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 .
Response to Argument
Applicant’s arguments see pages 6-11 filed on June 29, 2026 have been fully considered but they are not persuasive.
Claim Rejections – 35 USC§ 103
A. Regarding amended independent claims 1 , 9, 17 and 22, Applicant argues that, “The amended claim does not merely recite a 1 MHz symbol rate—it requires that the symbol rate be ‘a divisor of 1 MHz,’ which is a mathematical relationship further defining a class of permissible values (e.g., 1 MHz, 500 kHz, 250 kHz, 200 kHz, 125 kHz, 100 kHz, etc.).” Applicant further argues: “Lopez ’239 does not disclose, teach, or suggest this mathematical relationship as a design principle for broadcast channel symbol rates.” (Remarks, page 7, Section III.B(1), second and third paragraph).
Examiner respectfully disagrees, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239, in particular Lopez ‘239 ([0068] and Figs. 7-8), teaches generating GFSK-like signal having a “data symbol rate 1 MHZ, such as a BLE signal”. A symbol rate of 1 MHZ is a divisor of 1 MHz as 1 MHz divided by 1 MHz equals the integer one (no remainder). Thus, the 1 MHz symbol rate disclosed by Lopez ‘239 reads on the claimed divisor relationship.
Furthermore, claim 1 does not require a rule for selecting symbol rates, support for multiple divisor values, or selection from a set containing every divisor of 1 MHz. Claim 1 requires only that the symbol rate of the first broadcast channel be “a divisor of 1 MHz.” Because 1 MHz is divisible by 1 MHz without a remainder, Lopez’s expressly disclosed 1 MHz symbol rate satisfies the limitation. Moreover, the reason Lopez ’239 employs the 1 MHz rate does not alter the objective technical relationship possessed by the disclosed rate. The claim does not require that the transmitting node recognize the mathematical relationship, select the rate because it is a divisor, or support other divisor values.
Applicant further argues that “The relevance of a 1 MHz symbol rate in a backscatter context is a consequence of backscatter protocol constraints, not an affirmative teaching that broadcast channel symbol rates should be selected from the set of divisors of 1 MHz.”. Applicant further argues “The symbol rate in such a system is not a design parameter freely chosen by the transmitting node. Instead, it is constrained by the backscatter modulation mechanism itself and by the carrier frequency of the incident wave.” (Remarks, page 7, Section III.B(2), second paragraph).
Examiner disagrees, the rejection does not rely on Lopez ’239 for a general rule that every broadcast-channel symbol rate must be selected from all divisors of 1 MHz. Lopez ’239 is relied upon for its express teaching of a 1 MHz data symbol rate for a GFSK-like BLE signal. Whether the rate in Lopez is selected freely or results from the disclosed implementation does not change the fact that the transmitted signal has a 1 MHz symbol rate and that 1 MHz is a divisor of 1 MHz. Claim 1 does not require that the symbol rate be freely selectable, dynamically selected, selected based on a mathematical calculation, or selected independently of other physical-layer parameters.
Furthermore, Lopez ’239 is not relied upon for bodily incorporation of its antenna-load switching arrangement, impedance network, or other backscatter hardware into the Lee/Lewis/Fujita system. Lopez ’239 is relied upon for the physical-layer teaching that a GFSK-like BLE signal may have a 1 MHz data symbol rate. Fujita ’031 teaches BLE advertising over a secondary advertising channel centered at 2424 MHz, and Lewis ’506 teaches broadcasting device-status advertisements using a BLE transmitter. A person of ordinary skill implementing the BLE channel taught by Fujita would have recognized Lopez’s expressly identified 1 MHz BLE symbol rate as a known and predictable rate for that BLE-compatible signal. The test for obviousness is what the combined teachings of the references would have suggested to a person of ordinary skill, rather than whether the structure of one reference can be bodily incorporated into the structure of another. See In re Keller, 642 F.2d 413, 425 (CCPA 1981).
Applicant argues “The claimed invention involves an active communication node that independently generates broadcast information and transmits it on a first broadcast channel.”…“A POSITA designing an active broadcast system would not consult a backscatter modulation paper to determine the mathematical relationship governing permissible symbol rates.”(Remarks, page 7, Section III.B(2), third paragraph.).
Examiner respectfully disagrees, claim 1 does not recite an “active communication node,” an independently generated RF carrier, a power amplifier, or any limitation excluding passive or semi-passive transmission arrangements. Claim 1 recites generating broadcast information and sending that information on a broadcast channel. The characterization of the claimed node as necessarily “active” appears only in Applicant’s remarks and cannot be imported into the claim.
In addition, the rejection does not require replacing Lee’s transmitter with Lopez’s backscatter transmitter. Lopez is relied upon only for its expressly disclosed 1 MHz BLE symbol rate. The pertinent connection is between Fujita’s BLE advertising channel centered at 2424 MHz and Lopez’s expressly identified 1 MHz GFSK-like BLE signal. Thus, even assuming arguendo that the claimed transmitting node were restricted to an active transmitter, the cited combination does not require that the modified node operate by backscattering.
Applicant argues, “Lee ’435 and Lewis ’506 address different technical problems and are not combinable without impermissible hindsight.” …“The motivation provided in the Office Action for combining these references—that doing so ‘would enable a user to know the device’s operation status during interaction, thereby improving user experience’—is a conclusory, results-oriented assertion that does not explain why a POSITA designing Lee ’435’s encrypted content-delivery system would consult a BLE device-status advertisement reference….” (Remarks, page 8, Section III.C(1), fourth paragraph.)
Examiner disagrees, Lee ’435 teaches a set-top box that generates an encrypted broadcast and wirelessly transmits the broadcast information through a channel in the 2.4 GHz band (Lee ’435, [0045], [0048]-[0055], [0058]-[0062] and Figs. 2-3). Lewis ’506 teaches obtaining the current status of a device, encoding the status information into an advertisement, and broadcasting the advertisement from a transmitter attached to or integrated with the device (Lewis ’506, [0002]-[0007], [0015], [0024]-[0030] and Figs. 1-3).
Lewis ’506 expressly identifies a television or set-top box as a device whose status may be broadcast. Lewis further teaches that the status may include the current operating mode, channel, input source, DVR state, or program information and that the status-reporting unit may be a BLE beacon (Lewis ’506, [0027], [0040]-[0045]). Accordingly, Lewis is not remote from Lee’s set-top-box system; it expressly addresses broadcasting status information associated with the same type of television or set-top-box equipment disclosed by Lee. The reason for the modification is expressly supplied by Lewis. Lewis explains that the operating state of a device is often unknown to the user and teaches broadcasting status information so that a receiving user device can determine the device’s current state (Lewis ’506, [0001]-[0003]). A person of ordinary skill would therefore have had reason to include Lewis’s status information in the information transmitted by Lee’s node so that a user could determine the operational status of the transmitting television or set-top box. The modification would have produced the predictable result expressly contemplated by Lewis.
The rejection also does not require that Lewis’s advertisement be inserted into Lee’s encrypted media stream in a manner requiring fundamental reconstruction of Lee’s encryption architecture. Claim 1 does not require a particular payload format, encryption structure, or that all broadcast information be contained in a single media-content packet. The combination requires only that the information generated and sent by the node include or convey an indication of the node’s status. Adding known status data or transmitting a status advertisement using the node’s wireless transmitter would have been within the ordinary capabilities of a person skilled in wireless communication and would not render Lee unsatisfactory for its intended purpose.
Applicant argues “Fujita ’031’s 2424 MHz channel is a BLE protocol-mandated frequency, not a freely adoptable design parameter.” Applicant further argues “This channel assignment is mandated by the Bluetooth specification and is not a design parameter that a POSITA may freely transplant into a non-BLE system. Lee ’435 employs no BLE protocol stack.” (Remarks, page 8, Section III.C(2), second paragraph).
Examiner disagrees, the fact that Fujita’s 2424 MHz center frequency is defined by the BT5/BLE standard does not negate its availability as a prior-art technical teaching. To the contrary, its standardized use provides a reason for a skilled artisan implementing BLE advertising to use the known channel and supports a reasonable expectation that compatible BLE receiving devices could receive the transmission.
The rejection does not apply Fujita’s 2424 MHz channel directly to Lee in isolation. Lewis ’506 expressly teaches Bluetooth/BLE status advertisements from a television or set-top box, thereby supplying the BLE functionality in the combined system. Fujita ’031 then teaches that BT5 advertisement information may be transmitted using secondary advertising channels and expressly identifies channel ID 11 as having a center frequency of 2424 MHz (Fujita ’031, [0037]-[0038], [0041]-[0047] and Fig. 3B).
Thus, a person of ordinary skill implementing Lewis’s BLE status-advertising functionality in Lee’s transmitting device would have had reason to use one of Fujita’s standardized BLE secondary advertising channels, including the channel centered at 2424 MHz. Using a known standardized channel for its established BLE advertising purpose would have been a predictable implementation choice, not an arbitrary transplantation into an unrelated system.
Applicant argues “To reject the amended claims, the Examiner must establish that a POSITA would have combined teachings from four distinct references drawn from four unrelated technical domains.” Applicant further argues “No reference discloses, teaches, or suggests consulting any of the other three. The sole thread connecting these four references is the language of Applicant’s own amended claims.” (Remarks, page 9, Section III.D, second paragraph).
Examiner disagrees, there is no prohibition against relying on four references in an obviousness rejection. The number of references is not determinative. The relevant inquiry is whether the combined teachings would have suggested the claimed subject matter to a person of ordinary skill and whether an articulated reason supported by rational underpinnings exists for the modifications.
The asserted references are also not connected solely by Applicant’s disclosure:
Lee ’435 teaches generating and wirelessly transmitting broadcast information from a television set-top box in the 2.4 GHz frequency band.
Lewis ’506 expressly teaches a television or set-top box having an associated BLE status-reporting unit that generates and broadcasts device-status information.
Fujita ’031 teaches BT5/BLE advertisement transmission using a secondary advertising channel centered at 2424 MHz.
Lopez ’239 expressly teaches a GFSK-like BLE signal having a 1 MHz data symbol rate.
Accordingly, Lee and Lewis are connected by their express application to televisions and set-top boxes; Lewis and Fujita are connected by BLE advertisement transmission; and Fujita and Lopez are connected by their express BLE physical-layer teachings. These express technical relationships provide an evidentiary basis for the combination independent of Applicant’s disclosure.
The combination also represents the predictable use of known features according to their established functions: Lewis’s status data indicates the transmitting device’s state; Fujita’s 2424 MHz channel carries BLE advertisement information; and Lopez’s 1 MHz rate provides the known symbol rate for a GFSK-like BLE signal. Applicant has not identified a teaching away, an operational incompatibility required by the claim, or evidence that the proposed use of the cited teachings would have been beyond the level of ordinary skill. Rejection of the Claims under 35 U.S.C. 103 is therefore maintained.
B. Regarding dependent claims 2-5, 7, 10-13 and 15 the Applicant argues these claims conditionally on that of their parent independent claims.
Applicant's arguments are unpersuasive and, therefore, the rejections of these claims are hereby maintained.
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 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.
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.
Claims 1-3, 7, 9-11, 15, 17 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2009/0298435 A1) in view of Fujita (US 2020/0367031 A1) and further in view of Lewis et al(US 2017/0251506 A1) and Lopez et al(US 2023/0179239 A1).
Regarding claim 1, Lee ‘435 teaches, a communication method, comprising: generating broadcast information ([0051], [0052] and Figs. 2-3, STB 200 generating encrypted broadcast information); and sending the broadcast information on a first broadcast channel comprised in at least one broadcast channel on a Predefined frequency band ([0051], [0052]-[0055], [0058]-[0062] and Figs. 2-3, the second transmission unit 240-2 transmits the broadcast through one of a predefined plurality of channels in the 2.4 GHz frequency band).
Lee ‘435 does not explicitly teach, wherein, the broadcast information indicates a status of a node sending the broadcast information.
Lewis ‘506 teaches, wherein, the broadcast information indicates a status of a node sending the broadcast information ([0015], [0016], [0024]-[0030] and Figs. 1-3, a device having an integrated transmitter or status-reporting unit that obtains the device’s current operating state, generates an advertisement containing the status information and broadcasts the advertisement over wireless short-rang interface, Lewis ‘506 further teaches that the device may be a television or STB and that a BLE status-reporting unit periodically generates and transmits advertisements indicating the device’s current operating mode, channel input source or other device status([0040]-[0045])).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘435, by incorporating the status-information teaching of Lewis ‘506, such that the broadcast information transmitted by Lee ‘435 transmitting node includes an indication of the status of that node. A person of ordinary skill would have been motivated to make the modification because Lewise ‘506 expressly recognizes that the operational state of a device is often unknow to a user and teaches broadcasting the status information so that the user can determine the device’s current operation state during interaction (Lewise ‘506 [0001]-[0003]). The modification would predictably improve the information available to the receiving user without altering Lee ‘435 fundamental function of generating and wirelessly transmitting broadcast information.
The combination of Lee ‘435 and Lewis ‘506 does not explicitly teach, a center frequency of the first broadcast channel is 2424 MHz.
Fujita ‘031 teaches, a center frequency of the first broadcast channel is 2424 MHz([0003], [0038], [0041]-[0047] and Fig. 3, Fujita ‘031 teaches BT5/BLE advertisement transmission using secondary advertising channel and identifies channel ID 11 as having a center frequency of 2124 MHz([0038] and Fig. 3B), Fujita ‘031 further teaches transmitting advertisement information using such secondary advertising channels([0041]-[0047]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435 and Lewis ‘506, by using Fujita ‘031 BLE secondary advertising channel centered at 2424 MHz as the first broadcast channel for transmitting the status-containing broadcast information. A person of ordinary skill would have been motivated to make this modification because Lewise ‘506 already teaches broadcasting status advertisements using a Bluetooth or BLE transmitter(Lewise ‘506, [0025], [0030]) , while Fujita ‘031 teaches the available BT5/BLE advertising channels and the use of secondary advertising channels to transmit advertisement information, including larger amounts of application data (Fujita ‘031, [0003]-[0005], [0041]-[0047]). Using Fujita’s known 2424 MHz secondary advertising channel in the Bluetooth-bases status-broadcast system of Lewis ‘506, as incorporated into Lee ‘435, would have enabled transmission of the status-containing advertisement information on a known BLE channel while supporting the desired advertisement size and conserving power, as suggested by Fujita ‘031. The result would have been a predictable use of a known BLE advertising channel for its established purpose.
The combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 does not explicitly teach, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz.
Lopez ‘239 teaches, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz ([0068] and Figs. 7-8, Lopez ‘239 teaches generating GFSK-like signal having a “data symbol rate 1 MHZ, such as a BLE signal”. A symbol rate of 1 MHZ is a divisor of 1 MHz as 1 MHz divided by 1 MHz equals the integer one. Thus, the 1 MHz symbol rate disclosed by Lopez ‘239 reads on the claimed divisor relationship).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the combined communication system of Lee ‘435, Lewis ‘506 and Fujita ‘031by incorporating the known 1 MHz BLE data symbol rate taught by Lopez ‘239 for the BLE broadcast channel centered at 2424 MHz. A person of ordinary skill would have been motivated to make the modification because Fujita ‘031 teaches BT5/BLE advertisement transmission over the 2424 MHz secondary advertising channel, Lewis ‘506 teaches broadcasting device-status advertisements using a BLE transmitter, and Lopez ‘239 teaches that a GFSK-like BLE signal has a 1 MHz data symbol rate. Employing Lopez ‘239 known BLE symbol rate in the BLE advertising channel of Fujita ‘031 would have provided BLE-compatible modulation, predictable receiver interoperability, and an established physical layer rate for transmitting the status-containing broadcasting information. This constitutes the use of a known BLE physical-layer parameter in a known BLE communication channel according to its established function and would have produced no more than the predictable result of transmitting a BLE-compatible signal at a 1 MHz symbol rate.
Regarding claims 2 and 10, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations above, Lee ‘435 further taches, wherein the center frequency of the first broadcast channel belongs to a first set, and the first set comprises one or more of the following: at least one of 2403 MHz or 2404 MHz; at least one of 2420 MHz, 2421 MHz, 2422 MHz, 2423 MHz, or 2424 MHz; or 2481 MHz( [0052], [0062] and Figs. 2-3, a set comprising the 2422 MHz, notice claim 2 only requires that the broadcast channel use at least one frequency from enumerated sets, thus a single disclosed frequency(2422 MHz) in Lee ‘435 anticipates this claim limitation).
Regarding claims 3 and 11, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations above, Lee ‘435 further taches, wherein the at least one broadcast channel further comprises a second broadcast channel, a center frequency of the second broadcast channel belongs to the first set( [0051], [0052], [0062] and Figs. 2-3, plurality of broadcast channels, with center frequency 2412MHz, 2417MHz), and the center frequency of the second broadcast channel is different from the center frequency of the first broadcast channel( [0051], [0052], [0062] and Figs. 2-3, plurality of broadcast channels, with center frequency 2412MHz, 2417MHz).
Regarding claims 7 and 15, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations above, Lopez ‘239 further taches, wherein the symbol rate of the first broadcast channel is 1 MHz, 500 kHz, 250 kHz, 125 kHz, 200 kHz, or 100 kHz([0068] a symbol rate of 1 MHz which is a divisor of 1 MHz is disclosed).
Regarding claim 9, Lee ‘435 teaches, a communication method, comprising: performing detection on at least one broadcast channel ([0051], [0052] and Figs. 2-3, DTV 300 receiving wireless signal from the STB 200); and receiving broadcast information on a first broadcast channel comprised in the at least one broadcast channel on a predefined frequency band([0051], [0052], [0062] and Figs. 2-3, DTV 300 receiving encrypted broadcast information on a broadcast channel).
Lee ‘435 does not explicitly teach, wherein the broadcast information indicates a status of a node sending the broadcast information.
Lewis ‘506 teaches, wherein the broadcast information indicates a status of a node sending the broadcast information([0015], [0016], [0024]-[0030] and Figs. 1-3, a device having an integrated transmitter or status-reporting unit that obtains the device’s current operating state, generates an advertisement containing the status information and broadcasts the advertisement over wireless short-rang interface, Lewis ‘506 further teaches that the device may be a television or STB and that a BLE status-reporting unit periodically generates and transmits advertisements indicating the device’s current operating mode, channel input source or other device status([0040]-[0045])).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘435, by incorporating the status-information teaching of Lewis ‘506, such that the broadcast information transmitted by Lee ‘435 transmitting node includes an indication of the status of that node. A person of ordinary skill would have been motivated to make the modification because Lewise ‘506 expressly recognizes that the operational state of a device is often unknow to a user and teaches broadcasting the status information so that the user can determine the device’s current operation state during interaction (Lewise ‘506 [0001]-[0003]). The modification would predictably improve the information available to the receiving user without altering Lee ‘435 fundamental function of generating and wirelessly transmitting broadcast information.
The combination of Lee ‘435 and Lewis ‘506 does not explicitly teach, a center frequency of the first broadcast channel is 2424 MHz.
Fujita ‘031 teaches, a center frequency of the first broadcast channel is 2424 MHz([0003], [0038], [0041]-[0047] and Fig. 3, Fujita ‘031 teaches BT5/BLE advertisement transmission using secondary advertising channel and identifies channel ID 11 as having a center frequency of 2124 MHz([0038] and Fig. 3B), Fujita ‘031 further teaches transmitting advertisement information using such secondary advertising channels([0041]-[0047]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435 and Lewis ‘506, by using Fujita ‘031 BLE secondary advertising channel centered at 2424 MHz as the first broadcast channel for transmitting the status-containing broadcast information. A person of ordinary skill would have been motivated to make this modification because Lewise ‘506 already teaches broadcasting status advertisements using a Bluetooth or BLE transmitter(Lewise ‘506, [0025], [0030]) , while Fujita ‘031 teaches the available BT5/BLE advertising channels and the use of secondary advertising channels to transmit advertisement information, including larger amounts of application data (Fujita ‘031, [0003]-[0005], [0041]-[0047]). Using Fujita’s known 2424 MHz secondary advertising channel in the Bluetooth-bases status-broadcast system of Lewis ‘506, as incorporated into Lee ‘435, would have enabled transmission of the status-containing advertisement information on a known BLE channel while supporting the desired advertisement size and conserving power, as suggested by Fujita ‘031. The result would have been a predictable use of a known BLE advertising channel for its established purpose.
The combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 does not explicitly teach, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz.
Lopez ‘239 teaches, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz ([0068] and Figs. 7-8, Lopez ‘239 teaches generating GFSK-like signal having a “data symbol rate 1 MHZ, such as a BLE signal”. A symbol rate of 1 MHZ is a divisor of 1 MHz as 1 MHz divided by 1 MHz equals the integer one. Thus, the 1 MHz symbol rate disclosed by Lopez ‘239 reads on the claimed divisor relationship).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the combined communication system of Lee ‘435, Lewis ‘506 and Fujita ‘031by incorporating the known 1 MHz BLE data symbol rate taught by Lopez ‘239 for the BLE broadcast channel centered at 2424 MHz. A person of ordinary skill would have been motivated to make the modification because Fujita ‘031 teaches BT5/BLE advertisement transmission over the 2424 MHz secondary advertising channel, Lewis ‘506 teaches broadcasting device-status advertisements using a BLE transmitter, and Lopez ‘239 teaches that a GFSK-like BLE signal has a 1 MHz data symbol rate. Employing Lopez ‘239 known BLE symbol rate in the BLE advertising channel of Fujita ‘031 would have provided BLE-compatible modulation, predictable receiver interoperability, and an established physical layer rate for transmitting the status-containing broadcasting information. This constitutes the use of a known BLE physical-layer parameter in a known BLE communication channel according to its established function and would have produced no more than the predictable result of transmitting a BLE-compatible signal at a 1 MHz symbol rate.
Regarding claim 17, Lee ‘435 teaches, a communication apparatus([0051], [0052] and Figs. 2-3, STB 200) a transceiver; one or more processors; and a non-transitory computer readable medium storing a program to be executed by the one or more processors([0051], [0052] and Figs. 2-3, STB 200, controller and memory ), wherein the program comprises instructions that, when executed by the one or more processors( [0051], [0053], [0062] and Figs. 2-3, STB 200 comprising transmission unit 240 for transmitting the encrypted broadcast), cause the communication apparatus to perform operations comprising:
generating broadcast information ([0051], [0052] and Figs. 2-3, STB 200 generating encrypted broadcast information); and sending the broadcast information on a first broadcast channel comprised in at least one broadcast channel ([0051], [0052], [0062] and Figs. 2-3, STB 200 transmitting the encrypted broadcast information on one of the broadcast channels within a 2.4 GHz frequency band).
Lee ‘435 does not explicitly teach, wherein, the broadcast information indicates a status of a node sending the broadcast information.
Lewis ‘506 teaches, wherein, the broadcast information indicates a status of a node sending the broadcast information ([0015], [0016], [0024]-[0030] and Figs. 1-3, a device having an integrated transmitter or status-reporting unit that obtains the device’s current operating state, generates an advertisement containing the status information and broadcasts the advertisement over wireless short-rang interface, Lewis ‘506 further teaches that the device may be a television or STB and that a BLE status-reporting unit periodically generates and transmits advertisements indicating the device’s current operating mode, channel input source or other device status([0040]-[0045])).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘435, by incorporating the status-information teaching of Lewis ‘506, such that the broadcast information transmitted by Lee ‘435 transmitting node includes an indication of the status of that node. A person of ordinary skill would have been motivated to make the modification because Lewise ‘506 expressly recognizes that the operational state of a device is often unknow to a user and teaches broadcasting the status information so that the user can determine the device’s current operation state during interaction (Lewise ‘506 [0001]-[0003]). The modification would predictably improve the information available to the receiving user without altering Lee ‘435 fundamental function of generating and wirelessly transmitting broadcast information.
The combination of Lee ‘435 and Lewis ‘506 does not explicitly teach, a center frequency of the first broadcast channel is 2424 MHz.
Fujita ‘031 teaches, a center frequency of the first broadcast channel is 2424 MHz([0003], [0038], [0041]-[0047] and Fig. 3, Fujita ‘031 teaches BT5/BLE advertisement transmission using secondary advertising channel and identifies channel ID 11 as having a center frequency of 2124 MHz([0038] and Fig. 3B), Fujita ‘031 further teaches transmitting advertisement information using such secondary advertising channels([0041]-[0047]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435 and Lewis ‘506, by using Fujita ‘031 BLE secondary advertising channel centered at 2424 MHz as the first broadcast channel for transmitting the status-containing broadcast information. A person of ordinary skill would have been motivated to make this modification because Lewise ‘506 already teaches broadcasting status advertisements using a Bluetooth or BLE transmitter(Lewise ‘506, [0025], [0030]) , while Fujita ‘031 teaches the available BT5/BLE advertising channels and the use of secondary advertising channels to transmit advertisement information, including larger amounts of application data (Fujita ‘031, [0003]-[0005], [0041]-[0047]). Using Fujita’s known 2424 MHz secondary advertising channel in the Bluetooth-bases status-broadcast system of Lewis ‘506, as incorporated into Lee ‘435, would have enabled transmission of the status-containing advertisement information on a known BLE channel while supporting the desired advertisement size and conserving power, as suggested by Fujita ‘031. The result would have been a predictable use of a known BLE advertising channel for its established purpose.
The combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 does not explicitly teach, a symbol rate of the first broadcast channel is a divisor of 1 MHz.
Lopez ‘239 teaches, a symbol rate of the first broadcast channel is a divisor of 1 MHz ([0068] and Figs. 7-8, Lopez ‘239 teaches generating GFSK-like signal having a “data symbol rate 1 MHZ, such as a BLE signal”. A symbol rate of 1 MHZ is a divisor of 1 MHz as 1 MHz divided by 1 MHz equals the integer one. Thus, the 1 MHz symbol rate disclosed by Lopez ‘239 reads on the claimed divisor relationship).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the combined communication system of Lee ‘435, Lewis ‘506 and Fujita ‘031by incorporating the known 1 MHz BLE data symbol rate taught by Lopez ‘239 for the BLE broadcast channel centered at 2424 MHz. A person of ordinary skill would have been motivated to make the modification because Fujita ‘031 teaches BT5/BLE advertisement transmission over the 2424 MHz secondary advertising channel, Lewis ‘506 teaches broadcasting device-status advertisements using a BLE transmitter, and Lopez ‘239 teaches that a GFSK-like BLE signal has a 1 MHz data symbol rate. Employing Lopez ‘239 known BLE symbol rate in the BLE advertising channel of Fujita ‘031 would have provided BLE-compatible modulation, predictable receiver interoperability, and an established physical layer rate for transmitting the status-containing broadcasting information. This constitutes the use of a known BLE physical-layer parameter in a known BLE communication channel according to its established function and would have produced no more than the predictable result of transmitting a BLE-compatible signal at a 1 MHz symbol rate.
Regarding claim 22, Lee ‘435 teaches, a communication apparatus([0051], [0052] and Figs. 2-3, DTV 200), comprising: a transceiver; one or more processors; and a non-transitory computer readable medium storing a program to be executed by the one or more processors, wherein the program comprises instructions that( [0051], [0057], DTV 300 comprising transmission and reception units 310 and control units for detecting and processing received signals), when executed by the one or more processors, cause the communication apparatus to perform operations comprising: performing detection on at least one broadcast channel ([0051], [0052] and Figs. 2-3, DTV 300 receiving wireless signal from the STB 200); and receiving broadcast information on a first broadcast channel comprised in the at least one broadcast channel( [0051], [0052], [0062] and Figs. 2-3, DTV 300 receiving encrypted broadcast information on a broadcast channel).
Lee ‘435 does not explicitly teach, wherein the broadcast information indicates a status of a node sending the broadcast information.
Lewis ‘506 teaches, wherein the broadcast information indicates a status of a node sending the broadcast information([0015], [0016], [0024]-[0030] and Figs. 1-3, a device having an integrated transmitter or status-reporting unit that obtains the device’s current operating state, generates an advertisement containing the status information and broadcasts the advertisement over wireless short-rang interface, Lewis ‘506 further teaches that the device may be a television or STB and that a BLE status-reporting unit periodically generates and transmits advertisements indicating the device’s current operating mode, channel input source or other device status([0040]-[0045])).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘435, by incorporating the status-information teaching of Lewis ‘506, such that the broadcast information transmitted by Lee ‘435 transmitting node includes an indication of the status of that node. A person of ordinary skill would have been motivated to make the modification because Lewise ‘506 expressly recognizes that the operational state of a device is often unknow to a user and teaches broadcasting the status information so that the user can determine the device’s current operation state during interaction (Lewise ‘506 [0001]-[0003]). The modification would predictably improve the information available to the receiving user without altering Lee ‘435 fundamental function of generating and wirelessly transmitting broadcast information.
The combination of Lee ‘435 and Lewis ‘506 does not explicitly teach, a center frequency of the first broadcast channel is 2424 MHz.
Fujita ‘031 teaches, a center frequency of the first broadcast channel is 2424 MHz([0003], [0038], [0041]-[0047] and Fig. 3, Fujita ‘031 teaches BT5/BLE advertisement transmission using secondary advertising channel and identifies channel ID 11 as having a center frequency of 2124 MHz([0038] and Fig. 3B), Fujita ‘031 further teaches transmitting advertisement information using such secondary advertising channels([0041]-[0047]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435 and Lewis ‘506, by using Fujita ‘031 BLE secondary advertising channel centered at 2424 MHz as the first broadcast channel for transmitting the status-containing broadcast information. A person of ordinary skill would have been motivated to make this modification because Lewise ‘506 already teaches broadcasting status advertisements using a Bluetooth or BLE transmitter(Lewise ‘506, [0025], [0030]) , while Fujita ‘031 teaches the available BT5/BLE advertising channels and the use of secondary advertising channels to transmit advertisement information, including larger amounts of application data (Fujita ‘031, [0003]-[0005], [0041]-[0047]). Using Fujita’s known 2424 MHz secondary advertising channel in the Bluetooth-bases status-broadcast system of Lewis ‘506, as incorporated into Lee ‘435, would have enabled transmission of the status-containing advertisement information on a known BLE channel while supporting the desired advertisement size and conserving power, as suggested by Fujita ‘031. The result would have been a predictable use of a known BLE advertising channel for its established purpose.
The combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 does not explicitly teach, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz.
Lopez ‘239 teaches, wherein a symbol rate of the first broadcast channel is a divisor of 1 MHz ([0068] and Figs. 7-8, Lopez ‘239 teaches generating GFSK-like signal having a “data symbol rate 1 MHZ, such as a BLE signal”. A symbol rate of 1 MHZ is a divisor of 1 MHz as 1 MHz divided by 1 MHz equals the integer one. Thus, the 1 MHz symbol rate disclosed by Lopez ‘239 reads on the claimed divisor relationship).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the combined communication system of Lee ‘435, Lewis ‘506 and Fujita ‘031by incorporating the known 1 MHz BLE data symbol rate taught by Lopez ‘239 for the BLE broadcast channel centered at 2424 MHz. A person of ordinary skill would have been motivated to make the modification because Fujita ‘031 teaches BT5/BLE advertisement transmission over the 2424 MHz secondary advertising channel, Lewis ‘506 teaches broadcasting device-status advertisements using a BLE transmitter, and Lopez ‘239 teaches that a GFSK-like BLE signal has a 1 MHz data symbol rate. Employing Lopez ‘239 known BLE symbol rate in the BLE advertising channel of Fujita ‘031 would have provided BLE-compatible modulation, predictable receiver interoperability, and an established physical layer rate for transmitting the status-containing broadcasting information. This constitutes the use of a known BLE physical-layer parameter in a known BLE communication channel according to its established function and would have produced no more than the predictable result of transmitting a BLE-compatible signal at a 1 MHz symbol rate.
Claims 4, 5, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 as applied to claims above, and further in view of Rcunamaki et al(US 2004/0038645 A1).
Regarding claims 4 and 12 the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations except, wherein the predefined frequency band comprises at least one available center frequency, a center frequency with a lowest frequency in the at least one available center frequency is 2403 MHz or 2404 MHz, a center frequency with a highest frequency in the at least one available center frequency is 2481 MHz, and the at least one available center frequency is a center frequency of a broadcast channel and/or a data channel.
Rcunamaki ‘645 teaches, wherein the predefined frequency band comprises at least one available center frequency, a center frequency with a lowest frequency in the at least one available center frequency is 2403 MHz or 2404 MHz([0031]-[0033] and Figs. 3A-B, channel with 2403 MHz center frequency), a center frequency with a highest frequency in the at least one available center frequency is 2481 MHz([0031]-[0033] and Figs. 3A-B, channel with 2481 MHz center frequency), and the at least one available center frequency is a center frequency of a broadcast channel and/or a data channel([0031]-[0033] and Figs. 3A-B, channel with 2481 MHz center frequency).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239, by incorporating the teaching of Rcunamaki ‘645, since such modification would provide systems and methods for implementing a short-range wireless communication system, as suggested by Rcunamaki ‘645([0003], [0004]).
Regarding claims 5 and 13, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations except, wherein on the predefined frequency band, a frequency interval between center frequencies of two data channels that are adjacent in frequency is less than or equal to a frequency interval between center frequencies of a data channel and a broadcast channel that are adjacent in frequency.
Rcunamaki ‘645 teaches, wherein on the predefined frequency band, a frequency interval between center frequencies of two data channels that are adjacent in frequency is less than or equal to a frequency interval between center frequencies of a data channel and a broadcast channel that are adjacent in frequency([0031] and Fig. 3B, adjacent data channels separated by 1MHz while data-broadcast spacing is 3MHz, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combined communication system of Lee ‘435 and Fujita ‘031, by incorporating the teaching of Rcunamaki ‘645, since such modification would provide systems and methods for implementing a short-range wireless communication system, as suggested by Rcunamaki ‘645([0003], [0004]).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 AWET A HAILE whose telephone number is (571)270-3114. The examiner can normally be reached Monday through Friday 8:30 AM - 4:30 PM EST.
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, Michael Thier can be reached at (571)272-2832. 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.
/AWET HAILE/Primary Examiner, Art Unit 2474
Prosecution Insights