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 .
Specification
The abstract of the disclosure is objected to because the format/language is in claim-based format without explaining the improvement in the art. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Soulier et al (20220248333).
As per claim 1, Soulier et al (20220248333) teaches an electronic device, comprising:
a communication module comprising communication circuitry configured to support simultaneous wireless connection with a plurality of external electronic devices; memory; and at least one processor comprising processing circuitry, wherein the memory stores instructions, wherein at least one processor, individually and/or collectively, is configured to execute the instructions and to control the electronic device to (as a communication system between multiple devices using Bluetooth protocols – see para 0004, 0005; para 0049-0051):
identify at least one external electronic device wirelessly connected with the electronic device in response to a request for playing first audio data for a first external electronic device wirelessly connected with the electronic device (as playing the audio on a first device through a communication link where in the audio and an “operational parameter” sent as well – para 0074);
determine a first bitrate for transmitting the first audio data based on a bandwidth range remaining excluding a bandwidth used for maintaining the wireless connection with the identified at least one external electronic device (as determining the amount of latency/delay, in relation to the available bandwidth, as determined by the scheduler – para 0124);
generate a first audio packet by encoding the first audio data based on a current bitrate in response to determining that the current bitrate is less than or equal to the first bitrate; and transmit the first audio packet to the first external electronic device through the communication module (as modifying the latency/bitrate based on the packet scheduler – para 0124, and choosing/selecting bitrate – para 0113, para 0113 – 0115 including the table – showing the operational modes) .
As per claim 2, Soulier et al (20220248333) teaches the electronic device of claim 1, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to maintain the wireless connection between the electronic device and the at least one external electronic device based on a Bluetooth multi-point connection through the communication module while transmitting the first audio packet to the first external electronic device (as, maintaining the bluetooth connection while communicating/transmitting – see para 0234, 0248, while improving quality/latency – para 0254).
As per claim 3, Soulier et al (20220248333) teaches the electronic device of claim 2, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to connect each of the at least one external electronic device to the electronic device based on a first protocol (as, monitoring the connections, and the streams are controlled accordingly – para 0265 – p2070).
As per claim 4, Soulier et al (20220248333) teaches the electronic device of claim 1, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to: transmit a data signal for identifying a network connection state to the first external electronic device among the at least one external electronic device wirelessly connected with the electronic device every specified first period through the communication module (see start, with, para 0245-246, with hybrid streaming, maintaining connection, with lower loss and lower latency – para 0246, detailed in para 0248-0256, so as to accommodate for differing audio codec configurations/and/or sampling rates);;
and maintain Bluetooth multi-point-based wireless connection between the electronic device and the first external electronic device in response to receiving a response signal within a specified time from the first external electronic device (as maintaining connections to the endpoints, by monitoring/sniffing the connection for each link to each device –see para 0142, 0145).
As per claim 5, Soulier et al (20220248333) teaches the electronic device of claim 4, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to change the current bitrate to be less than the first bitrate in response to determining that the current bitrate is greater than the first bitrate (as dynamically reconfiguring the communication link without interrupting the streaming procedure – para 0113; monitoring the connection parameters and updating – para 0103; and in conjunction, releasing connection to one of the devices when the streaming can be maintained, and the released device is not capable of performing the rx/tx encod/decoding – para 0232, 0265).
As per claim 6, Soulier et al (20220248333) teaches the electronic device of claim 5, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to, in response to determining that a difference between the current bitrate and the first bitrate is greater than a first reference, compress the first audio data into a sound quality lower than a current sound quality and encode at the changed current bitrate (as, modifying the sampling rate of one of the streams, so that they match the sampling rate of the Bluetooth device – see para 0098 – examiner notes, that either the resampling is for low latency, or for redundancy/improved performance – see para 0124, on the re-scheduler – see also, para 0116).
As per claim 7, Soulier et al (20220248333) teaches the electronic device of claim 1, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to, in response to determining that the first bitrate is less than a specified threshold, release connection to at least one among the at least one external electronic device wirelessly connected with the electronic device (as, requiring the source/sink devices to perform the encoding/decoding at the required bitrate – para 0230; and furthermore offering a bypass of devices that could not perform – see para 0232).
As per claim 8, Soulier et al (20220248333) teaches the electronic device of claim 7, further comprising a display, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to display, through the display, a screen including information about the at least one external electronic device simultaneously connected with the electronic device or a message related to releasing the connection (as, applying the latency/ redundancy on the Bluetooth protocols for video distributions as well – para 0104, and video applications – para 0124 – therefore, the devices have the capability of having a screen/display; with that in mind, Soulier et al (20220248333) teaches switching devices/modes based on transmission capability – para 160, with optionally displaying the status on the device – para 0161).
As per claim 9, Soulier et al (20220248333) teaches the electronic device of claim 1, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to change the current bitrate in response to receiving a request for changing a bitrate of receiving the first audio packet from the first external electronic device (as, changing and transmitting the changed bitrate, see para 0228, and tradeoff between quality loss and low latency – para 0230; see also para 0355 showing the sampling rate is passed as an arguments of the stream).
As per claim 10, Soulier et al (20220248333) teaches the electronic device of claim 1, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to release a Bluetooth multi-point-based wireless connection with the first external electronic device in response to a distance to the first external electronic device among the at least one external electronic device being out of a communicable range (as, ensuring a successful connection between multiple devices including source devices and sink devices – para 0267—0279; examiner notes, that these paragraphs discuss retrying/maintaining successful connections – ie, that is there is a failed connection, the system attempts to maintain/reconnect on successful connections).
.
As per claim 11, Soulier et al (20220248333) teaches an electronic device, comprising:
a speaker; a communication module comprising communication circuitry configured to support simultaneous wireless connection with a plurality of external electronic devices; memory; and at least one processor including processing circuitry, wherein the memory stores instructions, and at least one processor, individually and/or collectively, is configured to execute the instructions and to control the electronic device (as a communication system between multiple devices using Bluetooth protocols – see para 0004, 0005; para 0049-0051; and using a speaker/earbud as part of the bluetooth protocols as a true wireless stereo device) to:
receive a first audio packet from a first external electronic device among at least one external electronic device wirelessly connected with the electronic device through the communication module (as playing the audio on a first device through a communication link where in the audio and an “operational parameter” sent as well – para 0074);
increase a size of a reception buffer in response to determining that a bitrate applied to the first audio packet is greater than a bitrate of controlling the reception buffer; and output audio data decoded from the first audio packet through the speaker (as determining the bitrate of the receiving device, para 0225-0226; and with extra available bandwidth, either transmitting additional information or reducing latency – see para 0230).
Claims 12-14 are device claims whose steps are performed throughout device claims 1-11 above and as such, claims 12-14 are similar in scope and content to claims 1-11 above; therefore, claims 12-14 are rejected under similar rationale as presented against claims 1-11 above.
As per claim 15, Soulier et al (20220248333) teaches the electronic device of claim 11, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to:
determine the reception buffer control bitrate to store or process the received first audio packet based on a portion other than for a portion used to maintain the wireless connection with the at least one external electronic device wirelessly connected with the electronic device, of the reception buffer of the electronic device (as determining the bitrate of the receiving device, para 0225-0226; and with extra available bandwidth, either transmitting additional information or reducing latency – see para 0230).
As per claims 16,17, Soulier et al (20220248333) teaches the electronic device of claim 11, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to perform upsampling on the decoded audio data in response to determining that a bitrate applied to the first audio packet is less than a first threshold; controlling the electronic device to perform upsampling on the decoded audio data in response to determining that the decoded audio data is of lower quality than an original sound quality of the first audio packet (as, modifying the sampling rate of one of the streams, so that they match the sampling rate of the Bluetooth device – see para 0098 – examiner notes, that either the resampling is for low latency, or for redundancy/improved performance – see para 0124, on the re-scheduler – see also, para 0116).
As per claim 18, Soulier et al (20220248333) teaches the electronic device of claim 11, wherein at least one processor individually and/or collectively, is configured to control the electronic device to, in response to determining that a size of the reception buffer is greater than a first reference size, release connection to at least one among the at least one external electronic device wirelessly connected with the electronic device (as dynamically reconfiguring the communication link without interrupting the streaming procedure – para 0113; monitoring the connection parameters and updating – para 0103; and in conjunction, releasing connection to one of the devices when the streaming can be maintained, and the released device is not capable of performing the rx/tx encod/decoding – para 0232, 0265).
As per claim 19, Soulier et al (20220248333) teaches the electronic device of claim 11, wherein at least one processor, individually and/or collectively, is configured to control the electronic device to, in response to determining that a size of the reception buffer is greater than a first reference size, transmit a request for changing the bitrate applied to the first audio packet to the first external electronic device (as, changing the bitrate to a maximum bitrate – see pp 4, second column, “Table 1” – “maximal bitrate” – examiner notes that Soulier et al (20220248333) teaches, that in a condition of no-overflow, one can send “maximal bitrate” – ie, part of the Bluetooth communication protocol is to manage/measure buffersize to avoid overflow conditions).
As per claim 20, Soulier et al (20220248333) teaches the electronic device of claim 11, wherein the electronic device comprises a wearable true wireless stereo device (see stereo earbud, operating on a link for TrueWirelessStereo – para 0142).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see related art listed on the PTO-892 form.
Furthermore, the following references were found pertinent to applicants spec/claim features:
Jospeh et al (20200075032) teaches alterations of bitrates for multiple devices on a Bluetooth protocol – para 0005, 006, 0008.
Wang (20220148608) teaches a master device controlling multiple peripheral devices over a Bluetooth channel with bitrate modifications – para 0019, 0055.
Arunachalam et al (20220329998) teaches multiple endpoint device communication on Bluetooth (para 0003) with adaptive bitrates – see para 0031.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Opsasnick, telephone number (571)272-7623, who is available Monday-Friday, 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Richemond Dorvil, can be reached at (571)272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Michael N Opsasnick/Primary Examiner, Art Unit 2658 09/13/2026