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
Applicant’s arguments filed 02/05/2026 with respect to claim(s) 21-40 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.
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) 21, 29, 36, 37, 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Foxenland (US 2008/0218435 A1).
Regarding claim 21, Soelberg et al disclose a system comprising: a headset accessory (Soelberg et al; Fig 1; accessory 106) operable to: customize an audio headset (Soelberg et al; Fig 1; accessory 106 to adapt audio headset 120); establish a link to the audio headset (Soelberg et al; Fig 1; link 118 to audio headset 120); convey gaming information via the link (Soelberg et al; Fig 1; gaming audio information to audio headset 120 via link 118); but do not expressly disclose customize an audio headset according to a skill level and/or an age of a user of the audio headset; alter a voice of the user, according to the gaming information, to sound like a different person or game character by controlling audio processing circuitry of the audio headset while the user is speaking; and display a characteristic of the user on the headset accessory during gameplay, wherein the headset accessory is physically attachable to the audio headset and comprises circuitry distinct from circuitry of the audio headset. However, in the same field of endeavor, Goldstein et al disclose a system wherein customize an audio device according to a skill level and/or an age of a user of the audio device (Goldstein et al; Para [0054]]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Goldstein as device customization according to age of a user in the system taught by Soelberg. The motivation to do so would have been to enhance the listening experience (Goldstein; Para [0015]). Moreover, in the same field of endeavor, Foxenland discloses a system comprising and display a characteristic of the user on the headset accessory during gameplay (Foxenland; Fig 3; Para [0048];[0085]-[0086]), wherein the headset accessory is physically attachable to the audio headset and comprises circuitry distinct from circuitry of the audio headset (Foxenland; Fig 11B; Fig 11C; Para [0085]-[0086]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Foxenland as display in the system taught by Soelberg. The motivation to do so would have been to exchange information without using the hands (Foxenland; Para [0002]). Furthermore, in the same field of endeavor, Kiyono et al disclose a system comprising alter a voice of the user, according to the gaming information, to sound like a different person or game character (Kiyono et al; Para [0096]-[0098]) by controlling audio processing circuitry of the audio headset while the user is speaking (Kiyono et al; Para [0096]-[0098]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the voice customization taught by Kiyono as voice customization in the system taught by Soelberg. The motivation to do so would have been to provide the player with the joy of becoming a character (Kiyono; Para [0006]).
Regarding claim 29, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein the gaming information comprises characteristics of audio being processed by the audio headset. However, in the same field of endeavor, Hawkins et al disclose a system wherein the gaming information comprises characteristics of audio being processed by the audio headset (Hawkins et al; Para [0045]-[0046]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Hawkins as device customization according to skills level of a user in the system taught by Soelberg. The motivation to do so would have been would have been to provide a user with flexibility in choosing background music for a video game (Hawkins et al; Para [0004]).
Regarding claim 36, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein the gaming information comprises an identification of which game is being played. However, in the same field of endeavor, Hawkins et al disclose a system wherein the gaming information comprises an identification of which game is being played (Hawkins et al; Para [0058]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Hawkins as device customization according to skills level of a user in the system taught by Soelberg. The motivation to do so would have been would have been to provide a user with flexibility in choosing background music for a video game (Hawkins et al; Para [0004]).
Regarding claim 37, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein interactions between the headset accessory and the headset are controlled according to the game being played. However, in the same field of endeavor, Hawkins et al disclose a system wherein interactions between the headset accessory and the headset are controlled according to the game being played (Hawkins et al; Para [0045]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Hawkins as device customization according to skills level of a user in the system taught by Soelberg. The motivation to do so would have been would have been to provide a user with flexibility in choosing background music for a video game (Hawkins et al; Para [0004]).
Regarding claim 38, Soelberg et al disclose a method comprising: the audio headset (Soelberg et al; Fig 1; audio headset 120); establishing a link to the audio headset (Soelberg et al; Fig 1; accessory 106 to adapt audio headset 120); but do not expressly disclose via a headset accessory: customizing an audio headset according to a skill level and/or an age of a user of ; conveying gaming information via the link; altering a voice of the user, according to the gaming information, to sound like a different person or game character by controlling audio processing circuitry of the audio headset during user speech; and displaying a characteristic of the user on the headset accessory during gameplay. However, in the same field of endeavor, Goldstein et al disclose a method wherein via a headset accessory: customizing an audio headset according to a skill level and/or an age of a user of (Goldstein et al; Para [0054]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Goldstein as device customization according to age of a user in the system taught by Soelberg. The motivation to do so would have been to enhance the listening experience (Goldstein; Para [0015]). Moreover, in the same field of endeavor, Foxenland discloses a system comprising and display a characteristic of the user on the headset accessory during gameplay (Foxenland; Fig 3; Para [0048]), wherein the headset accessory is physically attachable to the audio headset and comprises circuitry distinct from circuitry of the audio headset (Foxenland; Fig 11B; Fig 11C; Para [0085]-[0086]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Foxenland as display in the system taught by Soelberg. The motivation to do so would have been to exchange information without using the hands (Foxenland; Para [0002]). Furthermore, in the same field of endeavor, Kiyono et al disclose a system comprising alter a voice of the user, according to the gaming information, to sound like a different person or game character (Kiyono et al; Para [0096]-[0098]) by controlling audio processing circuitry of the audio headset during user speech (Kiyono et al; Para [0096]-[0098]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the voice customization taught by Kiyono as voice customization in the system taught by Soelberg. The motivation to do so would have been to provide the player with the joy of becoming a character (Kiyono; Para [0006]).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Pong et al (US 2014/0036127 A1).
Regarding claim 22, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein the headset accessory is disc shaped. However, in the same field of endeavor, Pong et al disclose a system wherein the headset accessory is disc shaped (Pong et al; Fig 2; disc shaped accessory 110). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the accessory taught by Pong as accessory in the system taught by Soelberg. The motivation to do so would have been reduce the cost of the interactive display headphones (Pong et al; Para [0012]).
Regarding claim 23, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Pong et al disclose the system of claim 22, but do not expressly disclose wherein: the audio headset comprises a speaker and circuitry housing with an ear cup mounted to a first side of the speaker and circuitry housing; the headset accessory is configured to attach to the housing such that, when attached, the headset accessory covers a surface of the speaker and circuitry housing that is opposite the first side of the speaker and circuitry housing. However, in the same field of endeavor, Pong et al disclose a system wherein: the audio headset comprises a speaker and circuitry housing with an ear cup mounted to a first side of the speaker and circuitry housing (Pong et al; Fig 2; Para [0040]); the headset accessory is configured to attach to the housing such that, when attached, the headset accessory covers a surface of the speaker and circuitry housing that is opposite the first side of the speaker and circuitry housing (Pong et al; Fig 2; Para [0040]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the accessory taught by Pong as accessory in the system taught by Soelberg. The motivation to do so would have been reduce the cost of the interactive display headphones (Pong et al; Para [0012]).
Claim(s) 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Sun et al (KR 20110103041 A).
Regarding claim 24, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein a state of the headset accessory is controlled according to the gaming information received from the audio headset via the link. However, in the same field of endeavor, Sun et al disclose a system wherein a state of the headset accessory is controlled according to the gaming information received from the audio headset via the link (Sun et al; Page 3; lines 15-45). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide visual effects to the user (Sun et al; Page 2; lines 10-20).
Regarding claim 25, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Sun disclose the system of claim 24, but do not expressly disclose wherein the headset accessory comprises one or more light emitting diodes. However, in the same field of endeavor, Sun et al disclose a system wherein the headset accessory comprises one or more light emitting diodes (Sun et al; Page 4; lines 20-50). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide visual effects to the user (Sun et al; Page 2; lines 10-20).
Regarding claim 26, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Sun et al disclose the system of claim 25, but do not expressly disclose wherein the state of the headset accessory comprises an on/off state and/or color of the one or more light emitting diodes. However, in the same field of endeavor, Sun et al disclose a system wherein the state of the headset accessory comprises an on/off state and/or color of the one or more light emitting diodes (Sun et al; Page 4; lines 20-50). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide visual effects to the user (Sun et al; Page 2; lines 10-20).
Regarding claim 27, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 24, but do not expressly disclose wherein the headset accessory comprises a liquid crystal display (LCD). However, in the same field of endeavor, Sun et al disclose a system wherein the headset accessory comprises a liquid crystal display (LCD) (Sun et al; Page 4; lines 20-50). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide visual effects to the user (Sun et al; Page 2; lines 10-20).
Regarding claim 28, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Sun disclose the system of claim 27, but do not expressly disclose wherein the characteristic of the user of the headset is displayed on the LCD and comprises an age level of the user. However, in the same field of endeavor, Goldstein et al disclose a system but do not expressly disclose wherein the characteristic of the user of the headset is displayed on the LCD and comprises an age level of the user (Goldstein et al; Fig 8; Para [0054]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the electronic device customization taught by Goldstein as device customization according to age of a user in the system taught by Soelberg. The motivation to do so would have been to enhance the listening experience (Goldstein; Para [0015]).
Claim(s) 30, 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Lindahl et al (US 2005/0159833 A1).
Regarding claim 30, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 29, but do not expressly disclose wherein a state of the headset accessory is controlled according to the characteristics of the audio. However, in the same field of endeavor, Lindahl et al disclose a system wherein a state of the headset accessory is controlled according to the characteristics of the audio (Lindahl et al; Para [0041]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide improved systems for the devices (Lindahl et al; Para [0005]).
Regarding claim 39, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Lindahl disclose the method of claim 38, but do not expressly disclose wherein the gaming information comprises characteristics of audio being processed by the audio headset and the method comprises controlling a state of the headset accessory according to the characteristics of the audio. However, in the same field of endeavor, Lindahl et al disclose a system wherein the gaming information comprises characteristics of audio being processed by the audio headset and the method comprises controlling a state of the headset accessory according to the characteristics of the audio (Lindahl et al; Para [0041]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the display taught by Sun as display in the system taught by Soelberg. The motivation to do so would have been to provide improved systems for the devices (Lindahl et al; Para [0005]).
Claim(s) 31-33, 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Meneses et al (US 2014/0073429 A1).
Regarding claim 31, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein: the headset accessory comprises non-volatile memory; and the non-volatile memory stores parameter settings for configuring audio processing circuitry of the audio headset. However, in the same field of endeavor, Meneses et al disclose a system wherein: the headset accessory comprises non-volatile memory (Meneses et al; Para [0136]); and the non-volatile memory stores parameter settings for configuring audio processing circuitry of the audio headset (Meneses et al; Para [0071]-[0074]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio control parameters taught by Meneses as audio control parameters in the system taught by Soelberg. The motivation to do so would have been to enhance the game play environment (Meneses et al; Para [0040]).
Regarding claim 32, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Meneses et al disclose the system of claim 31, but do not expressly disclose wherein the parameter settings stored in the non-volatile memory of the headset accessory are associated with a particular video game. However, in the same field of endeavor, Meneses et al disclose a system wherein the parameter settings stored in the non-volatile memory of the headset accessory are associated with a particular video game (Meneses et al; Para [0071]-[0074]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio control parameters taught by Meneses as audio control parameters in the system taught by Soelberg. The motivation to do so would have been to enhance the game play environment (Meneses et al; Para [0040]).
Regarding claim 33, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland and further in view of Meneses et al disclose the system of claim 31, but do not expressly disclose wherein the parameter settings stored in the non-volatile memory of the headset accessory are associated with a particular game player. However, in the same field of endeavor, Meneses et al disclose a system wherein the parameter settings stored in the non-volatile memory of the headset accessory are associated with a particular game player (Meneses et al; Para [0071]-[0074]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio control parameters taught by Meneses as audio control pa3rameters in the system taught by Soelberg. The motivation to do so would have been to enhance the game play environment (Meneses et al; Para [0040]).
Regarding claim 40, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the method of claim 38, but do not expressly disclose wherein: the headset accessory comprises non-volatile memory; the non-volatile memory stores parameter settings for configuring audio processing circuitry of the audio headset; and the information includes the parameter settings from the headset accessory to the audio headset. However, in the same field of endeavor, Meneses et al disclose a system wherein: the headset accessory comprises non-volatile memory (Meneses et al; Para [0136]); and the non-volatile memory stores parameter settings for configuring audio processing circuitry of the audio headset (Meneses et al; Para [0071]-[0074]) and the information includes the parameter settings from the headset accessory to the audio headset (Meneses et al; Para [0071]-[0074]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio control parameters taught by Meneses as audio control parameters in the system taught by Soelberg. The motivation to do so would have been to enhance the game play environment (Meneses et al; Para [0040]).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Pong et al (US 2014/0036127 A1) and further in view of Gauger et al (US 2008/0180874 A1).
Regarding claim 34, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein: the headset accessory comprises a battery; the headset accessory is configurable to operate in a first mode in which the battery is charged by a bias current; and the headset accessory is configurable to operate in a second mode in which the battery provides the bias current and/or bias voltage. However, in the same field of endeavor, Pong et al disclose a system wherein: the headset accessory comprises a battery (Pong et al; Para [0041]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the accessory taught by Pong as accessory in the system taught by Soelberg. The motivation to do so would have been reduce the cost of the interactive display headphones (Pong et al; Para [0012]). Moreover, in the same field of endeavor, Gauger et al disclose a system comprising the headset accessory is configurable to operate in a first mode in which the battery is charged by a bias current (Gauger et al; Para [0034]; recharging mode); and the headset accessory is configurable to operate in a second mode in which the battery provides the bias current and/or bias voltage (Gauger et al; Para [0002][0034]; operating mode). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the power and data transmission taught by Gauger as data and power transmission in the system taught by Soelberg. The motivation to do so would have been to increase the conversion efficiency of power from the battery (Gauger et al; Para [0040]).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soelberg et al (US 2012/0052948 A1) in view of Goldstein (US 2008/0178088 A1) and further in view of Kiyono et al (JP 2002-351489 A) and further in view of Foxenland (US 2008/0218435 A1) and further in view of Lee et al (US 2007/0032274 A1).
Regarding claim 35, Soelberg et al in view of Goldstein et al and further in view of Kiyono et al and further in view of Foxenland disclose the system of claim 21, but do not expressly disclose wherein the wireless inductive link communicates bias current, bias voltage, and/or information signals to the audio headset. However, in the same field of endeavor, Lee et al disclose a system wherein the wireless inductive link communicates bias current, bias voltage, and/or information signals to the audio headset (Lee et al; Para [0025][0039]-[0041]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the power and data transmission taught by Lee as data and power transmission in the system taught by Soelberg. The motivation to do so would have been to provide reduction of size and weight of wireless headphones/headsets (Lee et al; Para [0010]).
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.
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692