DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Office action is responsive to the Request for Continued Examination (RCE) filed under 37 CFR §1.53(d) for the instant application on October 24, 2025. Applicants have properly set forth the RCE, which has been entered into the application, and an examination on the merits follows herewith.
Claim 1 is canceled; claims 2-21 are pending and have been considered below.
Double Patenting
Claims 2-21 of this application is patentably indistinct from claims 1-29 of Application No. 18/442,925. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 2-21 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-29 of copending Application No. 18/442,925 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Instant Application 18/419,412
Copending Application No. 18/442,925
2. Headphones comprising:
a first earbud and a second earbud to be inserted into respective outer ears, the first earbud including a first circuit board, the second earbud including a second circuit board, wherein the first earbud further includes:
a first microphone array connected to the first circuit board;
a camera;
a first programmable input device connected to the first circuit board and being responsive to touch, the first programmable input device configured for a first type of touch to cause the first circuit board to perform a first function, the first programmable input device further configured for a second type of touch to cause the first circuit board to perform a second function; and
a first digital signal processor configured for voice communication, the first digital signal processor configured for a voice command to cause the first circuit board to perform a third function.
1. . Headphones comprising:
a first earbud and a second earbud to be inserted into respective outer ears, the first earbud including a first circuit board, the second earbud including a second circuit board, wherein the first earbud further includes:
a first microphone array connected to the first circuit board;
a first cryptographic component included in the first circuit board, the first cryptographic component to encrypt data of the first circuit board and decrypt data received by the first earbud; and
a first programmable input device connected to the first circuit board and being responsive to touch, the first programmable input device configured for a first type of touch to cause the first circuit board to perform a first function, the first programmable input device further configured for a second type of touch to cause the first circuit board to perform a second function;
a first digital signal processor configured for voice communication, the first digital signal processor configured for a voice command to cause the first circuit board to perform a third function.
Claim 3. The headphones of claim 2, wherein the first programmable input device is a capacitive touch control.
Claim 2. The headphones of claim 1, wherein the first programmable input device is a capacitive touch control.
Claim 4. The headphones of claim 2, wherein the first programmable input device is configured for being programmed with a shortcut key
Claim 3. The headphones of claim 1, wherein the first programmable input device is configured for being programmed with a shortcut key
Claim 5. The headphones of claim 2, wherein the first circuit board includes a cryptographic server
Claim 5. The headphones of claim 1, wherein the first cryptographic component includes a cryptographic server.
Claim 6. The headphones of claim 5, wherein the cryptographic server is executed by a cryptographic processor.
Claim 6. The headphones of claim 5, wherein the cryptographic server is executed by a cryptographic processor.
Claim 7. The headphones of claim 5, wherein the first circuit board includes a central processing unit, and wherein the cryptographic server is executed by the central processing unit
Claim 7. The headphones of claim 5, wherein the first circuit board includes a central processing unit, and wherein the cryptographic server is executed by the central processing unit.
Claim 8. The headphones of claim 2, wherein the first circuit board is configured for near-field communication
Claim 10. The headphones of claim 1, wherein the first circuit board is configured for near-field communication.
Claim 9. The headphones of claim 8, wherein the first circuit board includes a Bluetooth chip configured for the near-field communication
Claim 11. The headphones of claim 10, wherein the first circuit board includes a Bluetooth chip configured for the near-field communication.
Claim 10. The headphones of claim 9, further comprising an application programming interface to third party services.
Claim 12. The headphones of claim 11, further comprising an application programming interface to third party services.
Claim 11. The headphones of claim 2, wherein the first circuit board further includes an accelerometer.
Claim 13. The headphones of claim 1, wherein the first circuit board further includes an accelerometer.
Claim 12. The headphones of claim 2, wherein the voice command corresponds to changing an operating mode associated with the headphones.
Claim 14. The headphones of claim 1, wherein the voice command corresponds to changing an operating mode associated with the headphones.
Claim 13. The headphones of claim 2, wherein the voice command corresponds to selecting media to be played by the headphones.
Claim 15. The headphones of claim 1, wherein the voice command corresponds to selecting media to be played by the headphones.
Claim 14. The headphones of claim 2, wherein the voice command corresponds to sharing media currently being played by the headphones on social media.
Claim 16. The headphones of claim 1, wherein the voice command corresponds to sharing media currently being played by the headphones on social media.
Claim 15. The headphones of claim 2, wherein the first circuit board is configured to determine a location of the headphones.
Claim 21. The headphones of claim 1, wherein the first circuit board is configured to determine a location of the headphones.
Claim 16. The headphones of claim 15, wherein the first earbud includes a global positioning system device connected to the first circuit board, and wherein the location of the headphones is determined using the global positioning system device.
Claim 22. The headphones of claim 21, wherein the first earbud includes a global positioning system device connected to the first circuit board, and wherein the location of the headphones is determined using the global positioning system device.
Claim 17. The headphones of claim 15, wherein the first circuit board includes location determining software, and wherein the location of the headphones is determined using the location determining software.
Claim 18. The headphones of claim 2, wherein the first circuit board is configured for acoustic tuning of the headphones.
Claim 25. The headphones of claim 24, wherein the voice communication package is configured for acoustic tuning of the headphones.
Claim 19. The headphones of claim 2, wherein the headphones are configured for user interaction with social media.
Claim 26.The headphones of claim 1, wherein the headphones are configured for user interaction with social media.
Claim 20. The headphones of claim 19, wherein the first function corresponds to creating a post on the social media
Claim 21. The headphones of claim 2, wherein the first circuit board is configured for performing noise canceling.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2-4, 12-13, 15, 18 and 21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Terlizzi et al. (U.S. 2012/0224710) in view of Hollemans et al. (U.S. Patent No. 7,925,029).
With regard to claim 2, Terlizzi teaches headphones ([abstract] A wireless headset device that includes an earbud assembly) comprising:
a first earbud and a second earbud to be inserted into respective outer ears ([abstract] an earbud assembly and a primary housing assembly, fixed to the earbud assembly; [0013] the shape of headset earpieces (e.g., earbuds); [0094 Headsets can include one or more speakers (in proximity to one or both ears) for audio output and/or one or more microphones for audio input), the first earbud including a first circuit board ([abstract] the earbud assembly can include can include an earbud flexible circuit board having mounted thereon a receiver and processing circuitry; [0043] FIGS. 19A and 19B are illustrations comparing the traditional circuit board of FIGS. 7A-7C to a circuit board with an improved distribution of electrical components in a headset), the second earbud including a second circuit board ([abstract] the earbud assembly can include an earbud flexible circuit board having mounted thereon a receiver and processing circuitry; [0043] FIGS. 19A and 19B are illustrations comparing the traditional circuit board of FIGS. 7A-7C to a circuit board with an improved distribution of electrical components in a headset), wherein the first earbud further includes:
a first microphone array connected to the first circuit board ([0094] one or more microphones; [0095] examples of operational components can include microphones; [0118] Headset 10 also includes microphone 17 for capturing speech provided by a user. The microphone is typically located internal to the primary housing. One or more acoustical ports may be configured into the primary housing in order to provide an acoustical path from outside the primary housing to the microphone); and
a first digital signal processor ([0039] core processor of a headset; [0096] a processor, and its accompanying circuitry can be located in the earbud) configured for voice communication ([0014] the acoustic performance of headsets, such as receiver sound generation quality and microphone sound reception quality (e.g., ability to pick up a user’s voice without undue background noise); [0148] enabling a microphone inside housing 1010 to receive acoustic signals (e.g., a user’s voice)), the first digital signal processor configured for a voice command to cause the first circuit board to perform a third function ([0014] the acoustic performance of headsets, such as receiver sound generation quality and microphone sound reception quality (e.g., ability to pick up a user’s voice without undue background noise); [0148] enabling a microphone inside housing 1010 to receive acoustic signals (e.g., a user’s voice); [0281] Heights 5581 and 5582 can also provide an adequate groove for sound from a user’s voice to reach a microphone embedded in connector plate 5540 (see e.g., microphone 17 of FIG. 1)). However, Terlizzi does not specifically teach:
- a camera;
- a first programmable input device connected to the first circuit board and being responsive to touch, the first programmable input device configured for a first type of touch to cause the first circuit board to perform a first function, the first programmable input device further configured for a second type of touch to cause the first circuit board to perform a second function;
Hollemans teaches a personal audio system [abstract] which includes a camera ([col. 6, lines 14-20] The remote control may be extended for this purpose with means for detecting a gesture, e.g. a laser beetle, a small camera, an IR movement sensor, or a cross-capacitance sensor. The system may be arranged to detect a gesture being made on the area). Hollemans also includes a first programmable input device ([col. 6, lines 36-40] the system may be arranged to operate in a plurality of modes, and to switch between the modes. A function that depends on the mode may be invoked in response to an input on the remote control) connected to the first circuit board ([col. 3, lines 50-60] FIG. 6 shows an example of a circuit for the touch-detecting means 124) and being responsive to touch ([col. 6, lines 35-45] Each mode may e.g. correspond to an application of the system. The system may switch to another application in response to a command of the user, for example given via the touch-sensitive area Touching the left earpiece, for example, may cause a move through a circular list of applications, and an application may be activated by touching the right earpiece), the first programmable input device configured for a first type of touch to cause the first circuit board to perform a first function ([col. 1, lines 50-60] merely touching the remote controller somewhere on its touch-sensitive area operates said remote controller, which detects being touched and subsequently sends the control signal to the device), the first programmable input device further configured for a second type of touch to cause the first circuit board to perform a second function ([col. 2, lines 35-47] detect a further temporal pattern in the further touch-sensitive area being touched, and to send the further control signal in response to detecting the further temporal pattern). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi, with the touch audio system taught by Hollemans, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 3, the limitations are addressed above and Terlizzi teaches a touch pad [0113]. However, Terlizzi does not specifically teach:
- wherein the first programmable input device is a capacitive touch control.
Hollemans teaches a personal audio system [abstract] being responsive to a capacitive touch control ([col. 6, lines 35-45] Each mode may e.g. correspond to an application of the system. The system may switch to another application in response to a command of the user, for example given via the touch-sensitive area Touching the left earpiece, for example, may cause a move through a circular list of applications, and an application may be activated by touching the right earpiece). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi, with the touch audio system taught by Hollemans, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 4, the limitations are addressed above and Terlizzi teaches wherein the first programmable input device is configured for being programmed with a key ([0165] from computers and cell phones to keyboards and headphones; [0168] the devices can establish a trusted relationship by using a secret passkey. This passkey is typically provided by a user or stored on memory in a device). However, Terlizzi does not specifically teach:
- programmed with a shortcut key
Hollemans teaches a personal audio system [abstract] with a first programmable input device ([col. 6, lines 36-40] the system may be arranged to operate in a plurality of modes, and to switch between the modes. A function that depends on the mode may be invoked in response to an input on the remote control). Hollemans also teaches a device configured for being programmed with a shortcut key ([col. 2, lines 10-20] the temporal pattern is a particularly appropriate user interface, because it is easy to create temporal patterns in touching the area rhythmically and because the temporal patterns can constitute a natural and consistent interface. An example is a single short tap for pause/play, double short tap for next track, triple short tap for next artist/album and a long tap for adjusting the volume; [col. 4, lines 46-50] a basic temporal pattern that can be detected is a short tap, which consists of the touch-sensitive area 122 being initially untouched and subsequently being touched for a short while, and subsequently being untouched again). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi, with the shortcut key taught by Hollemans, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 12, the limitations are addressed above and Terlizzi teaches wherein the voice command corresponds to changing an operating mode associated with the headphones ([0012] Such headsets typically can be used in conjunction with a cellular telephone or a computer (e.g., Voice over IP). Some existing headsets include a microphone, a speaker (also referred to as a receiver)…; [0148] connector 1040 includes at least one port (not shown in FIG. 10A) for enabling a microphone inside housing 1010 to receive acoustic signals (e.g., a user's voice); [0281] Heights 5581 and 5582 can also provide an adequate groove for sound from a user's voice to reach a microphone embedded in connector plate 5540 (see e.g., microphone 17 of FIG. 1)).
With regard to claim 13, the limitations are addressed above and Terlizzi teaches wherein the voice command corresponds to selecting media to be played by the headphones ([0148] connector 1040 includes at least one port (not shown in FIG. 10A) for enabling a microphone inside housing 1010 to receive acoustic signals (e.g., a user's voice); [0281] Heights 5581 and 5582 can also provide an adequate groove for sound from a user's voice to reach a microphone embedded in connector plate 5540 (see e.g., microphone 17 of FIG. 1)).
With regard to claim 15, the limitations are addressed above and Terlizzi teaches wherein the first circuit board is configured to determine a location of the headphones ([0336] while one embodiment can include a Bluetooth headset, one or more features of the present invention also can be incorporated into headsets employing other wired and/or wireless communication protocols).
With regard to claim 18, the limitations are addressed above and Terlizzi teaches wherein the first circuit board is configured for acoustic tuning of the headphones ([0103] Another aspect of the invention relates to acoustical paths, ports and volumes that are built through a small compact headset in order to improve acoustical performance of the microphone and/or speaker (with limited impact on the form factor of the headset). In one embodiment, in order to control the flow of air through an earbud, acoustic ports can be integrated into one or more electronic components disposed therein and/or the earbud housing).
With regard to claim 21, the limitations are addressed above and Terlizzi teaches wherein the first circuit board is configured for performing noise canceling ([0014] the acoustic performance of headsets, such as receiver sound generation quality and microphone sound reception quality (e.g., ability to pick up a user's voice without undue background noise)).
Claims 5-7 and 16-17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Terlizzi et al. (U.S. 2012/0224710) in view of Hollemans et al. (U.S. Patent No. 7,925,029) and further in view of Rosenblatt et al. (U.S. 2009/0182913).
With regard to claim 5, the limitations are addressed above and Terlizzi teaches a first cryptographic component ([0170] encrypt/decrypt transmissions). However, Terlizzi does not specifically teach:
- wherein the first circuit board includes a cryptographic server
Rosenblatt teaches headphones component (Fig. 1, 190; [abstract] a media headset; [0025] FIG. 1 shows communications topology 100 that may include computer 101, media device 103, and audio communications device; [0031] Audio communications device 190, e.g., a headset, may be utilized to provide an audio functionality associated with media device 103). Rosenblatt also teaches wherein the first cryptographic component includes a cryptographic server ([0053] cryptographic response for the security challenge; [0117] The technical mechanisms may involve cryptographic techniques for securing the digital content). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the component piece taught by Rosenblatt, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 6, the limitations are addressed above and Terlizzi teaches a first cryptographic component ([0170] encrypt/decrypt transmissions). While Terlizzi does mention cryptographic transmissions, Terlizzi does not specifically teach:
- wherein the cryptographic server is executed by a cryptographic processor
Rosenblatt teaches headphones component (Fig. 1, 190; [abstract] a media headset; [0025] FIG. 1 shows communications topology 100 that may include computer 101, media device 103, and audio communications device; [0031] Audio communications device 190, e.g., a headset, may be utilized to provide an audio functionality associated with media device 103). Rosenblatt also teaches wherein the cryptographic server is executed by a cryptographic processor ([0053] cryptographic response for the security challenge; [0117] The technical mechanisms may involve cryptographic techniques for securing the digital content). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the component piece taught by Rosenblatt, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 7, the limitations are addressed above and Terlizzi teaches wherein the first circuit board includes a central processing unit ([0096] the primary housing includes an antenna, user interface button, indicator or display (e.g., LEDs), battery, microphone, and/or a connector along with any accompanying circuitry while a speaker, a processor, and its accompanying circuitry can be located in the earbud; [0111] Processor 20 can be electrically coupled to the other components of headset 10 through circuit boards and/or cables), and wherein the cryptographic server is executed by the central processing unit ([0170] This section includes code to generate/receive radio signals, correct transmission errors and encrypt/decrypt transmissions, among other things. The Host Controller Interface (HCI) 1304 is a standardized interface between the low-level Bluetooth functions and applications. The HCI layer represents a division between the Lower Stack 1302 functions handled by a dedicated Bluetooth processor and the rest of the functions handled by an application-specific processor).
With regard to claim 16, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the first earbud includes a global positioning system device connected to the first circuit board, and wherein the location of the headphones is determined using the global positioning system device
Rosenblatt teaches wherein the first earbud includes a global positioning system device connected to the first circuit board ([0079] Other network standards may include Bluetooth, the Global System for Mobile Communications (GSM), code division multiple access (CDMA), and long-term evolution (LTE) based wireless protocols), and wherein the location of the headphones is determined using the global positioning system device ([0079] Other network standards may include Bluetooth, the Global System for Mobile Communications (GSM), code division multiple access (CDMA), and long-term evolution (LTE) based wireless protocols). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the positioning system taught by Rosenblatt, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
With regard to claim 17, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the first circuit board includes location determining software, and wherein the location of the headphones is determined using the location determining software
Rosenblatt teaches wherein the first circuit board includes location determining software ([0112] The headset may be physically transported from one location to another location by a user), and wherein the location of the headphones is determined using the location determining software ([0112] The headset may be physically transported from one location to another location by a user). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the positioning system taught by Rosenblatt, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
Claims 8-9, 11, 14 and 19-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Terlizzi et al. (U.S. 2012/0224710) in view of Hollemans et al. (U.S. Patent No. 7,925,029) and further in view of Carlson (U.S. 2013/0246199).
With regard to claim 8, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the first circuit board is configured for near-field communication
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein the first circuit board is configured for near-field communication ([0072] the user device may utilize communication protocols such as, but not limited to: near-field communication, RF signals, Bluetooth.TM., infrared, Wi-Fi, cellular communication, telephone/modem dialing, and/or the like). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the communication protocol as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
With regard to claim 9, the limitations are addressed above and Terlizzi teaches wherein the first circuit board includes a Bluetooth chip ([0107] the headset can include communication electronics based on the Bluetooth wireless protocol. The communication electronics may, for example, include or correspond to a Bluetooth System-on-a-Chip (SoC)). However, Terlizzi does not specifically teach:
- configured for the near-field communication
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein the first circuit board is configured for near-field communication ([0072] the user device may utilize communication protocols such as, but not limited to: near-field communication, RF signals, Bluetooth.TM., infrared, Wi-Fi, cellular communication, telephone/modem dialing, and/or the like). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the communication protocol as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
With regard to claim 11, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the first circuit board further includes an accelerometer
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein the first circuit board further includes an accelerometer ([0129] User input devices 1511 often are a type of peripheral device 512 (see below) and may include: card readers, dongles, finger print readers, gloves, graphics tablets, joysticks, keyboards, microphones, mouse (mice), remote controls, retina readers, touch screens (e.g., capacitive, resistive, etc.), trackballs, trackpads, sensors (e.g., accelerometers, ambient light, GPS, gyroscopes, proximity, etc.), styluses, and/or the like). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the accelerometer as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
With regard to claim 14, the limitations are addressed above and Terlizzi teaches a voice command ([0148] connector 1040 includes at least one port (not shown in FIG. 10A) for enabling a microphone inside housing 1010 to receive acoustic signals (e.g., a user's voice); [0281] Heights 5581 and 5582 can also provide an adequate groove for sound from a user's voice to reach a microphone embedded in connector plate 5540 (see e.g., microphone 17 of FIG. 1)). However, Terlizzi does not specifically teach:
- wherein the voice command corresponds to sharing media currently being played by the headphones on social media
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein the voice command corresponds to sharing media currently being played by the headphones on social media ([0068] posting of information on the user transaction to social media, purchase receipt delivery options, and/or the like. In various implementations, the user input may include, but not be limited to: keyboard entry, card swipe, activating a RFID/NFC enabled hardware device (e.g., electronic card having multiple accounts, smartphone, tablet, etc.), mouse clicks, depressing buttons on a joystick/game console, voice commands, single/multi-touch gestures on a touch-sensitive interface, touching user interface elements on a touch-sensitive display). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the social media aspect as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
With regard to claim 19, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the headphones are configured for user interaction with social media
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein the headphones are configured for user interaction with social media ([0068] posting of information on the user transaction to social media, purchase receipt delivery options, and/or the like. In various implementations, the user input may include, but not be limited to: keyboard entry, card swipe, activating a RFID/NFC enabled hardware device (e.g., electronic card having multiple accounts, smartphone, tablet, etc.), mouse clicks, depressing buttons on a joystick/game console, voice commands, single/multi-touch gestures on a touch-sensitive interface, touching user interface elements on a touch-sensitive display). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the social media aspect as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
With regard to claim 20, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the first function corresponds to creating a post on the social media
Carlson teaches a point-of-transaction account feature redirection system [abstract]. Carlson also teaches wherein creating a post on the social media
([0068] posting of information on the user transaction to social media, purchase receipt delivery options, and/or the like. In various implementations, the user input may include, but not be limited to: keyboard entry, card swipe, activating a RFID/NFC enabled hardware device (e.g., electronic card having multiple accounts, smartphone, tablet, etc.), mouse clicks, depressing buttons on a joystick/game console, voice commands, single/multi-touch gestures on a touch-sensitive interface, touching user interface elements on a touch-sensitive display). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans, with the social media aspect as taught by Carlson, to have achieved storing and transferring data using a headset capable of interfacing with a media device.
Claim 10 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Terlizzi et al. (U.S. 2012/0224710) in view of Hollemans et al. (U.S. Patent No. 7,925,029) and further in view of Carlson (U.S. 2013/0246199) and further in view of Rosenblatt et al. (U.S. 2009/0182913).
With regard to claim 10, the limitations are addressed above. However, Terlizzi does not specifically teach:
- an application programming interface to third party services
Rosenblatt teaches headphones component (Fig. 1, 190; [abstract] a media headset) comprising an application programming interface to third party services ([0121] This makes it difficult for a third party who obtains copies of multiple digital content units associated with a single, legitimate user to guess or derive that legitimate user's personal key. This, in turn, may reduce the unauthorized copying and/or distribution of digital content units). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the ear piece taught by Terlizzi and personal audio system taught by Hollemans and communication protocol as taught by Carlson, with the component piece taught by Rosenblatt, to have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
Response to Arguments
Applicant's arguments filed 10-24-2025 have been fully considered but they are not persuasive. Applicant states that the Double Patenting Rejection and the 103 Rejection lacks merit and should be withdrawn. Examiner respectfully disagrees with Applicant:
Double Patenting Rejection:
A Provisional Statutory Double Patenting Rejection was set forth for the claims of the present invention. A table showing the claims of the present invention, as well as the claims of Copending Application 18/442,925, are listed. The table shows the similarities of the claim language, in respect to the Copending Application 18/442,925. A Double Patenting Rejection was made in view of both applications having the same inventor as well as similar claim language. Both inventions of the present application and the copending application, are aimed towards the same invention, as clearly laid out using the table showing the parallels. As such, the Double Patenting Rejection still stands for the claim language.
103 Rejection:
A rejection of the claims was made as being unpatentable over the Terlizzi reference (U.S. 2012/0224710) in view of the Hollemans (U.S. Patent No. 7,925,029), Rosenblatt et al. (U.S. 2009/0182913), and Carlson (U.S. 2013/0246199) references. The Terlizzi reference was maintained as it teaches a wireless headset device for having earbud assembly, and further includes a microphone and a primary housing circuit board coupled to the earbud circuit board and microphone [abstract]. Terlizzi teaches a first circuit board and a second circuit board as shown by the circuitry taught in the abstract as well as [0043] (FIGS. 19A and 19B are illustrations comparing the traditional circuit board of FIGS. 7A-7C to a circuit board with an improved distribution of electrical components in a headset). Terlizzi also teaches the ability to pick up a user’s voice without background noise, using the microphone sound reception as taught in paragraph [0014] and also in paragraph [0148] by picking up a user’s voice. The claim requires a voice command, which is picked up by the user’s voice. According to Terlizzi, a sound from a user’s voice can reach a microphone embedded in a connector plate [0281]. The system taught by Terlizzi allows for voice communication if the system allows for the conveying of messages such as through spoken word. Terlizzi allows the system to be able to pick up a user’s voice commands as taught. Therefore, the system taught by Terlizzi teaches the limitations of the claim language. Additionally, the Hollemans reference was introduced as it teaches a personal audio system worn in or by a human ear [abstract]. Hollemans also has a touch-detecting means for touching the left earpiece to cause a move through a circular list of applications and further that by touching the right earpiece, a particular application may be activated ([col. 6, lines 35-60]). Therefore, the Hollemans and the Terlizzi references would have achieved a wireless headset device that includes an earbud assembly for communicating with an electronic device.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/ANDREA C LEGGETT/Primary Examiner, Art Unit 2171