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
The Office Action is responsive to amendments filed for application 18/172,996 filed on 03/17/2026.
Please note claims 1-10 and 12 remain in the application.
Examiner additionally notes that this instant application still claims benefit to only one provisional application 63/312733 filed 2/2/2022, and no documentation indicating otherwise (e.g. : a corrected filing receipt) has been provided since the previous action was filed on 09/17/2025.
Response to Arguments
Applicant’s arguments filed 03/17/2026 with respect to claims 1 and 9 have been considered but they are not persuasive. In applicant’s arguments, filed 03/17/2026, ¶[0007], applicant argues that the combination of H2O Audio and Wilson would provide no benefit, while acting detrimentally upon H2O audio.
The examiner notes here, and in the rejection of claims 1 and 9 below, that the inclusion of the waterproof enclosure of Wilson would provide the user with the benefit of a variety of options for electronic devices (Wilson, ¶[0042], lines 1-2), and extra protection water-resistant devices at significant depths (¶[0063], lines 18-19). These identified benefits are now included in the revised rejections under 35 USC § 103 below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Swim Headphones for Apple Watch [online]. H2O Audio, 2019 (hereinafter H2O Audio) (previously cited) in view of Wilson et al (hereinafter Wilson), US-PG-PUB No. 2010/0006314 (previously cited).
Regarding claim 1, H2O Audio discloses a wireless communication apparatus for an aquatic environment (submersible to 3.6m underwater.....Pg. 4, “features”), the apparatus comprising:
a base (The black part of the apparatus shown in Pg. 1, Fig. 1 (annotated below), Symbol 1) having one or more wireless receiver antennas (The apparatus connects via Bluetooth, necessitating a wireless antenna for reception and transmission.....Pg. 5, line 1);
a first attachment mechanism (annotated Fig. 1, Symbol 2) connected with the base for receiving and holding a wireless transmitter (Pg. 6, Fig. 1 shows an Apple Watch (the wireless transmitter, also seen in annotated Fig. 1, Symbol 3) connected with the base via the first attachment mechanism), the wireless transmitter having one or more wireless transmission antennas for transmitting audio signals (The Apple Watch must have a wireless transmitter to pair via Bluetooth.....Pg. 5, line 1), the first attachment mechanism being configured to position the one or more wireless transmission antennas of the wireless transmitter within less than 20 centimeters from the one or more wireless receiver antennas of the base (As shown on Pg. 6, Fig. 1, when inserted into the attachment mechanism a transmitter will be in direct contact with the base. For scale information, the watch body is a maximum of 44 mm long.....Pg. 4, “Features”, “Made for Apple Watch.”); and
one or more earphones connected with the base (Pg. 1, annotated Fig. 1, symbol 4), each of the one or more earphones having a speaker for providing the audio signals from the wireless transmitter to a wearer's ears (A user can listen to music from the Apple Watch while swimming.....Pg. 2).
H2O Audio fails to teach wherein the first attachment mechanism includes a waterproof enclosure for receiving and holding the wireless transmitter.
Wilson teaches a waterproof headgear for attachment to swim goggles (¶[0060], lines 16-19) wherein an electronic device (analogous to the transmitter of H2O audio) is attached to a base via an attachment mechanism (Shown in Fig. 10B, a waterproof bag (502) provides means to attach (an attachment mechanism) an electronic device to a headband (base) (506).....¶[0060], lines 4-6), and the attachment mechanism includes a waterproof enclosure (Electronic devices attach to the base via placement in a waterproof bag (enclosure).....¶[0032], lines 3-5) for receiving and holding the electronic device (¶[0032], lines 3-5).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified H2O Audio by Wilson to provide the benefit wherein the enclosure may accommodate a variety of devices, while protecting them from water, including at significant depths (Wilson, ¶[0042], lines 1-2, ¶[0063], lines 16-18). Such modification would make obvious the feature wherein the first attachment mechanism includes a waterproof enclosure for receiving and holding the wireless transmitter.
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Regarding claim 2, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches wherein the base further includes an amplifier (Push buttons control volume, requiring amplifying circuitry.....Pg. 4, “Convenient Controls”) and processing circuitry for amplifying and processing wireless signals received from the wireless transmitter (The apparatus processes signals received from an Apple Watch to provide over headphones.....Pg. 2).
Regarding claim 3, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches wherein the one or more wireless transmission antennas and the one or more wireless receiver antennas are configured for transmitting and receiving Bluetooth signals (Pg. 5, line 1).
Regarding claim 4, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches wherein the first attachment mechanism is configured to position the wireless transmitter within 5 centimeters of the base (Shown on Pg. 6, Fig. 1, the transmitter is in direct contact with the base when inserted. For scale information, the watch body is a maximum of 44 mm long.....Pg. 4, “Features”, “Made for Apple Watch).
Regarding claim 5, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches wherein the speaker of the one or more earphones is a dynamic speaker (Earplugs provide dynamic base response.....Pg. 4, “Bass Amplified Sound”).
Regarding claim 7, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches further comprising a second attachment mechanism connected with the base, (Annotated Fig. 1, Symbol 5 shows integrated goggle loops.....Pg. 4, “Developed for Swimmers”) the second attachment mechanism being configured to attach to an object to position the apparatus on the wearer's head (The attachment mechanism is used in combination with swim goggles to attach the apparatus to a swimmer’s head.....Pg. 4).
Regarding claim 8, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1,
H2O Audio additionally teaches wherein the base further includes one or more user controls (Annotated Fig. 1, Symbol 6) for controlling one or more aspects of the audio signals (Push buttons control volume.....Pg. 4, “Convenient Controls”).
Regarding claim 9, H2O Audio discloses a wireless communication system (Communicating via Bluetooth.....Pg. 5, line 1) for an aquatic environment (Pg. 4, “Waterproof Headphones”) and configured to attach to a headband (Can be attached to swim goggles.....Pg. 4, “Developed for Swimmers”), the system comprising:
a base (The black part of the apparatus shown in Pg. 1, Fig. 1, Symbol 1) having one or more wireless receiver antennas (The apparatus connects via Bluetooth, necessitating a wireless antenna for reception and transmission.....Pg. 5, line 1) and one or more user controls (Push buttons control volume.....Pg. 4, “Convenient Controls”);
a first attachment mechanism (annotated Fig. 1, Symbol 2) connected with the base for receiving and holding a wireless transmitter (Pg. 6, Fig. 1 shows an Apple Watch (the wireless transmitter, also seen in annotated Fig. 1, Symbol 3), the wireless transmitter having one or more wireless transmission antennas for transmitting audio signals (The Apple Watch must have a wireless transmitter to pair via Bluetooth.....Pg. 5, line 1), the first attachment mechanism being configured to position the one or more wireless transmission antennas of the wireless transmitter within less than 20 centimeters from the one or more wireless receiver antennas of the base (As shown on Pg. 6, Fig. 1, when inserted into the attachment mechanism a transmitter will be in direct contact with the base. For scale information, the watch body is a maximum of 44 mm long.....Pg. 4, “Features”, “Made for Apple Watch.”);
one or more earphones connected with the base (Pg. 1, annotated Fig. 1, symbol 4), each of the one or more earphones having a speaker for providing the audio signals from the wireless transmitter to a wearer's ears (A user can listen to music from the Apple Watch while swimming.....Pg. 2); and
a second attachment mechanism (Annotated Fig. 1, Symbol 5) configured to connect with the headband (Integrated loops connect the base to goggles.....Pg. 4, “Developed for Swimmers”).
H2O Audio fails to teach wherein the first attachment mechanism includes a waterproof enclosure for receiving and holding the wireless transmitter.
Wilson teaches a waterproof headgear for attachment to swim goggles (¶[0060], lines 16-19) wherein an electronic device (analogous to the transmitter of H2O audio) is attached to a base via an attachment mechanism (Shown in Fig. 10B, a bag (502) provides means to attach an electronic device to a headband (base) (506).....¶[0060], lines 4-6), and the attachment mechanism includes a waterproof enclosure (Electronic devices attach to the base via placement in a waterproof bag (enclosure).....¶[0032], lines 3-5) for receiving and holding the electronic device (¶[0032], lines 3-5).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified H2O Audio by Wilson to provide the benefit wherein the enclosure may accommodate a variety of devices, while protecting them from water, including at significant depths (Wilson, ¶[0042], lines 1-2, ¶[0063], lines 16-18). Such modification would make obvious the feature wherein the first attachment mechanism includes a waterproof enclosure for receiving and holding the wireless transmitter.
Regarding claim 10, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 9,
H2O Audio additionally teaches wherein the base further includes an amplifier (Push buttons control volume, requiring amplifying circuitry.....Pg. 4, “Convenient Controls”) and processing circuitry for amplifying and processing wireless signals received from the wireless transmitter (The apparatus processes signals received from an Apple Watch to provide over headphones.....Pg. 2).
Regarding claim 12, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 9,
H2O Audio additionally teaches wherein the first attachment mechanism is configured to position the wireless transmitter within 5 centimeters of the base (Shown on Pg. 6, Fig. 1, the transmitter is in direct contact with the base when inserted. For scale information, the watch body is a maximum of 44 mm long.....Pg. 4, “Features”, “Made for Apple Watch).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over H2O Audio in view of Wilson in further view of Lehary, US-PG-PUB 2017/0046979 with further evidence from “HOW TO WEAR BONE CONDUCTION SWIMMING HEADPHONES?” [online]. uk.shokz.com, 2022 (hereinafter Shokz).
Regarding claim 6, the combination of H2O Audio and Wilson, as explained above, teaches the apparatus in accordance with claim 1, but fails to teach wherein the speaker of the one or more earphones is a bone conducting speaker.
Lehary an aquatic audio system wherein the speaker of one or more earphones is a bone conducting speaker (A swimming unit may contain audio feedback via bone conduction headphones (Shown in Fig. 10, (82)).....Para [0219], lines 1-5).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified H2O Audio and Wilson by Lehary to provide the benefit of an audio system that allows for simultaneous use of waterproof earplugs (Shokz, Pg. 2, Section 2 (How to Wear…), ¶[2]). This would make obvious the feature wherein the speaker of the one or more earphones is a bone conducting speaker.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vandenberg et al, US-PG-PUB No. 2022/0400328 discloses a waterproof wireless headset with attached enclosure for wireless audio transmitters.
Bays, US-PG-PUB No. 2011/0170702 discloses a waterproof wireless headset with attached enclosure for wireless audio transmitters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN M RINEHART whose telephone number is (571)272-2778. The examiner can normally be reached M-F 10:30 AM - 6:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN M RINEHART/Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694