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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leary et al., US2021/0264750 A1, in view of Powell et al., US2007/0290801 A1, and further in view of US2010/0080390 A1.
Regarding claim 1, Leary teaches A system for remotely communicating audio instructions (Abstract; A multiple user covert and tactile wireless communication system used to gain a strategic advantage over an opponent in a team activity.), comprising: a transmitter including: a transmitter unit configured to transmit wireless signals (par. 0020; Each user is equipped with a sending unit consisting of a glove with a single pulse triggering mechanism and transmitting radio.), 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 (par. 0081; The software embedded in the microcontroller of flexible printed circuit board 202 instructs the onboard wireless communication module to open communications with the same set of hardware and software installed in catcher's glove 401 via the secure wireless local area network 102.); a plurality of user actuatable input elements coupled to the transmitter unit (par. 0064; a baseball glove 301 to illustrate its position relative to a pulse triggering device 200 and vibration producing device 201 of the tactile communication transceiver.); wherein the first microcontroller is configured to provide the transmitter unit with a selection signal to wirelessly transmit in accordance with actuation of the user actuatable input elements and is further configured to compress the digital vocal signal and provide the compressed digital vocal signal to the transmitter unit to wirelessly transmit (par. 0090; a finger compartment (one for each finger like a baseball glove) of the cuff style tactile communication transceiver 700 with a finger 300 located relative to a pulse triggering device 200 and vibration producing device 201. The cuff style tactile communication transceiver 700 functions in the same manner as the pitcher and catcher gloves (400 and 401) of FIG. 4, communicating to other nodes over the secure wireless local area network 102.); and a receiver including: a receiving unit configured to wirelessly receive the selection signal and the compressed digital vocal signal (par. 0028; These devices include a computer controller which receives communications as electrical signals and converts the electrical signals to the Phonetic Braille Code.); a memory configured to contain a plurality of stored audio instructions (par. 0061; the tactile communication transceiver (FIG. 2) is comprised of a flexible printed circuit board 202, battery 203, and wiring 204 that connects pulse triggering devices 202 and vibration producing devices 201 to flexible printed circuit board 202. Flexible printed circuit board 202 includes a microcontroller, memory, embedded software, power conditioning, wireless communication module, and analog & digital I/O.).
Leary fails to teach the following recited claimed limitations. However, Powell teaches a microphone input configured to receive a vocalization and output an analog vocal signal (par. 0029; play transmitting notebook- or palm-size computer device 20 used by a coach to send recorded plays to players and a play receiving wrist sweat band viewing screen 30, 30A worn by a player on the playing field and a supplemental microphone 24 on the computer device used by the coach for sending instant text messages to players.); and an analog to digital converter coupled between the output of the microphone input and the first microcontroller, the analog to digital converter configured to convert the analog vocal signal to a digital vocal signal (par. 0033; The computer device 20 has a microphone 24 used by the coach to send instant text messages to the players using wireless technology such as Bluetooth.TM. One of ordinary skill in the art suggests that a computer device 20 will have a A/D converter which converts analog signals such as a the coach talking and the player receiving a digital signal such as text.). Therefore, one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s teachings with Powell’s teachings in order to have continual effective communication between a coach and quarterback throughout a game and do not address the problem of communication between a coach and other players such as a pass receiver (Powell, par. 0007).
Leary and Powell failed to teach the following recited limitations. However, Daniel teaches an audio reproduction transducer configured to audibly reproduce the plurality of stored audio instructions and the vocalization (par. 0034; The coach may activate the PRT 114 (step 202) to select an intended game play instruction 102 (not shown) stored thereon, using a user interface 118 (not shown) of the game application program 120 (not shown) which is executable on the PRT 114 and from which a game play instruction 102 may be inputted and communicated wirelessly to the game apparatus 106.); and a second microcontroller coupled to the receiving unit, the memory and the audio reproduction transducer, wherein the second microcontroller is configured to control the memory and the audio reproduction transducer to reproduce a selected audio instruction in accordance with the received selection signal and further configured to decompress the compressed digital vocal signal to form a vocalization signal and to control the audio reproduction transducer to reproduce the vocalization in accordance with the vocalization signal (par. 0034; The PRT 114 may include but is not limited to any one of the following: a cellular phone, computer 122 (not shown) such as a network enabled personal computer 122 (not shown), laptop, PDA and/or other WLAN communication devices that are known and readily used in the art to transmit and/or receive wireless communications. The PRT 114 is provided with a game application program 120 (not shown) which includes a playlist of game play instructions 102, 102' (not shown) stored thereon in text, codes and/or visual format.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s invention in view of Powell’s invention with Daniel’s invention in order to create a level playing field in sports, adding interest and intrigue to the games as neither team is made privy to the private communications of game play instructions between players and/or their coaches during the game (Daniel, par. 0007).
Regarding claim 2, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the plurality of stored audio instructions includes at least one of a pitch type, pitch location, and running game instruction (par. 0041).
Regarding claim 3, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the plurality of stored audio instructions includes instructions for a sports participant (par. 0014).
Regarding claim 4, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the audio reproduction transducer is a speaker (par. 0037).
Regarding claim 5, Leary, Powell and Daniel teach all the limitations in claim 1. Powell further teaches wherein the first microcontroller of the transmitter is configured to encode the selection signal to indicate the selected audio instruction, and the second microcontroller of the receiver is configured to decode the selection signal to determine the selected audio instruction (par. 0033). Therefore, one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s teachings with Powell’s teachings in order to have continual effective communication between a coach and quarterback throughout a game and do not address the problem of communication between a coach and other players such as a pass receiver (Powell, par. 0007).
Regarding claim 6, Leary, Powell and Daniel teach all the limitations in claim 5. Powell further teaches wherein the memory has a plurality of addressable storage locations in which each audio instruction of the plurality of stored audio instructions are respectively stored as audio tracks (par. 0036).
Regarding claim 7, Leary, Powell and Daniel teach all the limitations in claim 6. Powell further teaches wherein different sets of the audio tracks are stored in multiple respective folders, and wherein the second microcontroller is configurable to retrieve audio tracks only from a selected one of the respective folders and control the memory and audio reproduction transducer to reproduce those audio tracks from the selected folder in response to the selected audio instruction (par. 0010).
Regarding claim 8, Leary, Powell and Daniel teach all the limitations in claim 7. Powell further teaches wherein each set of the different sets of the plurality of audio tracks stored in multiple respective folders comprise a corresponding set of audio instructions in a different language, and wherein the second microcontroller is configurable to select a respective audio track from a respective set of the different sets of audio tracks based on a current language configuration of the receiver (par. 0010).
Regarding claim 9, Leary, Powell and Daniel teach all the limitations in claim 8. Powell further teaches further comprising a plurality of receivers, the plurality of receivers being separately configurable such that a first receiver of the plurality of receivers is configured to retrieve audio tracks in a first language from a first folder, and a second receiver of the plurality of receivers is configured to retrieve audio tracks in a second language from a second folder, wherein following receipt of a same selection signal at the first receiver and the second receiver, the first receiver is configured to play the first audio track in the first language and the second receiver is configured to play the first audio track in the second language (par. 0010).
Regarding claim 10, Leary, Powell and Daniel teach all the limitations in claim 1. Powell further teaches wherein the microphone input comprises an integral microphone (Fig. 1 item 24; shows integral microphone 24.).
Regarding claim 11, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the microphone input comprises a microphone socket configured to receive a microphone jack of an external microphone (par. 0061; analog I/O).
Regarding claim 12, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the user actuatable input elements are buttons (par. 0067).
Regarding claim 13, Leary, Powell and Daniel teach all the limitations in claim 12. Leary further teaches wherein the transmitter is further configured to provide a plurality of selectable operating modes, the plurality of selectable operating modes including a first mode in which a first actuation of any of the buttons selects one audio instruction and a second actuation of any of the buttons selects a second audio instruction, the second microcontroller providing the transmitter unit with a selection signal only after the second actuation of any of the buttons, the selection signal causing the receiver to play the first and second audio instructions serially (par. 0067).
Regarding claim 14, Leary, Powell and Daniel teach all the limitations in claim 13. Leary further teaches wherein the plurality of selectable operating modes includes a second mode in which actuation of any of the buttons selects an audio instruction, the microcontroller providing the transmitter unit with a selection signal immediately after the pushing any of the buttons, the selection signal causing the receiver to play the selected audio instruction (par. 0067).
Regarding claim 15, Leary, Powell and Daniel teach all the limitations in claim 11. Leary further teaches wherein at least some of the buttons are arranged on the transmitter in accordance with positions corresponding to positions of a strike zone, with pitch location instructions corresponding to the positions of the button (par. 0079).
Regarding claim 16, Leary, Powell and Daniel teach all the limitations in claim 1. Powell further teaches wherein the transmitter further comprises a push to talk button coupled to the first microcontroller and the analog to digital converter, and wherein depressing the push to talk button causes the received vocalization to be converted to the digital vocal signal, compressed by the first microcontroller to the compressed digital vocal signal and transmitted by the transmitter unit (par. 0033).
Regarding claim 17, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the receiver further comprises a housing configured to house the receiving unit, the memory the audio reproduction transducer and the second microcontroller, wherein the housing is between about 1 inch to about 6 inches in length, between about 0.5 inches to about 2.0 inches in height, and between about 0.10 inches to about 0.5 inches in width (Fig. 2, par. 0060).
Regarding claim 18, Leary, Powell and Daniel teach all the limitations in claim 1. Leary further teaches wherein the housing is approximately 4 inches in length, about 1.25 inches in height, and about 0.25 inches in width (Fig. 2, par. 0060).
Regarding claim 19, Leary teaches A baseball pitch selection communication system (Abstract; A multiple user covert and tactile wireless communication system used to gain a strategic advantage over an opponent in a team activity.), comprising: a pitch selection transmitter unit including: buttons for selecting pitch types to be heard at a remote receiver and a push to talk button (par. 0041; A sequence of pulse triggering device selections are made by the pitcher and wirelessly communicated to the catcher. The corresponding vibration producing devices in the catcher's glove are activated and the desired pitch is communicated to the catcher. The gloves of position players may also be outfitted with tactile communication transceivers (in receive mode only) so they can make any necessary adjustments to field positioning based on a called pitch.); a first microcontroller coupled to the buttons and the push to talk button and configured to receive a pitch type selection signal from the buttons and to generate a coded signal in accordance with the pitch type selection signal and to receive the digital vocal signal and generate a compressed digital vocal signal when the push to talk button is depressed, and a transmitter coupled to the first microcontroller to receive the coded signal and transmit a coded wireless signal and to receive and transmit a wireless compressed digital vocal signal (par. 0090; a finger compartment (one for each finger like a baseball glove) of the cuff style tactile communication transceiver 700 with a finger 300 located relative to a pulse triggering device 200 and vibration producing device 201. The cuff style tactile communication transceiver 700 functions in the same manner as the pitcher and catcher gloves (400 and 401) of FIG. 4, communicating to other nodes over the secure wireless local area network 102.); and a wireless receiver including: a receiving unit configured to receive the coded wireless signal and the wireless compressed digital vocal signal (par. 0028; These devices include a computer controller which receives communications as electrical signals and converts the electrical signals to the Phonetic Braille Code.), a second microcontroller coupled to the receiving unit to decode the coded wireless signal and to determine an audio track containing audio of a pitch type in accordance with the pitch type selection signal and to decompress the wireless compressed digital vocal signal, a memory coupled to the second microcontroller and containing addressable storage locations in which audio tracks are stored (par. 0072; a master user in the form of manager 501 positioned in the dugout and communicating wirelessly to players and coaches on the field 505 by interfacing with controller 500 (for this first embodiment, these communications only include those on the defensive side of the game). These managerial actions include signaling a change in pitching strategy (e.g. having the pitcher keep the pitch low and outside), or repositioning outfielders (e.g. move in or out). As the game is played today, changes in pitching strategy are communicated by the manager or coach by visiting the pitcher on the field or signaling position players with hand or arm movement from the dugout (sometimes not getting their attention in a timely manner).).
Leary fails to teach the following recited claimed limitations. However, Powell teaches a microphone input configured to receive vocalizations and output an analog vocal signal (par. 0029; play transmitting notebook- or palm-size computer device 20 used by a coach to send recorded plays to players and a play receiving wrist sweat band viewing screen 30, 30A worn by a player on the playing field and a supplemental microphone 24 on the computer device used by the coach for sending instant text messages to players.), an analog to digital converter coupled to the microphone input and the push to talk button, the analog to digital converter configured to convert the analog vocal signal to a digital vocal signal (par. 0033; The computer device 20 has a microphone 24 used by the coach to send instant text messages to the players using wireless technology such as Bluetooth.TM. One of ordinary skill in the art suggests that a computer device 20 will have a A/D converter which converts analog signals such as a the coach talking and the player receiving a digital signal such as text.). Therefore, one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s teachings with Powell’s teachings in order to have continual effective communication between a coach and quarterback throughout a game and do not address the problem of communication between a coach and other players such as a pass receiver (Powell, par. 0007).
Leary and Powell failed to teach the following recited limitations. However, Daniel teaches and a speaker coupled to the second microcontroller, wherein the second microcontroller is configured to retrieve the audio track at an addressable storage location in the memory is stored and causes the speaker to play the audio track and is further configured to cause the speaker to reproduce the vocalization from the decompressed digital vocal signal (par. 0034; The PRT 114 may include but is not limited to any one of the following: a cellular phone, computer 122 (not shown) such as a network enabled personal computer 122 (not shown), laptop, PDA and/or other WLAN communication devices that are known and readily used in the art to transmit and/or receive wireless communications. The PRT 114 is provided with a game application program 120 (not shown) which includes a playlist of game play instructions 102, 102' (not shown) stored thereon in text, codes and/or visual format.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s invention in view of Powell’s invention with Daniel’s invention in order to create a level playing field in sports, adding interest and intrigue to the games as neither team is made privy to the private communications of game play instructions between players and/or their coaches during the game (Daniel, par. 0007).
Regarding claim 20, Leary teaches A covert sports communication system (Abstract; A multiple user covert and tactile wireless communication system used to gain a strategic advantage over an opponent in a team activity.), comprising: a transmitter including; a transmitter unit configured to transmit wireless signals (par. 0020; Each user is equipped with a sending unit consisting of a glove with a single pulse triggering mechanism and transmitting radio.); a first microcontroller coupled to the transmitter unit (par. 0081; The software embedded in the microcontroller of flexible printed circuit board 202.); wherein the first microcontroller is configured to compress the digital vocal signal and provide the compressed digital vocal signal to the transmitter unit to wirelessly transmit (par. 0081; The software embedded in the microcontroller of flexible printed circuit board 202 instructs the onboard wireless communication module to open communications with the same set of hardware and software installed in catcher's glove 401 via the secure wireless local area network 102.); and a receiver including: a receiving unit configured to wirelessly receive the compressed digital vocal signal (par. 0028; These devices include a computer controller which receives communications as electrical signals and converts the electrical signals to the Phonetic Braille Code.); and a housing configured to house the receiving unit, the audio reproduction transducer and the second microcontroller, wherein the housing is between about 1 inch to about 6 inches in length, between about 0.5 inches to about 2.0 inches in height, and between about 0.1 inches to about 0.5 inches in width (Fig. 2, par. 0060; the node in a housing is in a form of a patch type. One of ordinary skill in the art can suggest that a patch in a rectangular shape will having dimension of different lengths, widths and heights (i.e., which is the volume of the patch housing to house the tactile communication transceiver).).
Leary fails to teach the following recited claimed limitations. However, Powell teaches a microphone input configured to receive a vocalization and output an analog vocal signal (par. 0029; play transmitting notebook- or palm-size computer device 20 used by a coach to send recorded plays to players and a play receiving wrist sweat band viewing screen 30, 30A worn by a player on the playing field and a supplemental microphone 24 on the computer device used by the coach for sending instant text messages to players.); and an analog to digital converter coupled between the output of the microphone input and the first microcontroller, the analog to digital converter configured to convert the analog vocal signal to a digital vocal signal (par. 0033; The computer device 20 has a microphone 24 used by the coach to send instant text messages to the players using wireless technology such as Bluetooth.TM. One of ordinary skill in the art suggests that a computer device 20 will have a A/D converter which converts analog signals such as a the coach talking and the player receiving a digital signal such as text.). Therefore, one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s teachings with Powell’s teachings in order to have continual effective communication between a coach and quarterback throughout a game and do not address the problem of communication between a coach and other players such as a pass receiver (Powell, par. 0007).
Leary and Powell failed to teach the following recited limitations. However, Daniel teaches an audio reproduction transducer configured to audibly reproduce the vocalization (par. 0034; The coach may activate the PRT 114 (step 202) to select an intended game play instruction 102 (not shown) stored thereon, using a user interface 118 (not shown) of the game application program 120 (not shown) which is executable on the PRT 114 and from which a game play instruction 102 may be inputted and communicated wirelessly to the game apparatus 106.); and a second microcontroller coupled to the receiving unit and the audio reproduction transducer, wherein the second microcontroller is configured to decompress the compressed digital vocal signal to form a vocalization signal and to control the audio reproduction transducer to reproduce the vocalization in accordance with the vocalization signal (par. 0034; The PRT 114 may include but is not limited to any one of the following: a cellular phone, computer 122 (not shown) such as a network enabled personal computer 122 (not shown), laptop, PDA and/or other WLAN communication devices that are known and readily used in the art to transmit and/or receive wireless communications. The PRT 114 is provided with a game application program 120 (not shown) which includes a playlist of game play instructions 102, 102' (not shown) stored thereon in text, codes and/or visual format.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Leary’s invention in view of Powell’s invention with Daniel’s invention in order to create a level playing field in sports, adding interest and intrigue to the games as neither team is made privy to the private communications of game play instructions between players and/or their coaches during the game (Daniel, par. 0007).
Conclusion
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/AYODEJI O AYOTUNDE/Primary Examiner, Art Unit 2649
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