Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Introduction
2. This action responds to amendment filed on 07-23-2026. Claims 1 and 11 have been amended. Claims 1-20 are pending.
Double Patenting
3. 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.
4. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,182,472. Although the claims at issue are not identical, they are not patentably distinct from each other because, the current (18/947,513) claim limitations are broader than claims 1-18 of U.S. Patent No. 12,182,472 as shown in the table below.
Instant Application No. 18/947,513
US PAT. 12,182,472.
1. A method, comprising: calculating a location of a first device relative to a second device based on a wave signal transmitted between the first device and the second device; determining a zone status of the first device based on the location of the first device relative to the second device and a predetermined zone; and initiating a Bluetooth Connected Isochronous Stream (CIS) connection between the first device and the second device based on the zone status indicating that the first device is within the predetermined zone.
1. A method, comprising: calculating a location of a first device relative to a second device based on a wave signal transmitted from one of the first device or the second device to the other of the first device or the second device, wherein the first device is a wearable audio device; determining a zone status of the first device based on the location of the first device relative to the second device and a predetermined zone; and initiating an action based on the zone status, wherein the action comprises playing, via the first device, audio corresponding to a broadcast isochronous stream (BIS) provided by the second device if the zone status indicates that the first device is within the predetermined zone; and wherein the wave signal is embedded in an advertisement packet, wherein the advertisement packet comprises an advertisement protocol data unit (PDU), wherein the advertisement PDU comprises an announcement corresponding to the BIS, and wherein the predetermined zone is defined by coordinates embedded in the advertisement PDU.
Claim Rejections - 35 USC § 103
5. 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 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.
6. 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.
7. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
. 8. Claims 1-3, 8-9, 11-13 and 18-19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Starobin et al. (US 2019/0394589) in view of Lee (US.2022/0272644).
Consider claim 1, Starobin teaches a method, comprising:
calculating(see figs. 7-8) a location of a first device (see fig. 1(112-115)) relative to a second device(see fig. 1(111)) based on a wave signal transmitted from one of the first device or the second device (see fig. 1(112-115, 111)) to the other of the first device or the second device, wherein the first device is a wireless audio device(see figs. 1-2 and paragraphs[0024]-[0029]);
determining a zone status of the first device(see fig.1 (front left loudspeaker 112, front right loudspeaker 113) in fig. 1, family room) based on the location of the first device(see fig. 1(112-115)) relative to the second device(see fig. 1(111)) and a predetermined zone(a predetermined zone such as family room, kitchen, master bedroom)(see figs. 2-3 and paragraphs [0038]-[0045]); and initiate an action based on the zone status(see figs. 1-6 and paragraphs[0050]-[0055]), wherein the first device(see fig.7) is configured to play audio provided by the second device(see fig. 8) (see figs. 1-6 and paragraphs[0057]-[0065]); but Starobin does not explicitly teach initiating a Bluetooth Connected Isochronous Stream (CIS) connection between the first device and the second device based on the zone status indicating that the first device is within the predetermined zone..
However, Lee teaches initiating a Bluetooth Connected Isochronous Stream (CIS) connection between the first device and the second device based on the zone status indicating that the first device is within the predetermined zone (see figs. 1-27 and paragraphs[0250]-[0331]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Lee into the teaching of Starobin to provide determining a first synchronization value associated with a point in time at which reception of the audio data of each of a first device and a second device is completed; determining a second synchronization value for synchronizing points in time at which the audio data is output from the first device and the second device; determining a first synchronization reference time point based on the first synchronization value and the second synchronization value; performing a specific operation associated with transmitting the audio data; and transmitting, to each of the first device and the second device, the audio data on a specific channel associated with transmitting the audio data, wherein the audio data is transmitted based on the first synchronization reference time point and a second synchronization reference time point determined based on a specific time value for the specific operation.
Consider claims 2 and 3, Starobin as modified by Lee teaches the method wherein calculating the location of the first device relative to the second device is performed by the first device(see figs. 2-3 and paragraphs[0038]-[0046]); and the method wherein the first device comprises an antenna array(see figs. 5-8 and paragraphs[0144]-[0149]).
Consider claims 8 and 9, Starobin as modified by Lee teaches the method wherein the zone status corresponds to the first device entering the predetermined zone(see figs. 1-6 and paragraphs[0057]-[0065]); and the method wherein the zone status corresponds to the first device leaving the predetermined zones(see figs. 1-6 and paragraphs[0057]-[0065]).
Consider claim 11, Starobin teaches a first device, comprising: a wireless receiver configured to receive a wave signal transmitted by a second device(see figs. 7-8); and a processor(see figs.7(790), fig.8(890)) configured to::
calculating(see figs. 7-8) a location of a first device (see fig. 1(112-115)) relative to a second device(see fig. 1(111)) based on a wave signal transmitted from one of the first device or the second device (see fig. 1(112-115, 111)) to the other of the first device or the second device, wherein the first device is a wireless audio device(see figs. 1-2 and paragraphs[0024]-[0029]);
determining a zone status of the first device(see fig.1 (front left loudspeaker 112, front right loudspeaker 113) in fig. 1, family room) based on the location of the first device(see fig. 1(112-115)) relative to the second device(see fig. 1(111)) and a predetermined zone(a predetermined zone such as family room, kitchen, master bedroom)(see figs. 2-3 and paragraphs [0038]-[0045]); and initiate an action based on the zone status(see figs. 1-6 and paragraphs[0050]-[0055]), wherein the first device(see fig.7) is configured to play audio provided by the second device(see fig. 8) (see figs. 1-6 and paragraphs[0057]-[0065]); but Starobin does not explicitly teach initiating a Bluetooth Connected Isochronous Stream (CIS) connection between the first device and the second device based on the zone status indicating that the first device is within the predetermined zone..
However, Lee teaches initiating a Bluetooth Connected Isochronous Stream (CIS) connection between the first device and the second device based on the zone status indicating that the first device is within the predetermined zone(see figs. 1-27 and paragraphs[0250]-[0331]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Lee into the teaching of Starobin to provide determining a first synchronization value associated with a point in time at which reception of the audio data of each of a first device and a second device is completed; determining a second synchronization value for synchronizing points in time at which the audio data is output from the first device and the second device; determining a first synchronization reference time point based on the first synchronization value and the second synchronization value; performing a specific operation associated with transmitting the audio data; and transmitting, to each of the first device and the second device, the audio data on a specific channel associated with transmitting the audio data, wherein the audio data is transmitted based on the first synchronization reference time point and a second synchronization reference time point determined based on a specific time value for the specific operation.
Consider claims 12 and 13, Starobin as modified by Lee teaches the method wherein calculating the location of the first device relative to the second device is performed by the first device(see figs. 2-3 and paragraphs[0038]-[0046]); and the method wherein the first device comprises an antenna array(see figs. 5-8 and paragraphs[0144]-[0149]).
Consider claims 18 and 19, Starobin as modified by Lee teaches the first device wherein the zone status corresponds to the first device entering the predetermined zone(see figs. 1-6 and paragraphs[0057]-[0065]); and the first device wherein the zone status corresponds to the first device leaving the predetermined zones(see figs. 1-6 and paragraphs[0057]-[0065]).
9. Claims 4 and 14 are rejected under 35 U.S.C. 103(a) as being unpatentable over Starobin et al. (US 2019/0394589) as modified by Lee (US.2022/0272644) as applied to claims 1 and 11 above, and further in view of Knaappila. (US 2022/0022132).
Consider claim 4, Starobin does not explicitly teach the method wherein the second device comprises an antenna array.
However, Knaappila teaches the method wherein the second device comprises an antenna array(see figs. 1-7 and paragraphs [0026]-[0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Knaappila into the teaching of Starobin to provide allows a network device to remain synchronized to a master device while minimizing its own power consumption is disclosed. The network device exits a low power mode at regular intervals in order to receive a synchronous communication from a master device. Once the network device has received enough information to confirm that this synchronous communication is from the correct master device, the network device may then return to the low power mode, even before the entirety of the synchronous communication has been received. This may reduce the time that the network device is in the active state by more than 90% in certain instances.
Consider claim 14, Starobin does not explicitly teach the first device wherein the second device comprises an antenna array.
However, Knaappila teaches the first device wherein the second device comprises an antenna array(see figs. 1-7 and paragraphs [0026]-[0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Knaappila into the teaching of Starobin to provide allows a network device to remain synchronized to a master device while minimizing its own power consumption is disclosed. The network device exits a low power mode at regular intervals in order to receive a synchronous communication from a master device. Once the network device has received enough information to confirm that this synchronous communication is from the correct master device, the network device may then return to the low power mode, even before the entirety of the synchronous communication has been received. This may reduce the time that the network device is in the active state by more than 90% in certain instances.
10. Claims 5-7 and 15-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Starobin et al. (US 2019/0394589) as modified by of Lee (US.2022/0272644) as applied to claims 1 and 11, above, and further in view of Laidlaw et al.(US 2019/0073179).
Consider claim 5, Starobin does not explicitly teach the method wherein the predetermined zone is defined by coordinates embedded in the advertisement PDU.
However, Laidiaw teaches the method wherein the predetermined zone is defined by coordinates embedded in the advertisement PDU(see figs.2-8 and paragraphs [0084]-[0110])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Laidlaw into the teaching of Starobin to provide a electronic display band comprises a circuit board and a plurality of components mounted to the circuit board. The plurality of components comprises one or more battery, one or more integrated circuits, a first plurality of light emitting elements arranged in a grid, a second plurality of light emitting elements and a wireless module. The wireless module comprises a radio, wherein the wireless module is configured to implement a bi-directional wireless mesh network using the radio.
Consider claims 6 and 7, Starobin as modified by Lee and Laidlaw teaches the method wherein the predetermined zone is further defined by a coordinate format header embedded in the advertisement PDU(In Laidlaw, see figs.2-8 and paragraphs [0093]-[0110]); and the method wherein the predetermined zone is further defined by a coordinate format header embedded in the advertisement PDU(In Laidlaw, see figs.2-8 and paragraphs [0093]-[0110]).
Consider claim 15, Starobin does not explicitly teach the first device wherein the predetermined zone is defined by coordinates embedded in the advertisement PDU.
However, Laidiaw teaches the first device wherein the predetermined zone is defined by coordinates embedded in the advertisement PDU(see figs.2-8 and paragraphs [0084]-[0110])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching Laidlaw into the teaching of Starobin to provide a electronic display band comprises a circuit board and a plurality of components mounted to the circuit board. The plurality of components comprises one or more battery, one or more integrated circuits, a first plurality of light emitting elements arranged in a grid, a second plurality of light emitting elements and a wireless module. The wireless module comprises a radio, wherein the wireless module is configured to implement a bi-directional wireless mesh network using the radio.
Consider claims 16 and 17, Starobin as modified by Laidlaw teaches the first device wherein the predetermined zone is further defined by a coordinate format header embedded in the advertisement PDU(In Laidlaw, see figs.2-8 and paragraphs [0093]-[0110]); and the first device wherein the predetermined zone is further defined by a coordinate format header embedded in the advertisement PDU(In Laidlaw, see figs.2-8 and paragraphs [0093]-[0110]).
11. Claims 10 and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Starobin et al. (US 2019/0394589) as modified by Lee (US.2022/0272644) as applied to claims 1 and 11 above, and further in view of Bonde et al. (US 2022/0014295).
Consider claim 10, Starobin does not explicitly teach the method wherein initiating the Bluetooth CIS connection includes exchanging pairing information between the first device and the second device via Asynchronous Connection-Oriented Logical Transport (ACL) communication.
However, Knaappila teaches the method wherein initiating the Bluetooth CIS connection includes exchanging pairing information between the first device and the second device via Asynchronous Connection-Oriented Logical Transport (ACL) communication (see figs. 1-4 and paragraphs [0004], [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Bonde into the teaching of Starobin to provide an audio system, method, and computer program product for synchronizing device clocks. The systems, methods and computer program product can establish a first isochronous data stream between a peripheral device and a first device and establish a second isochronous data stream between the first device and a second device to send data between the first and second device. As the two data streams may rely on two different device clocks, e.g., one clock which defines the timing for the first isochronous data stream and a second clock which defines the timing for the second isochronous data stream, the systems, methods, and computer program disclosed herein are configured to maintain synchronization and/or synchronize the first clock with the second clock to prevent data loss due to clock drift.
Consider claim 20, Starobin does not explicitly teach the first device wherein initiating the Bluetooth CIS connection includes exchanging pairing information between the first device and the second device via Asynchronous Connection-Oriented Logical Transport (ACL) communication.
However, Knaappila teaches the first device wherein initiating the Bluetooth CIS connection includes exchanging pairing information between the first device and the second device via Asynchronous Connection-Oriented Logical Transport (ACL) communication (see figs. 1-4 and paragraphs [0004], [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Bonde into the teaching of Starobin to provide an audio system, method, and computer program product for synchronizing device clocks. The systems, methods and computer program product can establish a first isochronous data stream between a peripheral device and a first device and establish a second isochronous data stream between the first device and a second device to send data between the first and second device. As the two data streams may rely on two different device clocks, e.g., one clock which defines the timing for the first isochronous data stream and a second clock which defines the timing for the second isochronous data stream, the systems, methods, and computer program disclosed herein are configured to maintain synchronization and/or synchronize the first clock with the second clock to prevent data loss due to clock drift.
Response to Arguments
Double Patenting
12. The examiner responds that, since the applicant does not file a terminal disclaimer and the rejection on the grounds of nonstatutory double patenting will be maintained.
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
13. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
14. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Liu et al. (US 2022/0201392) is cited to show other related the LOCATION-BASED SYSTEMS AND METHODS FOR INITIATING WIRELESS DEVICE ACTION.
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should be directed to Lao,Lun-See whose telephone number is (571) 272-7501 The examiner
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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should be directed to the Technology Center 2600 whose telephone number is (571) 272-2600.
/LUN-SEE LAO/Primary Examiner, Art Unit 2691 US Patent and Trademark Office
Knox
571-272-7501
Date 08-26-2026
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