Office Action Predictor
Last updated: April 15, 2026
Application No. 18/387,978

RSSI Based Transmit Power for BLE Advertisers

Non-Final OA §103
Filed
Nov 08, 2023
Examiner
LE, SANG PHUOC
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Silicon Laboratories INC.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-62.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
7 currently pending
Career history
7
Total Applications
across all art units

Statute-Specific Performance

§103
83.3%
+43.3% vs TC avg
§102
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
FIDETAILED 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 . 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 Claims 1-20 are rejected under 35 U.S.C. § 103 as being unpatentable over Kim et al. (US 2018/0295660 A1, hereinafter “Kim”) in view of Choi et al. (US 2021/0250879 A1, hereinafter “Choi”). Regarding Claim 1, Kim teaches a method of transmitting advertisements from an advertiser to a Bluetooth device in a Bluetooth network, [0106], “the device D advertises using an advertisement event connectable in an advertisement physical channel.” And that [0110], “The devices H, I, and J use a single BLE advertisement physical channel. The device H is an advertiser, and the devices I and J are scanners.” wirelessly transmitting, from the advertiser, an advertisement, Kim teaches, [0107], “the device C advertises on and advertisement physical channel by using a certain type of an advertisement event captured by the scanner device E.” and that [0106], “the device D advertises using an advertisement event connectable in an advertisement physical channel.” in response to receiving a scan request packet from the Bluetooth device in response to the advertisement, Kim does not teach scan request / scan response operation. Choi teaches: [0079], “receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive a Scan Response message from the server device in response to the Scan Request.” determining at the advertiser, the RSSI of the scan request packet, Kim teaches that an advertising device uses RSSI as parameter associated with advertising messages and transmit power. Kim states that, [0430], “the first device 200 may calculate parameters such as the distance to the second device 300, an RSSI, etc. by transmitting the advertising message including the transmission power of each of the advertising messages.” And that the controller can check the included transmission power to reduce host operations and [0431], “the controller of the first device 200 may check the transmission power in spite of not transmitting the advertising message received by the host of the first device 200, thereby reducing the power consumption.” setting an adjusted transmit power based on the RSSI of the scan request packet, Kim does not teach RSSI-based transmit-power adjustment. Choi teaches, [0019], “when the RSSI is a threshold value or greater, the method further includes receiving, from the first device or the second device, a third request message for requesting a decrease of the transmission power.” And that, [0020], “the specific transmission power value is differently configured for each of a link, a stream or an event” transmitting, from the advertiser, a scan response packet to the Bluetooth device using the adjusted transmit power, Choi teaches: [0019], “transmitting the response message including the decreased third transmission power value” Kim teaches BLE advertising and RSSI measurement but does not teach RSSI-based transmit-power adjustment for scan responses. Choi expressly teaches RSSI-based transmit-power adjustment for response messages. It would have been obvious to one having ordinary skill in the art before the effective filling date to combine Kim’s BLE advertiser/scanner communication structure with Choi’s explicit RSSI-based transmit-power control to improve power efficiency, reduce interference, and optimize BLE link performance that are well understood in the wireless communication field, and yielding predictable results consistent with known BLE design practices. Regarding Claim 2, Kim and Choi teach the method of Claim 1 above, wherein the setting is performed using a lookup table, Kim does not teach look-up-based power selection. Choi teaches that transmission power values are selected or reconfigured as part of RSSI-based control logic, explaining that, [0020], “ the specific transmission power value is differently configured for each of a link, a stream or an event” and that when the RSSI crosses a threshold, the system performs a change to the transmit power, [0019], “ the third request message includes a third change value related to a decreased transmission power; and transmitting the response message including the decreased third transmission power value to the first device or the second device.” Given these disclosures, a person of ordinary skill in the art would readily recognize that a look up table is one of the most conventional mechanisms used in BLE and RF control systems to map RSSI ranges to corresponding transmit power values. Implementing the adjustment stop of Claim 1 through a lookup table simply substitutes one known technique (table-based selection) for another well-understood technique (algorithmic or parametric selection) to achieve predictable result. The use of lookup tables in radio-resource adaptation is widespread and represents nothing more than routine design choice. Regarding Claim 3, Kim and Choi teach the method of Claim 1 above, wherein the setting is performed using and algorithm or equation, Kim does not teach algorithmic power adjustment. Choi directly supports this approach, [0019], “ the third request message includes a third change value related to a decreased transmission power; and transmitting the response message including the decreased third transmission power value.” Adjusting transmit power by adding or subtracting a numerical amount from a prior transmit power is itself an algorithm. Choi’s additional explanation that transmission power values are [0020], “differently configured for each of a link, a stream or an event” further reflects that the device performs computational logic to determine appropriate values. It would have been obvious to one having ordinary skill in the art before the effective filling date to recognize that expressing the RSSI-dependent power-update rule in equation or algorithm form is necessary for any implementation in hardware or firmware. The claim therefore does not require any inventive structure beyond the well-known mathematical mappings used in BLE power-control system. Regarding Claim 4, Kim and Choi teach the method of Claim 1 above, wherein the adjusted transmit power varies inversely with the RSSI, Kim does not teach an inverse RSSI relationship. Choi teaches, [0019], “when the RSSI is a threshold value or greater, the method further includes receiving, from the first device or the second device, a third request message for requesting a decrease of the transmission power.” The disclosure teaches that when the RSSI is above a threshold, the transmission power is decreased, and when the RSSI is weak, the opposite change would occur. This establishes an inverse relationship: higher RSSI -> lower transmit power; lower RSSI -> higher transmit power. It would have been obvious to one having ordinary skill in the art before the effective filling date to find the inverse relationship predictable and routine, as it is fundamental in RF link-budget management: stronger signal means less power is needed. Implementing this known monotonic inverse mapping between RSSI and output power involves no inventive insight and would arise automatically when integrating Choi’s RSSI-driven power-reduction logic into the advertiser of Kim. Regarding Claim 5, Kim and Choi teach the method of Claim 4 above, wherein a difference between a minimum adjusted transmit power and maximum adjusted transmit power is at least 10 dBm, Kim does not teach transmit-power ranges. While neither Kim or Choi recites the precise numeric value of 10 dBm, BLE power-control specifications routinely span ranges larger than ±10 dB. Choi teaches that transmission power changes are applied in quantized increments, [0019], “the third request message includes a third change value related to a decreased transmission power” and that different events use different configurable power values, [0020], “the specific transmission power value is differently configured for each of a link, a stream or an event.” These statements reflect a context in which multi-step, multi-level power changes are expected. It would have been obvious to one having ordinary skill in the art before the effective filling date to know that BLE devices typically support output-power ranges of 20 dB or more and understand that selecting a 10 dB operational spread is within ordinary design choice and consistent with standard BLE hardware capability. Regarding Claim 6, Kim and Choi teach the method of Claim 1 above, wherein the scan response packet is transmitted using different transmit power than is used for the advertisement, Kim teaches advertisement transmit-power information, [0430], “transmitting the advertising message including the transmission power of each of the advertising messages.” Choi teaches that transmit-power values can differ per event, [0020], “ the specific transmission power value is differently configured for each of a link, a stream or an event” and that the updated power value determined from RSSI is used in the “response message”, [0019], “ transmitting the response message including the decreased third transmission power value.” It would have been obvious to one having ordinary skill in the art before the effective filling date to combine those teachings and understand that the advertiser of Kim could transmit advertisements at a default or preconfigured power, while transmitting the scan response packet at the adjusted power determined according to Choi. Regarding Claim 7, Kim and Choi teach the method of Claim 1 above, wherein after transmitting the scan response packet, the advertiser switches to a different channel and repeats the sequence, Kim repeatedly teaches channel-based advertising behavior and explicitly references advertisement physical channel operation, [0106], “the device D advertises using an advertisement event connectable in an advertisement physical channel” and that, [0110], “The devices H, I, and J use a single BLE advertisement physical channel.” BLE advertising inherently cycles through channels 37, 38, and 39. Kim’s examples of devices capturing advertising events from scanner devices, [0107], “the device C advertises on an advertisement physical channel by using a certain type of an advertisement event captured by the scanner device E.” further imply periodic channel usage and re-advertising. It would have been obvious to one having ordinary skill in the art before the effective filling date to know from BLE specifications that advertiser cycle through advertising channels after each advertisement event. When combining Choi’s scan request / scan-response behavior with Kim’s multichannel advertising model, it would have been obvious that once a scan response is completed, the advertiser resumes it regular advertising duty cycle by moving to the next advertising channel and repeating the advertising sequence. This is routine BLE behavior and would be expected by any practitioner. Regarding Claim 8, Kim and Choi teach the method of Claim 1 above, wherein the advertisement, the scan request packet and the scan response packet are transmitted on an advertising channel, Kim’s (FIG. 11) groups ([0106]-[0110]) consistently describe advertising occurring on “an advertisement physical channel” and that scanner devices receive these advertising events. These statements confirm that advertising channel is the communication environment in which these exchanges take place. Kim further teaches advertising channels, [0110], “use a single BLE advertisement physical channel”. Choi teaches the scan request and scan response exchange directly tied to receiving an “Advertising message”, [0079], “receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive a Scan Response.” It would have been obvious to one having ordinary skill in the art before the effective filling date to understand that scan requests and scan responses in legacy BLE advertising mode occur and advertising channels (channels 37-39). Combining Kim’s advertising physical channel with Choi’s scan-request / scan response logic yields exactly the sequence recited in Claim 8. Regarding Claim 9, Kim and Choi teach the method of Claim 1 above, wherein the advertisement, the scan request packet and the scan response packet are transmitted on a data channel, Kim teaches BLE operation using multiple advertising and data channel, expressly describing “advertisement physical channels”, [0106], “the device D advertises using an advertisement event connectable in an advertisement physical channel”, further, [0110], “The devices H, I, and J use a single BLE advertisement physical channel.” And separately introducing data-channel transmissions for device communication. Kim’s titled, [0247], “Data Channel PDU”, specially discusses PDU handling on BLE data channels, indicating that Kim contemplates communication sequences occurring on data channels. Choi independently teaches a message sequence where a device, [0079], “receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive a Scan Response message” It would have been obvious to one having ordinary skill in the art before the effective filling date to recognize that extended advertising in BLE can relocate the scan request and response interaction to a data channel, and the architecture described in Kim supports PDU processing on data channels ([0247]). Applying Choi’s scan-request / scan-response messaging flow within the flexible PDU handling framework of Kim would reasonably implement these messages on a data channel as on obvious alternative to advertising-channel operation. Regarding Claim 10, Kim and Choi teach the method of Claim 9 above, wherein the advertiser transmits additional response packets using the adjusted transmit power, Kim teaches data-channel packet transmission, [0247], “Data Channel PDU”. Choi teaches that transmit-power adjustment apply to response messages that the device sends when RSSI condition trigger a requested power decrease, explaining that, [0019], “the third request message includes a third change value related to a decreased transmission power.” This makes clear that adjusted power values apply to outgoing responses. Choi further states that transmission power is configured per event, meaning the adjusted power applies to successive packets within the same communication sequence, [0020], “the specific transmission power value is differently configured for each of a link, a stream or an event.” It would have been obvious to one having ordinary skill in the art before the effective filling date to understand that multiple packets may be needed if a single scan response is insufficient. Integrating Choi’s event-specific adjusted transmit power ([0020]) with Kim’s multi-PDU architecture yields the obvious implementation where all additional response packets in the same response event use the same adjusted transmit power. Regarding Claim 11, Kim and Choi teach the method of Claim 9 above, comprising transmitting an initial advertisement on an advertising channel prior to transmitting the advertisement on the data channel, Kim teaches advertiser behavior specifically on advertising physical channels, stating, [0016], “ the device D advertises using an advertisement event connectable in an advertisement physical channel” and [0110], “The devices H, I, and J use a single BLE advertisement physical channel. The device H is an advertiser.” Kim also teaches data channels, [0247], “Data Channel PDU”, thereby distinguishing the two channel types. Choi teaches a communication sequence in which the device first receives an Advertising message, then performs a scan request / scan response exchange, [0079], “receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive a Scan Response message” It would have been obvious to one having ordinary skill in the art before the effective filling date to combine the teachings would recognize that the initial Advertising message must originate from advertiser on the advertising channel per Kim ([0106]-[0110]) before any data-channel-based auxiliary advertising or scanning takes place. This mirror BLE extended-advertising behavior, where the primary advertisement appears on the advertising channel, while subsequent interactions may occur on data channels. Regarding Claim 12, Kim teaches a network interface including a read circuit to receive, demodulate and decode and incoming packet and to determine a received signal strength indicator (RSSI) for the incoming packet, [0430], “ the first device 200 may calculate parameters such as the distance to the second device 300, an RSSI, etc.” This closure teaches RSSI determination. a power amplifier configured to transmit packets at a selectable transmit power, Kim does not teach selectable transmit-power control. Choi teaches, [0020], “the specific transmission power value is differently configured for each of a link, a stream or an event.” a processing unit, Choi teaches, [0079], “The processor 114 or 124 controls the communication unit.” a memory device, in communication with the processing unit, containing instructions, which when executed by the processing unit, enable the Bluetooth network device, Choi teaches processor-controlled operations, [0079], “ controls the communication unit to receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive…” wirelessly transmit an advertisement, Kim teaches, [0106], “ the device D advertises using an advertisement event connectable in an advertisement physical channel” determine the RSSI of the scan request packet; set an adjusted transmit power based and transmit a scan response packet using the adjusted transmit power, Kim teaches RSSI determination, [0430], “calculate parameters such as the distance to the second device 300, an RSSI”. Choi teaches power adjustment and response transmission, [0019], “requesting a decrease of the transmission power of the control device, and the third request message includes a third change value related to a decreased transmission power; and transmitting the response message including the decreased third transmission power value.” It would have been obvious to one having ordinary skill in the art before the effective filling date to implement the system of Claim 12 using standard BLE hardware components taught by Kim and Choi to achieve predictable improvements in power efficiency. Regarding Claim 13, Kim and Choi teach the method of Claim 12 above, wherein the processing unit uses a look up to set the adjusted transmit power, Kim does not teach using a lookup mechanism to select transmit power. Choi teaches, [0020], “the specific transmission power value is differently configured for each of a link, a stream or an event” Kim discloses RSSI determination but not how adjusted transmit power values are selected. Choi teaches event-specifies selectable transmit-power values. It would have been obvious to implement Choi’s event-specific power values in Kim’s device using a lookup table, a predictable and well-known implementation technique. Regarding Claim 14, Kim and Choi teach the method of Claim 12 above, wherein the processing unit uses an equation or algorithm to set the adjusted transmit power, Kim does not teach algorithmic transmit-power adjustment. Choi teaches, [0019], “the third request message includes a third change value related to a decreased transmission power” It would have been obvious to one having ordinary skill in the art before the effective filling date to apply a numeric change value constitutes an algorithmic operation. Incorporating this into Kim’s RSSI-based processing to achieve predictable power-control behavior. Regarding Claim 15, Kim and Choi teach the method of Claim 12 above, the adjusted transmit power varies inversely with the RSSI, Kim does not teach an inverse RSSI-to-power relationship. Choi teaches, [0019], “when the RSSI is a threshold value or greater, the method further includes receiving, from the first device or the second device, a third request message for requesting a decrease of the transmission power”. Inverse RSSI-based power adjustment is a standard radio-link optimization technique, and it would have been obvious to one having ordinary skill in the art before the effective filling date to apply this in Kim’s BLE advertiser. Regarding Claim 16, Kim and Choi teach the method of Claim 12 above, wherein the advertisement and the scan response packet are transmitted on an advertising channel, Kim teaches advertising channel transmission, [0106], “the device D advertises using an advertisement event connectable in an advertisement physical channel”. Choi teaches scan response transmission following advertising, [0079], “ receive an Advertising message from the server device, controls the communication unit to transmit a Scan Request message to the server device and receive a Scan Response message”. In legacy BLE operation, scan responses are transmitted on advertising channels following advertisements. it would have been obvious to one having ordinary skill in the art before the effective filling date to combine Kim and Choi yields the claimed channel usage. Regarding Claim 17, Kim and Choi teach the method of Claim 12 above, wherein the advertisement and the scan response packet are transmitted on a data channel, Kim teaches data-channel transmission, [0247], “Data Channel PDU”. Choi teaches scan response packets, [0079], “receive a Scan Response message”. BLE extended advertising allows advertising-related exchanges on data channels. it would have been obvious to one having ordinary skill in the art before the effective filling date to apply Choi’s scan response behavior on Kim’s data channel PDUs. Regarding Claim 18, Kim and Choi teach the method of Claim 17 above, wherein information… cannot all be contained within the scan response packet… and transmit additional response packets using the adjusted transmit power, Kim teaches data-channel PDUs capable of multi-packet communication, stating, [0247], “Data Channel PDU”. Choi teaches transmitting response messages using adjusted transmit power, stating, [0019], “ transmitting the response message including the decreased third transmission power value”. Kim supports multi-packet transmission via data channel, and Choi teaches adjusted-power response transmission. it would have been obvious to one having ordinary skill in the art before the effective filling date to apply the same adjusted transmit power to additional response packets is a predictable extension of Choi’s response power control. Regarding Claim 19, Kim and Choi teach the method of Claim 17 above, comprising transmitting an initial advertisement on an advertising channel prior to transmitting the advertisement on the data channel, Kim teaches advertising channels, stating, [0106], “ advertisement physical channel”. Kim also teaches data-channel PDUs, stating, [0247], “Data Channel PDU”. BLE extended advertising begins with an advertising-channel transmission followed by data-channel communication. It would have been obvious to one having ordinary skill in the art before the effective filling date to combine Kim’s advertising-channel teaching with its data-channel PDU teaching yields the claimed sequence in a predictable manner. Regarding Claim 20, Kim and Choi teach the method of Claim 12 above, wherein the scan response packet is transmitted using a different transmit power than is used for the advertisement, Kim teaches advertisement transmit-power parameter, stating: [0430], “ transmitting the advertising message including the transmission power of each of the advertising messages.” Choi teaches adjusted transmit power for response packets, stating: [0019], “ transmitting the response message including the decreased third transmission power value.” Kim teaches advertisement transmit power, and Choi teaches adjusted transmit power for response. It would have been obvious to one having ordinary skill in the art before the effective filling date to use different transmit powers for advertisements and scan responses is a predictable BLE power-optimization technique. Prior Art of the Record: The prior art made of record not relied upon and considered pertinent to Applicant’s disclosure: Park et al. (US 2016/0309421 A1), has been reviewed and is considered pertinent to the general technical field of Bluetooth low-energy device architecture and wireless communication. However, Park does not teach any claim limitation not already taught by Kim et al. (US 2018/0295660 A1) and Choi et al. (US 2021/0250879 A1), and therefore is not relied upon in the rejections set forth herein. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG PHUOC LE whose telephone number is (571)272-3659. The examiner can normally be reached Monday - Thursday 7:00 am - 5:30 pm. 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, Charles Appiah can be reached at 571-272-7904. 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. SANG PHUOC. LE Examiner Art Unit 2641 /GOLAM SOROWAR/ Primary Examiner, Art Unit 2641
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Prosecution Timeline

Nov 08, 2023
Application Filed
Dec 29, 2025
Non-Final Rejection — §103
Mar 26, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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