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 .
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.
Response to Preliminary Amendment
This action is responsive to a preliminary amendment filed 14 September 2023. Claims 1-13 are pending in the application.
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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heitmann (EP 1 191 711 A2) see attached machine translation.
Regarding claim 1 Heitmann discloses a method for synchronizing timing clocks in wireless communication between a first wireless device being a timing master
- measuring by the first wireless device a phase offset between its internal clock and a reference clock ([0007] disclosing the base stations are synchronized to a clock provided by the higher layer switching system (i.e. a reference clock); Fig. 1, VST2, BS 2.3; [0023] switching system part VST2; [0024] VST2 and BS 2.3 seen as a wireless device; Fig. 1, the number 3 placed in a circle, [0014], [0016] and [0024] disclosing the base station measures the phase difference between its radio frame and the radio frame of the other base station serving as a “reference clock supplying” interface),
- transmitting by the first wireless device data indicative of said measured phase offset to the second wireless device (Fig. 1, VST1, BS 1.3 seen as the second wireless device; [0025] disclosing base station 2.3 transmits the measured value to VST1 for phase adjustment of the associated base stations),
- receiving by the second wireless device said data indicative of said measured phase offset from the first wireless device (Fig. 1, VST1, BS 1.3 seen as the second wireless device; [0025] disclosing base station 2.3 transmits the measured value to VST1 for phase adjustment of the associated base stations),
- measuring by the second wireless device a phase offset between its internal clock and the reference clock (Fig. 1, VST1, BS 1.3 seen as the second wireless device; [0014], [0016] and [0024] while this disclosure is with respect to measuring by BS 2.3, it is implicit in the disclosure that the measurements of phase offset can be performed by BS 2.3 serving as the “reference clock supplying” interface), and
- adjusting by the second wireless device the phase offset between its internal clock and the reference clock in response to said data indicative of said measured phase offset from the first wireless device ([0025] disclosing phase adjustment information provided to the base station by the associated switching device; [0027] disclosing the phase difference is provided to VST1 specifically to the VST1; [0009] disclosing “a constant phase offset must be determined and adjusted, which requires a high system frequency agreement between the switching system components), so as to ensure that the second wireless device provides the same phase offset between its internal clock and the reference clock as the phase offset between the internal clock of the first wireless device and the reference clock (The broadest reasonable interpretation of this feature is the intended result of the steps recited in the method and is not considered a limitation of the invention because one of ordinary skill in the art of synchronization would understand that the steps already recited in the claim operates to achieve the intended result; further attention is called to [0009] disclosing “a constant phase offset must be determined and adjusted, which requires a high system frequency agreement between the switching system components).
Regarding claim 2, Heitmann appears to disclose the method according to claim 1, wherein the first and second wireless devices are arranged to communicate according to an IEEE 1588 compatible protocol (Fig. 1 LAN [0024], [0026] disclosing the switching system parts are connected via a LAN which appears to be an IEEE 1588 compatible protocol).
Regarding claim 3, Heitmann appears to disclose the method according to claim 1, wherein the first and second wireless devices are arranged for wireless communication according to a DECT compatible protocol ([0011]).
Regarding claim 4, Heitmann appears to disclose the method according to claim 1, wherein the reference clock is a common reference clock for both of the first and second wireless devices via a network connection, such as an Ethernet network connection (Fig. 1 LAN [0024], [0026] would imply an Ethernet and the like).
Regarding claim 5, Heitmann appears to disclose the method according to claim 4, wherein the common reference clock is external to the first and second wireless devices and providing a common reference clock signal to both of the first and second wireless devices via a network connection ([0007] disclosing the base stations are synchronized to a clock provided by the higher layer switching system (i.e. a reference clock)), such as an Ethernet network connection (Fig. 1 LAN [0024], [0026] would imply an Ethernet and the like).
Regarding claim 6, Heitmann appears to disclose a wireless device comprising
- at least one RF transmitter and receiver circuit connected to an antenna, and
- an internal clock , and
wherein the wireless RF device is configured to operate as the first or second wireless device according to the method according to claim 1 (Fig. 1, VST2, BS 2.3 and citations with respect to claim 1 above).
Regarding claim 7, Heitmann appears to disclose the wireless device according to claim 6, wherein the wireless device is configured to switch between operating as the first wireless device and operating as the second wireless device (Fig. 1, VST1, BS 1.3 seen as the second wireless device; [0014], [0016] and [0024] while this disclosure is with respect to measuring by BS 2.3, it is implicit in the disclosure that the measurements of phase offset can be performed by BS 2.3 serving as the “reference clock supplying” interface).
Regarding claim 8, Heitmann appears to disclose the wireless device according to claim 6, being configured to communicate according to a DECT based protocol ([0011]).
Regarding claim 9, Heitmann appears to disclose the wireless device according to claim 8, being configured for one-way or two-way audio communication, such as configured for audio communication ([0002] DECT disclosed as mobile telecommunications; [0003] such as cordless telephones; [0004] cordless PBX exchanges; [0004]-[0005] disclosing communications via seamless handover; all of these features disclose one-way and two-way audio communication between the user and the base stations via messages conveyed over the disclosed LAN) according to an IEEE 1588 compatible protocol (Fig. 1 LAN [0024], [0026] disclosing the switching system parts are connected via a LAN which would imply an Ethernet and the LAN appears to be an IEEE 1588 compatible protocol).
Regarding claim 10, Heitmann appears to disclose the wireless device according to claim 9, being configured for audio communication according to the IEEE 1588 compatible protocol over an Ethernet based network (Fig. 1 LAN [0024], [0026] disclosing the switching system parts are connected via a LAN which would imply an Ethernet and the LAN appears to be an IEEE 1588 compatible protocol).
Regarding claim 11, Heitmann appears to disclose the wireless device according to claim 6, being one of: a live performance base station, a wireless microphone, a wireless headset, a wireless intercom device, a teleconference device, a wireless audio monitor, and a virtual reality device (Fig. 1 Base station BS 2.3).
Regarding claim 12, Heitmann appears to disclose a system comprising at plurality of wireless devices according to claim 6 (Fig. 1).
Regarding claim 13, Heitmann appears to disclose the system according to claim 12, wherein the system is one of: a wireless headset, a wireless mouse, a wireless gaming controller, a wireless keyboard, a wireless microphone, a wireless loudspeaker, a wireless intercom system, a video system, and a Virtual Reality system (Fig. 1 Base station BS 2.3).
Response to Arguments
Claim Rejections - 35 USC § 102
Applicant's arguments filed 10 December 2025 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant has asserted the prior art reference of record does not describe, “that two wireless devices measure phase offset between their internal clock and a reference clock (network clock) and compensate a phase difference accordingly, as defined by the five steps defined by claim 1.” Such assertions which encompass a general assertion of contradiction to examiner’s findings do not effectively shift the burden to examiner and are not persuasive.
As far as the arguments with respect to “modifying the disclosure of Heitmann are not directed towards the finding of facts set forth in the grounds of rejection under 35 U.S.C. 102 and appear to be an argument against an obviousness type rejection under 35 U.S.C. 103 which is not a grounds of rejection set forth in the previous office action with respect to claim 1. Accordingly, these arguments have no merit with respect to the anticipation rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Andreas et al. “Precision Clock Synchronization the Standard IEEE 1588”, White Paper, Rev 1.2, Hirschman Automation and Control GmbH, Neckartenzlingen, Germany disclosing techniques for synchronizing switching devices in a LAN to a reference clock with the IEEE 1588 protocol (i.e. LAN as an IEEE 1588 compatible protocol) ; Haddad et al. (US Patent No. 10,404,447 B1) providing reference to a date as to when Andreas et al. is available as prior art.
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 Joseph A Bednash whose telephone number is (571)270-7500. The examiner can normally be reached 7 AM - 4:30 PM M-F.
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/JOSEPH A BEDNASH/Primary Examiner, Art Unit 2461