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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement submitted has been considered by the Examiner and made of record in the application file.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA) in view of Ikeda USPN 2025/0024541.
Consider claim 1, AAPA discloses an apparatus comprising: a wireless transceiver configurable to communicate with external devices using a Bluetooth low-energy connection (see [0003]: “… wireless audio streaming, such as with Bluetooth low energy (LE), a user may connect a listening device (such as a hearing aid, headphones, a speaker, a headset, etc.) via a Bluetooth LE connection to a host device (such as a computer, laptop, smartphone, etc.) in order to stream music and/or make voice calls while using the listening device for audio. In such a case, the Bluetooth LE specification defines different types of audio streaming configurations that depend on whether other devices are present in the audio source's piconet (e.g., a group of devices (CIG) that share the same channel to the host…”); and a communication controller configured to: establish via the wireless transceiver a connection group that includes a listening device and an other device, wherein the wireless transceiver is configured to transmit data packets to the connection group using a communication connection in a data packet mode (see [0004]: “…To the extent other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group as the listening device, the audio stream configuration for the listening device may use an “unsegmented framed” mode…”);
However, AAPA does not explicitly disclose determine a reconfiguration of the communication connection based on an activity status.
In the related field of endeavor, Ikeda disclose determine a reconfiguration of the communication connection based on an activity status (see [0061]: “…switch the current transmission mode, the communication application 306 requests the data transmission mode determination unit 304 to switch the data transmission mode. The request for switching the data transmission mode occurs due to a change in congestion state in the frequency band used for multi-link communication or in radio wave conditions, a power-saving operation of a battery-powered communication device, or the like…”).
Therefore, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to combine BLE piconet packet data transmission modes of AAPA and the transmission mode switching of Ikeda in order to arrive at the instant recitation and provide optimized data traffic.
Consider claim 2 as applied to respective claim, AAPA as modified discloses the connection group comprises a Bluetooth low energy isochronous group, wherein the communication connection comprises an isochronous adaption layer (see [0004]: “…audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device at an isochronous (ISO) interval of 10 ms (e.g., defined at the ISO adaption layer, ISOAL…”).
Consider claim 3 as applied to respective claim, AAPA as modified discloses the data packet mode comprises a framed mode and the second data packet mode comprises an unframed mode (see [0004]: “…listening device may use an “unframed” communication mode. In unframed communication mode, audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device at an isochronous (ISO) interval of 10 ms (e.g., defined at the ISO adaption layer, ISOAL). To the extent other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group as the listening device, the audio stream configuration for the listening device may use an “unsegmented framed” mode…”).
Consider claim 4 as applied to respective claim, AAPA as modified discloses the framed mode comprises data packet transmissions that occur at a first isochronous interval without segmentation, wherein the unframed mode comprises data packet transmissions that occur at a second isochronous interval, wherein the first isochronous interval is different from the second isochronous interval (see [0004]: “…audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device at an isochronous (ISO) interval of 10 ms (e.g., defined at the ISO adaption layer, ISOAL). To the extent other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group as the listening device, the audio stream configuration for the listening device may use an “unsegmented framed” mode (also called “framed, unsegmented mode”), where SDU frames received at 10 ms are sent to the listening devices at a 7.5 ms ISO interval, without any SDU segmentation…”).
Consider claim 5 as applied to respective claim, AAPA as modified discloses the reconfiguration comprises changing an isochronous stream interval between a first isochronous interval and a second isochronous interval (see [0004]: “…audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device at an isochronous (ISO) interval of 10 ms (e.g., defined at the ISO adaption layer, ISOAL). To the extent other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group as the listening device, the audio stream configuration for the listening device may use an “unsegmented framed” mode (also called “framed, unsegmented mode”), where SDU frames received at 10 ms are sent to the listening devices at a 7.5 ms ISO interval, without any SDU segmentation…”).
Consider claim 6 as applied to respective claim, AAPA as modified discloses the first isochronous interval comprises 7.5 ms and the second isochronous interval comprises 10 ms (see [0004]: “…SDU frames received at 10 ms are sent to the listening devices at a 7.5 ms ISO interval…”).
Consider claim 7 as applied to respective claim, AAPA as modified discloses the activity status of the other device comprises whether the other device is in an idle mode, whether the other device is in a low-power mode, or whether the other device is scheduled for communicating data packets over the communication connection (see [0061]: “…switch the current transmission mode, the communication application 306 requests the data transmission mode determination unit 304 to switch the data transmission mode. The request for switching the data transmission mode occurs due to a change in congestion state in the frequency band used for multi-link communication or in radio wave conditions, a power-saving operation of a battery-powered communication device, or the like…”).
Consider claim 9 as applied to respective claim, AAPA as modified discloses the data packets comprise streaming audio data packets (see [0003]: “…Bluetooth LE specification defines different types of audio streaming configurations that depend on whether other devices are present in the audio source's piconet…”).
Consider claim 10 as applied to respective claim, AAPA as modified discloses the listening device comprises a hearing aid, a headset, or a speaker (see [0003]: “…listening device (such as a hearing aid, headphones, a speaker, a headset, etc.…”).
Consider claim 11 as applied to respective claim, AAPA as modified discloses the other device comprises a wireless mouse, a wireless keyboard, or other wireless peripheral device (see [0004]: “…other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group…”).
Consider claim 12 as applied to respective claim, AAPA as modified discloses the data packets comprise audio data packets that have been encapsulated into a protocol data unit (PDU), wherein each of the audio data packets comprise a service data unit (SDU) of streaming audio data (see [0004]: “… audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device…”).
Examiner Note: See detailed rejection analysis of independent claim 1 for the remaining independent claim rejections.
Consider claim 13, AAPA discloses a device comprising: a means for communicating with external devices using a Bluetooth low-energy connection (see [0003-0005]); a means for establishing via the means for communicating a connection group that includes a listening device and an other device, wherein the means for communicating is configured to transmit data packets to the connection group using a communication connection in a data packet mode (see [0003-0005]);
However, AAPA does not explicitly disclose determine a reconfiguration of the communication connection based on an activity status.
In the related field of endeavor, Ikeda disclose determine a reconfiguration of the communication connection based on an activity status (see [0061]: “…switch the current transmission mode, the communication application 306 requests the data transmission mode determination unit 304 to switch the data transmission mode. The request for switching the data transmission mode occurs due to a change in congestion state in the frequency band used for multi-link communication or in radio wave conditions, a power-saving operation of a battery-powered communication device, or the like…”).
Therefore, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to combine BLE piconet packet data transmission modes of AAPA and the transmission mode switching of Ikeda in order to arrive at the instant recitation and provide optimized data traffic.
Consider claim 14 as applied to respective claim, AAPA as modified discloses the means for transmitting the data packets over the communication connection in the second data packet mode comprises a means for transmitting a mode switch indicator to change the communication connection from the data packet mode to the second data packet mode (see [0061]: “…switch the current transmission mode, the communication application 306 requests the data transmission mode determination unit 304 to switch the data transmission mode. The request for switching the data transmission mode occurs due to a change in congestion state in the frequency band used for multi-link communication or in radio wave conditions, a power-saving operation of a battery-powered communication device, or the like…”).
Consider claim 16, AAPA discloses a non-transitory computer-readable medium comprising instructions that, when executed, cause one or more processors to: establish a connection group that includes an audio device and an other device (see [0003-0005]), wherein a wireless transceiver is configured to transmit data to the connection group over a communication connection at a first isochronous stream interval (see [0003-0005]), wherein the communication connection is configured to transmit an audio stream to the audio device (see [0003-0005]); and reconfigure the wireless transceiver to transmit the audio stream to the audio device over the communication connection at a second isochronous stream interval
However, AAPA does not explicitly disclose determine a reconfiguration of the communication connection based on an activity status.
In the related field of endeavor, Ikeda disclose determine a reconfiguration of the communication connection based on an activity status (see [0061]: “…switch the current transmission mode, the communication application 306 requests the data transmission mode determination unit 304 to switch the data transmission mode. The request for switching the data transmission mode occurs due to a change in congestion state in the frequency band used for multi-link communication or in radio wave conditions, a power-saving operation of a battery-powered communication device, or the like…”).
Therefore, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to combine BLE piconet packet data transmission modes of AAPA and the transmission mode switching of Ikeda in order to arrive at the instant recitation and provide optimized data traffic.
Consider claim 17 as applied to respective claim, AAPA as modified discloses wherein the first isochronous stream interval is associated with a framed, unsegmented mode for transmitting data to the other device, wherein the second isochronous stream interval is associated with an unframed mode for transmitting packet data units of the audio stream over the communication connection (see [0004]: “…listening device may use an “unframed” communication mode. In unframed communication mode, audio service data unit (SDU) frames are received at 10 millisecond (ms) intervals and sent to the listening device at an isochronous (ISO) interval of 10 ms (e.g., defined at the ISO adaption layer, ISOAL). To the extent other devices (e.g., a Bluetooth keyboard and/or mouse) are connected to the computer/laptop in the same group as the listening device, the audio stream configuration for the listening device may use an “unsegmented framed” mode…”).
Allowable Subject Matter
Claims 8, 15, and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: See respective instant recitations.
Conclusion
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Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Oneal Mistry can be reached on (313) 446-4912. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Fayyaz Alam
March 3, 2026
/FAYYAZ ALAM/
Primary Examiner, Art Unit 2674