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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 39-49 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 39, the occurrence of “the second notification” in line 22 has no antecedent basis.
Claims 40-49 are rejected as being dependent of rejected claim(s).
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 33-47 and 49-50 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgovanovic (US 2020/0053612 A1) hereinafter referred as Jorgo ‘612 in view of Borges et al(US 2018/0084017 A1).
Regarding claim 33, Jorgo ‘612 teaches, a method, applied to a main control device ([0016], [0017], and Figs. 1-2, a primary device (e.g. wireless earbud) that manages connections and roles), the method comprising: obtain a plurality of pieces of link quality( [018], [0062], the first and second devices determine signal quality metrics (PER RSSI,SNR) wireless signal from third device), wherein the plurality of electronic devices are authorized to be connected( [0018], [0062], the first, second and third devices paired/authorized via Bluetooth to exchange audio messages), determining, based on the plurality of pieces of link quality, a target electronic device that is to be switched to sending Bluetooth audio data to the Bluetooth peripheral, wherein the target electronic device is any electronic device among the plurality of electronic devices([0018], [0062] and Figs 2, 4, the primary device compares its signal quality to the secondary device’s signal to determine if a role switch (handover) is necessary);
when the target electronic device is different from a current electronic device([0020], [0037] and Figs. 2, 4, the primary device is different from the secondary), sending a first notification to the Bluetooth peripheral, wherein the first notification indicates to the Bluetooth peripheral to obtain the Bluetooth audio data from the target electronic device, and the current electronic device is an electronic device that currently sends the Bluetooth audio data to the Bluetooth peripheral([0020], [0037] and Figs. 2, 4, the first device sends a role switch command to the second device to initiate the handover when a trigger (e.g. low signal quality) occurs);
receiving a second notification sent by the Bluetooth peripheral( [0020], [0054], [0074] and Fig, 4, the second device sending conformation to the first device), wherein the second notification indicates that the Bluetooth peripheral completes preparation for obtaining the Bluetooth audio data from the target electronic device( [0020], [0054], [0074] and Fig, 4, the second device sending conformation to the first device after receiving the role -switch command); and
sending a third notification to a source electronic device, wherein the third notification indicates to the source electronic device to forward the Bluetooth audio data to the Bluetooth peripheral by using the target electronic device ([0020], [0055] and Fig. 4, the primary device sends a flow off command to the user device before the secondary device establishes the new connection to resume audio flow), and the source electronic device is an electronic device that is of the plurality of electronic devices and that obtains the Bluetooth audio data from a remote device([0055], [0084] and Figs. 2, 10, the smart phone (remote source) feeds audio to the primary earbud(current device) before handoff, after switching the feeds the secondary(target), (the source electronic device maps to the intermediate smartphone receiving remote audio)).
Jorgo ‘612 does not explicitly teach, obtaining a link quality between a Bluetooth peripheral and a plurality of electronic devices.
Borges ‘017 teaches, obtaining a link quality between a Bluetooth peripheral and a plurality of electronic devices, to obtain a plurality of pieces of link quality ([0026], [0034], devices (Bluetooth headphones) monitoring performance metrics of connections (link quality) with the plurality of devices based on RSSI and latency).
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 Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 34, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Borges ‘017 further teaches, wherein obtaining the link quality between the Bluetooth peripheral and the plurality of electronic devices comprises: obtaining received signal strength indicators (RSSIs) between the Bluetooth peripheral and the plurality of electronic devices ([0026], [0033], [0052], determining RSSI between the Bluetooth device and electronics device); and wherein determining, based on the plurality of pieces of link quality, the target electronic device that is to be switched to sending Bluetooth audio data to the Bluetooth peripheral comprises ([0026], [0033], [0052], the system monitors performance metrics of the connection including RSSI):
detecting whether an RSSI corresponding to the current electronic device is less than a first RSSI threshold ([0026], [0028], [0035], a trigger condition that includes a performance metric such as RSSI below certain threshold), and detecting whether an RSSI corresponding to another electronic device is greater than a second RSSI threshold, wherein the another electronic device is an electronic device, except the current electronic device, of the plurality of electronic devices ([0028], [0035], [0060], the system detects another available connection where a performance metric (e.g. RSSI) exceeds the corresponding value or higher than the current connection); and performing:
when the RSSI corresponding to the current electronic device is less than the first RSSI threshold, and the RSSI corresponding to the another electronic device is greater than the second RSSI threshold, determining the another electronic device as the target electronic device([0035], [0037], [0107], based on the trigger condition(meeting or exceeding a threshold the system determines a new source or connection and transitions the streaming session); or
when the RSSI corresponding to the current electronic device is greater than or equal to the first RSSI threshold, or the RSSI corresponding to the another electronic device is less than or equal to the second RSSI threshold, determining the current electronic device as the target electronic device([0034], [0087], [0102], if there is no change in operating conditions that would trigger a handoff(i.e. thresholds are not met) content continues to be streamed using the original session, 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 communication system of Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 35, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Borges ‘017 further teaches, wherein obtaining the link quality between the Bluetooth peripheral and the plurality of electronic devices comprises: obtaining distances between the Bluetooth peripheral and the plurality of electronic devices; and wherein determining, based on the obtained plurality of pieces of link quality, the target electronic device that is to be switched to sending Bluetooth audio data to the Bluetooth peripheral comprises( [0026], [0044], [0054], monitoring distance between devices and the physical location of the playback devices):
detecting whether a distance corresponding to the current electronic device is greater than a first distance threshold([0026], [0053], and [0054], a trigger condition occurs when the distance between devices increases beyond certain threshold), and detecting whether a distance corresponding to another electronic device is less than a second distance threshold([0029], [0044], [0061], the system determines if a user has moved to within a certain predetermined proximity(shorter distance) of a preferred playback device), wherein the another electronic device is an electronic device, except the current electronic device, of the plurality of electronic devices ([0026], [0053], [0054] and Figs. 1-3, monitoring a trigger condition occur between plurality of devices); and performing
when the distance corresponding to the current electronic device is greater than the first distance threshold, and the distance corresponding to the another electronic device is less than the second distance threshold, determining the another electronic device as the target electronic device([0029], [0044], [0061], based on the changes in operating conditions distance/proximity the device determines that a playback or source hand-off should be performed to a new device); or
when the distance corresponding to the current electronic device is less than or equal to the first distance threshold, or the distance corresponding to the another electronic device is greater than or equal to the second distance threshold, determining that the current electronic device is the target electronic device([0087], [0095], [0102], if the change in operating conditions (distance) does not meet the predetermined threshold, content continues to be streamed via the first content streaming session, 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 communication system of Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 36, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Borges ‘017 further teaches, wherein obtaining the distances between the Bluetooth peripheral and the plurality of electronic devices ([0026], [0044], [0052] monitoring the distance between devices and the physical location of the playback and source devices)comprises: measuring distances between the Bluetooth peripheral and the plurality of electronic devices by using a Bluetooth low energy ranging algorithm ([0025], [0043], [0053], establishing connections based on Bluetooth or Bluetooth Low Energy and determine when a device is moving out of range for a connection) or an indoor positioning algorithm([0029], [0044], [0112], monitoring the physical location and proximity of devices to detect if a user has moved to within a predetermined proximity of a preferred device, 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 communication system of Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 37, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein before sending the first notification to the Bluetooth peripheral, the method further comprises: detecting whether switching of an electronic device that transmits the Bluetooth audio data to the Bluetooth peripheral occurs within preset duration before a current time point([0042], [0071], [0072], determining a time between initiating a role switch and a preset time using a timer, it resets state machines/running averages for signal quality once a handover trigger is detected);
when the switching of the electronic device that transmits the Bluetooth audio data to the Bluetooth peripheral does not occur within the preset duration before the current time point, performing the step of sending a first notification to the Bluetooth peripheral([0053], [0062] when a handover trigger is detected and valid , the first device sends a role-switch command to the second device); or when the switching of the electronic device that transmits the Bluetooth audio data to the Bluetooth peripheral occurs within the preset duration before the current time point, skipping performing the step of sending a first notification to the Bluetooth peripheral([0061], [0063], [0065]-[0068], the first device applies a delta factor(hysteresis) to represent a minimum improvement required .if improvements are only slignt or if the device determines the connection is in use, it does not trigger (skips) the handover to prevent error/glitches, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 38, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein the main control device is the Bluetooth peripheral or any one of the pluralities of electronic devices ([0016], [0017], [0020], the second device (in-ear device) can be a peripheral of slave Bluetooth device. The devices are configured to switch roles thus the peripheral can assume the primary/control role, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 39, Jorgo ‘612 teaches, a method, applied to a source electronic device of a plurality of electronic devices([0017], [00021], [0076] and Figs. 1, 4, 10 third device(smart phone) that obtains audio from a remote source 120), wherein the plurality of electronic devices are authorized to be connected, the source electronic device is an electronic device that is of the plurality of electronic devices and that obtains Bluetooth audio data from a remote device([0017], [00021], [0076] and Figs. 1, 10 third device(smart phone) and smart watches, table computers are authorized to be connected with headphones ), and the method comprises: obtaining the Bluetooth audio data from the remote device([0017], [00021] and Figs. 1, 4, 10, the smart phone (third device) communicates with one or more remote server devices to receive audio); and
sending the Bluetooth audio data to a Bluetooth peripheral by using a target electronic device([0020], [0022], [0043],and Fig. 6, the third device establishes a third wireless connection with the second earbud(now primary) to resume audio sending) wherein the target electronic device is an electronic device that is determined by a main control device([0018], [0037], [0062, handover is triggered when the primary earbud (main control) determines secondary has better link quality),the target electronic device is different from a current electronic device, and the current electronic device is an electronic device that currently sends the Bluetooth audio data to the Bluetooth peripheral([0020], [0022], [0043],and Fig. 6, the second device selected as primary(target) is different from first device), and the target electronic device is any electronic device among the plurality of electronic devices([0020], [0022], [0043],and Fig. 6, the second device selected as primary(target) is different from first device);
wherein sending the Bluetooth audio data to a Bluetooth peripheral by using the target electronic device comprises: receiving a third notification sent by the main control device, wherein the third notification indicates the source electronic device to forward the Bluetooth audio data to the Bluetooth peripheral by using the target electronic device([0020], [0055], [0073] and Fig. 6, the source receives a flow off command to pause and a request to establish the third connection (the redirection instruction)); and sending the Bluetooth audio data to the Bluetooth peripheral by using the target electronic device indicated by the third notification ([0020], [0038], [0054], [0074] and Fig. 6, the third device sending audio via selected primary device);
wherein the third notification is a notification sent by the main control device after receiving the second notification sent by the Bluetooth peripheral, and the second notification indicates that the Bluetooth peripheral completes preparation for obtaining the Bluetooth audio data from the target electronic device([0020], [0038], [0054], [0074] and Fig. 6, the primary earbud sends the switch command only after completing the role switch handshake and receiving confirmation/acknowledgment from the second secondary) .
Jorgo ‘612 does not explicitly teach, based on a link quality between the Bluetooth peripheral and the plurality of electronic devices, to be switched to sending the Bluetooth audio data to the Bluetooth peripheral.
Borges ‘017 teaches, based on a link quality between the Bluetooth peripheral and the plurality of electronic devices, to be switched to sending the Bluetooth audio data to the Bluetooth peripheral ([0026], [0034], handoff Bluetooth audio data based on monitoring performance metrics of connections (link quality) between Bluetooth connected speakers and plurality of devices).
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 Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 40, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein sending the Bluetooth audio data to the Bluetooth peripheral by using the target electronic device comprises: when the target electronic device is the source electronic device, sending the Bluetooth audio data to the Bluetooth peripheral; or when the target electronic device is another electronic device([0020], [0022], [0043],and Fig. 6, the second device selected as primary(target) is different from third device);, indicating the another electronic device to send the Bluetooth audio data to the Bluetooth peripheral, wherein the another electronic device is an electronic device, except the source electronic device, of the plurality of electronic devices([0020], [0022], [0043],and Fig. 6, indicating to the third device to forward audio to second device, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 41, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein indicating the another electronic device to send the Bluetooth audio data to the Bluetooth peripheral comprises: sending the Bluetooth audio data to the another electronic device, to enable the another electronic device to forward the Bluetooth audio data to the Bluetooth peripheral([0020], [0022], [0043],and Fig. 6, forwarding the audio to second device to be forwarded to first device or vice versa).
Regarding claim 42, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Borges ‘017 further teaches, wherein an application for playing the Bluetooth audio data is installed on the source electronic device and the another electronic device; and wherein indicating the another electronic device to send the Bluetooth audio data to the Bluetooth peripheral comprise( [0026],[0041] and Fig. 6, devices such as laptops, tablets and smartphones provide access to applications and games and stream content during streaming sessions):
sending address information of the Bluetooth audio data to the another electronic device([0036], [0069], [0088] and Fig. 6, a hand-off message is transmitted between devices that includes playback information identifying content to be streamed),
wherein the address information is an identifier or a link of the Bluetooth audio data in the application ([0036], [0069], [0081] and Fig. 6, the hand-off message includes an “identifier” to the content (e.g. an audio file identifier) to allow the new device to access it) to enable the another electronic device to obtain the Bluetooth audio data corresponding to the address information ([0069], [0081], [0088], the information in the hand off message enables the second device to stream the content from a new source at the same position)and send the obtained Bluetooth audio data to the Bluetooth peripheral( [0037], [0039], [0049] , based on the hand off message, a second content streaming session is established to transmit the content to the playback device).
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 Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 43, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches wherein indicating to the another electronic device to send the Bluetooth audio data to the Bluetooth peripheral comprises: when link quality between the another electronic device and the source electronic device is less than a first preset link quality threshold( [00018], when a primary device detects a weak wireless signal( low link quality) from a smartphone, where metrics are lower than corresponding thresholds),
indicating, by using a relay device, the another electronic device to send the Bluetooth audio data to the Bluetooth peripheral([0016] , the primary earbud acts a central coordinator, any communication between the secondary device and the smartphone must pass through the primary device) , wherein the relay device is any one of the plurality of electronic devices or a device comprising a Bluetooth module([0016], [0017], [0026], identifying the “first device”(primary earbud) as a master Bluetooth device that relays data and commands to the secondary).
Regarding claim 44, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein obtaining the Bluetooth audio data from the remote device comprises: when link quality between the remote device and the source electronic device is less than a second preset link quality threshold ([0017], [0018] and Fig. 6, monitoring for degradation in operation or weak wireless signals within a network involving remote servers and user devices), obtaining, by using a relay device, the Bluetooth audio data from the remote device( [0079], [0083] the system is distributed across a network environment where multiple devices(servers, smartphones , earbuds share components to perform different parts of processing), wherein the relay device is any one of the plurality of electronic devices or a device comprising a Bluetooth module([0015], [0026], devices in the network(smartphone or earbuds) include transceivers and antennas specifically for Bluetooth and wireless local area network communication).
Regarding claim 45, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein the method further comprises: when a distance between any two of the plurality of electronic devices is less than a preset distance([0027], [0080] and Figs. 6-8, earbuds that are in-ear(close proximity) and determines approximate distance to sound origins via microphones),
obtaining, by the any two electronic devices, a Bluetooth link encoding format separately supported by the any two electronic devices and the Bluetooth peripheral ([0017], [0028], [0033] and Figs. 6-8, each device includes a DSP with an audio encoder, decoder and codec they trade configuration information to assume primary or secondary roles); and
establishing a Bluetooth link between the any two electronic devices based on the obtained Bluetooth link encoding format ([0021], establishing connections using various protocols, including classic Bluetooth Low Energy (BLE), and Bluetooth basic rate (BR)), wherein the any two electronic devices are communicated through the Bluetooth link ([0016], [0021] the primary and secondary earbuds communicate with each other using a first wireless connection such as a Bluetooth connection).
Regarding claim 46, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein establishing a Bluetooth link between the any two electronic devices based on the obtained Bluetooth link encoding format comprises: establishing the Bluetooth link between the any two electronic devices in a Bluetooth link encoding format supported by both the any two electronic devices and the Bluetooth peripheral([0017], [0021], [0028], the first and second devices trade roles of primary and secondary; they include similar hardware and software to ensure they can assume either role and maintain communication).
Regarding claim 47, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Jorgo ‘612 further teaches, wherein the Bluetooth link encoding format is a base rate (BR) link encoding format or a new-generation Bluetooth audio link encoding format ([0021] the devices capable of communicating via Bluetooth basic rate(‘BR”)).
Regarding claim 49, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations, Borges ‘017 further teaches, when a distance between any two of the plurality of electronic devices is greater than or equal to a preset distance, when the any two electronic devices are in a same wireless local area network, establishing a wireless local area network link between the any two electronic devices([0025],[0028], [00035] and Fig. 1, based the trigger condition the system transition from a Bluetooth connection to second connection (e.g. Wi-Fi)).
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 Jorgo ‘612, by incorporating the teaching of Borges ‘017, since such modification would provide an intelligent hand-off technique across multiple modalities during content playback, as suggested by Borges ‘017([0004]).
Regarding claim 50, Jorgo ‘612 teaches, an electronic device([0075]-[0076], first device 110), comprising: a memory([0075]-[0076], first device 110 comprising memory 216), configured to store instructions executed by one or more processors of the device; and a processor, configured to perform the instructions([0075]-[0076], first device 110 comprising memory 216 and processor 214), to enable the electronic device to perform the method according to claim 33(see claim 33 rejection).
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgo ‘612 and Borges ‘017 as applied to claims above, and further in view of Goyal et al(US 2020/0329443 A1).
Regarding claim 48, the combination of Jorgo ‘612 and Borges ‘017 teaches all of the claim limitations except, wherein the BR link encoding format is null.
Goyal ‘443 teaches, wherein the BR link encoding format is null([0170], [0175], Bluetooth devices communicating using Bluetooth basic rate (BD) protocol NULL-ACK as the “have packet” message).
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 Jorgo ‘612 and Borges ‘017, by incorporating the teaching of Goyal ‘443, since such modification would provide improving latency and reducing bandwidth usage. In a scenario of “a phone and two ear buds” for voice communication enabling the phone's voice data to be heard at both buds, as suggested by Goyal ‘443([0005}).
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/AWET HAILE/ Primary Examiner, Art Unit 2474