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 .
Status of Claims
Claims 1-2, 4-5, 10-12, 14 and 17-19 are rejected
Claims 3, 6-9, 13, 15-16 and 20 are objected to.
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) 1-2 and 11-12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haubrich et al (US PUB 20150326984, hereinafter Haubrich) in view of Jon et al (US PUB 20220131822, hereinafter Jon).
Regarding Claim 1, Haubrich discloses a wireless audio receiving device (see a least the abstract and figure 1), comprising: a first communication module (e.g. a first communication module of a first hearing aid 2080) configured to wirelessly receive a first audio signal (e.g. a first audio stream from a first transmitter 2060) based on a first communication standard of a first frequency band (e.g. based on first channel with a first frequency band); a second communication module (e.g. a second communication module of a second hearing aid 2090) configured to wirelessly receive a second audio signal (e.g. a second audio stream from a second transmitter 2070) based on a second communication standard of a second frequency band greater than the first frequency band (e.g. based on second channel having a different frequency band); (see figure 2); and a sound output device (e.g. audio speaker) configured to output a first sound corresponding to the first audio signal from the first communication module or a second sound corresponding to the second audio signal from the second communication module (e.g. each of the hearing units 2080 and 2090 has a corresponding integrated speaker unit for outputting the audio streaming respectively received from the streaming device 2010), (see Haubrich, [ 0011], [0014], [0017], and [0019]-[0020], also figures 1-2).
Haubrich does not explicitly disclose wherein the first communication module is configured to receive first signal data through a first channel, and separately receive first audio data through a second channel, and wherein the second communication module is configured to receive second signal data and second audio data separately through the same channel.
However, Jon in the same field of endeavor teaches that it is well known in the art to provide a communication module configured to receive first signal data through a first channel and separately receive first audio data through a second channel (e.g. device 699 receives control signal data 1504 over first channel 1502, and separately receives audio data 1510 over a second channel 1506), (see Jon, [0262]-[0265], and figure 15). Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate means of receiving the first data signal on a first channel, and separately receiving the first audio data over a second channel as taught by Jon in the teachings of Haubrich in order to achieve a consistent, and uninterrupted reception of audio data through the separately dedicated channel, and thereby further improving the user’s listening experience.
Moreover, the combination of Haubrich and Jon, further discloses: and wherein the second communication module is configured to receive second signal data and second audio data separately through the same channel (e.g. both the signal data and audio data can also be received over the same channel), (see Jon, [0440], and figure 15).
Regarding Claim 2, Haubrich as modified by Jon discloses the wireless audio receiving device of claim 1, wherein a beacon message (e.g. an advertisement message) received from the second communication module includes unicast information or broadcast information (e.g. the hearing aid communication module may receive a beacon message in the form of an advertisement message including unicast or broadcast information), (see Haubrich, [0010] and [0046], and figure 2).
Regarding Claim 11, Haubrich discloses a wireless audio transmitting device (see a least the abstract and figure 1), comprising: a first communication module (e.g. a first transmitter 2060) configured to wirelessly transmit a first audio signal based on a first communication standard of a first frequency band (e.g. a first audio signal is transmitted based on a first channel with a first frequency band); (see figure 2); and a second communication module (e.g. a second transmitter 2070) configured to wirelessly transmit a second audio signal based on a second communication standard of a second frequency band greater than the first frequency band, (e.g. a second audio stream is wirelessly transmitted based on a second channel with a second frequency band), (see Haubrich, [ 0011], [0014], [0017], and [0019]-[0020], also figures 1-2).
Haubrich does not explicitly disclose wherein the first communication module is configured to transmit first signal data through a first channel, and separately transmit first audio data through a second channel, and wherein the second communication module is configured to transmit second signal data and second audio data separately through the same channel.
However, Jon in the same field of endeavor teaches that it is well known in the art to provide a communication module configured to transmit first signal data through a first channel and separately transmit first audio data through a second channel (e.g. a control signal data 1504 is transmitted over first channel 1502 to a device 699, and audio data 1510 is separately transmitted to the device over a second channel 1506), (see Jon, [0262]-[0265], and figure 15).
Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate means of transmitting the first data signal on a first channel, and separately transmitting the first audio data over a second channel as taught by Jon in the teachings of Haubrich in order to achieve a consistent, and uninterrupted transmission of audio data through the separately dedicated channel, and thereby further improving the user’s experience.
Moreover, the combination of Haubrich and Jon, further discloses: and wherein the second communication module is configured to transmit second signal data and second audio data separately through the same channel (e.g. both the signal data and audio data can also be transmitted over the same channel), (see Jon, [0440], and figure 15).
Regarding Claim 12, Haubrich as modified by Jon discloses the wireless audio transmitting device of claim 11, wherein a beacon message (e.g. an advertisement message) transmitted from the second communication module includes unicast information or broadcast information (e.g. the transmitter module may transmit a beacon message in the form of an advertisement message including unicast or broadcast information), (see Haubrich, [0010] and [0046], and figure 2).
Regarding Claim 19, Haubrich discloses a wireless audio output system (e.g. wireless audio system 1000), (see a least the abstract and figure 1), comprising: a wireless audio receiving device (e.g. a wireless audio receiving hearing aid 2080, 2090), and a wireless audio transmitting device (e.g. wireless transmitter 2020), configured to transmit an audio signal to the wireless audio receiving device (see figure 2), wherein the wireless audio receiving device comprises: a first communication module (e.g. a first communication module of a first hearing aid 2080) configured to wirelessly receive a first audio signal (e.g. a first audio stream from a first transmitter 2060) based on a first communication standard of a first frequency band (e.g. based on first channel with a first frequency band); a second communication module (e.g. a second communication module of a second hearing aid 2090) configured to wirelessly receive a second audio signal (e.g. a second audio stream from a second transmitter 2070) based on a second communication standard of a second frequency band greater than the first frequency band (e.g. based on second channel having a different frequency band); (see figure 2); and a sound output device (e.g. audio speaker) configured to output a first sound corresponding to the first audio signal from the first communication module or a second sound corresponding to the second audio signal from the second communication module (e.g. each of the hearing units 2080 and 2090 has a corresponding integrated speaker unit for outputting the audio streaming respectively received from the streaming device 2010), (see Haubrich, [ 0011], [0014], [0017], and [0019]-[0020], also figures 1-2).
Haubrich does not explicitly disclose wherein the first communication module is configured to receive first signal data through a first channel, and separately receive first audio data through a second channel, and wherein the second communication module is configured to receive second signal data and second audio data separately through the same channel.
However, Jon in the same field of endeavor teaches that it is well known in the art to provide a communication module configured to receive first signal data through a first channel and separately receive first audio data through a second channel (e.g. device 699 receives control signal data 1504 over first channel 1502, and separately receives audio data 1510 over a second channel 1506), (see Jon, [0262]-[0265], and figure 15). Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate means of receiving the first data signal on a first channel, and separately receiving the first audio data over a second channel as taught by Jon in the teachings of Haubrich in order to achieve a consistent, and uninterrupted transmission of audio data through the dedicated channel, and thereby further improve the user’s experience.
Moreover, the combination of Haubrich and Jon, further discloses: and wherein the second communication module is configured to receive second signal data and second audio data separately through the same channel (e.g. both the signal data and audio data can also be received over the same channel), (see Jon, [0440], and figure 15).
Claim(s) 4-5, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haubrich in view as modified by Jon as applied to Claim 1 above, and further in view of Sugaya (US PUB 20100039960, hereinafter Sugaya).
Regarding Claim 4, Haubrich as modified by Jon discloses the wireless audio receiving device of claim 1, but fails to explicitly disclose wherein the second communication module is configured to distinguish the second signal data and the second audio data, based on identification information in a header among the received second audio signal.
However, Sugaya in the same field of endeavor teaches that it is well known in the art to provide a communication module configured to distinguish signal data and audio data, based on identification information in a header among the received second audio signal (e.g. signal data and audio data are distinguished based on identifying element ID in the header as set forth in [0148] and [0156], also figures 13B and 15B. Therefore, it would have been obvious to any person having an ordinary skill in the art o incorporate means by which the communication device can distinguish between audio data and signal data based on information in a header as taught by Sugaya in the teachings of Haubrich as modified by Jon in order to accurately identify a message type, and thereby avoiding possible processing errors.
Regarding Claim 5, Haubrich as modified by Jon and Sugaya discloses the wireless audio receiving device of claim 1, wherein the second communication module is configured to distinguish the second signal data or the second audio data, based on identification information in a media access control header or a physical header among the received second audio signal (see Sugaya, [0136], and figure 10).
Regarding Claim 10, Haubrich as modified by Jon and Sugaya discloses the wireless audio receiving device of claim 1, wherein in response to receiving the second audio signal, the second communication module is configured to receive the second signal data in a contention access period (e.g. in a prioritized contention access PAC) of a beacon interval, and receive the second audio data in a contention free period of the beacon period (see Sugaya, [0105] and [0125], also figures 9-10).
Regarding Claim 14, Haubrich as modified by Jon and Sugaya discloses the wireless audio transmitting device of claim 11, wherein the second communication module adds identification information within a media access control header or a physical header to distinguish whether the transmitted second audio signal is the second signal data or the second audio data (see Sugaya, [0105] and [0125], also figures 9-10).
Allowable Subject Matter
Claims 3, 6-9, 13, 15-18 and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695