Prosecution Insights
Last updated: October 28, 2026
Application No. 18/916,954

WI-FI PROTECTED ACCESS 3-COMPATIBLE AUTHENTICATION USING AN ESTABLISHED BINDING

Non-Final OA §DP
Filed
Oct 16, 2024
Priority
Sep 21, 2022 — provisional 63/408,487 +1 more
Examiner
DOAN, PHUOC HUU
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Ruckus IP Holdings LLC
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
1052 granted / 1148 resolved
+29.6% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
13 currently pending
Career history
1165
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
30.4%
-9.6% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1148 resolved cases

Office Action

§DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,532,174. Although the conflicting claims are not identical, they are not patentably distinct from each other because Independent claims 1, 14, 17 of the present of application are broader in scope and thus encompass the subject matter already claimed in allowed US patent application 18/461,821 (Subject to be published as US Patent No: 12,532,174 on Jan. 20, 2026). Specially, claims 1, 14, 17 of the parent application recites a method, apparatus, corresponding to claim 1, 14, 17 of the present of application with more details claimed in the parent application that would render the broader claims of the present of application obvious. For instance: claimed recite “providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with the electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; when a binding between a passphrase associated with the electronic device and the second WLAN does not exist, establishing the binding in the computer system; performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN that was conflict to claim 1, 14, 17 of the parent application. However, the claimed limitations “authenticating the electronic device without a time constraint” was not made a scope of the claim to change from the parent of application, because when the access point confirms, with the computer system, that a binding between a passphrase associated with the electronic device and the second WLAN exists. Alternatively, when the binding does not exist, the access point establishes the binding in the computer system. Next, the access point performs a BSS transition of the electronic device from the first WLAN to the second WLAN in order to disclose the techniques for using a passphrase when authenticating one or more devices to a network that is protected or secured using Wi-Fi Protected Access 3 (WPA3). Parent Application 18/461, 821 A computer network device, comprising: an interface circuit configured to communicate with an electronic device and a computer system; a processor; and a memory that stores program instructions, wherein, when executed by the processor, the program instructions cause the computer network device to perform operations, comprising: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with the electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; after establishing the connection, confirming, with the computer system, that a binding between a passphrase associated with the electronic device and the second WLAN exists or, when the binding does not exist, establishing the binding in the computer system; and performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN. 14. A non-transitory computer-readable storage medium for use in conjunction with a computer network device, the computer-readable storage medium storing program instructions that, when executed by the computer network device, cause the computer network device to perform operations comprising: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with an electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; after establishing the connection, confirming, with a computer system, that a binding between a passphrase associated with the electronic device and the second WLAN exists or, when the binding does not exist, establishing the binding in the computer system; and performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN. 17. A method for establishing a connection, comprising: by a computer network device: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with an electronic device, an association request or a probe request; establishing the connection with the electronic device using the first WLAN; after establishing the connection, confirming, with a computer system, that a binding between a passphrase associated with the electronic device and the second WLAN exists or, when the binding does not exist, establishing the binding in the computer system; and performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN. Present Application 18/916,954 A computer network device, comprising: an interface circuit configured to communicates with an electronic device and a computer system; a processor; and a memory that stores program instructions, wherein, when executed by the processor, the program instructions cause the computer to perform operations, comprising: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with the electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; when a binding between a passphrase associated with the electronic device and the second WLAN does not exist, establishing the binding in the computer system; performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN; and authenticating the electronic device without a time constraint. 14. A non-transitory computer-readable storage medium for use in conjunction with a computer network device, the computer-readable storage medium storing program instructions that, when executed by the computer network device, cause the computer network device to perform operations comprising: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with an electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; when a binding between a passphrase associated with the electronic device and the second WLAN does not exist, establishing the binding in a computer system; performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN; and authenticating the electronic device without a time constraint. 17. A method for authenticating an electronic device, comprising: by a computer network device: providing a first wireless local area network (WLAN) and a second WLAN, wherein the first WLAN uses a Wi-Fi Protected Access 2 (WPA2)-compatible authentication protocol and the second WLAN uses a Wi-Fi Protected Access 3 (WPA3)-compatible authentication protocol; receiving, associated with the electronic device, an association request or a probe request; establishing a connection with the electronic device using the first WLAN; when a binding between a passphrase associated with the electronic device and the second WLAN does not exist, establishing the binding in a computer system; performing a basic service set (BSS) transition of the electronic device from the first WLAN to the second WLAN; and authenticating the electronic device without a time constraint. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wei et al. (US Patent No. 11,284,258) discloses managing access of a computing device to a network. YOSHIKAWA (US Pub No. 2024/0121607) discloses communication apparatus, communication method, and storage medium. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUOC HUU DOAN whose telephone number is (571)272-7920. The examiner can normally be reached 8:00AM - 4:00PM. 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, JEANETTE PARKER can be reached at 571-270-3647. 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. /PHUOC H DOAN/ Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Oct 16, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §DP (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

1-2
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+8.7%)
2y 3m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1148 resolved cases by this examiner. Grant probability derived from career allowance rate.

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