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 .
Remarks
1. This office action is in response to applicant's Arguments/Remarks filed 01/02/2026. Claims 1-7, 15-17 and newly added claims 21-28 are pending; claims 8-14 and 18-20 are cancelled.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 01/02/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
3. Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive.
Regarding claims 1-7 and 15-17, applicant argues that the combination of the cited reference fail to teach or suggest an LMR processor and a channel selection input as claimed in claims 1 and 15. In support of argument applicant argues that the cited portion of Hao discloses “… An LMR radio terminal 100 connected to a standard speaker mic 102 through a cable 101. ...The cable 101 typically carries audio signals and push to talk (PTT) signals. …but, Hao does not teach or suggest anything about whether an LMR device such as LMR radio terminal 100 includes an LMR processor. Hao purportedly teaches that a radio 100 can "scan/hunt" between two control channels 603 and 606 and choose one based on signal strength. This respectfully does not teach or suggest anything regarding a channel selection input. For example, the portion of Hao cited by the Examiner appears to describe that the radio automatically detects and chooses a control channel, without requiring any kind of input. However, the examiner respectfully disagrees. Since Hao teaches “ .. an LMR radio terminal 100 connected to a standard speaker mic 102 through a cable 101. .. The cable 101 typically carries audio signals and push to talk (PTT) signals, it understood that the LMR radio terminal 100 (i.e., the LMR device) of Hao comprising: an LMR processor otherwise the speaker mic 102 would not receive, the audio signals from the LMR radio terminal 100 (i.e., the LMR device). Thus, Hoe clearly teaches the LMR device comprising: an LMR processor (paragraphs 0037 and 0048 and claim 13). Regarding applicant’s arguments of a channel selection input, paragraph 0059 of Hoe discloses “…the radio 100 moves between the coverage area of tower 104 and 2301 it can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength” and paragraph 0060 of Hoe discloses “…the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting… If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2”. Since Hoe teaches the radio 100 can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength, one having ordinary skill in the art recognize that the radio100 would comprise a channel selection input because otherwise there would be no way the radio100 to scan/hunt between two control channels and choose the best one based on signal strength. Thus, the cited references clearly teaches the LMR device selects a channel from among the POC (push-to-talk- over-cellular) channels, and that the LMR device is communicates with the POC network over the selected channel.
Applicant also argues that the combination of Hoe and Siddoway is improper because there is no explanation of what the memory of Siddoway. However, examiner respectfully disagrees. In accordance with MPEP, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Hoe teaches most limitations of a land mobile radio (LMR) device for use with a cellular device in communication with a push-to-talk-over-cellular (POC) network except a LMR memory Yet, Siddoway teaches such feature, which would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate a LMR memory; and store the channel configuration information in the LMR memory to allow the system to determine the optimal channel for data communication, secure and enhanced reliability with structured data control. Therefore, the combination of Hoe and Siddoway is proper.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 1-3 , 15, 21 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hao et al (U.S. Patent Pub. # US 2020/0154512 A1) in view of Siddoway et al (U.S. Patent Pub. # US 2020/0395017 A1).
Regarding claim 1, Hao discloses a land mobile radio (LMR) device for use with a cellular device in communication with a push-to-talk-over-cellular (POC) network (paragraphs 0037 and 0041-0042), the LMR device comprising: an LMR processor(paragraph 0037, “ .. an LMR radio terminal 100 connected to a standard speaker mic 102 through a cable 101. .. The cable 101 typically carries audio signals and push to talk (PTT) signals. This type of speaker mic 102 typically has minimal processing capability and represents an extension of the microphone/speaker functionality of an attached LMR radio device.”); an LMR local communication interface configured to communicate with the cellular device(figure 4, an LMR radio terminal 100; paragraphs 0041-0042, the LMR radio terminal 100 is configured to communicate with the cellular device LTE 105); and a channel selection input (paragraph 0059, “…Two LMR communications towers 104 transmitting on frequency f1 over a first geographic area and 2301 and transmitting on f2 over a second geographic area. The first communications tower 104 includes a site controller 601, a control channel 603 and a number of traffic channels 604 and 605 as shown in FIG. 7. The second communications tower 2301 includes a site controller 601, a control channel 606 and a number of traffic channels 607 and 608 as shown in FIG. 7. When the radio 100 moves between the coverage area of tower 104 and 2301 it can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength. This is a typical operation of an LMR terminal as known in the art. In this case however the radio 100 is connected to a smart mic 200 which means that if the user is presently using the smart mic it means the radio can preferentially hunt/scan without interrupting user operation. Here is described the case of measuring the control channels 603 and 606 to make a decision as to which tower 104 and 2301 to connect to. The same approach can be used to select between voice channels.”); wherein the LMR processor is configured to retrieve channel configuration information defining one or more POC channels from the cellular device via the LMR local communication interface (paragraphs 0059-0060, “…. the system description given in FIG. 4. Two LMR communications towers 104 transmitting on frequency f1 over a first geographic area and 2301 and transmitting on f2 over a second geographic area. The first communications tower 104 includes a site controller 601, a control channel 603 and a number of traffic channels 604 and 605 as shown in FIG. 7. The second communications tower 2301 includes a site controller 601, a control channel 606 and a number of traffic channels 607 and 608 as shown in FIG. 7. When the radio 100 moves between the coverage area of tower 104 and 2301 it can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength. This is a typical operation of an LMR terminal as known in the art. In this case however the radio 100 is connected to a smart mic 200 which means that if the user is presently using the smart mic it means the radio can preferentially hunt/scan without interrupting user operation. Here is described the case of measuring the control channels 603 and 606 to make a decision as to which tower 104 and 2301 to connect to. The same approach can be used to select between voice channels.
FIG. 21 illustrates the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting. In step 2002, the smart mic detects whether or not a radio terminal is attached. If a radio terminal is not attached then the smart mic simply remains in step 2002 until a radio terminal is attached. If a radio terminal is attached then in step 2004 an assessment is made to see if the smart mic is transmitting audio via the PTToC path. If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2.”); the channel selection input is configured to select a selected channel from the one or more POC channels defined by the channel configuration information (paragraphs 0059-0060); the LMR local communication interface is configured to communicate with the POC network over the selected channel via the cellular device(paragraphs 0059-0060, (paragraphs 0059-0060, “…. the system description given in FIG. 4. Two LMR communications towers 104 transmitting on frequency f1 over a first geographic area and 2301 and transmitting on f2 over a second geographic area. The first communications tower 104 includes a site controller 601, a control channel 603 and a number of traffic channels 604 and 605 as shown in FIG. 7. The second communications tower 2301 includes a site controller 601, a control channel 606 and a number of traffic channels 607 and 608 as shown in FIG. 7. When the radio 100 moves between the coverage area of tower 104 and 2301 it can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength. This is a typical operation of an LMR terminal as known in the art. In this case however the radio 100 is connected to a smart mic 200 which means that if the user is presently using the smart mic it means the radio can preferentially hunt/scan without interrupting user operation. Here is described the case of measuring the control channels 603 and 606 to make a decision as to which tower 104 and 2301 to connect to. The same approach can be used to select between voice channels.
FIG. 21 illustrates the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting. In step 2002, the smart mic detects whether or not a radio terminal is attached. If a radio terminal is not attached then the smart mic simply remains in step 2002 until a radio terminal is attached. If a radio terminal is attached then in step 2004 an assessment is made to see if the smart mic is transmitting audio via the PTToC path. If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2.”).
Hao et al does not disclose an LMR memory; and store the channel configuration information in the LMR memory.
Siddoway et al discloses a LMR memory; and store the channel configuration information in the LMR memory (figure 1, RAN 102, “…RAN 102 may implement a direct-mode, conventional, or trunked land mobile radio (LMR) standard.” and paragraph 0038 ”… Database 204 comprises standard memory (such as RAM, ROM, . . . , etc) and serves to store traffic channel identification (e.g., a traffic channel ID) along with a summary of what happened to individuals occupying the traffic channel for a predetermined period of time.”)
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Siddoway et al in to the apparatus of Hao et al in order to allow the system to determine the optimal channel for data communication.
Regarding claim 2, Hao et al in view of Siddoway et al discloses the apparatus of claim 1. Hao et al discloses wherein the LMR local communication interface is configured to transmit an audio signal to the POC network over the selected channel via the cellular device (paragraphs 0038 and 0041, “…For example a police officer may be wearing an LMR radio terminal 100 on a belt and a cable 101 may run up the body to a speaker mic 102 located on a lapel or another convenient position. The cable 101 typically carries audio signals and push to talk (PTT) signals. This type of speaker mic 102 typically has minimal processing capability and represents an extension of the microphone/speaker functionality of an attached LMR radio device.”).
Regarding claim 3, Hao et al in view of Siddoway et al discloses the apparatus of claim 1. Hao et al discloses wherein the LMR local communication interface is configured to receive an audio signal from the POC network over the selected channel via the cellular device (paragraph 0060, “…the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting. In step 2002, the smart mic detects whether or not a radio terminal is attached. If a radio terminal is not attached then the smart mic simply remains in step 2002 until a radio terminal is attached. If a radio terminal is attached then in step 2004 an assessment is made to see if the smart mic is transmitting audio via the PTToC path. If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2.”).
Regarding claim 15, Hao et al discloses a method of communicating on a push-to-talk-over-cellular (POC) network (paragraph (paragraphs 0037 and 0041-0042), the method comprising: providing an LMR device (paragraph 0038, “…an LMR radio terminal 100 connected to a standard speaker mic 102 through a cable 101. … This type of speaker mic 102 typically has minimal processing capability and represents an extension of the microphone/speaker functionality of an attached LMR radio device.”); providing a cellular device (paragraphs 0039 and 0043, “… a cellular device in the form of a smart mic 200. The smart mic contains its own processor. The smart mic is optionally connected to an LMR radio terminal 100 via a cable 101 that may be the same as that described in FIG. 1.”); establishing communication between the LMR device and the cellular device(paragraphs 0037 and 0041-0042, “…Referring to the drawings it will be appreciated the invention may be performed in a variety of ways using many forms of an LMR device such as a portable or mobile radio terminal combined with many forms of a cellular device such as a smart mic or a cellphone implementing a PTToC client”); retrieving channel configuration information defining one or more POC channels from the cellular device (paragraphs 0059-0060) and selecting a selected channel on the LMR device from the one or more POC channels defined by the channel configuration information(paragraphs 0059-0060); communicating the selected channel to the cellular device; and communicating with the POC network over the selected channel with the LMR device via the cellular device (paragraphs 0059-0060, “…. the system description given in FIG. 4. Two LMR communications towers 104 transmitting on frequency f1 over a first geographic area and 2301 and transmitting on f2 over a second geographic area. The first communications tower 104 includes a site controller 601, a control channel 603 and a number of traffic channels 604 and 605 as shown in FIG. 7. The second communications tower 2301 includes a site controller 601, a control channel 606 and a number of traffic channels 607 and 608 as shown in FIG. 7. When the radio 100 moves between the coverage area of tower 104 and 2301 it can scan/hunt between the two control channels 603 and 606 and choose the best one based on signal strength. This is a typical operation of an LMR terminal as known in the art. In this case however the radio 100 is connected to a smart mic 200 which means that if the user is presently using the smart mic it means the radio can preferentially hunt/scan without interrupting user operation. Here is described the case of measuring the control channels 603 and 606 to make a decision as to which tower 104 and 2301 to connect to. The same approach can be used to select between voice channels.
FIG. 21 illustrates the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting. In step 2002, the smart mic detects whether or not a radio terminal is attached. If a radio terminal is not attached then the smart mic simply remains in step 2002 until a radio terminal is attached. If a radio terminal is attached then in step 2004 an assessment is made to see if the smart mic is transmitting audio via the PTToC path. If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2.”).
Hao et al does not disclose storing the channel configuration in the LMR device;
Siddoway et al discloses storing the channel configuration in the LMR device (paragraphs 0020 and 0038 ”… Database 204 comprises standard memory (such as RAM, ROM, . . . , etc) and serves to store traffic channel identification (e.g., a traffic channel ID) along with a summary of what happened to individuals occupying the traffic channel for a predetermined period of time.”)
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Siddoway et al in to the method of Hao et al in order to allow the system to determine the optimal channel for data communication.
Regarding claim 21, Hao et al in view of Siddoway et al discloses the apparatus of claim 1. Hao et al discloses wherein the cellular device is a cellular phone, a tablet, or a laptop computer configured to communicate via a broadband cellular network (paragraph 0039, “…a cellular device in the form of a smart mic 200 “ and paragraph 0042, “…a smart mic 200 connected by a cable 101 to an LMR radio terminal 100. This particular smart mic unit 200 is capable of making calls over either LTE or radio terminal.”)
Regarding claim 25, and as applied to the claim 24 above, claim 25 is similar in scope to the claim 21 and thus the rejection to claim 21 hereinabove is also applicable to claim 25.
5. Claim(s) 4-7 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hao et al (U.S. Patent Pub. # US 2020/0154512 A1) in view of Siddoway et al (U.S. Patent Pub. # US 2020/0395017 A1) further in view of Tang et al (U.S. Patent # US 11,134,341 B1).
Regarding claim 4, Hao et al in view of Siddoway et al discloses the apparatus of claim 1.
Hao et al does not disclose the LMR device further comprising an LMR audio device configured to: convert a first audio signal into a first sound wave; or convert a second sound wave into a second audio signal.
Tang et al discloses an LMR audio device configured to (column 3, lines 7-15, “…communication system 10 may be implemented using various existing networks, for example, a cellular network, a Long Term Evolution (LTE) network, a 3GPP compliant network, a 5G network, the Internet, a land mobile radio (LMR) network, a Bluetooth™ network, a wireless local area network (for example, Wi-Fi), a wireless accessory Personal Area Network (PAN), a Machine-to-machine (M2M) autonomous network, and a public switched telephone network.”): convert a first audio signal into a first sound wave; or convert a second sound wave into a second audio signal (column 4, lines 8-14, “…When the push-to-talk mechanism 204 is compressed, the communication device 200 may enable the microphone 214 and disable the ability of the speaker 212 to provide an acoustic output, entering a transmission mode. In the transmission mode, the microphone 214 may be configured to convert sound waves to a digital audio signal (for example, a first audio signal).”)
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Tang et al in to the apparatus of Hao et al in view of Siddoway et al in order to allow the system to provide input signals via microphone for voice communication.
Regarding claim 5, Hao et al in view of Siddoway et al discloses the apparatus of claim 4. Hao et al discloses wherein: the LMR audio device is an LMR combined speaker/microphone (paragraph 0038, “…an LMR radio terminal 100 connected to a standard speaker mic 102 through a cable 101. This is a common configuration used in the field today. For example a police officer may be wearing an LMR radio terminal 100 on a belt and a cable 101 may run up the body to a speaker mic 102 located on a lapel or another convenient position. The cable 101 typically carries audio signals and push to talk (PTT) signals. This type of speaker mic 102 typically has minimal processing capability and represents an extension of the microphone/speaker functionality of an attached LMR radio device”).
Hao et al does not disclose the LMR combined speaker/microphone is configured to convert the first audio signal into the first sound wave and convert the second sound wave into the second audio signal.
Tang et al discloses he LMR combined speaker/microphone is configured to convert the first audio signal into the first sound wave and convert the second sound wave into the second audio signal (column 4, lines 21-26, “…In some embodiments, when the push-to-talk button is released or relaxed, the communication device 200 may disable the microphone 214 and enable the speaker 212, entering a receiving mode. In the receiving mode, the speaker 212 may be configured to convert electrical signals received using the antenna 202 to an acoustic output.”).
Regarding claim 6, Hao et al in view of Siddoway et al discloses the apparatus of claim 4. Hao et al in view of Siddoway et al does not disclose wherein the LMR audio device comprises: an LMR speaker configured to convert the first audio signal into the first sound wave; and an LMR microphone configured to convert the second sound wave into the second audio signal.
Tang et al discloses the LMR audio device comprises: an LMR speaker configured to convert the first audio signal into the first sound wave (column 4, lines 21-26, “…when the push-to-talk button is released or relaxed, the communication device 200 may disable the microphone 214 and enable the speaker 212, entering a receiving mode. In the receiving mode, the speaker 212 may be configured to convert electrical signals received using the antenna 202 to an acoustic output.”); and an LMR microphone configured to convert the second sound wave into the second audio signal (column 4, lines 8-14, “…When the push-to-talk mechanism 204 is compressed, the communication device 200 may enable the microphone 214 and disable the ability of the speaker 212 to provide an acoustic output, entering a transmission mode. In the transmission mode, the microphone 214 may be configured to convert sound waves to a digital audio signal (for example, a first audio signal).”)
Regarding claim 7, Hao et al in view of Siddoway et al discloses the system of claim 4. Hao et al in view of Siddoway et al does not disclose the LMR device further comprising a push-to-talk (PTT) input; wherein: the LMR audio device is configured to receive the second sound wave and convert the second sound wave into the second audio signal in response to actuation of the PTT input; and the LMR local communication interface is configured to transmit the second audio signal to the POC network over the selected channel via the cellular device in response to actuation of the PTT input.
Tang et al discloses the LMR device further comprising a push-to-talk (PTT) input; wherein: the LMR audio device is configured to receive the second sound wave and convert the second sound wave into the second audio signal in response to actuation of the PTT input (column 4, lines 8-14, “…When the push-to-talk mechanism 204 is compressed, the communication device 200 may enable the microphone 214 and disable the ability of the speaker 212 to provide an acoustic output, entering a transmission mode. In the transmission mode, the microphone 214 may be configured to convert sound waves to a digital audio signal (for example, a first audio signal).”); and the LMR local communication interface is configured to transmit the second audio signal to the POC network over the selected channel via the cellular device in response to actuation of the PTT input (column 4, lines 21-26, “…when the push-to-talk button is released or relaxed, the communication device 200 may disable the microphone 214 and enable the speaker 212, entering a receiving mode. In the receiving mode, the speaker 212 may be configured to convert electrical signals received using the antenna 202 to an acoustic output.”).
Regarding claim 16, Hao et al in view of Siddoway et al discloses the method of claim 15. Hao et discloses wherein the communicating over the POC network further comprises: receiving a first audio signal from the POC network over the selected channel with the cellular device (paragraph 0060, “…the process by which the smart mic instructs the attached radio terminal to scan/hunt when the smart mic is transmitting. In step 2002, the smart mic detects whether or not a radio terminal is attached. If a radio terminal is not attached then the smart mic simply remains in step 2002 until a radio terminal is attached. If a radio terminal is attached then in step 2004 an assessment is made to see if the smart mic is transmitting audio via the PTToC path. If a PTToC transmission has started then in step 2005 an instruction is sent to the radio terminal informing it to start scanning/hunting on the set of channels available, in this case f1 and f2. In step 2006 a test is conducted to see if the smart mic is still transmitting audio.”); communicating the first audio signal from the cellular device to the LMR device (paragraphs 0038 and 0041, “…a police officer may be wearing an LMR radio terminal 100 on a belt and a cable 101 may run up the body to a speaker mic 102 located on a lapel or another convenient position. The cable 101 typically carries audio signals and push to talk (PTT) signals. This type of speaker mic 102 typically has minimal processing capability and represents an extension of the microphone/speaker functionality of an attached LMR radio device.)” .
Hao et al in view of Siddoway et al does not disclose converting the first audio signal into a first sound wave with the LMR device; and playing the first sound wave with the LMR device.
Tang et al discloses converting the first audio signal into a first sound wave with the LMR device; and playing the first sound wave with the LMR device (column 3, lines 7-15, “…communication system 10 may be implemented using various existing networks, for example, a cellular network, a Long Term Evolution (LTE) network, a 3GPP compliant network, a 5G network, the Internet, a land mobile radio (LMR) network, a Bluetooth™ network, a wireless local area network (for example, Wi-Fi), a wireless accessory Personal Area Network (PAN), a Machine-to-machine (M2M) autonomous network, and a public switched telephone network.”; and (column 4, lines 21-26, “…when the push-to-talk button is released or relaxed, the communication device 200 may disable the microphone 214 and enable the speaker 212, entering a receiving mode. In the receiving mode, the speaker 212 may be configured to convert electrical signals received using the antenna 202 to an acoustic output.”).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Tang et al in to the apparatus of Hao et al in view of Siddoway et al in order to allow the system to provide input signals via microphone for voice communication.
Regarding claim 17, Hao et al in view of Siddoway et al discloses the method of claim 15. Hao et al in view of Siddoway et al does not disclose wherein the communicating over the POC network further comprises: receiving a first sound wave with the LMR device; converting the first sound wave into a first audio signal with the LMR device; communicating the first audio signal from the LMR device to the cellular device; and transmitting the first audio signal to the POC network over the selected channel with the cellular device.
Tang et al discloses the communicating over the POC network further comprises: receiving a first sound wave with the LMR device (from column 2, line 65 to column 3, line 15, “…The communication system 10 also includes a first communication device 120, a second communication device 121, a third communication device 122, a fourth communication device 123, and a fifth communication device 124. The communication devices 120 through 124 may be, for example, mobile radios, push-to-talk-devices, mobile phones, personal digital assistants (PDAs), or similar devices capable of half-duplex communication. The communication system 10 may be implemented using various existing networks, for example, a cellular network, a Long Term Evolution (LTE) network, a 3GPP compliant network, a 5G network, the Internet, a land mobile radio (LMR) network, a Bluetooth™ network, a wireless local area network (for example, Wi-Fi), a wireless accessory Personal Area Network (PAN), a Machine-to-machine (M2M) autonomous network, and a public switched telephone network.”); converting the first sound wave into a first audio signal with the LMR device (column 4, lines 8-14, “…When the push-to-talk mechanism 204 is compressed, the communication device 200 may enable the microphone 214 and disable the ability of the speaker 212 to provide an acoustic output, entering a transmission mode. In the transmission mode, the microphone 214 may be configured to convert sound waves to a digital audio signal (for example, a first audio signal).”); communicating the first audio signal from the LMR device to the cellular device(from column 2, line 65 to column 3, line 15, “…The communication system 10 also includes a first communication device 120, a second communication device 121, a third communication device 122, a fourth communication device 123, and a fifth communication device 124. The communication devices 120 through 124 may be, for example, mobile radios, push-to-talk-devices, mobile phones, personal digital assistants (PDAs), or similar devices capable of half-duplex communication. The communication system 10 may be implemented using various existing networks, for example, a cellular network, a Long Term Evolution (LTE) network, a 3GPP compliant network, a 5G network, the Internet, a land mobile radio (LMR) network, a Bluetooth™ network, a wireless local area network (for example, Wi-Fi), a wireless accessory Personal Area Network (PAN), a Machine-to-machine (M2M) autonomous network, and a public switched telephone network.”); and transmitting the first audio signal to the POC network over the selected channel with the cellular device(from column 2, line 65 to column 3, line 15, “…The communication system 10 also includes a first communication device 120, a second communication device 121, a third communication device 122, a fourth communication device 123, and a fifth communication device 124. The communication devices 120 through 124 may be, for example, mobile radios, push-to-talk-devices, mobile phones, personal digital assistants (PDAs), or similar devices capable of half-duplex communication. The communication system 10 may be implemented using various existing networks, for example, a cellular network, a Long Term Evolution (LTE) network, a 3GPP compliant network, a 5G network, the Internet, a land mobile radio (LMR) network, a Bluetooth™ network, a wireless local area network (for example, Wi-Fi), a wireless accessory Personal Area Network (PAN), a Machine-to-machine (M2M) autonomous network, and a public switched telephone network.”).
4. Claim(s) 22-24 and 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hao et al (U.S. Patent Pub. # US 2020/0154512 A1) in view of Siddoway et al (U.S. Patent Pub. # US 2020/0395017 A1) further in view of Martinez et al (U.S. Patent Pub. # US 2006/0262800 A1).
Regarding claim 22, Hao et al in view of Siddoway et al discloses the apparatus of claim 1. Hao et al does not disclose wherein the channel selection input is an input control provided on an exterior of the LMR device.
Martinez et al discloses a channel selection input is an input control provided on an exterior of the LMR device (figure 4, a channel knob 226; paragraph 0041)..
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Martinez et al in to the apparatus of Hao et al in view of Siddoway et al, such that a channel selection item could be provided on an exterior of the LMR device in order to allow the user conveniently change/select the channels as taught by Martinez et al (paragraph 0041).
Regarding claim 23, Hao et al in view of Siddoway et al and Martinez et al discloses the apparatus of claim 22. Martinez et al discloses wherein the channel selection input is a turnable knob, a turnable dial, a slidable switch, or one or more buttons (paragraph 0041).
Regarding claim 24, Hao et al in view of Siddoway et al discloses the method of claim 15. Hao et al discloses wherein the LMR device comprises: an LMR processor; an LMR memory; an LMR local communication interface configured to communicate with the cellular device (paragraph 0060 and claim 13).
Hao et al silent to a channel selection input.
Martinez et al discloses an LMR device comprises: an LMR processor; an LMR memory; an LMR local communication interface configured to communicate with the cellular device and a channel selection input (paragraph 0038).
Regarding claim 26, and as applied to the claim 24 above, claim 26 is similar in scope to the claim 22 and thus the rejection to claim 22 hereinabove is also applicable to claim 26.
Regarding claim 27, and as applied to the claim 26 above, claim 27 is similar in scope to the claim 23 and thus the rejection to claim 23 hereinabove is also applicable to claim 27.
Regarding claim 28, Hao et al in view of Siddoway et al and Martinez et al discloses the apparatus of claim 26. Martinez et al discloses wherein the selecting the selected channel on the LMR device comprises actuating the channel selection input (paragraph 0041).
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 FATUMA G SHERIF whose telephone number is (571)270-7189. The examiner can normally be reached 10am - 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAN YUWEN can be reached at 571-272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FATUMA G SHERIF/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
Prosecution Insights