They haven't patched it because I can consistently run it. First off. When the Ds disconnects from the hotspot for any reason you have to reset the hotspot completely. I find this means hitting delete connection on the Ds' connection settings. then setting the connection up again.
Also a known issue. If instacheck is scanning when you try to connect the game to the internet, the game will not connect, and you will be forced to reset the hotspot just to make it work.
As for not displaying any results. You need to do a couple of things.
A. Set the"frequency" on the drop down box to the wireless adaptor you use to run the hotspot.
B. Press start scanning before anything is shown in the trade if you want to see the results. You can start the scan while the Ds says communicating without issue. scanning after something is shown will not display results until something new is shown.