Prosecution Insights
Last updated: August 14, 2026
Application No. 18/930,508

Methods and Systems for Establishing and Maintaining Presence Information of Neighboring Bluetooth Devices

Non-Final OA §103
Filed
Oct 29, 2024
Priority
Oct 06, 2013 — provisional 61/887,437 +5 more
Examiner
GONZALES, APRIL GUZMAN
Art Unit
Tech Center
Assignee
The Diablo Canyon Collective LLC
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
720 granted / 847 resolved
+25.0% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
22 currently pending
Career history
876
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
33.4%
-6.6% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 847 resolved cases

Office Action

§103
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 submitted on 10/29/2024 has been considered by the Examiner and made of record in the application file. Preliminary Amendment The present Office Action is based upon the original patent application filed on 10/29/2024 as modified by the preliminary amendment filed on 01/27/2025. Claims 1-3, 6-15, and 18-24 are now pending in the present application. Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3, 6-15, and 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (US 2013/0185654 herein Harris), and further in view of Craner (US 2004/0013252 A1). Regarding claim 1, Harris teaches a device to be worn by a user (read as physical interactions are captured based on wireless interactions between mobile communication devices of two users) (Harris – Figure 2, [0022]), comprising: a microphone (read as input/output related functions of the devices 208 and 215 can comprise various input/output sub-systems such as microphone, speaker, etc.) (Harris – [0039]); a wireless transceiver (read as respective devices 208 and 215 such as radio frequency (RF) transceivers) (Harris – [0036]); and one or more processors (read as devices 208 and 215 can include a number of components, the controlling components being processors) (Harris – [0036]) configured to: scan for a neighboring device of a neighboring user (read as RF transceivers can search for neighboring RF transceivers and perform a discovery or pairing) (Harris – [0038]); establish a connection with the neighboring device based on the scan (read as devices 208 and 215 can include an identification phase and a pairing phase) (Harris – [0044], [0048]). However, Harris fails to teach the neighboring device worn by the neighboring user, the connection utilized to receive information identifying the neighboring device or the neighboring user, and indicate to the user, based on the information, an identification of the neighboring device or the neighboring user. In the related art, Craner teaches the neighboring device worn by the neighboring user (read as personal speaker system; standard speakerphone 50) (Craner – [0033], [0075]), the connection utilized to receive information identifying the neighboring device or the neighboring user, and indicate to the user, based on the information, an identification of the neighboring device or the neighboring user (read as in step 914, the talkers speak, and when their voices are received the voice capture devices converts their voices into voice signals that are transmitted to the voice projecting device; step 916, in which prior to the projection of the talkers’ voice, each voice signal is identified as belonging to one of the talkers based upon voice print correlation techniques; the voice print correlation techniques compare the voice characteristics of all the talkers’ voices stored in the stored voice prints 60 and compares that to the voice input signal; step 918, spatialization component 56 is used to project the voices correlated to each of the talkers to their individual designated apparent spatial location between the speakers) (Craner – Figure 9B, [0091]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Craner into the teachings of Harris for the purpose of combining voiceprint identification of communication devices and indication of proximities with mobile communication connections and interactions using presence data to improve authentication communication capabilities using voiceprint identities and indicators, with improved size, power, and processing. Regarding claim 2 as applied to claim 1, Harris as modified by Craner further teaches wherein the neighboring user is identified as an existing contact (read as external database of prestored voiceprints is accessed for a match of the talkers’ voices; a corporate database or a personal database built over time that learns the voiceprints from various prior communications that have occurred with/via this device; talker groups are formed based on prior common associations so that if one talker is identified, this “group” or common talker groups may be loaded locally for quicker ID of other talkers on the call) (Craner – [0053]). Regarding claim 3 as applied to claim 1, Harris as modified by Craner further teaches wherein the neighboring user is determined to be an opted in network subscriber (read as network 12 is configured to be any type of network that can convey voices from a voice capture device 14 to the voice projecting device 23; by comparison, the talker identifier system and the voice signal can be carried over different paths in the same network) (Craner – [0032]). Regarding claim 6 as applied to claim 1, Harris as modified by Craner further teaches wherein the identification is indicated to the user when the microphone captures a voice of the neighboring user (read as an array microphone can be provided for speech capture; microphones 1012 are positioned proximate the talkers to determine spatial information of the voices of the talkers) (Craner – [0079], [0104]). Regarding claim 7 as applied to claim 1, Harris as modified by Craner further teaches wherein the identification includes comparing a voice of the neighboring user to a voice print linked to a profile of the neighboring user (read as step 914, the talkers speak, and when their voices are received the voice capture device converts their voices into voice signals that are transmitted to the voice projecting device; step 916, in which prior to the projection of the talkers’ voice, each voice signal is identified as belonging to one of the talkers based on voice print correlation techniques; voice print correlation techniques compare the voice characteristics of all the talkers’ voices stored in the stored voice prints 60 and compares that to the voice input signal) (Craner – [0091]). Regarding claim 8 as applied to claim 1, Harris as modified by Craner further teaches wherein the device and the neighboring device communicate with one another via Ultra Wide Band in a meshed ad-hoc network (Harris – Figure 2, [0051]). Regarding claim 9 as applied to claim 1, Harris as modified by Craner further teaches wherein the device scans for the neighboring device to receive a short report from the neighboring device (read as voices are transmitted from the voice capture device 14; voice projecting device 23 projects each voice segment in combination with a short introductory announcement, briefly announcing the identity of that talker; audio announcement provides short sound bites with the names of the respective talkers incorporated into the beginning of each sound bite; very short duration sound bites) (Craner – [0066], [0074]). Regarding claim 10 as applied to claim 9, Harris as modified by Craner further teaches wherein the device receives the information based on an extended report from the neighboring device (read as sample may be taken over an extended duration so the prior neutral sample device 1508 can statistically determine the neutral sample of that particular speaker) (Craner – [0132]). Regarding claim 11 as applied to claim 1, Harris as modified by Craner further teaches wherein the one or more processors are further configured to track a location or movement of the neighboring device in a room (read as in the presence of visual clues, distinct spatial voice locating information that differentiates the spatial location of each talker’s voice as it is projected within a three-dimensional setting such as a conference room helps a listener identify the talker) (Craner – [0051]). Regarding claim 12 as applied to claim 1, Harris as modified by Craner further teaches wherein the one or more processors are further configured to add the neighboring device to a presence list that includes other neighboring devices (read as a list created by user 110 to view their interaction strength with specific users; AP 210 can generate a list of devices connected to it along with their MAC address, names, format, IP, etc.; AP 210 reports a list of devices discovered on its network to the first device 208 at exchange 706, including the second device 215) (Harris – [0034], [0050], [0063]). Regarding claim 13, Harris teaches a method for connecting a device worn by a user (read as physical interactions are captured based on wireless interactions between mobile communication devices of two users) (Harris – Figure 2, [0022]), comprising: scanning, by a device worn by a user (read as physical interactions are captured based on wireless interactions between mobile communication devices of two users) (Harris – Figure 2, [0022]), for a neighboring device neighboring user (read as RF transceivers can search for neighboring RF transceivers and perform a discovery or pairing) (Harris – [0038]), wherein the device includes a microphone (read as input/output related functions of the devices 208 and 215 can comprise various input/output sub-systems such as microphone, speaker, etc.) (Harris – [0039]) and a wireless transceiver (read as respective devices 208 and 215 such as radio frequency (RF) transceivers) (Harris – [0036]); establishing a connection with the neighboring device based on the scan (read as devices 208 and 215 can include an identification phase and a pairing phase) (Harris – [0044], [0048]). However, Harris fails to teach the neighboring device work by the neighboring user; wherein the connection is utilized to receive information identifying the neighboring device or the neighboring user; and indicating to the user, based on the information, an identification of the neighboring device or the neighboring user. In the related art, Craner teaches the neighboring device work by the neighboring user; wherein the connection is utilized to receive information identifying the neighboring device or the neighboring user; and indicating to the user, based on the information, an identification of the neighboring device or the neighboring user (read as in step 914, the talkers speak, and when their voices are received the voice capture devices converts their voices into voice signals that are transmitted to the voice projecting device; step 916, in which prior to the projection of the talkers’ voice, each voice signal is identified as belonging to one of the talkers based upon voice print correlation techniques; the voice print correlation techniques compare the voice characteristics of all the talkers’ voices stored in the stored voice prints 60 and compares that to the voice input signal; step 918, spatialization component 56 is used to project the voices correlated to each of the talkers to their individual designated apparent spatial location between the speakers) (Craner – Figure 9B, [0091]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Craner into the teachings of Harris for the purpose of combining voiceprint identification of communication devices and indication of proximities with mobile communication connections and interactions using presence data to improve authentication communication capabilities using voiceprint identities and indicators, with improved size, power, and processing. Regarding claim 14 as applied to claim 13, Harris as modified by Craner further teaches further comprising: identifying the neighboring user as an existing contact (read as external database of prestored voiceprints is accessed for a match of the talkers’ voices; a corporate database or a personal database built over time that learns the voiceprints from various prior communications that have occurred with/via this device; talker groups are formed based on prior common associations so that if one talker is identified, this “group” or common talker groups may be loaded locally for quicker ID of other talkers on the call) (Craner – [0053]). Regarding claim 15 as applied to claim 13, Harris as modified by Craner further teaches further comprising: determining the neighboring user to be an opted in network subscriber (read as network 12 is configured to be any type of network that can convey voices from a voice capture device 14 to the voice projecting device 23; by comparison, the talker identifier system and the voice signal can be carried over different paths in the same network) (Craner – [0032]). Regarding claim 18 as applied to claim 13, Harris as modified by Craner further teaches wherein the device scans for the neighboring device to receive a short report from the neighboring device (read as voices are transmitted from the voice capture device 14; voice projecting device 23 projects each voice segment in combination with a short introductory announcement, briefly announcing the identity of that talker; audio announcement provides short sound bites with the names of the respective talkers incorporated into the beginning of each sound bite; very short duration sound bites) (Craner – [0066], [0074]). Regarding claim 19 as applied to claim 18, Harris as modified by Craner further teaches wherein the device receives the information based on an extended report from the neighboring device (read as sample may be taken over an extended duration so the prior neutral sample device 1508 can statistically determine the neutral sample of that particular speaker) (Craner – [0132]). Regarding claim 20 as applied to claim 13, Harris as modified by Craner further teaches further comprising: adding the neighboring device to a presence list that includes other neighboring devices (read as a list created by user 110 to view their interaction strength with specific users; AP 210 can generate a list of devices connected to it along with their MAC address, names, format, IP, etc.; AP 210 reports a list of devices discovered on its network to the first device 208 at exchange 706, including the second device 215) (Harris – [0034], [0050], [0063]). Regarding claim 21 as applied to claim 13, Harris as modified by Craner further teaches further comprising: estimating a distance to the neighboring device based at least in part on a signal strength received from the neighboring device (read as frequency of interaction between users can be used to measure the interaction strength of their relationship; interaction strength can be based on metrics, such as number of interactions within a defined time period; received signal strength indicator for peer-to-peer wireless channel that suggests close physical proximity) (Harris – [0021], [0030]). Regarding claim 22 as applied to claim 13, Harris as modified by Craner further teaches further comprising: limiting a presence list to include the neighboring device based on determining the neighboring device to be in a specified distance range (read as frequency of interaction between users can be used to measure the interaction strength of their relationship; interaction strength can be based on metrics, such as number of interactions within a defined time period; received signal strength indicator for peer-to-peer wireless channel that suggests close physical proximity; signal measurement unit for determining the strength of a received signal or received signal strength indication (RSSI)) (Harris – [0021], [0030], [0038]). Regarding claim 23 as applied to claim 13, Harris as modified by Craner further teaches further comprising: capturing a voice of the neighboring user based on determining the neighboring device to be in a specified distance range (read as frequency of interaction between users can be used to measure the interaction strength of their relationship; interaction strength can be based on metrics, such as number of interactions within a defined time period; received signal strength indicator for peer-to-peer wireless channel that suggests close physical proximity; signal measurement unit for determining the strength of a received signal or received signal strength indication (RSSI)) (Harris – [0021], [0030], [0038]). Regarding claim 24 as applied to claim 13, Harris as modified by Craner further teaches further comprising: determining a position of the neighboring device based at least in part on a triangulation or signal strength of the neighboring device (read as frequency of interaction between users can be used to measure the interaction strength of their relationship; interaction strength can be based on metrics, such as number of interactions within a defined time period; received signal strength indicator for peer-to-peer wireless channel that suggests close physical proximity; signal measurement unit for determining the strength of a received signal or received signal strength indication (RSSI)) (Harris – [0021], [0030], [0038]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to APRIL GUZMAN GONZALES whose telephone number is (571)270-1101. The examiner can normally be reached Monday - Friday 8:00 am to 4:00 pm EST. The examiner’s email is april.guzman@uspto.gov. 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, Wesley L. Kim can be reached at (571) 272-7867. 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. /APRIL G GONZALES/ Primary Examiner, Art Unit 2648
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Prosecution Timeline

Oct 29, 2024
Application Filed
Jan 27, 2025
Response after Non-Final Action
Jul 15, 2026
Non-Final Rejection mailed — §103 (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
85%
Grant Probability
91%
With Interview (+6.2%)
2y 7m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 847 resolved cases by this examiner. Grant probability derived from career allowance rate.

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