Prosecution Insights
Last updated: July 17, 2026
Application No. 18/836,270

INCREASING RELIABILITY OF BLUETOOTH LOW ENERGY AUDIO LINKS

Non-Final OA §102
Filed
Aug 06, 2024
Priority
Apr 15, 2022 — IN 202241022438 +1 more
Examiner
LY, ANH VU H
Art Unit
Tech Center
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
944 granted / 1059 resolved
+29.1% vs TC avg
Minimal -0% lift
Without
With
+-0.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
1087
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1059 resolved cases

Office Action

§102
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 INTERPRETATION The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Claim Rejections - 35 USC § 102 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. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (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. Claims 1-3, 16-17, 29, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al (US 2017/0303076 A1). Regarding claim 1, Song discloses a method of wireless communication by a wireless device, the method comprising: scheduling Bluetooth packets for transmission to a peripheral device (Fig. 17, packets are transmitted to second device from first device) over a Bluetooth link (Fig. 10, isochronous channels) during an event (Fig. 17, channel interval 1701); obtaining a number of sub-events (NSE) and a burst number (BN) for the event, the BN indicating the number of Bluetooth packets scheduled for transmission during the event, the NSE indicating the number of sub-events within the event (427th paragraph and Fig. 17, NSE is set to 4 and BN is set to 2); obtaining a minimum transmission attempt (minTx) value for the scheduled Bluetooth packets, the minTx value indicating a minimum number of transmission attempts allocated for each of the scheduled Bluetooth packets during the event (427th paragraph and Fig. 17, Min_Tx is set to 2. As illustrated in Fig. 17, packet 1 and packet 2 is set to be transmitted 2 times during the channel interval 1701); determining flush points of the scheduled Bluetooth packets based at least in part on the minTx value, wherein the number of sub-events between the respective flush points of sequentially scheduled Bluetooth packets is based on the minTx value (434th paragraph, the first packet and the second packet are flushed after the first channel interval 1701 elapses. Herein, first and second packets are flushed after 2 configured Min_Tx in a channel interval); and transmitting one or more of the scheduled Bluetooth packets over the Bluetooth link during the event based at least in part on the determined flush points (Fig. 17). Regarding claim 2, Song discloses that wherein the minTx value is obtained independently of at least one of the NSE or the BN (Fig. 17, Min_Tx is set independently). Regarding claim 3, Song discloses that wherein the Bluetooth link is a one of a Low Energy (LE) connected isochronous (ISO) link or an LE broadcast ISO link (Fig. 10). Regarding claims 16, 29, and 30, Song discloses a wireless device (Fig. 2, server device), comprising: one or more processors (Fig. 2, controller 114); and a memory coupled to the tone or more processors and storing processor-readable code (Fig. 2, memory 115 storing instructions), that when executed by the one or more processors, is configured to: schedule Bluetooth packets for transmission to a peripheral device (Fig. 17, packets are transmitted to second device from first device) over a Bluetooth link (Fig. 10, isochronous channels) during an event (Fig. 17, channel interval 1701); obtain a number of sub-events (NSE) and a burst number (BN) for the event, the BN indicating the number of Bluetooth packets scheduled for transmission during the event, the NSE indicating the number of sub-events within the event (427th paragraph and Fig. 17, NSE is set to 4 and BN is set to 2); obtain a minimum transmission attempt (minTx) value for the scheduled Bluetooth packets, the minTx value indicating a minimum number of transmission attempts allocated for each of the scheduled Bluetooth packets during the event (427th paragraph and Fig. 17, Min_Tx is set to 2. As illustrated in Fig. 17, packet 1 and packet 2 is set to be transmitted 2 times during the channel interval 1701); determine flush points of the scheduled Bluetooth packets based at least in part on the minTx value, wherein the number of sub-events between the respective flush points of sequentially scheduled Bluetooth packets is based on the minTx value (434th paragraph, the first packet and the second packet are flushed after the first channel interval 1701 elapses. Herein, first and second packets are flushed after 2 configured Min_Tx in a channel interval); and transmit one or more of the scheduled Bluetooth packets over the Bluetooth link during the event based at least in part on the determined flush points (Fig. 17). Regarding claim 17, Song discloses that wherein the minTx value is obtained independently of at least one of the NSE or the BN (Fig. 17, Min_Tx is set independently). Allowable Subject Matter Claims 4-15 and 18-28 are 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 Cheong et al (US 2025/0240116 A1), generally related, discloses BLE communication using different coding schemes (Figs. 5-6). Lee et al (US 2024/0396849 A1), generally related, discloses establishing short range communications (Fig. 39). Choi et al (US 2024/0049116 A1), generally related, discloses adaptive link parameters for short range communications (Fig. 41). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be reached M-F 8am-5pm. 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, Nick Jensen can be reached at 571-270-5443. 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. ANH VU H. LY Primary Examiner Art Unit 2472 /ANH VU H LY/Primary Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Aug 06, 2024
Application Filed
Jul 10, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
89%
With Interview (-0.1%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1059 resolved cases by this examiner. Grant probability derived from career allowance rate.

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