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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 2, 2025 has been entered.
Response to Amendment
Claims 1-20 have been amended. The status of claim 1-20 remains pending.
Response to Arguments
Applicant's arguments filed on September 9, 2025 have been fully considered but they are not persuasive.
The Applicant’s argument concerning the newly added limitations, the Examiner has made a new ground of rejection to address the amendments to the claims. The POLO’s reference has been dropped from the rejection.
The Examiner respectfully submits that new ground of rejection discloses and renders the applicant claim invention obvious.
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 7-14, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (US 2018/0070221 A1) in view of Wilhelmsson et al (US 2023/0396354 A1).
Regarding claim 1 (Currently Amended), Wang et al (US 2018/0070221 A1) discloses a method (see, methods and systems for reducing connection latency using advertising packets, section 0006-0007) comprising: sending, by a first node (see, first BLE device that transmits an advertising packet to a second BLE device which responds to the advertising packet, section 0020-0021) to a second node (see, second BLE device which respond to the advertising packet from the first BLE, section 0020-0021) during a connection event (see, device which operates according to a first frequency, transmits advertising packets/connection request packets, section 0006-0008, 0020, 0025-advertsing period, each period, the device listens for wireless packets during the listen window), a request to change from a first operation channel (see, scan request packet wherein the peripheral device changes the advertising frequency, section 0029), wherein the request is [[encoded]] in the first operation channel (see, advertising packets that are transmitted at an advertising frequency having a period, section 0025-0026); the first operation channel having a first transmission frequency; and sending, by the first node to the second node during the first connection event (see, second advertising mode in which the advertising packets are transmitted at a second frequency that is greater than the first frequency, connection interval between devices, section 0006, 0028), a first packet [[encoded]] in a second operation channel (see, the response packet in relation to the advertising packets, section 0006, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)), wherein the second operation channel is different from the first operation channel (see, the second frequency is greater than the first frequency, section 0006-0007, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)).
Wang discloses all the claim limitations as set forth above but fails to explicitly disclose: sending, by the first node to the second node during the connection event and after sending the request, a packet encoded in a second operation channel, the second operation channel having a second transmission frequency, wherein the second operation channel is different from the first operation channel and the second transmission frequency is different than the first transmission frequency.
However, Wilhelmsson et al (US 2023/0396354 A1) discloses: sending, by the first node to the second node during the connection event (see, connection event may be utilized to gain information on the channel conditions, section 0071) and after sending the request (see, the transmitter sends a packet and request the receiver to send back information about the quality on these channels, an MCS can be used for switching frequency, section 0065) a packet encoded in a second operation channel (see, the frequency is changed after each packet transmission, section 0066-0067), the second operation channel having a second transmission frequency (see, adjusting the modulation and coding scheme for each set of channels for each frequency hop, the modulation coding and scheme for the next packet, section 0015, 0019) wherein the second operation channel is different from the first operation channel (see, multiple channel conditions/the quality of different frequencies during a connection event, the frequency in BLE is changed, section 0076) and the second transmission frequency is different than the first transmission frequency (noted: for each set of the channels for each frequency hop, the MCS is adjusted, section 0015, 0019, 0076-0077).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 2 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, further comprising receiving, at the first node from the second node during the connection event, a response to the request, wherein the response is encoded in the first operation channel (see, receiving of scan packet in response to advertising packets, section 0006-0008, 0028-adversting packets are used to establish connection at connection interval, Wilhelmsson ‘354 see, the transmitter sends a packet and request the receiver to send back information about the quality on these channels, an MCS can be used for switching frequency, section 0065).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 7 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, wherein the first node sends only one other packet encoded in the first operation channel during the connection event after sending the request (noted: after connection establishment, another advertisement packet is transmitted in relation to the advertising frequency, section 0026-0027, Wilhelmsson ‘354, the next packet transmission after adjustment of the modulation and coding scheme, section 0019-0021).
Regarding claim 8 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, further comprising generating the request to include an indication of a time for the first and second node to change from the first operation channel (Wilhelmsson ‘354 ,see, duration and time for switching the frequency/channels to be used for the actual transmission, section 0065) wherein sending the packet occurs after the time to change from the first operation channel (Wilhelmsson ‘354 ,see, duration and time for switching the frequency/channels to be used for the actual transmission, section 0065).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 9 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, wherein the packet is first packet, the method further comprising: generating a second packet before sending the request; and embedding the request in the second packet, wherein sending the request comprises sending the second packet and the embedded request to the second node during the connection event (see, adjusting the modulation and coding scheme for each set of channels for each frequency hop, the modulation coding and scheme for the next packet, section 0015, 0019, noted: Wang discloses the peripheral device 20 coupled to the central device 10).
Regarding claim 10 (Currently Amended), Wang ‘221 discloses the method of claim 1, wherein the connection event is a Bluetooth Low Energy connection event (see, the connection request/advertising packets between the peripheral device and central device uses Bluetooth Low Energy (BLE) protocol, section 0025).
Regarding claim 11 (Currently Amended), Wang ‘221 discloses the method of claim 1, wherein sending the first packet occurs before an end of the connection event (see, the advertising packets according to advertising frequency, advertising packets at end of each advertising period, section 0025).
Regarding clam 12 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, wherein the request includes an indication of the second operation channel (Wilhelmsson ‘354 see, adjusting the modulation and coding scheme for each set of channels for each frequency hop, the modulation coding and scheme for the next packet, section 0015, 0019), see, connection request packet which includes connection parameters such a frequency hopping, section 0026, 0035, 0037, 039).
Regarding claim 13 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the method of claim 1, further comprising determining the second channel based on a pre-defined channel set (see, channels 37, 38 and 39 are used for transmitting packets in relation to BLE protocol, section 0024-0025, Wilhelmsson ‘354, see, scanning of suitable channel from a list of 79 channels, section 0065).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 14 (Currently Amended), Wang ‘221 discloses a device comprising: transceiver circuitry (fig. 2, peripheral device 200 which includes a transceiver 240 coupled to control circuitry and BLE timing module 222,s section 0023-0024); and processing circuitry (fig. 2, see, control circuitry 220 that is coupled to BLE module 22, transceiver 240 configured to adjust the advertising frequency, section 0023) configurable to: generate a request to change a current operation channel (see, scan request packet wherein the peripheral device changes the advertising frequency, section 0029, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)) during a first connection event (see, device which operates according to a first frequency, transmits advertising packets/connection request packets, section 0006-0008, 0020, 0025-avertsing period, each period, the device listens for wireless packets during the listen window); cause transceiver circuitry to send the request [[encoded]] in a first operation frequency (see, advertising packets that are transmitted at an advertising frequency having a period, section 0025-0026); generate a first packet after causing the transceiver circuitry to send the request (see, second advertising mode in which the advertising packets are transmitted at a second frequency that is greater than the first frequency, section 0006; and cause the transceiver circuitry to send, during the first connection event (see, the response packet in relation to the advertising packets, section 0006), the first packet [[encoded]] in a second operation channel (see, second advertising mode in which the advertising packets are transmitted at a second frequency that is greater than the first frequency, section 0006, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)), wherein the second operation channel is different from the first operation channel (see, the second frequency is greater than the first frequency, section 0006-0007).
Wang ‘221 discloses all the claim limitations but fails to explicitly disclose: generate a packet after instructing the transceiver circuitry to send the request; and instruct the transceiver circuitry to send, during the connection event, the packet encoded in a second operation channel, the second operation channel having a second transmission frequency, wherein the second operation channel is different from the first operation channel and the second transmission frequency is different than the first transmission frequency.
However, Wilhelmsson et al (US 2023/0396354 A1) discloses: generate a packet after instructing the transceiver circuitry to send the request (see, the transmitter sends a packet and request the receiver to send back information about the quality on these channels, an MCS can be used for switching frequency, section 0065); and instruct the transceiver circuitry to send, during the connection event (see, connection event may be utilized to gain information on the channel conditions, section 0071), the packet encoded in a second operation channel (see, the frequency is changed after each packet transmission, section 0066-0067),, the second operation channel having a second transmission frequency( see, adjusting the modulation and coding scheme for each set of channels for each frequency hop, the modulation coding and scheme for the next packet, section 0015, 0019), wherein the second operation channel is different from the first operation channel and the second transmission frequency is different than the first transmission frequency (noted: for each set of the channels for each frequency hop, the MCS is adjusted, section 0015, 0019, 0076-0077).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 16 (Currently Amended), Wang ‘221 as Wilhelmsson ‘354 discloses the device of claim 14, wherein the processing circuitry is further configurable to generate the request to include an indication of a time for the device and another device to change the current operation channel (Wilhelmsson ‘354 ,see, duration and time for switching the frequency/channels to be used for the actual transmission, section 0065) and wherein the processing circuitry is configured to cause the transceiver circuitry to send the first packet after the time to change the current operation channel (Wilhelmsson ‘354 ,see, duration and time for switching the frequency/channels to be used for the actual transmission, section 0065).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 17 (Currently Amended), Wang ‘221 as modified by Wilhelmsson ‘354 discloses the device of claim 14, wherein the processing circuitry is further configurable to generate the request to include an indication of the second operation channel (see, scan request packet in relation to changing to advertising frequency, second frequency, section 0006-0007, 0029, see, channels 37, 38 and 39 are used for transmitting packets in relation to BLE protocol, section 0024-0025, Wilhelmsson ‘354, see, scanning of suitable channel from a list of 79 channels, section 0065).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Regarding claim 18 (Currently Amended), Wang ‘221 discloses a non-transitory computer-readable medium having executable instructions stored thereon (see, software construct/computer-readable code, instructions recorded on computer-readable medium executed by a processor, section 0037-0038), configurable to be executable by processing circuitry (see, software construct/computer-readable code, instructions recorded on computer-readable medium executed by a processor, section 0037-0038 for causing the processing circuitry (fig. 2, see, control circuitry 220 that is coupled to BLE module 22, transceiver 240 configured to adjust the advertising frequency, section 0023) to: generate a request to change from a first operation channel (see, scan request packet wherein the peripheral device changes the advertising frequency, section 0029, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)) having a first transmission frequency, during a first connection event (see, device which operates according to a first frequency, transmits advertising packets/connection request packets, section 0006-0008, 0020, 0025-avertsing period, each period, the device listens for wireless packets during the listen window); cause transceiver circuitry to send the request [[encoded]] in a first operation channel (see, advertising packets that are transmitted at an advertising frequency having a period, section 0025-0026, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)); generate a packet after instructing the transceiver circuitry to send the request (see, second advertising mode in which the advertising packets are transmitted at a second frequency that is greater than the first frequency, section 0006; and instruct the transceiver circuitry to send, during the connection event (see, the response packet in relation to the advertising packets, section 0006), the packet [[encoded]] in a second operation channel (see, second advertising mode in which the advertising packets are transmitted at a second frequency that is greater than the first frequency, section 0006, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)).), wherein the second operation frequency is different from the first operation channel (see, the second frequency is greater than the first frequency, section 0006-0007, Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024)).
Wang ‘221 discloses all the claim limitations but fails to explicitly disclose: generate a packet after instructing the transceiver circuitry to send the request; and instruct the transceiver circuitry to send, during the connection event, the packet encoded in a second operation channel, the second operation channel having a second transmission frequency, wherein the second operation channel is different from the first operation channel and the second transmission frequency is different than the first transmission frequency.
However, Wilhelmsson et al (US 2023/0396354 A1) discloses: generate a packet after instructing the transceiver circuitry to send the request (see, the transmitter sends a packet and request the receiver to send back information about the quality on these channels, an MCS can be used for switching frequency, section 0065); and instruct the transceiver circuitry to send, during the connection event (see, connection event may be utilized to gain information on the channel conditions, section 0071), the packet encoded in a second operation channel (see, the frequency is changed after each packet transmission, section 0066-0067),, the second operation channel having a second transmission frequency( see, adjusting the modulation and coding scheme for each set of channels for each frequency hop, the modulation coding and scheme for the next packet, section 0015, 0019), wherein the second operation channel is different from the first operation channel and the second transmission frequency is different than the first transmission frequency (noted: for each set of the channels for each frequency hop, the MCS is adjusted, section 0015, 0019, 0076-0077).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the method and device from changing the frequency from a first to a second of Wang ‘221 with the hoping between frequency channels by adjusting the modulation and coding scheme based on the channel quality as taught by Wilhelmsson ‘354 by encapsulating with the change request with the adjusted modulation and coding scheme. The motivation would have been to provide frequency diversity using frequency hopping.
Claims 3-6, 15, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (US 2018/0070221 A1) in view of Wilhelmsson et al (US 2023/0396354 A1) as applied to claims 1, 18 above, and further in view of XING FU et al (NPL (IEEE Access-A Q-Learning-Based Approach for Enhancing Energy Efficiency of Bluetooth Low Energy, January 5, 2021, IDS).
The combination of Wang ‘221 and Wilhelmsson ‘354discloses all the claim limitations but fails to explicitly disclose: Regarding claim 3 (Currently Amended), the method of claim 1, wherein the request is a first request, the method further comprising sending, by the first node to the second node during the connection event, a second request to extend a duration of the first connection event.
Regarding claim 4 (Currently Amended), the method of claim 3, further comprising, after sending the second request, exchanging packets between the first and second nodes during the connection event beyond a preset duration of the connection event.
Regarding claim 5 (Currently Amended), the method of claim 1, wherein the request is a first request, the method further comprising receiving, by the first node from the second node during the connection event, a second request to extend a duration of the connection event.
Regarding claim 6 (Currently Amended), the method of claim 1, wherein the first node sends no other packets encoded in the first operation channel during the connection event after sending the request.
Regarding claim 15 (Currently Amended), the device of claim 14, wherein the request is a first request, and wherein the processing circuitry is further configurable to instruct the transceiver circuitry to send, during the connection event, a second request to extend a duration of the connection event.
Regarding claim 19 (Currently Amended), the non-transitory computer-readable medium of claim 18, wherein the request is a first request, and wherein the instructions are further configurable to instruct the transceiver circuitry to send, during the first connection event, a second request to extend a duration of the connection event.
Regarding claim 7 (Currently Amended), the method of claim 1, wherein the first node sends only one other packet encoded in the first operation channel during the first connection event after sending the request.
However, XING FU (NPL (IEEE Access-A Q-Learning-Based Approach for Enhancing Energy Efficiency of Bluetooth Low Energy, January 5, 2021) from a similar field of endeavor discloses: Regarding claim 3, the method of claim 1, wherein the request is a first request, the method further comprising sending, by the first node to the second node during the first connection event (see, BLTE device transmits data to other nearby devices, periodic exchange of data between BLE devices, page 21288) a second request to extend a duration of the first connection event (page 21288-21290-discloses the master responsible for scheduling parameters of the CI length and number of packets to transmit per CI with respect to a connection period (i.e.; from 7.5. msec to 4 sec), noted: the combination of Wang and POLO discloses connection requests).
Regarding claim 4 (Currently Amended), Wang as modified by POLO and Xing discloses the method of claim 3, further comprising, after sending the second request, exchanging packets between the first and second nodes during the connection event beyond a preset duration of the connection event (page 21288-21290-discloses the master responsible for scheduling parameters of the CI length and number of packets to transmit per CI with respect to a connection period (i.e.; from 7.5. msec to 4 sec)).
Regarding claim 5 (Currently Amended), Wang as modified by POLO and Xing discloses the method of claim 1, wherein the request is a first request, the method further comprising receiving, by the first node from the second node during the connection event, a second request to extend a duration of the connection event (page 21288-21290-discloses the master responsible for scheduling parameters of the CI length and number of packets to transmit per CI with respect to a connection period (i.e.; from 7.5. msec to 4 sec)).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the combined method and device from changing the frequency from a first to a second frequency and frequency hopping during connection events of Wang ‘221 and Wilhelmsson ‘354 with the Q-Learning-based approach for enhancing efficiency of Bluetooth low energy as taught by XING FU. The motivation would have been to provide variable connection intervals.
Regarding claim 6 (Currently Amended), Wang as modified by POLO and Xing discloses the method of claim 1, wherein the first node sends no other packets encoded in the first operation channel (Wang discloses the use of multiple channels (i.e., channel 37, 38, 39) in the BLE protocol (section 0024) during the first connection event after sending the request (see, the master sets zero as the number of packets to transmits duding connection interval (CI), the current connection is skipped, page 21288-21290, noted: the aforementioned steps take place after connection between the master and the slave is formed).
In view of the above, it would have been obvious before the effective filing of the claim invention to which the invention pertains to modify the combined method and device from changing the frequency from a first to a second frequency and frequency hopping during connection events of Wang ‘221 and Wilhelmsson ‘354 with the Q-Learning-based approach for enhancing efficiency of Bluetooth low energy as taught by XING FU. The motivation would have been to provide variable connection intervals.
Regarding claim 15 (Currently Amended), it is rejected under the same rationale as claim 3 as discussed above because the claim comprises the same limitations.
Regarding claim 19 (Currently Amended), it is rejected under the same rationale as claim 3 as discussed above because the claim comprises the same limitations.
Allowable Subject Matter
9. Claims 16, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior arts either singularly or in combination fail to reasonably anticipate ore render obvious “wherein the processing circuitry is further configured to generate the request to include an indication of a time for the device and another device to change from the first operation channel , and wherein the processing circuitry is configurable to instruct the transceiver circuitry to send the packet after the time to change from the first operation channel” recited in claim 16, 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CHEONG et al (US 2020/0296793 A1) disclose request for channel AFH change request based on channel information (see, the first device may request to change the adaptive frequency hopping, the first device and the second device may change the channel based on adaptive frequency hopping, section 0114, 0179-0181).
PEDERSEN et al (US 2017/0054528 A1)
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473