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.
Claims 1-5, 7, 9-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moshfeghi (10,735,079) in view of Blair (7,929,972) and Huseth (2020/0320855).
Regarding claims 1 and 14-16, Moshfeghi discloses a communication device (i.e. a mobile entity) for an article of personal equipment such as construction equipment (See figs. 1, 3 and col. 8 lines 12-17), the communication device comprising: a plurality of communication circuits (i.e. distributed transceivers) corresponding to a plurality of modulation schemes and a plurality of communication channels, the plurality of communication channels comprising different bandwidths from each other, wherein each communication circuit is configured to modulate a signal using a corresponding modulation scheme from the plurality of modulation schemes for transmission over a corresponding communication channel from the plurality of communication channels (See figs. 1,3 and col. 3 lines 34-44, col. 6 lines 17-56); and a controller (i.e. central processor) (see figs. 2-3) communicably coupled with the plurality of communication circuits, wherein the controller is, via a routing/switching mechanism, configured to: to switch between the plurality of communication circuits and select one communication circuit from the plurality of communication circuits, such that the one communication circuit receives the input signal and modulates the input signal using the corresponding modulation scheme for transmission over the corresponding communication channel (See fig. 4 and col. 23 lines 1-17). However, Moshfeghi does not explicitly mention that: a) the routing/switching mechanism comprises an input terminal configured to receive the input signal and a plurality of output terminals corresponding to the plurality of communication circuits, and wherein the controller is further configured to control the switching circuit to selectively couple one output terminal from the plurality of output terminals to the input terminal; b) the controller is configured to determine a criticality level of the input signal and to switch between the plurality of communication circuits and to select one communication circuit from the plurality of communication circuits based on the criticality level of the input signal; and c) and the article of personal equipment is personal protective equipment such as a personal alert safety system (PASS) device or a self-contained breathing apparatus (SCBA). Since Moshfeghi does suggest that “the one or more data streams may be communicated utilizing the configured one or more of the distributed transceivers in the mobile entity” (See fig. 4, step 406, col. 23 lines 9-11) and a routing/switching mechanism comprising an input terminal configured to receive the input signal and a plurality of output terminals such as demultiplexer is commonly known in the art; therefore, it would have been obvious to one skilled in the art to utilize demultiplexer as the routing/switching mechanism (i.e. a switching circuit) for the system of Moshfeghi, for the advantage of expanding the capability of the system to various types of switching devices. Further, since Blair suggests a wireless communications device for use in a wireless communications network having multiple channels, wherein the controller of the wireless communication device is configured to determine a criticality level of an input signal (priority or non-priority) and to select appropriate modulation scheme, rate, bandwidth for transmission (See fig. 5, steps 510-530, claim 16 and col. 3 lines 36-46); therefore, it would have been obvious to one skilled in the art to modify, as suggested by Blair, the system of Moshfeghi such that the controller is configured to determine a criticality level of the input signal (priority or non-priority) and to switch between the plurality of communication circuits and to select one communication circuit (with appropriate corresponding modulation scheme and bandwidth) from the plurality of communication circuits, based on the criticality level of the input signal, for transmission, for the advantage of allowing the system to prioritize data transmission when necessary. Finally, since personal protective equipment such as a personal alert safety system (PASS) device or a self-contained breathing apparatus (SCBA) comprising a plurality of transceiver for communications is known in the art as suggested by Huseth (See figs. 1-2 and par [0048-0051]); therefore, it would have been obvious to one skilled in the art to utilize such devices for the system of Moshfeghi & Blair, for the advantage of expanding the application of the system to various types of devices.
Claim 17 is rejected for the same reasons as set forth in claim 1, as method.
Regarding claims 2 and 4-5, Moshfeghi & Blair & Huseth disclose as cited in claim 1. Moshfeghi further discloses the plurality of communication circuits comprises: a first communication circuit (i.e. Bluetooth transceiver) configured to modulate the signal using a first modulation scheme for transmission over a first communication channel, wherein the first communication channel comprises a first bandwidth (Bluetooth primarily uses GFSK modulation scheme and 1 MHz channels) (See fig.3 and col. 20 line 65 to col. 21 line 15); and a second communication circuit (i.e. LTE transceiver) configured to modulate the signal using a second modulation scheme for transmission over a second communication channel, wherein the second communication channel comprises a second bandwidth greater than the first bandwidth of the first communication channel (LTE uses QPSK, 16-QAM, 64-QAM, 256-QAM modulation schemes and 1.4 MHz up to 20 MHz channels) (See fig.3 and col. 20 line 65 to col. 21 line 15), wherein the switching circuit is configured to selectively switch between the first communication circuit and the second communication circuit, and wherein the controller is communicably coupled with the first communication circuit and the second communication circuit and configured to: control the switching circuit to switch between the first communication circuit and the second communication circuit based on the criticality level of the input signal, such that one of the first communication circuit and the second communication circuit receives the input signal (See above rejection).
Claims 18 and 20 are rejected for the same reasons as set forth in claims 2 and 4, as method.
Regarding claim 3, Moshfeghi & Blair & Huseth disclose as cited in claim 2. However, they do not mention that control the switching circuit to switch to the first communication circuit, such that the first communication circuit receives the input signal upon determining that the input signal has the higher criticality level; and control the switching circuit to switch to the second communication circuit, such that the second communication circuit receives the input signal upon determining that the input signal has the lower criticality level. Since selecting an appropriate transceiver for a particular data transmission based on transmission range, signal strength, data rate, bandwidth, security, reliability, power, cost, etc. is merely a design choice; therefore, it would have been obvious to one skilled in the art to configure the system, as disclosed by Moshfeghi & Blair & Huseth, such that the first communication circuit (i.e. Bluetooth) for priority data (higher critically level) and the second communication circuit (i.e. LTE) for non-priority data, for the advantage of providing greater flexibility as well as power & cost savings, secured and low latency communications, and no network carrier dependency.
Claim 19 is rejected for the same reasons as set forth in claim 3, as method.
Regarding claim 7, Moshfeghi & Blair & Huseth disclose as cited in claim 1. The controller of Moshfeghi & Blair & Huseth is configured to determine the criticality level of the input signal based on network environment where the personal protective equipment (See Moshfeghi, col. 15 line 14 to col. 16 line 1).
Regarding claim 9, Moshfeghi & Blair & Huseth disclose as cited in claim 1. Moshfeghi further discloses the input signal is received from at least one of the article of personal protective equipment and an external device communicably coupled to the article of personal protective equipment (See figs. 1, 3 and col. 8 lines 43-56).
Regarding claim 10, Moshfeghi & Blair & Huseth disclose as cited in claim 1. Moshfeghi further discloses a transceiver communicably coupled to each of the plurality of communication circuits, wherein the transceiver is configured to wirelessly transmit an output signal received from the one communication circuit (See figs. 2-3).
Regarding claim 11, Moshfeghi & Blair & Huseth disclose as cited in claim 10. Moshfeghi further discloses at least one of: the plurality of communication circuits, the switching circuit, and the transceiver comprises a software-defined radio (SDR) (See fig. 2 and col. 25 lines 33-55).
Regarding claim 12, Moshfeghi & Blair & Huseth disclose as cited in claim 1. Moshfeghi further discloses a transceiver communicably coupled to at least one of the switching circuit and the controller, wherein the transceiver is configured to wirelessly receive the input signal (See figs. 2-3).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Moshfeghi & Blair & Huseth as applied to claim 1 above, and further in view of Sawabe (7,551,561).
Regarding claim 6, Moshfeghi & Blair & Huseth disclose as cited in claim 1. However, they do not mention that a memory communicably coupled to the controller and configured to store a predetermined lookup table comprising a plurality of data items and corresponding criticality levels of the plurality of data items, wherein the input signal comprises an input data, and wherein the controller is further configured to determine the criticality level of the input signal based on a match between the input data and the plurality of data items in the predetermined lookup table. Since Sawabe suggests a communication device, wherein a controller of the device configured to determine the criticality level of an input data based on a match between the input data and the plurality of data items as well as corresponding criticality levels of the plurality of data items in the predetermined lookup table stored in a memory coupled to the controller (See 2-4, 6 and col. 7 line 57 to col. 8 line 25); therefore, it would have been obvious to one skilled in the art to modify the system of Moshfeghi & Blair & Huseth as suggested by Sawabe, for the advantage of expanding the capability of the system.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Moshfeghi & Blair & Huseth as applied to claim 1 above, and further in view of Teng (9,438,697).
Regarding claim 13, Moshfeghi & Blair & Huseth disclose as cited in claim 1. They further disclose in the normal mode, the controller is configured to control the switching circuit based on the criticality level of the input signal (See rejection of claim 1 above). However, they do not mention that the controller is configured to switch between a normal mode and an administrative mode, wherein in the administrative mode, the controller is configured to control the switching circuit based on an administration signal received from an administrative device. Since Teng suggests a communication device with an administrative mode (i.e. manual mode), wherein the controller is configured to control the switching circuit based on an administration signal (i.e. input signal) received from an administrative device (i.e. user interface) (See fig. 7); therefore, it would have been obvious to one skilled in the art to modify the system of Moshfeghi & Blair & Huseth with manual mode (i.e. administrative mode) as suggested by Teng such that the controller is configured to switch between automatic mode (i.e. normal mode) and manual mode (i.e. administrative mode), for the advantage of expanding the capability of the system to various operating modes to accommodate the user’s desired intention.
Response to Arguments
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive.
The applicant mainly argued that Moshfeghi as well as Blair & Huseth do not disclose a switching circuit having the claimed input/output terminal structure and selective coupling operation as recited in amended claim 1 (See Remark, page 8-12). The examiner respectfully disagrees with the applicant’s argument. In this instant case, Moshfeghi does disclose that the controller is, via a routing/switching mechanism, configured to: to switch between the plurality of communication circuits and select one communication circuit from the plurality of communication circuits, such that the one communication circuit receives the input signal and modulates the input signal using the corresponding modulation scheme for transmission over the corresponding communication channel (See fig. 4 and col. 23 lines 1-17), wherein a routing/switching mechanism comprising an input terminal configured to receive the input signal and a plurality of output terminals such as demultiplexer is commonly known in the art; therefore, it would have been obvious to one skilled in the art to utilize demultiplexer as the routing/switching mechanism (i.e. a switching circuit) for the system of Moshfeghi, for the advantage of expanding the capability of the system to various types of switching devices. For that reason, the rejection(s) are proper and maintained.
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 TUAN A TRAN whose telephone number is (571)272-7858. The examiner can normally be reached Mon-Fri: 7:30 AM - 5:00 PM.
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, Wesley Kim can be reached at (571) 272-7867. 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.
/TUAN A TRAN/Primary Examiner, Art Unit 2648
Prosecution Insights