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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/23/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1, 2, 4, 5, 7-12, 14-18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burns et al. (US 2022/0361264 A1).
Regarding claim 1, Burns et al. (figure 1) disclose a device (BT Device 40) for improving proximate device control, the device comprising: one or more processors; and one or more memories storing instructions thereon that, when executed by the one or more processors (paragraphs [0032]-[0034], “Example Bluetooth-enabled source devices (e.g., additional devices 30, 40), include, but are not limited to, a smartphone, a tablet computer, a personal computer, a laptop computer, a notebook computer, a netbook computer, a radio, an audio system (e.g., portable and/or fixed), an Internet Protocol (IP) phone, a communication system, an entertainment system, a headset, a smart speaker, a piece of exercise and/or fitness equipment, a portable media player, an audio storage and/or playback system, and so forth”, “In particular cases, memory stores: a microcode of a program for processing and controlling the controller 50 and a variety of reference data; data generated during execution of any of the variety of programs performed by the controller 50; a Bluetooth connection process; and/or various updateable data for safekeeping such as paired device data, connection data, device contact information, etc.” and “In certain cases, the controller 50 can include one or more microcontrollers or processors having a digital signal processor (DSP)”), are configured to cause the device to: receive a signal from a proximate device (BT Device 20) when the proximate device satisfies a distance threshold, the signal including a dataset corresponding to the proximate device, and the proximate device having a primary connection to a primary device (BT Device 30; figures 1 and 3) (paragraph [0033], “In particular cases, memory stores: a microcode of a program for processing and controlling the controller 50 and a variety of reference data; data generated during execution of any of the variety of programs performed by the controller 50; a Bluetooth connection process; and/or various updateable data for safekeeping such as paired device data, connection data, device contact information, etc.”; paragraph [0045], “In the example illustrated in FIGS. 1 and 2, the controller 50 attempts to determine the RSSI of BT device 30 due to its highest priority on the paired device list 110. In various implementations, the controller 50 at BT device 20 initiates a signal via the BT module 70 to send data packets to the BT module 70a at BT device 30, and receives a return signal indicating a power at which those data packets are received (e.g., as a percentage of the power of the transmitted data packets)”; paragraphs [0051]-[0052], “Returning to FIG. 3, with reference to Decision D2, if the controller 50 receives an RSSI from BT device 30 (Yes to D2), the controller 50 compares that RSSI with a threshold in Decision D4. As noted herein, the controller 50 can use an average, median or some other mathematically significant determination of the RSSI to assess the proximity of BT device 20 and the additional BT device 40. In certain implementations, the threshold is indicative of an approximate proximity between devices, e.g., based on known minimum RSSI from certain types of devices. In some examples, the threshold is indicative of a proximity between devices, and can be particularly indicative of relative proximity between BT device 20 and two or more additional devices (e.g., BT device 30, BT device 40, etc.). In some cases, known minimum RSSI can vary based on the BT module 70a, 70b, etc. in a given device, the device type (e.g., smart phone v. speaker), device usages (e.g., higher power usage v. lower power usage), environmental factors such as obstacles, antenna types, orientation, environmental reflection and absorption of the signal, product exterior material(s), etc. In certain cases, the threshold can be set to be indicative of an approximate proximity between BT devices, e.g., of an approximate distance such as several feet or more, with consideration for the above-noted factors impacting RSSI. In any case, the threshold can be set at a percentage or range of percentages (of the transmitted signal strength), a fixed value or range of values (e.g., in arbitrary units, or power level (dBm)), or a variable value or range of values (e.g., differing based on known signal strength conditions of the additional BT devices 30, 40, and/or known conditions about the environment). In various implementations, whether an RSSI value satisfies a given threshold is used as an indicator of confidence that the first (e.g., sink) BT device 20 is in close enough proximity to the additional (e.g., source) BT device 30, 40, etc., to infer a desire to connect to that first BT device 20. The RSSI value can be used as a threshold in order to infer the desire to connect, and/or as a mechanism to choose between multiple BT devices that could be the desired connection device. That is, in still further implementations described with reference to FIG. 4, RSSI can be used to choose between connection with additional BT devices 30, 40, etc., as an indicator of likely relative proximity to BT device 20”, the RSSI threshold may include a distance component in a connection data between device, which may be used to determine if the first BT device 20 needs to establish a second connection to BT device 40, where BT device 40 takes over control from the BT device 30), analyze the dataset to determine whether the proximate device (BT Device 20) requires control, and in response to determining that the proximate device requires control, establish a secondary connection to the proximate device (paragraph [0052], “In various implementations, whether an RSSI value satisfies a given threshold is used as an indicator of confidence that the first (e.g., sink) BT device 20 is in close enough proximity to the additional (e.g., source) BT device 30, 40, etc., to infer a desire to connect to that first BT device 20. The RSSI value can be used as a threshold in order to infer the desire to connect, and/or as a mechanism to choose between multiple BT devices that could be the desired connection device”, paragraph [0057], “Returning to FIG. 3, in response to determining that the RSSI for the additional BT device (e.g., BT device 30) satisfies the threshold (Yes to D4), the approach proceeds to process P3: attempting to establish a BT connection between the first BT device 20 and the additional BT device (e.g., BT device 30). This process can include establishing a (classic) BT connection for required services (e.g., audio and others). Based on the current operating state (e.g., active call, music playback, etc.) of the additional BT device, the additional BT device can start transmitting data over this new BT connection”, the RSSI threshold may include a distance component in a connection data between device, which may be used to determine if the first BT device 20 needs to establish a second connection to BT device 40, where BT device 40 takes over control from the BT device 30).
As to claim 2, Burns et al. disclose the device of claim 1, wherein the secondary connection comprises at least one of: (i) an instant direct connection to the proximate device via a Bluetooth Low Energy (BLE) protocol having a first transmission size limit or (ii) a fast file transfer channel having a second transmission size limit (paragraph [0035], “The communication unit 60 can include the BT module 70 configured to employ a wireless communication protocol such as Bluetooth, along with additional network interface(s) such as those employing one or more additional wireless communication protocols such as IEEE 802.11, Bluetooth Low Energy, or other local area network (LAN) or personal area network (PAN) protocols such as WiFi. In particular implementations, communication unit 60 is particularly suited to communicate with other communication units 60 in BT devices 30, 40 via Bluetooth”, paragraph [0039], “In general, the Bluetooth module(s) 70, 70a, 70b include Bluetooth radios and additional circuitry. More specifically, the Bluetooth module 70 of the BT device 20 and the Bluetooth modules 70a, b of the BT devices 30, 40, etc. include both a Bluetooth radio and a Bluetooth LE (BLE) radio. In various implementations, presence of a BLE radio in the Bluetooth module 70 is optional. That is, as noted herein, various implementations utilize only a (classic) Bluetooth radio for connection functions. In implementations including a BLE radio, the Bluetooth radio and the BLE radio are typically on the same integrated circuit (IC) and share a single antenna, while in other implementations the Bluetooth radio and BLE radio are implemented as two separate ICs sharing a single antenna or as two separate ICs with two separate antennae. The Bluetooth specification, i.e., Bluetooth 5.2: Low Energy, provides the BT device 20 with forty channels on 2 MHz spacing. The forty channels are labeled 0 through 39, which include 3 advertising channels and 37 data channels. The channels labeled as 37, 38 and 39 are designated as advertising channels in the Bluetooth specification while the remaining channels 0-36 are designated as data channels in the Bluetooth specification”, BLE version 5.2 has a maximum packet size around 255 bytes).
As to claim 4, Burns et al. disclose the device of claim 1, wherein the instructions, when executed by the one or more processors, further cause the device (BT device 40) to: transmit a control instruction to the proximate device across the secondary connection to control the proximate device based on the dataset corresponding to the proximate device (paragraph [0032], “Example Bluetooth-enabled source devices (e.g., additional devices 30, 40), include, but are not limited to, a smartphone, a tablet computer, a personal computer, a laptop computer, a notebook computer, a netbook computer, a radio, an audio system (e.g., portable and/or fixed), an Internet Protocol (IP) phone, a communication system, an entertainment system, a headset, a smart speaker, a piece of exercise and/or fitness equipment, a portable media player, an audio storage and/or playback system, and so forth”, paragraph [0034], “The controller(s) 50 may be implemented as a chipset of chips that include separate and multiple analog and digital processors. The controller 50 may provide, for example, for coordination of other components of the BT device 20, such as control of user interfaces (not shown) and applications run by the BT device 20. In various implementations, controller 50 includes a BT connection control module (or modules), which can include software and/or hardware for performing BT connection control processes described herein. For example, controller 50 can include a BT connection control module in the form of a software stack having instructions for controlling functions in BT device connection (e.g., between BT device 20 and additional BT devices 30, 40, etc.) according to any implementation described herein”, and paragraph [0038], “The additional BT devices 30, 40, etc. can include a controller 50a, 60b and communication unit 60a, 60b having a BT module 70a, 70b, enabling BT communication between BT device 20 and additional BT devices 30, 40. Additional BT devices 30, 40 can include one or more components described with reference to BT device 20, each of which is illustrated in phantom as optional in certain implementations”, when BT device 40 takes over control of BT device 20 using the second connection, then BT device 40 can provide control instructions such as using a smartphone (BT device 40) to control/ change the volume of an audio speaker (BT device 20)).
As to claim 5, Burns et al. disclose the device of claim 1, wherein the instructions, when executed by the one or more processors, further cause the device (BT device 40) to: receive a plurality of signals from a plurality of proximate devices when each respective proximate device satisfies the distance threshold, each respective signal of the plurality of signals including a respective dataset corresponding to the respective proximate device (figure 2 shows a plurality of BT devices (X, Y, Z) that may be sink (proximate) device such as BT device 20, that may send data signals to BT device 40 for determining distance proximity; paragraph [0032], “In the example illustrated in FIG. 1, first BT device 20 is a BT sink device (otherwise referred to as an “output device”, “destination device”, or “peripheral device”), and additional BT devices 30, 40 are BT source devices (otherwise referred to as “input device”, or “host device”). Example Bluetooth-enabled source devices (e.g., additional devices 30, 40), include, but are not limited to, a smartphone, a tablet computer, a personal computer, a laptop computer, a notebook computer, a netbook computer, a radio, an audio system (e.g., portable and/or fixed), an Internet Protocol (IP) phone, a communication system, an entertainment system, a headset, a smart speaker, a piece of exercise and/or fitness equipment, a portable media player, an audio storage and/or playback system, and so forth. Example Bluetooth-enabled sink devices (e.g., first BT device 20) include, but are not limited to, a headphone, a headset, an audio speaker (e.g., portable and/or fixed, with or without “smart” device capabilities), an entertainment system, a communication system, a smartphone, a vehicle audio system, a piece of exercise and/or fitness equipment, an out-loud (or, open-air) audio device, a wearable private audio device, and so forth. Additional BT devices can include a portable game player, a portable media player, an audio gateway, a BT gateway device (for bridging BT connection between other BT-enabled devices), an audio/video (A/V) receiver as part of a home entertainment or home theater system, etc. A Bluetooth-enabled device as described herein may change its role from source to sink or sink to source depending on a specific application”, paragraph [0042], “With reference to FIGS. 1 and 2, according to various implementations, the controller 50 in BT device 20 is configured to enable proximity-based connection with BT devices on the paired device list 110, e.g., BT device 30, BT device 40, BT device X, etc.”; paragraph [0046], “In the case that the current highest-priority BT device (e.g., BT device 30) is connected with the first BT device 20, the controller 50 is configured to re-prioritize the list 110 such that BT device 30 is deprioritized (e.g., moving below BT device 40, BT device X, etc. in the list 110). In these cases, the controller 50 infers that the trigger is not an attempt to connect already connected, powered-on devices”; paragraph [0051], “In some examples, the threshold is indicative of a proximity between devices, and can be particularly indicative of relative proximity between BT device 20 and two or more additional devices (e.g., BT device 30, BT device 40, etc.). In some cases, known minimum RSSI can vary based on the BT module 70a, 70b, etc. in a given device, the device type (e.g., smart phone v. speaker), device usages (e.g., higher power usage v. lower power usage), environmental factors such as obstacles, antenna types, orientation, environmental reflection and absorption of the signal, product exterior material(s), etc. In certain cases, the threshold can be set to be indicative of an approximate proximity between BT devices, e.g., of an approximate distance such as several feet or more, with consideration for the above-noted factors impacting RSSI”; and paragraph [0054], “Further, it is understood that while multiple BT devices (e.g., BT device 30, BT device 40, BT device X, etc., FIG. 2) may be within BT range to connect to BT device 20, not all such devices will necessarily satisfy the RSSI threshold. That is, use of the RSSI threshold can narrow the list of previously connected BT devices currently within BT range to those with a greater likelihood of being the desired device for connection. As such, the RSSI-based approaches described according to various implementations can introduce proximity into the BT connection determination, enhancing the user experience. These approaches can be particularly useful in enhancing the user experience where multiple different previously-paired BT devices are within range of one another (e.g., multiple different sink devices within BT range of a source device)), analyze each respective dataset to determine a set of proximate devices from the plurality of proximate devices (X,Y, Z) requiring substantially similar control, substantially simultaneously establish a respective secondary connection to each proximate device of the set of proximate devices, and transmit a control instruction to each proximate device of the set of proximate devices across the respective secondary connections to control each proximate device of the set of proximate devices (paragraph [0033], “In particular cases, memory stores: a microcode of a program for processing and controlling the controller 50 and a variety of reference data; data generated during execution of any of the variety of programs performed by the controller 50; a Bluetooth connection process; and/or various updateable data for safekeeping such as paired device data, connection data, device contact information, etc.”; paragraph [0045], “In the example illustrated in FIGS. 1 and 2, the controller 50 attempts to determine the RSSI of BT device 30 due to its highest priority on the paired device list 110. In various implementations, the controller 50 at BT device 20 initiates a signal via the BT module 70 to send data packets to the BT module 70a at BT device 30, and receives a return signal indicating a power at which those data packets are received (e.g., as a percentage of the power of the transmitted data packets)”; paragraphs [0051]-[0052], “Returning to FIG. 3, with reference to Decision D2, if the controller 50 receives an RSSI from BT device 30 (Yes to D2), the controller 50 compares that RSSI with a threshold in Decision D4. As noted herein, the controller 50 can use an average, median or some other mathematically significant determination of the RSSI to assess the proximity of BT device 20 and the additional BT device 40. In certain implementations, the threshold is indicative of an approximate proximity between devices, e.g., based on known minimum RSSI from certain types of devices. In some examples, the threshold is indicative of a proximity between devices, and can be particularly indicative of relative proximity between BT device 20 and two or more additional devices (e.g., BT device 30, BT device 40, etc.). In some cases, known minimum RSSI can vary based on the BT module 70a, 70b, etc. in a given device, the device type (e.g., smart phone v. speaker), device usages (e.g., higher power usage v. lower power usage), environmental factors such as obstacles, antenna types, orientation, environmental reflection and absorption of the signal, product exterior material(s), etc. In certain cases, the threshold can be set to be indicative of an approximate proximity between BT devices, e.g., of an approximate distance such as several feet or more, with consideration for the above-noted factors impacting RSSI. In any case, the threshold can be set at a percentage or range of percentages (of the transmitted signal strength), a fixed value or range of values (e.g., in arbitrary units, or power level (dBm)), or a variable value or range of values (e.g., differing based on known signal strength conditions of the additional BT devices 30, 40, and/or known conditions about the environment). In various implementations, whether an RSSI value satisfies a given threshold is used as an indicator of confidence that the first (e.g., sink) BT device 20 is in close enough proximity to the additional (e.g., source) BT device 30, 40, etc., to infer a desire to connect to that first BT device 20. The RSSI value can be used as a threshold in order to infer the desire to connect, and/or as a mechanism to choose between multiple BT devices that could be the desired connection device”; paragraph [0054], “Further, it is understood that while multiple BT devices (e.g., BT device 30, BT device 40, BT device X, etc., FIG. 2) may be within BT range to connect to BT device 20, not all such devices will necessarily satisfy the RSSI threshold. That is, use of the RSSI threshold can narrow the list of previously connected BT devices currently within BT range to those with a greater likelihood of being the desired device for connection. As such, the RSSI-based approaches described according to various implementations can introduce proximity into the BT connection determination, enhancing the user experience. These approaches can be particularly useful in enhancing the user experience where multiple different previously-paired BT devices are within range of one another (e.g., multiple different sink devices within BT range of a source device)”; and paragraph [0057], “Returning to FIG. 3, in response to determining that the RSSI for the additional BT device (e.g., BT device 30) satisfies the threshold (Yes to D4), the approach proceeds to process P3: attempting to establish a BT connection between the first BT device 20 and the additional BT device (e.g., BT device 30). This process can include establishing a (classic) BT connection for required services (e.g., audio and others). Based on the current operating state (e.g., active call, music playback, etc.) of the additional BT device, the additional BT device can start transmitting data over this new BT connection”, the RSSI threshold may include a distance component in a connection data between devices, which may be used to determine if the one of the BT devices X,Y,Z needs to establish a secondary connection to BT device 40, where BT device 40 takes over control from the BT device 30; if BT device 40 takes over control of BT device using the secondary connection, then BT device 40 can provide control instructions such as using a smartphone (BT device 40) to control/change the volume on an audio speaker (BT device X, Y, Z)).
As to claim 7, Burns et al. disclose the device of claim 1, wherein the proximate device (BT device 20) is configured to transmit a first dataset across the primary connection to the primary device, and at least a portion of the first dataset is not included in the signal transmitted from the proximate device (paragraph [0036], “As noted herein, controller 50 controls the general operation of the Bluetooth-enabled device 20. For example, the controller 50 performs a process and control for audio and data communication. In addition to the general operation, the controller 50 initiates a Bluetooth function implemented in the Bluetooth module 70 upon detecting certain triggers (or, events), described herein. The controller 50 initiates an operation (e.g., connection) between BT device 20 and additional BT devices 30, 40, if specific conditions are satisfied”; paragraph [0044], “ In particular examples, mechanically actuating the first BT device 20 can include: opening a case housing the first BT device 20 (e.g., a headphone case, earbud case, audio eyeglasses case, etc.); and/or unpacking, opening or otherwise mechanically manipulating the first BT device 20 (e.g., opening a set of headphones or audio eyeglasses so as to prepare to don the device, moving an arm or mounting structure on a wearable audio device, positioning a speaker for resting on a surface, stepping onto or otherwise mounting a piece of exercise equipment, opening the door of a vehicle, triggering startup in a vehicle, etc.). In certain cases, receiving an input from the additional BT device (e.g., BT device 30) includes receiving BLE data indicating that the additional BT device (e.g., BT device 30) has moved into range of first BT device 20, or that BT was recently turned on at the additional BT device (e.g., BT device 30, or that the additional BT device (e.g., BT device 30) entered pairing mode, etc.”; paragraph [0051], “Returning to FIG. 3, with reference to Decision D2, if the controller 50 receives an RSSI from BT device 30 (Yes to D2), the controller 50 compares that RSSI with a threshold in Decision D4. As noted herein, the controller 50 can use an average, median or some other mathematically significant determination of the RSSI to assess the proximity of BT device 20 and the additional BT device 40. In certain implementations, the threshold is indicative of an approximate proximity between devices, e.g., based on known minimum RSSI from certain types of devices. In some examples, the threshold is indicative of a proximity between devices, and can be particularly indicative of relative proximity between BT device 20 and two or more additional devices (e.g., BT device 30, BT device 40, etc.). In some cases, known minimum RSSI can vary based on the BT module 70a, 70b, etc. in a given device, the device type (e.g., smart phone v. speaker), device usages (e.g., higher power usage v. lower power usage), environmental factors such as obstacles, antenna types, orientation, environmental reflection and absorption of the signal, product exterior material(s), etc. In certain cases, the threshold can be set to be indicative of an approximate proximity between BT devices, e.g., of an approximate distance such as several feet or more, with consideration for the above-noted factors impacting RSSI. In any case, the threshold can be set at a percentage or range of percentages (of the transmitted signal strength), a fixed value or range of values (e.g., in arbitrary units, or power level (dBm)), or a variable value or range of values (e.g., differing based on known signal strength conditions of the additional BT devices 30, 40, and/or known conditions about the environment)”, the data sent from he first BT device 20 to BT device 30 when connected may be data that is used directly between the two devices, such as audio data or location data, and data from this connection is different and would not be part of the data that is transmitted from the first BT device 20 to BT device 40 when a request for RSSI and distance value is made).
As to claim 8, Burns et al. disclose the device of claim 1, wherein the control includes one or more of: (i) tracking a location of the proximate device, (ii) defining a geofence for the proximate device, (iii) querying attribute information or statistical information of the proximate device, (iv) retrieving a log file of the proximate device, (v) configuring a setting of the proximate device, (vi) updating firmware of the proximate device, and (vii) activating a function of the proximate device (paragraph [0032], “Example Bluetooth-enabled source devices (e.g., additional devices 30, 40), include, but are not limited to, a smartphone, a tablet computer, a personal computer, a laptop computer, a notebook computer, a netbook computer, a radio, an audio system (e.g., portable and/or fixed), an Internet Protocol (IP) phone, a communication system, an entertainment system, a headset, a smart speaker, a piece of exercise and/or fitness equipment, a portable media player, an audio storage and/or playback system, and so forth. Example Bluetooth-enabled sink devices (e.g., first BT device 20) include, but are not limited to, a headphone, a headset, an audio speaker (e.g., portable and/or fixed, with or without “smart” device capabilities), an entertainment system, a communication system, a smartphone, a vehicle audio system, a piece of exercise and/or fitness equipment, an out-loud (or, open-air) audio device, a wearable private audio device, and so forth”; paragraph [0034], “The controller 50 may provide, for example, for coordination of other components of the BT device 20, such as control of user interfaces (not shown) and applications run by the BT device 20. In various implementations, controller 50 includes a BT connection control module (or modules), which can include software and/or hardware for performing BT connection control processes described herein. For example, controller 50 can include a BT connection control module in the form of a software stack having instructions for controlling functions in BT device connection (e.g., between BT device 20 and additional BT devices 30, 40, etc.) according to any implementation described herein. As described herein, the controller 50 is configured to control functions in an RSSI-based connection approach according to various implementations”; and paragraph [0036], “In addition to the general operation, the controller 50 initiates a Bluetooth function implemented in the Bluetooth module 70 upon detecting certain triggers (or, events), described herein. The controller 50 initiates an operation (e.g., connection) between BT device 20 and additional BT devices 30, 40, if specific conditions are satisfied”, if BT device 40 takes over control of BT device using the secondary connection, then BT device 40 can provide control instructions (functions) such as using a smartphone (BT device 40) to control/change the volume on an audio speaker (BT device 20).
Claim 9 recites a computer-implemented method for improving proximate device control with the same functional limitations as in the device of claim 1; therefore, claim 9 is rejected with the same reason as in the rejection of claim 1 above.
Claim 10 recites a computer-implemented method for improving proximate device control with the same functional limitations as in the device of claim 2; therefore, claim 10 is rejected with the same reason as in the rejection of claim 2 above.
Claim 11 recites a computer-implemented method for improving proximate device control with the same functional limitations as in the device of claim 4; therefore, claim 11 is rejected with the same reason as in the rejection of claim 4 above.
Claim 12 recites a computer-implemented method for improving proximate device control with the same functional limitations as in the device of claim 5; therefore, claim 12 is rejected with the same reason as in the rejection of claim 5 above.
Claim 14 recites a computer-implemented method for improving proximate device control with the same functional limitations as in the device of claim 7; therefore, claim 14 is rejected with the same reason as in the rejection of claim 7 above.
Claim 15 recites a tangible machine-readable medium comprising instructions for improving proximate device control that, when executed, cause a machine to at least perform the same functions as in the device of claim 1; therefore, claim 15 is rejected with the same reason as in the rejection of claim 1 above.
Claim 16 recites a tangible machine-readable medium comprising instructions for improving proximate device control that, when executed, cause a machine to perform the same functions as in the device of claim 2; therefore, claim 16 is rejected with the same reason as in the rejection of claim 2 above.
Claim 17 recites a tangible machine-readable medium comprising instructions for improving proximate device control that, when executed, cause a machine to perform the same functions as in the device of claim 4; therefore, claim 17 is rejected with the same reason as in the rejection of claim 4 above.
Claim 18 recites a tangible machine-readable medium comprising instructions for improving proximate device control that, when executed, cause a machine to perform the same functions as in the device of claim 5; therefore, claim 18 is rejected with the same reason as in the rejection of claim 5 above.
Claim 20 recites a tangible machine-readable medium comprising instructions for improving proximate device control that, when executed, cause a machine to perform the same functions as in the device of claim 7; therefore, claim 20 is rejected with the same reason as in the rejection of claim 7 above.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Burns et al. in view of Escott et al. (US 2021/0051473 A1).
As to claim 3, Burns et al. disclose the device of claim 2 above. Burns et al. do not explicitly disclose wherein the second transmission size limit is greater than the first transmission size limit. However, Escott et al. disclose providing communication between devices wherein a second transmission size limit is greater than a first transmission size limit (paragraphs [0045]-[0046], “The wireless communication links 122 and 124 may include a plurality of carrier signals, frequencies, or frequency bands, each of which may include a plurality of logical channels. The wireless communication links 122 and 124 may utilize one or more radio access technologies (RATs). Examples of RATs that may be used in a wireless communication link include 3GPP LTE, 3G, 4G, 5G (e.g., NR), GSM, Code Division Multiple Access (CDMA), Wideband Code Division Multiple Access (WCDMA), Worldwide Interoperability for Microwave Access (WiMAX), Time Division Multiple Access (TDMA), and other mobile telephony communication technologies cellular RATs. Further examples of RATs that may be used in one or more of the various wireless communication links within the communication system 100 include medium range protocols such as Wi-Fi, LTE-U, LTE-Direct, LAA, MuLTEfire, and relatively short range RATs such as ZigBee, Bluetooth, and Bluetooth Low Energy (LE)”, and “For example, the spacing of the subcarriers may be 15 kHz and the minimum resource allocation (called a “resource block”) may be 12 subcarriers (or 180 kHz). Consequently, the nominal Fast File Transfer (FFT) size may be equal to 128, 256, 512, 1024 or 2048 for system bandwidth of 1.25, 2.5, 5, 10 or 20 megahertz (MHz), respectively. The system bandwidth may also be partitioned into subbands. For example, a subband may cover 1.08 MHz (i.e., 6 resource blocks), and there may be 1, 2, 4, 8 or 16 subbands for system bandwidth of 1.25, 2.5, 5, 10 or 20 MHz, respectively”, BLE version 5.2 has a maximum packet size around 255 bytes (first transmission size) and fast file transfer packets (second transmission size) may have limits up to 2048 bytes, which is greater than the first transmission size. Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the fast file transfer of Escott et al. to the second transmission size of Burns et al. for faster and more efficient data transferring between devices.
Claim(s) 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al. in view of Jung et al. (US 10,341,942 B2).
As to claims 6, 13 and 19, Burns et al. disclose the device, computer-implemented method and tangible machine-readable medium of claims 1, 9 and 15, respectively above. Burns et al. do not explicitly disclose wherein the signal is a BLE signal transmitted by the proximate device as a periodic beacon. However, Jung et al. discloses proximity-based services utilizing a short-range communication that uses a Bluetooth low energy (BLE) periodic beacon (column 25, line 22 – column 26, line 3). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt BLE periodic beacon of Jung et al. to the signal of the device, computer-implemented method and tangible machine-readable medium of Burns et al. for low-power proximity communication to save power.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raphael (US 9,854,616 B2) disclose communication between users of mobile devices is provided based on proximities between the users; users are given unique identifiers, which are stored on a server, and mobile devices with the unique identifiers broadcast transmissions with their unique identifiers; the mobile devices listen for incoming identifiers from other mobile devices, and devices are detected directly or through an external radio communication device or hotspot; additionally, indirect detection through another mobile device or hotspot is used to linking the first mobile device and the second mobile device; the detection is used to form a group of two or more mobile devices, providing at least a subset of profile information associated with the list of users in the group to the first mobile device to form proximity groups.
Satoh et al. (US 10,257,870 B2) teach an electronic device includes a first communication unit which performs wireless communication with another electronic device, and a second communication unit which carries out transactions of information, which is necessary for pairing with the other electronic device performed by the first communication, with the other electronic device using near field wireless communication.
Angelini et al. (US 10,271,190 B2) disclose an apparatus configured to receive a notification from a wireless device indicating a presence of a wireless device; the apparatus configured to determine at least one of a set of beacon parameters or a beacon content after receiving the notification indicating the presence of the wireless device; additionally, the apparatus configured to transmit a beacon to the wireless device based on the determined at least one of the set of beacon parameters or the beacon content.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645