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 .
This communication is response to claims filed on 01/16/24.
Claims 1-20 are presented for examination.
Information Disclosure Statement’s
4. The information disclosure statement(s) submitted on 11/19/24 & 08/04/25 have being considered by the examiner and made of record in the application file.
Drawing
5. The drawings filed on 01/16/24 are accepted by the examiner.
Specification
6. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggested to change the title to “ESTABLISHING A COMMUNICATION GROUP USING A TARGET CHANNEL”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
7. 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 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
8. Claims 1, 7-11 & 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vandwalle et al. (hereinafter referred as Vandwalle) U.S. Patent No. 10, 003, 642 B2, in view of Movva et al. (hereinafter referred as Movva) US Patent Application Publication No. 2022/0394428 A1.
Regarding claims 1 & 11: Vandwalle discloses a communication device (See Para. 0041; a non-master device)/method for establishing a communication group, comprising:
receive at least one beacon (corresponding to beacon) from at least one reference device, wherein each of the at least one beacon comprises a wireless channel used by the corresponding reference device (corresponding to the channel or channels the beacon will be broadcast on) and a number of connected devices of the corresponding reference device (corresponding to the number of peer devices participating in the cluster) (See Para. 0067-0069; receiving a discovery beacon (DB) from a master device, whose information includes “the channel or channels the beacon will be broadcast on”. Para. 0136 discloses some parameters in the DM include “discovery window parameters (e.g. channel (s), period, duration”. Para. 0154 discloses the Beacons are configured to assist in the measurement or estimation of the size of a cluster (i.e., the number of peer devices participating in the cluster), and
the wireless channel indicated in each of the at least one beacon belongs to a plurality of reference channels (See Para. 0067-0069; receiving a discovery beacon (DB) from a master device, whose information includes “the channel or channels the beacon will be broadcast on”);
determining a target channel based on the wireless channel used by the corresponding reference device and the number of connected devices of the corresponding reference device (See Para. 0141; When two or more clusters are in conflict, an anchor master may change the channel(s) on which some or all discovery window are conducted using the beacons); and
establishing the communication group by using the target channel (See Para. 0126; joining different clusters based on the DBs and forming suitable clusters).
Vandwalle does not explicitly disclose a communication device comprising:
a transceiver; and a processor, coupled to the transceiver and performing: controlling the transceiver to:
However, Movva from the same field of endeavor discloses a communication device (See FIG. 23 & Para. 0117; a mobile) comprising:
a transceiver (See FIG. 23 & Para. 0117; a mobile includes interface); and a processor (See FIG. 23 & Para. 0117; a mobile includes processor), coupled to the transceiver and performing: controlling the transceiver to:
receive at least one beacon from at least one reference device, wherein each of the at least one beacon comprises a wireless channel used by the corresponding reference device and a number of connected devices of the corresponding reference device (See Para. 0062-0063; Mobile device 102 may receive, from a first accessory device 101A, a pairing status. service group profiles may include, but is not limited to, the following information: number of accessory devices in device group, number of paired devices).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a communication device comprising: a transceiver; and a processor as taught by Movva in the system of Vandwalle to present a selectable element with a query on whether to continue to find devices from the group of devices (See Para. 0009; lines 4-5).
Regarding claims 7 & 17: The combination of Vandwalle and Movva disclose a communication device/method.
Furthermore, Movva discloses the communication device/method, wherein the at least one beacon is transmitted based on a first communication protocol, and the communication group established by the communication device is established based on a second communication protocol (See Para. 0041; The wireless accessories 201 can transmit the beacon signal using one of a variety of wireless technologies described herein (e.g., Bluetooth, Wi-Fi, etc.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the at least one beacon is transmitted based on a first communication protocol, and the communication group established by the communication device is established based on a second communication protocol as taught by Movva in the system of Vandwalle to present a selectable element with a query on whether to continue to find devices from the group of devices (See Para. 0009; lines 4-5).
Regarding claims 8 & 18: The combination of Vandwalle and Movva disclose a communication device/method.
Furthermore, Movva discloses the communication device/method, wherein the first communication protocol is one of Bluetooth and Wi-fi, and the second communication protocol is another of Bluetooth and Wi-fi (See Para. 0041; The wireless accessories 201 can transmit the beacon signal using one of a variety of wireless technologies described herein (e.g., Bluetooth, Wi-Fi, etc.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first communication protocol is one of Bluetooth and Wi-fi, and the second communication protocol is another of Bluetooth and Wi-fi as taught by Movva in the system of Vandwalle to present a selectable element with a query on whether to continue to find devices from the group of devices (See Para. 0009; lines 4-5).
Regarding claims 9 & 19: The combination of Vandwalle and Movva disclose a communication device/method.
Furthermore, Vandwalle discloses the communication device/method, wherein after establishing the communication group by using the target channel, the processor further performs: sending a reference beacon, wherein the reference beacon indicates at least one of the target channel used for establishing the communication group and a reference number of connected device in the communication group, wherein the reference number of connected device in the communication group is a number of devices connected with the communication device (See Para. 0067-0069; receiving a discovery beacon (DB) from a master device, whose information includes “the channel or channels the beacon will be broadcast on”. Para. 0136 discloses some parameters in the DM include “discovery window parameters (e.g. channel (s), period, duration”. Para. 0154 discloses the Beacons are configured to assist in the measurement or estimation of the size of a cluster (i.e., the number of peer devices participating in the cluster).
Regarding claim 10: The combination of Vandwalle and Movva disclose a method.
Furthermore, Movva discloses the method, wherein the communication device is a head-mounted display (See Para. 0033; head mounted display).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the communication device is a head-mounted display as taught by Movva in the system of Vandwalle to present a selectable element with a query on whether to continue to find devices from the group of devices (See Para. 0009; lines 4-5).
Regarding claim 20: Vandwalle discloses a non-transitory computer readable storage medium, the computer readable storage medium recording an executable computer program, the executable computer program being loaded by a communication device (See Para. 0041; a non-master device) to perform steps of:
receiving at least one beacon (corresponding to beacon) from at least one reference device, wherein each of the at least one beacon comprises a wireless channel used by the corresponding reference device (corresponding to the channel or channels the beacon will be broadcast on) and a number of connected devices of the corresponding reference device (corresponding to the number of peer devices participating in the cluster) (See Para. 0067-0069; receiving a discovery beacon (DB) from a master device, whose information includes “the channel or channels the beacon will be broadcast on”. Para. 0136 discloses some parameters in the DM include “discovery window parameters (e.g. channel (s), period, duration”. Para. 0154 discloses the Beacons are configured to assist in the measurement or estimation of the size of a cluster (i.e., the number of peer devices participating in the cluster), and
the wireless channel indicated in each of the at least one beacon belongs to a plurality of reference channels (See Para. 0067-0069; receiving a discovery beacon (DB) from a master device, whose information includes “the channel or channels the beacon will be broadcast on”);
determining a target channel based on the wireless channel used by the corresponding reference device and the number of connected devices of the corresponding reference device (See Para. 0141; When two or more clusters are in conflict, an anchor master may change the channel(s) using the beacons); and
establishing the communication group by using the target channel (See Para. 0126; joining different clusters based on the DBs and forming suitable clusters).
Vandwalle does not explicitly disclose a non-transitory computer readable storage medium, the computer readable storage medium recording an executable computer program, the executable computer program being loaded by a communication device.
However, Movva from the same field of endeavor discloses a non-transitory computer readable storage medium (See FIG. 23 & Para. 0117; a mobile includes a memory), the computer readable storage medium recording an executable computer program, the executable computer program being loaded by a communication device (See FIG. 23 & Para. 0117; a mobile includes processor).
receive at least one beacon from at least one reference device, wherein each of the at least one beacon comprises a wireless channel used by the corresponding reference device and a number of connected devices of the corresponding reference device (See Para. 0062-0063; Mobile device 102 may receive, from a first accessory device 101A, a pairing status. service group profiles may include, but is not limited to, the following information: number of accessory devices in device group, number of paired devices).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a non-transitory computer readable storage medium, the computer readable storage medium recording an executable computer program as taught by Movva in the system of Vandwalle to present a selectable element with a query on whether to continue to find devices from the group of devices (See Para. 0009; lines 4-5).
Allowable Subject Matter
9. Claims 2-6 & 12-16 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.
Conclusion
10. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure.
A. Baghel et al. 2019/0239118 A1 (Title: Techniques for managing vehicle-to-everything (V2X) capability….) (See Abstract, Para. 0012 & 0037-0038).
B. Parkvall et al. 2017/0331670 A1 (Title: Network architecture, method and device for a wireless communication network) (See abstract, Para. 0006 & 00813-0016).
C. Wang et al. 2018/0167965 A1 (Title: PUCCH design with flexible symbol configuration) (See FIG. 1, Para. 0046, 0050 & 0160).
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 8a.m.-4p.m. 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, Ian Moore can be reached on (571)272-3085. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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.
/MEWALE A AMBAYE/Primary Examiner, Art Unit 2469