Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Office Action is in response to claims filed on 6/22/2026 where claims 1-2, 4-15, and 21-22 are pending and ready for examination.
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 (i.e., changing from AIA to pre-AIA ) 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.
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
The Examiner has reviewed the Applicant’s argument in their entirety (Pages 8-17)
Applicant’s contention that the respective communication modes constitute “separate communication channels, not as a coordinated process where credentials sent over one link type are used to establish another link type” is directly undermined by Pedro (US 20130189924). Pedro ([0017]) expressly teaches using a separate communication transport path, different from Bluetooth, including NFC, to exchange information from the OOB transfer. Pedro ([0021]) further teaches that the NFC connection is first established, information is exchanged, and thereafter the Bluetooth connection is established.
Applicant further mischaracterizes the evidentiary basis of the rejection by treating Boesen’s disclosure of NFMI as though the Examiner relies upon NFMI to provide the claimed near-field BAN communications link. TH rejection does not rely on Boesen’s NFMI disclosure for that limitation. Rather, Boesen is relied upon for the far-field RF streaming architecture , including Bluetooth communications, while ECMA-340 is relied upon for the near-field communication formation /detection teachings. Accordingly, Applicant’s comparison of “NFMI between earpieces” with “Bluetooth to peripherals” does not accurately address the combination actually set forth in the rejection.
Accordingly, Applicant’s argument improperly treats the disclosed protocols and communication paths as fixed technological boundaries on what one of ordinary skill in the art could combine or implement. The fact that Bosen, ECMA-340, and Rossner disclose different communication functions or protocols does not establish technological incompatibility or preclude their coordinated use.
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.
Claims 1-2, 5--10, 12- 15, and 21 are rejected under 35 USC 103 as being unpatentable over Boesen (US 2018/0277123) in view of ECMA, “Standard ECMA- 340: Near Field Communication- interface and Protocol (NFCIP-1_”, June 2013 and in further view of Rosener (US 2009/0249478) and in further view of Pedro (US 20130189924)
Regarding claim 1, Boesen discloses a method of setting up a wireless data stream comprising:
wirelessly streaming audio data over a first far-field RF communications link between a data source device and a first data sink (Boesen; Boesen teaches a wireless earbud may operate independently to act as a first data sink to consume streamed audio from a peripheral device (i.e. data source device. The audio streaming is facilitated by a first far field RF communications link comprising at least Bluetooth;
see e.g. [0060] “The wireless earpieces 102 may play, display, communicate, or utilize any number of alerts or communications to indicate the commands, actions, activities, communications or status in use or being implemented by the wireless earpieces 102 or the corresponding peripherals 118. For example, one or more alerts may indicate when the wireless earpieces 102 are being utilized with the wireless device 104, such as “audio streaming is activated ...”
see e.g. [0080] “The wireless earpieces 302 may also communicate with any number of other peripherals. ... The wireless earpieces 302 may also function as stand-alone devices or may communicate with the peripheral 304 to receive streamed or discrete content. For example, content may be streamed or otherwise communicated from the peripheral 304 to the wireless earpieces 302. In one embodiment, the wireless earpieces 302 include processors, memories, and sensors allow each of the wireless earpieces 302 to function and otherwise operate independent of each other as well as other devices ....”
see e.g. [0030] “ The wireless earpieces may connect to one or more peripherals as an end-device or as an intermediary-device. For example, an associated wireless device may be utilized as a management device, repeater, range extender, signal booster, or so forth ... “
see e.g. [0031] “The wireless earpieces may include any number of sensors. The sensors may be utilized to sense user input, feedback, and commands. The user input may be received utilizing voice commands, tactile input, head motions, gestures, biometrics or other input. The commands may also represent a combination of user inputs utilized to ensure the peripheral action is only performed as desired by the user. The wireless earpieces may communicate utilizing any number of transceivers. For example, the wireless earpieces may communicate utilizing NFMI. The wireless earpieces may also communicate utilizing Bluetooth, Wi-Fi, cellular, or other transceivers. The transceivers of the wireless earpieces may utilize distinct modes, channels, stacks, interfaces or hardware to enable communications between the wireless earpieces, an associated wireless device, peripherals, and so forth. In some embodiments, the wireless earpieces may not include sensors or may only include minimal sensors. For example, physical touch buttons or switches may be utilized to receive user input or feedback”. );
wirelessly streaming data over the second far-field RF communications link between the data source device and the second data sink device (Boesen ; Boesen teaches a second wireless earbud (i.e. second data sink device) which may operate independently and therefore set up a second far field RF communications link (e.g. Bluetooth) to facilitate the wireless streaming of data;
see e.g. [0080] “The wireless earpieces 302 may also communicate with any number of other peripherals. ... The wireless earpieces 302 may also function as stand-alone devices or may communicate with the peripheral 304 to receive streamed or discrete content. For example, content may be streamed or otherwise communicated from the peripheral 304 to the wireless earpieces 302. In one embodiment, the wireless earpieces 302 include processors, memories, and sensors allow each of the wireless earpieces 302 to function and otherwise operate independent of each other as well as other devices ....”)
Boesen does not expressly disclose,
detecting formation of a near field body area network (BAN) communication link between the first data sink device and a second data sink device;
sending authentication credentials, required to set up a second far-field RF communications link between the data source device and the second data sink device, from the first data sink device to the second data sink device over the near-field body area network (BAN) communications link in response to detecting formation of the near-field BAN communications link; and
setting up the second far-field RF communications link between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device over the BAN communications link;
after the second far-field RF communications link is set up between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device,
ECMA discloses:
detecting formation of a near field body area network (BAN) communication link between the first data sink device and a second data sink device (ECMA; ECMA taches the detection of formation of near field communication networks between NFC enabled devices (e.g. wireless earbuds;
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Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Boesen in view of ECMA does not expressly disclose:
sending authentication credentials, required to set up a second far-field RF communications link between the data source device and the second data sink device, from the first data sink device to the second data sink device over the near-field body area network (BAN) communications link in response to detecting formation of the near-field BAN communications link;
setting up the second far-field RF communications link between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device over the BAN communications link;
after the second far-field RF communications link is set up between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device,
However in analogous art Rosener discloses:
sending authentication credentials, required to set up a second far-field RF communications link between the data source device and the second data sink device, from the first data sink device to the second data sink device over the near-field body area network (BAN) communications link in response to detecting formation of the near-field BAN communications link (Rosener; Rosener within the context of BANs teaches transmitting authentication credentials over a BAN link from a first device (e.g. headset) to a second device in order to enable authenticated communications. This corresponds to sending authentication credentials required to set up a second far fieldRF communications link between the data source device and the second data-sink device a recited;
see e.g. [0099] In FIG. 10 another embodiment is illustrated. This embodiment includes a headset 360 which includes a don/doff detection system, a watch 362 which includes a don/doff detection system, and a cell phone 364. The cell phone 364 or watch 362 or both include near field communication device 365, NFC, for communication to a remote authenticator. The cell phone 364 and watch 362 also communicate with each other and the headset 360 over a BAN 366 (with BAN devices 367) or a PAN. This embodiment also includes a network authentication server 368 and an authenticator such as a car remote authenticator 384. The headset 360 has an authenticator 380 in it and the cell phone 364 includes an authentication server 382. Optionally either the headset 360 or the cell phone 364 could have both an authenticator and an authentication server or neither, but the system should have at least one of each. It should be noted that the user can authenticate to this system using the I/O device of the phone or headset, and the headset/cell authenticator can decide to allow services based on this authentication. Just as in the system discussed above in connection with FIG. 9, a remote authenticator can determine the authentication state by querying the headset or cell phone server over a secure link. Again, the user does not need to re-enter credentials. The short range of NFC localizes the communication, providing security as well as localization of the transaction. The BAN 366 relays digital credentials from the cell phone authentication server 382 or headset authentication server, not shown (the servers can be in either or both) to an NFC device 385, 387 on the remote authenticator 384 or 386 allowing the user to be authenticated without re-entry of credentials”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Boesen in view of ECMA and in further view of Rosener disclose:
setting up the second far-field RF communications link between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device over the BAN communications link (It would have been obvious to one of ordinary skill in the art to use the authentication credentials relayed to the second data sink device over the BAN communications link, as taught by Rosener, to establish the second far field communications link between the data source device and the independently operable second data sink device of Boesen, thereby permitting the second data sink device to establish its own wireless association with the data source using credentials already supplied through the available near field communication path)
after the second far-field RF communications link is set up between the data source device and the second data sink device using the authentication credentials that were sent from the first data sink device to the second data sink device (It would have been obvious to one of ordinary skill in the art that, after establishing the second far-field RF communications link between the data source device and the independently operable second data sink device using the authentication credentials supplied over the BAN communications link as set forth above, the second data sink device would receive the streamed data over that established second far field communications link, consistent with Boesen’s disclosed operation of the independently operable wireless earpiece receiving streamed content from the peripheral device.
As evidence of the rationale above, Pedro discloses:
setting up a far-field RF communications link using information that was sent over a near-field communications link (Pedro; Pedro teaches that an out-of-band mode employs a separate communication transport path, different from Bluetooth, including NFC, to exchange information used in the Bluetooth pairing process, and further teaches that completion of Bluetooth pairing requires information obtained from the OOB transfer. Pedro further teaches the operative sequence wherein the NFC connection is first established, information is exchanged, and thereafter the Bluetooth connection is established;
[0017] For two Bluetooth devices to communicate, they first establish a communications link between them by a process called pairing. During the pairing process, the two devices establish a relationship by creating a shared secret known as a link key. If a link key is stored by both devices they are said to be paired or bonded. In accordance with the Bluetooth Core Specification v2.1., for example, a Secure Simple Pairing (SSP) method may be used for Bluetooth device pairing. SSP has four different modes, namely a "just works" mode, a numeric comparison mode, a passkey entry mode, and an out of band (OOB) mode. The OOB mode uses an external or separate communication transport path (i.e., different than Bluetooth), such as Near Field Communication (NFC), to exchange some information used in the pairing process. Pairing is completed by the Bluetooth transceivers, but this requires information from the OOB transfer, namely the Bluetooth MAC address of the target device. As used herein, "Bluetooth" includes wireless communication in accordance with one or more of the various Bluetooth Core Specifications (v1.0/v1.0 B, v1.1, v1.2, v2.0, v2.1, v3.0, v4.0, etc.), including Bluetooth low energy (BLE) communication.
See e.g. [0021] “... to perform an OOB Bluetooth pairing, an NFC connection is first established, the Bluetooth MAC address information is exchanged, and then the Bluetooth connection is established ...” See e.g. [0022]
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Pedro’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of configuring communications between devices.
Moreover, Pedro further provides evidentiary support for the obvious rationale set forth above with respect to setting up the second far-field RF communications link using the authentication credentials sent over the BAN communications link. Pedro demonstrates that it was known to use information transferred over a separate near-field communications path in establishing a different far-field RF communications link. Accordingly, Pedro evidences that using the BAN-relayed authentication credentials of Rosener in establishing Bosen’s second far-field RF communications link would have represented the application of a known cross-link setup technique to the combined system, with the predictable result of establishing the far-field RF communications link using information previously transferred over the near-field path.
Regarding claim 2, Boesen in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 2 wherein setting up the second far field RF communications link comprises:
Transmitting an identifier from the second data sink device to the first data sink device via the near-field BAN communications link (The combined solution per Rosener ([0099] provides for a BAN operating as a relay mechanism through which information – including digital credentials and device identifiers – is communicated among connected BAN devices. Paragraph [0099] discloses that “the BAN 366 relays digital credentials from the cell phone authentication server” One of ordinary skill in the art would recognize that such digital credentials necessarily includes device specific identifiers or tokens that enable subsequent authenticated communications between the devices in the Ban and external RF networks) , and
Transmitting the second data sink device identifier from the first data sink device to the source device via the first far field RF communication link (The combined solution per Boesen ([0060, [0081], [0083], [0098] discloses that each wireless earpiece (data sink device) is capable of independent operation and of maintaining both near field and far-field communications. Paragraph [0083] further teaches that the earpieces may switch between short range connections such as (NFMI or other near field equivalents (e.g. NFC) and far field links such as Bluetooth, Wi-Fi, or cellular. The later paragraph expressly notes support for near field communications (NFC), thereby confirming compliance with EMCA-340 type near field behavior. When the second earpiece (second data sink device) seeks to establish its own far-field link with the data source device, it would provide its identifier to the first earpiece (first data sink device) over the near field link so that the first earpiece can forward that identifier through its existing far field connection to the source device for registration and authentication.)
Therefore it would have been obvious to one of ordinary skill in the art, in view of the combined teachings of Boesen and Roesner as modified by ECMA, to configure the first data sink device already in communication with the data source device via a far field link – to receive an identifier from the second data sink device over the near-field BAN link and to forward that identifier to the data source device over the first far-field link, thereby facilitating the second far-field RF communications link.
Regarding claim 5, Boesner in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 1 wherein the first and second far field RF communications links are formed using Bluetooth LE transceivers and the near field BAN communications link is formed using Near Field Electro Magnetic Induction NFEMI, transceivers (Boesner;
see e.g. [0031] “The wireless earpieces may include any number of sensors. The sensors may be utilized to sense user input, feedback, and commands. The user input may be received utilizing voice commands, tactile input, head motions, gestures, biometrics or other input. The commands may also represent a combination of user inputs utilized to ensure the peripheral action is only performed as desired by the user. The wireless earpieces may communicate utilizing any number of transceivers. For example, the wireless earpieces may communicate utilizing NFMI. The wireless earpieces may also communicate utilizing Bluetooth, Wi-Fi, cellular, or other transceivers. The transceivers of the wireless earpieces may utilize distinct modes, channels, stacks, interfaces or hardware to enable communications between the wireless earpieces, an associated wireless device, peripherals, and so forth. In some embodiments, the wireless earpieces may not include sensors or may only include minimal sensors. For example, physical touch buttons or switches may be utilized to receive user input or feedback”.
See e.g. [0063] “ ... NFMI ...”
See e.g. [0084] “... Bluetooth low energy ...”
It would have been obvious to one of ordinary skill in the art to utilize NFEMI in place of Boesen’s NFMI for the near field BAN communications link to improve communication range and link budget between body worn devices by utilizing both magnetic and electric near field coupling rather than magnetic field coupling alone);
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 6, Boesner in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 5 wherein setting up the second far field communications RF communications link comprises
(i)Transmitting an identifier including a Bluetooth ID and short term key from the second data sink device to the first data sink device via the near field BAN communications link (As evidenced by Boesen ([0112]), the process of associating wireless earpieces with a peripheral device involves performing Bluetooth paring and providing identifiers – explicitly including “device names/nicknames, IP addresses, IMEI, serial numbers, or other hardware or software identifiers” – as well as “other association , linking, or communication processes” One of ordinary skill in the art would understand that Bluetooth pairing inherently involves the exchange of a Bluetooth device ID and short-term key (STK) negotiat3ed during the pairing sequence. When applied within the architecture of Rosener ([0099]) – which teaches that the BAN 366 realys digital credentials between networked devices – the skilled artisan would recognize that these same Bluetooth paring identifiers and keys could be transmitted from the second earpiece (second data sink) to the first earpiece (first data sink) across the near field BAN link in preparation for establish the second far field link).
(ii)Transmitting the identifier from the first data sink device to the source device via the first far field RF communications link (Boesen further teaches ([0060], [0081], [0083]) that each wireless earpiece can function independently and communicate with the peripheral (data source device) through a far-field RF link such as Bluetooth or Wi-FI. In this context, once the first earpiece has received the Bluetooth ID and short term key of the second earpiece via the BAN link, it would have been obvious for the first earpiece to forward that information through its existing far field connection to the data source device so that the source device can authenticate and establish a direct far field Bluetooth link with the second earpiece)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 7. Boesner in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 5 wherein setting up the wireless second far-field RF communications link comprises:
transmitting authentication data comprising a passkey from the second data sink device to the first data sink device via the near-field BAN communications link(As evidenced by Boesen ([0112]), the process of associating wireless earpieces with a peripheral device involves performing Bluetooth paring and providing identifiers – explicitly including “device names/nicknames, IP addresses, IMEI, serial numbers, or other hardware or software identifiers” – as well as “other association , linking, or communication processes” A person of ordinary skill in the art would understand that Bluetooth paring inherently involves transmission of authentication data in the form of a passkey or paring code between the participating devices to establish a trusted link.
When applied with the architecture of Rosener [0099] the skilled artisan would have recognized that the Bluetooth passkey exchanged during the paring procedure could likewise be transmitted from the second earpiece (secondary data sink device) to the first earpiece (primary data sink device) across the near field BAN communications link. The near field link, as taught by ECMA provides the mechanism for detecting and establishing the BAN channel through which such authentication data can be exchanged. It therefore would have been obvious to one of ordinary skill in the art to configure the system so that the second data sink device transmits its authentication data (passkey) via the established near field BAN link to the first data sink device to facilitate authentication and setup of the second far-field RF communication link with the data source device.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 8. Boesner in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 1 wherein the first data sink device is a body-worn sink device and the second data sink device is an off-body sink device (Boesner; see e.g. [0012])
In one embodiment, the process may begin by associating one or more wireless earpieces with a peripheral (step 502). As noted, one wireless earpiece or several wireless earpieces may be associated with the peripheral device. The peripheral device may represent any number of electronic devices configured to wirelessly communicate with the wireless earpieces, such as cameras, cell phones, computers, security systems, exercise equipment, gaming devices, personal entertainment devices, smart appliances, virtual assistants, vehicle systems and smart wearables (e.g., smart glasses, smart watches, headphones, etc.). The associating process may include performing Bluetooth pairing, providing identifiers (e.g., device names/nicknames, IP addresses, IMEIs, serial numbers, or other hardware or software identifiers), physical-based pairing, or other association, linking or communication processes.).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 9. Boesner in view of ECMA and in further view of Rosener and in further view of Pedro disclose the method of claim 1 wherein the second data sink device is a body-worn sink device and the first data sink device is an off-body sink device (Boesner; see e.g. [0012])
In one embodiment, the process may begin by associating one or more wireless earpieces with a peripheral (step 502). As noted, one wireless earpiece or several wireless earpieces may be associated with the peripheral device. The peripheral device may represent any number of electronic devices configured to wirelessly communicate with the wireless earpieces, such as cameras, cell phones, computers, security systems, exercise equipment, gaming devices, personal entertainment devices, smart appliances, virtual assistants, vehicle systems and smart wearables (e.g., smart glasses, smart watches, headphones, etc.). The associating process may include performing Bluetooth pairing, providing identifiers (e.g., device names/nicknames, IP addresses, IMEIs, serial numbers, or other hardware or software identifiers), physical-based pairing, or other association, linking or communication processes.).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 10, claim 10 comprises the same and/or similar subject matter as claim 1 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 12, Boesen in view of ECMA and in further view of Rosener and in further view of Pedro disclose the first data sink device of claim 10, wherein the processor is further configured to :
receive a signal via near field transceiver from the second data sink device, the signal indicating a contact of a user of the first data sink device with the second data sink device (Boesen, see e.g. [0056]
“... For example, the user input detected by the wireless earpieces 102 may include voice commands, head motions, finger taps, finger swipes, motions or gestures, or other user inputs sensed by the wireless earpieces 102. The user input may be determined by the wireless earpieces 102 and converted into authorization commands may be sent to one or more external devices, such as the wireless device 104, the peripherals 119, secondary wireless earpieces, or so forth. For example, the user 106 may create a specific head motion and voice command when detected by the wireless earpieces 102 are utilized to send a request or command to the wireless device 104, such as “report my current heart rate, speed, and location.” Any number of actions may also be implemented by the logic, applications, or virtual assistant of the wireless earpieces 102 in response to specified user input.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 13. Boesen in view of ECMA and in further view of Rosener and in further view of Pedro disclose The first data sink device of claim 10 wherein the processor is further configured to: transmit a signal via the near-field transceiver to the second data sink device, the signal indicating a contact of a user of the second data sink device with the first data sink device (Boesen, see e.g. [0056]
“... For example, the user input detected by the wireless earpieces 102 may include voice commands, head motions, finger taps, finger swipes, motions or gestures, or other user inputs sensed by the wireless earpieces 102. The user input may be determined by the wireless earpieces 102 and converted into authorization commands may be sent to one or more external devices, such as the wireless device 104, the peripherals 119, secondary wireless earpieces, or so forth. For example, the user 106 may create a specific head motion and voice command when detected by the wireless earpieces 102 are utilized to send a request or command to the wireless device 104, such as “report my current heart rate, speed, and location.” Any number of actions may also be implemented by the logic, applications, or virtual assistant of the wireless earpieces 102 in response to specified user input.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 14, claim 14 comprises the same and/or similar subject matter as claim 5 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 15, claim 15 comprises the same and/or similar subject matter as claim 1 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 21. Boesen in view of ECMA and in further view of Rosener and in further view of Pedro disclose The method of claim 1: wherein the wirelessly streaming data is audio or video data; and wherein the audio or video data is only wirelessly streamed over the first and second far- field RF communications links (Per independent claim 1 Boesner provides for audio screaming and far field RF networks.
see e.g. [0031] “The wireless earpieces may include any number of sensors. The sensors may be utilized to sense user input, feedback, and commands. The user input may be received utilizing voice commands, tactile input, head motions, gestures, biometrics or other input. The commands may also represent a combination of user inputs utilized to ensure the peripheral action is only performed as desired by the user. The wireless earpieces may communicate utilizing any number of transceivers. For example, the wireless earpieces may communicate utilizing NFMI. The wireless earpieces may also communicate utilizing Bluetooth, Wi-Fi, cellular, or other transceivers. The transceivers of the wireless earpieces may utilize distinct modes, channels, stacks, interfaces or hardware to enable communications between the wireless earpieces, an associated wireless device, peripherals, and so forth. In some embodiments, the wireless earpieces may not include sensors or may only include minimal sensors. For example, physical touch buttons or switches may be utilized to receive user input or feedback”
see e.g. [0060] “The wireless earpieces 102 may play, display, communicate, or utilize any number of alerts or communications to indicate the commands, actions, activities, communications or status in use or being implemented by the wireless earpieces 102 or the corresponding peripherals 118. For example, one or more alerts may indicate when the wireless earpieces 102 are being utilized with the wireless device 104, such as “audio streaming is activated ...”)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Claims 4 and 11 are rejected under 35 USC 103 as being unpatentable over Boesen in view of ECMA and in further view of Rosener and in further view of Pedro and in further view of Olson (US 2022/0109926)
Regarding claim 4. Boesen in view of ECMA and in further view of Rosener and in further view of Pedro disclose The method of claim 1, Boesen does not expressly disclose further comprising:
determining the duration of a user contact between the first data sink device and the second data sink device;
stopping the wirelessly streaming data over the first far- field RF communications link between the source device and the first data sink device dependent on the contact duration.
However in analogous art Olson discloses
determining the duration of a user contact between the first data sink device and the second data sink device (Olson; Olson teaches detecting touch duration;
see e.g. [0100] “... Two long duration touches to the touch sensor 18a can be interpreted by the controller 120 as corresponding to a communication device deactivation command ... worn electronic device ... include two or more touch sensors ...”)
stopping the wirelessly streaming data over the first far- field RF communications link between the source device and the first data sink device dependent on the contact duration (Olson; Olson teaches subsequent to the touch command lasting a particular touch duration communication may terminate;
see e.g. [0100] “... Two long duration touches to the touch sensor 18a can be interpreted by the controller 120 as corresponding to a communication device deactivation command ... worn electronic device ... include two or more touch sensors ...”)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boesen with Olson’s touch duration commands. The motivation being the combined solution provides for increased efficiencies in controlling steaming sessions within body area networks.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate ECMA’s conventional near filed communication network formation scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of provisioning and delivering streamed data to sink devices.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporated Rosener’s authentication server schemes. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies in provisioning a providing streaming services to sink devices.
Regarding claim 11, claim 11 comprises the same and/or similar subject matter as claim 4 and is considered an obvious variation;
Claim 22 is rejected under 35 USC 103 as being unpatentable over Boesen in view of ECMA and in further view of Rosener and in further view of Kim, “IB-MAC Transmission Latency Aware MAC for Electro Magnetic Intra Body Communication”, January 2019
Regarding claim 22, Boesen in view of ECMA and in further view of Rosener disclose The method of claim 1 wherein the first and second far-field RF communications links are formed using Bluetooth LE transceivers and the near-field BAN communications link is formed using Near Field Electro Magnetic Induction, NFEMI, transceivers that support Institute of Electrical and Electronics Engineers (IEEE) 802.15.6 (The combined solution provide for the first and second far-field communication links being formed using LE transceivers as taught by Boesen ([0017[), and while the combined solution provides for Near Field devices (ECM and Boesen), Boesen further teaches Near Magnetic Field Induction ([0035]) for near field body area networks. It would have been obvious to one of ordinary skill in the art to utilize NFEMI in place of Boesen’s NFMI for the near field BAN communications link to improve communication range and link budget between body worn devices by utilizing both magnetic and electric near field coupling rather than magnetic field coupling alone)
As evidence of the rationale above Kim discloses
IEEE 802.15.6 (Kim; Kim teaches the utilization of electromagnetic intra body communications for body area networks in conjunction with iEEE 802.15.6;
See e.g. Abstract)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kim’s scheme. The motivation being the combined solution provides for implementing a known technique and provides the impetus for utilizing an NFEMI supported device
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ng (US 20210153274) teaches the utilization of NFEMI for BANs in association with 802.15 variants.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TODD L. BARKER whose telephone number is (571) 270 0257. The Examiner can normally be reached on Monday through Friday, 7:30am to 5:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor Vivek Srivastava can be reached on (571) 272 7304.
/TODD L BARKER/Primary Examiner, Art Unit 2449
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