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 .
Preliminary Amendment
1. The present Office Action is based upon the original patent application filed on Jun 26, 2024 as modified by the preliminary amendment also filed on November 13, 2024. Claims 1-23 are pending in the present application.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 11/08/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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.
3. Claim(s) 1, 4-5, 8-10,15,18-19 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1).
Regarding claim 1, Wetmore discloses a system for determining a timing offset between digital signals for single frequency network broadcasts (figures 3-4 and 7, paragraphs 0032, 0044 and 0049), comprising: a digital receiver for detecting a first digital signal from a first digital transmitter (figure 4, step 402; paragraph 0040) and a second digital signal from a second digital transmitter (figure 4, step 404; paragraph 0040); and a processing element that determines a first timing element associated with a demodulated first signal derived from the first digital signal (figure 4, step 406; paragraph 0042); and a second timing element associated with a demodulated second signal derived from the second digital signal (figure 4, step 408; paragraph 0042); wherein a difference between the first timing element and the second timing element is proportional to the timing offset (figure 4, steps 410 and 412; paragraphs 0042).
Wetmore silent the timing offset between digital signals for single frequency network broadcasts .
Bouillet discloses a timing offset between digital signals for single frequency network broadcasts (page 13, lines 18-260 and page 15, lines 1-9).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wetmore with the teachings of Bouillet, such that a timing offset between digital signals could be used for single frequency network broadcasts in order to control performance and regulatory compliance of the transmitted signal as taught by Bouillet (page 15, lines 5-9).
Regarding claim 4, Wetmore in view of Bouillet discloses the system of claim 1. Wetmore discloses wherein the timing offset is proportional to a delay between the first digital signal and the second digital signal (paragraph 0042)
Regarding claim 5, Wetmore in view of Bouillet discloses the system of claim 1.
Wetmore does not wherein the digital receiver is an HD Radio receiver.
Bouillet discloses the digital receiver is an HD Radio receiver (page 14, lines 10-26).
Regarding claim 8, Wetmore in view of Bouillet discloses the system of claim 1. Wetmore discloses the system comprising an interface coupled to the processing element, the processing element operable to display the timing offset. (paragraphs 0042 and 0044).
Regarding claim 9, Wetmore in view of Bouillet discloses the system of claim 1. Wetmore discloses wherein the timing offset is used to adjust a relative time delay between the first digital signal and the second digital signal (paragraph 0044).
Regarding claim 10, Wetmore in view of Bouillet discloses the system of claim 1. Wetmore discloses the system comprising an input/output port coupled to the second digital transmitter and configured to cause the second digital transmitter to adjust a delay parameter based on the timing offset (paragraphs 0049 and 00521).
Regarding claim 15, Wetmore discloses a method for determining a timing offset between digital signals for single frequency HD Radio networks (figures 3-4 and 7, paragraphs 0032, 0044 and 0049), comprising: receiving, at a receiver, a first digital signal from a main transmitter (figure 4, step 402; paragraph 0040), determining a first set of timing parameters associated with data frames transmitted via the first digital signal, receiving, at the receiver (figure 4, step 406; paragraph 0042), a second digital signal from a booster transmitter (figure 4, step 404; paragraph 0040), determining a second set of timing parameters associated with data frames transmitted via the second digital signal (figure 4, step 408; paragraph 0042), wherein the data frames transmitted via the second digital signal are received when the receiver synchronizes reception with the booster transmitter, and determining a time difference between transmissions from the main transmitter and booster transmitter based on the first and second set of timing parameters (figure 4, steps 410 and 412; paragraphs 0042).
. Wetmore silent the timing offset between digital signals for single frequency HD Radio networks and a first digital signal from a main transmitter and the second digital signal from a booster transmitter
Bouillet discloses a timing offset between digital signals for single frequency HD Radio networks and a first digital signal from a main transmitter and the second digital signal from a booster transmitter (page 13, lines 18-260 and page 15, lines 1-9).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wetmore with the teachings of Bouillet, such that a timing offset between digital signals could be used for single frequency HD Radio networks and a first digital signal from a main transmitter and a second digital signal from a booster transmitter in order to control performance and regulatory compliance of the transmitted signal as taught by Bouillet (page 15, lines 5-9)
Regarding claim 18, claim 18 is similar in scope to the claim 4 except in method form and thus the rejection to claim 4 hereinabove is also applicable to claim 18.
Regarding claim 19, Wetmore in view of Bouillet discloses the method of claim 15. Bouillet discloses wherein the first digital signal and the second digital signal are associated with signals broadcast at the same frequency in an FM radio band (page 15, lines 1-9).
Regarding claim 24, claim 24 is similar in scope to the claim 15 and thus the rejection to claim 15 hereinabove is also applicable to claim 24.
4. Claim(s) 2-3 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1) further in view of Lester et al (U.S. Patent No. US 2012/0204212 A1)
Regarding claim 2, Wetmore in view of Bouillet discloses the system of claim 1.
Wetmore in view of Bouillet does not disclose the system comprising a directional receive antenna coupled to the digital receiver, the directional receive antenna configured to detect signals transmitted by a first antenna associated with the first digital signal and by a second antenna associated with the second digital signal.
Lester et al discloses a directional receive antenna configured to detect signals transmitted by an antenna associated with a digital signal (paragraph 0045)
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Wetmore in view of Bouillet with the teachings of Lester et al, such that a directional receive antenna could be to the digital receiver in order to detect signals transmitted by the transmitter antenna doing so known in the art.
Regarding claim 3, Wetmore in view of Bouillet discloses the system of claim 2.
Lester et al discloses wherein the directional receive antenna comprises a Yagi antenna (paragraph 0045).
Regarding claim 21, claim 21 is similar in scope to the claim 3 except in method form and thus the rejection to claim 3 hereinabove is also applicable to claim 21
5. Claim(s) 6 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1) further in view of Elenes et al (U.S. Patent No. US 2015/0063497 A1).
Regarding claim 6, Wetmore in view of Bouillet discloses the system of claim 1.
Wetmore in view of Bouillet does not disclose wherein the first digital signal and the second digital signal are each received at a signal-to-noise ratio of at least 3 dB.
Elenes et al discloses a receiver produce a signal-to-noise ratio of at least 3 dB (paragraph 0002).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Elenes et al in to the system of Wetmore in view of Bouillet, such that each received the first digital signal and the second digital signal could be at a signal-to-noise ratio of at least 3 dB for providing greater audio quality and data services as taught by Elenes et al (paragraph 0002)
Regarding claim 20, claim 20 is similar in scope to the claim 6 except in method form and thus the rejection to claim 6 hereinabove is also applicable to claim 20.
6. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1) further in view of Yu et al (U.S. Patent No. US 2012/0113878 A1).
Regarding claim 7, Wetmore in view of Bouillet discloses the system of claim 1.
Wetmore in view of Bouillet does not disclose wherein the processing element determines the first and second timing elements when the first and second digital signals are within 6 dB of each other.
Yu et discloses a first and second signals are within 6 dB (paragraphs 0070-0071).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Yu et al into the system of Wetmore in view of Bouillet such that the processing element could be determined the first and second timing elements when the first and second digital signals are within 6 dB of each other in order to provide the desired or wanted signa as thought by Yu et al (paragraph 0071).
7. Claim(s) 11-14 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1) further in view of Milbar (U.S. Patent No. US 2019/0260505 A1)
Regarding claim 11, Wetmore in view of Bouillet discloses the system of claim 1.
Wetmore in view of Bouillet does not disclose wherein the first and second timing elements comprise, respectively, first and second absolute layer 1 frame numbers associated with the first digital signal and the second digital signal.
Milbar discloses wherein a timing elements comprise, respectively, first and second absolute layer 1 frame numbers (paragraphs 0074-0076).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Milbar into the system of Wetmore in view of Bouillet such that the first and second timing elements could be comprised, respectively, first and second absolute layer 1 frame numbers associated with the first digital signal and the second digital signal for determining the appropriate characterization parameters as thought by Milbar (paragraph 0074).
Regarding claim 12, Wetmore in view of Bouillet and Milbar discloses the system of claim 11. Milbar discloses the system comprising a first block count associated with the first digital signal and a second block count associated with the second digital signal (paragraphs 0074-0076).
Regarding claim 13, Wetmore in view of Bouillet and Milbar discloses the system of claim 12. Wetmore in view of Bouillet and Milbar silent to wherein the first block count and the second block count include no gaps. However, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to arrange the first block count and the second block count include no gaps, since it has been held that rearranging parts of an invention involved only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Regarding claim 14, Wetmore in view of Bouillet discloses the system of claim 1 Wetmore in view of Bouillet silent to wherein the digital receiver comprises a demodulator that generates the demodulated first signal or the demodulated second signal.
Milbar discloses a digital receiver comprises a demodulator that generates the demodulated signal (figure 1, signal 120; paragraph 0052) .
Regarding claim 16, Wetmore in view of Bouillet discloses the method of claim 15. Wetmore in view of Bouillet silent to wherein the first set of timing parameters comprise one or more of an Absolute Layer 1 Frame Number (ALFN), a block number, and symbol tracking information associated with the first digital signal.
Milbar discloses a timing parameters comprise one or more of an Absolute Layer 1 Frame Number (ALFN), a block number, and symbol tracking information associated with the first digital signal (paragraphs 0074-0076).
Regarding claim 17, Wetmore in view of Bouillet discloses the method of claim 15. Wetmore in view of Bouillet silent to wherein the second set of timing parameters comprise one or more of an Absolute Layer 1 Frame Number (ALFN), a block number, and symbol tracking information associated with the second digital signal.
Milbar discloses a set of timing parameters comprise one or more of an Absolute Layer 1 Frame Number (ALFN), a block number, and symbol tracking information associated with the second digital signal (paragraphs 0074-0076).
8. Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wetmore (U.S. Patent No. US 2012/0122499 A1) in view of (WO. 2011/034571 A1) further in view of Devine et al (U.S. Patent No. US 2016/0014703 A1)
Regarding claim 22, Wetmore in view of Bouillet discloses the method of claim 15. Wetmore in view of does not disclose the method comprising shutting off the main transmitter or the booster transmitter associated with the first digital signal.
Devine et al discloses shutting off the main transmitter or the booster transmitter (paragraph 0023).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Devine et al in to the method of Wetmore in view of Bouillet such that the main transmitter or the booster transmitter associated with the first digital signal could be shutting off in order to improve the perceived operation as taught by Devine et al (paragraph 0023).
Regarding claim 23, Wetmore in view of Bouillet and Devine et al discloses the method of claim 22. Devine et al discloses where receiving, at the receiver, the second digital signal comprises receiving the second digital signal from the booster transmitter after shutting off the first digital signal associated with the main transmitter (paragraph 0023).
Conclusion
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/FATUMA G SHERIF/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649