DETAILED ACTION
The instant application having application No 18/774,133 filed on 09/05/2024 is presented for examination by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-26, 28-36 and 38-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-24 of Patent Application No. 16835919, 17889343. Although the conflicting claims are not identical, they are not patentably distinct from each other because both claims are based on retransmission packets based on one or more packets of the isochronous data stream and vice versa.
For claim 21, Patent Application discloses a first audio device comprising at least one transducer; circuitry configured to wirelessly receive an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream; and at least one processor configured to cause a device-to-device connection to be formed with a second audio device; cause one or more retransmission packets to be received via the device-to-device connection, wherein the one or more retransmission packets correspond to the isochronous data stream; and cause the at least one transducer to render the audio stream(See Claim 1).
For claim 22, Patent Application discloses the isochronous data stream is received via a first frequency, and wherein the one or more retransmission packets are received via a second frequency (See Claim 10).
For claim 23, Patent Application discloses the isochronous data stream is a
Broadcast Isochronous Stream or a Connected Isochronous Stream that utilizes a Bluetooth Low-Energy Protocol (See Claim 10).
For claim 24, Patent Application discloses the circuitry is further configured to
transmit an acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was received by the first audio device (See Claim 13).
For claim 25, Patent Application discloses the circuitry is further configured to
transmit a negative acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was not received by the first audio device (See Claim 17).
For claim 26, Patent Application discloses the isochronous data stream includes the first subinterval and a first repeat subinterval after the first subinterval, wherein during the first subinterval the source device is configured to transmit the first packet at a first frequency and during the first repeat subinterval the source device is arranged to transmit a first repeat packet associated with the first packet at a second frequency (See Claim 17).
For claim 28, Patent Application discloses the circuitry is further configured to
monitor if the second audio device receives a second packet of the isochronous data stream (See Claim 2 and 6).
For claim 29, Patent Application discloses the circuitry is further configured to cause, if the second audio device does not receive the second packet of the isochronous data stream, a second retransmission packet to be transmitted to the second audio device, wherein the second retransmission packet corresponds to the second packet of the isochronous data stream (See Claim 15).
For claim 30, Patent Application discloses the device-to-device connection is
enabled using Near-Field Magnetic Inductance (NFMI) connection or a Low Energy
Asynchronous Connection (LE ACL) logical transport protocol (See Claim 11).
For claim 31, Patent Application discloses a method for retransmission of wireless packets, comprising forming a device-to-device connection between a first audio device and a second audio device, wherein the first audio device includes at least one transducer; wirelessly receiving, at the first audio device, an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream; wirelessly receiving, at the first audio device via the device-to-device connection, one or more retransmission packets, wherein the one or more retransmission packets correspond to the isochronous data stream; and rendering, using the at least on transducer, the audio stream(See Claim 15).
For claim 32, Patent Application discloses the isochronous data stream is received via a first frequency, and wherein the one or more retransmission packets are received via a second frequency (See Claim 1).
For claim 33, Patent Application discloses the isochronous data stream is a Broadcast Isochronous Stream or a Connected Isochronous Stream that utilizes a Bluetooth Low-Energy Protocol (See Claim 10).
For claim 34, Patent Application discloses the first audio device is configured to transmit an acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was received by the first audio device (See Claim 17).
For claim 35, Patent Application discloses the first audio device is configured to transmit a negative acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was not received by the first audio device (See Claim 17).
For claim 36, Patent Application discloses the isochronous data stream includes the first subinterval and a first repeat subinterval after the first subinterval, wherein during the first subinterval the source device is configured to transmit the first packet at a first frequency and during the first repeat subinterval the source device is arranged to transmit a first repeat packet associated with the first packet at a second frequency.
For claim 38, Patent Application discloses the first audio device is further configured to
monitor if the second audio device receives a second packet of the isochronous data stream (See Claim 1).
For claim 39, Patent Application discloses the first audio device is further configured to
transmit, if the second audio device does not receive the second packet of the isochronous data stream, a second retransmission packet to the second audio device, wherein the second retransmission packet corresponds to the second packet of the isochronous data stream (See Claim 15).
For claim 40, Patent Application discloses the device-to-device connection is enabled using Near-Field Magnetic Inductance (NFMI) connection or a Low Energy Asynchronous Connection (LE ACL) logical transport protocol (See Claim 21).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 21-25, 28-35, and 38-40 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Denboer et al. (U.S. 20200252162, Aug. 6, 2020) in view of Lau et al. (U.S. 10757466, Aug. 25, 2020).
1-20. (Canceled).
Regarding Claim 21, Denboer discloses at least one processor configured to cause a device-to-device connection to be formed with a second audio device (page 5, par (0050), line 1-10, the logical link includes an extended SCO (eSCO) link. An eSCO link provide a symmetric or asymmetric point-to-point link between a master device (e.g., device-to-device) and a slave device using time slots reserved for BT communications, provide for a retransmission window following the reserved time slots);
cause one or more retransmission packets to be received via the device-to-device connection, wherein the one or more retransmission packets correspond to the isochronous data stream(page 5, par (0050-0051), line 1-10, retransmissions facilitated using the retransmission window, an eSCO link suitable for audio streaming and because a dropped audio or voice packet retransmitted, and therefore the probability of successfully receiving a data packet increased, the logical link include an isochronous (ISO) link);
and cause the at least one transducer to render the audio stream (page 22, par (0235), line 1-10, the first device transmits a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receives a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Denboer discloses all aspects of the claimed invention, except a first audio device comprising at least one transducer; circuitry configured to wirelessly receive an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream.
Lau is the same field of invention teaches a first audio device comprising at least one transducer; circuitry configured to wirelessly receive an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream(column 8, line 35-40, Semi-isochronous mode can be selected to quickly transmit and render audio, audio data compressed (portion of the isochronous data) by the media player, transmitted to the audio player, and if received within a reasonable time delay, the audio data can be rendered), the isochronous data stream including one or more audio streams(column 2, line 5-10, receive audio data through a wireless network to a second electronic device to establish synchronized clocks between the first and second electronic devices; select an audio synchronization mode (wherein synchronization mode is semi-isochronous) based according to the selected audio synchronization mode).
Denboer and Lau are analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the isochronous data stream including a first audio stream configured to be rendered by the first audio device the teaching of Denboer to include receive audio data through a wireless network to a second electronic device to establish synchronized clocks between the first and second electronic devices the teaching of Lau because it is providing the source of media and media content to the media player.
Regarding Claim 22, Denboer discloses the isochronous data stream is received via a first frequency, and wherein the one or more retransmission packets are received via a second frequency (page 8-9, par (0084-0085), line 1-20, The PHY layer responsible for modulation and demodulation of data into radio frequency (RF)
signals for transmission over the air, the controller stack include a link controller, the link controller responsible for properly formatting data for providing to and obtaining from the PHY layer by logical links including ISO links (isochronous)).
Regarding Claim 23, Denboer discloses the isochronous data stream is a
Broadcast Isochronous Stream or a Connected Isochronous Stream that utilizes a Bluetooth Low-Energy Protocol (page 4, par (0045), line 1-10, the device operates according to the BR/EDR mode for continuous streaming of data (e.g., audio data), for broadcast networks, a device operates according isochronous radio modes).
Regarding Claim 24, Denboer discloses the circuitry is further configured to
transmit an acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was received by the first audio device(page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 25, Denboer discloses the circuitry is further configured to
transmit a negative acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was not received by the first audio device(page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 28, Denboer discloses the circuitry is further configured to
monitor if the second audio device receives a second packet of the isochronous data stream.
Lau is the same field of invention teaches the circuitry is further configured to monitor if the second audio device receives a second packet of the isochronous data stream (column 8, line 35-40, Semi-isochronous mode can be selected to quickly transmit and render audio, audio data compressed (portion of the isochronous data) by the media player, transmitted to the audio player, and if received within a reasonable time delay, the audio data can be rendered).
Regarding Claim 29, Denboer discloses the circuitry is further configured to cause, if the second audio device does not receive the second packet of the isochronous data stream, a second retransmission packet to be transmitted to the second audio device, wherein the second retransmission packet corresponds to the second packet of the isochronous data stream(page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 30, Denboer discloses the device-to-device connection is
enabled using Near-Field Magnetic Inductance (NFMI) connection or a Low Energy
Asynchronous Connection (LE ACL) logical transport protocol (page 4, par (0045), line 1-10, the device operate according to the BR/EDR mode for continuous streaming of data (e.g., audio data), for broadcast networks, a device operate according isochronous radio modes).
Regarding Claim 31, Denboer discloses a method for retransmission of wireless packets, comprising forming a device-to-device connection between a first audio device and a second audio device(page 5, par (0050), line 1-10, the logical link includes an extended SCO (eSCO) link. An eSCO link provide a symmetric or asymmetric point-to-point link between a master device (e.g., device-to-device) and a slave device using time slots reserved for BT communications, provide for a retransmission window following the reserved time slots),
wirelessly receiving, at the first audio device via the device-to-device connection, one or more retransmission packets, wherein the one or more retransmission packets correspond to the isochronous data stream(page 5, par (0050-0051), line 1-10, retransmissions facilitated using the retransmission window, an eSCO link suitable for audio streaming and because a dropped audio or voice packet retransmitted, and therefore the probability of successfully receiving a data packet increased, the logical link include an isochronous (ISO) link); and rendering, using the at least on transducer, the audio stream(page 22, par (0235), line 1-10, the first device transmits a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receives a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Denboer discloses all aspects of the claimed invention, except wherein the first audio device includes at least one transducer; wirelessly receiving, at the first audio device, an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream.
Lau is the same field of invention teaches wherein the first audio device includes at least one transducer(column 8, line 35-40, Semi-isochronous mode can be selected to quickly transmit and render audio, audio data compressed (portion of the isochronous data) by the media player, transmitted to the audio player, and if received within a reasonable time delay, the audio data can be rendered); wirelessly receiving, at the first audio device, an isochronous data stream from a source device, wherein the isochronous data stream includes an audio stream(column 2, line 5-10, receive audio data through a wireless network to a second electronic device to establish synchronized clocks between the first and second electronic devices; select an audio synchronization mode (wherein synchronization mode is semi-isochronous) based according to the selected audio synchronization mode).
Denboer and Lau are analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the isochronous data stream including a first audio stream configured to be rendered by the first audio device the teaching of Denboer to include receive audio data through a wireless network to a second electronic device to establish synchronized clocks between the first and second electronic devices the teaching of Lau because it is providing the source of media and media content to the media player.
Regarding Claim 32, Denboer discloses the isochronous data stream is received via a first frequency, and wherein the one or more retransmission packets are received via a second frequency (page 8-9, par (0084-0085), line 1-20, The PHY layer responsible for modulation and demodulation of data into radio frequency (RF)
signals for transmission over the air, the controller stack include a link controller, the link controller responsible for properly formatting data for providing to and obtaining from the PHY layer by logical links including ISO links (isochronous)).
Regarding Claim 33, Denboer discloses the isochronous data stream is a Broadcast Isochronous Stream or a Connected Isochronous Stream that utilizes a Bluetooth Low-Energy Protocol (page 4, par (0045), line 1-10, the device operates according to the BR/EDR mode for continuous streaming of data (e.g., audio data), for broadcast networks, a device operates according isochronous radio modes).
Regarding Claim 34, Denboer discloses the first audio device is configured to transmit an acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was received by the first audio device (page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 35, Denboer discloses the first audio device is configured to transmit a negative acknowledgement during a first subinterval of the isochronous data stream that indicates that a first packet of the audio stream was not received by the first audio device (page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 38, Denboer discloses the circuitry is further configured to
monitor if the second audio device receives a second packet of the isochronous data stream.
Lau is the same field of invention teaches the circuitry is further configured to monitor if the second audio device receives a second packet of the isochronous data stream (column 8, line 35-40, Semi-isochronous mode can be selected to quickly transmit and render audio, audio data compressed (portion of the isochronous data) by the media player, transmitted to the audio player, and if received within a reasonable time delay, the audio data can be rendered).
Regarding Claim 39, Denboer discloses the circuitry is further configured to cause, if the second audio device does not receive the second packet of the isochronous data stream, a second retransmission packet to be transmitted to the second audio device, wherein the second retransmission packet corresponds to the second packet of the isochronous data stream(page 22, par (0235), line 1-10, the first device transmit a NACK message to the second device based on the unsuccessful decoding check for the first packet, based on the NACK message, the first device receive a first retransmission packet of the set of retransmission packets from the second device on the logical link).
Regarding Claim 40, Denboer discloses the device-to-device connection is enabled using Near-Field Magnetic Inductance (NFMI) connection or a Low Energy Asynchronous Connection (LE ACL) logical transport protocol (page 4, par (0045), line 1-10, the device operates according to the BR/EDR mode for continuous streaming of data (e.g., audio data), for broadcast networks, a device operates according isochronous radio modes).
Examiner Notice
Claim 21 would be allowable if (i) claim 26 is incorporated into the independent claim 21, (ii) resolve double patenting obviousness rejection.
Claim 31 would be allowable if (i) claim 36 is incorporated into the independent claim 31, (ii) resolve double patenting obviousness rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
Aggarwal et al. (US 20170142535, May 18, 2017) teaches Multi-channel Audio Over a Wireless Network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m..
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/IQBAL ZAIDI/
Primary Examiner, Art Unit 2464
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