Notice of Pre-AIA or AIA Status
1. 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 3 & 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Regarding claim 3, it depends from claim 1. Claim 3 discloses “responsive to the first or second packet” references “first packet” and “second packet,” but claim 1 does not introduce “packet” objects, instead, only “packet start times.” Those packets are first introduced in claim 2. Because claim 3 depends from claim 1 (not claim 2), it lacks antecedent basis which is directed to 112(b).
Examiner’s Notes: Claim 3 recites, in part, “receiving, by the controller and via the second device, a connection request responsive to the first or second packet from a third device via the first device.” The double “via” constructs (i.e., “via the second device” and “from a third device via the first device”) create multiple, conflicting potential pathways for the recited “receiving” step. It is unclear whether the claim requires:
the connection request to traverse third device → first device → second device → controller (a two-hop relay), or
the controller to receive the request via the second device while the request is independently “from” the third device via the first device (two alternative paths treated as a single step), or
some other topology or sequence of receptions and relays.
Claim 4 is rejected since it depends from claim 3.
Claim Rejections - 35 USC § 102
3. 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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1,2, 5-9, 11, 14-16, 22, & 23 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Palin et al. (US 2016/0157078).
Regarding claim 1, Palin et al. teaches a method comprising: controlling, by a controller, a first device for packet timing, including assigning a first packet start time to the first device based on the first clock; (paragraph [0006]: establishing, by an apparatus, pairing with another wireless device to establish a secure relationship with the other device… paragraph [0120]: the timing shall be such that CLK1 and CLK0 are both zero at the time the FHS packet was received as the master transmits in even slots only. The offset between the master's clock and the slave's clock shall be determined from the master's clock paragraph [0123] Bluetooth LE devices may employ a star topology, where one device serves as a master for a plurality of slave devices, the master dictating connection timing by establishing the start time of the first connection event and the slave devices transmitting packets only to the master upon receiving a packet from the master.)
and controlling, by the controller, a second device for packet timing, including assigning a second packet start time to the second device, (paragraph [0120]: the timing shall be such that CLK1 and CLK0 are both zero at the time the FHS packet was received as the master transmits in even slots only. paragraph [0125]: When a device in the Initiating State, enters the Connection State, it is in the Master Role, it exchanges data packets with a slave device in a data channel, and it defines the timings of transmissions. When a device in the Advertising State, enters the Connection State, it is in the Slave Role and exchanges data packets with a master device in a data channel, wherein the master device defines the timings of transmissions.)
wherein the second packet start time is based on the first clock and is offset in time from the first packet start time. Paragraph [0120] The offset between the master's clock and the slave's clock shall be determined from the master's clock (Paragraph [0124]: The master device dictates the connection timing and communication operations of the one or more slave devices.)
Regarding claim 2, Palin et al. teaches the method of claim 1, wherein a first packet associated with the first packet start time, and a second packet associated with the second packet start time, each comprises an advertising indication. (Paragraph [0117]: The paging device may have some knowledge of the target device's Bluetooth™ clock, such as indicated during a previous inquiry transaction between the two devices, and may be able to predict the phase of the target device's page scan channel. It may use this information to optimize the synchronization of the paging and page scanning process and speed up the formation of the connection. Paragraph [0134]: When the non-connectable undirected event type is used, non-connectable advertising indications ADV_NONCONN_IND packets are sent by the Link Layer. The non-connectable undirected event type allows a scanner to receive information contained in the ADV_NONCONN_IND from the advertiser. The advertiser may either move to the next used advertising channel index or close the advertising event after each ADV_NONCONN_IND that is sent.)
Regarding claim 5, Palin et al. teaches the method of claim 1, wherein the first device comprises the controller. (paragraph [0125]: When a device in the Initiating State, enters the Connection State, it is in the Master Role, it exchanges data packets with a slave device in a data channel, and it defines the timings of transmissions. When a device in the Advertising State, enters the Connection State, it is in the Slave Role and exchanges data packets with a master device in a data channel, wherein the master device defines the timings of transmissions.)
Regarding claim 6, Palin et al. teaches the method of claim 1, wherein the second device comprises the controller. (paragraph [0125]: When a device in the Initiating State, enters the Connection State, it is in the Master Role, it exchanges data packets with a slave device in a data channel, and it defines the timings of transmissions. When a device in the Advertising State, enters the Connection State, it is in the Slave Role and exchanges data packets with a master device in a data channel, wherein the master device defines the timings of transmissions.)
Regarding claim 7, Palin et al. teaches the method of claim 1, wherein a vehicle comprises the first and second devices, and the controller. (Paragraph [0182]: The mobile wireless device 100 may also be in an automobile or other vehicle. The wireless multimedia device 102 may be, for example, an audio speaker, video display, or gaming device that is either in a fixed position or mobile. In embodiments, the relative sizes of devices 100 and 102 may be arbitrary.)
Regarding claim 8, Palin et al. teaches the method of claim 7, wherein the first device and the second device are configured to transmit outward from the vehicle. (Paragraph [0045] transmitting, by the apparatus, wireless paging messages over a second wireless carrier to the other wireless device, the wireless paging messages being addressed to the other device using the device address associated with the secure relationship received over the first wireless carrier) (paragraph [0057]: wireless paging messages over a second wireless carrier from the other wireless device, the wireless paging messages being addressed to the apparatus using the device address associated with the secure relationship transmitted over the first wireless carrier.) (Paragraph [0182]: The mobile wireless device 100 may also be in an automobile or other vehicle… in a fixed position or mobile)
Regarding claim 9, Palin et al. teaches the method of claim 1, wherein the first packet includes a protocol data unit (PDU) according to a Bluetooth Low Energy (BLE) protocol. (Paragraph [0065]: FIG. 1B is an illustration of an example embodiment of the network of FIG. 1A, wherein the mobile wireless device is shown responding to the advertising messages, by transmitting BTLE response messages, such as BTLE connect-request messages (CONNECT_REQ_PDU).)
Regarding claim 11, Palin et al. teaches the method of claim 1, wherein a first packet associated with the first packet start time and a second packet associated with the second packet start time are part of a plurality of packets transmitted on a primary advertising channel. (Examiner’s notes: Fig 4a: describes the pairing process on the one of 3 dedicated advertising channels where) (paragraph [0127]: A TDMA based polling scheme is used in which one device transmits a packet at a predetermined time and a corresponding device responds with a packet after a predetermined interval; where the first protocol connection responds to the advertising messages then using the second protocol to transmit a paging message with the device address received in the BTLE protocol)
Regarding claim 14, Palin et al. teaches the method of claim 1, wherein the first device is associated with a first resolvable private address (RPA), (Paragraph [0172] In order for devices using the privacy feature to reconnect to known devices, the device addresses used when the privacy feature is enabled, private address, must be resolvable to the other devices' identity. The private address is generated using the device's identity key exchanged during the bonding procedure. Paragraph [0173] A master that has received IRK from a slave can resolve that slave's random resolvable private device addresses. A slave that has received IRK from a master can resolve that master's random resolvable private device addresses.)
and wherein the second device is associated with a second RPA, (Paragraph [0172] The private address is generated using the device's identity key exchanged during the bonding procedure.)
wherein the first RPA and the second RPA are configured to resolve to a same device address. (Paragraph [0173] A master that has received IRK from a slave can resolve that slave's random resolvable private device addresses. A slave that has received IRK from a master can resolve that master's random resolvable private device addresses.)
Regarding claim 15, Palin et al. teaches the method of claim 1, wherein controlling the first device and controlling the second device includes exchanging control signals between the controller (paragraph [0007]: the wireless paging messages being addressed to the apparatus using the device address associated with the secure relationship transmitted over the first wireless carrier; and paragraph [0008] exchanging, by the apparatus, paging response messages over the second wireless carrier with the other wireless device)
and the first and second devices via a wired bus. (Paragraph [0234]: Transmitting mediums include, but are not limited to, transmissions via wireless communication networks, the Internet, intranets, telephone/modem-based network communication, hard-wired/cabled communication network, satellite communication, and other stationary or mobile network systems/communication links.)
Regarding claim 16, Palin et al. teaches the method of claim 1, wherein controlling the first device and controlling the second device includes exchanging control signals between the controller (paragraph [0007]: the wireless paging messages being addressed to the apparatus using the device address associated with the secure relationship transmitted over the first wireless carrier;) and (paragraph [0008] exchanging, by the apparatus, paging response messages over the second wireless carrier with the other wireless device)
and the first and second devices via a wireless medium. (Paragraph [0234]: Transmitting mediums include, but are not limited to, transmissions via wireless communication networks, the Internet, intranets, telephone/modem-based network communication, hard-wired/cabled communication network, satellite communication, and other stationary or mobile network systems/communication links.)
Regarding claim 22, Palin et al. teaches the method of claim 1, wherein controlling the first device for packet timing and controlling the second device for packet timing includes assigning the first packet start time and the second packet start time to ensure advertisement packets of the first device avoid collision with advertisement packets of the second device. (Paragraph [0099]: In order to avoid repeated collisions between devices that wake up in the same inquiry hop channel simultaneously, a device will back-off for a random period of time. Thus, if the device receives an inquiry message and returns an FHS packet, it will generate a random number, RAND, between 0 and MAX_RAND.) (paragraph [0120]: the timing shall be such that CLK1 and CLK0 are both zero at the time the FHS packet was received as the master transmits in even slots only.) (paragraph [0123] Bluetooth LE devices may employ a star topology, where one device serves as a master for a plurality of slave devices, the master dictating connection timing by establishing the start time of the first connection event…)
Regarding claim 23, Palin et al. teaches the method of claim 1, further comprising: synchronizing the first device and the second device with the controller according to a common timing of the first clock. (Paragraph [0117]: The paging device may have some knowledge of the target device's Bluetooth™ clock, such as indicated during a previous inquiry transaction between the two devices, and may be able to predict the phase of the target device's page scan channel. It may use this information to optimize the synchronization of the paging and page scanning process and speed up the formation of the connection.)
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Palin et al. (US 2016/0157078) in view of Knaapilia (US 9,479,892).
Regarding claim 10, The method of claim 1 and indication packet is taught by Palin et al. Palin et al. does not teach wherein the first packet start time is offset from the second packet start time by an elapsed time equal to a time domain length of an advertisement packet plus two time domain lengths of an inter frame space (TIFS) plus a time domain length of a connection indication packet.
Knaappila et al. from the same or similar field of endeavor teaches wherein the first packet start time is offset from the second packet start time by an elapsed time equal to a time domain length of an advertisement packet plus two time domain lengths of an inter frame space (TIFS) plus a time domain length of a connection indication packet. (C4;R48-52: In an embodiment, each offset is a multiple of 2.5 ms, whereby up to 400 advertisers are allowed during one second with no overlap. However, the invention is not limited to this embodiment, but the offset can be any time value.)
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the teaching of Knaappila’s deterministic offset scheduling to Palin’s advertising scheme. The motivation being that if a new advertisement packet from the master advertiser is missed by the slave advertisers there can be repeated scans to find the advertisement packet from the master advertiser. [C4;R63-67]
8. Claims 12 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Palin et al. (US 2016/0157078) in view of Liu et al. (US 2021/0247426).
Regarding claim 12, the method of claim 11, further comprising: controlling the first device for packet timing on one or more secondary advertising channels… to the first device and based on the first clock and controlling the second device for packet timing on the one or more secondary advertising channels… and based on the first clock is taught by Palin et al. (Paragraph [0127]: Bluetooth LE employs two multiple access schemes: Frequency division multiple access (FDMA) and time division multiple access (TDMA). Forty (40) physical channels, separated by 2 MHz, are used in the FDMA scheme. Three (3) are used as advertising channels and 37 are used as data channels).
Palin et al. does not explicitly teach including assigning a third packet start time to the first device;…, including assigning a fourth packet start time to the second device.
Liu et al. from the same or similar field of endeavor teaches assigning a third packet to the first device…, including assigning a fourth packet start time to the second device (paragraph [0018]: The wireless communicating module may also be configured to generate the first operation including a third data packet of the first operation result and send the third data packet to the data routing module. The data processing module may further be configured to update a device operating state of the first preset target device according to the third data packet, generate a fourth data packet including the updated device operating state, and send the fourth data packet to the data routing module. paragraph [0019]: The wireless communicating module may be further configured to parse an operation instruction for controlling the second preset target device to execute the second operation from the sixth data packet, and send the operation instruction to the second preset target device to make the second preset target device execute the second operation).
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the teaching of Liu’s resource management in Palin’s wireless paging. The motivation being that the configuration of the second operation is incorporated into Palin’s first protocol configured for the second device to reduce packet loss from collisions or dropping and improve spectral efficiency with additional use of spectrum and decoding.
Regarding claim 17, the method of claim 1, further comprising: controlling the controller for advertisement packet timing… based on the first clock is taught by Palin et al. Palin et al does not explicitly teach including assigning a fifth packet start time to the controller based on the first clock.
Liu et al. from the same or similar field of endeavor teaches including assigning a fifth packet start time to the controller based on the first clock (paragraph [0025]: module may generate the fifth data packet including the updated device operating state in the fourth data packet with the second preset format and feedback the fifth data packet)
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the teaching of Liu’s resource management in Palin’s wireless paging. The motivation being that the configuration of the second operation is incorporated into Palin’s first protocol configured for the second device to reduce packet loss from collisions or dropping and improve spectral efficiency with additional use of spectrum and decoding.
9. Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Palin et al. (2016/0157078) in view of Tsai et al. (US 11,469,804)
Regarding claim 18, the method of claim 1 receiving, by the controller is taught by Palin. Palin does not teach further comprising: first quality metric data from the first device,
wherein the first quality metric data refers to signal quality of a first packet addressed to the second device and as received by the first device;
and receiving second quality metric data from the second device, wherein the second quality metric data refers to signal quality of the first packet as received by the second device.
Tsai from the same or similar field of endeavor teaches first quality metric data from the first device,
wherein the first quality metric data refers to signal quality of a first packet addressed to the second device and as received by the first device; [C3;R49-56] The cloud coordinator 182 initiates a first training procedure by propagating a first data packet 188 including a trainer sector table and a device list having one or more identified trainees to the trainer device 184. The cloud coordinator service 182 can collect information for the neighbor SNR matrix table (e.g., 1402) by first collecting a scan list from each of the devices.
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the Tsai’s search feature in Palin’s wireless paging. The motivation being the optimal beamforming configuration combination results in signals communicated between the trainer device 184 and the trainee device 186 being received with a signal quality metric value above a threshold condition [C5:R2-6].
Regarding claim 19, Palin teaches the method of claim 18, Palin does not teach, further comprising:
analyzing, by the controller, the first quality metric data and the second quality metric data;
and instructing the first device to connect to a connecting device based at least in part on the analyzing.
Tsai from the same or similar field of endeavor teaches further comprising:
analyzing, by the controller, the first quality metric data and the second quality metric data; ([C8:R44-48] The digital controller receives from the second wireless device, a fifth data packet. The fifth data packet includes a first signal quality metric value corresponding to the second wireless device receiving the second command. [C19:R31-33] The first trainee device 1104 may send second data 1110 including a frame indicating a signal quality metric value corresponding to the first data 1108 to the trainer device 1102.)
and instructing the first device to connect to a connecting device based at least in part on the analyzing. ([C16:R52-57]: The determined first beamforming configuration may be selected based on the first trainee device measuring one or more of the highest signal quality metric values (e.g., above a signal quality threshold) when the first trainee device 1004 is operating in the first beamforming configuration.)
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the Tsai’s search feature in Palin’s wireless paging. The motivation being the optimal beamforming configuration combination results in signals communicated between the trainer device 184 and the trainee device 186 being received with a signal quality metric value above a threshold condition [C5:R2-6].
Regarding claim 20, the method of claim 18 is taught by Palin. Palin does not teach wherein the first quality metric data comprises first received signal strength indicator (RSSI) data,
and the second quality metric data comprises second RSSI data,
and wherein the method further comprises: analyzing, by the controller, the first RSSI data in the second RSSI data, and instructing either the first device or the second device to connect to a connecting device based on which one of the first device or the second device has a highest RSSI.
Tsai from the same or similar field of endeavor teaches wherein the first quality metric data comprises first received signal strength indicator (RSSI) data, ([C3:R29-33] The first wireless device receives a RSSI value corresponding to the first signal beam. The first wireless generates a second signal beam transmitted in a second propagation)
and the second quality metric data comprises second RSSI data, ([C3:R34-35]: The first wireless devices receives a second RSSI value corresponding to the second signal beam.)
and wherein the method further comprises: analyzing, by the controller, the first RSSI data in the second RSSI data, and instructing either the first device or the second device to connect to a connecting device based on which one of the first device or the second device has a highest RSSI. ([C8:R44-48] The digital controller receives from the second wireless device, a fifth data packet. The fifth data packet includes a first signal quality metric value corresponding to the second wireless device receiving the second command. [C16:R52-55]: The determined first beamforming configuration may be selected based on the first trainee device measuring one or more of the highest signal quality metric values (e.g., above a signal quality threshold) when the first trainee device 1004 is operating in the first beamforming configuration. )
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the Tsai’s search feature in Palin’s wireless paging. The motivation being the optimal beamforming configuration combination results in signals communicated between the trainer device 184 and the trainee device 186 being received with a signal quality metric value above a threshold condition [C5:R2-6].
10. Claims 21 is rejected under 35 U.S.C. 103 as being unpatentable over Palin et al. (2016/0157078) in view of Tsai et al. (US 11,469,804) as applied to claim 18, and in further view of Revadigar et al. (2023/0328523)
Regarding claim 21, The method of claim 18 is taught by Palin. Palin does not explicitly teach, wherein the first quality metric data comprises first received signal strength indicator (RSSI) data, and the second quality metric data comprises second RSSI data, and wherein the method further comprises: analyzing, by the controller, the first RSSI data in the second RSSI data, and instructing either the first device or the second device to connect to a connecting device based on which one of the first device or the second device has a highest RSSI.
Revadigar et al. from the same or similar field of endeavor teaches wherein the first quality metric data comprises first link quality indicator (LQI) data,
and the second quality metric data comprises second LQI data. (Paragraph [0064] to communicate between the first authentication device and the second authentication device, the signal feature information can be a link quality indicator (LQI) )
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to implement the Revadigar’s resource management in Palin’s wireless paging. The motivation being to improve the accuracy of the authentication.
Palin in view of Revadigar teaches wherein the first quality metric data comprises first link quality indicator (LQI) data,
and the second quality metric data comprises second LQI data. Without explicitly teaching and wherein the method further comprises: analyzing, by the controller, the first LQI data in the second LQI data, and instructing either the first device or the second device to connect to a connecting device based on which one of the first device or the second device has a highest LQI.
Tsai from the same or similar field of endeavor teaches and wherein the method further comprises: analyzing, by the controller, the first LQI data in the second LQI data, and instructing either the first device or the second device to connect to a connecting device based on which one of the first device or the second device has a highest singal metric [C16:R52-57]: The determined first beamforming configuration may be selected based on the first trainee device measuring one or more of the highest signal quality metric values (e.g., above a signal quality threshold) when the first trainee device 1004 is operating in the first beamforming configuration.
Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the teaching of Palin in view of Revadigar incorporating Tsai’s sectorized beam search system. The motivation being the optimal beamforming configuration combination results in signals communicated between the trainer device 184 and the trainee device 186 being received with a signal quality metric value above a threshold condition [C5:R2-6].
Allowable Subject Matter
11. Claim 13 is objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAYO O FADEYI whose telephone number is (571)272-3690. The examiner can normally be reached Monday-Friday 7:30A-5PM.
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/ADEDAYO O FADEYI/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479