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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 07/07/2025 has been considered by Examiner and made of record in the application file.
Double Patenting
2. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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).
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3. Claims 1, 10 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 18 of U.S. Patent No. 12,193,089. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 12,193,089 with obvious wording variations as shown in the following table.
U.S. Patent No. 12,193,089
Application No. 18/971,389
1. A method for using a short-range wireless communication link, the method comprising: transmitting, by a source wireless communication device, data using and asynchronous connection-oriented logical transport (ACL) link of the short-range wireless communication link;
1. A method for using a short-range wireless communication link, the method comprising: transmitting, by a wireless communication device, data using an asynchronous connection-oriented logical transport (ACL) of the short-range wireless communication link;
determining an amount of time that has elapsed since a high throughput event on the ACL of the short-range wireless communication link;
monitor for a high throughput event on the ACL of the short-range wireless communication link;
based on determining the amount of time, decreasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate,
based on detecting the high throughput event on the ACL, increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate;
wherein a link margin between the source wireless communication device and a second wireless communication device is increased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate;
4. The method of claim 1, wherein a link margin between the wireless communication device and a second wireless communication device is decreased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate.
and transmitting, by the source wireless communication device, data using the ACL and the second PHY symbol rate.
and transmitting, by the wireless communication device, data using the ACL and the second PHY symbol rate.
Claims 1, 10 and 19, Patent No. 12,193,089 discloses the claimed invention except for “increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate” and “decreased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate”. It would have been obvious to one having ordinary skill in the art at the time the invention was made to decreasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate and increased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate since the Examiner takes Official Notice of the equivalence of decreasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate and increased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate and increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate and decreased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate for their use in the wireless communication link art and the selection of any of these known equivalents to variable physical layer symbol rate for a wireless communication link would be within the level of ordinary skill in the art.
U.S. Patent No. 12,193,089 Application No. 18/971,389
2-3, 5-8, 11-12, 10, 6, 5, 9 and 9. 2-3, 6-9, 11-12, 13, 15, 16, 17+18 and 20.
Claim Rejections - 35 USC §103
4. 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.
5. Claims 1-3, 6-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei Tech Co Ltd (WO2020124610, hereinafter “Huawei”; provided by the applicant’ IDS filed on 07/07/2025) in view of Solum et al. (U.S PUB. 2023/0054769, hereinafter “Solum”).
Consider claim 1, Huawei teaches a method for using a short-range wireless communication link (page 13 [0072]), the method comprising: transmitting, by a wireless communication device, data using an asynchronous connection-oriented logical transport (ACL) of the short-range wireless communication link (page 2 [0006]-[0007] and page 5 [0025]-[0026]); and transmitting, by the wireless communication device, data using the ACL and the second PHY symbol rate (pages 34-35 [0161]-[0162] and [0167]) [0167]).
Huawei does not explicitly show that monitor for a high throughput event on the ACL of the short-range wireless communication link; based on detecting the high throughput event on the ACL, increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate.
In the same field of endeavor, Solum teaches monitor for a high throughput event on the ACL of the short-range wireless communication link (page 3 [0027]); based on detecting the high throughput event on the ACL, increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate (page 3 [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use, monitor for a high throughput event on the ACL of the short-range wireless communication link; based on detecting the high throughput event on the ACL, increasing a first physical layer (PHY) symbol rate of the ACL to a second PHY symbol rate, as taught by Solum, in order for obtaining stereo reception of an audio stream by multiple audio devices when only a single endpoint is the intended recipient.
Consider claim 2, Huawei further teaches wherein the high throughput event is identified based on an amount of data to be transmitted (page 32 [0132]).
Consider claim 3, Huawei further teaches wherein the high throughput event is identified based on a detected change in use of the ACL (pages 7-8 [0036]).
Consider claim 6, Solum further teaches wherein the first PHY symbol rate is either one million symbols per second is a coded PHY symbol rate and the second PHY symbol rate is two million symbols per second (page 3 [0025]).
Consider claim 7, Huawei further teaches performing a pairing process between the source wireless communication device and a second wireless communication device to determine that PHY symbol rates are eligible to be altered without restarting the short-range wireless communication link (page 13 [0072]).
Consider claim 8, Huawei further teaches wherein the wireless communication device is an audio streaming device and an audio output device that receives the data using the ACL is a pair of true wireless earbuds (page 13 [0073]).
Consider claim 9, Huawei further teaches wherein the short-range wireless communication link is a Bluetooth LE communication link and altering the first PHY symbol rate of the ACL is performed without restarting the short-range wireless communication link (page 32 [0154]).
Consider claim 10, the subject-matter of independent claim 10 relates to a wireless communication system with features fully corresponding to the characteristics of claim 1. Therefore, the same argumentation presented in relation to claim 1 is, mutatis mutandis, of application to claim 10.
Consider claim 11, the previous rejections of claim 2 apply mutatis mutandis to corresponding claim 11.
Consider claim 12, the previous rejections of claim 3 apply mutatis mutandis to corresponding claim 12.
Consider claim 13, Huawei further teaches wherein the audio output device is a pair of true wireless earbuds and the source wireless communication device is a smartphone (page 13 [0072]).
Consider claim 15, Solum further teaches wherein a communication bandwidth is increased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate wherein the first PHY symbol rate is two million symbols per second and the second PHY symbol rate is either one million symbols per second or is a coded PHY symbol rate (page 3 [0025]).
Consider claim 16, Solum further teaches wherein the first PHY symbol rate is either one million symbols per second or is a coded PHY symbol rate and the second PHY symbol rate is two million symbols per second (page 3 [0025]).
Consider claim 17, Huawei further teaches wherein the short-range wireless communication link is a Bluetooth LE communication link (page 32 [0154]).
Consider claim 18, Huawei further teaches wherein the source wireless communication device is further configured to: perform a pairing process with the audio output device to determine that PHY symbol rates are eligible to be altered without restarting the short-range wireless communication link (page 32 [0154]).
Consider claim 19, the subject-matter of independent claim 19 relates to a wireless communication device with features fully corresponding to the characteristics of claim 1. Therefore, the same argumentation presented in relation to claim 1 is, mutatis mutandis, of application to claim 19.
Consider claim 20, the previous rejections of claim 17 apply mutatis mutandis to corresponding claim 20.
Allowable Subject Matter
6. Claims 4-5 and 14 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Consider claim 4, the prior arts made of record, alone or in combination, fail to clearly teach or fairly suggest wherein a link margin between the wireless communication device and a second wireless communication device is decreased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate, in combination with other limitations, as specified in the independent claim 1, and further limitations of their respective dependent claim 5.
Consider claim 14, the prior arts made of record, alone or in combination, fail to clearly teach or fairly suggest wherein a link margin between the source wireless communication device and a second wireless communication device is decreased based on altering the first PHY symbol rate of the ACL to the second PHY symbol rate, in combination with other limitations, as specified in the independent claim 10.
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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