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 .
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.
Claim(s) 1-4, 7-9, 12-19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Unruh et al. (US 2022/0303657) herein Unruh.
Regarding claim 1, Unruh discloses a system comprising: a first ear-worn device; and a second ear-worn device (binaural listening system 100 has a first and second ear-worn device 201, Figs. 1, 2), wherein the first ear-worn device and the second ear-worn device each include: an acoustic package (acoustic package 210 included in each ear-worn device, Fig. 2) including: a housing including a first housing portion having a first partial generally capsule shape and a second housing portion having a second partial generally capsule shape (acoustic package 210/410 includes a housing with a first housing portion having a first partial generally capsule shape and a second housing portion having a second partial generally capsule shape, Figs. 2, 4, [0024], [0033]-[0035]); a first set of electrical contacts (electrical trace rings 230 make a first set of electrical contacts, Fig. 2, [0023]-[0025]); and one or more speakers positioned within the housing, the one or more speakers configured to emit sound based on signals received by the first set of electrical contacts (speakers 212 within the acoustic package 210 which has electrical contact rings 230 provide signals to communicate between electronics package 205 and the acoustics package 210 to the speakers 212, Fig. 2, [0023]-[0025]); an ear interface removably coupleable to the acoustic package, the ear interface including a proximal portion and a distal portion, a first opening at the proximal portion, a first cavity and a second cavity extending away from the first opening, the first cavity having a third partial generally capsule shape generally matching the first partial generally capsule shape, the second cavity having a fourth partial generally capsule shape generally matching the second partial generally capsule shape, and a second opening at the distal portion through which the sound emitted by the one or more speakers may pass (ear interface 215 is removeable from the acoustic package 210 as it is modular, said ear interface 215 has a flange 245 at the end proximal the acoustics package 210 has a first opening, a first cavity and a second cavity away from the first opening, the first cavity having a third partial generally capsule shape generally matching the first partial generally capsule shape, the second cavity having a fourth partial generally capsule shape generally matching the second partial generally capsule shape (acoustic package and soft ear interface are matched to fit each other via friction) and an ear aperture 240 at the end distal the acoustics package 210 for allowing sound emitted by speaker 212 to pass, Fig. 2, [0023]-[0026]); and an electronics package removably coupleable to the acoustic package, the electronics package including a second set of electrical contacts configured to connect with the first set of electrical contacts (electronics package 205 is removably (in this case magnetically) coupleable to the acoustic package 210 so that electrical trace rings 230 provide electrical communication between electronics package 205 and the acoustics package 210 (explicitly implying a second set of electrical contacts to match the first set of electrical contacts), Fig. 2, [0023]-[0026]), and electronics configured to receive audio signals, generate the signals based on the audio signals, and provide the signals to the first set of electrical contacts via the second set of electrical contacts (electronics package 205 include a phase array 305 of microphones 310 to pick up audio signals which is then transmitted to the speakers to the first set of electrical contacts via the second set of electrical contacts, Figs. 2, 3, [0024], [0025], [0028], [0029], [0031]).
Regarding claim 2, Unruh discloses wherein: the housing of the acoustic package further includes a third housing portion having a first generally cylindrical shape (manifold 415 includes an inner portion surrounding the circular transducer 430, thus taking on a cylindrical shape, Figs. 4A-4C, [0033]-[0036]), the acoustic package further includes a snout including a snout proximal portion configured to be positioned at least partially within the third housing portion and a snout distal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426; Figs. 4A-4C, [0033]-[0036]), the snout having a third opening at the snout proximal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 where the armature 450 is, Figs. 4A-4C, [0033]-[0036]), a fourth opening at the snout distal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426, Figs. 4A-4C, [0033]-[0036]), and a snout passage therebetween such that the sound emitted by the one or more speakers may pass through the third opening, the snout passage, and the fourth opening (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426, the sound passing from the cavity 424 to the port 426, Figs. 4A-4C, [0033]-[0036]), and the ear interface further includes a passage extending from the first cavity to the second opening at the distal portion, a portion of the passage having a second generally cylindrical shape generally matching the first generally cylindrical shape (ear interface includes a passage extending from the first cavity to the second opening at the distal portion, Fig. 2, and the passage would have a second generally cylindrical shape generally matching the first generally cylindrical shape as the ear interface and the acoustic package are dimension to match each other and fit via friction, [0023]-[0026], [0033]-[0036]).
Regarding claim 3, Unruh discloses wherein the ear interface further includes a pressure-equalization vent having a fifth opening at one of the first cavity, the second cavity, and the passage (acoustic package 710B has an interlinking vent 739 extending from the body of the acoustics package, with one end on the body of the manifold, first cavity, Figs. 7A-7B, [0045]-[0047]), a sixth opening at an exterior of the ear interface (acoustic package 710B has an interlinking vent 739 extending from the body of the acoustics package, with one end on the body of the manifold, first cavity and the other into the ear canal 721, Figs. 7A-7B, [0045]-[0047]), and a vent passage between the fifth opening and the sixth opening (one end on the body of the manifold, first cavity and the other into the ear canal are connected to each other, Figs. 7A-7B, [0045]-[0047]).
Regarding claim 4, Unruh discloses wherein the acoustic package further includes a cap coupled to the housing and a pressure-equalization vent in the cap, the pressure-equalization vent including one or more layers of acoustic mesh (acoustic package 710B has an interlinking vent 739 extending from the body of the acoustics package, eg. A cap, and includes the acoustic mesh 741, Figs. 7A-7B, [0045]-[0047]).
Regarding claim 7, Unruh discloses wherein the electronics of the electronics package include a wireless communication component configured to wirelessly receive the audio signals (electronics package 205 includes communication circuitry 345 including one or more wireless transceivers capable of communicating a phone call, Figs. 2-3, [0028], [0029], [0031], [0032]).
Regarding claim 8, Unruh discloses wherein: the acoustic package further includes a first magnet coupled to the housing, the electronics package further includes a second magnet, and the electronics package is removably magnetically coupleable to the acoustic package by magnetic attractive forces between the first magnet and the second magnet (electronics package 205 is magnetically coupled to the acoustics package 210 thus explicitly implying a first and second magnet in each of the electronics package 205 and acoustics package 210 respectively so that they are coupleable to each other, Fig. 2, [0023]-[0025]).
Regarding claim 9, Unruh discloses wherein the first ear-worn device and the second ear-worn device each further include a collar removably coupleable to the ear interface, the collar extending generally circumferentially around the proximal portion of the ear interface when coupled to the ear interface (soft ear interface 215 has a flange 245 that seals against the acoustics packaged 210 on a barbed ridge, Fig. 2, [0023]-[0026]).
Regarding claim 12, Unruh discloses wherein: the electronics package of the first ear-worn device further includes one or more first processors and one or more first memories (each ear mounted device includes compute module 325 which includes a microcontroller to execute instructions stored in memory 330, Fig. 2, 3, [0022], [0028], [0031]), the electronics package of the second ear-worn device further includes one or more second processors (each ear mounted device includes compute module 325 which includes a microcontroller to execute instructions stored in memory 330, Fig. 2, 3, [0022], [0028], [0031]), and the one or more first memories include instructions that when executed by the one or more first processors cause the one or more first processors to control the one or more second processors (devices might pair with another instance and allow localized control of the system, Figs. 2, 3, [0022], [0028], [0031]).
Regarding claim 13, Unruh discloses wherein: the acoustic package further includes a microphone configured to capture sounds of a wearer of the first ear-worn device and the second ear-worn device (microphones 310 in each device capture external noise used for noise cancelling, Figs. 2-3, [0022], [0028]-[0031]), and the electronics package further includes one or more processors and one or more memories including instructions that when executed by the one or more processors cause the one or more processors to perform active noise cancellation of the sounds of the wearer (each ear mounted device includes compute module 325 which includes a microcontroller to execute instructions stored in memory 330 including noise cancellation which includes active noise cancellation, Figs. 2, 3, [0022], [0028], [0031]).
Regarding claim 14, Unruh discloses wherein: the electronics package further includes a microphone configured to capture external sounds (microphones 310 in each device capture external noise used for noise cancelling, Figs. 2, 3, [0022], [0028]-[0031]), one or more processors and one or more memories including instructions that when executed by the one or more processors cause the one or more processors to perform active noise cancellation of the external sounds (each ear mounted device includes computed module 325 which includes a microcontroller to execute instructions stored in memory 330 including noise cancellation, which includes active noise cancellation, Figs. 2, 3, [0022], [0028], [0031]).
Regarding claim 15, Unruh discloses wherein the signals are first signals (microphones 310 in each device capture external noise (first signals) used for noise cancelling, Figs. 2, 3, [0022], [0028]-[0031]), the audio signals are first audio signals, the microphone is a first microphone, the active noise cancellation of the external sounds is a first mode of active noise cancellation of the first ear-worn device and the second ear-worn device (the external noise (audio signals) are first audio signals, the microphone 310 is a first microphone, and the active noise cancellation of the external sounds is a first mode active noise cancellation of the first and second ear-worn devices, Figs. 2, 3, [0022], [0028], [0031]), and wherein: the electronics package further includes an inertial measurement unit, a magnetometer, multiple second microphones, and cap, at least one of the inertial measurement unit and the magnetometer are configured to detect interactions of a wearer of the first ear-worn device and the second ear-worn device with the cap, the multiple second microphones are configured to capture the external sounds (electronics package 205 includes sensors 335 which include a magnetometer, inertial measurement unit or IMU, multiples microphones as microphones 310 is part of an array, said array configured to capture external sounds, a cap (puck like shape formed by the electronics package 205, Figs. 2, 3, [0022], [0023], [0028]-[0030], [0032], [0033]) the one or more memories include further instructions to cause the one or more processors to switch between the first mode and a second mode of transparency of the first ear-worn device and the second ear-worn device (compute module 325 includes a microcontroller to access software logic in memory 335 to execute instructions and logic including modulating noise cancellation transparency based on the interface circuitry 350 inputs (interpreted to meet switching between at least a first and second mode of transparency), Figs. 2, 3, [0031], [0032]), and when the first ear-worn device and the second ear-worn device are in the second mode, to generate second audio signals based on the external sounds captured by the multiple second microphones, generate second signals based on the second audio signals (compute module 325 includes a microcontroller to access software logic in memory 335 to execute instructions and logic including modulating noise cancellation and transparency based on the interface circuitry 350 inputs, and in turn provide audio signals for speakers to emit based on the detected audio sources (thus seconds signals are generated based on the second audio signals), Figs. 2, 3, [0031], [0032]), and provide the second signals to the one or more speakers, and the one or more speakers are further configured to emit sound based on the second signals (compute module 325 includes a microcontroller to access software logic in memory 335 to execute instructions and logic including modulating noise cancellation and transparency based on the interface circuitry 350 inputs, and in turn provide audio signals for speakers to emit based on the detected audio sources, Figs. 2, 3, [0031], [0032]) .
Regarding claim 16, Unruh discloses a device (ear-worn device 201, Figs. 1, 2) comprising: an acoustic package (acoustic package 210 included in each ear-worn device, Fig. 2) including: a housing including a first housing portion having a first partial generally capsule shape and a second housing portion having a second partial generally capsule shape (acoustic package 210/410 includes a housing with a first housing portion having a first partial generally capsule shape and a second housing portion having a second partial generally capsule shape, Figs. 2, 4, [0024], [0033]-[0035]); and one or more speakers positioned within the housing, the one or more speakers configured to emit sound based on a signal received by the acoustic package (speakers 212 within the acoustic package 210 which has electrical contact rings 230 provide signals to communicate between electronics package 205 and the acoustics package 210 to the speakers 212, Fig. 2, [0023]-[0025]); an ear interface including a proximal portion and a distal portion, a first opening at the proximal portion, a first cavity and a second cavity extending away from the first opening, the first cavity having a third partial generally capsule shape generally matching the first partial generally capsule shape, the second cavity having a fourth partial generally capsule shape generally matching the second partial generally capsule shape, and a second opening at the distal portion through which the sound emitted by the one or more speakers may pass (ear interface 215 is removeable from the acoustic package 210 as it is modular, said ear interface 215 has a flange 245 at the end proximal the acoustics package 210 has a first opening, a first cavity and a second cavity away from the first opening, the first cavity having a third partial generally capsule shape generally matching the first partial generally capsule shape, the second cavity having a fourth partial generally capsule shape generally matching the second partial generally capsule shape (acoustic package and soft ear interface are matched to fit each other via friction) and an ear aperture 240 at the end distal the acoustics package 210 for allowing sound emitted by speaker 212 to pass, Fig. 2, [0023]-[0026]); and an electronics package removably coupleable to the acoustic package, the electronics package including electronics configured to receive an audio signal, generate the signal based on the audio signal, and provide the signal to the acoustic package (electronics package 205 removably (in this case magnetically) coupleable to the acoustic package 210 and includes a phase array 305 of microphones 310 to pick up audio signals which is then transmitted to the speakers to the first set of electrical contacts via the second set of electrical contacts, Figs. 2, 3, [0024], [0025], [0028], [0029], [0031]).
Regarding claim 17, Unruh discloses wherein: the housing of the acoustic package further includes a third housing portion having a first generally cylindrical shape (manifold 415 includes an inner portion surrounding the circular transducer 430, thus taking on a cylindrical shape, Figs. 4A-4C, [0033]-[0036]), the acoustic package further includes a snout including a snout proximal portion configured to be positioned at least partially within the third housing portion and a snout distal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426; Figs. 4A-4C, [0033]-[0036]), the snout having a third opening at the snout proximal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 where the armature 450 is, Figs. 4A-4C, [0033]-[0036]), a fourth opening at the snout distal portion (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426, Figs. 4A-4C, [0033]-[0036]), and a snout passage therebetween such that the sound emitted by the one or more speakers may pass through the third opening, the snout passage, and the fourth opening (manifold 415 includes an inner portion surrounding the circular transducer 430 while at the other end a cavity 424 is formed by the manifold portion extending out to the port 426, the sound passing from the cavity 424 to the port 426, Figs. 4A-4C, [0033]-[0036]), and the ear interface further includes a passage extending from the first cavity to the second opening at the distal portion, a portion of the passage having a second generally cylindrical shape generally matching the first generally cylindrical shape (ear interface includes a passage extending from the first cavity to the second opening at the distal portion, Fig. 2, and the passage would have a second generally cylindrical shape generally matching the first generally cylindrical shape as the ear interface and the acoustic package are dimension to match each other and fit via friction, [0023]-[0026], [0033]-[0036]).
Regarding claim 18, Unruh discloses wherein the ear interface further includes a pressure-equalization vent (acoustic package 710B has an interlinking vent 739 extending from the body of the acoustics package, via the ear interface, Figs. 7A-7B, [0045]-[0047]).
Regarding claim 19, Unruh discloses wherein the acoustic package further includes a pressure-equalization vent, the pressure-equalization vent including one or more layers of acoustic mesh (acoustic package 710B has an interlinking vent 739 extending from the body of the acoustics package, eg. A cap, and includes the acoustic mesh 741, Figs. 7A-7B, [0045]-[0047]).
Regarding claim 21, Unruh discloses wherein: the acoustic package further includes a first magnet coupled to the housing, the electronics package further includes a second magnet, and the electronics package is removably magnetically coupleable to the acoustic package by magnetic attraction between the first magnet and the second magnet (electronics package 205 is magnetically coupled to the acoustics package 210 thus explicitly implying a first and second magnet in each of the electronics package 205 and acoustics package 210 respectively so that they are coupleable to each other, Fig. 2, [0023]-[0025]).
Claim Rejections - 35 USC § 103
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) 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Unruh et al. (US 2022/0303657) herein Unruh in view of Bilton et al. (US 2010/0314195) herein Bilton.
Regarding claim 5 and 20, while Unruh does not specifically teach wherein the one or more layers of acoustic mesh have a rayl value of approximately 1800, it is well known in the art to have acoustic mesh layers have a rayl value of approximately 1800 as demonstrated by Bilton (cellulous non-woven web has an impedance of 245-2450 Rayls, Bilton: [0007]-[0009]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the mesh layers of Unruh to have a rayl value of approximately 1800 as taught by Bilton in order to provide the advantage of having an adjustable audio impedance to provide sound absorption having a low weight ratio.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Unruh et al. (US 2022/0303657) herein Unruh in view of Unruh (US 2018/0366099) herein Unruh2.
Regarding claim 6, while Unruh does not specifically teach further comprising a cable including a first connector configured to connect to another device, a first cable portion attached to the electronics package of the first ear-worn device, and a second cable portion attached to the electronics package of the second ear-worn device, wherein the cable is configured to transmit a first audio signal to the electronics of the electronics package of the first ear-worn device and a second audio signal to the electronics of the electronics package of the second ear-worn device, it is well known in the art to have a cable including a first connector configured to connect to another device, a first cable portion attached to an electronics package of a first ear-worn device wherein the cable is configured to transmit a first audio signal to the electronics of the electronics package of the first ear-worn device and a second audio signal to the electronics of the electronics package of a second ear-worn device as demonstrated by Unruh2 (first wire 140 connects audio device 104 to first ear piece 112 and second wire 142 connects audio device 104 to second ear piece 114, with a first signal sent via a first wire 140 to the first ear piece 112 and a second signal sent via second wire 142 to second ear piece 114, the ear pieces including an ANC device, Unruh2: Figs. 1-3, [0013]-[0016], [0025], [0028], [0029]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Unruh to provide a cable including a first connector configured to connect to another device, a first cable portion attached to the electronics package of the first ear-worn device, and a second cable portion attached to the electronics package of the second ear-worn device, wherein the cable is configured to transmit a first audio signal to the electronics of the electronics package of the first ear-worn device and a second audio signal to the electronics of the electronics package of the second ear-worn device as taught by Unruh2 in order to provide the advantage of having a wired system allowing for external power to drive the ear pieces or to avoid wireless interference.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Unruh et al. (US 2022/0303657) herein Unruh in view of Xu et al. (US 2020/0221212) herein Xu.
Regarding claim 10, Unruh discloses wherein: the first set of electrical contacts include a set of annular electrical contacts (electrical trace rings 230 are a set of annular electrical contacts, Unruh: Fig. 2, [0023]-[0025]), but lacks the second set of electrical contacts include a set of pogo pins configured to contact the set of annular electrical contacts.
Nevertheless, it is well known in the art to have a second set of electrical contacts include a set of pogo pins configured to contact a set of annular electrical contacts as demonstrated by Xu (pogo pins 104 and 105 contact the contacts 18 and 20, Xu: Figs. 1-3, [0027]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Unruh to have the second set of electrical contacts include a set of pogo pins configured to contact the set of annular electrical contacts as taught by Xu in order to provide the advantage of having a retractable pin having force to maintain contact.
Claim(s) 11 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Unruh et al. (US 2022/0303657) herein Unruh in view of Carlile et al. (US 2022/0377457) herein Carlile.
Regarding claims 11 and 22, Unruh discloses wherein the electronics package further includes one or more processors, one or more memories (compute module 325 includes a microcontroller and memory 330, Unruh: Figs. 2, 3, [0028], [0031]), but lacks having one or more components configured to capture head orientation data for a head orientation of a wearer of the first ear-worn device and the second ear-worn device, the one or more memories storing instructions that when executed by the one or more processors cause the one or more processors to determine the head orientation of the wearer based on the head orientation data captured by the one or more components.
Nevertheless, it is well known in the art to have one or more components configured to capture head orientation data for a head orientation of a wearer of the first ear-worn device and the second ear-worn device, the one or more memories storing instructions that when executed by the one or more processors cause the one or more processors to determine the head orientation of the wearer based on the head orientation data captured by the one or more components as demonstrated by Carlile (onboard sensors and microphones are used to look for and identify characteristics associate with typical head orientations, including using the IMU, magnetometer, gyroscopes and accelerations and comparing activity to a library 331, Carlile: Figs. 1D, 1E, 2, 3, 7-8, [0029], [0056], [0057], [0059]-[0061]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electronics package of Unruh to have one or more components configured to capture head orientation data for a head orientation of a wearer of the first ear-worn device and the second ear-worn device, the one or more memories storing instructions that when executed by the one or more processors cause the one or more processors to determine the head orientation of the wearer based on the head orientation data captured by the one or more components as demonstrated by Carlile in order to provide the advantage of having orientation data to allow for spatial adjustments for noise cancellation, and for providing additional error checks for the rotary interfaces using IMU and gyroscopes, and for adjusting sound based on the user activity (Carlile: [0029]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc 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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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691