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 § 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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Cilia et al. (US Patent Application, Pub. No.: US 2009/0052685 A1).
In regards to claims 1, 11, 14, and 15, Cilia discloses a communication apparatus (104, Figure 1), method, and non-transitory computer-readable storage medium (paragraph 31) that includes an audio capturing unit (118, Figure 1), comprising: a communication unit configured to wirelessly communicate with an external apparatus (102, Figure 1) and transmit audio data captured by the audio capturing unit (paragraph 17-18); a storage unit (memory 120, Figure 1) configured to store the audio data captured by the audio capturing unit (paragraph 17-18 and 27-28); and a control unit configured to control deletion of the audio data stored in the storage unit according to a predetermined rule (Figure 2, controls deletion according to transmission success/failure); paragraph 27-28), wherein in a case where a wireless communication state with the external apparatus relating to transmission of the captured audio data does not satisfy a predetermined condition (i.e., when the communication state fails to satisfy a successful transmission; ‘N’ in Figure 2), the control unit performs control so that the audio data stored in the storage unit is not deleted according to the predetermined rule (214, Figure 2) (paragraph 18 and paragraph 28).
In regards to claim 2, Cilia discloses the communication apparatus, wherein controlling deletion of the audio data according to the predetermined rule includes deleting the audio data according to time elapsed from when stored in the storage unit (paragraph 27-28).
In regards to claim 3, Cilia discloses the communication apparatus, wherein in a case where the wireless communication state relating to transmission of the captured audio data does not satisfy the predetermined condition, the control unit further adds information indicating prohibition of deletion according to the predetermined rule to the audio data stored in the storage unit (Figure 2, controls deletion according to transmission success/failure) (paragraph 28).
In regards to claim 4, Cilia discloses the communication apparatus, wherein in a case where the wireless communication state relating to transmission of the captured audio data does not satisfy the predetermined condition, the control unit further delays deletion of the audio data according to the predetermined rule (paragraph 27-28).
In regards to claim 5, Cilia discloses the communication apparatus, further comprising: a determination unit configured to determine whether or not the wireless communication state relating to transmission of the captured audio data satisfies the predetermined condition (paragraph 23).
In regards to claim 6, Cilia discloses the communication apparatus, wherein in a case where information indicating that the wireless communication state relating to transmission of the captured audio data does not satisfy the predetermined condition is received from the external apparatus, the control unit performs control so that the audio data stored in the storage unit is not deleted according to the predetermined rule (paragraph 27-28).
In regards to claim 7, Cilia discloses the communication apparatus, wherein in a case where information indicating prohibition of deletion according to the predetermined rule is received from the external apparatus, the control unit performs control so that the audio data stored in the storage unit is not deleted according to the predetermined rule (paragraph 18 and paragraph 28).
In regards to claim 8, Cilia discloses the communication apparatus, wherein in a case where a received signal strength indicator of an electromagnetic wave signal emitted from the external apparatus is less than a received signal strength indicator threshold, the wireless communication state with the external apparatus does not satisfy the predetermined condition (paragraph 17).
In regards to claim 9, Cilia discloses the communication apparatus, wherein the control unit changes the received signal strength indicator threshold depending on a difference between a received signal strength indicator and a noise floor (paragraph 20).
In regards to claim 10, Cilia discloses the communication apparatus, wherein the communication unit transmits first audio data in response to the audio capturing unit capturing the first audio data and receives second audio data obtained by the external apparatus returning the first audio data transmitted (paragraph 19), and the control unit determines whether or not the wireless communication state relating to transmission of the captured audio data satisfies the predetermined condition according to a match rate between the first audio data transmitted and the second audio data returned by the external apparatus (Figure 2, controls deletion according to transmission success/failure); paragraph 27-28).
In regards to claim 12, Cilia discloses the communication apparatus, wherein in a case where a received signal strength indicator of an electromagnetic wave signal emitted from the external apparatus is less than a received signal strength indicator threshold, the control unit determines that the predetermined condition is not satisfied and transmits the information (i.e., when the communication state fails to satisfy a successful transmission; ‘N’ in Figure 2) (paragraph 18 and paragraph 28).
In regards to claim 13, Cilia discloses the communication apparatus, wherein in a case where a packet loss rate obtained on a basis of packets received from the external apparatus is less than a threshold, the control unit determines that the predetermined condition is not satisfied and transmits the information (i.e., when the communication state fails to satisfy a successful transmission; ‘N’ in Figure 2) (paragraph 18 and paragraph 28).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bayer et al. (US Patent Application, Pub. No.: US 2022/0210551 A1) teach a selector input device to transmit audio signals. Lim et al. (US Patent Application, Pub. No.: US 2012/0049998 A1) teach a mobile terminal and method of controlling operation of the mobile terminal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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, Ahmad Matar can be reached at (571) 272-7488. 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.
/THJUAN K ADDY/Primary Examiner, Art Unit 2693