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. This action is in response to communication filed 07/31/2025. The amendment filed 07/31/2025 has been entered. Claims 1, 2-6, 9, and 10 are pending. Claims 7 and 8 are cancelled.
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 1, 3-6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (Int. Pub. No. WO 2022/219405 A1, hereinafter “Wexler”) in view of Pine et al. (U.S. Patent No. 10,827,249 B1, hereinafter “Pine”) in view of Akkaya et al. (U.S. Pub. No. 2021/0258457 A1, hereinafter “Akkaya”), and further in view of Chang et al. (U.S. Pub. No. 2017/0195769 A1, hereinafter "Chang").
Regarding Claim 1, Wexler teaches a wireless earphone (wireless earphone 1710, 2600, Figs. 17A, 26, 27A-E and 28, Para. [0219]) comprising:
- an earbud casing (earbud casing 2710, Figs. 17A, 26, 27A-E, Para. [0226]);
- a camera module located in the earbud casing (an image sensor 2620, Figs. 26, 27A, 27B, 27C, 27E, and 28, Para. [0221]), the camera module being configured to obtain images captured by at least one near-infrared camera incorporated into the earbud casing (image sensor 2620 for capturing image data is similar to image sensor 220, Fig. 26, Para. [0221]; image sensor 220 captures real-time image data in the near-infrared spectrum, Paras. [0055] and [0092]), wherein at least two of the near-infrared cameras are synchronized to capture depth image data (near-infrared cameras 2620 and 2820 may be synchronized to capture depth image data, Paras. [0240]-[0242]);
- a microcontroller located within the earbud casing (earbud 2600 may include a processor 2610 within earbud casing, Fig. 26, Para. [0219]), the microcontroller being configured to obtain information extracted from the captured images using computer vision (the processor 216 can obtain information by performing computer vision tasks such as analyzing lip movements, Para. [0220]) and the microcontroller being a microcontroller unit, MCU communicated with one on-chip antenna located in the earbud casing to provide a wireless communication interface which is a Wi-Fi communication interface or a Bluetooth communication interface (earphone device 2600 may further include a wireless transceiver 2630, which may use any known standard to transmit and/or receive data (e.g., Wi-Fi, Bluetooth?, Bluetooth Smart, 802.15.4, or ZigBee), Fig. 26, Para. [0223]), and the microcontroller being further configured to send the captured images in real-time through the wireless Wi-Fi communication interface (wireless transceiver 2630 may transmit data (e.g., raw image data, processed image data, extracted information) from hearing interface device 2600, Para. [0223]);
- a microphone and a speaker both located within the earbud casing (earphone device 2600 may include a speaker 2640 and a microphone 2660 within earbud casing, Fig. 26, Paras. [0219] and [0224]);
-a rechargeable battery located entirely within the earbud casing and configured to supply operating power to the low-power MCU, the camera module, the Wi-Fi or the Bluetooth module, the microphone, and the speaker (earphone 2600 has a rechargeable battery which provides power to all the components within casing 2710, Para. [0229]).
Wexler fails to explicitly teach an earbud casing sized and shaped for full in-ear insertion;
- a camera module located in the earbud casing, the camera module being configured to obtain images captured by at least one near-infrared camera and using at least one near-infrared light source, the at least one near-infrared camera and the at least one corresponding pulsed near-infrared light source being incorporated into the earbud casing, each near-infrared camera being paired with the corresponding pulsed near-infrared light source;
and the microcontroller being a low-power microcontroller unit;
- a low-power Wi-Fi module or a low-power Bluetooth module located in the earbud casing, configured to receive audio information and to play the received audio in the speaker.
However, Pine teaches an earbud casing sized and shaped for full in-ear insertion (earbud that fit within the ear or ear canal of a user, Figs. 1-4. Col. 3, Lns. 7-32);
- a low-power Wi-Fi module or a low-power Bluetooth module located in the earbud casing, configured to receive audio information and to play the received audio in the speaker (Bluetooth Low Energy (BLE) module, Fig. 25, Col. 4, Lns. 40-67, Col. 27, Ln. 60 thru Col. 28 Ln. 8).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the earphone (as taught by Wexler) to include a earbud casing for in-ear insertion and low-power Bluetooth module located in the earbud casing (as taught by Pine). Doing so enables transmitting and receiving data using a low power method of communication thereby conserving battery power.
However, Akkaya teaches the camera module being configured to obtain images captured by at least one near-infrared camera and using at least one near-infrared light source (an example imaging system 200 (camera), Figs. 2A-2C, Para. [0016]; a steerable illumination source 214 may be configured to selectively emit active illumination to illuminate the scene 202. The steerable illumination source 214 may include a solid-state laser or a LED operating in the near-infrared or infrared (IR) range (˜850 nm) to emit active IR light, Para. [0023]), the at least one near-infrared camera and the at least one corresponding pulsed near-infrared light source being incorporated into the earbud casing (Para. [0036]), each near-infrared camera being paired with the corresponding pulsed near-infrared light source (near-infrared camera is paired with pulsed near-infrared light source, Figs. 2A-2C, Paras. [0016]-[0023]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the earphone (as taught by Wexler in view of Pine) to include pulsed near-infrared light source paired with near-infrared camera (as taught by Akkaya). Doing so will enable a zoned arrangement that produces an active illumination light having a smaller angular extent than the field of view, and thereby provide a greater power density for the same peak power of the active illumination relative to full-field imaging (Akkaya Para. [0025]).
However, Chang teaches the microcontroller being a low-power microcontroller unit (ultra -low power processor, Figs. 2, 7, Para. [0019]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the earphone (as taught by Wexler in view of Pine, and in view of Akkaya) to include a low-power microcontroller unit (as taught by Chang). Doing so will allow the earphone to have a prolonged battery lifetime (Chang Para. [0019]).
Regarding Claim 3, Wexler in view of Pine in view of Akkaya, and further in view of Chang teaches wherein the Bluetooth module comprises a Bluetooth microcontroller unit and a Bluetooth antenna (Pine, architecture 2500 of a wireless earbud with a Bluetooth interface 2502 (e.g., SoC) and Bluetooth antenna 2504, Fig. 25, Col. 27, Ln. 60 thru Col. 28, Ln. 8), the Bluetooth microcontroller unit connected to both the microphone and the speaker (Pine, see Fig. 25 for connection of Bluetooth interface 2502 to in-ear microphone(s) 2520 and loudspeaker(s) 2524), and the Bluetooth antenna connected to the Bluetooth microcontroller unit (Pine, Bluetooth antenna 2504 (e.g., the antenna 200) coupled to the Bluetooth interface 2502, Fig. 25, Col. 28, Lns. 3-5).
Regarding Claim 4, Wexler in view of Pine in view of Akkaya, and further in view of Chang teaches wherein the microcontroller is further configured to provide image processing of the captured images by using computer vision (Wexler, the processor 216 can obtain information by performing computer vision tasks such as analyzing lip movements, Para. [0220]).
Regarding Claim 5, Wexler in view of Pine in view of Akkaya, and further in view of Chang teaches wherein the microcontroller is further configured to communicate, through the Wi-Fi communication interface (Wexler, earphone device 2600 may be similar to hearing interface device 1710 but may integrate various components from wearable apparatus 110 into the same housing, Para. [0219]; apparatus 110 can also connect to computing device 120 over network 240 via any known wireless standard (e.g., Wi-Fi, Bluetooth?, etc.), Para. [0066]), with an external guest device providing image processing by computer vision, to obtain at least part of the information extracted from the captured images (Wexler, external device 120 includes a processor 540 configured to extract information from captured image data. The term “extracting information” includes any process by which information associated with objects, individuals, locations, events, etc., is identified in the captured image data by any means known to those of ordinary skill in the art, Para. [0097]).
Regarding Claim 6, Wexler in view of Pine in view of Akkaya, and further in view of Chang teaches wherein the microcontroller is further configured to communicate, through the Wi-Fi communication interface, with a headset for virtual reality and/or augmented reality applications, and further configured to send the obtained information from the images captured by the at least one near-infrared camera of the earphone to the headset (Wexler, earphone 2600 may be similar to earphone 1710 and may integrate components from wearable apparatus 110 into the same housing, Para. [0219]; processor 210 may also control feedback outputting unit 230 to provide feedback to user 100 including information based on the analyzed image data, Para. [0063]; feedback outputting unit 230 may produce a visible output of information to user 100, for example, as part of an augmented reality display projected onto a lens of glasses 130, or provided via a separate heads up display such as a display 260 provided as part of computing device 120, which may include an augmented reality device, a virtual reality device, a smartphone, PC, table, etc., Para. [0065]; computing device 120 connects over network 240 via any known wireless standard (e.g., Wi-Fi, Bluetooth?, etc.), Para. [0066]).
Regarding Claim 10, Wexler in view of Pine in view of Akkaya, and further in view of Chang teaches wherein the near-infrared light source comprises at least one near-infrared light emitting diode (Akkaya, the steerable illumination source 214 may include a solid-state laser or a LED operating in the near-infrared or infrared (IR) range (˜850 nm) to emit active IR light, Para. [0023]).
4. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (Int. Pub. No. WO 2022/219405 A1, hereinafter “Wexler”) in view of Pine et al. (U.S. Patent No. 10,827,249 B1, hereinafter “Pine”) in view of Akkaya et al. (U.S. Pub. No. 2021/0258457 A1, hereinafter “Akkaya”) in view of Chang et al. (U.S. Pub. No. 2017/0195769 A1, hereinafter "Chang"), and further in view of Preiszler et al. (U.S. Pub. No. 2013/0273851).
Regarding Claim 2, Wexler in view of Pine in view of Akkaya, and further in view of Chang fails to explicitly teach wherein the microcontroller is a single multicore microcontroller with Wi-Fi and Bluetooth communication interfaces multiplexed onto one single on-chip antenna.
However, Preiszler teaches wherein the microcontroller is a single multicore microcontroller with Wi-Fi and Bluetooth communication interfaces multiplexed onto one single on-chip antenna (device 102 may also include, for example, one or more of a processor 114, Fig. 1, Para. [0039]; processor 114 includes, for example, a Central Processing Unit (CPU), a Digital Signal Processor (DSP), one or more processor cores, a single-core processor, a dual-core processor, a multiple-core processor, Para. [0040]; device 102 includes antenna 135 shared between BT communication unit 130 and WIFI communication unit 120, Fig. 1, Para. [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the earphone (as taught by Wexler in view of Pine in view of Akkaya, and further in view of Chang) to include a single multicore microcontroller with Wi-Fi and Bluetooth communication interfaces multiplexed onto one single on-chip antenna (as taught by Preiszler). Doing so will enable the bluetooth antenna to be capable of detecting events even during wifi transmissions (Preiszler Para. [0058]).
5. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (Int. Pub. No. WO 2022/219405 A1, hereinafter “Wexler”) in view of Pine et al. (U.S. Patent No. 10,827,249 B1, hereinafter “Pine”) in view of Akkaya et al. (U.S. Pub. No. 2021/0258457 A1, hereinafter “Akkaya”) in view of Chang et al. (U.S. Pub. No. 2017/0195769 A1, hereinafter "Chang"), and further in view of Li (U.S. Pub. No. 2020/0014829).
Regarding Claim 9, Wexler in view of Pine in view of Akkaya, and further in view of Chang fails to explicitly teach wherein the camera module is a mobile industry processor interface, MIPI, camera module.
However, Li teaches wherein the camera module is a mobile industry processor interface, MIPI, camera module (earphone including two earpiece main bodies 1, two MIPI cameras, an MIPI driver 3, and a processor 4, Fig. 1, Para. [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the earphone (as taught by Wexler in view of Pine in view of Akkaya, and further in view of Chang) to include a mobile industry processor interface, MIPI, camera module (as taught by Li). Doing so, the transmission bandwidth can reach 10 Gb/s or more, and the camera resolution can reach 10 million levels or more, thereby improving the amount of transmitted data, achieving transmission of high-resolution pictures, reducing the power consumption, and improving the transmission efficiency (Li Para. [0008]).
Response to Arguments
6. Applicant's arguments filed 07/31/2025 have been fully considered but they are not persuasive.
Regarding Claim 1, Applicant argues (see Applicant's response, pages 6-7) Wexler does not use the term "earbud" or "earphone" anywhere in the specification or the claims, and does not define its hearing interface device as being sized or shaped for full in-ear insertion. Wexler's devices are not configured as fully self-contained in-ear earbuds. Instead, as clearly illustrated in Wexler's figures, a substantial portion of the device protrudes from the user' s ear, allowing for external components to reside outside the ear canal and potentially accommodate electronics and a battery in the protruding portion.
Wexler does not address, let alone solve, the problem of housing all electronic components and the power source entirely within a fully inserted in-ear earbud. Wexler does not disclose or suggest a fully integrated, self-contained power supply within the hearing interface device. Wexler does not disclose or suggest combining all of the claimed components-namely, a dual near-infrared camera system, near-infrared light source(s), microcontroller executing computer vision, Wi-Fi and/or Bluetooth modules, a microphone, a speaker, and a rechargeable battery-all within an in-ear earbud casing.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Wexler discloses in-ear earphones (earphone 1710, 2600, Figs. 17A, 26, 27A-E and 28). Pine also discloses fully inserted self-contained in-ear earbuds (earbud that fit within the ear or ear canal of a user, Figs. 1-4. Col. 3, Lns. 7-32).
Wexler discloses earphone housing all electronic components (Fig. 26, Para. [0219]) and power source entirely within earphone (battery level or status indicator 2702, battery charging port 2740 with pins 2742 to provide electrical contact with charging device to charge battery [power source] within earphone 2600, Figs. 27C and 27D, Para. [0229]). Pine discloses battery 808 in internal assembly 702 of in-ear earbud 100 (Fig. 8, Col. 12, Lns. 44-67).
Regarding Claim 1, Applicant also argues (see Applicant's response, pages 7-8) no cited reference-nor any known engineering principle-teaches or suggests how to combine Wexler's hearing device with the IR illumination from Akkaya and the wireless communication module from Pine, and further miniaturize the combined system into a truly in-ear earbud casing.
The cited prior art fails to teach or suggest the claimed solution to the specific technical problem of achieving power efficiency in a wireless earbud device that integrates a camera module, wireless communication interfaces (Wi-Fi and/or Bluetooth), a microphone, and a speaker within an ultra-compact form factor. Therefore, Wexler, alone or in combination with Akkaya and Pine, fails to disclose or suggest the claimed subject matter which reflects a non-obvious solution to the problem of energy efficient operation in multifunctional wireless in-ear earbuds invention as a whole.
In response to applicant's argument that no cited reference-nor any known engineering principle-teaches or suggests how to combine Wexler's hearing device with the IR illumination from Akkaya and the wireless communication module from Pine, and further miniaturize the combined system into a truly in-ear earbud casing, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., power efficiency, energy efficient operation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (U.S. Patent No. 8,861,469) teaches a communication system in which embodiments of Bluetooth and wireless LAN arbitration can be implemented. Siminoff et al. (U.S. Pub. No. 2018/0033273) teaches a communication module which includes a Wi-Fi chip and a Bluetooth chip.
8. 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.
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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