DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
1. The amendment filed October 17, 2025 has been entered. Claims 1-33 are pending in the application.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
3. Claims 1-4, 6-9, 11-21, 23-27, and 30-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-17 of U.S. Patent No. 11,653,140 B2 in view of Schultz (U.S. Pat. No. 5,625,903 A).
Application No. 18/037,869
U.S. Pat. No. 11,653,140 B2
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground, and
wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 2. The removable acoustic module of claim 1, wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other.
Claim 2. The removeable acoustic module of claim 1, wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other.
Claim 3. The removable acoustic module of claim 1, wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a tapered surface that extends between the top side and the first side surface, and a magnetic element arranged on, in, or beneath the tapered surface to magnetically couple to the head-worn peripheral device.
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 4. The removeable acoustic module of claim 1, further comprising a magnetic element arranged on, in, or beneath the first tapered surface to magnetically couple to the head-worn peripheral device.
Claim 4. The removable acoustic module of claim 3, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 3. The removeable acoustic module of claim 1, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 6. The removable acoustic module of claim 1, wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device.
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 7. The removable acoustic module of claim 6, wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a tapered surface that extends at least partially around a periphery of the first side surface such that the tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 8. The removable acoustic module of claim 7, further comprising a magnetic element arranged on, in, or beneath the tapered surface to magnetically couple to the head-worn peripheral device.
Claim 4. The removeable acoustic module of claim 1, further comprising a magnetic element arranged on, in, or beneath the first tapered surface to magnetically couple to the head-worn peripheral device.
Claim 9. The removable acoustic module of claim 8, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 5. The removeable acoustic module of claim 4, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 11. A modular audio system comprising:
the removeable acoustic module of claim 1; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 6. A modular audio system comprising:
the removeable acoustic module of claim 1; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 12. The modular audio system of claim 11, wherein the acoustic module housing defines a first tapered surface that supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 7. The modular audio system of claim 6, wherein the first tapered surface supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 13. The modular audio system of claim 12, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 8. The modular audio system of claim 7, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 14. The modular audio system of claim 13, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Claim 9. The modular audio system of claim 8, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Claim 15. The modular audio system of claim 11, wherein the acoustic module housing comprises a pair of hook-shaped recesses, and wherein the socket includes a corresponding pair of hook-shaped protrusions that are configured to engage the hook-shaped recesses.
Claim 1. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that a component of magnetic retention force is provided in a vertical axial direction relative to ground,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 16. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other, and
wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
Claim 10. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 17. The removable acoustic module of claim 16, wherein a first component of magnetic retention force is provided in a first, horizontal axial direction and a second component of magnetic retention force is provided in a second, vertical axial direction.
Claim 11. The removable acoustic module of claim 10, wherein a first component of magnetic retention force is provided in a first, horizontal axial direction and a second component of magnetic retention force is provided in a second, vertical axial direction.
Claim 18. The removable acoustic module of claim 16, wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device.
Claim 10. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 19. The removable acoustic module of claim 18, wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a tapered surface that extends at least partially around a periphery of the first side surface such that the tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 10. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 20. The removable acoustic module of claim 19, further comprising a magnetic element arranged on, in, or beneath the tapered surface to magnetically couple to the head-worn peripheral device.
Claim 12. The removeable acoustic module of claim 10, further comprising a magnetic element arranged on, in, or beneath the first tapered surface to magnetically couple to the head-worn peripheral device.
Claim 21. The removable acoustic module of claim 20, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 13. The removeable acoustic module of claim 12, wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device.
Claim 23. A modular audio system comprising:
the removeable acoustic module of claim 16; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 14. A modular audio system comprising:
the removeable acoustic module of claim 10; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 24. The modular audio system of claim 23, wherein the acoustic module housing defines a first tapered surface that supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 15. The modular audio system of claim 14, wherein the first tapered surface supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 25. The modular audio system of claim 24, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 16. The modular audio system of claim 15, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 26. The modular audio system of claim 25, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Claim 17. The modular audio system of claim 16, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Claim 27. The modular audio system of claim 23, wherein the acoustic module housing comprises a plurality of recesses, and wherein the socket includes a corresponding plurality of protrusions that are configured to engage the plurality of recesses.
Claim 10. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 29. The removable acoustic module of claim 28, wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device.
Claim 10. A removable acoustic module comprising: an acoustic module housing configured to removably engage with a head-worn peripheral device such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear; and,
first circuitry arranged within the acoustic module housing, the first circuitry comprising acoustic circuitry and an acoustic transducer, the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear,
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other,
wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device,
wherein the acoustic module housing includes a top side, a bottom side, a first side surface, a second side surface, a first end, a second end, and a first tapered surface that extends at least partially around a periphery of the first side surface such that the first tapered surface is disposed between the first side surface and each of the top side, the first end, and the second end, and
wherein the recesses are arranged on the first tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
Claim 30. A modular audio system comprising:
the removeable acoustic module of claim 28; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 14. A modular audio system comprising:
the removeable acoustic module of claim 10; and
a head-worn peripheral device comprising a wearable eyeglass form-factor, the wearable eyeglass form-factor comprising a temple, the temple includes a socket arranged to receive and removably engage with the removable acoustic module.
Claim 31. The modular audio system of claim 30, wherein the acoustic module housing defines a first tapered surface that supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 15. The modular audio system of claim 14, wherein the first tapered surface supports a first magnetic element and wherein the socket defines a second tapered surface that supports a second magnetic element configured to magnetically couple with the first magnetic element.
Claim 32. The modular audio system of claim 31, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 16. The modular audio system of claim 15, wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
Claim 33. The modular audio system of claim 32, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Claim 17. The modular audio system of claim 16, wherein at least one of the first magnetic element and the second magnetic element comprises a plate formed of a material with high magnetic permeability.
Regarding Independent Claims 1 and 16, U.S. Patent No. 11,653,140 B2 fails to explicitly teach wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
However, Schultz teaches wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral (acoustic module 35 includes an output end [acoustic port] aligned with port 33 of the head-worn peripheral device (i.e. the ski google device) when acoustic module is inserted through slots 32 and acoustic energy is radiated from the acoustic module 35 and through the head-worn peripheral, Figs. 1 and 2, Col. 3, Lns. 32-51).
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 removable acoustic module (as taught by U.S. Patent No. 11,653,140 B2) to include aligning the acoustic port of the acoustic module with a port in the head-worn peripheral device (as taught by Schultz). Doing so optimizes audio delivery and enhances sound quality.
This is a nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-5, 10-13, 16, 17, 22-25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes"), and further in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz").
Regarding Claim 1, Woo teaches a removable acoustic module (Bluetooth receiver 20, Figs. 1-3, Para. [0025]) comprising: an acoustic module housing (Bluetooth receiver 20, Figs. 1 and 2) configured to removably engage with a head-worn peripheral device (eyeglass 10 that allows Bluetooth receiver 20 can be firmly fixed while being easily attached and detached, Fig. 1, Para. [0025]) such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]); and,
first circuitry arranged within the acoustic module housing (Bluetooth receiver 20 circuitry), the first circuitry comprising acoustic circuitry (Bluetooth receiver 20 acoustic signals receiving circuit) and an acoustic transducer (earphone 22, Figs. 1-4), the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]),
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device (inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20 so that the Bluetooth receiver 20 can be maintained in a fixed state without shaking, Para. [0029]).
Woo fails to explicitly teach such that a component of magnetic retention force is provided in a vertical axial direction relative to ground, and
wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
However, Kennes teaches such that a component of magnetic retention force is provided in a vertical axial direction relative to ground (Para. [0289] teaches magnetically coupling between two elements with a vertical axial direction retention force relative to the ground; see Fig. 6X).
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 removable acoustic module (as taught by Woo) to include a magnetic retention force provided in a vertical axial direction relative to ground (as taught by Kennes). Doing so creates a stronger magnetic force between coupled elements (Kennes Para. [0289]).
However, Schultz teaches wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral (acoustic module 35 includes an output end [acoustic port] aligned with port 33 of the head-worn peripheral device (i.e. the ski google device) when acoustic module is inserted through slots 32 and acoustic energy is radiated from the acoustic module 35 and through the head-worn peripheral, Figs. 1 and 2, Col. 3, Lns. 32-51).
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 removable acoustic module (as taught by Woo in view of Kennes) to include aligning the acoustic port of the acoustic module with a port in the head-worn peripheral device (as taught by Schultz). Doing so optimizes audio delivery and enhances sound quality.
Regarding Claim 2, Woo in view of Kennes and further in view of Schultz teach wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other (Kennes, first magnet apparatus includes a first portion that generates a first flux that is more aligned with an axial direction of the device (e.g., one of the portions that have the N-S axis aligned in the vertical) and a second portion that generates a second flux that is more aligned with a direction normal to the axial direction (e.g., the portion in the center, having the S-N axis aligned horizontally, Fig. 6X, Para. [0289]).
Regarding Claim 3, Woo in view of Kennes and further in view of Schultz teach wherein the acoustic module housing includes a top side (Woo, Figs. 2 and 3), a bottom side (Woo, Figs. 2 and 3), a first side surface (Woo, Figs. 2 and 3), a second side surface (Woo, Figs. 2 and 3), a first end (Woo, Figs. 2 and 3), a second end (Woo, Figs. 2 and 3), and a tapered surface that extends between the top side and the first side surface (Woo, Figs. 2 and 3), and a magnetic element arranged on, in, or beneath the tapered surface to magnetically couple to the head-worn peripheral device (Woo, inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20, Para. [0029]).
Regarding Claim 4, Woo in view of Kennes and further in view of Schultz teach wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device (Kennes, Fig. 2, Paras. [0070] and [0071] teach the use of permanent magnet).
Regarding Claim 5, Woo in view of Kennes and further in view of Schultz teach wherein the acoustic module housing further comprises a recess or a protrusion arranged to engage the other of a recess or a protrusion of the head-worn peripheral device when the acoustic module is coupled to the head-worn peripheral device (Woo, a connecting member 11 is formed in a protruding shape along the outer shape of the Bluetooth receiver 20 so as to wrap around the upper and lower parts of the Bluetooth receiver 20 and firmly connect the Bluetooth receiver 20, Fig. 2, Para. [0026]).
Regarding Claim 10, Woo in view of Kennes and further in view of Schultz fails to explicitly teach wherein the acoustic module housing comprises a plurality of recesses that are arranged to engage a corresponding plurality of projections on the head-worn peripheral device so as to inhibit rotation of the acoustic module away from the head-worn peripheral device once the acoustic module has been coupled to the head-worn peripheral device.
However, Woo teaches an obvious equivalent by providing a plurality of recesses (groove 11 and 15, Fig. 2) to engage corresponding projections of the acoustic module (Paras. [0028] - [0030]), and further provides retaining feature so as to inhibit rotation of the acoustic module away from the head-worn peripheral device once the acoustic module has been coupled to the head-worn peripheral device (the fixture 12' formed in the fixture body 12 is received into the fixture insertion groove 21 formed in the Bluetooth receiver 20, and the Bluetooth receiver 20 is guided to the position of the coupling groove 11', Figs. 2-4, Para. [0035]; inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20 so that the Bluetooth receiver 20 can be maintained in a fixed state without shaking, Para. [0029]; see also Figs. 1-3 and Para. [0038]).
Regarding Claim 11, Woo in view of Kennes and further in view of Schultz teach a head-worn peripheral device comprising a wearable eyeglass form-factor (Woo, eyeglass 10, Fig. 1), the wearable eyeglass form-factor comprising a temple (Woo, Figs. 1 and 2), the temple includes a socket (Woo, groove 11, Fig. 2) arranged to receive and removably engage with the removable acoustic module (Woo, eyeglass 10 that allows Bluetooth receiver 20 can be firmly fixed while being easily attached and detached, Fig. 1, Para. [0025]).
Regarding Claim 12, Woo in view of Kennes and further in view of Schultz teach wherein the acoustic module housing defines a first tapered surface that supports a first magnetic element (Woo, Figs. 2 and 3, Para. [0038]) and wherein the socket defines a second tapered surface that supports a second magnetic element (Woo, Fig. 2, Para. [0038]) configured to magnetically couple with the first magnetic element (Woo Fig. 1, Para. [0038]).
Regarding Claim 13, it is similarly rejected as Claim 4.
Regarding Claim 16, Woo teaches a removable acoustic module (Bluetooth receiver 20, Figs. 1-3, Para. [0025]) comprising: an acoustic module housing (Bluetooth receiver 20, Figs. 1 and 2)configured to removably engage with a head-worn peripheral device (eyeglass 10 that allows Bluetooth receiver 20 can be firmly fixed while being easily attached and detached, Fig. 1, Para. [0025]) such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]); and,
first circuitry arranged within the acoustic module housing (Bluetooth receiver 20 circuitry), the first circuitry comprising acoustic circuitry (Bluetooth receiver 20 acoustic signals receiving circuit) and an acoustic transducer (earphone 22, Figs. 1-4), the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]),
wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device (inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20 so that the Bluetooth receiver 20 can be maintained in a fixed state without shaking, Para. [0029]).Woo fails to explicitly teach such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other, and
wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
However, Kennes teaches such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other (first magnet apparatus includes a first portion that generates a first flux that is more aligned with an axial direction of the device (e.g., one of the portions that have the N-S axis aligned in the vertical) and a second portion that generates a second flux that is more aligned with a direction normal to the axial direction (e.g., the portion in the center, having the S-N axis aligned horizontally), Fig. 6X, Para. [0289]; Kennes teaches coupling between elements such that, in a resting, coupled position, respective components of magnetic retention force are provided in at least two axial directions that are orthogonal to each other).
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 removable acoustic module (as taught by Woo) to include a magnetic retention force provided in at least two axial directions that are orthogonal to each other (as taught by Kennes). Doing so creates a stronger magnetic force between coupled elements (Kennes Para. [0289]).
However, Schultz teaches wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral (acoustic module 35 includes an output end [acoustic port] aligned with port 33 of the head-worn peripheral device (i.e. the ski google device) when acoustic module is inserted through slots 32 and acoustic energy is radiated from the acoustic module 35 and through the head-worn peripheral, Figs. 1 and 2, Col. 3, Lns. 32-51).
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 removable acoustic module (as taught by Woo in view of Kennes) to include aligning the acoustic port of the acoustic module with a port in the head-worn peripheral device (as taught by Schultz). Doing so optimizes audio delivery and enhances sound quality.
Regarding Claim 17, Woo in view of Kennes and further in view of Schultz teach wherein a first component of magnetic retention force is provided in a first, horizontal axial direction and a second component of magnetic retention force is provided in a second, vertical axial direction (Kennes, first magnet apparatus includes a first portion that generates a first flux that is more aligned with an axial direction of the device (e.g., one of the portions that have the N-S axis aligned in the vertical) and a second portion that generates a second flux that is more aligned with a direction normal to the axial direction (e.g., the portion in the center, having the S-N axis aligned horizontally), Fig. 6X, Para. [0289]).
Regarding Claim 22, it is similarly rejected as Claim 10.
Regarding Claim 23, it is similarly rejected as Claim 11.
Regarding Claim 24, it is similarly rejected as Claim 12.
Regarding Claim 25, it is similarly rejected as Claim 4.
Regarding Claim 27, it is similarly rejected as Claim 10.
6. Claims 6, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes") in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz"), and further in view of Jackson et al. (U.S. Pub. No. 2007/0201000 A1, hereinafter "Jackson").
Regarding Claim 6, Woo in view of Kennes, and further in view of Schultz fail to explicitly teach wherein the acoustic module housing comprises a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions on the head-worn peripheral device.
However, Jackson teaches a pair of hook-shaped recesses that are configured to engage a corresponding pair of hook-shaped protrusions (the left temple 18 has the cavity 30 formed in it sized to snuggly receive the BlueTooth device 32 or to receive a cover plate. At opposite ends of the cavity 30 are slots 100 and 102. The slots 100 and 102 are sized to frictionally engage ears or tabs 106 and 108 of the cover plate 90 as well as the tabs 110, 112, 114, and 116 of the audio means such as BlueTooth device 32 or 32A, Figs. 1-14, Para. [0050]).
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 removable acoustic module (as taught by Woo in view of Kennes, and further in view of Schultz) to include hook-shaped recesses configured to engage a corresponding pair of hook-shaped protrusions (as taught by Jackson). Doing so will allow for a strong interlock ensuring acoustic module remains securely engaged.
Regarding Claim 15, it is similarly rejected as Claim 6.
Regarding Claim 18, it is similarly rejected as Claim 6.
7. Claims 7-9 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes") in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz") in view of Jackson et al. (U.S. Pub. No. 2007/0201000 A1, hereinafter "Jackson"), and further in view of Chen (Chinese Pub. No. CN 102761799 A).
Regarding Claim 7, Woo in view of Kennes in view of Schultz, and further in view of Jackson fail to explicitly teach wherein the recesses are arranged on the tapered surface in regions between the first side surface and upper portions of the first end and the second end, respectively, of the acoustic module housing.
However, Chen teaches a tapered surface with a recess (tapered surface 122 with recess 125, Fig. 2, Para. [0030]).
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 removable acoustic module (as taught by Woo in view of Kennes in view of Schultz, and further in view of Jackson) to include a tapered surface with recesses (as taught by Chen). Doing so will allow for a strong interlock ensuring acoustic module remains securely engaged.
Regarding Claim 8, Woo in view of Kennes in view of Schultz in view of Jackson, and further in view of Chen teach further comprising a magnetic element arranged on, in, or beneath the tapered surface to magnetically couple to the head-worn peripheral device (Woo, Bluetooth receiver 20 has a tapered edge and a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20, Figs. 2 and 3).
Regarding Claim 9, Woo in view of Kennes in view of Schultz in view of Jackson, and further in view of Chen teach wherein the magnetic element comprises a permanent magnet or a material with high magnetic permeability for magnetically coupling to the head-worn peripheral device (Kennes, Fig. 2, Paras. [0070] and [0071] teach the use of permanent magnet).
Regarding Claim 19, it is similarly rejected as Claim 7.
Regarding Claim 20, it is similarly rejected as Claim 8.
Regarding Claim 21, it is similarly rejected as Claim 9.
8. Claims 14, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes") in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz"), and further in view of Belbey et al. (U.S. Pub. No. 2013/0250232 A1, hereinafter "Belbey").
Regarding Claim 14, Woo in view of Kennes, and further in view of Schultz fail to explicitly teach a material with high magnetic permeability.
However, Belbey teaches a material with high magnetic permeability (the detachable module 104 further includes a sheet 174 (e.g., a cylindrical wafer) having high magnetic permeability, See Figs. 1-5 and 12, Para. [0093]).
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 removable acoustic module (as taught by Woo in view of Kennes, and further in view of Schultz) to include a material with high magnetic permeability (as taught by Belbey). Doing so will allow for a strong coupling ensuring acoustic module remains securely engaged.
Regarding Claim 26, it is similarly rejected as Claim 14.
9. Claims 28-31 are rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz").
Regarding Claim 28, Woo teaches a removable acoustic module (Bluetooth receiver 20, Figs. 1-3, Para. [0025]) comprising: an acoustic module housing (Bluetooth receiver 20, Figs. 1 and 2)configured to removably engage with a head-worn peripheral device (eyeglass 10 that allows Bluetooth receiver 20 can be firmly fixed while being easily attached and detached, Fig. 1, Para. [0025]) such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]); and,
first circuitry arranged within the acoustic module housing (Bluetooth receiver 20 circuitry), the first circuitry comprising acoustic circuitry (Bluetooth receiver 20 acoustic signals receiving circuit) and an acoustic transducer (earphone 22, Figs. 1-4), the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear (an earphone 22 is provided to convert an electrical signal transmitted to the Bluetooth receiver 20 into sound and transmit it to the user, Para. [0032]).
Woo fails to explicitly teach wherein the acoustic module housing comprises a plurality of recesses that are arranged to engage a corresponding plurality of projections on the head-worn peripheral device so as to inhibit rotation of the acoustic module away from the head-worn peripheral device once the acoustic module has been engaged with the head-worn peripheral device, and
wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral.
However, Woo teaches an obvious equivalent by providing a plurality of recesses (groove 11 and 15, Fig. 2) to engage corresponding projections of the acoustic module (Paras. [0028] - [0030]), and further provides retaining feature so as to inhibit rotation of the acoustic module away from the head-worn peripheral device once the acoustic module has been coupled to the head-worn peripheral device (the fixture 12' formed in the fixture body 12 is received into the fixture insertion groove 21 formed in the Bluetooth receiver 20, and the Bluetooth receiver 20 is guided to the position of the coupling groove 11', Figs. 2-4, Para. [0035]; inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20 so that the Bluetooth receiver 20 can be maintained in a fixed state without shaking, Para. [0029]; see also Figs. 1-3 and Para. [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the removable acoustic module (as taught by Woo) to also include the recesses arranged to engage corresponding projections on the head-worn peripheral device to inhibit rotation of the acoustic module away from the head-worn device (as taught by Woo). Doing so keeps the acoustic module firmly secured to the glasses preventing loss of the acoustic module (Woo Para. [0018]).
However, Schultz teaches wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral (acoustic module 35 includes an output end [acoustic port] aligned with port 33 of the head-worn peripheral device (i.e. the ski google device) when acoustic module is inserted through slots 32 and acoustic energy is radiated from the acoustic module 35 and through the head-worn peripheral, Figs. 1 and 2, Col. 3, Lns. 32-51).
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 removable acoustic module (as taught by Woo) to include aligning the acoustic port of the acoustic module with a port in the head-worn peripheral device (as taught by Schultz). Doing so optimizes audio delivery and enhances sound quality.
Regarding Claim 29, Woo in view of Schultz teach wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device (Woo, inner surface of the coupling home 11' is provided with a magnet 13 that is attached to a magnetic attachment plate 24 formed on one side of the Bluetooth receiver 20 so that the Bluetooth receiver 20 can be maintained in a fixed state without shaking, Para. [0029]).
Regarding Claim 30, Woo in view of Schultz teach a head-worn peripheral device comprising a wearable eyeglass form-factor (Woo, eyeglass 10, Fig. 1), the wearable eyeglass form-factor comprising a temple (Woo, Figs. 1-2), the temple includes a socket (Woo, groove 11, Fig. 2) arranged to receive and removably engage with the removable acoustic module (Woo, eyeglass 10 that allows Bluetooth receiver 20 can be firmly fixed while being easily attached and detached, Fig. 1, Para. [0025]).
Regarding Claim 31, Woo in view of Schultz teach wherein the acoustic module housing defines a first tapered surface that supports a first magnetic element (Woo, acoustic module 20 has a tapered side with a magnetic attachment plate 24, Figs. 2 and 3, Para. [0038]) and wherein the socket defines a second tapered surface that supports a second magnetic element (Woo, tapered surface of socket 11’ has a magnet 13, Fig. 2, Para. [0038]) configured to magnetically couple with the first magnetic element (Woo, Fig. 1, Para. [0038]).
10. Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz"), and further in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes").
Regarding Claim 32, Woo in view of Schultz fail to explicitly teach wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet.
However, Kennes teaches wherein at least one of the first magnetic element and the second magnetic element comprises a permanent magnet (Kennes, Fig. 2, Paras. [0070] and [0071] teach the use of permanent magnet).
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 removable acoustic module (as taught by Woo in view of Schultz) to include the use of permanent magnet (as taught by Kennes). Doing so keeps the acoustic module firmly secured to the glasses preventing loss of the acoustic module.
11. Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Woo (WIPO Pub. No. WO 2019/031624 A1) in view of Schultz et al. (U.S. Pat. No. 5,625,903 A, hereinafter "Schultz") in view of Kennes et al. (U.S. Pub. No. 2019/0239007 A1, hereinafter "Kennes"), and further in view of Belbey et al. (U.S. Pub. No. 2013/0250232 A1, hereinafter "Belbey").
Regarding Claim 33, Woo in view of Schultz, and further in view of Kennes fails to explicitly teach a material with high magnetic permeability.
However, Belbey teaches a material with high magnetic permeability (the detachable module 104 further includes a sheet 174 (e.g., a cylindrical wafer) having high magnetic permeability, See Figs. 1-5 and 12, Para. [0093]).
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 removable acoustic module (as taught by Woo in view of Schultz, and further in view of Kennes) to include a material with high magnetic permeability (as taught by Belbey). Doing so will allow for a strong coupling ensuring acoustic module remains securely engaged.
Response to Arguments
12. Applicant's arguments filed October 17, 2025 have been fully considered but they are not persuasive.
Regarding independent Claims 1, 16, and 28, Applicant argues (see applicant’s remark page 12), applicant has amended the independent claims to recite, in pertinent part, "wherein the acoustic module housing includes an acoustic port that is arranged to align with another acoustic port in the head-worn peripheral device when the acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral." The applied art is not understood to disclose or suggest at least these features of applicants claims. Nor would it have been obvious to modify the cited art to arrive at the applicant's invention as now more clearly claimed. Accordingly, the independent claims, as amended, are believed to be patentable over the applied art. All of the dependent claims are patentable for at least the reasons for which the claims on which they depend are patentable.
In response to applicant’s argument, independent Claims 1 and 16 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes, and further in view of Schultz.
Woo teaches a removable acoustic module (Figs. 1-3, Para. [0025]) comprising: an acoustic module housing (Figs. 1 and 2) configured to removably engage with a head-worn peripheral device (Fig. 1, Para. [0025]) such that, when engaged with the head-worn peripheral device, the removable acoustic module is arranged to provide acoustic energy proximate a user's ear (Para. [0032]); and, first circuitry arranged within the acoustic module housing (Bluetooth receiver 20 circuitry), the first circuitry comprising acoustic circuitry (Bluetooth receiver 20 acoustic signals receiving circuit) and an acoustic transducer (Figs. 1-4), the acoustic circuitry arranged to produce a first electrical signal, the first electrical signal utilized by the acoustic transducer to produce the acoustic energy proximate the user's ear (Para. [0032]), wherein the acoustic module housing is arranged to magnetically couple to the head-worn peripheral device (Para. [0029]).
Kennes teaches such that a component of magnetic retention force is provided in a vertical axial direction relative to ground (Para. [0289], Fig. 6X).
Schultz teaches wherein the acoustic module housing includes an acoustic port that is arranged to align with an other acoustic port in the head-worn peripheral device when the removable acoustic module is engaged with the head-worn peripheral device such that acoustic energy is radiated from the acoustic module housing and through the head-worn peripheral (Figs. 1 and 2, Col. 3, Lns. 32-51).
The combination of the teachings of Woo in view of Kennes, and further in view of Schultz renders independent Claims 1 and 16 obvious.
The rejections of Claims 1 and 16 under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes, and further in view of Schultz are maintained.
Independent Claim 28 has been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz.
The combination of the teachings of Woo in view of Schultz renders independent Claim 28 obvious.
The rejection of Claim 28 under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz is maintained.
Dependent Claims 2-5, 10-13, 17, 22-25, and 27 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes, and further in view of Schultz.
The rejections of Claims 2-5, 10-13, 17, 22-25, and 27 under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes, and further in view of Schultz are maintained.
Dependent Claims 6, 15, and 18 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz, and further in view of Jackson.
The rejections of Claims 6, 15, and 18 under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz, and further in view of Jackson are maintained.
Dependent Claims 7-9 and 19-21 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz in view of Jackson, and further in view of Chen.
The rejections of Claims 7-9 and 19-21 under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz in view of Jackson, and further in view of Chen are maintained.
Dependent Claims 14 and 26 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz, and further in view of Belbey.
The rejections of Claims 14 and 26 under 35 U.S.C. 103 as being unpatentable over Woo in view of Kennes in view Schultz, and further in view of Belbey are maintained.
Dependent Claims 29-31 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz.
The rejections of Claims 29-31 under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz are maintained.
Dependent Claim 32 has been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz, and further in view of Kennes.
The rejection of Claim 32 under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz, and further in view of Kennes is maintained.
Dependent Claim 33 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz in view of Kennes, and further in view of Belbey.
The rejection of Claim 33 under 35 U.S.C. 103 as being unpatentable over Woo in view of Schultz in view of Kennes, and further in view of Belbey is maintained.
Conclusion
13. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691