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 .
Response to Amendment
This communication is responsive to the applicant’s request for reconsideration dated 12/5/2025. The applicant has not proposed any new amendments.
Response to Arguments
Applicant's arguments filed 12/5/2025 have been fully considered but they are not persuasive.
First the applicant argues (pg. 2, line 3-12) that in regard to independent claims 1 and 16, Dunn fails to teach “b) downloading an APP into said memory, said APP facilitating said module being able to communicate programming designed for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities, sensory processing difficulties comprising autism and/or people who use a primary language different from a primary language of said facility”. In particular, the applicant states that Dunn, “reveals no mention whatsoever of “autism””. The examiner agrees with the applicant however, upon careful examination of the limitation, “autism” is not required. The claim limitation states, “autism and/or people who use a primary language different from a primary language of said facility”. The and/or condition requires the prior art teach autism, or people who use a primary language different from a primary language of said facility, or both elements. The Merriam-Webster dictionary defines the “and/or” conjunction to be “used as a function word to indicate that two words or expressions are to be taken together or individually”. Additionally, in a decision for application 11/565,411, the PTAB discusses the use of “and/or”. The PTAB ruled on 1/3/2014 (pg. 4, line 7-10) that, “We agree with Appellant that "and/or" covers embodiments having element A alone, element B alone, or elements A and B taken together”. The examiner has shown that Dunn teaches “people who use a primary language different from a primary language of said facility”. Therefore, the limitation is met by Dunn. Also, the applicant is reminded in previous office actions that the examiner had used KSR rational B, Dunn in view of Glasser in view of Gossens, to teach the autism limitation. See the final rejection from 4/3/2025. Lastly, the claim language simply states, the APP is able to communicate with people with certain conditions such as autism, but fails to mention how it able to do so. The applicant is encouraged to incorporate those elements into the claim language.
Next, the applicant argues (pg. 2, line 13 – pg. 3, line 1) that in terms of independent claim 1 and 16, Fitzsimmons fails to teach, “providing a visitor with a handheld module owned by said facility and rented to said visitor”. The applicant believes this is not taught in paragraph [0007] of Fitzsimmons which states, “Recording can be done, for example, by providing the visitor a portable selection device”. In particular the applicant argues that there is no mention that the handheld module in Fitzsimmons is both owned by the facility and rented to the visitor. The examiner respectfully disagrees. If the facility is providing a portable selection device to their visitors, one can assume the facility owns it and is renting it their visitor. Fitzsimmons does not state that the facility is selling or providing it through a particular form of transaction. Additionally, this language is narrative in nature. It is neither structural or functional so no weight needs to be given to it. Therefore, the applicant’s arguments are not persuasive and the 35 U.S.C. 103 rejection is maintained.
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.
Claims 1-4,6,8,10,14-18,20 and 22are rejected under 35 U.S.C. 103 as being unpatentable over Dunn et. al US 20200314592 A1 (hereinafter Dunn) in view of Glasser (US 20150067187 A1) in view of Fitzsimmons (US 20020068991 A1).
Regarding claim 1, Dunn teaches a method of facilitating informed access by visitors to a facility with a plurality of displays, including the steps of:
a) providing a visitor with a handheld module… having a computer with memory, a display, ability to communicate audio and visual programming, and a wireless transmitter and receiver (FIG. 1, 25, [0036] a personal electronic device comprising: [0037] a central processing unit; [0038] a wireless transceiver in communication with said central processing unit for wirelessly communicating with said central server; [0039] a position determination unit in communication with said central processing unit for identifying the real-world position of said personal electronic device; [0040] a display in communication with said central processing unit; [0088] “presenting the audio to the user via acoustic output means 40 (and presenting any text and/or video to the user via display 35)”; [0294] “visitors to a new city or museum have an option to take an application-based audio tour that can be played on the End User's smartphone or other mobile device (e.g., a tablet)”);
b) downloading an APP into said memory, said APP facilitating said module being able to communicate programming… sensory processing difficulties comprising autism and/or people who use a primary language different from a primary language of said facility; ([0097] “The End User can download an application to their smartphone that can be used to guide the End User to specific locations on the self-guided tour (e.g., historical sites)”; [0398] “The Dialogue text of audio/video (which is only in text form) is translated and played for the user in other languages. The Dialogue text is then pushed to a text API and translated to multiple languages (e.g., Spanish, Chinese, French, etc.). The number of languages is limitless, only limited to the API”)
f) when a visitor is inside or outside a chosen facility location and said handheld module is connected to a worldwide wireless communication network, said visitor selecting said chosen facility location, whereupon informational content regarding displays in said facility can be downloaded onto said handheld module, however said informational content may not be accessed unless said visitor is near, adjacent or within said chosen facility location (FIG. 1 [0088] “Once the appropriate tour instruction file 30 has been identified, personal electronic device 25 downloads (or digitally streams) the appropriate elements of the particular tour, identifying a particular starting point for the self-guided audio tour (e.g., via GPS, Bluetooth beacon, etc.), and directs the end user to the starting point (e.g., the first location/exhibit on the tour) for the self-guided audio tour” [0224] “the End User runs an application on their personal electronic device 25 (e.g., a smartphone/other mobile device) which downloads or streams a selected tour instruction file 30 for a particular tour and plays an advanced data trigger mobile tour for a particular site (i.e., begins a self-guided audio tour specific for the desired location)”; [0087] When an end user desires to undertake a particular self-guided audio tour, the end user's personal electronic device 25 connects to central server 15 (e.g., via the Internet) using wireless transceiver);
h) sensing by a proximity sensor adjacent each particular display for proximity of a visitor's handheld module and, responsive to sensing such proximity, causing informational content concerning a closest said display to be communicated on said handheld module for said visitor ([0240] “FIG. 14 shows four exhibits (e.g., paintings) 140A, 140B, 140C, 140D with their associated Bluetooth Beacon Locations 145. The End User begins at the first Bluetooth Beacon Location 140A. When the End User moves to each subsequent Bluetooth Beacon Location 140B, 140C, 140D, an audio file specific to each of those Bluetooth Beacon Locations 140B, 140C, 140D is played”, examiner interprets the Bluetooth Beacon as the proximity sensor. Additionally, examiner interprets the audio file as informational content of the closest display; [0088], “The self-guided audio tour then commences, with central server 15 delivering appropriate audio (and/or text and/or video) to personal electronic device 25”);
Dunn fails to teach (a) provide a visitor with a handheld module owned by said facility and rented to said visitor (b) designed for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities; c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver d) facilitating changing system settings of said facility and facilitating adding and/or changing supportive media content; e) said APP storing on each handheld module a list of facilities in which a facility system is installed; g) said visitor choosing on said APP whether to access supportive multimedia programming for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities, sensory processing difficulties and/or people who use a primary language differing from said primary language of said chosen facility location; i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on a said handheld module; and j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players
However, Glasser teaches (b) designed for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities; d) facilitating changing system settings of said facility and facilitating adding and/or changing supportive media content; g) said visitor choosing on said APP whether to access supportive multimedia programming for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities, sensory processing difficulties and/or people who use a primary language differing from said primary language of said chosen facility location ([0044] “the app on the personal digital device may provide assistance for blind (or visually impaired) or deaf (or hearing impaired) users. For example, since a blind user cannot see the public display or digital sign, the personal digital device may be set to provide an audible alert to the user when the user enters an AKL. Some available audio tracks may then provide useful information for the user. Alternatively, since a deaf user cannot hear the audio tracks, the personal digital device may be set to present a visual alert on a display screen to the user when the user enters an AKL. Further visual information may then be provided to the user”, examiner interprets assistance for the blind and deaf to be supportive media content that can be provided through changing the setting in the system).
e) said APP storing on each handheld module a list of facilities in which a facility system is installed (FIG. 7, bj)
Dunn and Glasser are considered to be analogous to the claimed invention because both are in the same field of data delivery of the surrounding environment to an electronic device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for creating, storing and delivering a self-guided audio tour to an end user of Dunn with the technique of providing assistance to disabled individuals access to information regarding their surroundings taught by Glasser in order to improve a system that transmits audio and video information to a personal device about the surrounding environment (see Glasser [0002]).
Dunn and Glasser fails to teach (a) provide a visitor with a handheld module owned by said facility and rented to said visitor; c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver; i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on a said handheld module; and j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players
However, Fitzsimmons teaches (a) provide a visitor with a handheld module owned by said facility and rented to said visitor ([0007] “Recording can be done, for example, by providing the visitor a portable selection device”, examiner interprets providing to encompass renting);
c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver (FIG. 5, 452, 444, 434, 370 [0056] “since the video information is typically transmitted to the display device from the video server 452, the embodiments of the invention include a synchronization scheme to ensure that the audio produced by the portable interface device 300 is in synchronization with the video displayed by the display device”; );
i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on a said handheld module (FIG. 5, 452, 444, 434 [0056-0062] “The time code read by the synchronization application corresponds to the position in the audio file where audio for the playback should occur”); and
j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players ([0058] “The IR transmitter 434 receives the video source ID and time code, reformats the information, and broadcasts the video source ID and time code through the IR LED modules for reception by nearby portable interface devices 300”)
Dunn in view of Glasser in view of Fitzsimmons are considered to be analogous to the claimed invention because both are in the same field of accessing multimedia contents associated with a certain area. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the technique of data delivery of the surrounding environment to an electronic device of Dunn in view of Glasser with technique of using time codes to transmit audio and visual data taught by Fitzsimmons in order to improve techniques for enhancing a visitor's experience within such a facility or space, and extending a visitor's experience beyond the physical constraints of such a facility or space (see Fitzsimmons [0003]).
Regarding claim 2, Dunn in view of Glasser teaches all of the limitations of claim 1, upon which claim 2 depends.
Additionally, Dunn teaches wherein said facility is a museum ([0014] “when an end user is undertaking a self-guided audio tour that relies on GPS coordinates to identify locations/exhibits on the tour, and when the end user is in the space between two exhibits (e.g., in a gallery of a museum with painting exhibits on different walls)”)
Regarding claim 3, Dunn in view of Glasser teaches all of the limitations of claim 1, upon which claim 3 depends.
Additionally, Dunn teaches wherein said handheld module comprises a smartphone ([0026] The present invention comprises a new and improved way to create novel audio tours, and a new and improved way to store and deliver novel audio tours to the personal electronic device (e.g., a smartphone)).
Regarding claim 4, Dunn in view of Glasser teaches all of the limitations of claim 2, upon which claim 4 depends.
Additionally, Dunn teaches wherein said handheld module comprises a smartphone ([0026] The present invention comprises a new and improved way to create novel audio tours, and a new and improved way to store and deliver novel audio tours to the personal electronic device (e.g., a smartphone)).
Regarding claim 6, Dunn in view of Glasser teaches all of the limitations of claim 1, upon which claim 6 depends.
Additionally, Dunn teaches wherein each said proximity sensor includes a beacon ([0240] “FIG. 14 shows four exhibits (e.g., paintings) 140A, 140B, 140C, 140D with their associated Bluetooth Beacon Locations 145. The End User begins at the first Bluetooth Beacon Location 140A. When the End User moves to each subsequent Bluetooth Beacon Location 140B, 140C, 140D, an audio file specific to each of those Bluetooth Beacon Locations 140B, 140C, 140D is played”,).
Regarding claim 8, Dunn in view of Glasser teaches all of the limitations of claim 3, upon which claim 8 depends.
Additionally, Dunn teaches wherein said smartphone is owned by a visitor ([0026] “The present invention comprises a new and improved way to create novel audio tours, and a new and improved way to store and deliver novel audio tours to the personal electronic device (e.g., a smartphone) of a user which avoids the difficulties of the prior art”, examiner interprets personal electronic device to be potentially owned by the visitor).
Regarding claim 10, Dunn in view of Glasser teaches all of the limitations of claim 1, upon which claim 10 depends.
Additionally, Dunn teaches wherein said protocol translator receives playback status of said playback equipment (FIG. 28, [0437] “Double-clicking on any particular tour point 360 on tour map 355 allows the Tour Creator to access the particular location record 207A, 207B, etc. associated with that particular tour point. More particularly, and looking now at FIG. 28, there is shown an exemplary location record 207A associated with a particular tour point 360”, examiner interprets location record as the status of the playback equipment).
Regarding claim 14, Dunn in view of Glasser teaches all of the limitations of claim 1, upon which claim 14 depends.
Additionally, Dunn teaches wherein said multimedia programming can be translated in any one of a plurality of languages ([0398] “The Dialogue text of audio/video (which is only in text form) is translated and played for the user in other languages. The Dialogue text is then pushed to a text API and translated to multiple languages (e.g., Spanish, Chinese, French, etc.). The number of languages is limitless, only limited to the API”).
Regarding claim 15, Dunn in view of Glasser teaches all of the limitations of claim 3, upon which claim 15 depends.
Additionally, Dunn teaches wherein said multimedia programming can be translated in any one of a plurality of languages ([0398] “The Dialogue text of audio/video (which is only in text form) is translated and played for the user in other languages. The Dialogue text is then pushed to a text API and translated to multiple languages (e.g., Spanish, Chinese, French, etc.). The number of languages is limitless, only limited to the API”).
Regarding claim 16, Dunn teaches method of facilitating informed access by visitors to a museum with a plurality of displays, including the steps of:
a) providing a visitor with a handheld module… having a computer with memory, a display, ability to communicate audio and visual programming, and a wireless transmitter and receiver (FIG. 1, 25, [0036] a personal electronic device comprising: [0037] a central processing unit; [0038] a wireless transceiver in communication with said central processing unit for wirelessly communicating with said central server; [0039] a position determination unit in communication with said central processing unit for identifying the real-world position of said personal electronic device; [0040] a display in communication with said central processing unit; [0088] “presenting the audio to the user via acoustic output means 40 (and presenting any text and/or video to the user via display 35)”; [0294] “visitors to a new city or museum have an option to take an application-based audio tour that can be played on the End User's smartphone or other mobile device (e.g., a tablet)”);
b) downloading an APP into said memory, said APP facilitating said module being able to communicate programming… sensory processing difficulties comprising autism and/or people who use a primary language different from a primary language of said facility; ([0097] “The End User can download an application to their smartphone that can be used to guide the End User to specific locations on the self-guided tour (e.g., historical sites)”; [0398] “The Dialogue text of audio/video (which is only in text form) is translated and played for the user in other languages. The Dialogue text is then pushed to a text API and translated to multiple languages (e.g., Spanish, Chinese, French, etc.). The number of languages is limitless, only limited to the API”)
f) when a visitor is inside or outside a chosen museum location and said handheld module is connected to a worldwide wireless communication network, said visitor selecting said 5 chosen museum location, whereupon informational content regarding displays in said museum can be downloaded onto said handheld module; (FIG. 1 [0088] “Once the appropriate tour instruction file 30 has been identified, personal electronic device 25 downloads (or digitally streams) the appropriate elements of the particular tour, identifying a particular starting point for the self-guided audio tour (e.g., via GPS, Bluetooth beacon, etc.), and directs the end user to the starting point (e.g., the first location/exhibit on the tour) for the self-guided audio tour” [0224] “the End User runs an application on their personal electronic device 25 (e.g., a smartphone/other mobile device) which downloads or streams a selected tour instruction file 30 for a particular tour and plays an advanced data trigger mobile tour for a particular site (i.e., begins a self-guided audio tour specific for the desired location)”; [0087] When an end user desires to undertake a particular self-guided audio tour, the end user's personal electronic device 25 connects to central server 15 (e.g., via the Internet) using wireless transceiver);
h) sensing by a proximity sensor adjacent each particular display for proximity of a visitor's handheld module and, responsive to sensing such proximity, causing informational content concerning a closest said display to be communicated on said handheld module for said visitor ([0240] “FIG. 14 shows four exhibits (e.g., paintings) 140A, 140B, 140C, 140D with their associated Bluetooth Beacon Locations 145. The End User begins at the first Bluetooth Beacon Location 140A. When the End User moves to each subsequent Bluetooth Beacon Location 140B, 140C, 140D, an audio file specific to each of those Bluetooth Beacon Locations 140B, 140C, 140D is played”, examiner interprets the Bluetooth Beacon as the proximity sensor. Additionally, examiner interprets the audio file as informational content of the closest display; [0088], “The self-guided audio tour then commences, with central server 15 delivering appropriate audio (and/or text and/or video) to personal electronic device 25”);
Dunn fails to teach (a) provide a visitor with a handheld module owned by said facility and rented to said visitor (b) designed for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities; c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver d) facilitating changing system settings of said facility and facilitating adding and/or changing supportive media content; e) said APP storing on each handheld module a list of facilities in which a facility system is installed; g) said visitor choosing on said APP whether to access supportive multimedia programming for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities, sensory processing difficulties and/or people who use a primary language differing from said primary language of said chosen facility location; i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on said handheld module to cause said multimedia programming to play on said module; and j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players
However, Glasser teaches (b) designed for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities; d) facilitating changing system settings of said facility and facilitating adding and/or changing supportive media content; g) said visitor choosing on said APP whether to access supportive multimedia programming for people who are deaf or hard of hearing, people who are visually impaired, people with sensory sensitivities, sensory processing difficulties and/or people who use a primary language differing from said primary language of said chosen facility location ([0044] “the app on the personal digital device may provide assistance for blind (or visually impaired) or deaf (or hearing impaired) users. For example, since a blind user cannot see the public display or digital sign, the personal digital device may be set to provide an audible alert to the user when the user enters an AKL. Some available audio tracks may then provide useful information for the user. Alternatively, since a deaf user cannot hear the audio tracks, the personal digital device may be set to present a visual alert on a display screen to the user when the user enters an AKL. Further visual information may then be provided to the user”, examiner interprets assistance for the blind and deaf to be supportive media content that can be provided through changing the setting in the system).
e) said APP storing on each handheld module a list of facilities in which a facility system is installed (FIG. 7, bj)
Dunn and Glasser are considered to be analogous to the claimed invention because both are in the same field of data delivery of the surrounding environment to an electronic device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for creating, storing and delivering a self-guided audio tour to an end user of Dunn with the technique of providing assistance to disabled individuals access to information regarding their surroundings taught by Glasser in order to improve a system that transmits audio and video information to a personal device about the surrounding environment (see Glasser [0002]).
Dunn and Glasser fails to teach (a) provide a visitor with a handheld module owned by said facility and rented to said visitor; c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver; i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on said handheld module to cause said multimedia programming to play on said module; and j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players
However, Fitzsimmons teaches (a) provide a visitor with a handheld module owned by said facility and rented to said visitor ([0007] “Recording can be done, for example, by providing the visitor a portable selection device”, examiner interprets providing to encompass renting);
c) each facility having a facility system including video and audio playback equipment comprising a plurality of exhibit multimedia players, a computer with a memory which includes a subscriber synchronization system comprising a protocol translator and a timeline-based video player, and a wireless transmitter and receiver (FIG. 5, 452, 444, 434, 370 [0056] “since the video information is typically transmitted to the display device from the video server 452, the embodiments of the invention include a synchronization scheme to ensure that the audio produced by the portable interface device 300 is in synchronization with the video displayed by the display device”; );
i) listening by said protocol translator for time code requests from handheld modules, and when a time code request is received by said protocol translator, said protocol translator sends a request within said facility system to sync supportive multimedia programming for an adjacent exhibit on said handheld module to cause said multimedia programming to play on said module; (FIG. 5, 452, 444, 434 [0056-0062] “The time code read by the synchronization application corresponds to the position in the audio file where audio for the playback should occur”); and
j) said protocol translator receiving time code requests from at least one handheld module and responsive thereto, said facility system setting up timelines for said timeline-based video player and, further, said facility system receiving playback communication from said facility audio and video playback equipment, said timeline-based video player further translating playback status of each exhibit multimedia player, said timeline-based video player tracking operation of said exhibit multimedia players ([0058] “The IR transmitter 434 receives the video source ID and time code, reformats the information, and broadcasts the video source ID and time code through the IR LED modules for reception by nearby portable interface devices 300”)
Dunn in view of Glasser in view of Fitzsimmons are considered to be analogous to the claimed invention because both are in the same field of accessing multimedia contents associated with a certain area. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the technique of data delivery of the surrounding environment to an electronic device of Dunn in view of Glasser with technique of using time codes to transmit audio and visual data taught by Fitzsimmons in order to improve techniques for enhancing a visitor's experience within such a facility or space, and extending a visitor's experience beyond the physical constraints of such a facility or space (see Fitzsimmons [0003]).
Regarding claim 17, Dunn in view of Glasser teaches all of the limitations of claim 16, upon which claim 17 depends.
Additionally, Dunn teaches wherein said handheld module comprises a smartphone ([0026] The present invention comprises a new and improved way to create novel audio tours, and a new and improved way to store and deliver novel audio tours to the personal electronic device (e.g., a smartphone)).
Regarding claim 18, Dunn in view of Glasser teaches all of the limitations of claim 16, upon which claim 18 depends.
Additionally, Dunn teaches wherein each said proximity sensor includes a beacon ([0240] “FIG. 14 shows four exhibits (e.g., paintings) 140A, 140B, 140C, 140D with their associated Bluetooth Beacon Locations 145. The End User begins at the first Bluetooth Beacon Location 140A. When the End User moves to each subsequent Bluetooth Beacon Location 140B, 140C, 140D, an audio file specific to each of those Bluetooth Beacon Locations 140B, 140C, 140D is played”,).
Regarding claim 20, Dunn in view of Glasser teaches all of the limitations of claim 16, upon which claim 20 depends.
Additionally, Dunn teaches wherein said protocol translator receives playback status of said playback equipment (FIG. 28, [0437] “Double-clicking on any particular tour point 360 on tour map 355 allows the Tour Creator to access the particular location record 207A, 207B, etc. associated with that particular tour point. More particularly, and looking now at FIG. 28, there is shown an exemplary location record 207A associated with a particular tour point 360”, examiner interprets location record as the status of the playback equipment).
Regarding claim 22, Dunn in view of Glasser teaches all of the limitations of claim 16, upon which claim 22 depends.
Additionally, Dunn teaches wherein said multimedia programming can be broadcast in any one of a plurality of languages ([0038] “The Dialogue text of audio/video (which is only in text form) is translated and played for the user in other languages. The Dialogue text is then pushed to a text API and translated to multiple languages (e.g., Spanish, Chinese, French, etc.). The number of languages is limitless, only limited to the API. The translation text is pushed to a voice API that converts the translation text into speech. The transformed speech (i.e., the converted translation text) is then used to generate an MP3 file. The end result is a plurality of possible audio files that can be played by the End User”)
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEESHAN SHAIKH whose telephone number is (703)756-1730. The examiner can normally be reached Monday-Friday 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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.
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/ZEESHAN MAHMOOD SHAIKH/Examiner, Art Unit 2658
/RICHEMOND DORVIL/Supervisory Patent Examiner, Art Unit 2658