DETAILED ACTION
This Communication is a First Action on the Merits (FAOM). Claims 1-20, as originally filed, are pending and have been considered as follows.
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 Objections
Claims 16-20 are objected to because of the following informalities: Claims 16-20 recite in part …The medium of Claim 15… Claim 15 recites …A non-transitory processor readable medium…. Appropriate correction is required.
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.
Claim(s) 1, 3, 4, 7, 8, 10, 11, 14, 15, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al (2018/0293866 A1) in view of Keating et al (2016/0080552 A1).
As per Claim 1, Chung teaches a method comprising: periodically sampling, by a wireless remote speaker microphone paired with a portable radio, input from an inertial measurement unit coupled to the wireless remote speaker microphone, to detect motion of the wireless remote speaker microphone (Figure 1 – References 130, 160 and 164; Page 1, Paragraph [0030]; Page 5, Paragraph [0076]; Pages 18 and 19, Paragraph [0182]); determining that the motion of the wireless remote speaker microphone is a forced displacement motion (Pages 18 and 19, Paragraph [0182]).
(Note: In paragraph [0030], Chung describes firefighters and other first responders [i.e. paramedics or police officers] entering dangerous and rapidly changing environments. In paragraph [0076], Chung describes a sound transducer [e.g. microphone] picking up sound to be communicated to another location. In paragraph [0182], Chung describes motion sensors as including at least one accelerometer or an inertial device or both. Chung indicates sensor may provide an indication of position, acceleration, impact, distance, gyroscopic and/or inertial information or any combination of two or more of these properties)
(Note: The Examiner is considering forced displacement movement to be a sudden unintended physical movement caused by an external force. In paragraph [0102], Chung describes personnel being down due to an explosion, an intrusion or some other condition that puts personnel safety at risk. The Examiner is considering this to be evidence of at least one forced displacement movement. Which may be determined by the motion sensor or accelerometer described above)
Chung does not teach entering, by the wireless remote speaker microphone, an inactive operational state. However, Keating teaches entering, by the wireless remote speaker microphone, an inactive operational state (Page 1, Paragraphs [0013] and [0017]; Page 5, Paragraph [0040]; Page 7, Paragraph [0059]).
(Note: In paragraph [0013], Keating describes utilizing the relative position of a communication device [i.e. microphone] to determine whether the communication device should be muted. In paragraph [0017], Keating describes how the greater the shift of the angle of movement from the original location of the communication device to an eventual destination [i.e. forced displacement movement] the greater the likelihood of automatic muting of the microphone)
(Note: In paragraph [0059], Keating indicates that the teachings may be incorporated in a variety of devices including a headset which is also described as being an earpiece [i.e. wireless microphone]. Combining the determination that a forced displacement movement has occurred with the automatic muting of the microphone based on the position change of the microphone is found to read on the recitation of the claim language)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chung with the method taught by Keating to prevent giving away the position of law enforcement personnel in situations requiring rapid movement as physical jostling can unintentionally unlock a device and trigger voice calls or broadcasts.
As per Claims 3, 10 and 17, Chung teaches generating, by the wireless remote speaker microphone, at least one of an audible locator alert and a visual locator alert (Page 4, Paragraphs [0067], [0071], [0074] and [0075]).
As per Claims 4, 11 and 18, the combination of Chung and Keating teaches exiting, by the wireless remote speaker microphone, the inactive operational state when the wireless remote speaker microphone is re-paired with the portable radio as described in Claim 1. (Note: In paragraph [0017], Keating indicates that as the angle between the original placement of the microphone and the position the microphone is in currently returns to an acceptable angular position the automatic muting of the microphone is lifted)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chung with the method taught by Keating to prevent giving away the position of law enforcement personnel in situations requiring rapid movement as physical jostling can unintentionally unlock a device and trigger voice calls or broadcasts.
As per Claims 7, 14 and 20, the combination of Chung and Keating teaches deleting a bonding information between the wireless remote speaker microphone and the portable radio (Chung: Page 4, Paragraph [0068]; Keating: Page 4, Paragraph [0034]). (Note: In a circumstance where devices are repeatedly moved out of range, the connection can become unstable leading to a dropped link which requires the link be re-paired [i.e. deleting bonding information]. Occurrences of forced displacement movement are found to accomplish this)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Chung with the method taught by Keating to prevent giving away the position of law enforcement personnel in situations requiring rapid movement as physical jostling can unintentionally unlock a device and trigger voice calls or broadcasts.
As per Claim 8, the combination of Chung and Keating teaches a method and system as described in Claim 1. Chung also teaches a processor (Figure 1 – Reference 150; Page 4, Paragraph [0075]); and a memory coupled to the processor, the memory containing a set of instructions (Figure 1 – Reference 152; Page 7, Paragraph [0096]; Page 11, Paragraph [0143]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Chung with the method and system taught by Keating to prevent giving away the position of law enforcement personnel in situations requiring rapid movement as physical jostling can unintentionally unlock a device and trigger voice calls or broadcasts.
As per Claim 15, the combination of Chung and Keating teaches a method as described in Claim 1. Chung also teaches a non-transitory processor readable medium containing a set of instructions executed by a processor (Figure 1 – Reference 152; Page 7, Paragraph [0096]; Page 11, Paragraph [0143]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and non-transitory processor readable medium taught by Chung with the method and system taught by Keating to prevent giving away the position of law enforcement personnel in situations requiring rapid movement as physical jostling can unintentionally unlock a device and trigger voice calls or broadcasts.
Claim(s) 2, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al (2018/0293866 A1) in view of Keating et al (2016/0080552 A1) as applied to Claims 1, 8 and 15 above, and further in view of McMullin et al (2010/0303014 A1).
As per Claims 2, 9 and 16, the combination of Chung and Keating teaches the method, system and non-transitory processor readable medium of Claims 1, 8 and 15; but does not teach wherein entering the inactive operational state further comprises: instructing the portable radio to discontinue routing audio to the wireless remote speaker microphone; and disabling a Push-to-Talk button on the wireless remote speaker microphone.
However, McMullin teaches instructing the portable radio to discontinue routing audio to the wireless remote speaker microphone; and disabling a Push-to-Talk button on the wireless remote speaker microphone (Page 5, Paragraph [0079]). (Note: In paragraph [0079], McMillian describes the disabling of audio transmission and the ignoring of the pressed PTT button)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory processor readable medium taught by Chung and Keating with the method taught by McMillian to disable the microphone to prevent sensitive audio from leaking into the channel in the event that the user is compromised, ambushed or forced to relocate suddenly.
Claim(s) 5, 6, 12, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al (2018/0293866 A1) in view of Keating et al (2016/0080552 A1) as applied to Claims 1, 8 and 15 above, and further in view of KAVANTSAARI (2019/0110181 A1).
As per Claims 5, 12 and 19, the combination of Chung and Keating teaches the method, system and non-transitory processor readable medium of Claims 1, 8 and 15; but does not teach determining, with a trained Artificial Intelligence model, that the input from the inertial measurement unit is consistent with a forced displacement event, the Artificial Intelligence model having been trained with measurements from confirmed forced displacement events.
However, Kavantsaari teaches determining, with a trained Artificial Intelligence model, that the input from the inertial measurement unit is consistent with a forced displacement event, the Artificial Intelligence model having been trained with measurements from confirmed forced displacement events (Page 13, Paragraphs [0193], [0194] and [0196]).
(Note: In paragraph [0193], Kavantsaari describes a user running, accelerating or stopping for a certain period of time and then some strange or unexplained behavior occurs where a mobile device may be dropped, shaken, thrown or moved in a strange manner [i.e. forced displacement event] measured by a sensor [e.g. accelerometer])
(Note: In paragraph [0194], Kavantsaari describes artificial intelligence or some other self-learning algorithm being used to determine unexpected behavior of a user [i.e. forced displacement event]. In paragraph [0196], Kavantsaari describes detecting a deviation from an expected user behavior – i.e. unexpected acceleration or deceleration, some detected strange, deviant or unexpected movement by the user device, or directed towards the user device)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory processor readable medium taught by Chung and Keating with the method taught by Kavantsaari to reduce the amount of time required to alert dispatch or backup personnel; thereby mitigating assaults, preventing the weaponization of gear and acting as a force multiplier keeping first responders safe during high-stress encounters.
As per Claims 6 and 13, the combination of Chung, Keating and Kavantsaari teaches wherein the measurements from confirmed forced displacements further include measurement from an inertial measurement unit coupled to the portable radio as described in Claims 1 and 5 above.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Chung and Keating with the method taught by Kavantsaari to reduce the amount of time required to alert dispatch or backup personnel; thereby mitigating assaults, preventing the weaponization of gear and acting as a force multiplier keeping first responders safe during high-stress encounters.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stanek (2022/0038856 A1), Herbert et al (2020/0336821 A1), Kirmuss et al (2009/0033552 A1), Lair et al (2007/0004464 A1), Dvorak (2005/0107144 A1) and WHITE (2022/0070619 A1). Each of these describes systems and methods for implementing communication systems in public safety response environments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693
Prosecution Insights