DETAILED ACTION
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 Arguments
On pg. 5, par. 2 of Applicant’s Response, applicant argues that Hirose does not disclose a volume knob assigned to the hands-free-on state together with a separate volume change key assigned to the hands-free-off state.
Examiner respectfully disagrees with applicant’s argument.
Hirose teaches a rotary unit (~volume knob) replacing the determination button 110a (Hirose par. 22) assigned to a hands-free-on state (~earphone mode – Hirose par. 45), wherein the earphone mode is a hands-free-on state since a user does not need to hold the phone to the user’s ear.
Hirose states in par 45, “In step S540, control unit 120 sets (~changed by setting) the volume of the audio signal output to earphone jack 140 (~first volume set/change when the hands-free call function is on – earphone mode is hands-free call function on) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~Hirose [0022], can be a rotary unit (volume knob))” and
in par. 22, “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~volume knob) such as a dial type, instead of a button”)
Hirose teaches a numeric button 110b (~volume change key) assigned to hands-free-off state (~phone speaker mode), wherein a user needs to hold the phone to ear when using speakers on the phone.
Hirose states in par. 46, “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b (~phone speaker mode) according to the input for setting (~setting to change) the volume of speakers 150a and 150b via input unit 110 (~second volume set/change when the hands-free call function is off – speaker mode is hands-free call function off)” and
in par. 21, “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button (~volume change key)).
On pg. 5 of Applicant’s Response, applicant argues that amended claim 1 does not recite that the first and second volume values correspond to different output destinations.
Examiner respectfully disagrees with applicant’s argument. Applicant’s amended claim 1 does not recite that the first and the second volume values correspond to same output destinations and therefore, Hirose does not have to teach that the first and the second volume values correspond to same output destinations.
On pg. 5 of Applicant’s Response, applicant argues that Hirose therefore does not disclose the claimed control by the controller of the on/off state of the hands-free call function.
Examiner respectfully disagrees with applicant’s argument.
Hirose turns on (~controls) the hands-free call function as stated in par. 59, “control unit 120 determines the earphone as the output destination of the call (~turns on the hands-free call function), and selects the speaker as the output destination of the audio of the content”.
Hirose turns off (~controls) the hands-free call function as stated in par. 60, “control unit 120 determines the output destination of the call to the speakers 150a and 150b (~turns off the hands-free call function). The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”.
On pg. 5, par. 5, applicant argues that Nor does paragraph [0045] disclose that the first volume value is changed when the hands-free call function is on.
Examiner respectfully disagrees with applicant’s argument.
The determination button 110a (~Hirose [0022], which can be a rotary unit (volume knob)) changes the first volume value when the hands-free call function is on (~Hirose [0045], sets (~changes) the (~first) volume ... when the earphone mode (~hands-free call function) is on).
Hirose states in par. 45, “In step S540, control unit 120 sets (~changed by setting) the volume of the audio signal output to earphone jack 140 (~first volume set/change when the hands-free call function is on - earphone mode is hands-free call function) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~[0022], which can be a rotary unit (volume knob))” and
in par. 22, “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~volume knob) such as a dial type, instead of a button”.
On pg. 6, par. 2 of Applicant’s Response, applicant argues that similarly, Hirose paragraph [0046] merely sets the volume of audio output to
speakers 150a and 150b. It does not disclose that the second volume value is changed when the hands-free call function is off.
Examiner respectfully disagrees with applicant’s argument.
When the control unit 120 changes the output sound to phone speakers 150a and 150b, the hands-free function is turned off (Hirose [0046]). Thus, the second volume value change of the phone speakers 150 and 150b occurs when the hands-free call function is off.
Hirose states in par. 46, “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b according to the input for setting (~setting to change) the volume of speakers 150a and 150b via input unit 110 (~second volume set/change when the hands-free call function is off - phone speaker mode is hands-free call function)” and in par. 21, “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button (~volume change key).
On pg. 6, par. 4 of Applicant’s Response, applicant argues that the earphone is merely an output destination for the call. Earphone output does not uniquely identify a transceiver function.
Examiner respectfully disagrees with applicant’s argument. Applicant’s current claim language does not explicitly define what is a transceiver function. Therefore, examiner is interpreting a transceiver function as an earphone mode requiring a transceiver function of transmitting/receiving with a remote earphone (Hirose [0059-0060]).
On pg. 6, par. 4 of Applicant’s Response, applicant argues that the likewise, speaker output does not identify a telephone function or disclose that the hands-free call function is off.
Examiner respectfully disagrees with applicant’s argument. Applicant’s current claim language does not explicitly define what is a telephone function. Therefore, examiner is interpreting a telephone function as a phone speaker mode, wherein a call is outputted to phone speakers (Hirose [0060]).
On pg. 6, par. 4 of Applicant’s Response, applicant argues that Hirose does not describe one call as a transceiver call and another call as a telephone call.
Examiner respectfully disagrees with applicant’s argument. Hirose describe a transceiver call (Hirose [0059], “control unit 120 determines the earphone as the output destination of the call (~transceiver call)”) and another as a telephone call (Hirose [0060], “control unit 120 determines the output destination of the call to the speakers (~telephone speakers) 150a and 150b (~telephone call)”)
On pg. 6, par. 4 of Applicant’s Response, applicant argues that Hirose also does not turn the hands-free call function on or off based on which of those communication functions is used to start the call.
Examiner respectfully disagrees with applicant’s argument. The hands-free call function is on when a transceiver function (~earphone mode) is used (Hirose [0059]). The hands-free call function is off when a telephone function (~telephone speaker mode) is used (Hirose [0060]).
On pg. 7, par. 4 of Applicant’s Response, applicant argues that Hirose does not disclose that operation or an on/off switch key having that function.
Examiner respectfully disagrees with applicant’s argument. An on/off switch key of the hands-free call function (~Hirose [0045], button 110a also used for volume control under hands-free call function) is an on/off switch key that can control/turn on or off the hands-free call function. Hirose states in par. 22, “The determination button 110a (~Hirose [0045], button 110a also used for volume control under hands-free call function) (~on/off switch key) receives an input of a so-called on-hook (~hang up) or off-hook (~calling) instruction when the mobile phone 100 is executing a call process. Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit such as a dial type, instead of a button”,
wherein during a call with hands free call function on state, a user inputs an on-hook (~hang up) instruction via the determination button 110a (~Hirose [0045], button 110a also used for volume control under hands-free call function), the controller switches the hands free call function off since the call is hung up.
On pg. 8, par. 1 of Applicant’s Response, applicant argues that returning content audio to a prior output destination after a telephone call does not disclose turning on a hands-free call function.
Examiner respectfully disagrees with applicant’s argument.
Hirose discloses that the controller turns on the hands-free call function when the call ends as stated in par. 70, “ According to such a configuration, when an incoming call is detected when a television program is displayed on the mobile phone 1000, an output mode of an audio (output destination or volume) according to data set in the memory 106 in advance. Is switched” and
in par. 71, “As described above, when the mobile phone 1000 according to the present modification detects an incoming call when receiving a television broadcast, the mobile phone 1000 according to the preset output destination and volume level of the audio signal, Output the voice of the call. Therefore, the user of mobile phone 1000 can quickly receive an incoming call even when watching a television program”,
wherein initially the television audio output is to phone speakers and voice call output to an earphone (~hands-free call function);
when the incoming call is detected, the television audio output is switched to earphone and the voice call output is switched to speakers; and
when the call ends, the television audio output is switched back to the speakers and the voice call audio output is switched back to an earphone (~hands-free call function).
On pg. 8, par. 4 of Applicant’s Response, applicant argues that when the telephone function is used and the hands-free call function is off, the second volume value may be set for talking while the device is held to the user's ear and may be easily changed using the side volume change key. See paragraphs [0023], [0030], [0035], and [0042] of the specification as published. Hirose's coordinated earphone and speaker volumes do not disclose that method.
Examiner respectfully disagrees with applicant’s argument. Applicant’s argument appears to be not directed to what is currently claimed, but is directed toward the invention description in the specification.
Hirose discloses a method for change a volume of the wireless device with a hands-free calling function that can be turned on/off as stated in par. 43, “At step S510, control unit 120 determines whether or not the output destination of the call is earphone jack 140. This determination is made based on data representing the output destination input via input unit 110”, wherein the control unit controls on/off of a hands-free call function based on user input (~via rotary unit 110a or numeric button 110b);
Hirose discloses wherein, when the hands-free call function is on, change the volume by adjusting the rotation angle of the volume knob as stated in par. 45, “In step S540, control unit 120 sets (~changed by setting) the volume of the audio signal output to earphone jack 140 (~first volume set/change when the hands-free call function is on - earphone mode is hands-free call function on) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~[0022[, can be a rotary unit (volume knob))” and
in par. 22, “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~volume knob) such as a dial type, instead of a button”, and
Hirose discloses when the hands-free call function is off, change the volume by pressing the volume change key as stated in par. 46, “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b according to the input for setting (~setting to change) the volume of speakers 150a and 150b via input unit 110 (~second volume set/change when the hands-free call function is off – speaker mode is hands-free call function off)”;
in par. 21, “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button (~volume change key); and
in par. 86, “The memory 106 includes an area 1410 and an area 1420. When “1” is stored in the area 1420 during the setting, the volume adjustment mode is “interlock”. That is, the adjustment of the volume of the sound output from earphone jack 140 and the sound output from speakers 150a and 150b are performed in conjunction with each other. For example, when one of the sound volumes is increased, the other output sound volumes are decreased. Alternatively, the volume may be adjusted so as to change in the same direction”.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hirose ("Mobile Communication Terminal Equipment", JP4369400B2, pub. date 2009-11-18).
Regarding claim 1, Hirose teaches a wireless device provided with a controller, a volume knob that changes a first volume value according to a rotation angle of the volume knob ([0045], “In step S540, control unit 120 sets the volume of the audio signal output to earphone jack 140 (~first volume) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~[0022[, can be a rotary unit (knob))”; [0022], “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~knob) such as a dial type, instead of a button”), and
a volume change key that changes a second volume value by pressing the volume change key ([0046], “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b according to the input for setting the volume of speakers 150a and 150b (~second volume) via input unit 110”; [0021], “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button; [0087], “In this case, the user of the mobile phone can independently set the output of the sound from the earphone jack 140 and the output of the sound from the speakers 150a and 150b”);
wherein, the controller controls on/off of a hands-free call function provided with the wireless device ([0043], “At step S510, control unit 120 determines whether or not the output destination of the call is earphone jack 140. This determination is made based on data representing the output destination input via input unit 110”, wherein the control unit controls on/off of a hands-free call function based on user input (~via rotary unit 110a or numeric button 110b)),
the first volume value can be changed by operating the volume knob, when the hands-free call function is on ([0045], “In step S540, control unit 120 sets (~changed by setting) the volume of the audio signal output to earphone jack 140 (~first volume set/change when the hands-free call function is on - earphone mode is hands-free call function on) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~[0022[, can be a rotary unit (volume knob))”; [0022], “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~volume knob) such as a dial type, instead of a button”), and
the second volume value can be changed using the volume change key, when the hands-free call function is off ([0046], “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b according to the input for setting (~setting to change) the volume of speakers 150a and 150b via input unit 110 (~second volume set/change when the hands-free call function is off – speaker mode is hands-free call function off)”; [0021], “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button (~volume change key)),
the wireless device has a transceiver function ([0059], “control unit 120 determines the earphone as the output destination of the call (~turned on earphones (on ear phone mode) is transceiver function since signals would have to be transmitted to and received from (~transceived) the remote earphone), and selects the speaker as the output destination of the audio of the content”) and
a telephone function ([0060], “control unit 120 determines the output destination of the call to the speakers 150a and 150b (~outputting on telephone speakers is telephone function). The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”), and
the controller turns on the hands-free call function when starting a call using the transceiver function ([0059], “control unit 120 (~controller) determines the earphone as the output destination of the call (~turns on the hands-free call function - outputting on earphones is transceiver function and hands-free call function turned on), and selects the speaker as the output destination of the audio of the content”), and
turns off the hands-free call function when starting a call using the telephone function ([0060], “control unit 120 determines the output destination of the call to the speakers 150a and 150b (~turns off the hands-free call function - outputting on telephone speakers is telephone function and hands-free call function turned off). The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”).
Regarding claim 3, Hirose teaches the wireless device in accordance with claim 1 , wherein the wireless device further provided with an on/off switch key of the hands-free call function that can be operated by a user, and the controller switches the hands-free call function on/off when the on/off switch key is operated during a call ([0022], “The determination button 110a receives an input of a so-called on-hook (~hang up) or off-hook (~calling) instruction when the mobile phone 100 is executing a call process. Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit such as a dial type, instead of a button”, wherein during a call with hands free call function on state, a user inputs an on-hook (~hang up) instruction via the determination button 110a (~can be a rotary unit), the controller switches the hands free call function off since the call is hung up).
Regarding claim 4, Hirose teaches the wireless device in accordance with claim 3, wherein the controller turns on the hands-free call function when the call ends ([0070], “ According to such a configuration, when an incoming call is detected when a television program is displayed on the mobile phone 1000, an output mode of an audio (output destination or volume) according to data set in the memory 106 in advance. Is switched”; [0071], “As described above, when the mobile phone 1000 according to the present modification detects an incoming call when receiving a television broadcast, the mobile phone 1000 according to the preset output destination and volume level of the audio signal, Output the voice of the call. Therefore, the user of mobile phone 1000 can quickly receive an incoming call even when watching a television program”, wherein initially the television audio output is to phone speakers and voice call output to an earphone (~hands-free call function); when the incoming call is detected, the television audio output is switched to earphone and the voice call output is switched to speakers; and when the call ends, the television audio output is switched back to the speakers and the voice call audio output is switched back to an earphone (~hands-free call function); [0056], “the output mode of the audio can be switched according to the usage status of the mobile phone 100, and therefore, it is possible to flexibly cope with the use in a place where the output of the audio is restricted (for example, a public facility or a commercial facility)”; [0060], “the control unit 120 determines the output destination of the call to the speakers 150a and 150b. The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”, wherein, when a call starts, the output of call voice is to speakers and output of audio of the content is to the earphone; and when the call ends, output of audio of the content is reverted back to the speakers and the output of call voice to the earphone (~hands-free call function); [0022], “The determination button 110a receives an input of a so-called on-hook (~call ends) or off-hook instruction when the mobile phone 100 is executing a call process”).
Regarding claim 6, Hirose teaches a method for change a volume of the wireless device having a hands-free calling function that can be turned on/off ([0043], “At step S510, control unit 120 determines whether or not the output destination of the call is earphone jack 140. This determination is made based on data representing the output destination input via input unit 110”, wherein the control unit controls on/off of a hands-free call function based on user input (~via rotary unit 110a or numeric button 110b)), and
having a transceiver function ([0059], “control unit 120 determines the earphone as the output destination of the call (~turned on earphones (on ear phone mode) is transceiver function since signals would have to be transmitted to and received from (~transceived) the remote earphone), and selects the speaker as the output destination of the audio of the content”) and
a telephone function ([0060], “control unit 120 determines the output destination of the call to the speakers 150a and 150b (~outputting on telephone speakers is telephone function). The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”);
wherein, when the hands-free call function is on, change the a first volume value by adjusting the rotation angle of the volume knob ([0045], “In step S540, control unit 120 sets (~changed by setting) the volume of the audio signal output to earphone jack 140 (~first volume set/change when the hands-free call function is on - earphone mode is hands-free call function on) according to the instruction input via input unit 110 for setting the volume. For example, control unit 120 changes the control data so as to increase the volume output in response to pressing of an upward arrow on determination button 110a (~[0022[, can be a rotary unit (volume knob))”; [0022], “Note that these functions can also be realized by an operation unit other than the determination button 110a that outputs a signal when pressed. For example, it can be realized by an operation unit having a rotary unit (~volume knob) such as a dial type, instead of a button”),
when the hands-free call function is off, change a second volume value by pressing the volume change key ([0046], “In step S550, control unit 120 changes the data defining the output sound to speakers 150a and 150b according to the input for setting (~setting to change) the volume of speakers 150a and 150b via input unit 110 (~second volume set/change when the hands-free call function is off – speaker mode is hands-free call function off)”; [0021], “a numeric button (~volume change key) 110b”, wherein the speakers volume is changed by pressing the numeric button (~volume change key); [0086], “The memory 106 includes an area 1410 and an area 1420. When “1” is stored in the area 1420 during the setting, the volume adjustment mode is “interlock”. That is, the adjustment of the volume of the sound output from earphone jack 140 and the sound output from speakers 150a and 150b are performed in conjunction with each other. For example, when one of the sound volumes is increased, the other output sound volumes are decreased. Alternatively, the volume may be adjusted so as to change in the same direction”),
when starting a call using the transceiver function, turn on the hands-free call function ([0059], “control unit 120 (~controller) determines the earphone as the output destination of the call (~turns on the hands-free call function - outputting on earphones is transceiver function and hands-free call function turned on), and selects the speaker as the output destination of the audio of the content”), and
when starting a call using the telephone function, turn off the hands-free call function ([0060], “control unit 120 determines the output destination of the call to the speakers 150a and 150b (~turns off the hands-free call function - outputting on telephone speakers is telephone function and hands-free call function turned off). The output destination of the audio of the content is determined to be the earphone output via the earphone jack 140”).
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 5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hirose in view of Kotlyarov ("Rotatable Push-to-Talk (PTT) Button for Talkgroup Selection and PTT Communication Initiation", WO 2017048151 A1, pub. date 2017-03-23), and further in view of Crisp (US 6282436 B1).
Regarding claim 5, Hirose teaches the wireless device in accordance with claim 1.
Hirose does not explicitly teach wherein the volume knob is provided on the top surface of a main body of the wireless device.
However, Kotlyarov teaches wherein a volume knob is provided on a top surface of a main body of a wireless device (Fig. 3, 38, volume knob 38 is provided on a top surface of a main body of a wireless device 30; [0042], “one or more auxiliary controls 38 may include a volume control”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kotlyarov with the teaching of Hirose in order to provide better accessibility, precise control, and tactile user experience.
The combination does not explicitly teach that the volume change key is provided on the side of the main body of the wireless device.
However, Crisp teaches a volume change key provided on a side of a main body of a wireless device (col. 4 lines 38-40, “the multipurpose key 16 for volume adjustment adjusts the ringing volume of the phone and when the slide is open the key adjusts the speaker volume of the phone”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Crip with the teaching of Hirose as modified by Kotlyarov in order to provide convenience, quick access, and control of audio without needing to look at the screen or needing to navigate menu.
Regarding claim 7, Hirose teaches the wireless device in accordance with claim 1.
Hirose does not explicitly teach wherein the volume knob is provided on the top surface of a main body of the wireless device.
However, Kotlyarov teaches wherein a volume knob is provided on a top surface of a main body of a wireless device (Fig. 3, 38, volume knob 38 is provided on a top surface of a main body of a wireless device 30; [0042], “one or more auxiliary controls 38 may include a volume control”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kotlyarov with the teaching of Hirose in order to in order to provide better accessibility, precise control, and tactile user experience.
The combination does not explicitly teach that the volume change key is provided on the side of the main body of the wireless device.
However, Crisp teaches a volume change key provided on a side of a main body of a wireless device (col. 4 lines 38-40, “the multipurpose key 16 for volume adjustment adjusts the ringing volume of the phone and when the slide is open the key adjusts the speaker volume of the phone”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Crip with the teaching of Hirose as modified by Kotlyarov in order to provide convenience, quick access, and control of audio without needing to look at the screen or needing to navigate menu.
Regarding claim 8, Hirose teaches the wireless device in accordance with claim 3.
Hirose does not explicitly teach wherein the volume knob is provided on the top surface of a main body of the wireless device.
However, Kotlyarov teaches wherein a volume knob is provided on a top surface of a main body of a wireless device (Fig. 3, 38, volume knob 38 is provided on a top surface of a main body of a wireless device 30; [0042], “one or more auxiliary controls 38 may include a volume control”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kotlyarov with the teaching of Hirose in order to provide better accessibility, precise control, and tactile user experience.
The combination does not explicitly teach that the volume change key is provided on the side of the main body of the wireless device.
However, Crisp teaches a volume change key provided on a side of a main body of a wireless device (col. 4 lines 38-40, “the multipurpose key 16 for volume adjustment adjusts the ringing volume of the phone and when the slide is open the key adjusts the speaker volume of the phone”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Crip with the teaching of Hirose as modified by Kotlyarov in order to provide convenience, quick access, and control of audio without needing to look at the screen or needing to navigate menu.
Regarding claim 9, Hirose teaches the wireless device in accordance with claim 4.
Hirose does not explicitly teach wherein the volume knob is provided on the top surface of a main body of the wireless device.
However, Kotlyarov teaches wherein a volume knob is provided on a top surface of a main body of a wireless device (Fig. 3, 38, volume knob 38 is provided on a top surface of a main body of a wireless device 30; [0042], “one or more auxiliary controls 38 may include a volume control”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kotlyarov with the teaching of Hirose in order to provide better accessibility, precise control, and tactile user experience.
The combination does not explicitly teach that the volume change key is provided on the side of the main body of the wireless device.
However, Crisp teaches a volume change key provided on a side of a main body of a wireless device (col. 4 lines 38-40, “the multipurpose key 16 for volume adjustment adjusts the ringing volume of the phone and when the slide is open the key adjusts the speaker volume of the phone”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Crip with the teaching of Hirose as modified by Kotlyarov in order to provide convenience, quick access, and control of audio without needing to look at the screen or needing to navigate menu.
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 ALEXANDER J. YI whose telephone number is (571)270-7696. The examiner can normally be reached Monday thru Friday: 8:00AM to 5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER J YI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
