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 .
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.
Claim(s) 1-4, 6-10, and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foelsch et al. (US 2023/0057639) in view of Luna et al. (US 2015/0358768).
Referring to Claim 1, Foelsch teaches a system for controlling access to an external device, the system comprising a first device and a second, external device, both comprising wireless communication units using a common communication protocol (see fig. 8 which shows a first device 210 and second device 206 in wireless communication 806 using a common protocol as described in paragraph 69 in which a pairing system can be implemented in either or both devices as described in paragraph 62), wherein a first device comprises an acoustic transmitter being configured to transmit acoustic signals at least partially within the ultrasonic range (see paragraph 178 which shows acoustic ultrasonic transmission), and the second of the devices comprises an acoustic receiver configured to receive acoustic signals at least partially in the ultrasonic range, the transmitted ultrasonic signal having predetermined characteristics and the receiver being configured to recognize the characteristics as well as the signal strength of the acoustic signal (see paragraph 119 which shows an ultrasonic signal being detected by one of the first and second devices) and, at the receipt of the ultrasonic signal at a sufficient strength at the second device initiating a wireless communication using the communication protocol (see paragraph 119 which shows the pairing of the first and second devices occurring after determination of ultrasonic signals being above a signal strength threshold).
Foelsch does not teach wherein the second device is configured to transmit a signal using the communication protocol initiating the acoustic signal transmission from the first device. Luna teaches wherein the second device is configured to transmit a signal using the communication protocol initiating the acoustic signal transmission from the first device (see paragraph 33 which shows a device requesting another device to transmit an ultrasonic acoustic signal where the request is the signal to initiate the ultrasonic transmission). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Luna to the device of Foelsch in order to provide a more reliable exchange of acoustic signals.
Referring to Claim 9, Foelsch teaches a method for using an external device for accessing control of a first device, the devices comprising wireless communication units and at least a second device comprising a microphone and a first device comprising a speaker (see fig. 8 which shows a first device 210 and second device 206 in wireless communication 806 where paragraph 47 shows the first device with a microphone and paragraph 3 shows the second device with a speaker), the method comprising:
transmitting an ultrasonic signal from the first device to the first (see paragraph 178 which shows acoustic ultrasonic transmission and paragraph 119 which shows an ultrasonic signal being detected by one of the first and second devices further noting that a pairing system can be implemented in either or both devices as described in paragraph 62), the ultrasonic signal comprising predetermined characteristics, the second device, at the receipt of the ultrasonic signal with a sufficient signal strength, providing access to the wireless communication (see paragraph 119 which shows the pairing of the first and second devices occurring after determination of ultrasonic signals being above a signal strength threshold). Foelsch does not teach the steps of transmitting a signal using a chosen communication protocol from the second device initiating the transmission of the ultrasonic signal. Luna teaches the steps of transmitting a signal using a chosen communication protocol from the second device initiating the transmission of the ultrasonic signal (see paragraph 33 which shows a device requesting another device to transmit an ultrasonic acoustic signal where the request is the signal to initiate the ultrasonic transmission). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Luna to the device of Foelsch in order to provide a more reliable exchange of acoustic signals.
Referring to Claim 2, Foelsch also teaches the first device as a wireless router, the router being connected to a speaker being configured to transmit the ultrasonic signal, the ultrasonic signal comprising information recognizable to the external device (see paragraph 47 which shows the device as a smart device or computer which is known in the art to be able to act as a router and also showing the device as an audio device including a speaker), the external device being configured to, at the receipt of the recognizable information, transmit, using the wireless protocol, the recognizable signal to the first device, the recognizable signal comprising an access code for communicating with the router (see paragraph 49 which shows the code for communication between the devices).
Referring to Claim 3, Foelsch also teaches the first device as a media unit, the limited wireless communication allowing access to control the media unit (see paragraph 35 which shows screens and speakers included in the device).
Referring to Claim 4, Foelsch also teaches the media unit as a speaker (see paragraph 3 which shows the second device with a speaker), the external device being adapted to, using the wireless protocol to transmit signals to be received by the speaker, the external device also comprising a storage comprising a file representing an ultrasonic signal with a known amplitude and frequency range (see paragraphs 48 and 73 which show the amplitude and frequency ranges of the ultrasonic signal), wherein the external device is adapted to transmit the file to the speaker, wherein the external device comprises a microphone capable of receiving the ultrasonic signal frequency range and an analyzing unit for recognizing the ultrasonic signal and, if received, providing a playback of user chosen files on the speaker (see paragraph 47 which shows the first device with a microphone, paragraph 178 which shows acoustic ultrasonic transmission, and paragraph 119 which shows an ultrasonic signal being detected by one of the first and second devices).
Referring to Claims 6 and 12, Foelsch also teaches an interface for providing user feedback, allowing the user to choose if the external speaker is used (see paragraph 35 which shows the user control system including the speaker which implies the user able to choose the use of the speaker).
Referring to Claims 7 and 13, Foelsch also teaches a Bluetooth signal (see paragraph 69 which shows Bluetooth connection).
Referring to Claims 8 and 14, Foelsch also teaches the ultrasound playback file comprising a command specifying the playback amplitude of the ultrasonic signal (see paragraph 127 which shows the second device ultrasound beacon which shows the playback modified including the amplitude).
Referring to Claim 10, Foelsch also teaches the wireless communication units including a radio transmitter, transmitting a signal through the radio transmitter in a protocol suitable for an external speaker, the signal comprising a file representing an ultrasonic sound to be played by the speaker (see paragraph 3 which shows the second device with a speaker, paragraph 178 which shows acoustic ultrasonic transmission and paragraph 69 which shows wireless radio transmission), sensing, using the microphone, if an acoustic signal corresponding to the ultrasonic sound occurs (see paragraph 47 which shows the first device with a microphone), and if the ultrasound sound is not received, notifying the user, or, if the ultrasonic sound is received, transmitting a playback signal to the external speakers (see paragraph 129 which shows an error notification when the ultrasound signal is not received).
Referring to Claim 15, Foelsch also teaches the ultrasonic signal coded with specific characteristics, thus allowing the device to recognize the received ultrasonic signal (see paragraph 49 which shows the ultrasonic signal including code).
Referring to Claim 16, Foelsch also teaches a computer implemented software product implemented in a mobile electronic device, wherein the product when executed in the device performs the method (see paragraph 63 which shows software as part of the device).
Referring to Claim 17, Luna also teaches the signal initiating the acoustic signal including information about the sensitivity level of the microphone (see paragraph 20 which shows the maximum distance in which the microphone of the device is able to sense an acoustic signal and paragraph 33 which shows the request transmitted as a result of the devices being within a maximum distance which implies the request including information about the sensitivity level of the microphone).
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foelsch and Luna and further in view of Lei (US 2017/0102771).
Referring to Claims 5 and 11, the combination of Foelsch and Luna does not teach a display wherein the analyzing unit, when the ultrasonic signal is below the predetermined threshold, provides a notification on the device display. Lei teaches a display wherein the analyzing unit, when the ultrasonic signal is below the predetermined threshold, provides a notification on the device display (see paragraph 31 which shows a display showing the signal strength of ultrasonic signals and preset threshold). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Lei to the modified device of Foelsch and Luna in order to better maintain optimum signal strength by allowing a user to better adjust the devices.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EUGENE YUN/Primary Examiner, Art Unit 2648