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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
1. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (2011/0092187) in view of Kim et al (2015/0341481).
Regarding claim 1. Miller teaches a communication method that includes conversion of SMS data to audio and audio to SMS data to facilitate an interactive communication (abstract – a land-based or mobile phone and methods are provided for receiving inbound communications as either voice or text (e.g. SMS) and then based on the user’s configuration settings, the inbound communication is provided to the user as it was received or is automatically converted into a format that is desired by the user. The phone also takes voice or text (e.g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – the invention relates to the field of land-based and wireless telephone communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text enabling users that have visual disabilities to communicate interactively via SMS (e.g. text) to voice and/or voice to SMS (e.g., text) (0006, 0008, 0010-0011)) wherein the communication method comprises:
providing a phone module, wherein the phone module includes a controller, said controller having electronics to receive, store, transmit and manipulate data, said phone module having an audio input and output module operably coupled thereto (abstract – land-based phone (e.g., phone module), 0010 – land-based phone, 0032 – the term “phone”, “telephone”, and “telephony device” can refer to a wide variety of land-based telephones (e.g., phone module) and/or mobile, wireless telephones, figure 1, 0035 – depicts a conventional telephony (e.g., phone module) includes controller 16 having electronics to receive, store, transmit and manipulate data and speaker 26 used for audio output and MIC 30 for audio input);
publishing a software application, said software application published in a manner to be downloaded to a smartphone for use thereof (0039-0040 – service provider and/or third party enables for downloading software application to the mobile phone (e.g, smartphone), 0086 – By the service provider providing and maintaining the software, a user would be able to download the latest version);
entering SMS data into the software application of the smartphone, wherein a first user enters SMS data into the software application that is desired to be transmitted (abstract – a land-based or mobile phone and methods are provided for receiving inbound communications as either voice or text (e.g. SMS) and then based on the user’s configuration settings, the inbound communication is provided to the user as it was received or is automatically converted into a format that is desired by the user. The phone also takes voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – the invention relates to the field of land-based and wireless telephone communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text (e.g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or visual disabilities to communicate interactively via SMS (e.g. text) to voice and/or voice to SMS (e.g., text) (0006, 0008, 0010-0011));
converting the SMS data to a voice (abstract - The phone also takes voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – the invention relates to the field of land-based and wireless telephone communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text (e.g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or visual disabilities to communicate interactively via SMS (e.g. text) to voice and/or voice to SMS (e.g., text) (0006, 0008, 0010-0011));
transmitting the voice (abstract – a land-based or mobile phone and methods are provided for receiving inbound communications as either voice or text (e.g. SMS) and then based on the user’s configuration settings, the inbound communication is provided to the user as it was received or is automatically converted into a format that is desired by the user. The phone also takes g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – the invention relates to the field of land-based and wireless telephone communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text (e.g. SMS) enabling users having visual disabilities to communicate interactively via SMS (e.g. text) to voice and/or voice to SMS (e.g., text) (0006, 0008, 0010-0011));
receiving the voice (0087 – when a call or communication is received at the antenna of the phone, the signal is received at RX/TX and the voice or text communication is routed to the controller which handles (e.g., stores and processes) the inbound communication);
engaging the phone module, wherein a second user engages the phone module to listen to the voice (0018 – speaker is used to enable the user to listen to inbound communications); and
broadcasting the voice (0018 – controller outputs the inbound voice signal and/or converted voice signal to the speaker).
Miller is silent with respect to data packet.
Kim teaches transmitting voice data and text data between devices by using a mobile communication service of which the user is a member or wireless technique (e.g, WiFi or Bluetooth) that may be used in the devices (0070, 0081).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Miller to use Bluetooth as the wireless technique as taught by Kim in order to enable users to communicate voice data and text data directly with one another via Bluetooth thereby saving money by avoid using cellular network signaling.
Regarding claim 2. Miller teaches a step of inputting voice data into the phone module, wherein the second user inputs voice data into the audio input and output module of the phone module (figure 1 – wherein telephony (e.g. phone module) comprises speaker 26 (e.g., audio output) and MIC 30 (e.g., audio input) enabling the user to input voice into the telephony MIC 30 and output incoming communication via speaker 26 (0043-0044).
Regarding claim 3. Miller teaches storing voice data within the controller, wherein the voice data input from the audio input and output module is stored in the controller (0087 – when a call or communication is received at the antenna of the phone, the signal is received at RX/TX and the voice or text communication is routed to the controller which handles (e.g., stores and processes) the inbound communication, 0002 – land-based and wireless telephonic communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text, and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text. In other words, the “phone” first receives and stores voice or text signal(s) then processes the voice or text signal and then outputs signal as voice or text).
Regarding claim 4. Miller teaches converting the voice data to a SMS data outbound calls/communications can be initiated in voice or text, and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text).
Miller does not explicitly teach SMS data packet.
Kim teaches transmitting voice data and text data between devices by using a mobile communication service of which the user is a member or wireless technique (e.g, WiFi or Bluetooth) that may be used in the devices (0070, 0081).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Miller to use Bluetooth as the wireless technique as taught by Kim in order to enable users to communicate voice data and text data directly with one another via Bluetooth thereby saving money by avoid using cellular network signaling.
Regarding claim 5. Miller teaches transmitting the SMS voice or text (e.g. SMS) and then based on the user’s configuration settings, the inbound communication is provided to the user as it was received or is automatically converted into a format that is desired by the user. The phone also takes voice or text (e.g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – land-based and wireless telephonic communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text, and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text).
Kim teaches transmitting voice data and text data between devices by using a mobile communication service of which the user is a member or wireless technique (e.g, WiFi or Bluetooth) that may be used in the devices (0070, 0081).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Miller to use Bluetooth as the wireless technique as taught by Kim in order to enable users to communicate voice data and text data directly with one another via Bluetooth thereby saving money by avoid using cellular network signaling.
2. Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Kim further in view of Rao (2008/0305813).
Regarding claim 6. Miller in view of Kim do not explicitly teach displaying the SMS data in the software application of the smartphone.
Rao teaches using Bluetooth (e.g., sharing locally) (0025) to share SMS from a first device to a second device (abstract, 0005, 0021-0022, figure 1) which enables the user at a nearby device to view the displayed SMS packet (0024, 0034).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify Miller in view of Kim to use Bluetooth as the wireless technique as taught by Rao thereby enabling telephony devices the ability to share and display SMS message without employing a cellular wireless network (Rao – abstract).
Regarding claim 7. Miller teaches initiating a sound alarm, wherein the controller initiates a sound alarm subsequent receipt of the voice data packet from the smartphone (0087 – controller will notify the user of the inbound communication based on how the user wants to be notified. The user’s preference can include audible ring tones via speaker 20).
Kim teaches initiates a sound alarm corresponding to call signal received, a message receiving sound, an alarm sound (0392, 0395, 03960438).
Regarding claim 8. Miller teaches wherein the phone module is embodied as a conventional rotary phone (abstract – land-based or mobile phone, 0008 – telephony device, 0032 – regular/conventional phone connected to a land-line communication system).
Regarding claim 9. Miller teaches a first mode of operation the phone module receives the voice data packet and the voice data packet is broadcast via the audio input and output module (0010-0012 – inbound calls are output aurally, 0018 – controller outputs the inbound voice signal and/or converted voice signal to the speaker).
Kim teaches outputting/broadcasting via speaker (0201, 0209).
Regarding claim 10. Miller teaches a second mode wherein voice data to be transferred to the smartphone and wherein an interactive communication ensues (abstract – a land-based or mobile phone and methods are provided for receiving inbound communications as either voice or text (e.g. SMS) and then based on the user’s configuration settings, the inbound communication is provided to the user as it was received or is automatically converted into a format that is desired by the user. The phone also takes voice or text (e.g., SMS) and converted to either voice or text and inbound calls/communications can be received in voice or text, and converted to either voice or text (e.g,. interactive communications) which enables those with hearing disabilities and/or voice or text (e.g., SMS) that is input by the user of the phone and converts the user’s input to either voice or text based on the configured settings stored in the user’s list or otherwise. The outbound communication is configured according to how the intended recipient wants to receive a communication based on the configurations settings stored in the user’s contact list. 0002 – the invention relates to the field of land-based and wireless telephone communications, and more specifically to a phone and methods for configuring the phone so that outbound calls/communications can be initiated in voice or text enabling users that have visual disabilities to communicate interactively via SMS (e.g. text) to voice and/or voice to SMS (e.g., text) (0006, 0008, 0010-0011)).
Kim teaches local interactive sharing voice data and text data between devices (0070, 0081).
Rao teaches local interactive sharing SMS, audio, and media (see claim 9).
Conclusion
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
---(2015/0288797) Vincent teaches downloading mobile App which enables interactive communication(s) between a doctor speaking Spanish and patients speaking different languages wherein the interactive communication is voice-to-voice, voice-to-text, text-to-voice translation (paragraph 0011).
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARRY W TAYLOR whose telephone number is (571)272-7509. The examiner can normally be reached Monday-Thursday: 7-5.
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/BARRY W TAYLOR/Primary Examiner, Art Unit 2646