Prosecution Insights
Last updated: August 17, 2026
Application No. 18/926,387

OBSERVER-BASED MEASUREMENTS FOR INCREASED COMMUNICATION RANGING ACCURACY

Non-Final OA §102
Filed
Oct 25, 2024
Examiner
HO, HUY C
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Cisco Technology Inc.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
618 granted / 798 resolved
+15.4% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
824
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 798 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dua et al. (Pub. No. US 2014/0051460). Regarding claim 1. Dua teaches a method (Dua, the Abstract), comprising: enabling, by a process and in response to a wireless ranging communication between a first device and a second device to determine a distance between the first device and the second device, a listening mode on an observer device in proximity to both the first device and the second device to observe the wireless ranging communication between the first device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: communication between a target device and a measurement device for determining position thus distance between them with the help of observer devices in proximity); deducing, by the process and based on observation of the wireless ranging communication between the first device and the second device, a first complimentary measurement between the observer device and the first device, and a second complimentary measurement between the observer device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the observer devices also provide measurements between them and the target and measurement devices and report to a position engine with corresponding timing information); and using, by the process, the distance between the first device and the second device, the first complimentary measurement between the observer device and the first device, and the second complimentary measurement between the observer device and the second device for a relational location computation amongst the first device, the second device, and the observer device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the relative positions among these devices are reported to the position engine and a server). Regarding claim 17. Dua teaches an apparatus (Dua, the Abstract), comprising: one or more network interfaces (Dua, Figs. 3 and 4, pp [35]-[36]), to communicate with a network; a processor (Dua, Figs. 3 and 4, pp [33], [35]), coupled to the one or more network interfaces and configured to execute one or more processes; and a memory (Dua, Figs. 3 and 4, pp [33], [35]), configured to store a process that is executable by the processor, the process comprising: enabling, in response to a wireless ranging communication between a first device and a second device to determine a distance between the first device and the second device, a listening mode on an observer device in proximity to both the first device and the second device to observe the wireless ranging communication between the first device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: communication between a target device and a measurement device for determining position thus distance between them with the help of observer devices in proximity); deducing, based on observation of the wireless ranging communication between the first device and the second device, a first complimentary measurement between the observer device and the first device, and a second complimentary measurement between the observer device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the observer devices also provide measurements between them and the target and measurement devices and report to a position engine with corresponding timing information); and using the distance between the first device and the second device, the first complimentary measurement between the observer device and the first device, and the second complimentary measurement between the observer device and the second device for a relational location computation amongst the first device, the second device, and the observer device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the relative positions among these devices are reported to the position engine and a server). Regarding claim 20. Dua teaches a tangible, non-transitory, computer-readable medium storing program instructions that cause a device to execute a process (Dua, the Abstract), comprising: enabling, in response to a wireless ranging communication between a first device and a second device to determine a distance between the first device and the second device, a listening mode on an observer device in proximity to both the first device and the second device to observe the wireless ranging communication between the first device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: communication between a target device and a measurement device for determining position thus distance between them with the help of observer devices in proximity); deducing, based on observation of the wireless ranging communication between the first device and the second device, a first complimentary measurement between the observer device and the first device, and a second complimentary measurement between the observer device and the second device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the observer devices also provide measurements between them and the target and measurement devices and report to a position engine with corresponding timing information); and using the distance between the first device and the second device, the first complimentary measurement between the observer device and the first device, and the second complimentary measurement between the observer device and the second device for a relational location computation amongst the first device, the second device, and the observer device (Dua, Fig. 11, pp [54]-[58]: ranging communication between a target device and a measurement device with help of an observer device; Fig. 12, pp [66]: the relative positions among these devices are reported to the position engine and a server). Regarding claim 2. The method of claim 1, wherein the first complimentary measurement comprises a first angle of arrival from the observer device to the first device, and the second complimentary measurement comprises a second angle of arrival from the observer device to the second device (Dua, pp [60]-[65]). Regarding claim 3. The method of claim 2, further comprising: ranging a first distance between the observer device and the first device (Dua, Fig. 10, pp [53]-[58]); ranging a second distance between the observer device and the second device (Dua, Fig. 10, pp [53]-[58]); and using the first distance between the observer device and the first device and the second distance between the observer device and the second device within the relational location computation (Dua, Fig. 10, pp [53]-[58]). Regarding claim 4. The method of claim 1, further comprising: determining, based on the first complimentary measurement and the second complimentary measurement, a relative closeness of the observer device to the first device versus to the second device (Dua, pp [66]-[71]); and generating, based on the relative closeness, a hyperbolic proximity estimation of the observer device in relation to the first device and the second device for use within the relational location computation (Dua, pp [54]-[58], [66]-[71]). Regarding claim 5. The method of claim 4, wherein the first complimentary measurement comprises a first time of travel of the wireless ranging communication to reach the observer device from the first device, and the second complimentary measurement comprises a second time of travel of the wireless ranging communication to reach the observer device from the second device (Dua, pp [47], [53]-[55]). Regarding claim 6. The method of claim 4, further comprising: limiting the hyperbolic proximity estimation to two potential locations for the observer device relative to the first device and the second device based on the distance between the first device and the second device (Dua, pp [54]-[58], [66]-[71]). Regarding claim 7. The method of claim 1, further comprising: deducing, based on observation of the wireless ranging communication between the first device and the second device, a third complimentary measurement between the observer device and the first device, and a fourth complimentary measurement between the observer device and the second device (Dua, pp [54]-[58], [66]-[71]); and using the third complimentary measurement and the fourth complimentary measurement within the relational location computation (Dua, pp [54]-[58], [66]-[71]). Regarding claim 8. The method of claim 7, further comprising: using the first complimentary measurement and the second complimentary measurement within an initial computation of the relational location computation, wherein the first complimentary measurement and the second complimentary measurement comprise a first type of measurement (Dua, pp [54]-[58], [66]-[71]); and using the third complimentary measurement and the fourth complimentary measurement within a refinement computation of the relational location computation, wherein the third complimentary measurement and the fourth complimentary measurement comprise a second type of measurement different from the first type of measurement (Dua, pp [54]-[58], [66]-[71]). Regarding claim 9. The method of claim 1, wherein enabling is based on one of either a) a request from the second device responsive to the wireless ranging communication or b) a request from a controller device that initiated the wireless ranging communication (Dua, pp [54]-[58], [66]-[71]). Regarding claim 10. The method of claim 1, wherein the first device, the second device, and the observer device are wireless access points (Dua, pp [54]-[58]). Regarding claim 11. The method of claim 1, wherein the observer device observes the wireless ranging communication by listening on a first communication channel for first ranging communications from the first device and listening on a second communication channel for second ranging communications from the second device (Dua, pp [40], [49]-[51]). Regarding claim 12. The method of claim 1, further comprising: determining communication parameters for the observer device to communicate with each of the first device and the second device based on observations from the wireless ranging communication (Dua, pp [54]-[58], [66]-[71]). Regarding claim 13. The method of claim 1, wherein the wireless ranging communication comprises fine timing measurement (FTM) communication (Dua, pp [46], [48], [51]-[53]). Regarding claim 14. The method of claim 1, wherein deducing the first complimentary measurement and the second complimentary measurement is based in part on channel state information (CSI) of the wireless ranging communication between the first device and the second device (Dua, pp [49]-[51]). Regarding claim 15. The method of claim 1, further comprising: refining the relational location computation based on the first device observing a second wireless ranging communication between the second device and the observer device, and based on the second device observing a third wireless ranging communication between the first device and the observer device (Dua, pp [54]-[58], [66]-[71]). Regarding claim 16. The method of claim 1, further comprising: refining the relational location computation based on a second observer device observing the wireless ranging communication between the first device and the second device (Dua, pp [54]-[58], [66]-[71]). Regarding claim 18. The apparatus of claim 17, wherein the first complimentary measurement comprises a first angle of arrival from the observer device to the first device, and the second complimentary measurement comprises a second angle of arrival from the observer device to the second device (Dua, pp [60]-[65]). Regarding claim 19. The apparatus of claim 17, wherein the process further comprises: determining, based on the first complimentary measurement and the second complimentary measurement, a relative closeness of the observer device to the first device versus to the second device; and generating, based on the relative closeness, a hyperbolic proximity estimation of the observer device in relation to the first device and the second device for use within the relational location computation (Dua, pp [54]-[58], [66]-[71]). Relevant reference(s) to the claims but not used in the rejection above Lindskog et al. (Pub. No. US 2018/0249437), teaches systems, methods and apparatus, including computer programs encoded on computer storage media, for performing ranging operations. An apparatus negotiates a passive ranging schedule between an initiator device and a number of responder devices. The passive ranging schedule indicates a time prior to a selected target beacon transmission time (TBTT) at which the ranging operation is to commence. The apparatus announces the passive ranging schedule to at least one or more passive listening devices, commences the ranging operation at the indicated time by exchanging a number of frames between the initiator device and the number of responder devices, and completes the exchange of frames prior to the selected TBTT. Lindskog shows a signal diagram of another example ranging operation 500, FIG. 5B shows a timing diagram 510 of the ranging operation 500 of FIG. 5A, and FIG. 5C shows a signal diagram of a passive positioning operation 530. The ranging operation 500 is performed between a first access point (AP0) operating as an initiator device and a number of other access points (AP1-APn) operating as responder devices. For the example ranging operation 500, the access point AP0 is referred to as the initiator device based on its role in announcing the passive ranging schedule to the other access points AP1-APn, and the other access points AP1-APn are referred to as responder devices based on their responding to the trigger frame transmitted by the access point AP0. In some other implementations, the other access points AP1-APn may be referred to as the initiator devices based on their roles in transmitting UL frames, and the first access points AP0 may be referred to as the responder device based on its role in transmitting DL frames. The STA may listen to the frame exchanges between the initiator device AP0 and the responder devices AP1-APn, and passively determine its location. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUY C HO whose telephone number is (571)270-1108. The examiner can normally be reached M-F 8AM-5PM. 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, KATHY WANG-HURST can be reached at (571)270-5371. 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. /HUY C HO/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Oct 25, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707519
METHOD AND APPARATUS FOR CHOOSING AN OPERATING MODE FOR MULTI-LINK DEVICE
3y 0m to grant Granted Aug 11, 2026
Patent 12700878
CONSOLIDATED FRONT-END ARCHITECTURE
3y 9m to grant Granted Aug 04, 2026
Patent 12701541
Change of Height of Wireless Device
2y 11m to grant Granted Aug 04, 2026
Patent 12677819
TALL PLANT HEALTH MANAGEMENT SYSTEM
3y 11m to grant Granted Jul 14, 2026
Patent 12684473
COMMUNICATION SYSTEM, COMMUNICATION DEVICE, AND COMMUNICATION METHOD
2y 10m to grant Granted Jul 14, 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
77%
Grant Probability
98%
With Interview (+20.4%)
3y 1m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 798 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