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 .
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The drawing correction filed 5/29/26 is acceptable.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1, 9, 10, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al CN 113645573 A (see Google translation CN113645573A - Earphone configuration data sharing method, earphone and storage medium - Google Patents) in view of Lo et al US 20210385886 A1.
5. Consider claim 10. Lin (fig 9 and 300 in fig 1) teaches a Low Energy (LE) (from Lin…. the embodiment uses BLE low power consumption Bluetooth for communication…) audio headset for call sharing (after sharing the configuration data between headsets…. receiving/sending the voice data of the user and so on. ), the LE audio headset (300) comprising: a memory (102); a processor (101); and a call sharing controller (reads on communication module 103) coupled to the memory and the processor, configured for: receiving a request message (reads on first trigger signal at S210 in fig 6, which at that point after sharing the configuration can start the shared call) for sharing a call received at a user device (electronic device) with at least one second LE audio headset (400). Although Lin teaches connecting the first and second headsets though a NFC connection (from Lin …In this embodiment, when the sharing user wants to share the configuration data to the shared user, sharing the user pressing key triggers the first trigger signal, the first earphone opens the NFC initiating connection request. the shared user only needs to close the second earphone close to the first earphone, the first earphone and the second earphone establish communication connection through the NFC, so that the first earphone can send configuration data to the second earphone. the second earphone sets the configuration data in the earphone after receiving the configuration data….), Lin fails to teach wherein the LE audio headset is connected with the user device over a first Connected Isochronous Group (CIG), and establishing a combined call between the LE audio headset and the at least one second LE audio headset using a second CIG to connect the LE audio headset with the at least one second LE audio headset. However, Lo et al teaches plural devices can use plural CIG channels (0113) for teleconference calls (0105). It would have been obvious, before the effective date, to use a second CIG channel for the second headset taught by Lin et al in order to enhance the synchronization between the headsets thus reducing any signal delays.
6. Method claim 1 and CRM claim 16 are rejected for the same reasons as apparatus claim 10 as the recited elements would perform the claimed steps.
7. Regarding claim 9, Lin teaches wherein the call received at the user device is an incoming call (from Lin…. audio module 104 can be used for managing audio data, realizing wireless earphone 100 input and output audio signal. For example, the audio module 104 can obtain the audio signal from the wireless communication module 103, or transmitting the audio signal to the wireless communication module 103, realizing the call through the Bluetooth earphone….).
Response to Arguments
8. Applicant's arguments filed have been fully considered but they are not persuasive. Applicant argues that the combination of Lin and Lo do not teach the subject matter as claimed and that Lo CIG’s are grouped after the connections are made. Regarding Lin, he teaches sending a configuration data from the first to the second earphone to “establish” the shared call between the two earphones (from Lo…. the first earphone sends configuration data to the second earphone; the second earphone receives the configuration data, and performs corresponding setting according to the configuration data…) which reads on the claimed “establishing” by the first LE audio headset a combined call. Lin fails to explicitly state that either connection is CIG. Lo is only provided to show (at 0113) that the use of a first and second CIG to connect audio devices is well known in the art and would have been obvious to substitute for the already established connection to enhance the synchronization of the signals. Whether the CIGs are set up after the call is not relevant as Lin is relied on for “establishing” the call between the two headsets. Applicant is not claiming “creating, by the first LE audio headset, the second CIG between the first LE audio headset, the at least one second LE audio headset, and the user device” which was indicated as allowable over the art of record in the interview of 4/3/26. Applicants’ arguments directed to Spittle in view of Tong are persuasive and the rejection is withdrawn.
Allowable Subject Matter
9. Claims 2-8, 11-15 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The reasons for allowance for these claims can be seen in the non-final office action mailed 2/4/26.
10. 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.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-Th from 530am to 330pm and Fri from 530am to 10am.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CURTIS A KUNTZ/Primary examiner, Art Unit 2646
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