DETAILED ACTION
1. Applicant's amendments and remarks submitted on November 21, 2025 have been entered. Claims 1, 5, 12, 15 and 19 have been amended. Claims 1-20 are still pending on this application, with claims 1-20 being rejected. All new grounds of rejection were necessitated by the amendments to claims 1, 12 and 19. 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 Objections
3. Claim 1 is objected to because of the following informalities: The claim recites “packed” in line 24 of the claim. This appears to be a typographical error; it should probably say “packet.” Appropriate correction is required.
4. Claim 19 is objected to because of the following informalities: The claim recites “packed” in line 15 of the claim. This appears to be a typographical error; it should probably say “packet.” Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. Claim(s) 1, 5-9, 11-12 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Application CN 111586655 A to Qin et al. (“Qin”) in view of US Patent Pub No 2020/0053460 A1 to Pedersen et al. (“Pedersen”).
As to claim 1, Qin discloses a wireless headphone (see figure 1; pg. 5, ¶ 0017 - ¶ 0018 of the English translation), comprising: a first headset, comprising: a first microphone, configured to obtain, through sound capturing, first audio data corresponding to a first channel (see figure 1; pg. 7, ¶ 0022 - ¶ 0023; pg. 17, ¶ 0059); a first encoder, configured to encode the first audio data to obtain a first audio (see pgs. 15-16, ¶ 0056 - ¶ 0057); and a first wireless transceiver, configured to transmit the first audio to an audio device over a first communication connection (see figure 1; pg. 5, ¶ 0018; pg. 7, ¶ 0023); and a second headset, comprising: a second microphone, configured to obtain, through voice capturing, second audio data corresponding to a second channel (see figure 1; pg. 7, ¶ 0022 - ¶ 0023; pg. 11, ¶ 0043; pg. 17, ¶ 0059); a second encoder, configured to encode the second audio data to obtain a second audio (see pgs. 15-16, ¶ 0056 - ¶ 0057); and a second wireless transceiver, configured to transmit the second audio to the audio device over a second communication connection, wherein the first communication connection is different from the second communication connection (see figures 1 and 3; pg. 7, ¶ 0022 - ¶ 0023; pg. 17, ¶ 0059), and the first channel and the second channel are used to implement stereo sound effect (see figures 1 and 3; pg. 7, ¶ 0023; pg. 15, ¶ 0054; pg. 17, ¶ 0059).
Qin further discloses processing the audio received from the first and second headsets in the audio device, the processed audio then being stored for future playback, and the first and second headsets further being configured to playback audio received from the audio device (see pg. 15, ¶ 0054; pgs. 18-20, ¶ 0060 - ¶ 0064, ¶ 0066), but does not expressly disclose the first and second transceivers transmitting first and second audio packets, and receiving a third and fourth audio packets from the audio device, the third and fourth audio packets being generated from respective first and second audio packets by the audio device performing audio data processing on the first and second audio data in the first and second audio packets. However such a configuration is considered obvious given the teachings of Qin regarding the processing of audio in the audio device and the encoding of audio signals and Bluetooth communications between devices, and further as taught by Pedersen, which teaches a similar wireless headphone (see figure 1; pg. 9, ¶ 0117), and further teaches the wireless headsets in communication with an audio device, wherein the bi-directional communication links are used to transmit and receive audio packets with encoded data, including audio packets received at the audio device for further processing (see figures 1-2; pg. 1, ¶ 0014; pgs. 3-4, ¶ 0027 - ¶ 0028; pg. 6, ¶ 0055; pg. 9, ¶ 0117; pg. 11, ¶ 0123 - ¶ 0124). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as the use of audio data packets for wireless communication devices is well known in the art, particularly for Bluetooth communication protocols (Pedersen pgs. 1-2, ¶ 0014 - ¶ 0019; pg. 13, ¶ 0162).
As to claim 5, Qin in view of Pedersen further discloses wherein the first headset further comprises a first decoder and a first speaker, and the second headset further comprises a second decoder and a second speaker (Qin figures 1-2; pg. 16, ¶ 0057; Pedersen pgs. 3-4, ¶ 0027 - ¶ 0028); the first decoder is configured to decode the third audio packet to obtain third audio data; the first speaker is configured to perform playing based on the third audio data; the second decoder is configured to decode the fourth audio packet to obtain fourth audio data; and the second speaker is configured to perform playing based on the fourth audio data (Qin pgs. 18-20, ¶ 0060 - ¶ 0066; Pedersen figure 2; pgs. 3-4, ¶ 0027 - ¶ 0028; pg. 6, ¶ 0055).
As to claim 6, Qin in view of Pedersen further discloses wherein the first decoder is further configured to: decode the third audio packet to obtain third indication information, determine a first start time based on the third indication information, and control the first speaker to perform playing at the first start time based on the third audio data; and the second decoder is further configured to: decode the fourth audio packet to obtain fourth indication information, determine a second start time based on the fourth indication information, and control the second speaker to perform playing at the second start time based on the fourth audio data (Pedersen pg. 3, ¶ 0027; pg. 7, ¶ 0072 - ¶ 0078; pg. 8, ¶ 0083 - ¶ 0087).
As to claim 7, Qin in view of Pedersen further discloses wherein the first audio packet further comprises fifth indication information, and the second audio packet further comprises sixth indication information; and the fifth indication information and the sixth indication information indicate the audio device to perform synchronous audio data processing on the first audio data and the second audio data that are captured at a same time (Qin pg. 15, ¶ 0056; Pedersen pg. 5, ¶ 0041; pg. 13, ¶ 0143).
As to claim 8, Qin in view of Pedersen further discloses wherein the audio data processing comprises at least one of: noise reduction, amplification, pitch conversion, or stereo synthesis (Qin pg. 20, ¶ 0064; Pedersen pg. 6, ¶ 0059 - ¶ 0060).
As to claim 9, Qin in view of Pedersen further discloses wherein the first encoder is configured to encode the first audio data based on a frame format in a communication protocol, to obtain the first audio packet; and the second encoder is configured to encode the second audio data based on the frame format, to obtain the second audio packet, wherein the frame format comprises at least one of a clock field, a clock offset field, an audio packet length field, and an audio data field, and the clock field and the clock offset field indicate an audio data capturing time (Pedersen pg. 1, ¶ 0014; pg. 5, ¶ 0041, ¶ 0053).
As to claim 11, Qin in view of Pedersen further discloses wherein the first wireless transceiver and the second wireless transceiver communicate with the audio device based on a short range communication technology (Qin pg. 17, ¶ 0058 - ¶ 0059; Pedersen pg. 2, ¶ 0019; pg. 14, ¶ 0163).
As to claim 12, Qin discloses a headset a headset apparatus (see figure 1; pg. 5, ¶ 0017 - ¶ 0018) comprising: an encoder, configured to obtain first audio data from a microphone, and encode the first audio data to obtain a first audio (see pgs. 15-16, ¶ 0056 - ¶ 0057), wherein the first audio data is audio data corresponding to a first channel (see figure 1; pg. 7, ¶ 0022 - ¶ 0023; pg. 17, ¶ 0059); and a wireless transceiver, coupled to the encoder, and configured to establish a first communication connection with an audio device and transmit the first audio to the audio device over the first communication connection, the audio device being configured to communicate over different communication connections (see figure 1 and 3; pg. 5, ¶ 0018; pg. 7, ¶ 0022 - ¶ 0023; pg. 17, ¶ 0059).
Qin further discloses processing the audio received from the headset in the audio device, the processed audio then being stored for future playback, and the headset further being configured to playback audio received from the audio device (see pg. 15, ¶ 0054; pgs. 18-20, ¶ 0060 - ¶ 0064, ¶ 0066), but does not expressly disclose the first encoder and wireless transceiver configured to obtain and transmit a first audio packet, and further configured to receive a second audio packet from the audio device, the second audio packet being generated from the first audio packet by the audio device performing audio data processing on the first audio data in the first audio packet. However such a configuration is considered obvious given the teachings of Qin regarding the processing of audio in the audio device and the encoding of audio signals and Bluetooth communications between devices, and further as taught by Pedersen, which teaches a similar wireless headphone (see figure 1; pg. 9, ¶ 0117), and further teaches the wireless headsets in communication with an audio device, wherein the bi-directional communication links are used to transmit and receive audio packets with encoded data, including audio packets received at the audio device for further processing (see figures 1-2; pg. 1, ¶ 0014; pgs. 3-4, ¶ 0027 - ¶ 0028; pg. 6, ¶ 0055; pg. 9, ¶ 0117; pg. 11, ¶ 0123 - ¶ 0124). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as the use of audio data packets for wireless communication devices is well known in the art, particularly for Bluetooth communication protocols (Pedersen pgs. 1-2, ¶ 0014 - ¶ 0019; pg. 13, ¶ 0162).
As to claim 15, Qin in view of Pedersen further discloses wherein the headset apparatus further comprises a decoder; and the decoder is configured to decode the second audio packet to obtain second audio data (Qin figures 1-2; pg. 16, ¶ 0057; pgs. 18-20, ¶ 0060 - ¶ 0066; Pedersen pgs. 3-4, ¶ 0027 - ¶ 0028).
As to claim 16, Qin in view of Pedersen further discloses wherein the decoder is further configured to: decode the second audio packet to obtain second indication information, determine a start time based on the second indication information, and control a speaker to perform playing at the start time based on the second audio data (Pedersen pg. 1, ¶ 0013; pg. 3, ¶ 0027; pg. 7, ¶ 0072 - ¶ 0078; pg. 8, ¶ 0083 - ¶ 0087).
As to claim 17, Qin in view of Pedersen further discloses wherein the encoder is configured to encode the first audio data based on a frame format in a communication protocol, to obtain the first audio packet, wherein the frame format comprises at least one of a clock field, a clock offset field, an audio packet length field, and an audio data field, and the clock field and the clock offset field indicate an audio data capturing time (Pedersen pg. 1, ¶ 0014; pg. 5, ¶ 0041, ¶ 0053).
As to claim 18, Qin in view of Pedersen further discloses wherein the wireless transceiver communicates with the audio device based on a short range communication technology (Qin pg. 17, ¶ 0058 - ¶ 0059; Pedersen pg. 2, ¶ 0019; pg. 14, ¶ 0163).
As to claim 19, Qin discloses a communication method for a wireless headset apparatus (see figure 1; pg. 5, ¶ 0017 - ¶ 0018), the method comprising: obtaining, through sound capturing, first audio data corresponding to a first channel and second audio data corresponding to a second channel (see figure 1; pg. 7, ¶ 0022 - ¶ 0023; pg. 15, ¶ 0056; pg. 17, ¶ 0059); encoding the first audio data and the second audio data respectively to generate a first audio and a second audio; transmitting the first audio to an audio device over a first communication connection with the audio device; transmitting the second audio to the audio device over a second communication connection with the audio device; wherein the first communication connection is different from the second communication connection, and the first channel and the second channel implement stereo sound effect (see figure 1 and 3; pg. 5, ¶ 0018; pg. 7, ¶ 0022 - ¶ 0023; pgs. 15-16, ¶ 0056 - ¶ 0057; pg. 17, ¶ 0059).
Qin further discloses processing the audio received from the headset in the audio device, the processed audio then being stored for future playback, and the headset further being configured to playback audio received from the audio device (see pg. 15, ¶ 0054; pgs. 18-20, ¶ 0060 - ¶ 0064, ¶ 0066), but does not expressly disclose the headset generating and transmitting first and second audio packets, and receiving a third and fourth audio packets from the audio device, the third and fourth audio packets being generated from respective first and second audio packets by the audio device performing audio data processing on first and second audio data in the first and second audio packets. However such a configuration is considered obvious given the teachings of Qin regarding the processing of audio in the audio device and the encoding of audio signals and Bluetooth communications between devices, and further as taught by Pedersen, which teaches a similar wireless headphone (see figure 1; pg. 9, ¶ 0117), and further teaches the wireless headsets in communication with an audio device, wherein the bi-directional communication links are used to transmit and receive audio packets with encoded data, including audio packets received at the audio device for further processing (see figures 1-2; pg. 1, ¶ 0014; pgs. 3-4, ¶ 0027 - ¶ 0028; pg. 6, ¶ 0055; pg. 9, ¶ 0117; pg. 11, ¶ 0123 - ¶ 0124). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as the use of audio data packets for wireless communication devices is well known in the art, particularly for Bluetooth communication protocols (Pedersen pgs. 1-2, ¶ 0014 - ¶ 0019; pg. 13, ¶ 0162).
6. Claim(s) 2-4, 10, 13-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qin in view of Pedersen, and further in view of US Patent Pub No 2022/0319553 A1 to Cheong et al. (“Cheong”).
As to claim 2, Qin in view of Pedersen discloses the wireless headphone according to claim 1.
Qin in view of Pedersen discloses the communication links between the headsets and the audio device being bi-directional (Pedersen pg. 3, ¶ 0024) but does not expressly disclose wherein the first wireless transceiver is further configured to: receive first indication information from the audio device, and determine, based on the first indication information, a first communication period used by the first wireless transceiver to transmit the first audio packet in a communication cycle; and the second wireless transceiver is further configured to: receive second indication information from the audio device, and determine, based on the second indication information, a second communication period used by the second wireless transceiver to transmit the second audio packet in the communication cycle.
Cheong discloses a similar wireless headphone, and further discloses the electronic device being configured to establish and receive audio data from earpieces or external electronic devices in predetermined time periods, wherein the time periods are established when establishing the communication links for audio data transmission (see figures 2A and 2C; pg. 8, ¶ 0072; pg. 11, ¶ 0114 - ¶ 0115; pgs. 12-13, ¶ 0130 - ¶ 0131; pg. 14, ¶ 0155).
Qin in view of Pedersen and Cheong are analogous art because they are drawn to wireless headphone systems.
It would have been an obvious choice before the effective filing date of the claimed invention to establish time periods for transmission of audio data to the audio device as taught Cheong in the headphone as taught by Qin in view of Pedersen. The motivation being to establish communication links that designate different time periods for the different audio packets from first and second headsets to be received by a single audio device (Cheong figures 2A and 2C; pg. 8, ¶ 0072 pg. 11, ¶ 0110, ¶ 0114 - ¶ 0115).
As to claim 3, Qin in view of Pedersen and Cheong further discloses wherein the first communication period and the second communication period are time division periods in the communication cycle; or the first communication period and the second communication period are same time periods in the communication cycle (Cheong figures 8A-10; pg. 12, ¶ 0130 - ¶ 0132; pg. 14, ¶ 0156).
As to claim 4, Qin in view of Pedersen and Cheong further discloses wherein the first communication period comprises at least one first communication sub-period and at least one second communication sub-period, wherein the at least one first communication sub-period is used to transmit the first audio packet to the audio device, and the at least one second communication sub-period is used to retransmit the first audio packet to the audio device when the first audio packet is unsuccessfully transmitted; and the second communication period comprises at least one third communication sub-period and at least one fourth communication sub-period, wherein the at least one third communication sub-period is used to transmit the second audio packet to the audio device, and the at least one fourth communication sub-period is used to retransmit the second audio packet to the audio device when the second audio packet is unsuccessfully transmitted (Cheong figures 8A-9B; pgs. 12-13, ¶ 0133 - ¶ 0134, ¶ 0144).
As to claim 10, Qin in view of Pedersen and Cheong further discloses wherein before transmitting the first audio packet to the audio device, the first wireless transceiver is further configured to establish the first communication connection with the audio device, and perform clock calibration with the audio device over the first communication connection; and before transmitting the second audio packet to the audio device, the second wireless transceiver is further configured to establish the second communication connection with the audio device, and perform clock calibration with the audio device over the second communication connection (Pedersen pg. 9, ¶ 0117; pg. 10, ¶ 0120; Cheong pg. 6, ¶ 0058 - ¶ 0059; pg. 7, ¶ 0061).
As to claim 13, Qin in view of Pedersen and Cheong further discloses wherein the wireless transceiver is further configured to: receive first indication information from the audio device, and determine, based on the first indication information, a communication period used by the wireless transceiver to transmit the first audio packet in a communication cycle (Cheong figures 2A and 2C; pg. 8, ¶ 0072; pg. 11, ¶ 0114 - ¶ 0115; pgs. 12-13, ¶ 0130 - ¶ 0131; pg. 14, ¶ 0155).
As to claim 14, Qin in view of Pedersen and Cheong further discloses wherein the communication period comprises at least one first communication sub-period and at least one second communication sub-period, wherein the at least one first communication sub-period is used to transmit the first audio packet to the audio device; and the at least one second communication sub-period is used to retransmit the first audio packet to the audio device when the first audio packet is unsuccessfully transmitted (Cheong figures 8A-9B; pgs. 12-13, ¶ 0133 - ¶ 0134, ¶ 0144).
As to claim 20, Qin in view of Pedersen and Cheong further discloses further comprising: receiving first indication information from the audio device; determining, based on the first indication information, a first communication period to transmit the first audio packet in a communication cycle; receiving second indication information from the audio device; and determining, based on the second indication information, a second communication period to transmit the second audio packet in the communication cycle (Cheong figures 2A and 2C; pg. 8, ¶ 0072; pg. 11, ¶ 0114 - ¶ 0115; pgs. 12-13, ¶ 0130 - ¶ 0131; pg. 14, ¶ 0155).
Response to Arguments
7. Applicant's arguments filed November 21, 2025 have been fully considered but they are not persuasive.
Regarding amended claims 1, 12 and 19, Applicant argues that “the cited portions of Pedersen, as may be understood, are directed to provisioning of frame buffers that can receive audio either or before processing, with the audio data being sent to an audio rendering device,” and “generally, Pedersen discloses such audio data being sent to an audio rendering device from a wireless communications device.” That is, “Pedersen is directed to wireless streaming of audio from a device such as a mobile phone to a device such as a stereo speaker set, and methods for synchronizing such wirelessly transmitted stereo audio between both channels of the stereo speaker set,” however, “neither Qin nor Pedersen teaches sending a first audio packet to an audio
device, the audio device performing audio data processing on first audio data in the audio packet to generate a second audio packet, then receiving the second audio packet - which is generated from the first audio packet - from the audio device.” Applicant argues that “at best, Qin and Pedersen teach that audio received from a capturing device may be processed, and that processed audio may be sent to the capturing device,” and that “there is no teaching or suggestion, however, that the audio sent to the capturing device is generated from the audio sent from the capturing device.”
Examiner respectfully disagrees. Qin discloses a wireless headphone system having most of the features of claims 1, 12 and 19, including first and second headsets with first and second encoders for encoding audio received from a microphone for transmission to a mobile device (see figure 1; pg. 5, ¶ 0018; pg. 7, ¶ 0023; pgs. 15-16, ¶ 0056 - ¶ 0057). Qin further discloses the audio received at the mobile device from first and second headsets being processed and stored for future playback, and the first and second headsets further being configured to playback audio received from the audio device (see pg. 15, ¶ 0054; pgs. 18-20, ¶ 0060 - ¶ 0064, ¶ 0066). Qin however does not expressly disclose the transceivers transmitting first and second audio packets, and receiving a third and fourth audio packets from the audio device, the third and fourth audio packets being generated from respective first and second audio packets by the audio device performing audio data processing on the first and second audio data in the first and second audio packets.
That is, while Qin discloses the transmission and reception of encoded audio data exchanged between respective headsets and the mobile device before and after processing in the mobile device, it does not expressly disclose the exchange of audio packets in particular. Pedersen is therefore relied on for disclosing a similar wireless headphone with headsets in communication with an audio device (see figure 1; pg. 9, ¶ 0117), and further for teaching the use of bi-directional communication links for transmitting and receiving audio packets with encoded data, including audio packets received at the audio device for further processing (see figures 1-2; pg. 1, ¶ 0014; pgs. 3-4, ¶ 0027 - ¶ 0028; pg. 6, ¶ 0055; pg. 9, ¶ 0117; pg. 11, ¶ 0123 - ¶ 0124). The use of audio packets in particular when transmitting and receiving audio data between wireless device is therefore considered obvious before the effective filing date of the claimed invention, as the use of audio data packets for wireless communication devices is well known in the art, particularly for Bluetooth communication protocols and binaural hearing instrument systems (Pedersen pgs. 1-2, ¶ 0013 - ¶ 0019; pg. 3, ¶ 0023; pg. 11, ¶ 0125; pg. 13, ¶ 0162). Examiner respectfully maintains the claimed invention as obvious in view of the combined teachings of Qin and Pedersen.
Conclusion
8. 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.
9. 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