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 .
Detailed Action
This Office Action is made in reply to Application 19/119,246 filed 08 April 2025. After a preliminary amendment in which Claims 1 – 17 were amended, amended Claims 1 – 17 are presented for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the operator" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the video content" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the management system" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the computer program" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the nonvolatile" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of invention. The claim is directed to a program code itself. It is not a process occurring as a result of executing the program, a machine programmed to operate in accordance with the program, nor a manufacture structurally and functionally interconnected with the program in a manner which enables the program to act as a computer component and realize its functionality. It is also clearly not directed to a composition of matter. Therefore, it is non-statutory under 35 USC 101.
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 – 5 and 7 - 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutch et al., US Pub. 2012/0050039 A1 (hereinafter Mutch) in view of Englert, US Pub. 2006/0082690 A1 (hereinafter Englert).
In regards to Claim 1, Mutch discloses a digital display device comprising:
at least one digital screen (Mutch: Fig. 1 and [0015], where a display system comprises a plurality of digital signage displays DSDs in public places such as a university campus, hospitals, shopping malls, stadiums, military bases and other large facilities);
at least one first receiver able to receive at least one first content via a first communication channel (Mutch: Fig. 2 and [0019], where the signage server 202 comprises a CMS module; [0020], where in a non-emergency state, information and advertisements may be displayed on the DSDs; Fig. 4 and [0029], where a digital signage device may display advertisements);
at least one receiver able to receive at least one message via a second communication channel, distinct from the first communication channel (Mutch: Fig. 2 and [0019], where the signage server 202 comprises an EN module to receive emergency alert information; [0020], where in an emergency state, the signage server serves the emergency information to the appropriate DSDs);
a first player able to play on the at least one digital screen the at least one first content received via the first communication channel (Mutch: Fig. 2 and [0019], where the signage server 202 comprises a CMS module; [0020], where in a non-emergency state, information and advertisements may be displayed on the DSDs; [0016], where the primary signage server communicates display data to the DSDs);
a switch configured for deactivating playing of the at least one first content by the first player, upon receiving a message via the at least one receiver (Mutch: [0020], where when an emergency alert message is posted in an emergency system, an “emergency status activated” ESA message is used which instructs the signage server that if the EN is in an emergency state, the signage server serves the emergency information to the appropriate DSDs). But Mutch fails to explicitly disclose at least one second receiver, distinct from the at least one first receiver.
Englert from a similar endeavor teaches at least one second receiver, distinct from the at least one first receiver (Englert: [0005], where a television signal processing system has a first tuner and a second tuner; Fig. 2 and [0018], where the television signal processing apparatus comprises a first tuner 230 and a second tuner 250; Fig. 2 and [0022], where the second tuner 250 is operative to tune signals including auxiliary data signal in the second channel which enables the television signal processing apparatus to receive emergency alert signals; [0021], where first tuner 230 is operative to tune signals including audio, video and/or auxiliary sign in the first channel, i.e. tune signals for the main picture of the television signal processing apparatus)
a switch configured for deactivating playing of the at least one first content by the first player (Englert: [0005], where a switching circuit can cause the power supplied to the first tuner to be removed while causing the power to the second tuner to continue to be supplied; Fig. 2 and [0022]-[0023], where switch 215 facilitates a connection or a disconnection between the power supply and the first tuner and the second tuner while, for example, auxiliary data such as emergency alert signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mutch in view of Englert such that the message received by Mutch via an EN module (Mutch: [0019]-[0020]) can be received via a second receiver as disclosed by Englert (Englert: [0005], [0021]-[0022]). This allows the two tuners, with the first tuner receiving the main programming (Englert: [0021]) the second tuner receiving auxiliary data such as emergency alert signals (Englert: [0022]) to operate independently. Thus, extending the overall life of television signal processing apparatus, (Englert: [0005]). Second tuner technology could easily be applied to the public display signage disclosed by Mutch, (Mutch: [0015]) with expected predictable results.
Regarding Claim 2, the combined teaching of Mutch and Englert discloses the device according to claim 1 comprising a second player able to display on the digital screen a message received by the at least one second receiver or a second content associated with the message received by the second receiver, and wherein the switch is configured for activating the playing by the second player upon receiving the message (Englert: [0016], where both video signals and auxiliary information are processed simultaneously and displayed; Mutch: [0020], where when an emergency alert message is posted in an emergency system, an “emergency status activated” ESA message is used which instructs the signage server that if the EN is in an emergency state, the signage server serves the emergency information to the appropriate DSDs).
Regarding Claim 3, the combined teaching of Mutch and Englert discloses the device according to claim 1 comprising:
at least one first processing unit for implementing the first player and the first receiver (Mutch: Fig. 2 and [0019], where a CMS module receives content management instructions regarding updating content; Englert: Fig. 2 and [0021], where demodulator 240 demodulates signal from tuner 230; Englert: Fig. 2 and [0022], where a second demodulator 260 demodulates signals received from a second tuner 250);
at least one second processing unit, distinct from the at least one first processing unit, for implementing the second receiver and the switch (Mutch: Fig. 2 and [0019], where an EN module receives emergency alert information; [0020], where the EN server receives weather-related alerts directly from the national weather service and communicates with the signage servers to receive an “emergency status activated” ESA message instructing the signage server when the EN is in an emergency state; Englert: Fig. 2 and [0021], where demodulator 240 demodulates signal from tuner 230; Englert: Fig. 2 and [0022], where a second demodulator 260 demodulates signals received from a second tuner 250).
Regarding Claim 4, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the switch is a software module incorporated in the first player (Mutch: [0020], where when an emergency alert message is posted in an emergency system, an “emergency status activated” ESA message is used which instructs the signage server that if the EN is in an emergency state, the signage server serves the emergency information to the appropriate DSDs; Englert: Fig. 2 and [0023], where switch facilitates a connection or disconnection between the power supply and the first tuner 230 and the second tuner 250 and is responsive to control signals from the processor which enable the switch to provide power or remove power from either tuner 230 or 250).
Regarding Claim 5, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the first or second player is configured for playing a second content associated with the message (Mutch: Fig. 2 and [0019], where the signage server 202 comprises an EN module to receive emergency alert information; [0020], where in an emergency state, the signage server serves the emergency information to the appropriate DSDs; Englert: Fig. 2 and [0022], where the second tuner 250 is operative to tune signals including auxiliary data signal in the second channel which enables the television signal processing apparatus to receive emergency alert signals);.
Regarding Claim 7, the combined teaching of Mutch and Englert discloses the device according to claim 5, wherein:
the second receiver is configured for receiving the second content associated with the message (Mutch: Fig. 2 and [0019], where the signage server 202 comprises an EN module to receive emergency alert information; Englert: Fig. 2 and [0022], where the second tuner 250 is operative to tune signals including auxiliary data signal in the second channel which enables the television signal processing apparatus to receive emergency alert signals); and
the first or second player is configured for playing the second content on the screen (Mutch: [0020], where in an emergency state, the signage server serves the emergency information to the appropriate DSDs; (Englert: [0016], where auxiliary information, including emergency information, is processed and displayed).
Regarding Claim 8, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the first communication channel is a high-speed connection with an infrastructure of the operator of the display device, and the at least one first content comprises the video content (Englert: [0003], where to process digital signals, such as ATSC or satellite signal, the signal processing circuitry, i.e. the tuner, must perform these functions with high-speed digital circuitry; [0016], where a first video signal is processed to produce a first output signal representing a first, or “main” video; Fig. 2 and [0021], where the first tuner tunes signals including video).
Regarding Claim 9, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the second communication channel comprises a long-distance radio connection (Mutch: Fig. 2 and [0020], where EN server 206 integrates with a SAME, specific area message encoding, capable radio receiver 231).
Regarding Claim 10, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the second receiver is in local communication with a satellite receiver (Englert: [0003], where tuner receives digital signals from satellites).
Regarding Claim 11, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the second communication channel comprises a low-rate radio connection (Mutch: Fig. 2, where EN server 206 sends and receives communication via EN SMS and CTRL SMS [low-rate radio connection).
Regarding Claim 12, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the second communication channel is a communication channel with an emergency management platform configured for sending an emergency message to the second receiver via the second communication channel in case of a catastrophic event (Englert: [0024], where auxiliary data may include emergency alert signals comprising Specific Area Message Encoding SAME data associated with the emergency event. SAME data comprises a digital code represent information such as specific geographical area affected by the emergency event, the type of emergency event, and the expiration time of the event alert. SAME data is used by the National Weather Service NWS and other authorities to improve the specificity of emergency alerts; Mutch: [0003], where the ENS interfaces with a variety of other notification systems to aggregate emergency information and convey it to the DSDs; [0020], where EN server integrates with a SAME capable radio receiver to enable reception of weather-related alerts directly from the national weather service).
Regarding Claim 13, the combined teaching of Mutch and Englert discloses the device according to claim 1, wherein the second communication channel is a communication channel with a platform configured for sending a stop message to the second receiver via the second communication channel on detection of corruption of the display device (Mutch: [0023], where the signage server 202, backup signage server 204 and DSDs 208 periodically emit heartbeat signal and listen for heartbeat signals from each other which allows for failover in the event of a problem. If signage server fails to send a heartbeat signal, the DSDs can then retrieve content from the backup signage server).
Regarding Claim 14, the combined teaching of Mutch and Englert discloses the management system for a display device comprising:
- the display device according to claim 1, (see rejection of Claim 1 above);
- an infrastructure of the operator of the display device in communication with the display device via the first communication channel, (Mutch: Fig. 2 and [0019], where Fig. 2 is a block diagram showing internal details of system components including a signage server 202; Englert: Fig. 2 and [0018], where Fig. 2 is a block diagram of television signal processing apparatus indicating tuner 230 and demodulator 240);
- a platform, in communication with the display device via the second communication channel (Mutch: Fig. 2 and [0019], where Fig. 2 is a block diagram showing internal details of system components including an EN module to receive emergency alert information; Englert: Fig. 2 and [0018], where Fig. 2 is a block diagram of television signal processing apparatus indicating a second tuner 250 and a second demodulator 260).
In regards to Claim 15, Mutch discloses a process for control of a digital display device comprising:
- receiving, by at least one first receiver of the device, at least one first content via a first communication channel (Mutch: Fig. 2 and [0019], where the signage server 202 comprises a CMS module; [0020], where in a non-emergency state, information and advertisements may be displayed on the DSDs; Fig. 4 and [0029], where a digital signage device may display advertisements);
- playing, by a first player of the device, at least one first content on at least one digital screen of the device (Mutch: Fig. 1 and [0015], where a display system comprises a plurality of digital signage displays DSDs in public places such as a university campus, hospitals, shopping malls, stadiums, military bases and other large facilities; Fig. 2 and [0019], where the signage server 202 comprises a CMS module; [0020], where in a non-emergency state, information and advertisements may be displayed on the DSDs; [0016], where the primary signage server communicates display data to the DSDs);
- receiving, by at least one receiver of the device at least one message via a second communication channel, distinct from the first communication channel (Mutch: Fig. 2 and [0019], where the signage server 202 comprises an EN module to receive emergency alert information; [0020], where in an emergency state, the signage server serves the emergency information to the appropriate DSDs);
- upon receiving the at least one message, deactivating, by a switch of the device, the playing of the at least one first content by the first player (Mutch: [0020], where when an emergency alert message is posted in an emergency system, an “emergency status activated” ESA message is used which instructs the signage server that if the EN is in an emergency state, the signage server serves the emergency information to the appropriate DSDs). But Mutch fails to explicitly disclose at least one second receiver, distinct from the at least one first receiver.
Englert from a similar endeavor teaches at least one second receiver, distinct from the at least one first receiver (Englert: [0005], where a television signal processing system has a first tuner and a second tuner; Fig. 2 and [0018], where the television signal processing apparatus comprises a first tuner 230 and a second tuner 250; Fig. 2 and [0022], where the second tuner 250 is operative to tune signals including auxiliary data signal in the second channel which enables the television signal processing apparatus to receive emergency alert signals; [0021], where first tuner 230 is operative to tune signals including audio, video and/or auxiliary sign in the first channel, i.e. tune signals for the main picture of the television signal processing apparatus)
a switch configured for deactivating playing of the at least one first content by the first player (Englert: [0005], where a switching circuit can cause the power supplied to the first tuner to be removed while causing the power to the second tuner to continue to be supplied; Fig. 2 and [0022]-[0023], where switch 215 facilitates a connection or a disconnection between the power supply and the first tuner and the second tuner while, for example, auxiliary data such as emergency alert signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mutch in view of Englert such that the message received by Mutch via an EN module (Mutch: [0019]-[0020]) can be received via a second receiver as disclosed by Englert (Englert: [0005], [0021]-[0022]). This allows the two tuners, with the first tuner receiving the main programming (Englert: [0021]) the second tuner receiving auxiliary data such as emergency alert signals (Englert: [0022]) to operate independently. Thus, extending the overall life of television signal processing apparatus, (Englert: [0005]). Second tuner technology could easily be applied to the public display signage disclosed by Mutch, (Mutch: [0015]) with expected predictable results.
Regarding Claim 16, the combined teaching of Mutch and Englert discloses the computer program comprising instructions for implementing the process according to claim 15 when this program is executed by a processor (Englert: Fig. 2 and [0018], where the television processing apparatus comprises a processor and memory 280; see rejection of Claim 15 above).
Regarding Claim 17, discloses the nonvolatile, computer-readable recording medium on which is stored a program for use by the process according to claim 15 when this program is executed by a processor (Englert: Fig. 2 and [0018], where the television processing apparatus comprises a processor and memory 280; see rejection of Claim 15 above).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutch in view of Englert as applied to claim 5 above, and further in view of HUH et al., US Pub. 2014/0313014 A1 (hereinafter Huh).
Regarding Claim 6, the combined teaching of Mutch and Englert discloses the device according to claim 5. But the combined teaching of Mutch and Englert fails to explicitly disclose, wherein the first or the second player is configured for converting a text content of the message into a video representing the content of the message, and playing the video on the screen.
Huh from a similar endeavor teaches wherein the first or the second player is configured for converting a text content of the message into a video representing the content of the message, and playing the video on the screen (Huh: [0022], where the emergency alert message processing unit may convert information of the emergency alert message into sign language video information and may perform control so that the signa language video information is played back).
There is a need for a new emergency alert propagation technology that detects an emergency and propagates an emergency alert through the digital signage terminals when an emergency occurs, (Huh: [0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined teaching of Mutch and Englert in view of Huh such that when an emergency alert message is received, the emergency-related information is converted into an emergency alert message in a format supported by an identified digital signage terminal, (Huh: [0009]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Van de Poll, US Pub. 2018/0160282 A1 teaches multiple transceivers in a device, where the device comprises communication hardware including antennas, transceivers, and cable/optical connection systems, ([0051]), such as a beacon with two cellular transceivers ([0090]), or a device comprising a WiFi antenna and a transceiver, ([0022]). Van de Poll also teaches two displays which are preferably high definition resolution (Fig. 1 and [0073]), where displays are primarily used to display static image, text, or video advertisements but may display static or video warnings or announcements, ([0074]) and where the device comprises large video displays, ([0051]).
Moriguchi et al., US Pub. 2021/0120055 A1 teach that a playback apparatus, i.e. television receiver, plays first content C1 upon receiving broadcast data X1 and when an emergency is detected, the terminal apparatus switches from acquiring operation to a second acquiring operation (Fig. 1, [0024], [0038] and [0066]). The information display terminal could be an electronic/digital signage installed in commercial facilities, ([0077]).
El-Dinary, US Pub. 2016/0165424 A1 teaches that when a digital radio broadcast receiver system is integrated with an electronic road sign, a display of the electronic road sign may be modified based on the receiver system’s detection of a broadcasted warning message, ([0086]). During an emergency, the receiver system may change source content to the emergency notification frequency and after an appropriate amount of time, the receiver system may resume prior radio source playout, ([0111]).
Johnston, US Pub. 2008/0122988 A1 teaches a multi-tuner apparatus, such as a TV, having an emergency alert function, ([0001]) where when the emergency alert function is activated, various operations are enables including one or more alert outputs to notify individuals of the emergency event, (Fig. 2 and [0026]).
Raj et al., US Pub. 2011/0169634 A1 teach that digital displays and Out-Of-Home OOH digital signage networks that are being deployed for use in advertising can also be leveraged for visual emergency communication, ([0007]). A digital signage system can provide narrowcasting information based upon a variety of characteristics such as location, time of day, or event scheduling, ([0032]).
Piccionielli et al, US Pub. 2014/0012674 A1 teach that electronic billboards are effective in providing visual information to large numbers of potential customers but needs to be inexpensive and flexible, ([0011]-[0012]).
Pugel, US Pub. 2006/0055527 A1 teaches receiving emergency alert signals at a content displaying apparatus which includes at least two tuners 23 and 25 where tuner 23 provides a main picture and tuner 25 enables a PIP function which can be used to display incoming emergency alert signals, (Fig. 2, [0039]-[0040]).
Kendall et al., US Pub. 2006/0048180 A1 teach that when a case D failure exists, a message is displayed to the user to select different geographical area and/or connect an external antenna to improve signal reception, (Fig. 13 and [0062]).
Ducey et al., US Pub. 2008/0034114 A1 teach an alert management system having a signage feature over a DTV datacast network architecture, (Fig. 10 and [0060]).
JP2012109960A [translation via Espacenet attached] teaches an electronic advertising billboard capable of transmitting an emergency earthquake warning described by voice, ([0214]). The electronic advertisement signboard 42 display the earthquake early warning which include an emergency earthquake bulleting image, (Fig. 29 and [0218]).
Public Private Partnership Case Study: Digital Billboards Deliver Emergency Messages, 04 June 2008, teaches that public-private partnerships harness high-tech billboards to inform the public about weather warnings, evacuation routes and safety-related information, (Summary).
Safer Communities with Automatic Emergency Alerts, 07 May 2019 teaches the Daktronics has integrated IPAWS emergency alerts with Venus Control Suite such that when there is an alert in an area, it automatically runs on the displays. It’s a complete, hands-free solution, (pg. 1).
Clear Channel Outdoor's Digital Billboard Networks Across the Country to Display AMBER Alerts, 03 June 2008, Clear Channel Outdoor teaches that Clear Channel Outdoor will be partnering with the Outdoor Advertising Association of America, the Justice Department and the National Center for Missing & Exploited Children NCMEC to deploy its digital billboard networks across the country to help recover abducted children through the distribution of AMBER Alerts, (pg. 1).
Examiner’s Note: The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cynthia M FOGG whose telephone number is (571)272-2741. The examiner can normally be reached Monday-Friday 7:00-3:30.
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, Nathan Flynn can be reached at (571)272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA M FOGG/Primary Examiner, Art Unit 2421
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