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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 26, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the pending claims 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, 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, 9-11, 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).
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([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], [0030] and Figs. 1-3, a device broadcasting advertisement message that includes the device’s status indicator).
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 teaching of Lewis ‘506, since such modification would enable a user to know the devices operation status during interaction, thereby improving user experience, as suggested by Lewis ‘506(0001]-[0002]).
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] and Fig. 3, BLE device advertising/broadcasting using a channel with a center frequency of 2424 MHz).
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 incorporating the teaching of Fujita ‘031, since such modification would enable to transmit advertisement packets of a desired size with a low power consumption, as suggested by Fujita ‘031([0003], [005], [0007]).
Regarding claims 2 and 10 the combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 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 and Fujita ‘031 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 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 ([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],[0030] and Figs. 1-3, a device broadcasting advertisement message that includes the device’s status indicator).
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 teaching of Lewis ‘506, since such modification would enable a user to know the devices operation status during interaction, thereby improving user experience, as suggested by Lewis ‘506(0001]-[0002]).
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] and Fig. 3, BLE device receiving an advertising/broadcasting signal via a channel with a center frequency of 2424 MHz).
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 incorporating the teaching of Fujita ‘031, since such modification would enable to transmit advertisement packets of a desired size with a low power consumption, as suggested by Fujita ‘031([0003], [005], [0007]).
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], [0030] and Figs. 1-3, a device broadcasting advertisement message that includes the device’s status indicator).
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 teaching of Lewis ‘506, since such modification would enable a user to know the devices operation status during interaction, thereby improving user experience, as suggested by Lewis ‘506([0001]-[0002]).
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] and Fig. 3, BLE device advertising/broadcasting using a channel with a center frequency of 2424 MHz).
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 incorporating the teaching of Fujita ‘031, since such modification would enable to transmit advertisement packets of a desired size with a low power consumption, as suggested by Fujita ‘031([0003], [005], [0007]).
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], [0030] and Figs. 1-3, a device broadcasting advertisement message that includes the device’s status indicator).
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 teaching of Lewis ‘506, since such modification would enable a user to know the devices operation status during interaction, thereby improving user experience, as suggested by Lewis ‘506(0001]-[0002]).
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] and Fig. 3, BLE device receiving an advertising/broadcasting signal via a channel with a center frequency of 2424 MHz).
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 incorporating the teaching of Fujita ‘031, since such modification would enable to transmit advertisement packets of a desired size with a low power consumption, as suggested by Fujita ‘031([0003], [005], [0007]).
Claims 4, 5, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee ‘435, Lewis ‘506 and Fujita ‘031 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 and Fujita ‘031 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 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]).
Regarding claims 5 and 13, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Rcunamaki ‘645 teaches all of the claim limitations, Rcunamaki ‘645 further 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]).
Claims 6, 7, 14, 15, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lee ‘435, Lewis ‘506 and Fujita ‘031 as applied to claims above, and further in view of Lopez et al(US 2023/0179239 A1).
Regarding claims 6, 14, 21 and 23, the combination of Lee ‘435, Lewis ‘506 and Fujita ‘031 teaches all of the claim limitations except, 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] a symbol rate of 1 MHz which is a divisor of 1 MHz is disclosed).
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 and Fujita ‘031, by incorporating the teaching of Lopez ‘239, since such modification would provide an improved method and apparatus for generation of modulated signals by means of backscattering in a wireless communication network, as suggested by Lopez ‘239([0008]).
Regarding claims 7 and 15, the combination of Lee ‘435, Lewis ‘506, Fujita ‘031 and Lopez ‘239 teaches all of the claim limitations, Rcunamaki ‘645 further teaches, 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).
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/AWET HAILE/ Primary Examiner, Art Unit 2474