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 September 30, 2025. Applicants have properly set forth the RCE, which has been entered into the application, and an examination on the merits follows herewith.
Claims 1-29 are pending and have been considered below.
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.
Claims 1-4, 9, 14-15, 17-21, 24-25 and 27-29 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 1, Terlizzi teaches headphones ([abstract] wireless headset device) 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 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);
a first cryptographic component included in the first circuit board ([0170] encrypt/decrypt transmissions), the first cryptographic component to encrypt data of the first circuit board ([0170] encrypt transmissions) and decrypt data received by the first earbud ([0170] decrypt transmissions); 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 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] 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) 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 2, the limitations are addressed above and Terlizzi teaches wherein the first programmable input device is a capacitive touch control ([0113] The input mechanisms may be widely varied and may include for example slide switches, depressible buttons, dials, wheels, navigation pads, touch pads, and/or the like).
With regard to claim 3, 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 4, the limitations are addressed above and Terlizzi teaches the first programmable input ([0113] The input mechanisms may be widely varied and may include for example slide switches, depressible buttons, dials, wheels, navigation pads, touch pads, and/or the like). However, Terlizzi does not specifically teach:
- wherein the shortcut key comprises one tap at the first programmable input device
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 the shortcut key comprises one tap at the first programmable input device ([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 9, the limitations are addressed above and Terlizzi teaches wherein the first cryptographic component ([0170] encrypt/decrypt transmissions) is configured for facilitating secure access of secured resources on the first circuit board ([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 14, 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 15, 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 17, the limitations are addressed above and Terlizzi teaches wherein a difference between the first type of touch and the second type of touch corresponds to a length of time ([0335] if a user presses a button on the headset (e.g., button 14 of FIG. 1) for a short amount of time, the system can answer the call while the headset displays a green light and outputs a short low tone followed by a short high tone. While the system is answering the call, the host device can display a call answer screen).
With regard to claim 18, the limitations are addressed above and Terlizzi teaches wherein a difference between the first type of touch and the second type of touch corresponds to a sequence of inputs ([0335] if a user presses a button on the headset (e.g., button 14 of FIG. 1) for a short amount of time, the system can answer the call while the headset displays a green light and outputs a short low tone followed by a short high tone. While the system is answering the call, the host device can display a call answer screen; it is understood that a second touch would differentiate with a first touch).
With regard to claim 19, the limitations are addressed above and Terlizzi teaches at least one of the first or second type of touch ([0335] if a user presses a button on the headset (e.g., button 14 of FIG. 1) for a short amount of time, the system can answer the call while the headset displays a green light and outputs a short low tone followed by a short high tone. While the system is answering the call, the host device can display a call answer screen). However, Terlizzi does not specifically teach:
- comprises a gesture performed with regard to the first programmable input device
Hollemans teaches a gesture performed with regarding to the first programmable input device ([col. 6., lines 14-25] the touch-sensitive area is used for picking up a gesture made on the area with e.g. a stylus or a finger. 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. The gesture detected may be used for controlling a setting of the system…). 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 gesture 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 20, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the gesture comprises a sliding motion
Hollemans teaches a gesture performed ([col. 6., lines 14-25] the touch-sensitive area is used for picking up a gesture made on the area with e.g. a stylus or a finger. 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. The gesture detected may be used for controlling a setting of the system…) and further comprising a sliding motion ([col. 6., lines 14-35] The gesture detected may be used for user identification by matching with initials or an autograph. The gesture may extend into two dimensions, e.g. a planar gesture, or it may extend into three dimensions). 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 gesture 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 21, 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 24, the limitations are addressed above and Terlizzi teaches wherein the digital signal processor is configured to run a voice communication package ([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 25, the limitations are addressed above and Terlizzi teaches wherein the voice communication package 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 27, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein the headphones are configured to serve as a remote control for software executed by another system
Hollemans teaches wherein the headphones are configured to serve as a remote control for software executed by another system ([abstract] a remote controller (120)…used for remotely controlling a device (110); [col. 3, lines 9-20] The remotely controllable device 110 may be, for example, a device for the reproduction of audio from storage media like tape, disc, memory, CD, DVD, etc. It may also reproduce audio from signals like radio signals or packet streams broadcast via media like the air, wireless LAN, Internet, etc. The audio source may be portable as the device 110, but the audio may also originate from a home audio set. The device 110 may also be a communication or messaging device like a mobile phone or a personal digital assistant). 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 remote controller 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 28, the limitations are addressed above. However, Terlizzi does not specifically teach:
- wherein at least one of the first or second earbuds further includes a camera
Hollemans teaches wherein at least one of the first or second earbuds further 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). 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 camera 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 29, the limitations are addressed above and Terlizzi teaches wherein the second earbud ([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) further includes:
a second microphone array connected to the 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); and
a second digital signal processor 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 second digital signal processor configured for the voice command to cause the second circuit board to perform the 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 second programmable input device connected to the second circuit board and being responsive to touch;
Hollemans teaches a personal audio system [abstract] with a second programmable input device ([col. 2, lines 34-48] the system comprises a second controller for remotely controlling the device by sending a further control signal to the device, the second controller having an outer surface with a further touch-sensitive area, the second controller being arranged to be substantially worn in or by a human ear, and the second controller being further arranged to 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; [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 second circuit board ([col. 3, lines 35-60] the controller 120 comprises a second area that is sensitive to being touched, referred to as the further touch-sensitive area 123…FIG. 6 shows an example of a circuit for the touch-detecting means 124) and being responsive to touch ([col. 6, lines 35-45] the controller 120 comprises a second area that is sensitive to being touched, referred to as the further touch-sensitive area 123…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.
Claims 5-8, 12 and 22-23 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 cryptographic component 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:
- 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 8, the limitations are addressed above and Terlizzi teaches wherein a first cryptographic component is configured for encrypting ([0170] encrypt/decrypt transmissions). However, Terlizzi does not specifically teach:
- encrypting all outgoing communications
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 a component is configured for encrypting all outgoing communications ([0003] A user can conduct a telephone call using such accessory. More particularly, a user can receive audio data associated with a telephone call through the two speakers and send audio data associated with the telephone call through the microphone; [0032] Particularly, a user may transmit audio communications with another participant of the telephone call through media device 103 via microphone 195). 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 12, 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, 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 22, 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 23, 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 10-11, 13, 16 and 26 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 10, 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 11, 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 13, 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 16, 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 26, 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.
Response to Arguments
Applicant's arguments filed 9-30-2025 have been fully considered but they are not persuasive. In the remarks, Applicant claims that the Terlizzi reference does not teach a digital signal processor “configured for a voice command to cause the first circuit board to perform a third function”.
Examiner respectfully disagrees with Applicant:
The Terlizzi reference was brought as it teaches a wireless headset device having an earbud assembly, includes a microphone and a primary housing circuit board coupled to the earbud circuit board and the 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 further 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. Terlizzi also teaches that 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA C. LEGGETT whose telephone number is (571)270-7700. The examiner can normally be reached M-F 9am-5pm.
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/ANDREA C LEGGETT/Primary Examiner, Art Unit 2171