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 .
Introduction
This is a response to the applicant’s filing filed on 01/31/2024. In virtue of this filing, claims 1-8 and 19-30 are currently presented in the instant application. Claims 9-18 are canceled.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/2024, 09/03/2024, 10/25/2024 and 05/19/2025 has been considered by Examiner and made of record in the application file.
Drawings
The drawing submitted on 01/31/2024 has been considered by Examiner and made of record in the application file.
Specification
The specification submitted on 01/31/2024 has been considered by Examiner and made of record in the application file.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-8, 19-20, 24-28 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu et al. (US Patent No.: 12,365,300, hereinafter, “Zhu”).
Regarding claim 1, Zhu teaches a method comprising:
establishing a Bluetooth connection to each of a first device and a second device (see figure 6, Bluetooth headset, mobile phone A, mobile phone B, step 301-302, col. 19, ln.28-33);
playing audio of a first call from the first device (see figure 6, step 303, col.19, ln.33-40);
holding playing the audio of the first call, and playing an outgoing call prompt tone or incoming call prompt tone of the second device (see ringtone), when the second device initiates a call to a third device or the second device receives a call from the third device (see figure 6, steps 304-309, it is clearly seen that the mobile phone B is received the incoming call from a third mobile phone, the applicant use the alternative language A or B or C, examiner select C to exam); and
either:
a) playing audio of a second call from the second device and controlling the first device to hold or drop the first call when the second device connects the second call (see figure 6, steps 308-319, col.20, ln.1-55, the applicant use the alternative language A or B, examiner select A to exam) or
b) continuing to play the audio of the first call from the first device when the second device rejects the second call (not select B to exam).
Regarding claims 2, 20 and 28, Zhu further teaches playing audio of the second call from the second device and controlling the first device to hold or drop the first call when the second device connects the second call comprises:
either c) controlling the second device to answer the second call, playing the audio of the second call from the second device, and controlling the first device to hold the first call when a Bluetooth headset receives a first operation; or d) controlling the second device to answer the second call, playing the audio of the second call from the second device, and controlling the first device to drop the first call when the Bluetooth headset receives a second operation, wherein the second operation is different from the first operation (see figure 6, steps 304-309, hold or hang up).
Regarding claims 6 and 24, Zhu further teaches playing audio of the second call from the second device when the second device connects the second call comprises: disconnecting from a first synchronous connection oriented (SCO) link to the first device; setting up a second SCO link to the second device; and receiving the audio of the second call through the second SCO link and playing the audio of the second call (see figure 6, steps 304-309, hold or hang up).
Regarding claims 7 and 25, Zhu further teaches after receiving the audio of the second call through the second SCO link, the method further comprises: disconnecting from the second SCO link to the second device when the second device drops the second call; setting up the first SCO link to the first device; and receiving the audio of the first call through the first SCO link and playing the audio of the first call (see figure 6, steps 320-330).
Regarding claims 8 and 26, Zhu further teaches playing the audio of the first call from the first device when the second device rejects the second call comprises: holding a first synchronous connection oriented (SCO) link to the first device; and continuing to receive the audio of the first call through the first SCO link and playing the audio of the first call (see figure 6, steps 320-330).
Regarding claim 19, Zhu teaches a method, comprising:
establishing a Bluetooth connection to each of a first device and a second device (see figure 6, Bluetooth headset, mobile phone A, mobile phone B, step 301-302, col. 19, ln.28-33);
playing audio of a first call from the first device (see figure 6, step 303, col.19, ln.33-40);
playing the audio of the first call and playing an outgoing call prompt tone (read on ringtone) or incoming call prompt tone (read on ringtone) of the second device in response to (see figure 6, steps 304-309, the applicant use the alternative language A or B, examiner select B to exam)
either:
a) the second device initiating a call to a third device or b) the second device receiving a call from the third device (see figure 6, steps 304-309, it is clearly seen that the mobile phone B is received the incoming call from a third mobile phone, the applicant use the alternative language A or B, examiner select B to exam); and
either:
c) playing audio of a second call from the second device and controlling the first device to hold or drop the first call in response to the second device connecting the second call (see figure 6, steps 308-319, col.20, ln.1-55, the applicant use the alternative language C or D, examiner select C to exam); or d) playing the audio of the first call from the first device in response to the second device rejecting the second call (not select D to exam).
Regarding claim 27, Zhu teaches an electronic device (see figure 2, wireless headset), comprising:
one or more processors (see figure 10, Bluetooth chip, col.5, ln.14-17); and
a memory coupled to the one or more processors and configured to store instructions that, when executed by the one or more processors (see figure 10, Bluetooth chip, col.5, ln.14-17), cause the electronic device to be configured to:
establish a Bluetooth connection to each of a first device and a second device (see figure 6, Bluetooth headset, mobile phone A, mobile phone B, step 301-302, col. 19, ln.28-33);
play audio of a first call from the first device (see figure 6, step 303, col.19, ln.33-40);
play the audio of the first call and play an outgoing call prompt tone or incoming call prompt tone (read on ringtone) of the second device in response to (see figure 6, steps 304-309, the applicant use the alternative language A or B, examiner select B to exam)
either:
a) the second device initiating a call to a third device or b) the second device receiving a call from the third device (see figure 6, steps 304-309, it is clearly seen that the mobile phone B is received the incoming call from a third mobile phone, the applicant use the alternative language A or B, examiner select B to exam); and
either:
c) play audio of a second call from the second device and control the first device to hold or drop the first call in response to the second device connecting the second call (see figure 6, steps 308-319, col.20, ln.1-55, the applicant use the alternative language C or D, examiner select C to exam); or d) play the audio of the first call from the first device in response to the second device rejecting the second call (not select D to exam).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-5, 21-23 and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US Patent No.: 12,365,300, hereinafter, “Zhu”) in view of Goldin (US Pub. No.: 2010/0054518) and further in view of Ni et al. (US Pub. No.: 2020/0325145, hereinafter, “Ni.”).
Regarding claims 3, 21 and 29, Zhu disclosed invention, but fails to teach the first operation comprises an operation of tapping the Bluetooth headset, wherein the second operation comprises an operation of tapping the Bluetooth headset, and wherein g) a tapping count of the first operation is different from a tapping count of the second operation. However, Goldin teaches the first operation comprises an operation of tapping the Bluetooth headset, wherein the second operation comprises an operation of tapping the Bluetooth headset, and wherein g) a tapping count of the first operation is different from a tapping count of the second operation (see figure 1, headset 10, [0035-0037], tap 1 time for accept incoming call, tap twice for rejecting or ending call).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Goldin into view of Zhu in order to provide hands-free functionality.
Zhu and Goldin, in combination, fails to teach the first operation is directed to one side of the Bluetooth headset and the second operation is directed to another side of the Bluetooth headset. However, Ni teaches the operation is directed to one side of the Bluetooth headset and another side of the Bluetooth headset (see [0520]). It appear to examiner that arrange the first operation is directed to one side of the Bluetooth headset and the second operation is directed to another side of the Bluetooth headset would depend more upon the choice of the manufacturer and the choice of engineering, than on any inventive concept.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ni into view of Zhu and Goldin in order to provide hands-free functionality.
Regarding claims 4, 22 and 30, Zhu further teaches playing the audio of the first call from the first device in response to the second device rejecting the second call comprises controlling the second device to reject the second call and playing the audio of the first call from the first device in response to the Bluetooth headset receiving a third operation, wherein the third operation is different from the first operation and the second operation (see col.19-20, steps 307-322, answer or not answer the incoming call and holding the call).
Regarding claims 5 and 23, Zhu further teaches the outgoing call prompt tone and the incoming call prompt tone are stored by a Bluetooth headset, and wherein playing the audio of the first call and playing the outgoing call prompt tone or incoming call prompt tone of the second device in response to the second device initiating a call to a third device or the second device receiving a call from the third device comprises: either j) mixing the incoming call prompt tone and the audio of the first call and playing the incoming call prompt tone and the audio of the first call that are mixed in response to a call state of the second device being an incoming call state; or k) mixing the outgoing call prompt tone and the audio of the first call and playing the outgoing call prompt tone and the audio of the first call that are mixed in response to the call state of the second device being an outgoing call state (see col.19-20, steps 307-322, answer or not answer the incoming call and holding the call, It is clearly seen that the ringtone is stored on headset. The user can make outgoing call or receiving incoming call).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A. Pham whose telephone number is (571) 272-8097, the fax number is (571) 273-8097 and the email is tuan.pham01@uspto.gov. The examiner can normally be reached on Monday through Friday, 8:30 AM-5:30 PM.
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, Yuwen (Kevin) Pan can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN PHAM/ Primary Examiner, Art Unit 2649