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Hi Murali:

The IEEE 802.11 standard does not speak to every situation. Vendors have to invent ways to finish their products that are appealing to buying customers. This includes interoperability and performance.

When I say that "an AP has no responsibility" to do a something, all I mean is that the standard has not prescribed a responsibility to do that something.

A probe responder knows what data rate was used by a probe request. Even if the probe request carries a purposely nonsense set of data rates in information elements, the responder can ignore them and respond, and this appears to me to be the reasoning of the standard. What could be gained by not responding?

I hope this helps. Thanks. /criss