Prosecution Insights
Last updated: October 02, 2026
Application No. 18/950,178

TWO-PHASE RATE ADAPTATION FOR WLAN

Non-Final OA §102§103
Filed
Nov 18, 2024
Priority
Nov 21, 2023 — provisional 63/601,230
Examiner
OLUBODUN, AYODELE LAWRENCE
Art Unit
Tech Center
Assignee
Acer Incorporated
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
28 granted / 32 resolved
+27.5% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
58
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
63.2%
+23.2% vs TC avg
§102
30.9%
-9.1% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 32 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/08/2025 and 08/24/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 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. Claims 1-2, 4-9, 13-15 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. ( U.S. PGPUB 2021/0176657), Yang hereinafter. Regarding Claim 1, Yang teaches a method of configuring rate adaptation for data transmission, the method comprising: [0062] ... Link adaptation (sometimes also referred to as rate adaptation) refers to the determination of the transmission rate (such as selecting a modulation and coding scheme (MCS)) and other parameters for a communication link based on the conditions of a wireless channel. for a first phase: sending a set of test data packets; and determining a first rate adaptation configuration based on feedback corresponding to the sending of the set of test data packets; ([0100] FIG. 5 depicts an example link adaptation protocol that uses a link adaptation test packet. The example link adaptation protocol 500 may begin with a first packet 510 from the first WLAN device 110 to the second WLAN device 120. The first packet 510 may include an indicator to indicate that the first packet includes one or more portions for link quality estimation 570. For example, in some implementations, the first packet 510 may include a link adaptation testing capability or enablement indicator to indicate that the first packet 510 is formatted for use in the link adaptation protocol 500. ... [0102] In response to the first packet 510, the second WLAN device 120 may send a feedback message 530 back to the first WLAN device 110. The feedback message 530 may begin after a short interframe space (SIFS) 520, which represents a determinable time period to maintain synchronization in the WLAN. The feedback message 530 may indicate the link quality metrics regarding the first packet ...) for a second phase: sending a set of application data packets according to the first rate adaptation configuration; and (… [0102] … Based on the feedback information in the feedback message 530, the first WLAN device 110 may determine a selected transmission rate option to use for all or part of a second packet 540 transmitted from the first WLAN device 110 to the second WLAN device 120.) determining a second rate adaptation configuration based on at least one of the sending of the set of test data packets or the set of application data packets. ([0087] In some implementations, the link adaptation test packet processing unit 162 may process a first portion of the link adaptation test packet 172 to determine signal strength and may process a second portion of the link adaptation test packet 172 to determine noise and interference. The link adaptation test packet processing unit 162 may determine the link quality metrics based on measurements during the first portion and the second of the link adaptation test packet 172. Furthermore, different link quality metrics may be determined for the different spatial streams of the link adaptation test packet 172.) Regarding Claim 2, Yang teaches claim 1. Yang further teaches further comprising determining the first or second rate adaptation configuration based on an expected or predictable data packet traffic pattern. ([0105] FIG. 7 shows an example mapping between an average link quality metric 700 and example corresponding MCS options. In some implementations, each link quality metric may be used to determine an MCS option for particular spatial stream or portion of a MIMO transmission ... [0120] … Following the preamble, the link adaptation test packet 1000 may include one or more other headers (not shown) and the link quality estimation test collection 1012. The link quality estimation test collection 1012 may include a testing header 1020 to indicate which link quality estimation signal (or signals) 1040 is being used to prepare the test portions 1021, 1022, and 1023. The link quality estimation signal 1040 may be a known pattern or sequence (for example based on an LTF sequence, a pattern with null subcarriers, or a new link quality test pattern, among other examples). The test portions 1021, 1022, and 1023 may be based on the same link quality estimation signal 1040. …) Regarding Claim 4, Yang teaches claim 2. Yang further teaches further comprising receiving information about the predictable data packet traffic pattern based on receiving one or any combination of the following: an application type in a packet header; ([0069] In some implementations, the test packet may include an indicator or field that indicates that the test packet includes the one or more portions for link quality estimation. For example, a flag or indicator in a header of the test packet may cause the receiving WLAN device to determine the link quality metrics based on the link quality estimation sequences in the test packet. Alternatively, or additionally, a previous packet, immediately before the test packet, may inform the receiving WLAN device that the test packet for link quality estimation will follow the previous packet.) one or a combination of an address of a source node and an address of a destination node; (Alternative) a Quality of Service (QOS) type in a packet header; (Alternative) a configuration message sent by an application server; and (Alternative) PNG media_image2.png 21 1 media_image2.png Greyscale PNG media_image2.png 21 1 media_image2.png Greyscale PNG media_image3.png 33 2 media_image3.png Greyscale a configuration message sent by a Wireless Local Area Network (WLAN) controller (Alternative) Regarding Claim 6, Yang teaches claim 1. Yang further teaches further comprising sending the set of test data packets according to a scheduled starting time and period, the scheduled starting time relative to an expected starting time for sending the set of application data packets, the expected starting time for sending the set of application data packets commencing at an end of the period. (fig. 5 shows the end of first packet followed by SIFS 520 followed by feedback message and another SIFS before the beginning of the second packet) Regarding Claim 7, Yang teaches claim 6. Yang further teaches wherein the scheduled starting time for sending the set of test data packets, and the period, are configurable parameters. (fig. 5 shows the end of first packet followed by SIFS 520 followed by feedback message and another SIFS before the beginning of the second packet ... [0102] In response to the first packet 510, the second WLAN device 120 may send a feedback message 530 back to the first WLAN device 110. The feedback message 530 may begin after a short interframe space (SIFS) 520, which represents a determinable time period to maintain synchronization in the WLAN. Regarding Claim 8, Yang teaches claim 6. Yang further teaches further comprising commencing a channel access contention during the period ([0066] … In some implementations, the test packet may be based on a packet format for a data-carrying packet or a contention-based signaling packet (such as a request-to-send (RTS) packet). …) Regarding Claim 12, Yang teaches claim 1. Yang further teaches wherein the set of test data packets comprises one of the following: a data packet with a dummy data payload or an empty payload; (Alternative) a null packet; or ([0066] ... In some implementations, the test packet may be based on a packet format for a null data packet (NDP). …) a control packet. (Alternative) Regarding Claim 13, Yang teaches claim 1. Yang further teaches wherein the feedback comprises one or a combination of the following: an ACK message from another device; and ([0160] In some implementations, receiving the feedback information includes receiving an acknowledgement (ACK) message in response to the first packet. The ACK message may include a field populated with the feedback information.) channel state information from the another device. ([0099] ... In some implementations, the channel sounding procedure and CSI feedback may be performed first to determine beamforming coefficients before transmitting a link adaptation test packet. The link adaptation test packet may be beamformed based on the channel sounding procedure and CSI feedback so that the link quality estimation accurately measures the SINR for each beamformed spatial stream between the first WLAN device 110 and the second WLAN device 120 that will be used for a subsequent beamformed MIMO packet.) Regarding Claim 14, Yang teaches claim 1. Yang further teaches further comprising determining the first and second rate adaptation configurations by selecting one or a combination of a modulation coding scheme, transmission rate, and Multiple Input, Multiple Output (MIMO) configuration. ([0091] FIG. 2B shows a conceptual diagram of an example link adaptation test packet 220 having more than one spatial stream for link quality estimation. For example, the link adaptation test packet 220 may be formatted for use in a MIMO transmission from a first transmitter (TX1) and second transmitter (TX2) of a first WLAN device. In MIMO, some or all parts of the link adaptation test packet 220 may be different based on the spatial stream encoding. In some implementations, the waveform transmitted by TX1 and TX2 are both based, at least in part, on the same packet stream data or different packet stream data. A receiving WLAN device may determine link quality metrics (such as SINR or EVM) based on the link quality estimation sequences for each spatial stream. The link quality metrics may enable MCS selection for MIMO transmissions with multiple spatial streams. Similar to the example in FIG. 2A, the link adaptation test packet 220 may include a preamble followed by a link quality estimation portion 250 that includes one or more OFDM symbols for link quality estimation.) Regarding Claim 16, Yang teaches claim 1. Yang further teaches further comprising terminating the first phase prematurely based on receiving data corresponding to the set of application data packets before an expected starting time. ([0062] … For example, the transmitting WLAN device may use a first selected MCS when sending one or more first packets. The transmitting WLAN device may select a different MCS for later packets based on feedback (such as an acknowledgement or negative acknowledgement) regarding the one or more first packets or based on a packet error rate (PER) associated with the one or more first packets. Thus, the traditional process of selecting an optimal MCS for the communication link may require an inefficient and iterative process over a consecutive series of adjustments. Meanwhile, the channel conditions may change before the WLAN devices converge on the optimal transmission rate. …) Regarding Claim 17, Yang teaches claim 1. Yang further teaches further comprising sending multiple transmission rounds of respective sets of test data packets, wherein the multiple transmission rounds include different modulation coding schemes sequenced according to one of previous rate adaptation results, from more robust to least robust, from higher rate to lower rate, or from most likely configuration, and further comprising determining the first rate adaptation configuration based on feedback corresponding to the sending of the sets of test data packets corresponding to the multiple transmission rounds. (fig. 12 and paragraph [0101] … In some implementations, the second WLAN device 120 may select a transmission rate option (such as MCS) for a subsequent MIMO transmission based on the link quality metrics. For example, if the average SINR for the wireless channel is above a threshold value, the second WLAN device 120 may select a first MCS option with a high data throughput. Meanwhile, if the average SINR for the wireless channel is below the threshold value, the second WLAN device 120 may select a second MCS option for the subsequent packet. Alternatively, or additionally, the second WLAN device 120 may provide the link quality metrics to the first WLAN device 110 so that the first WLAN device 110 can select a transmission rate option therefrom.) Regarding Claim 19, Yang teaches claim 1. Yang further teaches wherein the first and second phases are implemented in one of an AP or STA, and further comprising configuring implementation details of the first rate adaptation and the second rate adaptation according to the first and second phases with or without a corresponding request for the rate adaptation according to the implementation details from another device ([0061] A WLAN (sometimes also referred to as a Wi-Fi™ network) in a home, apartment, business, or other area may include one or more WLAN devices. An access point (AP) is a WLAN device that includes a distribution system access function. The AP may provide distribution system access for one or more stations (STAs) that are associated with the AP. An AP may provide a wireless coverage area for devices to access the WLAN via a wireless channel. STAs can establish a wireless association (also referred to as a wireless link, wireless connection, or the like) via the channel configuration of an AP to access the WLAN. A transmitting WLAN device (which may be an AP or a STA) may establish a communication link with a receiving WLAN device over a wireless channel. ... [0075] To establish a communication link 106 with an AP). Regarding Claim 20, Yang teaches 20. A wireless-capable device comprising: (fig. 14) a transceiver; ([0134] … The radio 1404 generally includes at least one radio frequency (RF) transmitter (or “transmitter chain”) and at least one RF receiver (or “receiver chain”), which may be combined into one or more transceivers …) a memory comprising program code; and ([0136] The memory 1408 can include tangible storage media such as random-access memory (RAM) or read-only memory (ROM), or combinations thereof. The memory 1408 also can store non-transitory processor- or computer-executable software (SW) code containing instructions that, when executed by the processor 1406, …) a processor, coupled to the transceiver and the memory, and configured to execute the program code to: ([0136] The memory 1408 can include tangible storage media such as random-access memory (RAM) or read-only memory (ROM), or combinations thereof. The memory 1408 also can store non-transitory processor- or computer-executable software (SW) code containing instructions that, when executed by the processor 1406, …) for a first phase: send a set of test data packets; and determine a first rate adaptation configuration based on feedback corresponding to the sending of the set of test data packets; ([0100] FIG. 5 depicts an example link adaptation protocol that uses a link adaptation test packet. The example link adaptation protocol 500 may begin with a first packet 510 from the first WLAN device 110 to the second WLAN device 120. The first packet 510 may include an indicator to indicate that the first packet includes one or more portions for link quality estimation 570. For example, in some implementations, the first packet 510 may include a link adaptation testing capability or enablement indicator to indicate that the first packet 510 is formatted for use in the link adaptation protocol 500. ... [0102] In response to the first packet 510, the second WLAN device 120 may send a feedback message 530 back to the first WLAN device 110. The feedback message 530 may begin after a short interframe space (SIFS) 520, which represents a determinable time period to maintain synchronization in the WLAN. The feedback message 530 may indicate the link quality metrics regarding the first packet ...) for a second phase: send at least a set of application data packets according to the first rate adaptation configuration; and (… [0102] … Based on the feedback information in the feedback message 530, the first WLAN device 110 may determine a selected transmission rate option to use for all or part of a second packet 540 transmitted from the first WLAN device 110 to the second WLAN device 120.) determine a second rate adaptation configuration based on at least one of the sending of the set of test data packets or the set of application data packets. ([0087] In some implementations, the link adaptation test packet processing unit 162 may process a first portion of the link adaptation test packet 172 to determine signal strength and may process a second portion of the link adaptation test packet 172 to determine noise and interference. The link adaptation test packet processing unit 162 may determine the link quality metrics based on measurements during the first portion and the second of the link adaptation test packet 172. Furthermore, different link quality metrics may be determined for the different spatial streams of the link adaptation test packet 172.) 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. In 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claim 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al, (U.S. PGPub 2021/0176657), Yang hereinafter, in view of Padmanabhan et al. (U.S. PGPub 2006/0215574), Padmanabhan hereinafter. Regarding Claim 3, Yang teaches claim 2. Yet, Yang does not expressly teach wherein the expected or predictable data packet traffic pattern includes a periodic data traffic pattern. However, in the analogous art, Padmanabhan explicitly discloses wherein the expected or predictable data packet traffic pattern includes a periodic data traffic pattern ([0041] This has the potential of impacting both the PRM- and PGM-based techniques for available bandwidth estimation. These techniques work best when the cross-traffic conforms to the fluid model (i.e., has an infinitesimal packet size) so that it gets interspersed uniformly with the probe packets. The highly bursty cross-traffic pattern can make it more difficult for a PRM-based technique such as Pathload to detect a clear increasing trend when the probing rate exceeds the available bandwidth. Likewise, the burstiness might make it harder for a PGM-based technique such as Spruce to obtain an accurate sample of the cross-traffic.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Padmanabhan's traffic pattern and scheduling policy for ease of adaptation of testing packet to diverse traffic situation. Regarding Claim 5, Yang teaches claim 2. Yet, Yang does not expressly teach further comprising receiving information about the predictable data packet traffic pattern based on one or any combination of the following: setting a policy; receiving a configuration message sent by a WLAN controller; and receiving a control message from another device, the control message comprising one or any of the following: a set of time points of an expected transmission; an expected size of each data packet; a period of periodic traffic flow; a starting time of uplink data flow; an ending time of downlink data flow; and a number of data packets for a periodic data flow. However, in the analogous art, Padmanabhan explicitly discloses further comprising receiving information about the predictable data packet traffic pattern based on one or any combination of the following: setting a policy; ([0036] Also as noted above, the traditional model assumes that all packets arriving at a link are serviced in FIFO order. Thus, a probe packet is assumed to experience a queuing delay commensurate with the total volume (in bytes) of the yet-to-be-serviced cross-traffic that preceded it in the queue. ... Although the downlink does not involve distributed contention, the inter-station scheduling policy employed by the CMTS might, in general, still be non-FIFO. Thus, in both settings, packets waiting at the different stations would not typically be transmitted in FIFO order.) receiving a configuration message sent by a WLAN controller; and (Alternative) receiving a control message from another device, the control message comprising one or any of the following: (Alternative) PNG media_image4.png 3 12 media_image4.png Greyscale a set of time points of an expected transmission; (Alternative) an expected size of each data packet; (Alternative) a period of periodic traffic flow; (Alternative) a starting time of uplink data flow; (Alternative) an ending time of downlink data flow; and (Alternative) a number of data packets for a periodic data flow. (Alternative) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Padmanabhan's traffic pattern and scheduling policy for ease of adaptation of testing packet to diverse traffic situation. Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al, (U.S. PGPub 2021/0176657), Yang hereinafter, in view of Zhang et al. (U.S. PGPub 2019/0327626), Zhang hereinafter. Regarding Claim 9, Yang teaches claim 1. Yet, Yang does not expressly teach further comprising delaying the sending of the set of test data packets according to a scheduled starting time and period, the scheduled starting time relative to an expected starting time for sending the set of application data packets, wherein the delaying is based on a time period corresponding to a busy channel encroaching in part upon the period, the expected starting time for sending the set of application data packets commencing at an end of the period. However, in the analogous art, Zhang explicitly discloses further comprising delaying the sending of the set of test data packets according to a scheduled starting time and period, the scheduled starting time relative to an expected starting time for sending the set of application data packets, wherein the delaying is based on a time period corresponding to a busy channel encroaching in part upon the period, the expected starting time for sending the set of application data packets commencing at an end of the period ([0022] In some disclosed embodiments, a communication device transmits communication packets that carry user data to a peer communication device over a wireless channel. In order to achieve fast and reliable rate adaptation, the communication device also transmits channel-probing packets for probing the channel conditions. The channel-probing packets are typically interleaved with the communication packets, e.g., transmitted in sequence as long as the communication device is not busy transmitting a communication packet. ... [0024] The channel-probing packets are typically small and transmitted at short intervals, to enable accumulation of reliable performance statistics. In some embodiments, the size and packet rate of the probing packets are selected so as to cause minimal degradation in the throughput and latency of the communication packets.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Zhang's adaptation of testing packet timing to network traffic demand to minimize testing traffic load impact on the network. Regarding Claim 11, Yang in view of Zhang teaches claim 9. Yang further teaches further comprising commencing a channel access contention during the period. ([0066] … In some implementations, the test packet may be based on a packet format for a data-carrying packet or a contention-based signaling packet (such as a request-to-send (RTS) packet). …) Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al, (U.S. PGPub 2021/0176657), Yang hereinafter, in view of Zhang et al. (U.S. PGPub 2019/0327626), Zhang hereinafter and further in view of Shellhammer et al. (U.S. PGPub 2021/019462), Shellhammer hereinafter. Regarding Claim 10, Yang in view of Zhang teaches claim 9. Yet, Yang in view of Zhang does not expressly teach wherein the scheduled starting time for sending the set of test data packets, and the period, are configurable parameters. However, in the analogous art, Shellhammer explicitly discloses wherein the scheduled starting time for sending the set of test data packets, and the period, are configurable parameters ([0114] ... The example link adaptation message sequence 1600 may be similar to the message sequences in FIG. 12, 13, 14, or 15. For example, the first WLAN device 110 may send an LA-NDPA 1205 to indicate the start of the link adaptation message sequence and that the LA-NDP 1210 will follow. The LA-NDP 1210 is an example of a fast link adaptation test packet which can enable the second WLAN device 120 to determine link quality metrics (such as SINR, BER, BLER, among other examples). ...) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Shellhammer's indication of start of link adaptation testing packet to make the testing packet more relevant to the network optimization. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al, (U.S. PGPub 2021/0176657), Yang hereinafter, in view of Du et al. (U.S. PGPub 2014/0269655), Du hereinafter. Regarding Claim 15, Yang teaches claim 1. Yet, Yang does not expressly teach, further comprising sending multiple transmission rounds of both sets of test data packets and corresponding sets of application data packets up to one of an upper limit in number of sent packets, an elapsed time threshold, or based on receiving data corresponding to the sets of application data packets. However, in the analogous art, Du explicitly discloses further comprising sending multiple transmission rounds of both sets of test data packets and corresponding sets of application data packets up to one of an upper limit in number of sent packets, an elapsed time threshold, or based on receiving data corresponding to the sets of application data packets ([0036] … The candidate data rate with the highest probability is chosen and a probe packet is transmitted using the candidate data rate (block 606). The probe packet uses a MCS index value. There is a mapping from the combination of the Nss and MCS values in the PPV to a corresponding MCS index value that is used in the probe packet. [0037] If the probe is successful (block 608-yes), then the probe probability vector (PPV) is updated (block 610). The probability in the PPV of the successful candidate rate is updated with Pold+λ1 and the success counter in the PPV is incremented. If the candidate data rate fails (block 608-no), then the probe probability vector is updated to [Pold−λ2] and the success counter in the PPV is not incremented (block 612). The selection process repeats (block 614-no) until the time limit T1 expires (block 614-yes). …) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Du's time threshold to prevent perpetual testing. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al, (U.S. PGPub 2021/0176657), Yang hereinafter, in view of Zhu et al. (U.S. PGPub 2014/0043975), Zhu hereinafter. Regarding Claim 18, Yang teaches claim 1. Yet, Yang does not expressly teach further comprising determining the set of test data packets according to one or any combination of number of test data packets per set, time gap between multiple test data packets, and size of each of the multiple test data packets. However, in the analogous art, Zhu explicitly discloses further comprising determining the set of test data packets according to one or any combination of number of test data packets per set, time gap between multiple test data packets, and size of each of the multiple test data packets ([0079] Process 800 begins with a connection manager sending probes of packets periodically with fixed probing interval and fixed probing packet size (step 802). The probes may be sent in any number of intervals. In one or more aspects, the probes are sent every 4 seconds. The probing packet size may be set to any fixed size. In one or more aspects, the fixed probing packet size may be set to 500 bytes.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Yang’s link adaptation using a link quality estimation sequence to include Zhu's probing packet sizes and multiple intervals to make testing packet more fit for use in link adaptation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes: U.S. PGPUB 2006/0146705 which describes techniques to manage communication rates in a wireless network U.S. PGPUB 2012/0140647 which describes communications techniques for bursty noise environments U.S. PGPUB 2020/0228934 which describes low latency multicast wireless communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE AYODELE OLUBODUN whose telephone number is (571)270-5462. The examiner can normally be reached 8.00am - 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, Nicholas A. Jensen can be reached at 571-270-5443. 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. /A.L.O./Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Nov 18, 2024
Application Filed
Aug 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+19.0%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
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