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
Applicant's arguments filed 11/6/2025 have been fully considered but they are not persuasive. Regarding the applicant’s arguments beginning on page 6 of Remarks, the applicant argues that Wissner-Gross fails to disclose all of the claimed limitations of independent claim 1. Specifically, the applicant argues “The rejection under 35 U.S.C. § 102(a)(1) should be withdrawn because Wissner-Gross fails to teach, suggest, or disclose all of the claim language of the independent claims as recited. First, the claimed method requires "providing data throughout a location" and "activating one or more transmitters positioned at the location." Wissner-Gross does not disclose any such configuration in which transmitters are positioned at, and specifically associated with, a defined physical location for the purpose of broadcasting localized information. Instead, Wissner-Gross describes generic ultrasonic data transmission between devices, such as computers or mobile phones, in an ad-hoc, peer-to-peer manner. Claim 1, by contrast, is directed to fixed or semi-fixed transmitters "positioned at the location" to provide coordinated and persistent data coverage "throughout a location," which is structurally and functionally distinct from the transient communications of Wissner-Gross.” The examiner respectfully disagrees.
Claim 1 requires “activating one or more transmitters positioned at the location to broadcast one or more inaudible tones that are inaudible to humans”. Figures 1 and 3 and Paragraph 0025 of Wissner-Gross illustrate and disclose a plurality of transponders 70 positioned throughout a retail environment which discloses the argued limitation of the claim.
On page 7 of Remarks, the applicant further argues “Second, the claim recites "encoding the data in the one or more inaudible tones using a logic engine associated with the location." Wissner-Gross fails to disclose any "logic engine associated with the location" that performs encoding or manages transmission of inaudible tones. The cited reference merely teaches a transmitting device that locally encodes data for acoustic output but provides no suggestion of a centralized logic engine managing multiple transmitters or encoding operations tied to a specific site. In the claims, the "logic engine associated with the location" provides a distinct architectural feature that allows coordinated encoding and broadcasting across transmitters at the site, a configuration entirely absent from Wissner-Gross.” The examiner respectfully disagrees.
Paragraph 0041 of Wissner-Gross discloses where the distinct retail environment containing the plural transponders includes a computer system that controls the functionality of the transponders. Therefore, Wissner-Gross discloses the argued limitation.
On page 7 of Remarks, the applicant further argues “Third, the claim expressly requires "broadcasting the one or more inaudible tones in combination with or embedded within audible audio content through the one or more transmitters at the location." Wissner-Gross does not teach or suggest embedding inaudible tones within audible audio content. To the contrary, the reference emphasizes transmitting ultrasonic signals in frequency bands separate from human-audible content to avoid interference. Claim 1 instead integrates the inaudible tones directly "in combination with or embedded within audible audio content," such as music, announcements, or environmental sounds, thereby allowing seamless data delivery without interrupting normal audio playback. This feature is entirely absent from, and contrary to, the teachings of Wissner-Gross.” The examiner respectfully disagrees.
Paragraph 0038 of Wissner-Gross discloses that the transponders emit an audible audio tone which may include a music track and a masked tone which is unperceivable by the user but is detected by the smart device of the user. Therefore, Wissner-Gross discloses the argued limitation. The previous grounds of rejection are maintained.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wissner-Gross et al. (hereafter Wissner-Gross)(US PgPub 2014/0164122).
Regarding claim 1, Wissner-Gross discloses a method for providing data throughout a location (Figure 1), comprising: activating one or more transmitters positioned at the location to broadcast one or more inaudible tones that are inaudible to humans (Figures 1, 3, Element 70 and Paragraphs 0023-0038 where transponders positioned in the retail environment setting are activated to broadcast inaudible tones that are inaudible to humans); encoding the data in the one or more inaudible tones using a logic engine associated with the location (Paragraphs 0037-0038 and 0041 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like. The distinct retail environment containing the plural transponders includes a computer system that controls the functionality of the transponders); and broadcasting the one or more inaudible tones in combination with or embedded within audible audio content through the one or more transmitters at the location (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the transponders broadcast the inaudible tones throughout the retail environment setting. The transponders emit an audible audio tone which may include a music track and a masked tone (inaudible tone) which is unperceivable by the user but is detected by the smart device of the user).
Regarding claim 2, Wissner-Gross discloses wherein the data includes a website address to an advertisement associated with the location (Paragraphs 0037-0038 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like including websites).
Regarding claim 3, Wissner-Gross discloses wherein the advertisement includes a coupon (Paragraphs 0037-0038 and 0046-0047 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like).
Regarding claim 4, Wissner-Gross discloses wherein one or more wireless devices receive the inaudible tones through a microphone or receiver while preset at the location and within range of the one or more transmitters (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the smart device includes both microphone and signal receiving means for receiving inaudible tones from the transponders).
Regarding claim 5, Wissner-Gross discloses wherein the one or more transmitters are speakers associated with the location (Figure 1, Element 70 and Paragraph 0037 where the transponder includes audio speakers).
Regarding claim 6, Wissner-Gross discloses wherein the one or more wireless devices utilize an application to receive the inaudible tones and associated data through the microphone or receiver (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the smart device receives the inaudible tones, decodes the tones and provides information relative to the tones).
Regarding claim 7, Wissner-Gross discloses receiving information from the user in response to receiving the inaudible tones and associated content (Paragraphs 0037-0038 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like. The user provides feedback to the smart device based on the data).
Regarding claim 8, Wissner-Gross discloses wherein the one or more inaudible tones are broadcast with or within the audible audio content broadcast by the one or more transmitters, and wherein the one or more transmitters are battery powered (Figure 1, Element 70 and Paragraphs 0023-0038 where transponders in the retail environment setting are activated to broadcast inaudible tones that are inaudible to humans. The transponders are battery powered. The transponders emit an audible audio tone which may include a music track and a masked tone which is unperceivable by the user but is detected by the smart device of the user).
Regarding claim 9, Wissner-Gross discloses wherein the one or more inaudible tones are broadcast in response to motion or proximity associated with the location (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the transponders transmit the inaudible tones when the smart device is in close proximity).
Regarding claim 10, Wissner-Gross discloses a system for inaudible tones transmission (Figure 1), comprising: one or more transmitters distributed throughout a defined location broadcasting one or more inaudible tones at the defined location, wherein the one or more inaudible tones are audio tones that are inaudible to humans (Figures 1, 3, Element 70 and Paragraphs 0023-0038 where transponders in the retail environment setting are activated to broadcast inaudible tones that are inaudible to humans), wherein the one or more inaudible tones includes data, and wherein the one or more inaudible tones are broadcast with or within audio content at the defined location (Paragraphs 0037-0038 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like. The inaudible tones are embedded in audio content); and a logic engine configured to encode and managing transmission of the one or more inaudible tones from the transmitter (Figure 1-2 and Paragraphs 0023-0038 and 0041 where the transponders include computer system logic for managing transmission of the inaudible tones).
Regarding claim 11, Wissner-Gross discloses wherein the one or more transmitters includes a plurality of transmitters distributed throughout the defined location (Figure 1, Element 70 and Paragraphs 0023-0038).
Regarding claim 12, Wissner-Gross discloses wherein the one or more inaudible tones broadcast by each of the one or more transmitters are distinct (Figure 1, Element 70 and Paragraphs 0023-0038 where distinct, inaudible tones are transmitted from each of the transponders).
Regarding claim 13, Wissner-Gross discloses wherein the data is encoded in the one or more inaudible tones, and wherein the one or more inaudible tones are embedded in the audio content broadcast by the one or more transmitters (Paragraphs 0037-0038 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like. The inaudible tones are embedded in audio content).
Regarding claim 14, Wissner-Gross discloses wherein at least one of the one or more transmitters is located at an entry to the defined location (Figure 1, Element 70 and Paragraph 0027).
Regarding claim 15, Wissner-Gross discloses wherein the content is an advertisement associated with the defined location (Paragraphs 0037-0038 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like in the retail environment).
Regarding claim 16, Wissner-Gross discloses wherein the advertisement includes a coupon (Paragraphs 0037-0038 and 0046-0047 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like).
Regarding claim 17, Wissner-Gross discloses wherein the one or more inaudible tones are received through a microphone or receiver of one or more wireless devices, the one or more wireless devices utilize an application to determine the content associated with the one or more inaudible tones (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the smart device receives the inaudible tones through a microphone or receiving means, decodes the tones and provides information relative to the tones).
Regarding claim 18, Wissner-Gross discloses wherein the one or more transmitters are battery powered (Figure 1, Element 70 and Paragraphs 0023-0038 where transponders in the retail environment setting are activated to broadcast inaudible tones that are inaudible to humans. The transponders are battery powered).
Regarding claim 19, Wissner-Gross discloses a system for inaudible tones transmission (Figure 1, Element 70), comprising: a battery powering the system (Figure 1, Element 70 and Paragraphs 0023-0038 where transponders in the retail environment setting are activated to broadcast inaudible tones that are inaudible to humans. The transponders are battery powered); one or more transmitters broadcasting one or more inaudible tones at a defined location, wherein the one or more inaudible tones are audio tones that are inaudible to humans (Figure 1, Elements 70, 80 and Paragraphs 0023-0038 where the transponders broadcast the inaudible tones throughout the retail environment setting); and a logic engine encodes data in the one or more inaudible tones and manages transmission of the one or more inaudible tones from the transmitter for the defined location (Figure 1-2 and Paragraphs 0023-0038 and 0041 where the transponders include computer system logic for managing transmission of the encoded inaudible tones).
Regarding claim 20, Wissner-Gross discloses wherein the data includes a website to an advertisement and an associated coupon (Paragraphs 0037-0038 and 0046-0047 where the inaudible tones are encoded with data related to merchandise, products, prices, sales and the like including websites).
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 THOMAS D ALUNKAL whose telephone number is (571)270-1127. The examiner can normally be reached M-F 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS D ALUNKAL/Primary Examiner, Art Unit 2686