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 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 1-4, 7, 13 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hunn, ‘Introducing Bluetooth LE Audio’, in view of Brown et al, US Patent Pub. 20200296724 A1. (The Hunn reference is cited in IDS filed 10/30/2024)
Re Claim 1, Hunn discloses a method of providing assistive listening to a user of an audio receiver device (pg. 16, last paragraph: wireless earbuds provide listening to listeners), the method comprising: providing an audio source device for broadcasting Auracast streams (pg. 287, fig. 12.4: Broadcast Source), the audio receiver device for receiving Auracast streams (pg. 287, 2nd paragraph: Bluetooth LE Audio is an auracast stream by automatically scanning nearby Broadcast sink devices to pair with), a Broadcast Assistant device wirelessly connected with the audio receiver device (pg. 287, fig. 12.4: Broadcast Assistant); detecting, by the Broadcast Assistant device, proximity of the Broadcast Assistant device to the synchronizer device (pg. 287, 2nd paragraph: Bluetooth LE Audio is an auracast stream by automatically scanning nearby Broadcast sink devices to pair with by utilizing different proximity technologies), and receiving, by the Broadcast Assistant device via a wireless protocol different from a Bluetooth protocol (pg. 76, last paragraph to pg. 77, line first paragraph: ability to switch underlying protocols back and forth implies more than one protocol in addition to the Bluetooth protocol), information required for identifying the audio source device from the synchronizer device upon detection of proximity (fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered); retrieving, by the Broadcast Assistant device, via a wireless protocol different from the Bluetooth protocol (pg. 76, last paragraph to pg. 77, line first paragraph: ability to switch underlying protocols back and forth implies more than one protocol in addition to the Bluetooth protocol), synchronization information required for synchronizing the audio receiver device to the audio source device to receive an Auracast stream (fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered); synchronizing, by the Broadcast Assistant device, to an Auracast periodic advertising of the audio source device (fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered); providing, by the Broadcast Assistant device, the synchronization information to the audio receiver device (fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered); and synchronizing the audio receiver device to the audio source device for receiving the Auracast stream from the audio receiver device (fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered); but fails to explicitly disclose a synchronizer device and information required for identifying the audio source device from the synchronizer device upon detection of proximity to the synchronizer device. However, Brown et al discloses a system that teaches the concept of including a synchronization device to carry out synchronization between at least two wireless devices based on the determined proximity (Brown et al, para 0012). It would have been obvious to one of ordinary skill to modify Hunn to include a synchronization device as taught in Brown et al dedicated to carry out the synchronization of Hunn with determined proximity for the purpose of including a device specifically dedicated to synchronization.
Re Claim 2, the combined teachings of Hunn and Brown et al disclose the method of claim 1, wherein the Broadcast Assistant device instructs the audio receiver device to synchronize to the audio source device and to render the Auracast stream broadcasted by the audio source device (Hunn, fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered).
Re Claim 3, the combined teachings of Hunn and Brown et al disclose the method of claim 2, wherein the Broadcast Assistant device is wirelessly connected with the audio receiver device via Bluetooth LE (Hunn, pg. 287, 2nd paragraph: Bluetooth LE Audio is an auracast stream by automatically scanning nearby Broadcast sink devices to pair with), and wherein the Broadcast Assistant device uses a standard BASS profile to provide the information required for Auracast synchronizing of the audio receiver device to the audio source device to the audio receiver device (Hunn, pg. 118, 2nd paragraph: BASS to obtain Broadcast_Code; pg. 121, 2nd paragraph: BASS to transfer Broadcat_Code; pg. 213, ‘BASS – the Broadcast Audio Scan Service’ section) and to send commands to the audio receiver device to synchronize to the audio source device and to render the Auracast stream broadcasted by the audio source device (Hunn, pg. 118, 2nd paragraph: BASS to obtain Broadcast_Code; pg. 121, 2nd paragraph: BASS to transfer Broadcat_Code; pg. 213, ‘BASS – the Broadcast Audio Scan Service’ section).
Re Claim 4, the combined teachings of Hunn and Brown et al disclose the method of claim 1, wherein the Broadcast Assistant device retrieves the information required for Auracast synchronizing the audio receiver device to the audio source device from the audio source device (Hunn, fig. 12.4: Broadcast Assistant communicates advertisement signals with Broadcast Source; pg. 118, 3rd paragraph: broadcast assistant scans for advertisements which indicate the presence of extended advertisements in exactly the same way as another other scanning device and synchronize with the Broadcast Sink devices once scanned device is discovered).
Re Claim 7, the combined teachings of Hunn and Brown et al disclose the method of claim 1, wherein said wireless protocol used by the synchronizer device for transmitting said information required for identifying the audio source device is a proprietary protocol (Hunn, pg. 47, last paragraph: ‘additional and proprietary codecs can be added…’).
Claim 13 has been analyzed and rejected according to claim 1.
Re Claim 15, the combined teachings of Hunn and Brown et al disclose the system of claim 13, wherein the audio source device(s) and the Broadcast assistant device are devices utilizing the same hardware and the same software with a user interface allowing to select operation either as an audio source device or as a Broadcast Assistant device (Hunn, pg. 287, fig. 12.4: Broadcast Source & Broadcast Assistant are multimedia devices that include identical hardware and software).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hunn, ‘Introducing Bluetooth LE Audio’, and Brown et al, US Patent Pub. 20200296724 A1 as applied to claim 1 above, in view of Hariharan, US Patent Pub. 20180084484 A1.
Re Claim 6, the combined teachings of Hunn and Brown et al disclose the method of claim 1, but fail to explicitly disclose wherein proximity is detected when a strength of a wireless signal from the synchronizer device, as measured by the Broadcast Assistant device, is found to be above a given threshold value. However, Hariharan discloses a system that teaches the concept of an accessory device being able to establish Bluetooth LE connection with a host device where the host device can detect physical proximity with the accessory device based on the detected beacon characteristics of signal strength, signal-to-noise ratio, bit error rate in comparisons to a predetermined threshold for that characteristic (Hariharan, para 0040: signal strength compared to be determined if it is above or below predetermined threshold). However, it would have been obvious to modify the Hunn reference such that the proximity between its broadcast assistant and broadcast sink device is determined based on the signal strength in relation to a predetermined threshold as taught in Hariharan for the purpose of determining close physical proximity to establish wireless communication between the devices.
Allowable Subject Matter
Claims 5, 8-12, 14 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.
The following is a statement of reasons for the indication of allowable subject matter for claim 5: The prior art does not teach or moderately suggest the following limitations:
Wherein the wireless protocol different from the Bluetooth protocol used by the Broadcast Assistant device for retrieving said information required for Auracast synchronizing from the audio source device equals the wireless protocol used by the synchronizer device for transmitting said information required for identifying the audio source device.
Limitations such as these may be useful in combination with other limitations of claim 4 and ultimately claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claims 8-12: The prior art does not teach or moderately suggest the following limitations:
Further comprising: providing a second audio source device for broadcasting a second Auracast stream bringing the second audio source device in proximity to the Broadcast Assistant device and starting signal transmission, by the second audio source device via a wireless protocol different from the Bluetooth protocol, detecting, by the Broadcast Assistant device, proximity of the Broadcast Assistant device to the second audio source device from said signal transmission, and receiving upon detection of proximity to the second audio source device, by the Broadcast Assistant device from the second audio source device via said wireless protocol different from the Bluetooth protocol, information required for synchronizing to the second audio source device to receive the second Auracast stream, synchronizing, by the Broadcast Assistant device, to an Auracast periodic advertising of the second audio source device, providing, by the Broadcast Assistant device, the information required for Auracast synchronizing to the second audio source device to the audio receiver device, and stopping synchronization of the audio receiver device to the audio source device and synchronizing the audio receiver device to the second audio source device for receiving an Auracast stream from the second audio source device.
Limitations such as these may be useful in combination with other limitations of claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 14: The prior art does not teach or moderately suggest the following limitations:
Further comprising: a second audio source device for broadcasting a second Auracast stream, wherein the second audio source device is operable to transmit, to the Broadcast Assistant device when in proximity to the second audio source device, via a wireless protocol different from the Bluetooth protocol, information required for synchronizing to the second audio source device to receive the second Auracast stream, wherein the Broadcast Assistant device is configured to detect proximity of the Broadcast Assistant device to the second audio source device and to receive upon detection of proximity to the second audio source device, via said wireless protocol different from the Bluetooth protocol, information required for Auracast synchronizing to the second audio source device from the second audio source device, to synchronize to an Auracast periodic advertising of the second audio source device, and to provide the information required for Auracast synchronizing of the audio receiver device to the second audio source device to the audio receiver device, wherein the audio receiver device is configured to stop synchronization to the audio source device and synchronize, by using the synchronization information received from the Broadcast Assistant device, to the second audio source device for receiving the second Auracast stream from the second audio source device.
Limitations such as these may be useful in combination with other limitations of claim 13.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 09/02/2026
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