Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 12-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Babico (US 2016/0227333 A1).
Consider claim 12. Babico teaches a method of performing a command by an earphone, the method a comprising: receiving an activation input from a user wearing the earphone (Fig.6, ¶0044, rocker type volume control panel 112; abstract, user manipulatable control element; and provide an activation signal when the user provides the activation input to the activation sensor; Fig.6 ¶0044, actuation of switches 114 and 116), providing an output to the user (e.g., volume control: increasing/decreasing, para 36), upon receiving the activation input, receiving an adjustment input from the user (¶0044-¶0045, 339 reflected state and adjust volume according to press of switches 114 and 116), and performing a command if the adjustment input is received simultaneously with reception of the activation input (Fig.6, ¶0045), and wherein the activation input may only be present while a user applies a force to the earphone at the activation input (Fig.6, ¶0044, variable resistors 146a and 146b).
Consider claim 13. Babico further teaches receiving the activation input comprises receiving a force applied by the user at the activation sensor of the earphone (Fig.6, ¶0044, rocker type volume control panel 112; abstract, user manipulatable control element; and provide an activation signal when the user provides the activation input to the activation sensor; Fig.6 ¶0044, actuation of switches 114 and 116).
Consider claim 14. Babico further teaches receiving the adjustment input comprises receiving a rotation of the earphone by the user (¶0042).
Consider claim 15. Babico further teaches receiving the adjustment input comprises receiving a displacement of the earphone by the user (¶0040, spring compression).
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Babico (US 2016/0227333 A1) in view of Tinaphong (US 2013/0188812) and Norris et al (US 2017/0359467).
Consider claim 1. Babico teaches an earphone (abstract, Fig.2) comprising: an earphone housing (Fig.1, Fig.2, ¶0036, housing 102), an activation sensor (Fig.1, ¶0036, volume control panel 112 with volume control 114 and 116) configured to sense an activation input from a user (Fig.6, ¶0044, rocker type volume control panel 112) (abstract, user manipulatable control element) and provide an activation signal when the user provides the activation input to the activation sensor (Fig.6 ¶0044, actuation of switches 114 and 116), an adjustment sensor (Fig.8, ¶0044-¶0045, variable resistor 146a and 146b) configured to sense an adjustment input from the user and provide an adjustment signal (¶0044-¶0045, 339 reflected state and adjust volume according to press of switches 114 and 116); a processing unit (Fig.1, ¶0036, SP 105 (sound processor circuitry 105)) configured to receive the adjustment signal and execute a command if the adjustment signal is received simultaneously with the provided of the activation signal (Fig.6, ¶0045); wherein the activation sensor is a force sensor (Fig.6, ¶0044, variable resistors 146a and 146b).
Babico does not clearly teach the activation sensor is not coupled to the adjustment sensor; and the adjustment input is a movement of the earphone housing.
Tinaphong teaches the activation sensor is not coupled to the adjustment sensor (para 27, audio adjustor 58 is not coupled to any other switches such as Bluetooth selector 6, Bluetooth activation switch 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Tinaphong into the teachings of Babico in order to provide a personal sound amplifier which is small in size and convenient to use and which includes the capability of wirelessly communicating with a remote, external electronic device.
Babico in view of Tinaphong does not clearly teach the adjustment input is a movement of the earphone housing.
Norris teaches the adjustment input is a movement of the earphone housing (para 155, 230: Consider an example in which smart earphones include sensors, such as an inertial motion unit (IMU) with an accelerometer, magnetometer, and gyroscope. The IMU senses or detects an amount and/or speed of rotation of the earphones as worn by the listener. When the amount of rotation and/or speed of rotation of the head reaches a predetermined threshold, the smart earphones execute one or more of the actions (e.g., reduces the volume of the AR sound and/or increases the amplification of the PE sound)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Norris into the teachings of Babico in view of Tinaphong, so that a listener can request the system to provide a report so the listener can determine whether the audio portion of the electronic system is properly functioning.
Consider claim 2. Babico in view of Tinaphong and Norris further teach the adjustment input is a rotation (¶0042, Babico).
Consider claim 3. Babico in view of Tinaphong and Norris further teach the adjustment input is a displacement (¶0040, spring compression, Babico).
Consider claim 4. Babico in view of Tinaphong and Norris further teach the earphone further comprises an output controller and wherein the output controller is configured to provide an output to the user upon receiving the activation input from the user (Fig.2, ¶0036, indicator light (LED) 120, Babico).
Consider claim 5. Babico in view of Tinaphong and Norris further teach the activation sensor, the output controller, the adjustment sensor and the processing unit are arranged at the housing (Fig.1 and Fig.2, Babico).
Consider claim 6. Babico in view of Tinaphong and Norris further teach the activation sensor is arranged at an inside surface and/or an outside surface of the housing (Fig.2, Babico).
Consider claim 7. Babico in view of Tinaphong and Norris further teach the earphone further comprises a transceiver and an antenna and is configured to be wirelessly connected to one or more external devices and/or to another earphone (¶0037-¶0038, Babico).
Consider claim 8. Babico in view of Tinaphong and Norris further teach the earphone further comprises a surface feature for facilitating the activation input and/or the adjustment input provided by the user (Fig.2, ¶0036, control panel 110, Babico).
Consider claim 9. Babico in view of Tinaphong and Norris further teach the surface feature is arranged at the activation sensor and/or the adjustment sensor (Fig.2, Babico).
Consider claim 10. Babico in view of Tinaphong and Norris further teach the command comprises at least one of : volume control; toggle switch; play/pause media content; or activation or deactivation of a functionality of the earphone (¶0036, volume control, Babico).
Consider claim 11. Babico in view of Tinaphong and Norris further teach the earphone further comprises a stem for facilitating the activation input and/or the adjustment input provided by the user (Fig.2, ¶0036, ear hook 122 for secure earpiece housing to user’s ear, Babico).
Response to Arguments
Applicant's arguments filed 8/13/2025 have been fully considered but they are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUC M NGUYEN whose telephone number is (571)272-7503. The examiner can normally be reached 6:30AM-3:45PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc M. Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DUC M. NGUYEN
Supervisory Patent Examiner
Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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