Prosecution Insights
Last updated: October 01, 2026
Application No. 18/391,361

PROXIMITY BASED BROADCAST ONBOARDING FOR AUDIO DEVICES

Final Rejection §103
Filed
Dec 20, 2023
Examiner
BILODEAU, DAVID
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
592 granted / 769 resolved
+15.0% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
11 currently pending
Career history
784
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 769 resolved cases

Office Action

§103
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 . DETAILED ACTION This Office Action is in response to the Applicants’ communication filed on 12/20/2023. In virtue of this communication, claims 1-30 are currently pending in the instant application. Response to Arguments Applicant’s arguments with respect to claims 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-30 are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (US 2022/0103607 A1) in view of Moon et al. (US 2024/0354050 A1). Regarding Claim 1 Young teaches the limitations "An audio device associated with a user for wireless communications, the audio device comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: (see abstract, fig. 2a and 2b and par. 0067); receive, from an onboarding device associated with a broadcast device, one or more connection request signals requesting a connection with the audio device and comprising an address of the onboarding device; (see fig. 6-7 and par. 0084 “the plurality of isochronous data streams 164 can utilize one or more advertising channels within the protocol spectrum to send advertising packets within environment E. The data included in the advertising packets of that channel may include a device Media Access Control (MAC) address or physical address that is indicative of a device type or a device class of each of the source devices 106 of the plurality of source devices 106A-106C.” Here the audio device (i.e. headphones) receives advertisements (i.e. connection requests) including address (i.e. MAC address) from the source device (i.e. source 106); output, for transmission to the onboarding device based on the address of the onboarding device, one or more first connection signals to establish a first connection with the onboarding device; (see par. 0063 “isochronous data stream which utilizes a preestablished, point-to-point communication link over LE Audio between, e.g., a source device and an audio device or a plurality of audio devices. In other words, a connected isochronous stream can provide an isochronous audio stream which utilizes at least one established reliable communication channel and/or at least one acknowledged communication channel between the source device and any respective audio devices.” Here, the acknowledgement to connect is equated to responding to advertisement. Also see par. 0073 “As used herein, the term “paired”, along with its ordinary meaning to those with skill in the art, is intended to mean, establishing a data connection between two devices based on a known relationship and/or identity of the devices. The devices may initially exchange credentials, e.g., a Bluetooth passkey, between each other, and establish a connection between the two devices that share the passkey. The exchange of credentials can take place in a special pairing mode of the two devices to indicate ownership of both devices and/or the intent to pair. Once the devices are paired, they are capable of establishing future connections based on the shared pass key and/or the known identity of the devices.” Devices are paired by exchanging connection signals.); and synchronize with the broadcast device using the synchronization information to receive one or more broadcast signals comprising broadcast information" (see fig. 7 (212) and par. 0007 “Because each earbud has its own Bluetooth radio, it's also possible for each bud to synchronize to a different LE Audio broadcast source independently.” Also see par. 0078 “system 100 can include a plurality of paired or otherwise pre-registered audio devices, i.e., first device 102 and second device 104 (e.g., paired truly wireless earbuds) within environment E, where environment E is a sports bar, restaurant, or other public space having a plurality of source devices 106A-106C (e.g., wirelessly enabled televisions) capable of simultaneously broadcasting a respective plurality of isochronous data streams 164A-164C. In this example, each isochronous data stream 164A-164C can include audio data associated with a tv show, movie, or other video media playing on, or otherwise being displayed on, each respective source device 106A-106C. As illustrated, each device, i.e., first device 102 and second device 104, can receive each of the plurality of isochronous data streams 164A-164C. In this example, one of the two devices, e.g., first device 102, can be designated or otherwise assigned the role of manager within the system. The managing device, e.g., first device 102, is configured to coordinate the playback of each stream by each device within the system using, for example, first communication data stream 162A.”). However, although suggested, Young does not explicitly disclose “receive, from the onboarding device and via the first connection with the onboarding device, one or more information signals comprising synchronization information associated for establishing communication with the broadcast device and for accessing one or more broadcast signals from the broadcast device.” In the same field of endeavor, Moon teaches a method of outputting audio signals, where an output device (304) receives broadcasts from multiple sources (310, 320) via the connected onboard device (phone 302). (see fig. 3 and par. 0081-0082). Further Moon explicitly shows that “In operation 440, the processor may transmit, when the first audio source device is selected by the user, an add source command to the first audio output device establishing a wireless link with the electronic device based on the information on the first audio source device. For example, the user of the electronic device may select the first audio source device from among one or more audio source devices output on the display through a user interface (UI) or user experience (UX). For example, when a plurality of audio source devices are detected, the plurality of audio source devices may be output on the display in the form of a list, and the user may select the first audio source device by selecting one from the list. For example, the add source command may include at least one of address information, a broadcast identifier, PA synchronization information, or BIS information of the first audio source device.” (see fig. 4 and par. 0091). Also “The processor of the audio output device may receive a second signal (e.g., a PA signal) broadcast by the first audio source device based on the add source command received from the electronic device through the communication module, and receive the first audio broadcast stream based on the second signal.” (see par. 0181). Here, the onboard device equated to user’s phone, sends synchronization information to the earbuds for establishing connection with the broadcast sources. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to receive synchronization information to connect with a broadcast source from an onboard device as taught by Moon in the system of Young, in order to allow users to listen to broadcasts on earphones not paired to smartphone (see par. 0003). Claim 19 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 2 Young teaches the limitations "The audio device of claim 1, wherein the at least one processor is configured to receive a scanning enabling command based on at least one of the user pressing a button on the audio device or the user making a selection on a display of a mobile device associated with the user and in connection with the audio device" (see par. 0008 “For instance, two earbuds may have symmetrical control surfaces, which can include a button or touch-capacitive sensor, that could be used independently to cycle through different broadcast sources in range on the left earbud.” Also see par. 0085 “The managing device, e.g., first device 102, can constantly scan or periodically scan the environment E and/or isochronous data streams 164 for a change in the status or priority level of each isochronous stream and can adjust accordingly.”). Claim 20 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 3 Young teaches the limitations "The audio device of claim 2, wherein the at least one processor is configured to scan for the one or more connection request signals based on the audio device receiving the scanning enabling command" (see par. 0008 “two earbuds may have symmetrical control surfaces, which can include a button or touch-capacitive sensor, that could be used independently to cycle through different broadcast sources in range on the left earbud.”). Claim 21 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 4 Young teaches the limitations "The audio device of claim 1, wherein the at least one processor is configured to cause the address of the onboarding device to be stored in a list comprising a listing of approved devices for establishing a connection with the audio device" (see par. 0084 “The data included in the advertising packets of that channel may include a device Media Access Control (MAC) address or physical address that is indicative of a device type or a device class of each of the source devices 106” and par. 0073 “these communication data streams are established between two devices within the system based on a previous registration or pairing of the two devices using at least one of the wireless protocols discussed above. In other words, each device of system 100 can be paired to at least one other device within the system. In one example, first device 102 and second device 104 are paired audio devices, e.g., paired truly wireless earbuds or paired speakers. As used herein, the term “paired”, along with its ordinary meaning to those with skill in the art, is intended to mean, establishing a data connection between two devices based on a known relationship and/or identity of the devices. The devices may initially exchange credentials, e.g., a Bluetooth passkey, between each other, and establish a connection between the two devices that share the passkey. The exchange of credentials can take place in a special pairing mode of the two devices to indicate ownership of both devices and/or the intent to pair. Once the devices are paired, they are capable of establishing future connections based on the shared pass key and/or the known identity of the devices.” Here, the previously paired devices stores address of source devices for future pairing). Claim 22 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 5 Young teaches the limitations "The audio device of claim 1, wherein the at least one processor is configured to receive, from the onboarding device via the first connection, one or more encryption information signals comprising an encryption key for decrypting the one or more broadcast signals from the broadcast device" (see par. 0073 “establishing a data connection between two devices based on a known relationship and/or identity of the devices. The devices may initially exchange credentials, e.g., a Bluetooth passkey, between each other, and establish a connection between the two devices that share the passkey. The exchange of credentials can take place in a special pairing mode of the two devices to indicate ownership of both devices and/or the intent to pair. Once the devices are paired, they are capable of establishing future connections based on the shared pass key and/or the known identity of the devices.”). Claim 23 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 6 Young teaches the limitations "The audio device of claim 1, wherein the at least one processor is configured to receive, from the onboarding device via the first connection, information signals comprising synchronization information associated with a plurality of broadcast devices" (see fig. 6 and par. 0074 “each isochronous data stream of the plurality of isochronous data streams 164A-164C corresponds to an independent isochronous data stream broadcasted or transmitted by one source device of plurality of source devices 106A-106C.”). Claim 24 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 7 Young teaches the limitations "The audio device of claim 6, wherein the at least one processor is configured to select the broadcast device from the plurality of broadcast devices" (see par. 0066 “While in broadcast discovery mode, the user U may provide a user input (e.g. first user input 126 or second user input 144 discussed below) to cycle through a plurality of wireless data streams (e.g., plurality of isochronous data streams 164A-164C discussed below) corresponding to at least one of the respective source devices 106. It should be appreciated that although only three source device 106A-106C are illustrated, more or less source devices may be utilized, e.g., two, four, six, eight, 10, etc.”). Claim 25 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 8 Young teaches the limitations "The audio device of claim 1, wherein the at least one processor is configured to disconnect the first connection with the onboarding device" (see par. 0085 “The managing device, e.g., first device 102, can constantly scan or periodically scan the environment E and/or isochronous data streams 164 for a change in the status or priority level of each isochronous stream and can adjust accordingly. For example, should isochronous data stream 164C become active, e.g., where a gate or other announcement is made over the PA system, first device 102 can manage the audio playbacks of the first device 102 and second device 104 such that first audio playback PB1 of first device 102 includes data associated with the isochronous data stream 164C of source device 106C (the PA system) and/or such that second audio playback PB2 of second device 104 includes data associated with the isochronous data stream 164C of second source device 106C. In this way, when the PA system becomes active, the managing device can allow the isochronous data stream with the higher priority to barge-in on, and automatically take over the audio playbacks of, one or more audio devices within the system.”). Regarding Claim 9 Young teaches the limitations "The audio device of claim 1, wherein the address of the onboarding device is a Bluetooth address" (see par. 0083 showing Bluetooth and par. 0084 “The data included in the advertising packets of that channel may include a device Media Access Control (MAC) address or physical address that is indicative of a device type or a device class of each of the source devices 106 of the plurality of source devices 106A-106C.”). Regarding Claim 10 Young teaches the limitations "The audio device of claim 1, wherein the one or more connection request signals are non-connectable advertisements" (see par. 0010 “When the broadcast source initiates an active stream, it is expected that it will update its periodic advertisements indicating the presence of the active stream. The broadcast scanner or stream scanner device could trigger off of this change in the periodic advertisements to allow a barge-in event on the system.” Also see par. 0082 and 0084). Claim 26 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 11 Young teaches the limitations "The audio device of claim 1, wherein the audio device is one of earbuds, an audio headset, a wearable device, or a head-mounted display (HMD)" (see fig. 4 (102 and 104 earbuds)). Regarding Claim 12 Young teaches the limitations "The audio device of claim 1, wherein the synchronization information associated with the broadcast device comprises an address of the broadcast device" (see par. 0084 “The data included in the advertising packets of that channel may include a device Media Access Control (MAC) address or physical address that is indicative of a device type or a device class of each of the source devices 106 of the plurality of source devices 106A-106C.”). Claim 27 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 13 is rejected for the same reasons set forth above in claim 1 except for the limitation “output, for transmission to an audio device associated with a user based on receiving an activation command requesting to receive one or more broadcast signals from a broadcast device associated with the onboarding device.” (see par. 0008 “For instance, two earbuds may have symmetrical control surfaces, which can include a button or touch-capacitive sensor, that could be used independently to cycle through different broadcast sources in range on the left earbud.” Also see par. 0085 “The managing device, e.g., first device 102, can constantly scan or periodically scan the environment E and/or isochronous data streams 164 for a change in the status or priority level of each isochronous stream and can adjust accordingly.” Here, the user selects the broadcast to be output to audio device based on activation command). Claim 28 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 15 Young teaches the limitations "The onboarding device of claim 13, wherein the at least one processor is configured to receive the connection acceptance command based on at least one of the user making a selection on a display of the onboarding device, the user pressing a button on the audio device, or the user making a selection on a display of a mobile device associated with the user and in connection with the audio device" (see par. 0008 “For instance, two earbuds may have symmetrical control surfaces, which can include a button or touch-capacitive sensor, that could be used independently to cycle through different broadcast sources in range on the left earbud.” Also see par. 0085 “The managing device, e.g., first device 102, can constantly scan or periodically scan the environment E and/or isochronous data streams 164 for a change in the status or priority level of each isochronous stream and can adjust accordingly.” Here, the user selects the broadcast to be output to audio device based on activation command). Claim 30 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Regarding Claim 16 Young teaches the limitations "The onboarding device of claim 13, wherein the at least one processor is configured to output, for transmission to the audio device via the connection with the audio device, one or more encryption information signals comprising an encryption key for decrypting the one or more broadcast signals from the broadcast device" (see par. 0073 “establishing a data connection between two devices based on a known relationship and/or identity of the devices. The devices may initially exchange credentials, e.g., a Bluetooth passkey, between each other, and establish a connection between the two devices that share the passkey. The exchange of credentials can take place in a special pairing mode of the two devices to indicate ownership of both devices and/or the intent to pair. Once the devices are paired, they are capable of establishing future connections based on the shared pass key and/or the known identity of the devices.”). Regarding Claim 17 Young teaches the limitations "The onboarding device of claim 13, wherein the at least one processor is configured to output, for transmission to the audio device via the connection, information signals comprising synchronization information associated with a plurality of broadcast devices" (see fig. 6 and par. 0074 “each isochronous data stream of the plurality of isochronous data streams 164A-164C corresponds to an independent isochronous data stream broadcasted or transmitted by one source device of plurality of source devices 106A-106C.”). Regarding Claim 18 Young teaches the limitations "The onboarding device of claim 13, wherein the synchronization information comprises an address of the broadcast device" (see par. 0084 “The data included in the advertising packets of that channel may include a device Media Access Control (MAC) address or physical address that is indicative of a device type or a device class of each of the source devices 106 of the plurality of source devices 106A-106C.”). Regarding Claim 14 Young teaches the limitations "The onboarding device of claim 13, wherein the at least one processor is configured to receive the activation command based on user input indicating a selection of a broadcast option However, Young does not explicitly disclose that the user selection is via the onboarding device. Moon shows in operation 440, the processor may transmit, when the first audio source device is selected by the user, an add source command to the first audio output device establishing a wireless link with the electronic device based on the information on the first audio source device. For example, the user of the electronic device may select the first audio source device from among one or more audio source devices output on the display through a user interface (UI) or user experience (UX). (see par. 0094 and fig. 4). Here the selection of broadcast source is done on onboard device (i.e. user’s phone) to select broadcast source for ear buds. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to allow the user to select broadcasts from the broadcast source (i.e. onboarding device) as taught by Moon in the system of Young, in order to easily manage the reception of audio broadcasts from a variety of sources such as in an airport (see e.g. par. 0066 of Young) and provide ease to the user in making broadcast selections by improving user experience (see par. 0094 of Moon). Claim 29 is rejected for the same reasons set forth above because the claims have similar limitations or have been addressed. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID BILODEAU whose telephone number is (571)270-3192. The examiner can normally be reached Monday-Thursday 6:00am-4:00pm Eastern Standard Time. 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, Wesley Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /David Bilodeau/ Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Dec 20, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jun 07, 2026
Interview Requested
Jun 16, 2026
Examiner Interview Summary
Jun 16, 2026
Applicant Interview (Telephonic)
Jul 08, 2026
Response Filed
Sep 11, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
92%
With Interview (+14.5%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
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