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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16 and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 16 recites the limitation "the hearing device.” There is insufficient antecedent basis for this limitation in the claim. The claim is preceded by the first hearing device and the second hearing device; therefore, it is unclear if "the hearing device” Is referring to the first or the second hearing device.
Claim 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 25 recites the limitation "the second microphone signal from the first hearing device.” There is insufficient antecedent basis for this limitation in the claim. The claim is preceded by “wherein the first hearing device comprises a first microphone system configured to provide a first microphone signal” and “wherein the second hearing device comprises a second microphone system configured to provide a second microphone signal,” but no mentioning of the second microphone signal from the first hearing device.
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) 1-14, 24-27, and 32-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394).
Regarding claim 1, Berth teaches A hearing system comprising: a first hearing device configured for wear at a first ear of a user; and a second hearing device configured for wear at a second ear of the user (Berth figure 1 and ¶0056, “a first hearing device 4 and a second hearing device 6. The first hearing device 4 and the second hearing device 6 are configured to be worn at a first ear and second ear, respectively, of a user”); wherein the first hearing device comprises a first microphone system configured to provide a first microphone signal (Berth figure 1, microphone 8a), a first processing unit (Berth ¶0017, “The first and second hearing device may both comprise a processing unit”), a first communication unit (Berth figure 2, and ¶0062, “hearing devices 4 and 6 may each comprise at least one wireless communication unit 22a, 22b”), and a first antenna coupled to the first communication unit (Berth figure 2, and ¶0062, “at least one wireless communication unit 22a, 22b configured for wireless communication and interconnected with the primary antennas 10a, 10b”); wherein the second hearing device comprises a second microphone system configured to provide a second microphone signal (Berth figure 1, microphone 8b), a second processing unit (Berth ¶0017, “The first and second hearing device may both comprise a processing unit”), a second communication unit (Berth figure 2, and ¶0062, “hearing devices 4 and 6 may each comprise at least one wireless communication unit 22a, 22b”), a second antenna coupled to the second communication unit (Berth figure 2, and ¶0062, “at least one wireless communication unit 22a, 22b configured for wireless communication and interconnected with the primary antennas 10a, 10b”), and a receiver configured to provide an audio output (Berth figure 2, speakers 12a-12b); wherein the first hearing device has a first operation mode; wherein the first hearing device is configured to transmit the first microphone signal or audio signal based on the first microphone signal to the second hearing device via a wireless communication link between the first antenna of the first hearing device and the second antenna of the second hearing device when the first hearing device is in the first operation mode (Berth ¶0013, “The first bidirectional link typically serves for exchanging various information and settings between the two hearing devices. The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”); however, does not explicitly teach a second operation mode and wherein when the first hearing device is in the second operation mode, the wireless communication link is disabled.
Ni teaches a second operation mode and wherein when the first hearing device is in the second operation mode, the wireless communication link is disabled (Ni ¶0153, “when the charging case accommodating only the first earbud is opened, it takes a long time for the first earbud to reconnect to the second earbud based on a requirement of the user, affecting user experience” and ¶0154, “attempt to reconnect to the second earbud”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Ni to improve the known hearing system of Berth to achieve the predictable result of reduced reconnection duration (Ni ¶0005).
Regarding claim 2, Berth in view of Ni teaches wherein when the first hearing device is in the second operation mode, the first hearing device remains on while the wireless communication link is disabled (Ni ¶0153, “when the charging case accommodating only the first earbud is opened, it takes a long time for the first earbud to reconnect to the second earbud based on a requirement of the user, affecting user experience,” and ¶0154, “attempt to reconnect to the second earbud”).
Regarding claim 3, Berth in view of Ni teaches wherein the hearing system has a first system mode, and wherein when the hearing system is in the first system mode, the audio output from the receiver of the second hearing device is based on the second microphone signal and not based on the first microphone signal (Berth ¶0019, “second hearing device is selected to capture the user’s voice” and Ni ¶0164 “When the first earbud is a secondary earbud and the second earbud is a primary earbud”).
Regarding claim 4, Berth in view of Ni teaches wherein the first system mode is defined by the first hearing device being in the second operation mode, and by the second hearing device being in an unmute mode (Ni ¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud”).
Regarding claim 5, Berth in view of Ni teaches wherein when the hearing system is in the first system mode (Ni ¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud”), the first communication unit and/or the first antenna of the first hearing device is disabled to disable the wireless communication link (Ni ¶0149, “When the Bluetooth device 200 is placed into the charging case and the charging case is closed…Bluetooth connection between the primary earbud and the secondary earbud is broken”).
Regarding claim 6, Berth in view of Ni teaches wherein the second hearing device comprises a mixer, and wherein the mixer of the second hearing device is configured to provide an output that is based on the second microphone signal, not based on the first microphone signal, when the hearing system is in the first system mode (Ni ¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud,” with BRI a processor that sends the receiver an output signal can be considered a mixer).
Regarding claim 7, Berth in view of Ni teaches wherein the hearing system has a second system mode, and wherein when the hearing system is in the second system mode, the audio output from the receiver of the second hearing device is based on the first microphone signal transmitted from the first hearing device to the second hearing device (Berth ¶0013, “The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”), and also based on the second microphone signal from the second microphone of the second hearing device (Berth ¶0020, “Namely, the audio signal from the far-end caller may be received on the hearing device exposed to lower noise. Alternatively, the audio signal from the far-end caller may be received on both hearing devices. In some embodiments, the hearing device system may have a dynamic volume control. Namely, the processing unit may further be configured to turn up the volume of the speaker of the first or second hearing device having the lowest noise level of the first and second noise level,” wherein the noise level is based on detected microphone signals).
Regarding claim 8, Berth in view of Ni teaches wherein the second system mode is defined by the first hearing device being in the first operation mode (Berth ¶0013, “The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”), and by the second hearing device being in an unmute mode (Berth ¶0020, “Namely, the audio signal from the far-end caller may be received on the hearing device exposed to lower noise. Alternatively, the audio signal from the far-end caller may be received on both hearing devices. In some embodiments, the hearing device system may have a dynamic volume control. Namely, the processing unit may further be configured to turn up the volume of the speaker of the first or second hearing device having the lowest noise level of the first and second noise level,” wherein the noise level is based on detected microphone signals).
Regarding claim 9, Berth in view of Ni teaches wherein when the hearing system is in the second system mode, the first communication unit and/or the first antenna of the first hearing device is not disabled to maintain the wireless communication link (Berth ¶0013, “The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”).
Regarding claim 10, Berth in view of Ni teaches wherein the second hearing device comprises a mixer, and wherein the mixer of the second hearing device is configured to provide an output that is based on the second microphone signal and the first microphone signal (Berth ¶0020, “In some embodiments, the hearing device system may have a dynamic volume control. Namely, the processing unit may further be configured to turn up the volume of the speaker of the first or second hearing device having the lowest noise level of the first and second noise level,” wherein the noise level is based on detected microphone signals), when the hearing system is in the second system mode (Berth ¶0013, “The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”).
Regarding claim 11, Berth in view of Ni teaches wherein the hearing system has a third system mode, and wherein when the hearing system is in the third system mode, the audio output from the receiver of the second hearing device is based on the first microphone signal and not based on the second microphone signal (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 12, Berth in view of Ni teaches wherein the third system mode is defined by the first hearing device being in the first operation mode, and by the second hearing device being in a mute mode (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 13, Berth in view of Ni teaches wherein when the hearing system is in the third system mode, the first communication unit and/or the first antenna of the first hearing device is not disabled to maintain the wireless communication link (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 14, Berth in view of Ni teaches wherein the second hearing device comprises a mixer, and wherein the mixer of the second hearing device is configured to provide an output that is based on the first microphone signal (¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud,” with BRI a processor that sends the receiver an output signal can be considered a mixer), not based on the second microphone signal, when the hearing system is in the third system mode (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 24, Berth in view of Ni teaches wherein the second hearing device comprises a mixer (Ni ¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud,” with BRI a processor that sends the receiver an output signal can be considered a mixer).
Regarding claim 25, Berth in view of Ni teaches wherein the mixer of the second hearing device is configured to provide a mixer output that is based on (1) the first microphone signal or the audio signal from the first hearing device, and (2) the second microphone signal from the first hearing device (Berth figure 3, step 106 compares noise from both microphones), when the first hearing device is in the first operation mode (Berth ¶0013, “The first bidirectional link typically serves for exchanging various information and settings between the two hearing devices. The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”), and when the second hearing device is in an unmute mode (Berth figure 3, when second hearing device captures the call).
Regarding claim 26, Berth in view of Ni teaches wherein the mixer of the second hearing device is configured to provide a mixer output that is based on only the second microphone signal from the second microphone of the second hearing device, when the first hearing device is in the second operation mode, and when the second hearing device is in an unmute mode (Ni ¶0151, “if the terminal 100 is not around the first earbud or a Bluetooth function has been disabled and a user has connected the second earbud to another device through Bluetooth, the user needs to use the first earbud as a secondary earbud and connect to the second earbud used as a primary earbud, to receive audio data of the another device by using the first earbud and the second earbud,” with BRI a processor that sends the receiver an output signal can be considered a mixer).
Regarding claim 27, Berth in view of Ni teaches wherein the mixer of the second hearing device is configured to provide a mixer output that is based on only the first microphone signal from the first microphone of the first hearing device or only the audio signal, when the first hearing device is in the first operation mode (Berth ¶0013, “The first bidirectional link typically serves for exchanging various information and settings between the two hearing devices. The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”), and when the second hearing device is in a mute mode (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 32, Berth in view of Ni teaches wherein the first operation mode of the first hearing device is an unmute mode (Berth ¶0018), and the second operation mode of the first hearing device is a mute mode (Berth ¶0019).
Regarding claim 33, Berth in view of Ni teaches wherein the first antenna of the first hearing device comprises a magnetic induction antenna (Berth ¶0031, “magnetic induction antenna”).
Regarding claim 34, Berth in view of Ni teaches wherein the magnetic induction antenna is configured to transmit the first microphone signal or the audio signal as audio data (Berth ¶0013, “The first bidirectional link typically serves for exchanging various information and settings between the two hearing devices. The first bidirectional link may also serve for sending audio signal from one hearing device to another. For instance, the first hearing device may, as per system settings, be the only one receiving sounds from environment and/or from an external device. Then a first primary antenna may communicate a corresponding audio signal to a second primary antenna of the second is device so that the user hears the signal in both hearing devices”).
Regarding claim 35, Berth in view of Ni teaches wherein the first hearing device further comprises an additional first antenna configured to communicate with an exterior device (Berth figure 2 and ¶0057, “a secondary antenna 16 configured for establishing a second bidirectional wireless link 18 with an electronic device”).
Regarding claim 36, Berth in view of Ni teaches wherein the exterior device comprises a remote control, a phone (Berth ¶0015, “smart phone”), or a watch, a tablet, a computer, or a communication device.
Claim(s) 15-18, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Luo (CN 108735219).
Regarding claim 15, Berth in view of Ni does not explicitly teach wherein the hearing system has a fourth system mode, and wherein when the hearing system is in the fourth system mode, the audio output from the receiver of the second hearing device is independent of the first microphone signal from the first microphone of the first hearing device, and is independent of the second microphone signal from the second microphone of the second hearing device.
Luo teaches wherein the hearing system has a fourth system mode, and wherein when the hearing system is in the fourth system mode, the audio output from the receiver of the second hearing device is independent of the first microphone signal from the first microphone of the first hearing device, and is independent of the second microphone signal from the second microphone of the second hearing device (Luo page 83 last ¶, “when the user stops speaking, the microphone is turned off to prevent ambient noise”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Luo to improve the known hearing system of Berth in view of Ni to achieve the predictable result of conserving energy by turning off the microphone when not needed.
Regarding claim 16, Berth in view of Ni in further view of Luo teaches wherein the fourth system mode is defined by the hearing device being in the second operation mode (Ni ¶0153, “when the charging case accommodating only the first earbud is opened, it takes a long time for the first earbud to reconnect to the second earbud based on a requirement of the user, affecting user experience” and ¶0154, “attempt to reconnect to the second earbud”), and by the second hearing device being in a mute mode (Berth ¶0018, “in this case, the microphone(s) of the second hearing device may be disabled, or the sound captured by the microphone(s) may not be transmitted/used”).
Regarding claim 17, Berth in view of Ni in further view of Luo teaches wherein when the hearing system is in the fourth system mode, the first communication unit and/or the first antenna of the first hearing device is disabled to disable the wireless communication link (Berth figure 3, ¶0019).
Regarding claim 18, Berth in view of Ni in further view of Luo teaches wherein the second hearing device comprises a mixer, and wherein the mixer of the second hearing device is configured to provide an output that is not based on the second microphone signal, and is not based on the first microphone signal, when the hearing system is in the fourth system mode (Luo page 83 last ¶, “when the user stops speaking, the microphone is turned off to prevent ambient noise”).
Regarding claim 28, Berth in view of Ni in further view of Luo teaches wherein the mixer of the second hearing device is configured to provide no output (When there is no audio to be output), a null output, a media output, or an output that is independent of the first microphone signal and the second microphone signal, when the first hearing device is in the second operation mode, and when the second hearing device is in a mute mode (Luo page 83 last ¶, “when the user stops speaking, the microphone is turned off to prevent ambient noise”).
Claim(s) 19-22 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Ni2(US 2024/0040481).
Regarding claim 19, Berth in view of Ni does not explicitly teach a user-control configured to allow the user to mute the first hearing device, to mute the second hearing device, or to mute both the first hearing device and the second hearing device.
Ni2 teaches a user-control configured to allow the user to mute the first hearing device, to mute the second hearing device, or to mute both the first hearing device and the second hearing device (Ni2, fig 1B and ¶0038, “The touch key 111 may be used in cooperation with a touch sensor, and is configured to trigger operations such as pausing, playing, recording, turning on the microphone, and turning off the microphone”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Ni2 to improve the known hearing system of Berth in view of Lee to achieve the predictable result of conserving energy by turning off the microphone when not needed.
Regarding claim 20, Berth in view of Ni in further view of Ni2 teaches wherein the user-control comprises a first control at the first hearing device (Ni2, fig 1B and ¶0038, “The touch key 111 may be used in cooperation with a touch sensor, and is configured to trigger operations such as pausing, playing, recording, turning on the microphone, and turning off the microphone”) and a second control at the second hearing device (Ni2, fig 1B and ¶0038, “It can be understood that the earbud may be alternatively a left earbud 101”).
Regarding claim 21, Berth in view of Ni in further view of Ni2 teaches wherein the user-control is at a handheld device that is configured to wirelessly communicate with the first hearing device and/or the second hearing device (Ni2 ¶0046, it is obvious and known in the art that a user can use a connected smart phone to mute microphone input during a phone call).
Regarding claim 22, Berth in view of Ni in further view of Ni2 teaches wherein the first hearing device is configured to disable the wireless communication link (Berth figure 2, antennas 10a-b and ¶0149, “When the Bluetooth device 200 is placed into the charging case and the charging case is closed…Bluetooth connection between the primary earbud and the secondary earbud is broken”).
Regarding claim 37, Berth in view of Ni in further view of Ni2 teaches wherein the additional first antenna of the first hearing device is configured to provide communication at 2.4 GHz (Ni2 ¶0133).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Ni2(US 2024/0040481) in further view of Deng (WO 2021/082875).
Regarding claim 23, Berth in view of Ni in further view of Ni2 does not explicitly teach wherein the first hearing device is configured to communicate with the second hearing device to inform the second hearing device before disabling the wireless communication link.
Deng teaches wherein the first hearing device is configured to communicate with the second hearing device to inform the second hearing device before disabling the wireless communication link (Deng Page 8 ¶3, “Optionally, the method further includes: when the remaining power of the slave headset is less than the power threshold, sending a Bluetooth communication end request to the master headset during the first idle period; when the slave headset receives the master headset sending After completing the Bluetooth communication response, output an instruction to turn off the power of the slave headset to turn off the power of the slave headset”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Deng to improve the known hearing system of Berth in view of Ni in further view of Ni2 to achieve the predictable result of improving battery life prevent freezes in audio reproduction (Deng, end of page 6).
Claim(s) 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Zou (US 2021/0368253).
Regarding claim 29, Berth in view of Ni does not explicitly teaches wherein when the first hearing device is in the second operation mode, the first communication unit and/or the first antenna is disabled by reducing or removing power supplied to the first communication unit and/or to the first antenna.
Zou teaches wherein when the first hearing device is in the second operation mode, the first communication unit and/or the first antenna is disabled by reducing or removing power supplied to the first communication unit and/or to the first antenna (Zou ¶0060, “long pressing the earphone control button 1141 for two seconds corresponds to turning on/turning off Bluetooth, and long pressing the earphone control button 1141 for seven seconds corresponds to pairing Bluetooth”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Zou to improve the known hearing system of Berth in view of Ni to achieve the predictable result of a more accessible control for the hearing system.
Regarding claim 30, Berth in view of Ni in further view of Zou teaches wherein when the first hearing device is in the second operation mode, the first communication unit and/or the first antenna is disabled by an operation of a switch inside the hearing device (Zou ¶0060, “long pressing the earphone control button 1141 for two seconds corresponds to turning on/turning off Bluetooth, and long pressing the earphone control button 1141 for seven seconds corresponds to pairing Bluetooth”).
Regarding claim 31, Berth in view of Ni in further view of Zou teaches wherein when the first hearing device is in the second operation mode, the second communication unit of the second hearing device is in a standby mode (Zou ¶0060, “long pressing the earphone control button 1141 for seven seconds corresponds to pairing Bluetooth”).
Claim(s) 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Luo2 (US 2021/0377642).
Regarding claim 38, Berth in view of Ni does not explicitly teach wherein the additional first antenna of the first hearing device is configured to communicate non-audio data with the second hearing device.
Luo2 teaches wherein the additional first antenna of the first hearing device is configured to communicate non-audio data with the second hearing device (Luo2 ¶0177, “he binaural communication (master) module of the master headset and the binaural communication (slave) module of the slave headset, is based on a wireless transmission protocol, for example, Bluetooth, NFC, or Wi-Fi, and provides functions such as status synchronization, data sharing, command control (such as volume control) for the two headsets”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Luo2 to improve the known hearing system of Berth in view of Ni to achieve the predictable result of more efficient communication between devices.
Regarding claim 39, Berth in view of Ni in further view of Luo2 teaches wherein the non-audio data comprises control data (Luo2 ¶0177, “he binaural communication (master) module of the master headset and the binaural communication (slave) module of the slave headset, is based on a wireless transmission protocol, for example, Bluetooth, NFC, or Wi-Fi, and provides functions such as status synchronization, data sharing, command control (such as volume control) for the two headsets”).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berth (US 2022/0256299) in view of Ni (US 2022/0369394) in further view of Luo2 (US 2021/0377642) in further view of Couleaud (US 2025/0310692).
Regarding claim 40, Berth in view of Ni in further view of Luo2 does not explicitly teach wherein the second hearing device comprises an additional second antenna configured to communicate with the additional first antenna of the first hearing device.
Couleaud teaches wherein the second hearing device comprises an additional second antenna (Couleaud figure 4, 410, 414, 416, 412) configured to communicate with the additional first antenna of the first hearing device (Couleaud figure 2 and ¶0026).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Couleaud to improve the known hearing system of Berth in view of Ni in further view of Luo2 to achieve the predictable result of a convenient pairing method between headphones.
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693