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 .
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.
Claim(s) 1, 2, 4, 5, 7-14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (WO 2020/201341 A1) in view of Hoen et al. (US 2018/0364804 A1) and Yuen et al (5,991,645).
Consider claim 1. Fischer teaches a headset (Fischer, Fig.1) comprising: a first earcup (Fischer, Fig.1 and Fig.2, element 2) comprising, a support structure (Fischer, Fig.2 and p5, ln 4-6, earphone housing 12), and a cushion (Fischer, Fig.2 and p5, ln 4-6, earpad 10) comprising a first electrically conductive material forming a first sense electrode, wherein the first sense electrode is configured to obtain first capacitive data indicative of whether the first earcup is on the user’s head or off the user’s head (Fischer, Fig.2 and Fig.3, p5, ln 6-18).
Fischer teaches the headset that uses a capacitive sensor which measures differences stemming from the compression of the earpad cushion (Fischer, p3, ln 30 to p4, ln 1-4).
Fischer does not teach the first electrically conductive material is a flexible material configured to deform dependent on at least one of a head shape or an ear shape of a user of the headset when the user is wearing the headset.
However, Hoen teaches the first electrically conductive material is a flexible material configured to deform dependent on at least one of a head shape or an ear shape of a user of the headset when the user is wearing the headset (Hoen, Fig.1 to Fig.6; ¶0027, ¶0032, ¶0045-¶0046, teaches use an elastomeric polymer substrate as a conductive layer forming an electrode which upon deformation changes the distance between two electrodes which can be measured, which applies for headset devices and headband). The motivation to combine Hoen’ fabric-based sensing with Fischer’ headset is for a fabric-based items with force sensing capabilities for wearable items include sensing circuitry. Electronic equipment may use information from the sensing circuitry in controlling a system or performing other tasks (Hoen, ¶0002-¶0003).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the applicant’s claim invention to implement in where the first electrically conductive material is a flexible material configured to deform dependent on a head shape and/or an ear shape of a user of the headset when the user is wearing the headset as taught by Hoen in Fischer for electronic equipment may use information from the sensing circuitry in controlling a system or performing other tasks.
Fischer in view of Hoen does not teach one or more antenna configured for wireless communications, comprising: at least one electric antenna, and at least one magnetic antenna.
Yuen teaches headset one or more antenna configured for wireless communications, comprising: at least one electric antenna, and at least one magnetic antenna (col. 7, lines 18-38)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Yuen into the teachings of Fischer in view of Hoen in order to provide hands-free communication, and improve productivity, in a variety of applications, such as operator and information services.
Consider Claim 2. Fischer in view of Hoen and Yuen further teaches the cushion comprises a cushion support (Fischer, Fig.2, foam part 8) and a cover layer configured to contact skin of the user (Fischer, Fig.2, earpad 10) of the headset when the user is wearing the headset, and wherein the first electrically conductive material is arranged in-between the cover layer and the support structure (Fischer, Fig.2, electrode 6 between housing 12 and earpad 10).
Consider Claim 4. Fischer in view of Hoen and Yuen further teaches the cushion comprises a cover layer configured for contacting skin of a user of the user is wearing the headset, and wherein the first electrically conductive material is integrally connected to the cover layer (Fischer, Fig.2, capacitive proximity sensor 15).
Consider Claim 5. Fischer in view of Hoen and Yuen further teaches the cover layer comprises a conductive textile comprising the first electrically conductive material (Hoen, Fig.1 to Fig.6; ¶0027, ¶0032, ¶0045-¶0046, teaches use an elastomeric polymer substrate as a conductive layer forming an electrode which upon deformation changes the distance between two electrodes which can be measured, which applies for headset devices and headband).
Consider Claim 7. Fischer in view of Hoen and Yuen further teaches a second earcup comprising, a support structure, and a cushion, wherein the cushion comprises a second electrically conductive material which forms a second sense electrode, the second sense electrode is configured to obtain second capacitive data indicative of whether the second earcup is on-head or off-head, and the second electrically conductive material is a flexible material configured to deform dependent on the head shape and/or the ear shape of the user of the headset when the user is wearing the headset (Fischer, page 8, ln 22-28).
Consider Claim 8. Fischer in view of Hoen and Yuen further teaches the first sense electrode forms part of a mutual capacitance sensor, and wherein the first electrically conductive material further forms a second sense electrode forming part of the mutual capacitance sensor (Fisher, Fig.1, page 4, ln 6-11; page 8, ln 22-28).
Consider Claim 9. Fischer in view of Hoen and Yuen further teaches the first sense electrode is part of a self-capacitance sensor (self- capacitance is interpreted as the ability of a single, isolated conductor to store electrical charge, measured as the amount of charge required to raise its potential voltage by a threshold) (Fischer, p2, ln 11-30 and p3, ln 1-10).
Consider Claim 10. Fischer teaches first electrically conductive material is arranged in contact with the ear of the user when the user is wearing the headset. However, Fischer does not teach to be within 0 mm-20 mm, 0 mm-10 mm, or 0 mm-5 mm from the skin of the user.
However, Hoen teaches to be within 0 mm-20 mm, 0 mm-10 mm, or 0 mm-5 mm from the skin of the user (Hoen, Fig.9 and ¶0050, thickness (distance) T2 60 is 50-300 microns (0.05 mm – 0.3 mm)). The motivation to combine Hoen with Fischer is for allow the use of a flexible substrate that allows individual sensors to be compressed (Hoen, ¶0050).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the applicant’s claim invention to implement in where to be within 0 mm-20 mm, 0 mm-10 mm, or 0 mm-5 mm from the skin of the user as taught by Hoen into Fischer in view of Yuen for allow the use of a flexible substrate that allows individual sensors to be compressed.
Consider Claim 11. Fischer in view of Hoen and Yuen further teaches a processing unit, that is electrically connected to the first electrically conductive material by a conductive glue (Fischer, p5, ln 8-9, capacitive sensor 15 comprises a pcb (printed circuit board); p5, ln 23-24, adhesive part 13 adheres the capacitive sensor 15).
Consider Claim 12. Fischer in view of Hoen and Yuen further teaches a processing unit, that comprises a first capacitive electrode, that is capacitively coupled to the first electrically conductive material (Fischer, p5, ln 8-9, capacitive sensor 15 comprises a pcb (printed circuit board); also see rejection for claim 1).
Consider Claim 13. Fischer in view of Hoen and Yuen further teaches the processing unit is configured to: receive the first capacitive data, and determine whether the headset is on the user’s head or off the user’s head based on the received first capacitive data (see rejection for claim 11 and claim 1).
Consider Claim 14. Fischer in view of Hoen and Yuen further teaches the processing unit is further configured to: control functionality of the headset based on whether the headset is determined to be on the user’s head or off the user’s head (see rejection for claim 11 and claim 1).
Consider claim 15. Yuen further teaches the at least one electric antenna is configured to facilitate wireless communication at a first frequency (col. 7, lines 18-26).
Claim(s) 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (WO 2020/201341 A1) in view of Hoen et al. (US 2018/0364804 A1) and Yuen et al (5,991,645), and further in view of Sapiejewski et al. (US 2011/0216909 A1).
Claims 3 and 6, Fischer in view of Hoen and Yuen teaches wherein the cover layer defines a user side facing towards the user's head when the headset is worn, and wherein the first electrically conductive material extends in parallel to the user side (fig. 2 of Fischer, capacitive proximity sensor 15 positioned parallelly with user’s ear 11). The combination of Fischer in view of Hoen and Yuen does not teach to cover an area of at least 100 mm2, 200 mm2, 400 mm2, or 600 mm2.
However, Sapiejewski teaches the contact area of a headphone cushion assembly is less than or equal to 100 mm2 (Sapiejewski, Fig.11, ¶0042). The motivation to combine Sapiejewski with Fischer and Hoen is for axial stiffness per contact area for headphone cushion assembly (Sapiejewski, ¶0042).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the applicant’s claim invention to implement in where cover an area of at least 100 mm2, 200 mm2, 400 mm2, or 600 mm2 as taught by Sapiejewski in Fischer in view of Hoen and Yuen for axial stiffness per contact area for headphone cushion assembly.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (WO 2020/201341 A1) in view of Hoen et al. (US 2018/0364804 A1) and Yuen et al (5,991,645) as applied to claims 1 and 15 above, and further in view of Ma et al (US 2023/0396936).
Consider claim 16. Fischer in view of Hoen and Yuen does not teach the first frequency is above 800 MHz. Ma teaches the first frequency is above 800 MHz (para 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Ma into the teachings of Fischer in view of Hoen and Yuen in order to provide an active external wide band loop antenna incorporated into a headset to enable radio reception.
Consider claim 17. Fischer in view of Hoen and Yuen does not teach the first frequency is between 902 MHz and 928 MHz. Ma further teaches the first frequency is between 902 MHz and 928 MHz (para 20).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (WO 2020/201341 A1) in view of Hoen et al. (US 2018/0364804 A1) and Yuen et al (5,991,645) as applied to claim 1 above, and further in view of Meesters (US 2011/0002496).
Consider claim 18. Fischer in view of Hoen and Yuen does not teach the at least one magnetic antenna comprises a coil that is coiled around a magnetic core, and the at least one magnetic antenna is configured to facilitate wireless communication at a second frequency.
Messters teaches the at least one magnetic antenna comprises a coil that is coiled around a magnetic core, and the at least one magnetic antenna is configured to facilitate wireless communication at a second frequency (loop 70, para 32, AM frequency).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Meesters into the teachings of Fischer in view of Hoen and Yuen in order to provide an active external wide band loop antenna incorporated into a headset to enable radio reception.
Consider claim 19. Meesters further teaches the second frequency is below 100 MHz (AM band 522 to 1700 kHz, para 47).
Consider claim 20. Meesters further teaches the second frequency is between 9 MHz and 15 MHz (HF band 3 to 30 MHz, para 47).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUC M NGUYEN whose telephone number is (571)272-7503. The examiner can normally be reached 6:30AM-3:45PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc M. 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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DUC M. NGUYEN
Supervisory Patent Examiner
Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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