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 .
Response to Arguments
2. Applicant's arguments received 05/01/2026 have been fully considered but they are not persuasive.
Applicant argues:
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Examiner respectfully disagrees. Applicant is advised that, during patent examination, the pending claims must be given the broadest reasonable interpretation consistent with the specification. Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. See MPEP 2111.01. Moreover, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With these principles in mind, Examiner maintains the position that Han discloses or teaches the control method as recited in instant claim 1 including the limitation: wherein the terminal device is a device not directly connected to the wireless smart wearable device. Specifically, Examiner considers that Han’s network environment 300 of FIG. 3 comprises: a wireless smart wearable device (211), a terminal device (201), and a target device (212); wherein the terminal device includes a preset control interface (410 Fig. 4A) configured to receive a control instruction for the wireless smart wearable device from said preset control interface (para. 0130-0133, 0139). With the BRI to the phrase “not directly connected to” (i.e.: there is no physical/logical/functional link between the wireless smart wearable device 211 and the terminal device 201, they cannot interact, transfer energy, or communicate without going through an intermediary such as the Bluetooth wireless network), Examiner asserts that Han’s terminal device (201) is not directly connected to the wireless smart wearable device (211) (para. 0064), the terminal device is configured to instruct the target device (212) to control the wireless smart wearable device according to the control information (para. 0135, 0137, 0147). Applicant’s argument in this regard is therefore not persuasive.
Applicant further argues:
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Examiner respectfully disagrees. Han’a UI 410 (Fig, 4A) allows the user to select/designate one of the external electronic devices (212, 313, 314 Fig. 3) to transmit information from the selected/designated external electronic device to the wireless wearable device (211); once the selection is done, the terminal device (201) transmits the information (e.g., empowering/activating a link between the selected external electronic device and the wireless wearable device) about the selection/designation to the selected external electronic device (para. 0132: “For example, returning to FIG. 4A, when a user input to a single item (e.g., the TV selection UI 418) in the list 415 is received, the first electronic device 201 may transmit information about the connection to the currently connected electronic device (e.g., the first external electronic device 211 of FIG. 3), to an electronic device (e.g., the second external electronic device 212 of FIG. 3) corresponding to the item”). Put it differently, there must a pre-established connection between the terminal device (201) and each of the external electronic devices displayed in the list 415 (para. 0131). As such, Han’s target device (e.g., 212 Fig. 3) is indeed selected from one or more external electronic devices (212/313/314 Fig. 3) that are already connected with the wireless smart wearable device (201). Applicant’s argument in this regard is therefore not persuasive.
The rest of the Applicant’s arguments are reliant upon the issues discussed above or have been fully addressed in the detailed response as set forth in sections 3-7 below in this Office action.
Claim Rejections - 35 USC § 102
3. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
(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.
4. Claims 1-2, 4-6, 8-9, 11-13, 15-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US 20200128620 A1).
Regarding claim 1, Han discloses a control method for a wireless smart wearable device (e.g., 211 of Fig. 3), performed by a terminal device (e.g., 201 of Fig. 3) and comprising:
receiving a control instruction for the wireless smart wearable device from a preset control interface (UI 410 of Fig. 4A) of the terminal device, wherein the terminal device is a device not directly connected to the wireless smart wearable device (para. 0064, 0135, 0137, 0147);
determining a target device (e.g., 212 of Fig. 3), wherein the target device is a device connected with the wireless smart wearable device (para. 0130, 0132: “when a user input to a single item (e.g., the TV selection UI 418) in the list 415 is received, the first electronic device 201 may transmit information about the connection to the currently connected electronic device (e.g., the first external electronic device 211 of FIG. 3), to an electronic device (e.g., the second external electronic device 212 of FIG. 3) corresponding to the item”); and
transmitting, according to the control instruction, corresponding control information to the target device (para. 0129: “the first electronic device 201 may transmit the connection information associated with the communication connection between the first electronic device 201 and the first external electronic device 211, to the second external electronic device 212 and/or the fourth external electronic device 314”), so as to instruct the target device (212) to control the wireless smart wearable device (211) according to the control information (para. 0135: “the second external electronic device 212 and/or the fourth external electronic device 314 may estimate the channel between the first electronic device 201 and the first external electronic device 211 using the received connection information and may listen to the communication using the estimated channel”; para. 0137, 0147)
Regarding claim 2, Han discloses: wherein transmitting, according to the control instruction, corresponding control information to the target device comprises: forming the control information corresponding to the control instruction in an application corresponding to the preset control interface, and transmitting the control information to the target device (para. 0136, 0139).
Regarding claim 4, Han discloses: wherein receiving the control instruction of the wireless smart wearable device from the preset control interface of the terminal device comprises: receiving the control instruction on a control interface of the wireless smart wearable device, the control interface comprising an interface corresponding to an icon corresponding to the wireless smart wearable device on the preset control interface (see Figs. 4a and 4c and related text).
Regarding claim 5, Han discloses a control method for a wireless smart wearable device (211 of Fig. 3), performed by a target device (212 of Fig. 3), wherein the target device (e.g., 212 Fig. 3) is a device connected with the wireless smart wearable device, the target device is determined by a terminal device, the terminal device is a device not directly connected to the wireless smart wearable device (see discussion for claim 1 above), and the control method for the wireless smart wearable device comprises: receiving control information for controlling the wireless smart wearable device, and controlling the wireless smart wearable device according to the control information (see discussion of claim 1 above).
Regarding claim 6, Han discloses: wherein controlling the wireless smart wearable device according to the control information comprises: generating a corresponding adjustment instruction according to the control information and a control protocol (para. 0046, 0079, 0092) supported by the wireless smart wearable device, and adjusting the wireless smart wearable device (211 of Fig. 3) according to the adjustment instruction (para. 0079, 0135, 0181).
Regarding claim 8, Han discloses a terminal device (201), comprising: one or more processor, and a memory storing a processor-executable instruction (Fig. 1), wherein the processor-executable instruction, when executed by the one or more processors, causes the terminal device to: receive a control instruction for a wireless smart wearable device from a preset control interface of the terminal device, wherein the terminal device is a device not directly connected to the wireless smart wearable device; determine a target device, wherein the target device is a device connected with the wireless smart wearable device; and transmit, according to the control instruction, corresponding control information to the target device, so as to instruct the target device to control the wireless smart wearable device according to the control information (see discussion for claims 1 and 5 above).
Regarding claim 9, Han discloses the claimed invention (see discussion for claim 2 above).
Regarding claim 11, Han discloses the claimed invention (see discussion for claim 4 above).
Regarding claim 12, Han discloses the claimed invention (see discussion for claim 8 above).
Regarding claim 13, Han discloses the claimed invention (see discussion for claim 6 above).
Regarding claim 15, Han discloses a non-transitory computer-readable storage medium, storing a processor-executable instruction, wherein the processor-executable instruction, when executed by one or more processors of the terminal device, causes the terminal device to perform the control method for the wireless smart wearable device according to claim 1 (para. 0037).
Regarding claims 16 and 18-20, Han discloses the claimed invention (see discussion for claim 1-4, 5-6 and 15 above).
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
6. Claims 3, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. in view of Chan et al. (WO 2022055415 A1).
Regarding claims 3, 10 and 17, Han is silent on: wherein determining the target device comprises: determining the target device (212 of Fig. 3) connected with the wireless smart wearable device according to a media access control (MAC) address of the wireless smart wearable device.
Chan discloses methods and devices for facilitating the seamless handover of wireless communications between paired wireless devices, comprising: determining a target device (e.g., 120 of Fig. 1) connected with a wireless smart wearable device (e.g., 110 of Fig. 1) according to a media access control (MAC) address of the wireless smart wearable device (para. 0012-0013, 0019: an app on smartphone to control headphones, the smartphone receives from them the MAC address of a further device previously paired with the headphones such as TV or CD player and then the smartphone selects a target device and reports it to the headphones so they connect to the device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chan’s teaching of determining the target device connected with the wireless smart wearable device according to a MAC address of the wireless smart wearable device into the system of Han to arrive the claimed invention, as an intended use of well-known technique of MAC addressing. The skilled person would conceive and apply such modification, in view of Chan, without needing inventive skill but depending on practical considerations and according to the dictates of the circumstances, since it has been held that the mere application of a known technique to a specific instance by those skilled in the art would have been obvious.
7. Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al.
Regarding claims 7 and 14, Han discloses: wherein the control protocol comprises an audio protocol (para. 0046).
Han is silent on: said audio protocol is a musical instrument digital interface (MIDI) protocol.
Examiner takes official notice that an audio protocol such as a musical instrument digital interface (MIDI) protocol is well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply such well-known MIDI protocol into the Han’s audio protocol to arrive the claimed invention. It has been held that the mere application of a known technique to a specific instance by those skilled in the art would have been obvious.
Conclusion
8. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANCHUN QIN whose telephone number is (571)272-5981. The examiner can normally be reached 9AM-5:30PM EST M-F.
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, Dedei Hammond can be reached at (571)270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANCHUN QIN/Primary Examiner, Art Unit 2837
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