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 .
This Office Action is in response to communications filed on 12/19/2025.
Claims 1-12 are pending and presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 202211386226.0, filed on 11/7/2022.
Response to Amendment
Claims 1, 2, 7 & 8 have been amended.
Objections to claims 2 & 8 have been withdrawn based on amendments to these claims.
New grounds of rejections to claim 1 & 7 have been made based on amendments to these claims.
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 12/19/2025, with respect to objections to claims 2 & 8 have been fully considered and are persuasive. The objections to claims 2 & 8 have been withdrawn.
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Regarding claims 1 & 7, applicant submits that amendments to these claims traverse the 35 USC 103 rejections of these claims because Chen in view of Kallai fail to disclose or teach all of the limitations of amended claims 1 & 7. Examiner respectfully disagrees noting that, per 35 U.S.C. 103, a patent for a claimed invention may not be obtained 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 (see §MPEP 2141).
Applicant argues that Chen in view of Kallai fail to disclose “perform an audio source scanning through the communication circuit and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning" and "the Bluetooth audio source apparatus is different from the Bluetooth communication assistant apparatus". Applicant argues that Chen in view of Kallai fail to discloses the above limitations because in Chen the scanning is to communicate with the host device 110 to retrieve the device address therefrom, while in the present application the audio source scanning is to communicate with the Bluetooth audio source apparatus instead of the Bluetooth communication assistant apparatus, in which the Bluetooth audio source apparatus is different from the Bluetooth communication assistant apparatus. Applicant argues that Chen in view of Kallai fail to disclose the above limitations because the audio source scanning in Chen is not solely performed by the Bluetooth audio playback apparatus itself without the involvement of the Bluetooth communication assistant apparatus. Examiner respectfully disagrees. The claim language in claims 1 & 7 does not require that the audio playback apparatus perform the audio source scanning by directly communicating with the Bluetooth audio source apparatus, or without involvement of the Bluetooth communication assistant apparatus. Claims 1 & 7 recite a Bluetooth audio playback apparatus, and a method for the Bluetooth audio playback apparatus, that “perform an audio source scanning through the communication circuit and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning, wherein the Bluetooth audio source apparatus is different from the Bluetooth communication assistant apparatus”. This claim merely requires that the audio source apparatus be different from the Bluetooth communication assistant apparatus, and that the audio source apparatus perform an audio scanning through the communication circuit and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning. Fig 3 & [0028] in Chen disclose a source device 106 (i.e. an audio source apparatus) that is different from host device 110 (i.e. a communication assistant apparatus), and [0030]-[0033] of Chen disclose a sink device 102 (i.e. an audio playback apparatus) that performs an audio source scanning through a communication circuit in the sink device 102 and generates audio source information according to source device 106 that is found during the audio source scanning. While the scanning process in Chen does include communication with the host device 110 to perform the scanning and generate the audio source information, the current claim language of claims 1 & 7 do not preclude the scanning process and generation of the audio source information from involving a host device. Specifically, nowhere in claims 1 & 7 does it recite that the audio source scanning by the audio playback apparatus must be directly with the audio source apparatus, or without involvement of the Bluetooth communication assistant apparatus.
Applicant argues that Chen in view of Kallai fail to disclose the feature of "the audio source information includes identification information of the Bluetooth audio source apparatus" and "transmit the audio source information to the Bluetooth communication assistant apparatus through the communication circuit" of the present application. Applicant argues that Chen in view of Kallai fail to disclose the above limitations because Chen or Kallai or in combination fail to disclose after performing the audio source scanning, the Bluetooth audio playback apparatus transmits the audio source information to the Bluetooth communication assistant apparatus, in which the audio source information includes identification information of the Bluetooth audio source apparatus. Applicant argues that Chen in view of Kallai fail to disclose the above limitations because Chen or Kallai or in combination fail to disclose that the Bluetooth audio playback apparatus transmits the audio source information before the audio data is received and play backed, wherein the audio data is received only after the Bluetooth audio source apparatus is selected based on the audio source information. Examiner respectfully disagrees. Examiner notes that the claim language in claims 1 & 7 does not recite limitations requiring that transmitting the audio source information occur “after performing the audio source scanning” or “before the audio data is received”. Based on the current claim language of claims 1 & 7, [0030] & [0033] of Chen disclose "the audio source information includes identification information of the Bluetooth audio source apparatus" and Fig 2A & 2B and col 8, lines 47-67 Kallai teaches "transmit the audio source information to the Bluetooth communication assistant apparatus through the communication circuit", and there are obvious reasons for combining the feature of Chen with the teaching of Kallai (discussed more below).
Applicant argues that Kallai fails to disclose performing selection of audio source and is not generated in response to any audio source information. Examiner notes that the limitation in claims 1 & 7 that recites “receive a selection command generated in response to the audio source information from the Bluetooth communication assistant apparatus through the communication circuit to select the Bluetooth audio source apparatus as a selected Bluetooth audio source apparatus” is shown to be disclosed by Chen in Fig 3 & [0033] of Chen, and thus not required to be taught by Kallai.
Applicant argues that the feature of Kallai fails to be combined with the feature of Chen because the host device 110 of Chen already has the device addresses for the sink device 102 to retrieve, and thus the host device 110 does not need the sink device 102 to provide any device information thereto. Examiner respectfully disagrees. While true that host device 110 already has the device addresses for audio source apparatuses, there are other obvious reasons for sink device 102 to send device addresses for audio source apparatuses to host device 110. For example, sink device 102 may provide a selection of preferred device addresses for audio source apparatuses, based on a user input at sink device 102, so that host device can provide an enhanced listening experience by only selecting from the provided preferred device addresses for audio source apparatuses rather than selecting from all the device addresses for audio source apparatuses found through scanning. Therefore, there are obvious reasons for combining the feature of Chen with the teaching of Kallai.
Applicant argues that Chen in view of Kallai fail to disclose the feature of "receive a selection command generated in response to the audio source information from the Bluetooth communication assistant apparatus through the communication circuit to select the Bluetooth audio source apparatus as a selected Bluetooth audio source apparatus" and "receive audio data from the selected Bluetooth audio source apparatus through the communication circuit and playback the audio data" of the present application. Applicant argues that Chen fails to disclose the above limitations because in Chen the source device 106 actually initiates the request 318 to the host device 110 such that the host device 110 transmits the source selection 304 to the sink device 102. Examiner respectfully disagrees. The claim language of claims 1 & 7 does not require that the source selection be initiated by the host device. Claims 1 & 7 recite “receive a selection command generated in response to the audio source information from the Bluetooth communication assistant apparatus through the communication circuit…”. This claim language may be interpreted as the sink device 102 receiving a selection command from host device 110, and that the selection command is generated in response to the audio source information from host 110, but does not require that the selection command be generated by (or initiated by) the host device 110. Fig 3 & [0033] of Chen disclose "receive a selection command generated in response to the audio source information from the Bluetooth communication assistant apparatus through the communication circuit to select the Bluetooth audio source apparatus as a selected Bluetooth audio source apparatus" and "receive audio data from the selected Bluetooth audio source apparatus through the communication circuit and playback the audio data".
Based on the above discussion, examiner maintains rejection of claims 1 & 7 under 35 USC 103 based on Chen in view of Kallai.
Regarding claims 2-6 & 8-12, applicant submits that these claims are patentable based on amendments to claims 1 & 7 and arguments to claims 1 & 7 made above and due to their dependency on claims 1 or 7. Examiner respectfully disagrees and for the reasons discussed above maintains rejection of claims 2-6 & 8-12 under 35 USC 103 based on Chen in view of Kallai and further in view of other references cited in this office action.
Claim Interpretation
Several of the claims in the present application recite Markush groups in the format of “at least one of A, B or C” (see MPEP §2117). For the purpose of this review, the examiner is interpreting these Markush claims as a single element selection from a closed group of elements consisting of alternatives A, B or C.
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 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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 7, 8 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023018410)(herein after “Chen”) and further in view of Kallai et al. (US 9219959)(herein after “Kallai”).
Regarding claims 1 & 7, Chen discloses a Bluetooth communication method having audio source scanning mechanism used in a Bluetooth audio playback apparatus (Fig 1, fig 3 & [0032] disclose a sink device 102 that includes a broadcast media receiver 104 that can perform audio playback 320. [0017] discloses that sink device 102 could use the Bluetooth LE wireless communication protocol making sink device 102 a Bluetooth audio playback apparatus. [0016] discloses that sink device 102 implements a broadcast scan delegator 112 that offloads scanning for audio streams to another device with broadcast scanning functionality, such as broadcast scan assistant 114 that scans for audio broadcast streams. The broadcast scan delegator 112 can be considered a mechanism for performing audio source scanning. Fig 5 & [0051] discloses the method steps for managing the audio broadcast embodiments disclosed above. Thus, disclosed is a Bluetooth communication method having a scan delegator mechanism used in a Bluetooth audio sink device.), and
a Bluetooth audio playback apparatus having audio source scanning mechanism (Fig 1, fig 3 & [0032] disclose a sink device 102 that includes a broadcast media receiver 104 that can perform audio playback 320. [0017] discloses that sink device 102 could use the Bluetooth LE wireless communication protocol making sink device 102 a Bluetooth audio playback apparatus (herein after, sink device 102 will be interpreted as a Bluetooth audio playback apparatus). [0016] discloses that sink device 102 implements a broadcast scan delegator 112 that offloads scanning for audio streams to another device with broadcast scanning functionality, such as broadcast scan assistant 114 that scans for audio broadcast streams. The broadcast scan delegator 112 can be considered a mechanism for performing audio source scanning.), comprising:
a communication circuit (Fig 1, [0015] & [0017] disclose that sink device 102 may communicate with a host device 110 and source devices 106 using wireless network 150 using Bluetooth LE protocols. ([0087] discloses that aspects of the disclosed invention (e.g. communicating using Bluetooth LE protocols) may be implemented as a circuit or set of circuits. Thus, sink device 102 may comprise a communication circuit for communicating with host device 110 and source devices 106 using the Bluetooth LE protocol.); and
a processing circuit (Fig 2 & [0019]-[0020] disclose the host device 110 includes a CPU 202 and that host device 110 may be implemented on sink device 102. [0087] discloses that aspects of the disclosed invention (e.g. CPU 202) may be implemented as a circuit or set of circuits. Thus, sink device 102 may comprise a processing circuit for implementing host device 110 and other functions of the sink device disclosed in the invention.) configured, and the Bluetooth communication method comprising, to:
establish a one-to-one connection with a Bluetooth communication assistant apparatus through the communication circuit (Fig 3 & [0029] disclose that sink device 102 may communicate with host device 110 through one channel 332. [0016]-[0017] discloses that host device 110 could use the Bluetooth LE wireless communication protocol and may implement or execute scan assistant 114 making host device 102 a Bluetooth communication assistant apparatus (herein after host device 110 will be interpreted as a Bluetooth communication assistant apparatus).);
perform an audio source scanning through the communication circuit and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning (Fig 3 & [0030]-[0031] disclose that sink device 102 performs a scanning process by advertising through broadcast scan delegator 112 so that sink device 102 can be discovered by broadcast scan assistant 114 that scans for audio sources. Sink device 102 listens for and receives (i.e. generates) device addresses 314 (i.e. audio source information) for one or more source devices that are found during audio source scanning through broadcast scan delegator 112 and broadcast scan assistant 114. [0017] discloses that source device 106 could use the Bluetooth LE wireless communication protocol (herein after source device 106 will be interpreted as a Bluetooth audio source apparatus) making the device addresses 314 Bluetooth device addresses (i.e. Bluetooth audio source information).), wherein the Bluetooth audio source apparatus is different from the Bluetooth communication assistant apparatus and the audio source information comprises identification information of the Bluetooth audio source apparatus (Fig 3 & [0028] discloses that source device 106 is different from host device 110. [0030] & [0033] disclose that the device addresses 314 received (i.e. generated) by broadcast scan delegator 112 from broadcast scan assistant 114 comprise device addresses for source devices (i.e. identification information) such as the source address for source device 106.);
receive a selection command generated in response to the audio source information from the Bluetooth communication assistant apparatus through the communication circuit to select the Bluetooth audio source apparatus as a selected Bluetooth audio source apparatus (Fig 3 & [0033] discloses that broadcast scan delegator 112 of sink device 102 receives a device address of a source device 106 based on a source selection 304 from broadcast scan assistant 114 that, in response to receiving the device address of the audio source device 106, triggers a switch to (i.e. generates a selection to) audio data 308 of source device 106.); and
receive audio data from the selected Bluetooth audio source apparatus through the communication circuit and playback the audio data (Fig 3 & [0033] disclose sink device 102 receives audio data 308 transmitted by the selected source device 106 over an isochronous stream 312 and plays audio data 308 through audio playback 320.).
Chen fails to disclose transmit the audio source information to the Bluetooth communication assistant apparatus through the communication circuit.
However, Kallai teaches transmit the audio source information to the Bluetooth communication assistant apparatus through the communication circuit (Fig 2A & 2B and col 8, lines 47-67 disclose a zone player 200 transmitting a picture associated with an audio source (i.e. audio source information) to a controller 240 (i.e. communication assistant apparatus) for display and to select and synchronize, from a plurality of audio sources, the audio sources to be played on different zone players. The communication between the zone player 200 and controller 240 is through an RF interface 216 based on an industry standard (e.g. Bluetooth).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a Bluetooth audio playback apparatus, and method for the Bluetooth audio playback apparatus, that generates audio source information according to a Bluetooth audio source apparatus, as disclosed by Chen, and transmits the audio source information to a Bluetooth communication assistant apparatus through the communication circuit, as taught by Kallai. The motivation to do so would be to have one or more Bluetooth sink devices or zone players, and a method for the one or more Bluetooth sink devices or zone players, that generate preferred audio source information, transmit the preferred audio source information to a host system or controller that can prioritize selection and synchronization to the preferred audio sources that are played on each sink device or zone player to optimize a multi-channel listening environment.
Regarding claim 2, Chen in view of Kallai disclose the Bluetooth audio playback apparatus of claim 1.
Chen discloses wherein the processing circuit is further configured to: find Bluetooth audio source apparatuses having a number of more than one during the audio source scanning through the communication circuit, wherein the audio source information comprises information of all the Bluetooth audio source apparatuses that are found during the audio source scanning (Fig 3 & [0030] disclose that scan delegator 112 of sink device 102 finds one or more Bluetooth audio apparatuses by communicating with broadcast scan assistant 114. [0016] discloses that scan assistant 114 scans for audio broadcast streams. Thus, a broadest reasonable interpretation is that all Bluetooth audio sources found by broadcast scan assistant 114 are communicated to scan delegator 112.), and the selection command selects one of the Bluetooth audio source apparatuses that are found during the audio source scanning as the selected Bluetooth audio source apparatus (Fig 3 & [0033] discloses that broadcast scan delegator 112 of sink device 102 receives a device address of a source device 106 (i.e. one of the sources 106 found during audio source scanning) based on a source selection 304 which indicates to sink device 102 to select source device 106 having the received device address as the source device for playback.).
Regarding claim 8, Chen in view of Kallai disclose the Bluetooth communication method of claim 7. Chen discloses further comprising: finding Bluetooth audio source apparatuses having a number of more than one during the audio source scanning, wherein the audio source information comprises information of all the Bluetooth audio source apparatuses that are found during the audio source scanning (Fig 3 & [0030] disclose that scan delegator 112 of sink device 102 finds one or more Bluetooth audio apparatuses by communicating with broadcast scan assistant 114. [0016] discloses that scan assistant 114 scans for audio broadcast streams. Thus, a broadest reasonable interpretation is that all Bluetooth audio sources found by broadcast scan assistant 114 are communicated to scan delegator 112.), and the selection command selects one of the Bluetooth audio source apparatuses that are found during the audio source scanning as the selected Bluetooth audio source apparatus (Fig 3 & [0033] discloses that broadcast scan delegator 112 of sink device 102 receives a device address of a source device 106 (i.e. one of the sources 106 found during audio source scanning) based on a source selection 304 which indicates to sink device 102 to select source device 106 having the received device address as the source device for playback.).
Regarding claim 10, Chen in view of Kallai disclose the Bluetooth communication method of claim 7. Chen discloses further comprising: actively performing the audio source scanning ([0016] discloses that scan assistant 114 actively scans for audio broadcast streams).
Claims 3, 4 & 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023018410)(herein after “Chen”) and further in view of Wilberding et al. (US 10354658)(herein after “Wilberding”).
Regarding claim 3, Chen in view of Kallai disclose the Bluetooth audio playback apparatus of claim 1.
Chen fails to discloses wherein the processing circuit is further configured to: receive a scan command from the Bluetooth communication assistant apparatus through the communication circuit and perform the audio source scanning according to the scan command.
However, Wilberding teaches wherein the processing circuit is further configured to: receive a scan command from the Bluetooth communication assistant apparatus through the communication circuit and perform the audio source scanning according to the scan command (Fig 5 & Col 14, lines 12-47 disclose a computing device 506 that transmits a playback command to Playback Devices 536 & 538. The playback command may be related to a music source selection. Col 11, lines 25-58 disclose that playback devices may be configured to retrieve audio content for playback, which may involve scanning for identifiable audio items shared over a network accessible by the playback devices. Col 12, lines 12-18 disclose that computing device 506 and playback devices 536 & 538 may establish communication through Bluetooth (i.e. computing device 506 is a Bluetooth communication assistant apparatus). Fig 2 & col 16, lines 3-48 disclose that each block in fig 2 of the playback device 200 may represent circuitry to perform the specific logical functions of the block disclosed. Thus, disclosed is a playback device that receives a scan command (i.e. playback command that causes the playback device to scan for an identifiable audio item) from a Bluetooth communication assistant apparatus (i.e. computing device 506) through a communication circuit (i.e. through communication circuitry in playback device 200) and performs the audio source scanning according to the scan command (i.e. playback device 506 scans for the audio item identified by the playback command from computing device 506).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth audio playback apparatus of claim 1, as disclosed by Chen in view of Kallai, wherein the processing circuit is further configured to: receive a scan command from the Bluetooth communication assistant apparatus through the communication circuit and perform the audio source scanning according to the scan command, as taught by Wilberding. The motivation to do so would be to have a Bluetooth playback device that can receive a command from a Bluetooth computing device, such as a mobile device with a visual user interface, to play a particular audio source (e.g. a song by a certain artist) and perform a scan to identify the particular audio source so that the Bluetooth playback device can find and play the particular audio source selected by the user.
Regarding claim 4, Chen in view of Kallai disclose the Bluetooth audio playback apparatus of claim 1. Chen fails to disclose wherein the processing circuit is further configured to: actively perform the audio source scanning through the communication circuit.
However Wilberding teaches wherein the processing circuit is further configured to: actively perform the audio source scanning through the communication circuit (Col 11, lines 25-58 disclose that playback devices may be configured to retrieve audio content for playback, which may involve scanning for identifiable audio items shared over a network accessible by the playback devices. Fig 2 & col 16, lines 3-48 disclose that each block in fig 2 of the playback device 200 may represent circuitry to perform the specific logical functions of the block disclosed.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth audio playback apparatus of claim 1, as disclosed by Chen in view of Kallai, wherein the processing circuit is further configured to: actively perform the audio source scanning through the communication circuit, as taught by Wilberding. The motivation to do so would be to have a Bluetooth playback device that can perform a scan to identify a particular audio source (e.g. a song bay a certain artist) so that the Bluetooth playback device is capable of finding the particular audio source in case the playback device receives a command to play the particular audio source.
Regarding claim 9, Chen in view of Kallai disclose the Bluetooth communication method of claim 7. Chen fails to disclose further comprising: receiving a scan command from the Bluetooth communication assistant apparatus and performing the audio source scanning according to the scan command.
However, Wilberding teaches further comprising: receiving a scan command from the Bluetooth communication assistant apparatus and performing the audio source scanning according to the scan command (Fig 5 & Col 14, lines 12-47 disclose a computing device 506 that transmits a playback command to Playback Devices 536 & 538. The playback command may be related to a music source selection. Col 11, lines 25-58 disclose that playback devices may be configured to retrieve audio content for playback, which may involve scanning for identifiable audio items shared over a network accessible by the playback devices. Col 12, lines 12-18 disclose that computing device 506 and playback devices 536 & 538 may establish communication through Bluetooth (i.e. computing device 506 is a Bluetooth communication assistant apparatus). Fig 2 & col 16, lines 3-48 disclose that each block in fig 2 of the playback device 200 may represent circuitry to perform the specific logical functions of the block disclosed. Thus, disclosed is a playback device that receives a scan command (i.e. playback command that causes the playback device to scan for an identifiable audio item) from a Bluetooth communication assistant apparatus (i.e. computing device 506) and performs the audio source scanning according to the scan command (i.e. playback device 506 scans for the audio item identified by the playback command from computing device 506).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth communication method of claim 7, as disclosed by Chen in view of Kallai, further comprising: receiving a scan command from the Bluetooth communication assistant apparatus and performing the audio source scanning according to the scan command, as taught by Wilberding. The motivation to do so would be to have a method where a Bluetooth playback device can receive a command from a Bluetooth computing device, such as a mobile device with a visual user interface, to play a particular audio source (e.g. a song by a certain artist) and perform a scan to identify the particular audio source so that the Bluetooth playback device can find and play the particular audio source selected by the user.
Claims 5 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023018410)(herein after “Chen”) and further in view of Banerjea et al. (US 2017/0230810)(herein after “Banerjea”).
Regarding claim 5, Chen in view of Kallai disclose the Bluetooth audio playback apparatus of claim 1. Chen discloses wherein the processing circuit is further configured to: establish the one-to-one connection with the Bluetooth communication assistant apparatus through the communication circuit (Fig 3 & [0029] disclose that sink device 102 may communicate with host device 110 through one channel 332. [0016]-[0017] discloses that host device 110 could use the Bluetooth LE wireless communication protocol and may implement or execute scan assistant 114 making host device 102 a Bluetooth communication assistant apparatus.).
Chen fails to disclose using Generic Attribute Profile (GATT) protocol, Serial Port Profile (SPP) protocol, Radio frequency communication (RFCOMM) protocol, Logical Link Control and Adaptation Protocol (L2CAP), Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport (BR/EDR ACL) protocol or Low Energy ACL (LE ACL) protocol.
However, Banerjea teaches using Generic Attribute Profile (GATT) protocol, Serial Port Profile (SPP) protocol, Radio frequency communication (RFCOMM) protocol, Logical Link Control and Adaptation Protocol (L2CAP), Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport (BR/EDR ACL) protocol or Low Energy ACL (LE ACL) protocol (Fig 3 & [0022] disclose that a Bluetooth protocol stack comprises GATT, SPP, RFCOMM and L2CAP.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth audio playback apparatus of claim 1, wherein the processing circuit is further configured to: establish the one-to-one connection with the Bluetooth communication assistant apparatus through the communication circuit, as disclosed by Chen in view of Kallai, using Generic Attribute Profile (GATT) protocol, Serial Port Profile (SPP) protocol, Radio frequency communication (RFCOMM) protocol, Logical Link Control and Adaptation Protocol (L2CAP), Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport (BR/EDR ACL) protocol or Low Energy ACL (LE ACL) protocol, as taught by Banerjea. The motivation to do so would be to have a sink device or playback apparatus that can communicate with a host device or communication assistant apparatus using standards defined Bluetooth protocols and protocol stacks like GATT, SPP, RFCOMM and L2CAP so that the sink devices or play back apparatuses made by one vendor can interoperate with the host devices or communication assistant apparatuses made by a different vendor.
Regarding claim 11, Chen in view of Kallai disclose the Bluetooth communication method of claim 7.
Chen discloses further comprising: establishing the one-to-one connection with the Bluetooth communication assistant apparatus (Fig 3 & [0029] disclose that sink device 102 may communicate with host device 110 through one channel 332. [0016]-[0017] discloses that host device 110 could use the Bluetooth LE wireless communication protocol and may implement or execute scan assistant 114 making host device 102 a Bluetooth communication assistant apparatus.).
Chen fails to disclose using Generic Attribute Profile protocol, Serial Port Profile protocol, Radio frequency communication protocol, Logical Link Control and Adaptation Protocol, Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport protocol or Low Energy ACL protocol.
However, Banerjea teaches using Generic Attribute Profile protocol, Serial Port Profile protocol, Radio frequency communication protocol, Logical Link Control and Adaptation Protocol, Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport protocol or Low Energy ACL protocol. (Fig 3 & [0022] disclose that a Bluetooth protocol stack comprises GATT, SPP, RFCOMM and L2CAP.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth communication method of claim 7, further comprising: establishing the one-to-one connection with the Bluetooth communication assistant apparatus, as disclosed by Chen in view of Kallai, using Generic Attribute Profile (GATT) protocol, Serial Port Profile (SPP) protocol, Radio frequency communication (RFCOMM) protocol, Logical Link Control and Adaptation Protocol (L2CAP), Basic Rate/Enhanced Data Rate Asynchronous Connection-Oriented Logical Transport (BR/EDR ACL) protocol or Low Energy ACL (LE ACL) protocol, as taught by Banerjea. The motivation to do so would be to have a method for a sink device or playback apparatus that can communicate with a host device or communication assistant apparatus to use standards defined Bluetooth protocols and protocol stacks like GATT, SPP, RFCOMM and L2CAP so that the sink devices or play back apparatuses made by one vendor can interoperate with the host devices or communication assistant apparatuses made by a different vendor.
Claims 6 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2023018410)(herein after “Chen”) and further in view of D’Amato et al. (US 11038937)(herein after “D’Amato”).
Regarding claim 6, Chen in view of Kallai disclose the Bluetooth audio playback apparatus of claim 1. Chen fails to disclose wherein the processing circuit is further configured to: receive at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus through the communication circuit to perform the audio source scanning.
However, D’Amato teaches wherein the processing circuit is further configured to: receive at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus through the communication circuit to perform the audio source scanning (Col 33, lines 23-46 disclose a playback device that receives from a group coordinator clock timing advertisements using Bluetooth Low Energy (BLE LE) advertising (i.e. extended advertising) or BLE LE periodic advertising. Col 32, lines 7-21 disclose that the timing information may be sent in the header of the BLE LE periodic advertising or the BLE LE (i.e. extended) advertising packets. Col 3, lines 3-4 disclose that the group coordinator obtains audio content for playback on playback devices making the group coordinator a Bluetooth audio source apparatus for the playback devices.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth audio playback apparatus of claim 1, as disclosed by Chen in view of Kallai, wherein the processing circuit is further configured to: receive at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus through the communication circuit to perform the audio source scanning, as taught by D’Amato. The motivation to do so would be to have a sink device or playback apparatus that can receive Bluetooth LE periodic or extended advertising packets from a group coordinator or audio source apparatus so that the group coordinator or audio source apparatus can become discoverable by the sink device or playback apparatus for future sending of audio and timing information to the sink device or playback apparatus.
Regarding claim 12. Chen in view of Kallai disclose the Bluetooth communication method of claim 7. Chen fails to disclose further comprising: receiving at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus to perform the audio source scanning.
However, D’Amato teaches further comprising: receiving at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus to perform the audio source scanning. (Col 33, lines 23-46 disclose a playback device that receives from a group coordinator clock timing advertisements using Bluetooth Low Energy (BLE LE) advertising (i.e. extended advertising) or BLE LE periodic advertising. Col 32, lines 7-21 disclose that the timing information may be sent in the header of the BLE LE periodic advertising or the BLE LE (i.e. extended) advertising packets. Col 3, lines 3-4 disclose that the group coordinator obtains audio content for playback on playback devices making the group coordinator a Bluetooth audio source apparatus for the playback devices.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the Bluetooth communication method of claim 7, as disclosed by Chen in view of Kallai, wherein the processing circuit is further configured to: receive at least one of a periodic advertising packet and an extended advertising packet transmitted by the Bluetooth audio source apparatus through the communication circuit to perform the audio source scanning, as taught by D’Amato. The motivation to do so would be to have a method for a sink device or playback apparatus to receive Bluetooth LE periodic or extended advertising packets from a group coordinator or audio source apparatus so that the group coordinator or audio source apparatus can become discoverable by the sink device or playback apparatus for future sending of audio and timing information to the sink device or playback apparatus.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hsieh et al. (US 9794393) discloses a Bluetooth Audio Packet Sharing Method.
Bao et al. (WO 2023246045) discloses a Device Connection Method and Apparatus, Audio Playing Device and Apparatus, and Storage Medium.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST.
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, Nishant Divecha can be reached at 571-270-3125. 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.
/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419