DETAILED ACTION
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S Pub. No. 2017/0339482 A1 to Schrems in view of U.S Patent No. 10,687,135 B1 to Palupunoori et al. (hereinafter “Palupunoori”).
Regarding claim 1, Schrems teaches a hearing assistance system (paragraph [0091]; a hearing aid or earbud charging) comprising:
a first ear-worn device comprising a device speaker (Fig. 2A and paragraph [0128]; earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production), a device microphone, a device processor, a device non-transitory computer memory, a device rechargeable battery, and a device wireless communication component (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production);
a case configured to charge the device rechargeable battery of the first ear-worn device, the case comprising: a first case charging structure (Paragraph [0110]; a first earbud 64a) for charging the device rechargeable battery of the first ear-worn device, a case rechargeable battery (paragraphs [0122] and [0128]; battery 32 recharges the rechargeable battery of the earbuds 64 positioned in the earbud cavity 34) and,
a second case charging (Paragraph [0110]; a first earbud 64b) structure for charging the case rechargeable battery (paragraph [0119]; earbud charging contact 76 is further positioned adjacent to a rechargeable battery 32 disposed in the second housing 38),
a case processor, a case non-transitory computer memory, a first case microphone (paragraph [0149]; one or more earbuds may transmit microphone data or readings back to the case), a first case interface port; and a case wireless communication device (paragraphs [0110]; case 10 to allow the antennas 36 to receive and transmit data).
However, Schrems does not teach the hearing assistance system further comprising an input device configured to provide an input signal to the case processor: wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case.
In the same field of endeavor, Palupunoori discloses the hearing assistance system further comprising an input device configured to provide an input signal to the case processor: wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case (Fig.1, Fig.2 and column 4, lines 25-61; portable charging case 115 can provide an electrical charge to any wireless device while also establishing and/or maintaining the first audio stream and/or the second audio stream to first wireless audio device 105 and/or second wireless audio device 110).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Schrems’s teaching with a feature of hearing assistance system further comprising an input device configured to provide an input signal to the case processor: wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case as taught by Palupunoori in order to provide streaming audio data to wireless audio devices from a portable charging case (Abstract, Palupunoori).
Regarding claim 2, Schrems teaches the hearing assistance system of claim 1, wherein the first input audio is received by the case through the first case microphone (paragraphs [0135] and [0149]; one or more earbuds may transmit microphone data or readings back to the case).
Regarding claim 3, Schrems teaches the hearing assistance system of claim 1, wherein the first input audio is received by the case from a device electrically connected to the first case interface port (paragraphs [0115]- [0116]; the top portion 20 of the case 10 further includes a locking mechanism 48 to removably secure one or more earbuds 64 within the earbud cavity 34 of the top portion 20 of the case 10).
Regarding claim 4, Schrems teaches the hearing assistance system of claim 3, wherein the second case charging structure comprises the first case interface port, wherein the first case interface port comprises electrical contacts for interfacing with a power supply to charge the case rechargeable battery (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
Regarding claim 5, Schrems teaches the hearing assistance system of claim 4, wherein the case further comprises a second case interface port configured to receive the first input audio from an auxiliary device electrically connected to the second case interface port (Abstract, paragraphs [0100] and [0106]; the center PCB 30 is electrically coupled by flex wires or cables to the top 26 and bottom 28 PCBs to control and provide power to or receive power from or input control signals from the top 26 and bottom 28 PCB).
Regarding claim 6, Schrems teaches the hearing assistance system of claim 1, wherein the first input audio is received by the case wireless communication device from an auxiliary device (paragraph [0124]; switch mechanism 62 of the top PCB 26 is electrically coupled to the center PCB 30 so that charging and wireless signal broadcasting are controlled by the center PCB 30).
Regarding claim 7, Schrems does not teach the hearing assistance system of claim 1, wherein the first ear-worn device is configured to be worn by a first user, the hearing assistance system further comprising a second ear-worn device configured to be worn by a second user, wherein when the case is in the streaming mode, the first input audio is streamed from the case to the first ear-worn device and to the second ear-worn device.
In the same field of endeavor, Palupunoori discloses wherein the first ear-worn device is configured to be worn by a first user, the hearing assistance system further comprising a second ear-worn device configured to be worn by a second user, wherein when the case is in the streaming mode, the first input audio is streamed from the case to the first ear-worn device and to the second ear-worn device (Fig.1, Fig.2 and column 4, lines 25-61; portable charging case 115 can provide an electrical charge to any wireless device while also establishing and/or maintaining the first audio stream and/or the second audio stream to first wireless audio device 105 and/or second wireless audio device 110).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Schrems’s teaching with a feature of wherein the first ear-worn device is configured to be worn by a first user, the hearing assistance system further comprising a second ear-worn device configured to be worn by a second user, wherein when the case is in the streaming mode, the first input audio is streamed from the case to the first ear-worn device and to the second ear-worn device as taught by Palupunoori in order to provide streaming audio data to wireless audio devices from a portable charging case (Abstract, Palupunoori).
Regarding claim 8, Schrems teaches the hearing assistance system of claim 1, the case comprising a streaming circuit board comprising the first case microphone and the first case interface port (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
Regarding claim 9, Schrems teaches the hearing assistance system of claim 8, the case comprising a power circuit board, wherein the power circuit board is physically separate from the streaming circuit board, the power circuit board comprising the case battery and the case charging structure (paragraphs [0100] and [0106]; The center PCB 30 is electrically coupled by flex wires or cables to the top 26 and bottom 28 PCBs to control and provide power to or receive power from or input control signals from the top 26 and bottom 28 PCBs).
Regarding claim 10, Schrems teaches the hearing assistance system of claim 8, the streaming circuit board further comprising:
a front microphone disposed on a front portion of the streaming circuit board corresponding to a front side of the case; a rear microphone disposed on a rear portion of the streaming circuit board corresponding to the rear side of the case; a left microphone disposed on a left portion of the streaming circuit board corresponding to a left side of the case; and a right microphone disposed on a right portion of the streaming circuit board corresponding to a right side of the case (paragraph [0128]; a system for storing and charging one or more earbuds 64 includes one or more earbuds 64. The earbuds 64 may be wireless or wired to the case 10. FIGS. 2A-2F, FIGS. 3A-3D, and FIGS. 4A-4B show respective views of several embodiments of a wireless earbud 64 of the present system. The wireless earbud 64 includes a body 70, optionally a fin 68 (FIGS. 2A-2F, FIGS. 3A-3B with fin, FIGS. 3C-3D without fin), and optionally a tip portion 72 (FIGS. 2A-2F, FIGS. 3C-3D with tip portion, FIGS. 3A-3B without tip portion). In some embodiments, the fin 68 and/or tip portion 72 are interchangeable or customizable so that the size and shape of the fin 68 and/or tip portion 72 are tailored to the size and shape of the ear of the user, for example a smaller ear as shown in FIG. 4A or a larger ear as shown in FIG. 4B. The body 70 may further include a groove, indentation, or depression 84 for interfacing with a movable or stationary stop of the locking mechanism 48, as described elsewhere herein. The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36).
Regarding claim 11, Schrems teaches the hearing assistance system of claim 1, wherein the first ear-worn device further comprises the input device (paragraphs [0024] and [0099]; earbuds 64).
Regarding claim 12, Schrems teaches the hearing assistance system of claim 1, wherein the case further comprises the input device (paragraphs [0024] and [0099]- [0100]; earbuds 64).
Regarding claim 13, Schrems teaches the hearing assistance system of claim 1, wherein the input device is physically separate from the first ear-worn device and from the case (paragraphs [0099] and [0104]; PCB 26 functions to charge a rechargeable battery in one or more earbuds 64 and/or to detect a presence of one or more earbuds 64 positioned in the earbud cavity 34 in the top portion 20 of the case 10).
Regarding claim 14, Schrems teaches the hearing assistance system of claim 1, wherein the case wireless communication device communicates at a frequency of 900 MHz, 2.4G or 5G (paragraphs [0092] and [0151]; radiofrequency).
Regarding claim 15, Schrems teaches the hearing assistance system of claim 1, wherein the case wireless communication device is configured to communicate with a mobile device (paragraph [0141]; transmitter of a mobile device 12 or computing device 74 transmits a plurality of wireless data transfers or stereophonic signals directly to the first wireless earbud 64a and the second wireless earbud 64b).
Regarding claim 16, Schrems teaches a hearing assistance system (paragraph [0091]; a hearing aid or earbud charging) comprising:
a first ear-worn device comprising a device speaker (Fig. 2A and paragraph [0128]; earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production), a device microphone, a device processor, a device non-transitory computer memory, a device rechargeable battery , and a device wireless communication component (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production);
a case configured to charge the device rechargeable battery of the first ear-worn device paragraphs [0122] and [0128]; battery 32 recharges the rechargeable battery of the earbuds 64 positioned in the earbud cavity 34), the case comprising:
a first case charging structure for charging the device rechargeable battery of the first ear-worn device, a case rechargeable battery (paragraph [0119]; earbud charging contact 76 is further positioned adjacent to a rechargeable battery 32 disposed in the second housing 38),
a second case charging structure for charging the case rechargeable battery, a case processor, a case non-transitory computer memory, a first case microphone, a first case interface port, and a case wireless communication device (paragraphs [0110]; case 10 to allow the antennas 36 to receive and transmit data).
However, Schrems does not teach the hearing assistance system further comprising an input device configured to provide an input signal to the case processor; wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and upon receiving a second signal from the input device, placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case.
In the same field of endeavor, Palupunoori discloses hearing assistance system further comprising an input device configured to provide an input signal to the case processor; wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and upon receiving a second signal from the input device, placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case (Fig.1, Fig.2 and column 4, lines 25-61; portable charging case 115 can provide an electrical charge to any wireless device while also establishing and/or maintaining the first audio stream and/or the second audio stream to first wireless audio device 105 and/or second wireless audio device 110).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Schrems’s teaching with a feature of hearing assistance system further comprising an input device configured to provide an input signal to the case processor; wherein the case non-transitory computer memory stores computer instructions for: upon receiving a first signal from the input device, placing the case in a streaming mode, in which first input audio is received by the case and streamed from the case wireless communication device to the device wireless communication component of the first ear-worn device; and upon receiving a second signal from the input device, placing the case in a charging mode, in which first ear-worn device is charged by the first case charging structure upon being received by the case as taught by Palupunoori in order to provide streaming audio data to wireless audio devices from a portable charging case (Abstract, Palupunoori).
Regarding claim 17, Schrems teaches a method of streaming audio to an ear-worn device (paragraph [0091]; a hearing aid or earbud charging) from a case, the ear-worn device comprising a device wireless communication device, a rechargeable battery, and a device charging structure and the case comprising a case wireless communication device (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
However, Schrems does not teach a case charging structure and a case rechargeable battery, the method comprising: sending a first signal from an input device to the case; upon receiving the first signal, placing the case in a streaming mode; receiving audio from a source at an audio input of the case; and streaming the audio from the case wireless communication device to the device wireless communication device.
In the same field of endeavor, Palupunoori discloses a case charging structure and a case rechargeable battery, the method comprising: sending a first signal from an input device to the case; upon receiving the first signal, placing the case in a streaming mode; receiving audio from a source at an audio input of the case; and streaming the audio from the case wireless communication device to the device wireless communication device (Fig.1, Fig.2 and column 4, lines 25-61; portable charging case 115 can provide an electrical charge to any wireless device while also establishing and/or maintaining the first audio stream and/or the second audio stream to first wireless audio device 105 and/or second wireless audio device 110).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Schrems’s teaching with a feature of a case charging structure and a case rechargeable battery, the method comprising: sending a first signal from an input device to the case; upon receiving the first signal, placing the case in a streaming mode; receiving audio from a source at an audio input of the case; and streaming the audio from the case wireless communication device to the device wireless communication device as taught by Palupunoori in order to provide streaming audio data to wireless audio devices from a portable charging case (Abstract, Palupunoori).
Regarding claim 18, Schrems teaches the method of claim 17, wherein the ear-worn device is configured to be worn by a first user, the method further comprising streaming the audio from the case wireless communication device to a second device wireless communication device of a second ear-worn device configured to be worn by a second user (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
Regarding claim 19, Schrems teaches the method of claim 17, further comprising:
positioning the ear-worn device inside the case such that the device charging structure is in electrical communication with the case charging structure; sending a second signal from the input device to the case; upon receiving a second signal from the input device, placing the case in a charging mode; and charging the rechargeable battery of the ear-worn device with the case charging structure (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
Regarding claim 20, Schrems teaches the method of claim 17, the audio input of the case comprising a microphone (Fig 2A and paragraph [0128]; The body 70 may include a microphone 82, rechargeable battery, receiver (e.g., wireless), transmitter (e.g., wireless), transceiver (e.g., wireless), and/or antenna 36. In some embodiments, the earbud 64 further includes a balanced armature receiver or speaker or a diaphragm-based speaker for audio sound production).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKELAW A TESHALE whose telephone number is (571)270-5302. The examiner can normally be reached 9 am -6pm.
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AKELAW TESHALE
Primary Examiner
Art Unit 2694
/AKELAW TESHALE/Primary Examiner, Art Unit 2694