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 § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozawa JP 2009-13745 (Ozawa, cited in the IDS) in view of Wang US 2006/0179313 (Wang).
Regarding claim 1, Ozawa teaches a method performed by a radio receiver (see Fig.1), comprising: receiving digital radio broadcast (DRB) signals on respective frequency channels (note [0004] wherein IBOC or DRB receiver of Fig.1 receiving signals or “digital radio broadcasting” signals on frequency channels, [0026]); receiving a tune command to tune to a particular DRB signal among the DRB signals (note [0027], [0040] wherein user operation selects desired channel or tune to a particular DRB signal); and upon determining that the particular DRB signal is an all-digital signal based on the list ([0044] upon all-digital format signal is determined): playing muted audio ([0041], [0048] where the audio signal is muted); while playing muted audio, tuning to the particular DRB signal based on the tune command and performing digital signal acquisition of the particular DRB signal ([0048-0050] decoding of the DRB signal); and when the digital signal acquisition is complete, performing digital demodulation of the particular DRB signal to recover digital audio, and switching from playing muted audio to playing digital audio ([0049] when completed, “the digital radio broadcast is reproduced from the speaker 13, which had been silent until then”).
Although Ozawa teaches primary service mode information (note [0044]) that determines whether the list of channels is using an all-digital format, Ozawa does not explicitly teach acquiring a list that identifies which of the DRB signals are all-digital signals. Wang teaches acquiring a list that identifies which of the DRB signals are all-digital signals (note Tables 3 and 4, wherein Primary Service Modes are listed of using ALL Digital MP5-MP7, and further note [0030] PDS, SIS, and AAS, and “control and identification information”). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to incorporate the teaching of Wang into the system of Ozawa of providing the list of channels that is using an all-digital format for the purpose of providing ample flexibility to the broadcaster (note [0053] of Wang).
Regarding claim 3, Wang further teaches wherein acquiring the list includes: establishing a wireless network connection to a data service (DAB service, note [0078], MPS and PDS service, note [0030] that is established through wireless network connection via antenna 912 in Fig.9 and the receiver 910); receiving, from the data service, data packets that include the list over the wireless network connection (data or data packets from out output of the A/D converter 914 would further carry the MPS and PDS service carrying MP5-MP7, note [0030]); and recovering the list from the data packets (note Tables 3 and 4, wherein Primary Service Modes are listed of using ALL Digital MP5-MP7, note [0030] wherein PDS, SIS, and AAS, and “control and identification information” is acquired).
Regarding claim 4, Wang further teaches wherein acquiring the list includes: scanning the DRB signals to recover service modes of the DRB signals that are indicative of whether the DRB signals are the all-digital signals (Primary Service Modes are listed of using ALL Digital MP5-MP7, note [0030] wherein PDS, SIS, and AAS, and “control and identification information” is acquired); and creating the list from the service modes (Table 4 is created wherein MP5-MP7 is created for all digital). And although Wang does not explicitly teach that the system performs scanning the DRB signals to determine the different services, Wang clearly shows different service modes as shown in Table 4. This would involve going through each of the subcarrier frequencies (as shown in Table 3). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to performing the function of scanning in order to properly retrieve all-digital signals as the signals are spread out in different subcarrier frequencies in order to properly perform the function of receiving audio signals.
Regarding claim 5, Wang further teaches wherein acquiring the list includes: generating the list (see Table 4), over time, as a history of all-digital DRB signals to which the radio receiver has tuned and acquired digitally (wherein the history is interpreted to mean a record as described in the specification of the instant application in paragraph 0040, Wang teaches record of the list of all digital MP5-MP7 in Table 4 that has been tuned and acquired digitally through the receiver in Fig.9).
Regarding claim 6, Ozawa further teaches comprising, upon determining that the particular DRB signal is not an all-digital signal (note paragraph 0007, hybrid format): tuning to the particular DRB signal, performing analog demodulation of the particular DRB signal to recover analog audio from an analog signal of the particular DRB signal, playing the analog audio (note paragraph 0007 of playing the analog radio broadcast, wherein one skilled in the art would further recognize that in order to play the analog audio, it would involve demodulation of the DRB signal of the analog signal and then playing the analog audio), and performing the digital signal acquisition on the particular DRB signal (decode the digital radio broadcast signal, note paragraph 0007); and when the digital signal acquisition is complete, performing the digital demodulation of the particular DRB signal to recover digital audio, and switching from playing the analog audio to playing digital audio (switch to digital radio broadcast playback when decoding is completed, note paragraph 0007).
Regarding claim 7, Ozawa further teaches wherein the particular DRB signal is a hybrid signal (hybrid format, note paragraph 0007).
Regarding claim 8, Ozawa further teaches wherein the hybrid signal is an in-band on-channel (IBOC) radio broadcast signal that includes digitally modulated carriers and an analog carrier (note paragraph 0001-0005, IBOC radio broadcasting and by definition of IBOC, as well, would include digitally modulated carriers and an analog carrier).
Regarding claim 9, Wang further teaches wherein the particular DRB signal is an in-band on-channel (IBOC) radio broadcast signal (note abstract) with no analog carrier (far left and right frequency ranges having only digital sidebands for Primary, see Fig.6).
Regarding claim 10, Wang further teaches wherein the list includes, for each DRB signal, a channel frequency, and an indication of whether each said DRB signal is all-digital (note Tables 3 and 4, wherein Primary Service Modes are listed of using ALL Digital MP5-MP7, note [0030] wherein PDS, SIS, and AAS, and “control and identification information” is acquired).
Claim 11 is rejected as applied to claim 1. Ozawa further teaches digital radio receiver in Fig.1 and a controller (DSP, 9 and controller 15 overall in Fig.1, note paragraph 0023, 0025) performing all of the limitations as explained in the rejection of claim 1.
Claim 12 is rejected as applied to claim 2. Ozawa further teaches the controller (16 in Fig.1) receiving all data received from the signal received. 12. Ozawa further teaches providing the list to the controller (MPS is provided to the microcomputer 15, as it is in charge of overall control of the HD radio, note paragraph 0025).
Claim 13 is rejected as applied to claim 3.
Claim 14 is rejected as applied to claim 4.
Claim 15 is rejected as applied to claim 6.
Claim 16 is rejected as applied to claim 8.
Regarding claim 18, Wang further teaches wherein the particular radio broadcast signal is an in-band on- channel (IBOC) radio broadcast signal with no analog carrier (see Fig.8 wherein all sideband carriers are digital carriers with no analog carrier).
Claim 19 is rejected as applied to claim 1 wherein Wang further teaches a non-transitory computer readable medium encoded with instructions that, when executed by a processor of a digital radio receiver (note paragraph 0078, microcomputer, DSP and any combination of chips that would include medium stored with instructions for the processors the perform the functions recited in the claim).
Claim 20 is rejected as applied to claim 18.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ozawa JP 2009-13745 (Ozawa, cited in the IDS) in view of Wang US 2006/0179313 (Wang) and Toporski et al. US 2004/0192191.
Regarding claim 2, Ozawa in view of Wang teaches all as applied to claim 1. Wang further teaches wherein one of the DRB signals includes data that conveys the list and acquiring the list includes recovering the list (note Tables 3 and 4, wherein Primary Service Modes are listed of using ALL Digital MP5-MP7, note [0030] wherein PDS, SIS, and AAS, and “control and identification information” is acquired). However, Ozawa in view of Wang do not explicitly teach wherein one of the DRB signals includes data that conveys the list and acquiring the list includes recovering the list from the one of the DRB signals.
Toporski teaches in a similar field of endeavor of receiving DRB signals (via receiver in Fig.2) wherein one of the DRB signals includes data that conveys the list and acquiring the list includes recovering the list from the one of the DRB signals (see Fig.4 and note [0027] wherein a list is provided that includes all digital signals with a program event number (PEN), a program event type (PET), a program event duration (PED), an event remaining time (ERT), and program data that is shown as program-associated data (PAD)). Toporski further teaches wherein the information of the list can be stored into a memory (note [0027]) wherein one of ordinary skilled in the art would further recognize the advantage that data stored in a memory can be retrieved at any time and would also allow the receiver to display data in a screen of the receiver (see 73, 74 in Fig.7). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to incorporate the teaching of Toporski in the system of Ozawa in view of Wang for the advantage mentioned above.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ozawa JP 2009-13745 (Ozawa, cited in the IDS) in view of Wang US 2006/0179313 (Wang) and Marko USP 11,671,191.
Regarding claim 17, Ozawa in view of Wang teach a demodulator (916a in Fig.9 of Wang), as applied to claim 15, however, do not further teach wherein the digital radio receiver includes a digital radio demodulator and an analog demodulator. Marko teaches in a similar field of endeavor (IOB DAB receiver 200 in Fig.3) wherein the digital radio receiver includes a digital radio demodulator (216) and an analog demodulator (212). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to incorporate teaching of Marko into the system of Ozawa and Wang of having separate demodulators for analog and digital in order to effectively extract and demodulate corresponding signals properly using separate demodulators for analog signal and for digital signal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Linden US 6,622,007 teaches a DRB receiver receiving a list of programs via DRB signals.
Schmid WO 2016/161517 teaches a HD radio system receiving IBOC signals wherein the receiver provides a channel list.
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/SAM K AHN/Supervisory Patent Examiner, Art Unit 2633