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
Claim 1 recites “issue, via the RF transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device” in lines 4-6.
The only limitation on the wireless device is that it be formed (in any way) to be capable of obtaining the result of “the first anchor point is adjacent in time with a second anchor point of a second device”.
The “so that” clause in this case does not add a further limitation to the recited wireless device.
Claim 18 recites “issue, via the RF transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device” in lines 6-8.
The only limitation on the wireless device is that it be formed (in any way) to be capable of obtaining the result of “the first anchor point is adjacent in time with a second anchor point of a second device”.
The “so that” clause in this case does not add a further limitation to the recited wireless device.
See MPEP 2111.04
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1 recites “so that” in line 5. For clarity, it is suggested to replace with “wherein”.
Claim 5 recites “comment” in line 3. For clarity, it is suggested to replace with “common”.
Claim 18 recites “so that” in line 7. For clarity, it is suggested to replace with “wherein”.
Claim 18 recites “the controlled” in line 4. For clarity, it is suggested to replace with “the controller”.
Claim 18 recites “wake up the RF transceiver keep the RF transceiver awake” in line 10. For clarity, it is suggested to replace with “wake up the RF transceiver and keep the RF transceiver awake”.
Claims 2-4, 6-17 and 19-20 are also objected since they are depended on the objected claims set forth above.
Appropriate correction is required.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 11,849,400 B2, hereinafter “Patent’400” in view of Kwon et al. (US 2019/0349718 A1, hereinafter “Kwon”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’400 by adding the well-known elements and functions as set forth below.
Regarding claim 1, Patent’400 discloses a device comprising: [see claim 1, line 1, claim 13; an electronic device]
a transceiver; and [see claim 1, line 4, claim 13; a transceiver]
a controller configured to: [see claim 1, line 3; a controller]
issue, via the transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device [see claim 12; wherein the controller is configured to send a request to the first device to change an anchor point of the first communication event], wherein the first anchor point is associated with the device, and the second anchor point is associated with the device; [see claims 1, 13; the electronic device configured to exchange a first packet with the first device in a first communication event and exchange a second packet with the second device in a second communication event; see claim 4; wherein the first communication event includes a first anchor point, and wherein the second communication event includes a second anchor point]
wake up the transceiver and keep the transceiver awake for a first duration of time [see claim 1, line 7, claim 13; wakeup the transceiver for a first period of time], the first duration of time encompassing the first and second anchor points [see claims 1, 13; cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time; see claim 4; wherein the first communication event includes a first anchor point, and wherein the second communication event includes a second anchor point];
during the first duration of time,
exchange a first packet with the first device in a first connection event, and [see claim 1, lines 8-10, claim 13; cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time]
exchange a second packet with the second device in a second connection event; [see claim 1, lines 11-13, claim 13; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time] and
power down the transceiver at an end of the first duration of time [see claim 1, lines 14-15; power down the transceiver at an end of the first period of time].
Patent’400 does not explicitly disclose the “wireless” device comprising the “RF” transceiver.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 2, Patent’400 discloses wherein the first and second connection events have a same connection interval. [see claim 2; the first and second devices having a same profile, the profile including a connection event duration and a connection interval]
Regarding claim 3, Patent’400 discloses wherein the controller is configured to issue the request in response to identifying that the first and second devices have the same connection interval [see claims 1, 2, 7, 12; wherein the controller is configured to send the request in response to the first and second devices have the same connection intervals].
Regarding claim 4, Patent’400 discloses wherein the first and second connection events have a same duration. [see claim 2; the first and second devices having a same profile, the profile including a connection event duration and a connection interval]
Regarding claim 5, Patent’400 discloses wherein a first connection interval of the first connection event, and a second connection interval of the second connection event is each an integer multiple of a comment connection interval. [see claim 9; wherein connection intervals for the first and second devices each is an integer multiple of a common connection interval]
Regarding claim 6, Patent’400 discloses wherein the first connection event has a different duration than the second connection event. [see claims 2, 11; the first and second devices having a same profile, the profile including a connection event duration and a connection interval, wherein a duration of the first communication event is predetermined]
Regarding claim 7, Patent’400 discloses wherein a cluster of devices includes the first and second devices [see claim 1, lines 5-6; determine a cluster of devices including a first device and a second device], and wherein the controller is configured to exchange packets with each device of the cluster of devices during the first duration of time [see claim 1; the controller configured to: cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time], and wherein the controller is configured to:
after powering down the transceiver at the end of the first duration of time, modify the cluster of devices to include a third device; after modifying the cluster of devices, wake up the transceiver and keep the transceiver awake for a second duration of time encompassing the first or second anchor points, and a third anchor point associated with the third device; and during the second duration of time, exchange a third packet with the first device or second device in a third connection event, and exchange a fourth packet with the third device in a fourth connection event; and power down the transceiver at an end of the second duration of time. [see claim 1, lines 14-22; power down the transceiver at an end of the first period of time; modify the cluster of devices to include at least one of the first and second devices and a third device; and wakeup the transceiver for a second period of time, cause the transceiver to exchange a packet with each device of the modified cluster within the second period of time, and power down the transceiver at the end of the second period of time; see claim 4; wherein the first communication event includes a first anchor point, and wherein the second communication event includes a second anchor point]
Regarding claim 8, Patent’400 discloses wherein the controller is configured to, after the end of the second duration of time: remove a device from the cluster of devices [see claims 13, 23; after the duration, removing the first or second device from the cluster of devices]; wake up the transceiver and keep the transceiver awake for a third duration of time; and exchange a packet with each device of the cluster of devices during the third duration of time [see claim 13; exchanging a third packet with the third device in a third connection event, in which the duration the transceiver is awake includes a timing of the third connection event].
Regarding claim 9, Patent’400 discloses wherein the first and second anchor points are Bluetooth Low Energy (BLE) anchor points. [see claims 13, 16; the first connection event includes a first Bluetooth Low Energy (BLE) anchor point, and the second connection event includes a second BLE anchor point]
Regarding claim 10, Patent’400 discloses wherein the device is a central node. [see claim 5; the electronic device is a central node]
Patent’400 does not explicitly disclose the “wireless” device.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 11, Patent’400 discloses wherein the device is a peripheral node. [see claim 6; the electronic device is a peripheral node]
Patent’400 does not explicitly disclose the “wireless” device.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 12, Patent’400 discloses wherein the first device is peripheral device [see claim 20; wherein the first device is a peripheral device].
Patent’400 does not explicitly disclose the second device is peripheral device.
However, Kwon teaches wherein the first and second devices are peripheral devices [see Fig. 4-5, 10-11, para. 232-238, 321-322; the first and second devices are peripheral devices].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein the first and second devices are peripheral devices”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 13, Patent’400 discloses wherein the first and second devices are central devices. [see claims 18-19; the first and second devices are central devices]
Regarding claim 14, Patent’400 discloses wherein the controller comprises the transceiver. [see claim 1, lines 3-4; the controller including the transceiver]
Patent’400 does not explicitly disclose the “RF” transceiver.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 15, Patent’400 discloses wherein the controller is a Bluetooth Low Energy (BLE) controller [see claim 4; wherein the controller is a Bluetooth Low Energy controller].
Patent’400 does not explicitly disclose the “wireless” device is a Bluetooth Low Energy (BLE) device.
However, Kwon teaches the wireless device is a Bluetooth Low Energy (BLE) device [see para. 59; the server device and the client device perform Bluetooth communication using a BLE technology].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “the wireless device is a Bluetooth Low Energy (BLE) device”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 16, Patent’400 discloses wherein the controller is configured to obtain connection event time durations for the first and second devices [see claims 2, 11, 13; the controller is configured to obtain connection event time durations for the first and second devices].
Patent’400 does not explicitly disclose a database.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller], wherein the controller is configured to obtain connection event time durations from a database [see Fig. 2, para. 25, 70, 75, 84, 333-337; the controller is configured to obtain connection interval from a memory].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller is configured to obtain connection event time durations from a database”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 17, Patent’400 discloses wherein the device is a multi-role device [see claim 5; the electronic device is a central node; see claim 6; the electronic device is a peripheral node].
Patent’400 does not explicitly disclose the “wireless” device.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 18, Patent’400 discloses a device comprising: [see claim 1, line 1; an electronic device]
a host; and [see claim 1, line 2; a host hardware]
a controller comprising a physical (PHY) layer having a transceiver, and a host-controller interface coupled to the host [see claim 1, lines 3-4; a controller coupled to the host hardware, the controller including a transceiver], wherein the controlled is configured to:
issue, via the transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device [see claim 12; wherein the controller is configured to send a request to the first device to change an anchor point of the first communication event], wherein the first anchor point is associated with the device, and the second anchor point is associated with the device; [see claim 1; the electronic device configured to exchange a first packet with the first device in a first communication event and exchange a second packet with the second device in a second communication event; see claim 4; wherein the first communication event includes a first anchor point, and wherein the second communication event includes a second anchor point]
wake up the transceiver keep the transceiver awake for a first duration of time [see claim 1, line 7; wakeup the transceiver for a first period of time], the first duration of time encompassing the first and second anchor points [see claim 1; cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time; see claim 4; wherein the first communication event includes a first anchor point, and wherein the second communication event includes a second anchor point];
during the first duration of time,
exchange a first packet with the first device in a first connection event, and [see claim 1, lines 8-10; cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time]
exchange a second packet with the second device in a second connection event; and [see claim 1, lines 11-13; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time]
power down the transceiver at an end of the first duration of time. [see claim 1, lines 14-15; power down the transceiver at an end of the first period of time]
Patent’400 does not explicitly disclose the “wireless” device comprising the “RF” transceiver.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 19, Patent’400 discloses a first profile associated with the first device that includes a connection event duration and a connection interval for the first device [see claim 2; the first and second devices having a same profile, the profile including a connection event duration and a connection interval].
Patent’400 does not explicitly disclose store the first profile.
However, Kwon teaches a wireless device comprising a host, wherein the host is configured to store a profile [see Fig. 2-3, para. 79-126; a wireless device comprising a host, wherein the host is configured to store a profile].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a host, wherein the host is configured to store a profile”, as taught by Kwon, into the system of Patent’400 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 20, Patent’400 discloses wherein a cluster of devices includes the first and second devices [see claim 1, lines 5-6; determine a cluster of devices including a first device and a second device], and wherein the controller is configured to exchange packets with each device of the cluster of devices during the first duration of time [see claim 1; the controller configured to: cause the transceiver to exchange a first packet with the first device in a first communication event within the first period of time; cause the transceiver to exchange a second packet with the second device in a second communication event within the first period of time], and wherein the controller is configured to:
after powering down the transceiver at the end of the first duration of time, modify the cluster of devices to add or remove a device; after modifying the cluster of devices, wake up the transceiver and keep the transceiver awake for a second duration of time; and exchange a packet with each device of the cluster of devices during the second duration of time. [see claim 1, lines 16-21; power down the transceiver at an end of the first period of time; modify the cluster of devices to include at least one of the first and second devices and a third device; and wakeup the transceiver for a second period of time, cause the transceiver to exchange a packet with each device of the modified cluster within the second period of time]
Claims 1-7 and 9-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,114,268 B2, hereinafter “Patent’268” in view of Kwon et al. (US 2019/0349718 A1, hereinafter “Kwon”).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’268 by adding the well-known elements and functions as set forth below.
Regarding claim 1, Patent’268 discloses a wireless device [see claim 1, line 2; a wireless device] comprising:
a radio-frequency (RF) transceiver [see claim 1, line 9; a wireless transceiver]; and
configured to:
issue, via the RF transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device, wherein the first anchor point is associated with the wireless device, and the second anchor point is associated with the wireless device; [see claim 1, lines 2-8; issuing, by a wireless device, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device, wherein the first anchor point is associated with the wireless device, and the second anchor point is associated with the wireless device]
wake up the RF transceiver and keep the RF transceiver awake for a first duration of time, the first duration of time encompassing the first and second anchor points; [see claim 1, lines 9-12; waking up a transceiver of the wireless device and keeping the transceiver awake for a first duration of time, the first duration of time encompassing the first and second anchor points]
during the first duration of time [see claim 1, line 13; during the first duration of time],
exchange a first packet with the first device in a first connection event [see claim 1, lines 14-15; exchanging, by the wireless device, a first packet with the first device in a first connection event], and
exchange a second packet with the second device in a second connection event [see claim 1, lines 16-17; exchanging, by the wireless device, a second packet with the second device in a second connection event]; and
power down the RF transceiver at an end of the first duration of time [see claim 1, lines 19-20; powering down the transceiver at an end of the first duration of time].
Patent’268 does not explicitly disclose a controller.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 2, Patent’268 discloses wherein the first and second connection events have a same connection interval. [see claim 2; the first and second devices have fixed durations for connection events and connection intervals; see claim 6; the first and second devices having a same profile]
Regarding claim 3, Patent’268 discloses wherein the wireless device is configured to issue the request in response to identifying that the first and second devices have the same connection interval. [see claim 2; issuing the request in response to identifying that the first and second devices have fixed durations for connection events and connection intervals; see claim 6; issuing the request in response to the first and second devices having a same profile]
Patent’268 does not explicitly disclose a controller.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 4, Patent’268 discloses wherein the first and second connection events have a same duration. [see claim 2; the first and second devices have fixed durations for connection events and connection intervals; see claim 6; the first and second devices having a same profile]
Regarding claim 5, Patent’268 discloses wherein a first connection interval of the first connection event, and a second connection interval of the second connection event is each an integer multiple of a comment connection interval. [see claim 11; connection intervals for the first and second devices each is an integer multiple of a common connection interval]
Regarding claim 6, Patent’268 discloses wherein the first connection event has a different duration than the second connection event. [see claim 2; the first and second devices have fixed durations for connection events and connection intervals]
Regarding claim 7, Patent’268 discloses wherein a cluster of devices includes the first and second devices [see claim 5; wherein a cluster of devices include the first and second devices], and wherein the wireless device is configured to exchange packets with each device of the cluster of devices during the first duration of time [see claim 1; during the first duration of time, exchanging, by the wireless device, a first packet with the first device in a first connection event, and exchanging, by the wireless device, a second packet with the second device in a second connection event], and wherein the wireless device is configured to:
after powering down the transceiver at the end of the first duration of time, modify the cluster of devices to include a third device; [see claim 5; after powering down the transceiver, modifying the cluster to include a third device]
after modifying the cluster of devices, wake up the transceiver and keep the transceiver awake for a second duration of time encompassing the first or second anchor points, and a third anchor point associated with the third device; and [see claim 5; after modifying the cluster, waking up the transceiver for a second duration of time encompassing the first or second anchor points, and a third anchor point associated with the third device]
during the second duration of time, [see claim 5; during the second duration of time]
exchange a third packet with the first device or second device in a third connection event, and [see claim 5; exchanging, by the wireless device, a third packet with the first device or second device in a third connection event]
exchange a fourth packet with the third device in a fourth connection event; and [see claim 5; exchanging a fourth packet with the third device in a fourth connection event]
power down the transceiver at an end of the second duration of time. [see claim 5; powering down the transceiver at an end of the second duration of time]
Patent’268 does not explicitly disclose a controller.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 9, Patent’268 discloses wherein the first and second anchor points are Bluetooth Low Energy (BLE) anchor points. [see claim 8; the first and second anchor points are Bluetooth Low Energy (BLE) anchor points]
Regarding claim 10, Patent’268 discloses wherein the wireless device is a central node. [see claim 9; the wireless device is a central node]
Regarding claim 11, Patent’268 discloses wherein the wireless device is a peripheral node. [see claim 10; the wireless device is a peripheral node]
Regarding claim 12, Patent’268 does not explicitly disclose wherein the first and second devices are peripheral devices.
However, Kwon teaches wherein the first and second devices are peripheral devices [see Fig. 4-5, 10-11, para. 232-238, 321-322; the first and second devices are peripheral devices].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein the first and second devices are peripheral devices”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 13, Patent’268 does not explicitly disclose wherein the first and second devices are central devices.
However, Kwon teaches wherein the first and second devices are central devices [see Fig. 4-5, 10-11, para. 232-238, 321-322; the first and second devices are central devices].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein the first and second devices are central devices”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 14, Patent’268 discloses wherein the wireless device comprises the RF transceiver. [see claim 1, line 9; the wireless device comprises the wireless transceiver]
Patent’268 does not explicitly disclose a controller.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller, wherein the controller comprises the wireless transceiver].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller comprises the RF transceiver”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 15, Patent’268 discloses wherein the wireless device is a Bluetooth Low Energy (BLE) device. [see claim 12; the wireless device is a Bluetooth Low Energy (BLE) device]
Regarding claim 16, Patent’268 discloses wherein the wireless device is configured to obtain connection event time durations for the first and second devices [see claim 2; the first and second devices have fixed durations for connection events and connection intervals] from a database.
Patent’268 does not explicitly disclose a controller and a database.
However, Kwon teaches a wireless device comprising a radio-frequency (RF) transceiver and a controller [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a wireless transceiver and a controller], wherein the controller is configured to obtain connection event time durations from a database [see Fig. 2, para. 25, 70, 75, 84, 333-337; the controller is configured to obtain connection interval from a memory].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a radio-frequency (RF) transceiver and a controller, wherein the controller is configured to obtain connection event time durations from a database”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 17, Patent’268 discloses wherein the wireless device is a multi-role device. [see claim 9; the wireless device is a central node; see claim 10; the wireless device is a peripheral node; see claim 12; the wireless device is a Bluetooth Low Energy (BLE) device]
Regarding claim 18, Patent’268 discloses a wireless device [see claim 1, line 2; a wireless device] comprising:
a radio-frequency (RF) transceiver [see claim 1, line 9; a wireless transceiver], wherein the wireless device is configured to:
issue, via the RF transceiver, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device, wherein the first anchor point is associated with the wireless device, and the second anchor point is associated with the wireless device; [see claim 1, lines 2-8; issuing, by a wireless device, a request to a first device to change a first anchor point of the first device so that the first anchor point is adjacent in time with a second anchor point of a second device, wherein the first anchor point is associated with the wireless device, and the second anchor point is associated with the wireless device]
wake up the RF transceiver keep the RF transceiver awake for a first duration of time, the first duration of time encompassing the first and second anchor points; [see claim 1, lines 9-12; waking up a transceiver of the wireless device and keeping the transceiver awake for a first duration of time, the first duration of time encompassing the first and second anchor points]
during the first duration of time, [see claim 1, line 13; during the first duration of time]
exchange a first packet with the first device in a first connection event, and [see claim 1, lines 14-15; exchanging, by the wireless device, a first packet with the first device in a first connection event]
exchange a second packet with the second device in a second connection event; and [see claim 1, lines 16-17; exchanging, by the wireless device, a second packet with the second device in a second connection event]
power down the RF transceiver at an end of the first duration of time. [see claim 1, lines 19-20; powering down the transceiver at an end of the first duration of time]
Patent’268 does not explicitly disclose a host and a controller comprising a physical (PHY) layer, and a host-controller interface coupled to the host.
However, Kwon teaches a wireless device comprising a host; and a controller comprising a physical (PHY) layer having a radio-frequency (RF) transceiver, and a host-controller interface coupled to the host [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a host, and a controller comprising a PHY layer having a wireless transceiver, and a host controller interface coupled to the host].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a host; and a controller comprising a physical (PHY) layer having a radio-frequency (RF) transceiver, and a host-controller interface coupled to the host”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 19, Patent’268 discloses a first profile associated with the first device that includes a connection event duration and a connection interval for the first device. [see claim 2; the first and second devices have fixed durations for connection events and connection intervals; see claim 6; the first and second devices having a same profile]
Patent’268 does not explicitly disclose the host is configured to store the first profile.
However, Kwon teaches a wireless device comprising a host, wherein the host is configured to store a profile [see Fig. 2-3, para. 79-126; a wireless device comprising a host, wherein the host is configured to store a profile].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a host, wherein the host is configured to store a profile”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
Regarding claim 20, Patent’268 discloses wherein a cluster of devices includes the first and second devices [see claim 5; wherein a cluster of devices include the first and second devices], and wherein the wireless device is configured to exchange packets with each device of the cluster of devices during the first duration of time [see claim 1; during the first duration of time, exchanging, by the wireless device, a first packet with the first device in a first connection event, and exchanging, by the wireless device, a second packet with the second device in a second connection event], and wherein the wireless device is configured to:
after powering down the transceiver at the end of the first duration of time, modify the cluster of devices to add or remove a device; [see claim 5; after powering down the transceiver, modifying the cluster to include a third device]
after modifying the cluster of devices, wake up the transceiver and keep the transceiver awake for a second duration of time; and [see claim 5; after modifying the cluster, waking up the transceiver for a second duration of time]
exchange a packet with each device of the cluster of devices during the second duration of time. [see claim 5; exchanging, by the wireless device, a third packet with the first device or second device in a third connection event during the second duration of time]
Patent’268 does not explicitly disclose a controller.
However, Kwon teaches a wireless device comprising a host; and a controller comprising a physical (PHY) layer having a radio-frequency (RF) transceiver, and a host-controller interface coupled to the host [see Fig. 2-3, para. 79-89, 99-126; a wireless device comprising a host, and a controller comprising a PHY layer having a wireless transceiver, and a host controller interface coupled to the host].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “a wireless device comprising a host; and a controller comprising a physical (PHY) layer having a radio-frequency (RF) transceiver, and a host-controller interface coupled to the host”, as taught by Kwon, into the system of Patent’268 so that it would transmit and receive data using the Bluetooth technology [see Kwon, para. 15].
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takeuchi et al. (US 2019/0327675 A1) discloses one of the mobile terminals and one of the BLE terminals are connected together such that the mobile terminal is a central and the BLE terminal is a peripheral.
Raisoni (US 2017/0367104 A1) discloses wireless communication between communication devices of an analyte monitoring system using a wireless communication protocol that restricts packet size, such as the Bluetooth Low Energy (BLE) protocol.
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/BRIAN T LE/Primary Examiner, Art Unit 2469
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