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
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) 1-9, 11-15, 17-27, 30-33 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Abramsky et al. (US 2014/0254810).
Referring to Claim 1, Abramsky teaches a system configured to communicate with an in-ear monitor device, the system comprising:
a wireless audio transmitter 230 (fig. 2) configured to transmit a radio frequency signal via a first wireless communication channel associated with a first carrier frequency and via a second wireless communication channel associated with a second carrier frequency different from the first carrier frequency (see paragraph 46 which shows the command for a transmitter to switch to a second channel from a first channel which implies the ability for a device such as an IEM transmitter to transmit in two different channels at two different frequencies as described in paragraph 9); and
a wireless audio receiver communicatively coupled to the in-ear monitor device (see IEM receiver 210 in fig. 2 where it is well known in the art for an IEM receiving device to have an output device such as earphones or a speaker communicatively coupled to the receiver) and configured to:
receive the radio frequency signal transmitted by the wireless audio transmitter (see 280 of fig. 2 which shows the signal from IEM TX to RX);
tune to the first wireless communication channel associated with the first carrier frequency to receive the radio frequency signal (see paragraph 67 which shows the IEM receiver tuning to a channel it has been assigned to); and
based on a determination that a communication channel condition for the first wireless communication channel satisfies a communication channel condition threshold (see paragraph 138 which shows signal quality falling below a threshold), tune to the second wireless communication channel associated with the second carrier frequency to receive the radio frequency signal (see paragraph 46 which shows the command for a transmitter to switch to a second channel and paragraph 68 which shows the IEM receiver changing to a second channel).
Referring to Claim 21, Abramsky teaches a wireless audio receiver apparatus configured to communicate with an in-ear monitor device (see IEM receiver 210 in fig. 2 where it is well known in the art for an IEM receiving device to have an output device such as earphones or a speaker communicatively coupled to the receiver), the wireless audio receiver apparatus comprising one or more processors and a memory storing instructions that, when executed by the one or more processors, are configured to cause the wireless audio receiver apparatus to:
receive a radio frequency signal transmitted by a wireless audio transmitter via a first wireless communication channel associated with a first carrier frequency and a second wireless communication channel associated with a second carrier frequency different from the first carrier frequency (see paragraph 46 which shows the command for a transmitter to switch to a second channel from a first channel which implies the ability for a device such as an IEM transmitter to transmit in two different channels at two different frequencies as described in paragraph 9);
tune to the first wireless communication channel associated with the first carrier frequency to receive the radio frequency signal (see paragraph 67 which shows the IEM receiver tuning to a channel it has been assigned to); and
based on a determination that a communication channel condition for the first wireless communication channel satisfies a communication channel condition threshold (see paragraph 138 which shows signal quality falling below a threshold), tune to the second wireless communication channel associated with the second carrier frequency to receive the radio frequency signal (see paragraph 46 which shows the command for a transmitter to switch to a second channel and paragraph 68 which shows the IEM receiver changing to a second channel).
Referring to Claim 31, Abramsky teaches a wireless audio transmitter apparatus 230 (fig. 2) comprising one or more processors and a memory storing instructions that, when executed to the one or more processors, are configured to cause the wireless audio transmitter apparatus to:
transmit a radio frequency signal via a first wireless communication channel associated with a first carrier frequency and via a second wireless communication channel associated with a second carrier frequency different from the first carrier frequency (see paragraph 46 which shows the command for a transmitter to switch to a second channel from a first channel which implies the ability for a device such as an IEM transmitter to transmit in two different channels at two different frequencies as described in paragraph 9).
Referring to Claims 2 and 32, Abramsky also teaches receive, from the wireless audio receiver, tuning update data after the wireless audio receiver has tuned to the second wireless communication channel associated with the second carrier frequency (see paragraph 70 which shows the IEM RX able to transmit signals by way of transceiver 212 where the IEM TX 230 in fig. 2 also has a transceiver 232 enabling the TX to receive signals where a signal sent from RX to TX is implied to be an updated signal since it is known to both the RX and TX which communication channel is being used).
Referring to Claims 3 and 33, Abramsky also teaches communication channel condition data related to tuning of the wireless audio receiver from the first wireless communication channel to the second wireless communication channel (see paragraph 74 which shows a report transmitted from the IEM RX which includes the communication channel).
Referring to Claim 4, Abramsky also teaches a wireless communication channel identifier associated with the second wireless communication channel (see paragraph 111 which shows identifying of an audio channel).
Referring to Claims 5 and 22, Abramsky also teaches outputting, to the in-ear monitor device, an audio signal associated with the radio frequency signal (see paragraph 41 which shows audio signals output to a speaker noting that it is well known in the art for an IEM receiving device to have an output device such as earphones or a speaker communicatively coupled to the receiver).
Referring to Claims 6 and 24, Abramsky also teaches tune to the second wireless communication channel based on a determination that an interference condition for the first wireless communication channel satisfies an interference condition threshold (see paragraphs 14 and 15 which shows interference calculation resulting in change to a second channel and paragraph 88 which uses calculations according to a threshold).
Referring to Claims 7 and 25, Abramsky also teaches tuning to the second wireless communication channel based on a signal degradation condition associated with the first wireless communication channel (see paragraph 138 which shows signal quality falling below a threshold and paragraph 68 which shows the IEM receiver changing to a second channel).
Referring to Claims 8 and 26, Abramsky also teaches tuning to the second wireless communication channel based on a non-interference dependent condition associated with the first wireless communication channel (see paragraph 15 which shows corrective action based on proximity data which is not dependent on interference and paragraph 68 which shows the IEM receiver changing to a second channel).
Referring to Claims 9 and 27, Abramsky also teaches tuning to the second wireless communication channel based on the communication channel condition threshold satisfying the communication channel condition threshold for a certain interval of time (see paragraph 138 which shows signal quality falling below a threshold where a certain interval of time includes any time above zero).
Referring to Claims 11 and 30, Abramsky also teaches grouping the wireless audio receiver with one or more other wireless audio receivers based on a wireless audio receiving grouping operation (see IEM RX 210 and MIC RX 130 in the same group in fig. 2), wherein the one or more other wireless audio receivers are configured to independently tune to the first wireless communication channel or the second wireless communication channel to receive the radio frequency signal (see paragraph 39 which shows the MIC RX receiving signals tuned to a communications channel).
Referring to Claims 12, Abramsky also teaches a second wireless audio receiver configured to: receive the radio frequency signal transmitted by the wireless audio transmitter; and tune to the first wireless communication channel associated with the first carrier frequency to receive the radio frequency signal (see paragraph 39 which shows the MIC RX receiving signals from a MIC TX tuned to a communications channel).
Referring to Claims 13, Abramsky also teaches based on a second determination that a second communication channel condition for the first wireless communication channel satisfies a second communication channel condition threshold, tune to the second wireless communication channel associated with the second carrier frequency to receive the radio frequency signal (see paragraph 46 which shows the microphone receiver changing communication channels when interference is present).
Referring to Claims 14, Abramsky also teaches a first wireless audio transmitter configured to transmit the radio frequency signal via the first wireless communication channel associated with the first carrier frequency (see paragraph 39 which shows a first microphone transmitter 110 transmitting at a first channel); and
a second wireless audio transmitter configured to transmit the radio frequency signal via the second wireless communication channel associated with the second carrier frequency different from the first carrier frequency (see paragraph 39 which shows a second microphone transmitter 120 transmitting at a second channel different than the first channel), and wherein the wireless audio receiver is configured to: based on the determination that the communication channel condition for the first wireless communication channel satisfies the communication channel condition threshold, tune to the second wireless communication channel associated with the second carrier frequency to receive the radio frequency signal transmitted by the second wireless audio transmitter (see paragraph 138 which shows signal quality falling below a threshold and paragraph 68 which shows the IEM receiver changing to a second channel).
Referring to Claim 15, Abramsky also teaches wherein the radio frequency signal transmitted via the first wireless communication channel and the second wireless communication channel comprises a corresponding audio payload (see paragraph 46 which shows the receiver changing communication channels to receive data which implies the receiving of audio data over first and second wireless channels and where an IEM is known in the art to receive audio payload).
Referring to Claim 17, Abramsky also teaches wherein the radio frequency signal transmitted via the first wireless communication channel and the second wireless communication channel comprises control information based on the respective first and second wireless communication channel (see paragraph 46 which shows controlling many parameters related to the channels such as power level, bias voltage, bias current, etc.).
Referring to Claim 18, Abramsky also teaches wherein the communication channel condition for the first wireless communication channel is a first communication channel condition, and wherein the determination that the communication channel condition satisfies the communication channel condition threshold is determined relative to a second communication channel condition for the second wireless communication channel (see paragraph 138 which shows signal quality falling below a threshold and paragraph 68 which shows the IEM receiver changing to a second channel where the signal quality is above a threshold).
Referring to Claim 19, Abramsky also teaches comparing a second communication channel condition for the second wireless communication channel to the communication channel condition threshold; and tuning to the second wireless communication channel associated with the second carrier frequency based on a second determination that the second communication channel condition does not satisfy the communication channel condition threshold (see paragraph 138 which shows signal quality falling below a threshold and paragraph 68 which shows the IEM receiver changing to a second channel where the signal quality is above a threshold where the signal quality being above a threshold does not satisfy the condition to switch channels).
Referring to Claim 20, Abramsky also teaches comparing a second communication channel condition for the second wireless communication channel to a communication channel improvement threshold that is different than the communication channel condition threshold; and tuning to the second wireless communication channel associated with the second carrier frequency based on a second determination that the second communication channel condition satisfies the communication channel improvement threshold (paragraph 68 which shows the IEM receiver changing to a second channel where the signal quality is above a threshold where the signal quality being above a threshold does not satisfy the condition to switch channels and therefore, the receiver remains tuned to the second channel).
Referring to Claim 23, Abramsky also teaches based on the determination that the communication channel condition for the first wireless communication channel satisfies the communication channel condition threshold, alter the tuning of an antenna configured for wide-band tuning (see paragraph 55 which shows the configurations including that of a ultra-wide band component).
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) 10, 28, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abramsky in view of Regan (US 2014/0274184).
Referring to Claims 10 and 28, Abramsky does not teach selecting the first wireless communication channel based on a wireless communication channel scan operation. Regan teaches selecting the first wireless communication channel based on a wireless communication channel scan operation (see paragraph 20 which shows wireless devices performing a frequency scan to find a desired channel). 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 Regan to the device of Abramsky in order to more effectively eliminate interference on an IEM device.
Referring to Claim 29, Regan also teaches establishing a connection with the wireless audio transmitter via the first wireless communication channel based on a wireless communication channel scan operation (see paragraph 20 which shows wireless devices performing a frequency scan to find a desired channel for communication with another device). 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 Regan to the device of Abramsky in order to more effectively eliminate interference on an IEM device.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abramsky and Regan and further in view of Kappus et al. (US 2016/0269831).
Referring to Claim 16, the combination of Abramsky and Regan does not teach wherein the radio frequency signal comprises encoded information within a sideband portion of the radio frequency signal that corresponds to the audio payload. Kappus teaches wherein the radio frequency signal comprises encoded information within a sideband portion of the radio frequency signal that corresponds to the audio payload (see paragraph 31 which shows carrier mixed with sideband to demodulate and produce audio data). 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 Kappus to the modified device of Abramsky and Regan in order to better improve signal quality output on an IEM device.
Allowable Subject Matter
Claims 34-36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 34, Abramsky, Regan and Kappus do not teach, alone nor in combination, wherein the second wireless communication channel is among a plurality of wireless communication channels respectively associated with different carrier frequencies, and wherein the instructions, when executed by the one or more processors, are further configured to cause the wireless audio transmitter apparatus to:
receive, from a first wireless audio receiver apparatus, first tuning update data indicating that the first wireless audio receiver apparatus has tuned from the first wireless communication channel to a third wireless communication channel of the plurality of wireless communication channels; and
receive, from a second wireless audio receiver apparatus, second tuning update data indicating that the second wireless audio receiver apparatus has tuned from the first wireless communication channel to a fourth wireless communication channel of the plurality of wireless communication channels, wherein the fourth wireless communication channel is associated with a carrier frequency different from the third wireless communication channel.
Claims 35 and 36 depend on claim 34.
Conclusion
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/EUGENE YUN/ Primary Examiner, Art Unit 2648
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