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 is in response to Applicant’s Request for Continued Examination filed 4/3/26 (claims filed 3/3/26) which has been entered. Claims 10 and 18 have been amended. No claims have been cancelled. Claims 1-2 and 5-7 are withdrawn. No claims have been added. Claims 10-21 and 23-25 are still pending in this application, with Claims 10 and 18 being independent.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a first interaction component configured to be accommodated in the second accommodation space and input and/or output data (claim 12 and para 0045 state the component is a wireless headset) in claims 10-11, 13-21; a third communication component configured to make a third connection with the first interaction component (para 0096 states the component may be a wireless hotspot antenna or a Bluetooth antenna) in claims 10-21; a first processing component configured to activate the third communication component (para 0099 states the component may be a chip, a field programmable gate array (FPGA), or a signal processor) in claims 13-17; a fourth communication component configured to make the third connection (para 0100 states that the component may be a wireless hotspot antenna or a Bluetooth antenna) in claims 14-17; a second processing component configured to activate the fourth communication component (para 0104 state the component may be a chip, a field programmable gate array (FPGA), or a signal processor) in claims 14-17; a first communication sub-component…configured to make the third connection (para 0108 states the components may be a Bluetooth antenna) in claims 16-17; a third communication sub-component configured to make the second connection (para 0109 states the component may be an metal contact) in claims 16-17; a first processing sub-component…configured to activate the first communication component and a second processing sub-component… configured to activate the second communication sub-component (para 0099 states the components may be a chip, a field programmable gate array (FPGA), or a signal processor) in claims 16-17; a second communication sub-component…configured to at least make a fourth connection (para 0111 state the component may be a Bluetooth antenna; a fourth communication sub-component configured to make the second connection (para 0112 state the component may be a metal contact) in claims 16-17; a fifth communication component configured to make a first connection (para 0126 states the component may be a physical contact) in claims 18-20; a sixth communication component configured to make the second connection (para 0127 states the component may be a physical contact) in claims 18-20; a fourth communication component matching the third communication component (para 0129 states that the component may be a wireless hotspot antenna or a Bluetooth antenna) in claims 19-20; a seventh communication component matching the third component (para 0130 states the component may be a wireless hotspot antenna or Bluetooth antenna and para 0131 states the component may be a Bluetooth communication circuit) in claims 19-20; a third processing component configured to…close data channel (para 0137 states the component may be a chip, a field programmable gate array (FPGA), or a signal processor) in claim 20; a second interaction component configured to input and/or output data (para 0028 states the component may be a wireless earphone and para 0135 states the component may be a speaker or video output terminal of a processing device).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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) 10-12, 18-19, 21, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al. US Publication No. 20080132293 in view of Hariharan et al. US Publication No. 201703111105 and Liebenow et al. US Publication No. 20020104028.
Referring to claim 10, Gundlach et al. teaches an expansion device comprising:
a first body (Fig. 12a: cradle 1244; Figs. 13-14 and 17c also show cradles 1344, 1444, and 1740, respectively) adapted to a first accommodation space of a processing device for accommodating the expansion device (Fig. 12b: slot 1241 of host device 1210 accommodates cradle 1244), and including a second accommodation space comprising one or more recessed grooves (Fig. 12a: space in cradle 1244 for headset 1200), and the first body being configured to be slid out from and back to the first accommodation space of the processing device along a first direction (Fig. 12b: cradle 1244 moves along length direction of slot 1241; para 0071: “As can be seen in FIG. 12b, at least a portion of, or the entirety of the cradle 1244 may be inserted into the slot. Once the headset has been charged, the cradle 1244 may be removed from the slot”);
a first interaction component configured to be accommodated in the second accommodation space and input and/or output data (Figs. 12a,b: wireless headset 1200 accommodated in space in cradle 1244; para 0058: “the wireless device 100 may include a housing 101 a microphone 102 and an earpiece 104. A speaker 105 may direct sound through the earpiece.”), wherein, when the first interaction component is accommodated in the second accommodation space, the first interaction component is completely accommodated in the one or more recessed grooves and has no part exposed outside the one or more recessed grooves (Fig. 12b: headset 1200 completely within cradle 1244 – Examiner notes that’s the top of headset 1200 is below the top of cradle 1244 and Fig. 12a shows the top of groove corresponds with the top of cradle 122, therefore, the headset 1244 is completely within groove of cradle 1244);
a first communication component configured to make a first connection with the processing device, the first communication component including a data interface for exchanging data or signals (Fig. 12a: plug 1245; para 0071: “The card may have a plug 1245 at an end capable of being engaged with or in a slot in a host device, or engaged by an adapter for providing power…The cradle may include battery charging circuitry, charge indicators, communication circuits and memory which in aggregate may provide some or all of the VOIP functionality.”; para 0050: “FIG. 17c is an exploded view of the host device, cradle and wireless device of FIG. 17b including electrical contacts in the cradle and host device for transferring power and/or data to the wireless device.”);
a second communication component configured to make a second connection with the first interaction component, the second communication component comprising one or more metal contacts, wherein the second connection is connected when the first interaction component is put in the second accommodation space and the first body is slid back to the first accommodation space, and the second connection is disconnected when the first interaction component is taken out from the second accommodation space (para 0073: “As illustrated, the cradle may include a number of electrical contacts 1324 capable of engaging electrical contacts (326 illustrated in FIG. 3) in the wireless headset.” – Examiner notes that the wireless headset will be connected to the contacts of the cradle when the wireless headset is accommodated in the cradle and when the cradle is slid back into the host device, and the wireless headset will be disconnected from the cradle when the wireless headset is taken out of the cradle.); and
a third communication component configured to make a third connection with the first interaction component (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly using various communication protocols, such as Bluetooth, 802.11, RF, etc. The host device (i.e. portable computer or cell phone) may include a transceiver for communicating with the wireless device. Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle”), wherein
the first interaction component connects with the processing device through the second connection (para 0050: “wireless device of FIG. 17b including electrical contacts in the cradle and host device for transferring power and/or data to the wireless device.”) or the third connection (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly using various communication protocols, such as Bluetooth, 802.11, RF, etc. The host device (i.e. portable computer or cell phone) may include a transceiver for communicating with the wireless device. Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle”); and wherein: the first interaction component includes a first interaction sub-component and a second interaction sub-component (Fig. 19a: first and second speakers 1956); and in response to the first body being slid out from the first accommodation space of the processing device along the first direction and the second connection being disconnected, the third connection being established between the first interaction sub-component and the processing device (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly” – Examiner notes that in order for the headset not to be engaged in a slot or recess of the host device, the cradle must have been pulled out and the headset removed.). Gundlach et al. teaches various embodiments with a headset, cradle, and host device, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply known techniques of signal input/output from one embodiment to improve that of another similar embodiment in order for each embodiment to function optimally and expand capabilities.
However, Gundlach et al. does not teach two untethered wireless earpieces and the connection process, but Hariharan et al. teaches in response to the third connection being established between the first interaction sub-component and the processing device, the second interaction sub-component makes a connection with the first interaction sub-component and connects to the processing device through the third connection (para 0032: “wirelessly connecting a wireless ear bud in a primary role with another wireless ear bud will only continue when the wireless ear bud in the primary role successfully wirelessly connects with a companion device.”); and in response to the first body being slid out from the first accommodation space of the processing device along the first direction, the second connection being disconnected and the third connection not being established between the first interaction sub- component and the processing device, or in response to the connection between the first interaction sub-component and the second interaction sub-component being disconnected, the second interaction sub-component establishes the third connection with the processing device (para 0056: “when a wireless connection between the wireless ear bud in a primary role (e.g., the right ear bud) and a wireless ear bud in a secondary role (e.g., the left ear bud) is disconnected, the wireless ear bud in the secondary role (e.g., the left ear bud) cannot find the wireless ear bud in the primary role (e.g., the right ear bud). Thus, the ear bud in the secondary role (e.g., the left ear bud) can perform an uncoordinated swap to take on the primary role.”; para 0026: “the wireless ear bud in the primary role can wirelessly connect to a companion device”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use two untethered wireless earpieces, as taught in Hariharan et al., in the device of Gundlach et al. because this eliminates the need for a wire, which can be annoying to some users. Further, a person having ordinary skill in the art before the effective filing date of the claimed invention would have had good reason to pursue the known finite options of connecting the earpieces with the base device, therefore it would have been obvious to try connecting first the primary earpiece with the base device and then connecting the primary earpiece with the secondary earpiece, as taught in Hariharan et al, in the device of Gundlach et al, as opposed to connecting the earpieces together first or connecting the earpieces and primary earpiece/base device simultaneously because all connection orders will lead to appropriately connected devices. Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform an uncoordinated roll swap, as taught in Hariharan et al., in the device of Gundlach et al. because it allows for continued use of the secondary earpiece even “if the ear bud in the primary role (e.g., the right ear bud) fails, is lost, etc.”
However, Gundlach et al. and Hariharan et al. do not the concept of a CD-ROM type device, but Liebenow et al. teaches the first body being slid out from and back to the first accommodation space of the processing device without separating from the processing device (Fig. 3: disk 26 to be inserted/removed from drawer 22 while drawer 22 is not separated from computer 10’); a first communication component configured to make a first connection with the processing device (Fig. 3: drive system 18.1 connects to computer 10’), the first communication component including a data interface for exchanging data or signals (Fig. 4: sensor 66 and controller 60 relay information between drive system 18.1 and computer 10’), the first communication component not being configured to be moved together with the first body along the first direction (Fig. 3: drive system 18.1 does not move when drawer 22 is moved away from computer 10’); a second communication component configured to make a second connection with the first interaction component, wherein the second connection is connected when the first interaction component is put in the second accommodation space and the first body is slid back to the first accommodation space(Fig. 3: drawer 22 connects with medium 26 which then connects with drive system 18.1 when medium is in drawer 26 and slid into drive system 18.1), and the second connection is disconnected when the first interaction component is taken out from the second accommodation space and the second connection is disconnected when the first body is slid out from the first accommodation space (Fig. 3: medium 26 is disconnected when removed from drawer 22 and medium 26 is disconnected when drawer 22 is slid out from drive system 18.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a CD-ROM type setup, as in Liebenow et al., in the device of Gundlach et al. and Hariharan et al. because it prevents the cradle from getting lost and allows for full connection only once the medium is safely inside the main device.
Referring to claim 11, Gundlach et al. teaches the processing device is a laptop computer, a game console, or a tablet computer (para 0002).
Referring to claim 12, Gundlach et al. teaches the expansion device is a tray holding the first interaction component; and the first interaction component is a wireless headset (Figs. 12a,b: cradle 1244 is a tray holding wireless headset 1200).
Referring to claim 18, Gundlach et al. teaches a processing device (Fig. 12b: host device 1210; Figs. 17b,c also show host device 1710) comprising:
a second body (Fig. 12b: housing of host device 1210) including a first accommodation space (Fig. 12b: slot 1241 of host device 1210);
a fifth communication component configured to make a first connection with an expansion device (para 0050: “FIG. 17c is an exploded view of the host device, cradle and wireless device of FIG. 17b including electrical contacts in the cradle and host device for transferring power and/or data to the wireless device.”); and
the expansion device including:
a first body (Fig. 12a: cradle 1244; Figs. 13-14 and 17c also show cradles 1344, 1444, and 1740, respectively) adapted to the first accommodation space, and including a second accommodation space comprising one or more recessed grooves (Fig. 12a: space in cradle 1244 for headset 1200), such that the expansion device is accommodated in the first accommodation space (Fig. 12b: slot 1241 of host device 1210 accommodates cradle 1244), and the first body being configured to be slid out from and back to the first accommodation space of the processing device along a first direction (Fig. 12b: cradle 1244 moves along length direction of slot 1241; para 0071: “As can be seen in FIG. 12b, at least a portion of, or the entirety of the cradle 1244 may be inserted into the slot. Once the headset has been charged, the cradle 1244 may be removed from the slot”);
a first communication component configured to make a first connection with the fifth communication component, the first communication component including a data interface for exchanging data or signals (Fig. 12a: plug 1245; para 0071: “The card may have a plug 1245 at an end capable of being engaged with or in a slot in a host device, or engaged by an adapter for providing power…The cradle may include battery charging circuitry, charge indicators, communication circuits and memory which in aggregate may provide some or all of the VOIP functionality.”; para 0050: “FIG. 17c is an exploded view of the host device, cradle and wireless device of FIG. 17b including electrical contacts in the cradle and host device for transferring power and/or data to the wireless device.”);
a second communication component configured to make a second connection with the first interaction component, the second communication component comprising one or more metal contacts, wherein the second connection is connected when the first interaction component is put in the second accommodation space and the first body is slid back to the first accommodation space, and the second connection is disconnected when the first interaction component is taken out from the second accommodation space (para 0073: “As illustrated, the cradle may include a number of electrical contacts 1324 capable of engaging electrical contacts (326 illustrated in FIG. 3) in the wireless headset.” – Examiner notes that the wireless headset will be connected to the contacts of the cradle when the wireless headset is accommodated in the cradle and when the cradle is slid back into the host device, and the wireless headset will be disconnected from the cradle when the wireless headset is taken out of the cradle.); and
a third communication component configured to make a third connection with the first interaction component (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly using various communication protocols, such as Bluetooth, 802.11, RF, etc. The host device (i.e. portable computer or cell phone) may include a transceiver for communicating with the wireless device. Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle”), the third communication component being configured to be moved together with the first body along the first direction (Fig. 12b: cradle 1244 moves along length direction of slot 1241; para 0081: “Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle” – Examiner notes that because the transceiver is incorporated in the cradle, it will move together with the cradle),
the first interaction component capable of being accommodated in the second accommodation space (Figs. 12a,b: wireless headset 1200 accommodated in space in cradle 1244) and including a sixth communication component configured to make the second connection with the second communication component (para 0073: “As illustrated, the cradle may include a number of electrical contacts 1324 capable of engaging electrical contacts (326 illustrated in FIG. 3) in the wireless headset.”); wherein, when the first interaction component is accommodated in the second accommodation space, the first interaction component is completely accommodated in the one or more recessed grooves and has no part exposed outside the one or more recessed grooves (Fig. 12b: headset 1200 completely within cradle 1244 – Examiner notes that’s the top of headset 1200 is below the top of cradle 1244 and Fig. 12a shows the top of groove corresponds with the top of cradle 122, therefore, the headset 1244 is completely within groove of cradle 1244); wherein the first interaction component is connected through the second connection (para 0050: “wireless device of FIG. 17b including electrical contacts in the cradle and host device for transferring power and/or data to the wireless device.”) or the third connection (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly using various communication protocols, such as Bluetooth, 802.11, RF, etc. The host device (i.e. portable computer or cell phone) may include a transceiver for communicating with the wireless device. Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle”), and the first interaction component includes a first interaction sub-component and a second interaction sub-component (Fig. 19a: first and second speakers 1956), wherein in response to detecting that the second connection is disconnected, the third connection is connected between the first interaction sub-component and the processing device, caused by the first body being slid out from the first accommodation space of the processing device along the first direction (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly” – Examiner notes that in order for the headset not to be engaged in a slot or recess of the host device, the cradle must have been pulled out and the headset removed.). Gundlach et al. teaches various embodiments with a headset, cradle, and host device, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply known techniques of signal input/output from one embodiment to improve that of another similar embodiment in order for each embodiment to function optimally and expand capabilities.
However, Gundlach et al. does not teach two untethered wireless earpieces or the connection process, but Hariharan et al. teaches in response to the third connection is connected between the first interaction sub-component and the processing device, the second interaction component sub-component makes a connection with the first interaction component sub-component and connects to the processing device through the third connection, (para 0032: “wirelessly connecting a wireless ear bud in a primary role with another wireless ear bud will only continue when the wireless ear bud in the primary role successfully wirelessly connects with a companion device.”), and in response to detecting that the second connection is disconnected and the third connection is not connected between the first interaction sub- component and the processing device, or in response to detecting that the connection between the first interaction sub-component and the second interaction sub-component is disconnected, the second interaction sub-component establishes the third connection with the processing device (para 0056: “when a wireless connection between the wireless ear bud in a primary role (e.g., the right ear bud) and a wireless ear bud in a secondary role (e.g., the left ear bud) is disconnected, the wireless ear bud in the secondary role (e.g., the left ear bud) cannot find the wireless ear bud in the primary role (e.g., the right ear bud). Thus, the ear bud in the secondary role (e.g., the left ear bud) can perform an uncoordinated swap to take on the primary role.”; para 0026: “the wireless ear bud in the primary role can wirelessly connect to a companion device”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use two untethered wireless earpieces, as taught in Hariharan et al., in the device of Gundlach et al. because this eliminates the need for a wire, which can be annoying to some users. Further, a person having ordinary skill in the art before the effective filing date of the claimed invention would have had good reason to pursue the known finite options of connecting the earpieces with the base device, therefore it would have been obvious to try connecting first the primary earpiece with the base device and then connecting the primary earpiece with the secondary earpiece, as taught in Hariharan et al, in the device of Gundlach et al, as opposed to connecting the earpieces together first or connecting the earpieces and primary earpiece/base device simultaneously because all connection orders will lead to appropriately connected devices. Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform an uncoordinated roll swap, as taught in Hariharan et al., in the device of Gundlach et al. because it allows for continued use of the secondary earpiece even “if the ear bud in the primary role (e.g., the right ear bud) fails, is lost, etc.”
However, Gundlach et al. and Hariharan et al. do not the concept of a CD-ROM type device, but Liebenow et al. teaches the first body being slid out from and back to the first accommodation space of the processing device without separating from the processing device (Fig. 3: disk 26 to be inserted/removed from drawer 22 while drawer 22 is not separated from computer 10’); a first communication component configured to make the first connection with the processing device (Fig. 3: drive system 18.1 connects to computer 10’), the first communication component including a data interface for exchanging data or signals (Fig. 4: sensor 66 and controller 60 relay information between drive system 18.1 and computer 10’), the first communication component not being configured to be moved together with the first body along the first direction (Fig. 3: drive system 18.1 does not move when drawer 22 is moved away from computer 10’); a second communication component configured to make a second connection with a first interaction component, wherein the second connection is connected when the first interaction component is put in the second accommodation space and the first body is slid back to the first accommodation space (Fig. 3: drawer 22 connects with medium 26 which then connects with drive system 18.1 when medium is in drawer 26 and slid into drive system 18.1), the second connection is disconnected when the first interaction component is taken out from the second accommodation space, and the second connection is disconnected when the first body is slid out from the first accommodation space (Fig. 3: medium 26 is disconnected when removed from drawer 22 and medium 26 is disconnected when drawer 22 is slid out from drive system 18.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a CD-ROM type setup, as in Liebenow et al., in the device of Gundlach et al. and Hariharan et al. because it prevents the cradle from getting lost and allows for full connection only once the medium is safely inside the main device.
Referring to claim 19, Gundlach et al. teaches the first interaction component further includes a fourth communication component matching the third communication component (para 0058); and the processing device further includes a seventh communication component matching the third communication component, wherein the seventh communication component is connected with the fourth communication component (para 0081).
Referring to claim 21, Gundlach et al. teaches in response to the first body being slid back to the first accommodation space, the first communication component is disposed under the first interaction component along a second direction perpendicular to the first direction (Figs. 17b,c: when cradle 1740 is in host device 1710, contacts 1724/1725 that connect cradle 1740 and host device 1710 will be below headset 1700 in the height direction, which is perpendicular to the length direction). A person having ordinary skill in the art before the effective filing date of the claimed invention would have had good reason to pursue the known finite options of locating the first communication component in relation to the first interaction component, therefore it would have been obvious to try putting connecting interfaces below the headset as in Fig. 17 as opposed to putting them elsewhere because any location of physical meeting of the cradle and host device will allow for potential placement of electrical contacts in order for communication between devices to occur.
Referring to claim 23, Gundlach et al. teaches the first interaction component includes a first earphone and a second earphone, each of the first earphone and the second earphone including a body and an earpiece; and the body of the first earphone, the earpiece of the first earphone, the earpiece of the second earphone, and the body of the second earphone are configured to be accommodated in the second accommodation space in sequence in a second direction perpendicular to the first direction (para 0082; Figs. 19a,b: earpiece and body of speakers 1956 accommodated in housing 1901 in sequence in width direction, which is perpendicular to the length direction).
Referring to claim 24, Gundlach et al. teaches the first interaction component is configured to be put in and taken out from the second accommodation space along a direction perpendicular to a direction along which the first body is configured to be slid out from and back to the first accommodation space (Fig. 12a: wireless headset is put in and taken out from cradle 1244 along height direction, which is perpendicular to the length direction of cradle).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al., Hariharan et al., and Liebenow et al., as shown in claim 10 above, and further in view of Bosch et al. US Publication No. 20110137490.
Referring to claim 13, Gundlach et al. teaches a first processing component (para 0081), however, Gundlach et al., Hariharan et al., and Liebenow et al. do not teach controlling the state of an antenna or wireless circuitry per se, however, Bosch et al. teaches a first processing component configured to activate the third communication component in response to detecting that the second connection is disconnected and to deactivate the third communication component in response to that the second connection is connected (paras 0086, 0094). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to activate the antenna when needed and deactivate the antenna when not in use, as taught in Bosch et al., in the device of Gundlach et al., Hariharan et al., and Liebenow et al. because it helps to save power and processing resources.
Referring to claim 14, Gundlach et al. teaches the first interaction component comprises: a fourth communication component configured to make the third connection with the third communication component; and a second processing component (para 0058, 0081) and Bosch et al. teaches configured to activate the fourth communication component to make the third connection with the third communication component in response to detecting that the second connection is disconnected (paras 0086, 0094). Motivation to combine is the same as in claim 13.
Referring to claim 15, Bosch et al. teaches the second processing component is further configured to deactivate the fourth communication component in response to detecting that the second connection is connected (para 0094). Motivation to combine is the same as in claim 13.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al., Hariharan et al., Liebenow et al., and Bosch et al., as shown in claims 10 and 13-14 above, and further in view of Gong et al. US Publication No. 20200007977.
Referring to claim 16, though Hariharan et al. teaches wireless interaction subcomponents (para 0032), Gundlach et al., Hariharan et al., Liebenow et al., and Bosch et al. do not teach all the details of wireless and wired components of the earpieces, but Gong et al. teaches the first interaction sub-component (Fig. 1B: first earphone 11) includes: a first communication sub-component of the fourth communication component configured to make the third connection with the third communication component (Fig. 1A: communication circuit 120 for each wireless earphone 100; para 0041); a third communication sub-component configured to make the second connection with the second communication component (para 0026); and a first processing sub-component of the second processing component (Fig. 1A: process circuit 110 for each wireless earphone 100), Bosch et al. teaches configured to activate the first communication sub-component to make the third connection with the third communication component in response to detecting that the second connection between the third communication sub-component and the second communication component is disconnected and to deactivate the first communication sub-component in response to detecting that the second connection between the third communication sub- component and the second communication component is connected (paras 0086, 0094), Gong et al. teaches and the second interaction sub-component includes (Fig. 1B: second earphone 12): a second communication sub-component of the fourth communication component (Fig. 1A: communication circuit 120 for each wireless earphone 100; para 0041) configured to at least make a fourth connection with the first communication sub- component (para 0044); a fourth communication sub-component configured to make the second connection with the second communication component (para 0026); and a second processing sub-component of the second processing component (Fig. 1A: process circuit 110 for each wireless earphone 100), and Bosch et al. teaches configured to activate the second communication sub-component to make the fourth connection with the first communication sub-component in response to detecting that the second connection between the fourth communication sub-component and the second communication component is disconnected and to deactivate the second communication sub-component in response to detecting that the second connection between the fourth communication sub-component and the second communication component is connected (paras 0086, 0094). Hariharan et al. and Gong et al. both teach two earpieces, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute in the wireless components and wired components of Gong et al. for those of Hariharan et al., in the device of Gundlach et al., Hariharan et al., Liebenow et al., and Bosch et al. so that connections can work properly between devices.
Referring to claim 17, Hariharan et al. teaches when the fourth connection between the second communication sub-component and the first communication sub-component is disconnected, the second processing sub-component is configured to activate the second communication sub-component to make the third connection (para 0056) and Gundlach et al. teaches make the third connection with the third communication component (para 0081). Motivation to combine is the same as in claim 10.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al., Hariharan et al., and Liebenow et al., as shown in claim 10 above, and further in view of Kalayjian et al. US Publication No. 20080140868.
Referring to claim 20, Gundlach et al. teaches a third processing component configured to, in response to detecting that the second connection is disconnected and the third connection is connected, data channel to the first connection to connect with the first interaction component (para 0081: “When not engaged with a slot or recess in a host device, the wireless headset may communicate with a host device wirelessly using various communication protocols, such as Bluetooth, 802.11, RF, etc. The host device (i.e. portable computer or cell phone) may include a transceiver for communicating with the wireless device. Wherein a cradle may be used, a transceiver receiver may be incorporated into the cradle”). However, Gundlach et al., Hariharan et al., and Liebenow et al. do not teach switching sound output from the base device speaker to the wireless headset per se, but Kalayjian et al. teaches a second interaction component configured to input and/or output data (Fig. 1: I/O devices 231; para 0038: “The I/O (input/output) devices 231 may include one or more of…speaker); a third processing component configured to, in response to the third connection is connected, close data channel with the second interaction component, and switch the closed data channel to the first connection to connect with the first interaction component (para 0041: “The wireless headset may transmit this sensor data through a wireless personal area network (WPAN)…In response to processing this sensor data, the wireless phone in operation 265 automatically selects a configuration (such as, for example, switching off the speaker and microphone on the wireless phone and switching on the speaker and microphone of the wireless headset)” – Examiner notes that the wireless headset communicating wirelessly with the host device can only happen once the wireless headset has established a wireless connection, therefore, the switching of audio output would be in response to a wireless connection occurring). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to switch audio to the wireless headset when the wireless headset is removed from the host device and begins communicating wirelessly with the host device, as taught in Klayjian et al., in the device of Gundlach et al., Hariharan et al., and Liebenow et al. because the removal of headset from the host device indicates an intention of use of the headset from the user, and therefore, audio would be preferred to be heard via the headset and not the host device.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlach et al., Hariharan et al., and Liebenow et al., as shown in claim 10 above, and further in view of Kowalk et al. US Publication No. 20210185424
Referring to claim 25, Gundlach et al. teaches the first interaction component includes a first earphone and a second earphone, each of the first earphone and the second earphone including a body and an earpiece; and the body of the first earphone and the body of the second earphone are configured to be accommodated at two opposite sides of the second accommodation space in a second direction perpendicular to the first direction (para 0082; Figs. 19a,b: body of speakers 1956 at opposite sides in width direction, which is perpendicular to the length direction of cradle). However, Gundlach et al., Hariharan et al., and Liebenow et al. do not teach the earpieces of the earphones being at opposite sides in a direction perpendicular to a direction in which the bodies of the earphones are opposite, but Kowalk et al. teaches the earpiece of the first earphone and the earpiece of the second earphone are configured to be accommodated at two opposite sides of the second accommodation space in a direction (Fig. 2: earpieces of earphones at opposite sides in a direction perpendicular to direction in which the bodies of the earphones are opposite). When the earpieces are oriented relative to one another as in Kowalk et al. in the device of Gundlach et al., they will be at two opposite sides of the second accommodation space in the first direction. Both Gundlach et al. and Kowalk et al. teach earpiece setups in a tray, therefore it would have been obvious to substitute in orienting the earpieces relative to one another, as shown in Kowalk et al., for that of Gundlach et al. in the device of Gundlach et al., Hariharan et al., and Liebenow et al. because both setups allow for compact storage of the earphones.
Response to Arguments
Applicant's arguments filed 3/3/26 have been fully considered but they are not persuasive.
Applicant states in para 1 under the heading “Claim Interpretation under 35 U.S.C. 112(f)” on page 14 of the remarks:
“Applicant respectfully traverses the interpretation of "first interaction component,""first communication component,""second communication component,""third communication component,""first processing component,""fourth communication component,""second processing component,""first communication sub-component,""third communication sub- component,""first processing sub-component,""second processing sub-component,""second communication sub-component,""fourth communication sub-component,""fifth communication component,""sixth communication component,""seventh communication component,""second interaction component," and "third processing component" in claims 10-21 under 35 U.S.C. § 112(f). Applicant respectfully submits that these terms when read in light of the specification connote sufficient structure to one of ordinary skill in the art, and requests that the Office interpret these terms by giving them their broadest reasonable interpretation that is consistent with their plain meaning in light of the specification as understood by one of ordinary skill in the art.”
Examiner respectfully disagrees. Limitations from the specification are only imported into the claims if there is a special definition (see MPEP 2111.01 II). In this case, there is not a special definition given in the disclosure for the terms above. 112(f) is invoked based upon the claim language. The noted claim limitations invoke a 112(f) interpretation simply due to a means-plus-function-type language used in the claims.
Applicant states in para 2 of page 16 of the remarks:
“Gundlach is directed to a collapsible wireless headset. Gundlach, Abstract. Without acquiescing to the Office's assertions, Applicant respectfully notes that Gundlach discloses at FIGs. 12a and 12b, and [0075] that "the remainder of the wireless headset may remain exposed within the recess and may, therefore, form a portion of the card surface itself."(Emphasis added.) That is, Gundlach fails to disclose or suggest "when the first interaction component is accommodated in the second accommodation space, the first interaction component is completely accommodated in the one or more recessed grooves and has no part exposed outside the one or more recessed grooves," as recited in amended claim 1, and actually teaches away from these features.”
Examiner respectfully disagrees. First of all, para 0075 states that the headset “may” remain exposed, therefore, this feature is not a necessary feature, and therefore, Gundlach does not teach away. Secondly, this part of the text says that “the head set may remain exposed within the recess.” The claims require that the first interaction component not be exposed outside the one or more recessed grooves. To be exposed within a groove is not the same thing as being exposed outside the groove and could possibly mean that all exposure is from within the groove, therefore once again, Gundlach does not teach away. Thirdly, Fig. 12b of Gundlach shows headset 1200 completely within cradle 1244. Fig. 12a shows a top of the recess of cradle 1244 corresponding with the top of cradle 1244. Therefore, because the top of headset 1200 is below the top of cradle 1244 in Fig, 12b, the headset must be below the top of the recess. Therefore, Gundlach teaches the first interaction component being completely accommodated in the one or more recessed grooves with no part exposed outside of the one or more recessed grooves.
Conclusion
Examiner respectfully requests, in response to this Office Action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist Examiner in prosecuting the application.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. See 37 CFR 1.111(c).
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693
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