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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/28/2026 has been entered.
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 & 7 have been amended.
Rejections of claims 1-12 under 35 USC 103 made in the prior record Final Rejection dated 2/5/2026 have been withdrawn based on amendments to claims 1 & 7, but new grounds of rejections under 35 USC 103 have been made to these claims based on new references Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and Dong et al. (WO 2022/087794)(herein after “Dong”).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 4/28/2026, with respect to the rejections of claims 1-12 under 35 USC 103 made in the prior record Final Rejection dated 2/5/2026 have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, new grounds of rejections are made in view of new references Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and Dong et al. (WO 2022/087794)(herein after “Dong”).
Regarding claim 1, applicant submits that amendments to this claim traverse the 35 USC 103 rejection of this claim made in the prior record Final Rejection dated 2/5/2026 because Chen in view of Kallai fail to disclose or teach all of the limitations of amended claim 1. Examiner agrees and withdraws rejection of claim 1 under 35 USC 103 made in the prior record Final Rejection dated 2/5/2026. However, upon further consideration, a new ground of rejection of claim 1 is made under 35 USC 103 in view of new references Hunn and Dong. Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding claim 7, applicant submits that this claim traverses the rejection of this claim under 35 USC 103 made in the Final Rejection dated 2/5/2026 due to similar amendments and arguments as made for claim 1. Examiner agrees and withdraws rejection of claim 7 under 35 USC 103 made in the Final Rejection dated 2/5/2026. However, for the same reasons as discussed above, examiner introduces a new ground of rejection of claim 7 under 35 USC 103 based on new references Hunn and Dong.
Regarding claims 2-6 & 8-12, applicant submits that these claims traverse the rejections of these claims under 35 USC 103 made in the Final Rejection dated 2/5/2026 due to amendments and arguments made for claims 1 & 7 and due to their dependency on claims 1 or 7. Examiner agrees and withdraws rejections of claims 2-6 & 8-12 under 35 USC 103 made in the Final Rejection dated 2/5/2026. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of claims 2-6 & 8-12 under 35 USC 103 based on new reference Hunn and Dong.
Claim Interpretation
Claims 5 & 11 in the present application recite Markush groups in the format of “using 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.
Claims 6 & 12 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, C, A&B, A&C, B&C, or A&B&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”) in view of Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and further in view of Dong et al. (WO 2022/087794)(herein after “Dong”).
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 to find a Bluetooth audio source apparatus 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 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 but Hunn teaches wherein the performing of audio source scanning is without an aid of other apparatuses that include the Bluetooth communication assistant apparatus (Page 211, Section 8.3 discloses that a Broadcast Sink device can act as an Acceptor device by itself (i.e. without the aid of a Broadcast Assistant) and perform scanning using an Observation Procedure to find advertisements.).
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 a Bluetooth audio playback apparatus, that can perform an audio source scanning through the communication circuit to find a Bluetooth audio source apparatus and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning, as disclosed by Chen, wherein the performing of audio source scanning is without an aid of other apparatuses that include the Bluetooth communication assistant apparatus, as disclosed by Hunn. The motivation to do so would have been to have a Bluetooth sink device, such as a wireless headset, that can scan for audio sources without the aid of another apparatus including a Bluetooth assistant device, so that audio sources can be selected directly from buttons on the headset without the need for another selection device.
Chen fails to disclose but Dong further teaches transmit the audio source information generated after the audio source scanning to the Bluetooth communication assistant apparatus through the communication circuit (Figs 1 & 3 and [0035], [0044]-[0046] discloses that after audio source scanning and establishment of synchronization between a Broadcast Sink (i.e. a broadcast audio receiver) and a Broadcast Source (i.e. a target sending device), the receiving device may lose broadcast synchronization with the target sending device and send a first request message to an auxiliary device that may be a broadcast assistant. [0065] discloses that the first request message may include an address type of the target sending device (Source_Address_Type), the address of the target sending device (Source_Address) and an advertisement set identifier (Advertising_SID) identifying the target sending device and at least one broadcast instance of the target sending device.); and
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 ([0060]-[0061] discloses that the receiving device may receive broadcast synchronization information from the auxiliary device corresponding to a set identifier (i.e. a selection command for the receiver device to establish synchronization with the target sending device).).
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 a Bluetooth audio playback apparatus, that can perform an audio source scanning through the communication circuit, without an aid of other apparatuses that include the Bluetooth communication assistant apparatus, to find a Bluetooth audio source apparatus and generate audio source information according to a Bluetooth audio source apparatus that is found during the audio source scanning; and receive audio data from the selected Bluetooth audio source apparatus through the communication circuit and playback the audio data, as disclosed by Chen in view of Hunn, and transmit the audio source information generated after the audio source scanning to the Bluetooth communication assistant apparatus through the communication circuit; and 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, as further taught by Dong. The motivation to do so would have been to have a Bluetooth sink device, such as a wireless headset, that can scan for a Bluetooth audio source device without the aid of another apparatus including a Bluetooth assistant device, and establish synchronization with, and receive audio data from, the audio source device found during scanning, but subsequently loses synchronization with the audio source device due to the wireless headset moving away from the audio source device, resulting in the wireless headset sending a request message to a Bluetooth assistant device, which may be in better range with the audio source device and the wireless headset, wherein the request message includes source address type, source address and advertising SID for the audio source device so that the Bluetooth assistant may assist the wireless headset in re-selecting and re-establishing synchronization and data communication with the audio source device by relaying broadcast synchronization information from the audio source device to the wireless headset.
Regarding claim 2, Chen in view of Hunn and Dong 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 Hunn and Dong 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 Hunn and Dong 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”) in view of Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and Dong et al. (WO 2022/087794)(herein after “Dong”), as applied to claims 1 & 7, and further in view and further in view of Wilberding et al. (US 10354658)(herein after “Wilberding”).
Regarding claim 3, Chen in view of Hunn and Dong 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 Hunn and Dong, 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 Hunn and Dong 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 Hunn and Dong, 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 Hunn and Dong 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 Hunn and Dong, 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”) in view of Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and Dong et al. (WO 2022/087794)(herein after “Dong”), as applied to claims 1 & 7, and further in view of Banerjea et al. (US 2017/0230810)(herein after “Banerjea”).
Regarding claim 5, Chen in view of Hunn and Dong 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 Hunn and Dong, 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 Hunn and Dong 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 Hunn and Dong, 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”) in view of Hunn et al. (Nick Hunn, “Introducing Bluetooth LE Audio”, January 2022)(herein after “Hunn”) and Dong et al. (WO 2022/087794)(herein after “Dong”), as applied to claims 1 & 7, and further in view of D’Amato et al. (US 11038937)(herein after “D’Amato”).
Regarding claim 6, Chen in view of Hunn and Dong 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 Hunn and Dong, 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 Hunn and Dong 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 Hunn and Dong, 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:
Ren et al. (WO 2023/020439) discloses a Bluetooth Audio Receiving Method and Apparatus, Terminal and Storage Medium.
Song et al. (CN 111132111) discloses a Based BLE of Audio Sharing Method, System and Computer Readable Storage Medium.
Kihm et al. (US 2014/0321662) discloses a User-Programmable, Head-Supportable Listening Device with WiFi Media Player.
Hsieh et al. (US 9794393) discloses a Bluetooth Audio Packet Sharing Method.
Bao et al. (WO 2023/246045) discloses a Device Connection Method and Apparatus, Audio Playing Device and Apparatus, and Storage Medium.
Li et al (US 10236016) discloses Peripheral-Based Selection of Audio Sources.
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
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