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 Arguments
Applicants’ arguments with respect to claim(s) have been considered but are moot because of newly added limitations into currently amended claims. Response to the amendment is as below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Campbell (US10687145) (hereafter Campbell).
Regarding claim 11, Campbell discloses a system for communications, the system comprises:
a server (col. 22 lines 8-11, server, 134); and
a plurality of communications devices, each of the plurality of communications devices (see, col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120) comprising:
audio input and output (col 11, lines 11-32); and
a transceiver configured to communicate with the server and with other ones of the plurality of communications devices (see, Fig. 2, the headphone, 120 two-way communications with the server, 134 as transceiver and server, 134, see, col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120);
wherein the plurality of communications devices is configured to communicate with other ones of the plurality of communications devices either (a) directly, when the plurality of communications devices are within a certain distance of each other, or (b) through the server (col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120, see, col. 20 lines 28-35 ,col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120 and initiate conversation. col. 33 lines 5-15 discloses in the decision step 508, the motion sensing module 156 may determine whether the head of the attendee 200a has turned towards a second user (e.g., the attendee 200b). For example, the motion sensing module 156 may detect direction change 242 and/or the proximity change 244 (e.g., determine whether the attendee 200a is facing the screen 54 or has turned to the side or leaned towards where another of the attendees 200a-200n would be seated and step 514, communicate spoken words to headset of second user).
Regarding claim 12, Campbell further discloses the system, wherein the plurality of communications devices is configured to allow for selection between communicating with other ones of the plurality of communications devices directly or through the server (col. 20 lines 66-67 and col. 21 lines 1-3, the noise cancellation module 152 may be tuned for the pre-selected group of the attendees 200a-200m. For example, the attendees 200a-200d may form a group that is pre-approved for allowing speech communication. Col. 4 lines 60-67 discloses the communication device 108 may be configured to transmit and/or receive data to/from an external device. The communication device 108 may be configured to communicate using various wired and/or wireless protocols (e.g., Ethernet, Wi-Fi, Bluetooth, etc.). In an example, the communication device 108 may be connected to an external server computer (e.g., to receive digital movies from a distributor). The type of data communicated from and/or received by the communication device 108 may be varied according to the design criteria of a particular implementation).
Regarding claim 13, Campbell further discloses the system, wherein the plurality of communications devices are configured to communicate with other ones of the plurality of communications devices directly using Bluetooth Low Energy (BLE) when the plurality of communications devices is within the certain distance of each other (col. 4 lines 60-67, (40) The communication device 108 may be configured to transmit and/or receive data to/from an external device. The communication device 108 may be configured to communicate using various wired and/or wireless protocols (e.g., Ethernet, Wi-Fi, Bluetooth, etc.), col. 5 lines 40-45).
Regarding claim 14, Campbell further discloses the system, wherein the plurality of communications devices is configured to communicate with other ones of the plurality of communications devices through the server using one or both of cellular networks or Wi- Fi (col. 10 lines 66-67 and col. 11 lines 1-6, headphone communicate using wi-fi wireless communication).
Regarding claim 15, Campbell further discloses the system, further comprising a plurality of transmitters in radio communications with each other, wherein one or more of the plurality of radio transmitters are coupled to one or more of the plurality of communications devices to relay communications among the plurality of radio transmitters and other ones of the plurality of communications devices (col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120, see, col. 20 lines 28-35 discloses col. 10 lines 53-55 discloses determine a distance between the headphones 120 and another pair of the headphones 120).
Allowable Subject Matter
Claims 1-7, 16-19 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior arts, in combination with the other limitations of the claims fail to explicitly disclose wherein a determination of the approximate distance to the one or more of the other ones of the plurality of communications devices is based, at least in part, on one or both of received signal strength indicator (RSSI) or global positioning system (GPS), dynamically selected and varying in weight between RSSI and GPS depending on a scale of the predetermined distance, as amended, render the claims allowable over prior arts.
The closest prior arts, in combination with the other limitations of the claims fail to explicitly disclose a system for communications, the system comprising: A system for communications, the system comprising: a server; a plurality of communications devices, each of the plurality of communications devices comprising: audio input and output; and a transceiver configured to communicate with the server and with other ones of the plurality of communications devices; and a plurality of radio transmitters in radio communications with each other, wherein one or more of the plurality of radio transmitters are coupled to one or more of the plurality of communications devices to relay communications among the plurality of radio transmitters and other ones of the plurality of communications devices; wherein the plurality of communications devices are configured to communicate with other ones of the plurality of communications devices either (a) directly, when the plurality of communications devices are within a certain distance of each other, or (b) through the server; wherein the plurality of radio transmitters and the plurality of communications devices are grouped into one or more channels, wherein communications among the plurality of radio transmitters and the plurality of communications devices are limited to ones of the plurality of radio transmitters and ones of the plurality of communications devices within each of the one or more channels, as amended, render the claims allowable over prior arts.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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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/DHAVAL V PATEL/Primary Examiner, Art Unit 2631
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