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 Amendment
1. The amendment filed November 05, 2025 has been entered. Claims 1, 3-19 are pending in the application. Claim 2 has been canceled.
Terminal Disclaimer
2. The terminal disclaimer filed on November 05, 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of United States Patent Application No. 18/170,648 has been reviewed and is NOT accepted.
The terminal disclaimer does not comply with 37 CFR 1.321 because:
The applicant cited on the Terminal Disclaimer should be cited exactly as cited on the Application Data Sheet form in its entirety. Please resubmit the Terminal Disclaimer.
Claim Rejections - 35 USC § 103
3. 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 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.
4. Claim(s) 1 and 5-19 are rejected under 35 U.S.C. 103 as being unpatentable over Daniel (U.S. Pub. No. 2010/0080390 A1) in view of Nobuta (U.S. Pat. No. 4536739 A).
Regarding Claim 1, Daniel teaches a system for remotely communicating sports instructions (a system 100 for distributing game play instructions 102 to at least one player, Fig. 1, Para. [0031]), comprising:
a transmitter (PRT 114, Para. [0034]) including:
a transmitter unit configured to transmit wireless signals (PRT 114 is configured to transmit wireless signal, Paras. [0022] and [0034]),
a first microcontroller coupled to the transmitter unit, the first microcontroller configured to provide the transmitter unit with a selection signal to wirelessly transmit (PRT 114 may include a cellular phone, computer, laptop or pda. The PRT is also provided with application program and storage which stores selection signal as codes. The PRT will also have a processor [first microcontroller] which will be coupled to the transceiver of the PRT to provide the selection signal to wirelessly transmit, Paras. [0022] and [0034]), and
a voice recognition device coupled to the transmitter unit (the PRT includes speech recognition means 124, Paras. [0018] and [0035]), the voice recognition device recognizing voice commands spoken by a user (speech recognition means 124 recognizes voice commands by user, Paras. [0018] and [0035]), wherein the first microcontroller is configured to provide the transmitter unit with the selection signal to wirelessly transmit in accordance with a voice command spoken by the user, the selection signal corresponding to a sports instruction (game play instruction received as voice command is converted to digital data format for transmission by the PRT 114, Paras. [0018], [0035]), the selection signal not including audio content associated with the voice commands spoken by the user (the converted game play instruction into digital data format will not include the audio content associated with the voice commands, Paras. [0018] and [0035]); and
an audio receiver (headgear 104 equipped with game apparatus 106, Fig. 1, Paras. [0021], [0022] and [0033]) including:
a first receiving unit configured to wirelessly receive the selection signal (headgear 104 equipped with game apparatus 106 has a transceiver 110 for receiving the selected codes [selection signal] transmitted from PRT 114, Paras. [0033] and [0034]),
an audio reproduction transducer configured to audibly reproduce the plurality of audio instructions in accordance with the selection signal (headgear 104 may include the speaker for airing the received digital audio signal containing the game play instruction, Para. [0033]; see also Para. [0021]).
Daniel fails to explicitly teach a first memory configured to contain a plurality of stored audio instructions, and
an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions in accordance with the selection signal.
However, Nobuta teaches a first memory configured to contain a plurality of stored audio instructions (receiver 3 has memory 38 stores audio instructions, Fig. 5, Col. 6, Lns. 22-64, Col. 8, Lns. 5-34);
an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions in accordance with the selection signal (speaker 41 audibly reproduces the audio instructions stored in the memory 38, Fig. 5, Col. 6, Lns. 22-64, Col. 8, Lns. 5-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sport instruction communication system (as taught by Daniel) to include receiver memory storing audio instructions and reproducing the audio instructions using a transducer (as taught by Nobuta). Doing so the instructing information cannot be known and the secrecy can be preserved (Nobuta Col. 2, Lns. 9-22).
Regarding Claim 5, Daniel in view of Nobuta teach wherein the selection signal corresponds to a sports instruction selected from among a plurality of sports instructions (Nobuta, the selection signal is selected from among multiple sports instructions, Figs. 1 and 2, Col. 3, Ln. 66 thru Col. 4, Ln. 40), and wherein each sports instruction of the plurality of sports instructions is associated with a respective stored audio instruction of the plurality of stored audio instructions stored in the first memory of the audio receiver (Nobuta, each sports instruction is associated with a stored audio instruction of multiple audio instructions stored in the memory of the audio receiver 3, Figs. 1 and 2, Col. 3, Ln. 66 thru Col. 4, Ln. 40).
Regarding Claim 6, Daniel in view of Nobuta teach wherein the transmitter unit is configured to encode the selection signal into an encoded selection signal to wirelessly transmitting the encoded selection signal (Nobuta, transmitter 1 encodes the selection signal using encoder 15 and wirelessly transmits the encoded signal through antenna 11, Fig. 5, Col. 5, Lns. 28-46).
Regarding Claim 7, Daniel in view of Nobuta teach the audio receiver is configured to decode the selection signal upon receiving the selection signal (Nobuta, receiver 3 is configured to decode the selection signal upon receiving the selection signal using decoder 35, Fig. 5, Col. 6, Lns. 22-64).
Regarding Claim 8, Daniel in view of Nobuta teach wherein the selection signal corresponds to a memory location in the first memory at which a stored audio instruction corresponding to the selection signal is stored (Nobuta, each sports instruction is associated with a stored audio instruction of multiple audio instructions stored in the memory of the audio receiver 3, Figs. 1 and 2, Col. 3, Ln. 66 thru Col. 4, Ln. 40).
Regarding Claim 9, Daniel in view of Nobuta teach wherein the encoded selection signal comprises a numerical value corresponding to the memory location in the first memory (Nobuta, the encoded selection signal comprises a numerical value corresponding to the memory location in the memory of the receiver 3, Col. 5, Lns. 28-46).
Regarding Claim 10, Daniel in view of Nobuta teach wherein the transmitter is tablet computing device (Daniel, PRT 114 may include a cellular phone, computer, laptop or pda [tablet], Para. [0034]).
Regarding Claim 11, Daniel in view of Nobuta teach wherein the transmitter is a smartphone (Daniel, PRT 114 may include a cellular phone, computer, laptop or pda, Para. [0034]).
Regarding Claim 12, Daniel teaches a method for remotely communicating sports instructions (method 200 for communicating game play instructions, Fig. 2, Para. [0031]), comprising:
receiving, at a voice recognition device of a transmitter, a voice command spoken by a user (the PRT includes speech recognition means 124, Paras. [0018] and [0035]);
analyzing, with the voice recognition device, the voice command spoken by the user to identify the voice command spoken by the user (speech recognition means 124 recognizes voice commands by user, Paras. [0018] and [0035]);
providing, with a first microcontroller of the transmitter, a selection signal corresponding to a voice command identified by the voice recognition device to a transmitter unit of the transmitter (PRT 114 may include a cellular phone, computer, laptop or pda. The PRT is also provided with application program and storage which stores selection signal as codes. The PRT will also have a processor [first microcontroller] which will be coupled to the transceiver of the PRT to provide the selection signal corresponding to a voice command identified by the voice recognition means 124, Paras. [0022], [0034] and [0035]), the selection signal corresponding to a sports instruction (game play instruction received as voice command is converted to digital data format for transmission by the PRT 114, Paras. [0018], [0035]), the selection signal not including audio content of the voice command spoken by the user (the converted game play instruction into digital data format will not include the audio content associated with the voice commands, Paras. [0018] and [0035]);
wirelessly transmitting the selection signal using the transmitter unit (The PRT will also have a processor [first microcontroller] which will be coupled to the transceiver of the PRT to provide the selection signal to wirelessly transmit, Paras. [0022] and [0034]);
wirelessly receiving, at a receiving unit of an audio receiver, the selection signal transmitted by the transmitter (headgear 104 equipped with game apparatus 106 has a transceiver 110 for receiving the selected codes [selection signal] transmitted from PRT 114, Paras. [0033] and [0034]).
Daniels fails to explicitly teach selecting a respective audio instruction corresponding to the selection signal from among a plurality of audio instructions stored in a memory of the audio receiver; and
audibly reproducing the respective audio instruction using an audio reproduction transducer.
However, Nobuta teaches selecting a respective audio instruction corresponding to the selection signal from among a plurality of audio instructions stored in a memory of the audio receiver (audio receiver 3 selects audio instruction corresponding to the selection signal from multiple audio instructions stored in memory of receiver 3, Fig. 5, Col. 6, Lns. 22-64); and
audibly reproducing the respective audio instruction using an audio reproduction transducer (speaker 41 audibly reproduces the audio instructions stored in the memory 38, Fig. 5, Col. 6, Lns. 22-64, Col. 8, Lns. 5-34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sport instruction communication method (as taught by Daniel) to include selection of audio instruction stored in a memory of receiver and reproducing the audio instructions using a transducer (as taught by Nobuta). Doing so the instructing information cannot be known and the secrecy can be preserved (Nobuta Col. 2, Lns. 9-22).
Regarding Claim 13, it is similarly rejected as Claim 5. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 14, it is similarly rejected as Claim 6. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 15, it is similarly rejected as Claim 7. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 16, it is similarly rejected as Claim 8. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 17, it is similarly rejected as Claim 9. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 18, it is similarly rejected as Claim 10. The method is found in Daniel (Fig. 2, Para. [0031]).
Regarding Claim 19, it is similarly rejected as Claim 11. The method is found in Daniel (Fig. 2, Para. [0031]).
5. Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Daniel (U.S. Pub. No. 2010/0080390 A1) in view of Farudi et al. (U.S. Pub. No. 2018/0345149 A1, hereinafter "Farudi"), and further in view of Nobuta (U.S. Pat. No. 4536739 A).
Regarding Claim 3, Daniel teaches a system for remotely communicating sports instructions (a system 100 for distributing game play instructions 102 to at least one player, Fig. 1, Para. [0031]), comprising:
a transmitter (PRT 114, Para. [0034]) including:
a transmitter unit configured to transmit wireless signals via a cellular network (PRT 114 is used to transmit and/or receive wireless communications. The PRT 114 may include a cellular phone which can use a cellular network for wireless transmission, Para. [0034]),
a first microcontroller coupled to the transmitter unit, the first microcontroller configured to provide the transmitter unit with a selection signal to wirelessly transmit (PRT 114 may include a cellular phone, computer, laptop or pda. The PRT is also provided with application program and storage which stores selection signal as codes. The PRT will also have a processor [first microcontroller] which will be coupled to the transceiver of the PRT to provide the selection signal to wirelessly transmit, Paras. [0022] and [0034]), and
a display screen with plurality of user actuatable input elements coupled to the transmitter unit, the plurality of user actuatable input elements respectively corresponding to different sports instructions (the PRT 114 may display the game play instructions 102, 102' (step 204) from which a coach (and/or another player) may select the intended game play instruction 102, Para. [0036]), wherein the first microcontroller is configured to provide the transmitter unit with the selection signal to wirelessly transmit in accordance with actuation of the plurality of user actuatable input elements, the selection signal corresponding to a sports instruction (the PRT 114 receives the select game play instruction 102 (step 206). PRT 114 then transmits in real-time the game play instruction 102, 102' (step 210) intended to be executed on the field during the game, to the transceiver 110 of a receiving game apparatus 106, Para. [0036]).
Daniel fails to explicitly teach a network server configured to receive the selection signal via the cellular network and to transmit an audio file providing an audible version of the sports instruction to an audio receiver configured to audibly reproduce the audio file.
However, Farudi teaches a network server configured to receive the selection signal via the cellular network (network server 400 is configured to receive selection signal via cellular network 480, Fig. 4, Para. [0079]-[0083]) and to transmit the sports instruction (network server 400 also transmits play call decision 454, Fig. 4, Paras. [0079]-[0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sport instruction communication system (as taught by Daniel) to include network server receiving selection signal via cellular network (as taught by Farudi). Doing so game plays can be quickly and efficiently selected (Farudi, Para. [0071]).
However, Nobuta teaches to transmit an audio file providing an audible version of the sports instruction to an audio receiver configured to audibly reproduce the audio file (audio file providing audible version of sports instruction is transmitted to an audio receiver 3, Col. 6, Lns. 22-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sport instruction communication system (as taught by Daniel in view of Farudi) to include transmitting audible version of sports instruction to an audio receiver (as taught by Nobuta). Doing so the instructing information cannot be known and the secrecy can be preserved (Nobuta Col. 2, Lns. 9-22).
6. Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Daniel (U.S. Pub. No. 2010/0080390 A1) in view of Farudi et al. (U.S. Pub. No. 2018/0345149 A1, hereinafter "Farudi"), and further in view of Millington et al. (U.S. Pub. No. 2021/0006474 A1, hereinafter "Millington").
Regarding Claim 4, Daniel teaches a system for remotely communicating sports instructions (a system 100 for distributing game play instructions 102 to at least one player, Fig. 1, Para. [0031]), comprising:
a transmitter (PRT 114, Para. [0034]) including:
a transmitter unit configured to transmit wireless signals via a cellular network (PRT 114 is used to transmit and/or receive wireless communications. The PRT 114 may include a cellular phone which can use a cellular network for wireless transmission, Para. [0034]), and
a first microcontroller coupled to the transmitter unit, the first microcontroller configured to provide the transmitter unit with a selection signal to wirelessly transmit (PRT 114 may include a cellular phone, computer, laptop or pda. The PRT is also provided with application program and storage which stores selection signal as codes. The PRT will also have a processor [first microcontroller] which will be coupled to the transceiver of the PRT to provide the selection signal to wirelessly transmit, Paras. [0022] and [0034]).
Daniel fails to explicitly teach a receiver configured to receive wireless signals via the cellular network, including:
a receiving unit configured to wirelessly receive the selection signal via the cellular network, the receiving unit further configured to wirelessly retrieve an audio file from a central storage location via a secure connection in response to the selection signal, and
an audible reproduction circuit configured to audibly reproduce the retrieved audio file.
However, Farudi teaches a receiver configured to receive wireless signals via the cellular network (receivers 190 are configured to receive wireless signals via cellular network 480 of computer system 400 used to implement system 100, Figs. 1 and 4, Paras. [0079]-[0083]), including:
a receiving unit configured to wirelessly receive the selection signal via the cellular network (receivers 190 are configured to receive play call signal 131, 454 via cellular network 480 of computer system 400 used to implement system 100, Figs. 1 and 4, Paras. [0079]-[0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sport instruction communication system (as taught by Daniel) to include the receiving unit to wirelessly receive selection signal via a cellular network (as taught by Farudi). Doing so game plays can be quickly and efficiently selected (Farudi, Para. [0071]).
However, Millington teaches the receiving unit further configured to wirelessly retrieve an audio file from a central storage location via a secure connection in response to the selection signal (playback device [receiving unit] retrieves audio file for playback form an audio source [central storage location] via a secure wireless network, Claim 6, see also Fig. 1, Paras. [0031]-[0034), and
an audible reproduction circuit configured to audibly reproduce the retrieved audio file (the playback device audibly reproduces the retrieved audio file, Claim 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sport instruction communication system (as taught by Daniel in view of Farudi) to include the receiving unit retrieving audio file from a central storage location via a secure connection and audibly reproducing the audio file (as taught by Millington). Doing so minimizes human intervention (Millington, Para. [0015]).
Response to Arguments
7. Applicant's arguments filed November 05, 2025 have been fully considered but they are not persuasive.
Regarding independent Claim 1, Applicant argues (see applicant’s remark pages 7-10), applicant has amended independent claim 1, and Daniel fails to teach or suggest all of the features of claim 1. Daniel fails to teach or suggest at least a transmitter including a "a voice recognition device coupled to the transmitter unit, the voice recognition device recognizing voice commands spoken by a user, wherein the first microcontroller is configured to provide the transmitter unit with the selection signal to wirelessly transmit in accordance a voice command spoken by the user, the selection signal corresponding to a sports instruction, the selection signal not including audio content associated with the voice commands spoken by the user" as recited in amended independent claim 1.
Daniel also fails to teach or suggest an audio receiver including "a first memory configured to contain a plurality of stored audio instructions" and "an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions in accordance with the selection signal" as recited in independent claim 1. Thus, the PRT 114 of Daniel does not transmit a "selection signal corresponding to a sports instruction, the selection signal not including audio content associated with the voice commands spoken by the user" as recited in amended claim 1.
Furthermore, the headgear 104 in Daniel does not include "a first memory configured to contain a plurality of stored audio instructions" and "an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions in accordance with the selection signal" as recited in claim 1. Therefore, Applicant respectfully requests that the rejection of claim 1 under 35 U.S.C. § 102 be withdrawn.
In response to applicant’s argument above, independent Claim 1 has been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Daniel in view of Nobuta.
Daniel teaches a voice recognition device coupled to the transmitter unit (Paras. [0018] and [0035]), the voice recognition device recognizing voice commands spoken by a user (Paras. [0018] and [0035]), wherein the first microcontroller is configured to provide the transmitter unit with the selection signal to wirelessly transmit in accordance with a voice command spoken by the user, the selection signal corresponding to a sports instruction (Paras. [0018], [0035]), the selection signal not including audio content associated with the voice commands spoken by the user (Paras. [0018] and [0035]).
Nobuta teaches a first memory configured to contain a plurality of stored audio instructions (Fig. 5, Col. 6, Lns. 22-64, Col. 8, Lns. 5-34); an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions in accordance with the selection signal (Fig. 5, Col. 6, Lns. 22-64, Col. 8, Lns. 5-34).
The combination of the teachings of Daniel in view of Nobuta renders independent Claim 1 obvious.
The rejection of Claim 1 on new ground of rejection under 35 U.S.C. 103 as being unpatentable over Daniel in view of Nobuta.
The rejection of Claim 1 under 35 U.S.C. 103 as being unpatentable over Daniel in view of Nobuta is maintained.
8. Applicant’s arguments, (see applicant’s remark page 10), filed November 05, 2025, with respect to the rejection(s) of independent claim(s) 3 under 35 U.S.C. 102 as being anticipated by Daniel have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 as being unpatentable over Daniel in view of Farudi, and further in view of Nobuta.
Farudi teaches a network server configured to receive the selection signal via the cellular network (Fig. 4, Para. [0079]-[0083]) and to transmit the sports instruction (Paras. [0079]-[0083]).
Nobuta teaches to transmit an audio file providing an audible version of the sports instruction to an audio receiver configured to audibly reproduce the audio file (Col. 6, Lns. 22-64).
The combination of the teachings of Daniel in view of Farudi, and further in view of Nobuta renders Claim 3 obvious.
The rejection of Claim 3 on new ground of rejection under 35 U.S.C. 103 as being unpatentable over Daniel in view of Farudi, and further in view of Nobuta is maintained.
9. Applicant’s arguments, (see applicant’s remark page 11), filed November 05, 2025, with respect to the rejection(s) of independent claim(s) 4 under 35 U.S.C. 102 as being anticipated by Daniel have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 as being unpatentable over Daniel in view of Farudi, and further in view of Millington.
Farudi teaches a receiver configured to receive wireless signals via the cellular network (Figs. 1 and 4, Paras. [0079]-[0083]), including: a receiving unit configured to wirelessly receive the selection signal via the cellular network (Figs. 1 and 4, Paras. [0079]-[0083]).
Millington teaches the receiving unit further configured to wirelessly retrieve an audio file from a central storage location via a secure connection in response to the selection signal (Claim 6, see also Fig. 1, Paras. [0031]-[0034), and an audible reproduction circuit configured to audibly reproduce the retrieved audio file (Claim 6).
The combination of the teachings of Daniel in view of Farudi, and further in view of Millington renders Claim 3 obvious.
The rejection of Claim 4 on new ground of rejection under 35 U.S.C. 103 as being unpatentable over Daniel in view of Farudi, and further in view of Millington is maintained.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weiler et al. (U.S. Pub. No. 2012/0242669 A1) teaches a system for displaying a play call to participants in an athletic competition. Daniel et al. (U.S. Pub. No. 2010/0077536 A1) teaches a system for transmitting and receiving communications from coaches and players. Bowring (WIPO Pub. No. 2012/019089 A1) teaches a system for enhancing sports gameplay and communication.
11. 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691