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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted was filed after the mailing date. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
Claim 1, 4-5, 8-9, 11, 14-15, 18-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 and all intervening claims of U.S. Patent No. 11405120 B2 (hereinafter ‘120) in view of Kerai et al (“Kerai”) (US 9288759 B2). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of Instant Application
Claim 1, 5, 6 of ‘120
A method of synchronizing device clocks, the method comprising: receiving, at a first device and a second device, a first data stream from a peripheral device, the first data stream having a first interval based on a first clock, the first clock maintained at the peripheral device, the first data stream comprising at least one transmission event; establishing a second data stream between the first device and a second device, the second data stream having a second interval associated with a second clock, the second clock maintained at the first device; synchronizing the second clock with the first clock using the at least one transmission event, wherein the at least one transmission event of the first data stream is associated with a first receiving window in the first data stream, the first receiving window having a first duration, and the at least one transmission event of the second data stream is associated with a second receiving window of the second data stream, the second receiving window having a second duration, and wherein the second duration is widened by adding a widening value to the second duration; and following synchronization of the second clock with the first clock,
1. A method of synchronizing device clocks, the method comprising: receiving, at a first device, a first isochronous data stream from a peripheral device, the first isochronous data stream having a first interval based on a first clock, the first clock maintained at the peripheral device, the first isochronous data stream comprising at least one transmission event, wherein the at least one transmission event of the first isochronous data stream comprises a first anchor point; establishing a second isochronous data stream between the first device and a second device, the second isochronous data stream having a second interval associated with a second clock, the second clock maintained at the first device, wherein the second data stream includes at least one transmission event comprising a second anchor point, and wherein the at least one transmission event of the second data stream is received after a determined subinterval, wherein the determined subinterval is a difference between the first anchor point and the second anchor point; synchronizing the second clock with the first clock using the at least one transmission event; and reverting, in response to the first device, the second device, or the peripheral device determining that a link quality between the first device and the peripheral device falls below a predetermined threshold, to an unsynchronized state wherein the second interval of the second isochronous data stream is independent of the first isochronous data stream, and wherein the first device is configured to receive a link layer request from the second device over the second isochronous data stream to shift the second anchor point in response to the determined subinterval falling below a predetermined threshold.
3. The method of claim 1, wherein synchronizing the first clock with the second clock includes using a predictive algorithm to predict an expected increase or decrease in the determined subinterval and shifting the second anchor point prior to receiving a subsequent transmission event of the first isochronous data stream based on the expected increase or decrease in the determined subinterval.
5. The method of claim 3, wherein the at least one transmission event of the first isochronous data stream comprises a first receiving window, the first receiving window having a first initial duration, and the at least one transmission event of the second isochronous stream comprises a second receiving window, the second receiving window having a second initial duration, and wherein the second initial duration is configured to be widened by adding a maximum drift value to the second initial duration, wherein the maximum drift value is based at least in part on the latest anchor point of the first isochronous data stream.
6. The method of claim 5, wherein the maximum drift value is added before the second initial duration
Claim 6 and all intervening claims of ’120 teaches widening the duration but not reducing however Kerai teaches reducing the second duration based on the at least one transmission event of the first data stream and/or the at least one transmission event of the second data stream [Column 5 ll 63-Column 6 ll 1-16, reduce receive window at slave device].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify reducing a window as in Kerai in order to calibrate the clock column 6 ll 1-16.
Claim 9, 11, 19 of the Instant Application also rejected based on claim 6 of ‘120 in view of Kerai.
Claim 4-5, 14-15 rejected based on claim 6 of ‘120 in view of Kerai.
Claim 8, 18 rejected based on claim 6 of ‘120 in view of Kerai.
Claim 2, 10, 12, 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 and all intervening claims of U.S. Patent No. 11405120 B2 (hereinafter ‘120) in view of Kerai et al (“Kerai”) (US 9288759 B2) and Linde et al. (“Linde”) (WO 2014189619 A1).
Regarding claim 12, Claim 6 of ‘120 in view of Kerai teaches the computer program product of claim 11 but does not teach LE Audio protocol.
Linde teaches wherein the first data stream uses an LE Audio protocol [¶0147 LE audio protocol].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the protocol in claim 6 of ‘120 be the LE audio protocol as in Linde to transport audio data ¶0074.
Claim 2 is rejected according to claim 6 of ‘120 in view of Linde as in claim 12.
Regarding claim 20, Claim 6 of ‘120 in view of Kerai teaches the computer program product of claim 11 but not expressly wearable audio devices.
Linde teaches wherein the first device and the second device are wearable audio devices [¶0056].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify wearable devices as in Linde who teaches slave devices may be many devices thus it would have been a simple substitution of parts to replace the peripheral devices of claim 6 of ‘120 with the wearable devices in Linde ¶0052.
Claim 10 rejected based on claim 6 of ‘120 in view of Linde as in claim 20.
Claim 3, 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 and all intervening claims of U.S. Patent No. 11405120 B2 (hereinafter ‘120) in view of Kerai et al (“Kerai”) (US 9288759 B2) and Tian et al. (“Tian”) (US 20100273417 A1).
Regarding claim 13, Claim 6 of ‘120 in view of Kerai teaches the computer program product of claim 11 but does not teach ACL transport.
Tian teaches wherein the second data stream uses an Asynchronous Connection-Oriented Logical (ACL) transport protocol [¶0004 ACL i.e. Bluetooth].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the protocol in claim 6 of ‘120 be the ACL Bluetooth protocol as this is more reliable in interference conditions ¶0004 of Tian.
Claim 3 rejected based on claim 6 of ‘120 in view of Kerai and Tian as in claim 13.
Claim 1, 4-5, 8-11, 14-15, 18-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12107669 B2 (hereinafter ‘669) in view of Kerai et al (“Kerai”) (US 9288759 B2). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of Instant Application
Claim 11 of ‘669
A method of synchronizing device clocks, the method comprising: receiving, at a first device and a second device, a first data stream from a peripheral device, the first data stream having a first interval based on a first clock, the first clock maintained at the peripheral device, the first data stream comprising at least one transmission event; establishing a second data stream between the first device and a second device, the second data stream having a second interval associated with a second clock, the second clock maintained at the first device; synchronizing the second clock with the first clock using the at least one transmission event, wherein the at least one transmission event of the first data stream is associated with a first receiving window in the first data stream, the first receiving window having a first duration, and the at least one transmission event of the second data stream is associated with a second receiving window of the second data stream, the second receiving window having a second duration, and wherein the second duration is widened by adding a widening value to the second duration; and following synchronization of the second clock with the first clock,
11. A computer program product for synchronizing device clocks, the computer program product including a set of non-transitory computer-readable instructions stored in a memory of a first device, the set of non-transitory computer-readable instructions being executable by a processor of the first device, and are configured to: receive, at the first device a first isochronous data stream from a peripheral device, the first isochronous data stream associated with a first clock, the first clock maintained at the peripheral device, the first isochronous data stream including at least one transmission event; establish a second isochronous data stream between the first device and a second device, the second isochronous data stream associated with a second clock, the second clock maintained at the first device; synchronize the second clock with the first clock using the at least one transmission event; and in response to a link quality between the second device and the peripheral device falling below a predetermined threshold, forward at least a portion of the first isochronous data stream from the first device to the second device via the second isochronous data stream, wherein the at least one transmission event of the first isochronous data stream is associated with a first receiving window in the first isochronous data stream, the first receiving window having a first initial duration, and the at least one transmission event of the second isochronous stream is associated with a second receiving window of the second isochronous data stream, the second receiving window having a second initial duration, and wherein the second initial duration is configured to be widened by adding a maximum drift value to the second initial duration.
Claim 1 of ’669 teaches widening the duration but not reducing however Kerai teaches reducing the second duration based on the at least one transmission event of the first data stream and/or the at least one transmission event of the second data stream [Column 5 ll 63-Column 6 ll 1-16, reduce receive window at slave device].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify reducing a window as in Kerai in order to calibrate the clock column 6 ll 1-16.
Claim 8-9, 11, 18-19 is rejected based on claim 1, 18 of ‘669 in view of Kerai.
Claim 4-5, 14-15 rejected based on claim 7 of ‘669 in view of Kerai.
Claim 10, 20 rejected based on claim 10 of ‘669 in view of Kerai.
Claim 2, 12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 and all intervening claims of U.S. Patent No. 12107669 B2 (hereinafter ‘669) in view of Kerai et al (“Kerai”) (US 9288759 B2) and Linde et al. (“Linde”) (WO 2014189619 A1).
Regarding claim 12, Claim 11 of ‘669 in view of Kerai teaches the computer program product of claim 1 but does not teach LE Audio protocol.
Linde teaches wherein the first data stream uses an LE Audio protocol [¶0147 LE audio protocol].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the protocol in claim 11 of ‘669 be the LE audio protocol as in Linde to transport audio data ¶0074.
Claim 2 is rejected according to claim 11 of ‘669 in view of Kerai and Linde as in claim 12.
Claim 3, 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12107669 B2 (hereinafter ‘669) in view of Kerai et al (“Kerai”) (US 9288759 B2) and Tian et al. (“Tian”) (US 20100273417 A1).
Regarding claim 13, Claim 11 of ‘669 in view of Kerai teaches the computer program product of claim 11 but does not teach ACL transport.
Tian teaches wherein the second data stream uses an Asynchronous Connection-Oriented Logical (ACL) transport protocol [¶0004 ACL i.e. Bluetooth].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the protocol in claim 11 of ‘669 be the ACL Bluetooth protocol as this is more reliable in interference conditions ¶0004 of Tian.
Claim 3 rejected based on Claim 11 of ‘669 in view of Kerai and Tian.
Allowable Subject Matter
Claim 6-7, 16-17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10778479 B1
US 20160191181 A1
US 20140029701 A1.
US 20210288764 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L. VOGEL whose telephone number is (303)297-4322. The examiner can normally be reached Monday-Friday 8AM-4:30 PM MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAY L VOGEL/Primary Examiner, Art Unit 2478
Prosecution Insights