The method of clam 48, but not expressly teaches wherein the preferred AP for data transmissions is identified by a distribution system based on load balancing within an extended service set (ESS) including at least the first BSS. Wang teaches (Wang, FIG.2, [0015]: a system for load balance over a WLAN comprising a WLAN switch having an ESS; a plurality of APs in the ESS, each AP having a BSS wherein at least two BSSs overlap; and a plurality of mobile stations in the BSSs wherein each of the mobile stations located in the overlaid BSSs is adapted to choose one AP for connection from the APs capable of connecting). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “identify the preferred AP” of Wang into the invention of Chha-Yoon. The suggestion/motivation would have been to enable when multiple APs in an ESS broadcast the same SSID, a mobile device is able to roam seamlessly between APs. The preferred AP for data transmissions is identified by the distribution system based on load balancing parameters. Including “identify the preferred AP” of Wang into the invention of Chha-Yoon was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang. Regarding Claim 60, Chha-Yoon teaches, The system of clam 56, but not expressly teaches wherein the preferred AP for data transmissions is identified by a distribution system based on load balancing within an extended service set (ESS) including at least the first BSS. Wang teaches (Wang, FIG.2, [0015]: a system for load balance over a WLAN comprising a WLAN switch having an ESS; a plurality of APs in the ESS, each AP having a BSS wherein at least two BSSs overlap; and a plurality of mobile stations in the BSSs wherein each of the mobile stations located in the overlaid BSSs is adapted to choose one AP for connection from the APs capable of connecting). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “identify the preferred AP” of Wang into the invention of Chha-Yoon. The suggestion/motivation would have been to enable when multiple APs in an ESS broadcast the same SSID, a mobile device is able to roam seamlessly between APs. The preferred AP for data transmissions is identified by the distribution system based on load balancing parameters. Including “identify the preferred AP” of Wang into the invention of Chha-Yoon was within the ordinary ability of one of ordinary skill in the art based on the teachings of Wang. . 5.5. Claim(s) 54, 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Chhabra et al., (“Chha”, US 2015/0350875 A1) in view of Yoon et al., (“Yoon”, US 2010/0008259 A1), and further in view of Jiang et al., (“Jiang”, US 2023/0262807 A1). Regarding Claim 54, Chha-Yoon teaches, The method of claim 57, but not expressly teaches wherein the periodicity represents a maximum elapsed time between sensing measurements. Jiang teaches (Jiang, [0121]: determining requested usage discussed above), in response to establishing communication, or periodically; [0157-160]: the maximum transmission time) Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “maximum transmission time” of Jiang into the invention of Chha-Yoon. The suggestion/motivation implements the periodicity of a sensor represents the maximum allowed time elapsed between consecutive measurements. This time interval serves as the primary benchmark for scheduling how often a node captures and transmits data. Including “maximum transmission time” of Jiang into the invention of Chha-Yoon was within the ordinary ability of one of ordinary skill in the art based on the teachings of Jiang. Regarding Claim 62, Chha-Yoon teaches, The system of claim 55, but not expressly teaches wherein the periodicity represents a maximum elapsed time between sensing measurements. Jiang teaches (Jiang, [0121]: determining requested usage discussed above), in response to establishing communication, or periodically; [0157-160]: the maximum transmission time) Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to implement the “maximum transmission time” of Jiang into the invention of Chha-Yoon. The suggestion/motivation implements the periodicity of a sensor represents the maximum allowed time elapsed between consecutive measurements. This time interval serves as the primary benchmark for scheduling how often a node captures and transmits data. Including “maximum transmission time” of Jiang into the invention of Chha-Yoon was within the ordinary ability of one of ordinary skill in the art based on the teachings of Jiang. Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Chitrakar et al., US 2023/0319877 A1, communication apparatus for wireless local area network (WLAN) sensing across different 802.11 devices, has interface that obtains sensing parameters from higher layer applications and passes result of channel measurements to applications. Cordeiro et al., US 8,913,550 B2: Method for performing clustering management in MmWave Wireless systems, involves transmitting message that requests cluster capable personal basic service set (BSS) central point/access point to start of clustering in BSS 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHHIAN (AMY) LING whose telephone number is (571)270-1074. The examiner can normally be reached M-F 9-6 ET. 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, BRIAN J GILLIS can be reached on (571) 272-7952. 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. /C.L/Examiner, Art Unit 2446 /BRIAN J. GILLIS/Supervisory Patent Examiner, Art Unit 2446
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683754
FULL DUPLEX DOCSIS AMPLIFIER WITH LEGACY UPSTREAM SUPPORT
3y 1m to grant Granted Jul 14, 2026
Patent 12683882
DEVICE-BASED SYSTEM TO ESTIMATE CELLULAR WIRELESS ACCESS NETWORK LATENCY
3y 1m to grant Granted Jul 14, 2026
Patent 12672008
DETERMINING COUNTERACTIONS FOR REMEDYING NETWORK ANOMALIES
2y 7m to grant Granted Jun 30, 2026
Patent 12665835
Method and Device for Determining Routing Path
2y 6m to grant Granted Jun 23, 2026
Patent 12659220
NATURAL LANGUAGE PROCESSING (NLP)-BASED AUTOMATED PROCESSES FOR INFORMATION TECHNOLOGY SERVICE PLATFORMS
3y 1m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+25.8%)
2y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 457 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month