DETAILED ACTION
1. Applicant's amendments and remarks submitted on November 17, 2025 have been entered. Claims 1, 8 and 13-14 have been amended. Claims 4, 11-12 and 20 have been cancelled. Claims 21-24 have been added. Claims 1-3, 5-10, 13-19 and 21-24 are still pending on this application, with claims 1-3, 5-10, 14-19 and 21-23 being rejected and claims 13 and 24 being allowed. All new grounds of rejection were necessitated by the amendments to claims 1 and 14, and new claims 21-23. Accordingly, this action is made final.
2. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
3. Claim(s) 1-3, 5-10 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub No 2024/0184361 A1 to O’Callaghan in view of US Patent Pub No 2013/0154811 A1 to Ferren et al. (“Ferren”).
As to claim 1, O’Callaghan discloses a system comprising: a. an ear-wearable device comprising a speaker, a microphone, a first processor, a first non-transitory computer memory, and a first wireless communication device (inherent components of hearing aids and wireless earbuds, see pg. 1, ¶ 0002); b. a remote-control module comprising: i. a remote-control processor, ii. a remote-control wireless communication device (see figure 2; pg. 7, ¶ 0140), iii. a pressure switch (see figure 2; pg. 3, ¶ 0043; pg. 4, ¶ 0053), wherein the pressure switch is configured to have an active state and an inactive state and to enter the active state when at least a threshold pressure is applied to a switch portion of a remote-control housing exterior (inherent feature of tactile switch activated by a pressing and/or holding operation, see figures 1-3H; pg. 4, ¶ 0053; pg. 8, ¶ 0148); iv. a remote-control inertial measurement unit (IMU) (see figure 2; pg. 3, ¶ 0044); v. a remote-control non-transitory computer memory operatively connected to the remote-control processor (see figure 2; pg. 6, ¶ 0098 - ¶ 0099), wherein the remote-control memory stores computer instructions for: a. detecting the pressure switch entering the active state at an activation time by detecting at least the threshold pressure applied to the pressure switch for at least a threshold amount of time (activating of switch with press and/or hold operation, see pg. 4, ¶ 0053); c. detecting a first movement of the IMU; and d. transmitting a first wireless signal related to the first movement to the first wireless communication device, wherein the pressure switch remains in the active state after the activation time for as long as at least the threshold pressure is applied (press and hold function, pg. 4, ¶ 0053); ii. wherein the first memory stores computer instructions for: a. receiving the first wireless signal at the first wireless communication device; and b. based on the first wireless signal, changing a first setting of the ear-wearable device (see figures 6-7; pg. 3, ¶ 0049; pg. 7, ¶ 0134, ¶ 0138 - ¶ 0139; pg. 8, ¶ 0155).
O’Callaghan discloses the remote control as being woken up to initiate the receipt of user inputs (see figures 6-7), and further teaches the use of a switch that can be pressed and configured for press and hold operations (see pg. 4, ¶ 0053), but does not expressly disclose b. registering a start position of the IMU at the activation time of the pressure switch, and detecting a first movement of the IMU and transmitting the first wireless signal related to the first movement if the pressure switch remains in the active state.
However such a configuration is known in the art, as taught by Ferren, which discloses a similar remote control with an inertial measurement unit (see pg. 5, ¶ 0055), and further discloses the use of a button press to initiate control via movements or rotations detected by the IMU, wherein the desired control functions can be achieved by simultaneously pressing the button while performing the movements or rotations corresponding to said control functions (see pg. 5, ¶ 0055; pg. 6, ¶ 0066). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a trigger or initiating operation that a user can select to provide user input that involves movement of the remote control, particularly for remote controls with few buttons that further involve various movements to control different functions (Ferren pg. 6, ¶ 0059, ¶ 0066; pg. 10, ¶ 0089).
As to claim 2, O’Callaghan in view of Ferren further discloses wherein the first memory stores further computer instructions for: based on the first wireless signal, playing a first sound file at the speaker, wherein the first sound file provides control information to a wearer of the ear-wearable device (O’Callaghan auditory feedback, see figure 6; pg. 3, ¶ 0037; pg. 4, ¶ 0060; pg. 8, ¶ 0155).
As to claim 3, O’Callaghan in view of Ferren further discloses wherein the control information provided by the first sound file is one of the group consisting of: an identity of a current control mode of the ear-wearable device, an identity of a recently-changed control mode of the ear-wearable device, a current parameter setting of the ear-wearable device, a recently-changed parameter setting of the ear-wearable device, a current volume setting of the ear-wearable device, a recently-changed volume setting of the ear-wearable device, a current memory mode setting of the ear-wearable device, and a recently-changed memory mode setting of the ear-wearable device (O’Callaghan figures 6-7; pg. 2, ¶ 0031; pg. 3, ¶ 0037; pg. 4, ¶ 0060; pg. 6, ¶ 0103; pg. 8, ¶ 0155).
As to claim 5, O’Callaghan in view of Ferren further discloses wherein the remote-control module further comprises a haptic feedback device configured to produce vibration motion, wherein the remote-control memory stores computer instructions for: after detecting that the pressure switch has entered the active state, activating the haptic feedback device to produce a press-confirming vibration motion (O’Callaghan input acknowledgement, see figure 7; pg. 3, ¶ 0048; pg. 4, ¶ 0059; Ferren pg. 7, ¶ 0072).
As to claim 6, O’Callaghan in view of Ferren further discloses wherein the remote-control module further comprises a haptic feedback device configured to produce vibration motion, wherein the remote-control memory stores computer instructions for: after detecting the first movement of the IMU, activating the haptic feedback device to produce a first-movement confirming vibration motion (O’Callaghan input acknowledgement for rotation via haptic clicks, see pg. 3, ¶ 0048; pg. 4, ¶ 0059; Ferren pg. 7, ¶ 0072).
As to claim 7, O’Callaghan in view of Ferren further discloses wherein the first movement is one of the group consisting of: a shaking movement, a clockwise rotation movement about an axis of a housing of the remote-control module, a counterclockwise rotation movement about an axis of the housing of the remote- control module, a clockwise rotation movement about an axis external to the housing of the remote-control module, a counterclockwise rotation movement about an axis external to the housing of the remote-control module, an up movement, a down movement, and an acceleration movement (O’Callaghan pg. 3, ¶ 0044, ¶ 0049; Ferren pg. 5, ¶ 0055 - ¶ 0056; pg. 6, ¶ 0062, ¶ 0064).
As to claim 8, O’Callaghan in view of Ferren further discloses wherein the first movement is a shaking movement, wherein the first memory stores computer instructions for: upon receiving the first wireless signal, the ear-wearable device changes from a first control mode to a second control mode (O’Callaghan figures 6-7; pg. 3, ¶ 0049; Ferren pg. 6, ¶ 0064).
As to claim 9, O’Callaghan in view of Ferren further discloses wherein the first control mode and second control mode are each selected from the group consisting of a volume control mode, a memory setting mode, and a standby mode (O’Callaghan figures 6-7).
As to claim 10, O’Callaghan in view of Ferren further discloses wherein the first movement is from a start position to a first position, wherein the remote-control memory stores further computer instructions for: detecting a second movement of the IMU from the first position to a second position; and transmitting a second wireless signal related to the second movement to the first wireless communication device (Ferren pg. 6, ¶ 0062; pg. 7, ¶ 0068).
As to claim 22, O’Callaghan in view of Ferren further discloses wherein the remote-control memory stores computer instructions for sending a remote activation signal to the ear-wearable device upon detecting the pressure switch entering the active state (O’Callaghan press and hold switch activation, pg. 4, ¶ 0053; Ferren trigger from button press, see pg. 10, ¶ 0089), wherein the speaker of the ear-wearable device plays an activation sound upon receiving the remote activation signal (O’Callaghan auditory feedback, see pg. 3, ¶ 0037; pg. 4, ¶ 0060).
As to claim 23, O’Callaghan in view of Ferren does not expressly disclose wherein the remote-control memory stores computer instructions for terminating communication between the ear-wearable device and remote-control module if the pressure switch leaves the active state before the first motion is complete. However it does disclose the system being configured to control functions based on the simultaneous pressing of a button while moving the remote control (Ferren pg. 6, ¶ 0066) and the control functions may be performed by a combination of motions (Ferren pg. 6, ¶ 0059). The proposed modification is therefore considered obvious given the teachings of O’Callaghan in view of Ferren, the motivation being to provide a system that allows the control functions to be performed only if the full combination of movements that corresponds to said control function is achieved while simultaneously holding the button (Ferren pg. 6, ¶ 0059, ¶ 0066).
4. Claim(s) 14-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Callaghan in view of US Patent Pub No 2017/0262065 A1 to Elkins et al. (“Elkins”).
As to claim 14, O’Callaghan discloses a method of operating an ear-wearable device with a remote-control module, the ear-wearable device comprising a first wireless communication device (see pg. 1, ¶ 0001 - ¶ 0002, ¶ 0010), the remote-control module comprising a remote-control wireless communication device (see figure 2; pg. 7, ¶ 0140), a remote-control inertial measurement unit (IMU) (see figure 2; pg. 3, ¶ 0044), the method comprising: detecting a first movement of the IMU at the remote-control module; transmitting a first wireless signal related to the first movement to the first wireless communication device with the remote-control wireless communication device; receiving the first wireless signal at the first wireless communication device; and based on the first wireless signal, changing a first setting of the ear-wearable device (see figures 6-7; pg. 3, ¶ 0049; pg. 7, ¶ 0134, ¶ 0138 - ¶ 0139; pg. 8, ¶ 0155).
O’Callaghan discloses the use of a motion sensor (see pg. 3, ¶ 0044), as well as the IMU configured for motion detection (see pg. 3, ¶ 0049), but does not disclose the remote control further comprising a remote-control barometric pressure sensor, wherein the barometric pressure sensor provides height information, and wherein detecting the first movement comprises tracking up or down velocity motions with the barometric pressure sensor in combination with the IMU. However the use of a barometric sensor for detecting motion and elevation changes is known in the art, as taught by Elkins, which discloses a similar gesture detection device, and further discloses the motion detectors as including a barometer for sensing changes in air pressure due to elevation changes corresponding to up and down movements of the device (see figures 3-5; pg. 4, ¶ 0048; pg. 8, ¶ 0089). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, as O’Callaghan already teaches the use of various motion detectors in the remote control device, and the use of barometers for detecting motion changes, particularly in height or elevation, is known in the art to detect up/down movements for activating certain control functions of the device (Elkins pg. 4, ¶ 0048; pg. 8, ¶ 0089).
As to claim 15, O’Callaghan in view of Elkins further discloses further comprising: based on the first wireless signal, playing a first sound file at a speaker of the ear-wearable device, wherein the first sound file provides control information to a wearer of the ear-wearable device (O’Callaghan auditory feedback, see figure 6; pg. 3, ¶ 0037; pg. 4, ¶ 0060; pg. 8, ¶ 0155).
As to claim 16, O’Callaghan in view of Elkins further discloses wherein the control information provided by the first sound file is one of the group consisting of: an identity of a current control mode of the ear-wearable device, an identity of a recently-changed control mode of the ear-wearable device, a current parameter setting of the ear-wearable device, a recently-changed parameter setting of the ear-wearable device, a current volume setting of the ear-wearable device, a recently-changed volume setting of the ear-wearable device, a current memory mode setting of the ear-wearable device, and a recently-changed memory mode setting of the ear-wearable device (O’Callaghan figures 6-7; pg. 2, ¶ 0031; pg. 3, ¶ 0037; pg. 4, ¶ 0060; pg. 6, ¶ 0103; pg. 8, ¶ 0155).
As to claim 17, O’Callaghan in view of Elkins further discloses the remote-control module further comprising a pressure switch (O’Callaghan figure 2; pg. 3, ¶ 0043; pg. 4, ¶ 0053), wherein the pressure switch is configured to have an active state and an inactive state and to enter the active state when at least a threshold pressure is applied to a switch portion of a remote-control housing exterior (O’Callaghan inherent feature of tactile switch activated by a pressing and/or holding operation, see figures 1-3H; pg. 4, ¶ 0053; pg. 8, ¶ 0148).
As to claim 19, O’Callaghan in view of Elkins further discloses wherein the remote-control module further comprises a haptic feedback device configured to produce vibration motion, the method further comprising: upon detecting that the pressure switch has entered the active state, activating the haptic feedback device to produce a press-confirming vibration motion (O’Callaghan input acknowledgement, see figure 7; pg. 3, ¶ 0048; pg. 4, ¶ 0059).
5. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Callaghan in view of Elkins, and further in view of Ferren.
As to claim 18, O’Callaghan in view of Elkins discloses the method of claim 17.
O’Callaghan in view of Elkins discloses the remote control as being woken up to initiate the receipt of user inputs (O’Callaghan figures 6-7), and further teaches the use of a switch that can be pressed (O’Callaghan pg. 4, ¶ 0053), but does not expressly disclose registering a start position of the IMU at an activation time when the pressure switch enters an active state, wherein the first movement is detected while the pressure switch remains in the active state after entering the active state at the activation time. However such a configuration is known in the art, as taught by Ferren, which discloses a similar remote control with an inertial measurement unit (see pg. 5, ¶ 0055), and further discloses the use of a button press to initiate control via movements or rotations detected by the IMU (see pg. 5, ¶ 0055; pg. 6, ¶ 0066). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a trigger or initiating operation that a user can select to provide user input that involves movement of the remote control, particularly for remote controls that involve various movements to control different functions (Ferren pg. 6, ¶ 0059, ¶ 0066; pg. 10, ¶ 0089).
6. Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Callaghan in view of Ferren, and further in view of Elkins.
As to claim 21, O’Callaghan in view of Ferren discloses the system of claim 1.
O’Callaghan in view of Ferren discloses the use of a motion sensor (O’Callaghan pg. 3, ¶ 0044; Ferren pg. 5, ¶ 0051), as well as the IMU configured for motion detection (O’Callaghan pg. 3, ¶ 0049; Ferren pg. 5, ¶ 0055), but does not disclose the remote control further comprising the remote-control module further comprising a barometric pressure sensor to measure ambient air pressure, wherein the barometric pressure sensor provides height information which is used to track up or down velocity motions in combination with the IMU. However the use of a barometric sensor for detecting motion and elevation changes is known in the art, as taught by Elkins, which discloses a similar gesture detection device, and further discloses the motion detectors as including a barometer for sensing changes in air pressure due to elevation changes corresponding to up and down movements of the device (see figures 3-5; pg. 4, ¶ 0048; pg. 8, ¶ 0089). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, as O’Callaghan in view of Ferren already teaches the use of various motion detectors in the remote control device, and the use of barometers for detecting motion changes, particularly in height or elevation, is known in the art to detect up/down movements for activating certain control functions of the device (Elkins pg. 4, ¶ 0048; pg. 8, ¶ 0089).
Allowable Subject Matter
7. Claims 13 and 24 are allowed.
Response to Arguments
8. Applicant's arguments filed November 17, 2025 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues “O’Callaghan lacks any disclosure of the tactile switches having active and inactive states as required by claim 1,” and “double tapping is not equivalent to applying and maintaining pressure on a switch.” Applicant further argues “Ferren lacks any disclosure of registering a start position of the remote,” and “further lacks any disclosure of differentiating between active and inactive states.” Applicant further argues “just pressing a button and holding a button is not equivalent to bringing a device into an active state,” as “the system of claim 1 requires that the pressure switch be brought into the active state before any movement can be detected or registered by the remote control module.”
Examiner respectfully disagrees. O’Callaghan discloses the remote control as being woken up to initiate the receipt of user inputs (see figures 6-7), as well as the use of a switch that can be pressed and configured for press and/or hold operations (see pg. 4, ¶ 0053). For press and hold operations in particular, the button is considered to be in an active stated when pressed, and in an inactive state when not pressed. O’Callaghan however does not disclose the registering of a start position of the IMU at the activation of the pressure switch, and detecting a movement while the switch remains in the active state. Ferren is therefore relied on for disclosing a similar remote control device, and further for disclosing the use of a button press to initiate control via movements or rotations detected by the IMU, and wherein desired control functions can be achieved by simultaneously pressing the button while performing the movements or rotations corresponding to said control functions (see pg. 5, ¶ 0055; pg. 6, ¶ 0066). That is, Ferren discloses activating the remote control via pressing a switch or button, and performing a movement or a combination of movements while simultaneously pressing the button in order to register a desired remote control function. The claimed invention is therefore considered obvious in view of the combined teachings of O’Callaghan and Ferren, as both systems teach the pressing and holding of a button to activate the use of said button, and Ferren in particular teaches the simultaneous use of a button press and a movement of the remote control to register a control function. The motivation being to provide a trigger or initiating operation that a user can select to provide user input that involves movement of the remote control, particularly for remote controls with few or limited button uses; combining button functions with movements of the remote therefore allows the user to control various different functions via a single remote with few buttons (Ferren pg. 6, ¶ 0059, ¶ 0066; pg. 10, ¶ 0089).
9. Applicant’s arguments with respect to claim 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 5712727488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693