DETAILED ACTION
This office action is in response to communication(s) filed on January 8th, 2026.
Claims 2, 10, 18 and 20 have been cancelled.
Claims 1, 4, 8-9, 12, 16-17, and 19 have been amended.
Claims 1, 3-9, 11-17, and 19 are currently pending.
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 .
Response to Amendment
The reply filed on 01/08/2026 has been entered. Applicant’s arguments with respect to claims 1, 3-9, 11-17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, the newly added reference Buttolo teaches the argued limitations: See below for explanations or details
Buttolo further teaches an end device that is a first end device (Buttolo, Page 2, Paragraphs 27-28, Paragraph 30, Paragraph 32, personal devices 104), comprising:
a second communications channel for coupling a second device (Buttolo, Page 3, Paragraph 42, wireless connections 120) wherein the first end device communicates with the second end device on the second communications channel to exchange control information to influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device (Buttolo, Page 2, Paragraphs 27-28, vehicle computing system, phone, personal device; Paragraph 30-32, personal devices 104, head unit or other centralized computing platform of the vehicle),
wherein the second communications channel is established based on a detected on-head or off-head status of one of the first or second end devices, wherein the detected on-head or off-head status indicates whether the one of the first or second end device is being worn by a user (Buttolo, Page 3, Paragraph 40, automatically reconnected to the personal devices 104 referenced in the paired device data 124 without user intervention); and
wherein the first end device is one of a head unit of a vehicle audio system and a wearable audio device, and the second end device is the other of the head unit of the vehicle audio system and the wearable audio device (Buttolo, Page 2, Paragraph 30, vehicle head unit; Page 5, Paragraph 66, personal device, headset, vehicle computing system).
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.
Claims 1, 3-5, 8-9, 11-13, and 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al, U.S. Patent No 11,297,670 (hereinafter “Li”) as modified by Buttolo et al. US 2017 0149946A1 (hereinafter “Buttolo”) and further in view of Lee et al., U.S. Patent No 9,924,011 (hereinafter “Lee”).
Regarding Claim 1, Li teaches an end device that is a first end device (Col. 6, Lines 13-32, Fig. 1, primary sink device), comprising:
a first communications channel for coupling to a source device for the transfer of playback media or call audio (Col. 3, Lines 55-67, Col. 4, Lines 1-15, direct communication link, source device, primary sink device; Col. 6, Lines 33-46, source-to-audio bud (S2B) link 120; Col. 5, Lines 64-67, Col. 6, Lines 1-12, the source device 105 and the primary sink device 110 may be used to exchange data (e.g., audio streaming) over the S2B link 120); and
a second communications channel for coupling to a second end device (Col. 6, Lines 33-46, audio bud-to-audio bud (B2B) link 125, primary audio bud 110, secondary audio bud 115), wherein
the first end device communicates with the second end device on the second communications channel to exchange control information to influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device (Col. 3, Lines 55-67, Col. 4, Lines 1-15, primary sink device and the secondary sink device, exchange data),
wherein the second communications channel is established based upon a detected on-head or off-head status of one of the first or second end devices (Col. 7, Lines 29-48, the primary audio bud and the secondary audio bud may have a primary/secondary relationship over the B2B link, according to sink coordination scheme, primary/secondary coordination setting based on based on current conditions; Col. 9, Lines 16-29, sink identification engine, configurable determination of primary sink device of a plurality of paired sink devices), wherein the detected on-head or off-head status indicates whether the one of the first or second end device is being worn by a user; and
wherein the first end device is one of a head unit of a vehicle audio system and a wearable audio device, and the second end device is the other of the head unit of the vehicle audio system and the wearable audio device (Li, Col. 7, Lines 7-48, primary audio bud 110, secondary audio bud 115).
Li fails to fully teach the limitation:
The second communications channel is established based a detected on-head or off-head status of one of the first or second end devices (Li discloses the sink device may include a user input component that is directly entered on the user input component or registered using a sensor, Col. 4, Lines 53-57).
However, Buttolo further teaches an end device that is a first end device (Buttolo, Page 2, Paragraphs 27-28, Paragraph 30, Paragraph 32, personal devices 104), comprising:
a second communications channel for coupling a second device (Buttolo, Page 3, Paragraph 42, wireless connections 120) wherein the first end device communicates with the second end device on the second communications channel to exchange control information to influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device (Buttolo, Page 2, Paragraphs 27-28, vehicle computing system, phone, personal device; Paragraph 30-32, personal devices 104, head unit or other centralized computing platform of the vehicle),
wherein the second communications channel is established based on a detected on-head or off-head status of one of the first or second end devices, wherein the detected on-head or off-head status indicates whether the one of the first or second end device is being worn by a user (Buttolo, Page 3, Paragraph 40, automatically reconnected to the personal devices 104 referenced in the paired device data 124 without user intervention); and
wherein the first end device is one of a head unit of a vehicle audio system and a wearable audio device, and the second end device is the other of the head unit of the vehicle audio system and the wearable audio device (Buttolo, Page 2, Paragraph 30, vehicle head unit; Page 5, Paragraph 66, personal device, headset, vehicle computing system).
Paragraph 52 of the examined disclosure states, “the head unit may include a toggle-like feature automatically routing the audio based on if the wearable is on-head (don) or off-head(doff). For example, if the "on-head" status of the wearable audio device is don, then the audio may be automatically routed to the wearable audio device. Similarly, if the "on-head" status of the wearable audio device is doff, then the audio may be automatically routed to the head unit. This feature may be toggled (activated or deactivated) according to user input received by the user interface of the head unit."
Buttolo and Li are considered to be analogous to the claimed invention because they are in the same field of services specially adapted for wireless communication networks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li to incorporate the teachings of Buttolo wherein the second communications channel is established based upon one or more of a detected proximity between the first and second end devices, a signal strength indication, an identification of a user, a detected on-head or off-head status of one of the first or second end devices, and a wireless advertisement or beacon. Doing so would expand the parameters for which the second communications channel is established, reducing manual interaction of the user.
Li as modified by Buttolo fails to fully teach:
Influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device.
However, Lee teaches an end device that is a first end device, comprising:a first communications channel for coupling to a source device for the transfer of playback
media or call audio (Lee, Col. 5, Lines 21-67, Col. 6, Lines 1-4, audio signal transfer process, Fig. 1, hands-free unit 126, mobile device 102); and a second communications channel for coupling to a second end device, wherein the first end device communicates with the second end device on the second communications channel to exchange control information to influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device (Lee, Col. 5, Lines 21-67, Col. 6, Lines 1-4, audio signal transfer process, Fig. 1, hands-free unit 126, in-vehicle head unit 112, mobile device 102; Col. 1, Lines 48-62, controlling audio signal transfer from a mobile device to a hands-free device in a vehicle multimedia system),
wherein the second communications channel is established based on a detected on-head or off-head status of one of the first or second end devices, wherein the detected on-head or off-head status indicates whether the one of the first or second end device is being worn by a user (Lee, Col. 8, Lines 15-33, hands-free mode can be initiated by user via interaction with a pre-programmed hot key of the mobile device and/or interaction with soft buttons displayed on the touch screen interface or physical components [knobs, switches] of the vehicle head unit); and
wherein the first end device is one of a head unit of a vehicle audio system and a wearable audio device, and the second end device is the other of the head unit of the vehicle audio system and the wearable audio device (Lee, Col. 5. Lines 21-67, Col. 6, Lines 1-4, audio signal transfer process, Fig. 1, hands-free unit 126, vehicle head unit 112, mobile device 102).
Lee, Buttolo and Li are considered to be analogous to the claimed invention because they are in the same field of services specially adapted for wireless communication networks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li in view of Buttolo to incorporate the teachings of Lee to influence operation between the second end device and the source device for the transfer of playback media or call audio between the second end device and the source device. Doing so would expand the parameters for which the second communications channel is established, which would enable seamless transfer of playback media or call audio, further reducing manual interaction of the user.
Method Claim 9 is drawn to the method of using the corresponding apparatus claimed in Claim 1. Therefore, method Claim 9 corresponds to apparatus Claim 1 and is rejected for the same reasons of obviousness used above.
Regarding Claim 17, it differs from Claim 1 only in that it is a first end device, comprising a second communications channel for coupling to a second end device, wherein the first end device communicates with the second end device on the second communications channel to exchange control information to influence operation between the second end device and the source device for the provision of navigation prompts between the second end device and the source device. (Lee teaches the provision of navigation prompts between the second end device and the source device in Col. 6, Lines 47-50, navigational mode). It recites similar limitations as in Claim 1 and Li as modified by Buttolo and further in view of Lee discloses them.
Method Claim 19 is drawn to the method of using the corresponding apparatus claimed in Claim 17. Therefore, method Claim 19 corresponds to apparatus Claim 17 and is rejected for the same reasons of obviousness used above.
Regarding Claim 3 and Claim 11, Li as modified by Buttolo teach the end device of Claim 1 and the method of Claim 9, respectively, wherein the detected on-head or off-head status triggers switching playback between the first and second end devices (Li, Col. 4, Lines 53-57, sink device, sensor-based user input registration; Col. 7, Lines 29-48, B2B link, configuration of primary audio bud and secondary audio bud; Col. 9, Lines 16-29, sink identification engine; Buttolo, Page 3, Paragraph 40, automatic reconnection to personal devices referenced in the paired device data; Lee, Col. 5. Lines 21-67, Col. 6, Lines 1-4, audio signal transfer process; Col. 8, Lines 15-33, user initiated hands-free mode).
Regarding Claim 4 and Claim 12, Li as modified by Buttolo teach the end device of Claim 1 and the method of Claim 9, respectively, wherein a wireless advertisement or beacon is transmitted by one of the first end device and the second end device and received by the other of the first end device and the second end device (Li, Col. 1, Lines 63-67, Col. 2, Lines 1-7, link statistics, primary sink device, secondary sink device; Buttolo, Pages 3-4, Paragraphs 43-46, beacon).
Regarding Claim 5 and Claim 13, Li as modified by Buttolo teach the end device of Claim 1 and the method of Claim 9, respectively, wherein the first end device is configured to automatically scan for the wireless advertisement or beacon upon start-up (Li, Col. 1, Lines 63-67, Col. 2, Lines 1-7, eavesdrop communication link; Col. 6, Lines 35-46, B2B link 125, Line 67, Col. 7, Lines 1-6; Buttolo, Pages 3-4, Paragraphs 43-46, beacon).
Regarding Claim 8 and Claim 16, Li as modified by Buttolo teach the end device of Claim 1 and the method of Claim 9, respectively, wherein the second end device to form the second communications channel is selected from a plurality of end devices based on a signal strength indication (Li, Col. 10, Lines 50-67, Col. 11, Lines 1-4, link statistics; Col. 12, Lines 48-67, Col. 13, Lines 1-17, link statistics, determine which of the two sink devices 110, 115 should be set as the primary; Buttolo, Page 3, Paragraph 43, identify proximity of the personal devices 104, signal strength 116).
Claims 6-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li as modified by Buttolo further in view of Lee and further modified by Bloomcamp et al., U.S. Patent No 9,173,238 (hereinafter “Bloomcamp”).
Regarding Claim 6 and Claim 14, Li as modified by Buttolo and further in view of Lee teach the end device of Claim 1 and the method of Claim 9, respectively. Li in view of Lee fails to teach the end device of Claim 6 or the method of Claim 14. Buttolo teaches the end device of Claim 6 and the method of Claim 14, wherein the second end device (Buttolo, Page 2, Paragraph 30, head unit or other centralized computing platform of the vehicle; Page 5, Paragraph 66, vehicle computing system) is associated with a user profile, and wherein the user profile corresponds to one or more indicators (Buttolo, Page 3, Paragraph 40, paired device data 124).
Buttolo fails to fully teach the limitations:
the second end device is associated with a user profile, and wherein the user profile corresponds to one or more indicators.
However, Bloomcamp teaches the end device of Claim 1 and the method of Claim 9 (Bloomcamp, Col. 5, Lines 16-21, mobile devices 102; Col. 9, Lines 7-29, mobile device 400, peripheral devices), wherein the second end device is associated with a user profile, and wherein the user profile corresponds to one or more indicators (Bloomcamp, Col. 6, Lines 23-55, user information).
Bloomcamp, Lee, Buttolo, and Li are considered to be analogous to the claimed invention because they are in the same field of wireless communication networks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li in view of Buttolo and further in view of Lee to incorporate the teachings of Bloomcamp wherein the second end device is associated with a user profile, and wherein the user profile corresponds to one or more indicators. Doing so would create a personalized experience in which multiple users are supported for individualized needs for the transfer of playback media or call audio.
Regarding Claim 7 and Claim 15, Buttolo as modified by Bloomcamp teaches the end device of Claim 6 and the method of Claim 14, respectively, wherein the one or more indicators include a key fob identifier (Bloomcamp, Col. 6, Lines 56-67, Col. 7, Lines 1-3, key fob) and/or one or more vehicle settings (Buttolo, Page 2, Paragraphs 32-33, user-configurable settings).
Reference Cited
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
U.S. Patent No 10,750,302 to Zhong et al. discloses a head-mounted wearable device (HMWD) which may utilize a proximity sensor (e.g., capacitive-based), wherein don/doff data may be generated responsive to the proximity sensor’s detection of an object, such as the user’s head. Information about whether the HMWD is donned or doffed may be used to influence activity and/or communication states of the HMWD. (Zhong, Col. 2, Lines 21-67, Col. 3, Lines 1-18). The HMWD, further comprising a processing module and communication module, may be configured to establish communication with other devices, such as a vehicle computer system, via one or more networks. (Zhong, Col. 4, Lines 18-67, Col. 5, Lines 1-46).
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 GABRIELLE N DAI whose telephone number is (571)272-6693. The examiner can normally be reached Mon - Thu. 8:30am - 5:30pm.
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/GABRIELLE N DAI/Examiner, Art Unit 2681
/AKWASI M SARPONG/SPE, Art Unit 2681 5/9/26
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