DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of USPAT 10609198 B2 respectively.
Although the claims at issue are not identical, they are not patentably distinct from each other because USPAT 10609198 B2 claims include all of the limitations of the instant application claims. USPAT 10609198 B2 claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims of USPAT 10609198 B2 and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
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 of this title, 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170272561 A1 (Hereinafter Kim), in view of US 20150241922 A1 (Hereinafter Farjami) and in further view of US 20100039064 A1 (Locker), US 20170214780 A1 (Gofman), US 20170214780 A1 (Gofman) and US 20140270227 A1 (Swanson).
Regarding Claims 1-2 and 17-20:
A system comprising: a mobile base station comprising a connection hole, a user input button, at least one processor, at least one memory, and circuitry; and a wireless earbud capable of wireless pairing with a smartphone and configured for plugging into the connection hole of the mobile base station to form an integrated body with the mobile base station, wherein, in response to pressing of the user input button of the mobile base station, the at least one processor is configured to execute computer program instructions stored in the at least one memory to initiate processing for the wireless pairing with the smartphone, wherein, while the wireless earbud is plugged in the connection hole of the mobile base station, the wireless earbud is configured to electrically connect with the circuitry of the mobile base station and further configured to perform wired data communication with the mobile base station, wherein, while the wireless earbud is plugged in the connection hole of the mobile base station, the at least one processor is configured to execute computer program instructions stored in the at least one memory to initiate charging of a battery of the wireless earbud, wherein while the wireless earbud is wirelessly paired with the smartphone, the wireless earbud is configured to perform data communication with the smartphone, wherein the system is configured to generate sound when a mobile application installed on the smartphone is searching for the system while the wireless earbud is paired with the smartphone, wherein the wireless earbud is not capable of wirelessly sending data to the mobile base station, wherein the mobile base station further comprises a sensor for receiving the user’s input (Kim: Figs. 2-3 and [0063]-[0092]; a main body 10 with user input unit 123, a 1st interface unit 161 to connect to sub-body 20 that hosted an earpiece, a controller 180, and a memory 170 that holds data, instructions and apps; Figs. 2-8, a wireless earpiece 30 that can plug into the sub-body and form an integrated body with the main body 10; Fig. 9 and [0115]-[0127], in the case that the earpiece 30 is in the sub-body 20, the main body and earpiece form a wired connection to communicate; the wireless headset 100 is wirelessly communicating with audio source 200, which implies that the wireless headset is capable of paring with the audio device, and play audio from received audio data from the audio resource device (e.g. smartphone), where the wireless communication can be WLAN, Bluetooth, among others [0054] and a paring can be initiated through the headset 100 or audio device 200; Figs. 6-8, control sound output mode depending on whether earpiece is separated from sub-body, i.e. detecting plug and unplug and acting accordingly, and in plug-mode the sound is communicated with the sub-module instead of wirelessly with the earpiece (turning off wireless communication of the earpiece); Fig. 18, [0162]-[0163], microphone is deactivated when earpieces are plugged into sub-body 20, and the sub-module is plugged into the main body 10; the microphone is reactivated when the cable of earpieces are pulled beyond a pre-determined distance; Fig. 12 and [0135]-[0140], plug earpieces into the sub-body, and attach the sub-body into the main body, the wireless headset 100 may serve as a speaker wirelessly connected to the audio source 200. In particular, since a sound is output through the earpieces 31 and 32, the earpieces 31 and 32 serve as speakers; Figs. 10, 12, the earpieces can be in speaker mode, i.e., earbuds only in receiving mode. It is also noted that whether earbuds are in bi-directional or uni-directional depend on design requirement and/or applications),
Kim does not teach explicitly on obtaining characteristics of wireless earpiece and charging the earpiece when is plugged. However, Farjami teaches (Farjami: Figs. 1-2 and [0033]-[0036], the wristband may have dedicated charge connector 139 for the earpiece or a combined charging/communication port 137 to charge earpiece, similar to the combined charging/communication port with computer device 110, the battery level (i.e. characteristics) may communicate among wireless interface 137 and be indicated through the light of the wristband, which is applicable for computer device to wristband and the earpiece to the wristband; light indicator 140 for status indication; charging light 271 may indicate both charging levels of wristband and computer device).
It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Kim with obtaining characteristics of wireless earpiece and charging the earpiece when is plugged as taught by Farjami. The advantage of doing so is to provide a mechanism to enable a multiple subscriber device system to allow user flexibility to mix and share various device resources among subscribed devices with different capabilities and usage preference (Farjami: [0001]-[0002]).
Kim teaches that in case of earbud is plugged into the holder, wireless communication between external device, i.e., smartphone, is disabled. However, Kim does not teach explicitly on turn off wireless communication once charging is initiated. However, Locker teaches (Locker: Figs. 9-10, wireless communication is turned off when a wireless device is connected through a connector with a hosting device for charging. It is noted that during charging cycle, design may choose to continuously data communicate through wired path or stop communication between wireless device or host upon the application requirements).
It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Kim with turn off wireless communication once charging is initiated as taught by Locker. The advantage of doing so is to provide a mechanism to recharge wireless device (Locker: Background).
Kim does not teach explicitly on in response to pressing of the user input button to initial a wireless pairing and setting and monitoring paring and generating sound when wireless devices are paired. However, Luna teaches Gofman teaches (Gofman: Figs. 4-8 and, par. 28-29, tap to initial pairing, where the BT is one common wireless protocol for such PAN; [0049]-[0051], App in a phone to initial paring, monitor paring with indication of pairing in display or sound).
It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Kim with in response to pressing of the user input button to initial a wireless pairing and setting and monitoring paring and generating sound as taught by Gofman. The advantage of doing so is to provide a mechanism for paring between wireless EDs and more specifically, to efficiently and securely establishing communication via paring between such devices (Gofman: [0002]-[0003]).
Kim does not teach explicitly on a display, input sensor on a mobile base station that can host earbuds, and only enable one way communication from the host to the earbuds. However, Swanson teaches (Swanson: Figs. 1-3 and 8-9, a hosting device 102 that has a display, a user touch input, and provides charging for earbuds when they are plugged into holes).
It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Kim with a display, input sensor on a mobile base station that can host earbuds as further taught by Swanson. The advantage of doing so is to provide a audio playback device that saves battery in a small size (Swanson: Background).
Regarding Claim 3, Kim as modified further teaches:
The system of claim 1, wherein, when the wireless earbud is plugged into the connection hole, the system is configured such that the smartphone wirelessly communicates with at least one of the mobile base station and the wireless earbud (Kim: Fig. 2).
Regarding Claim 4, Kim as modified further teaches:
The system of claim 1, wherein the mobile base station further comprises a wireless communication module configured to wirelessly communicate with at least one of the smartphone and the wireless earbud (Kim: Fig. 2).
Regarding Claim 5, Kim as modified further teaches:
The system of claim 1, wherein the at least one processor is configured to determine whether the wireless earbud is plugged into the connection hole or unplugged out of the connection hole of the mobile base station, wherein the mobile base station is configured such that battery charging of the wireless earbud is performed while the wireless earbud is plugged in the connection hole of the mobile base station (Swanson: Figs. 1-3 and 8-9, a hosting device 102 that has a display, a user touch input, and provides charging for earbuds when they are plugged into holes).
Regarding Claim 6, Kim as modified further teaches:
The system of claim 1, wherein the mobile base station further comprises a volume control button configured to control volume of the wireless earbud, wherein the wireless earbud is not capable of wirelessly sending data to the mobile base station (Kim: Fig. 19 and par. 26, an automatic volume control method, where using a user input to control audio volume is known practice), .
Regarding Claim 7, Kim as modified further teaches:
The system of claim 1, wherein the system is configured such that, in response to plugging into the connection hole of the mobile base station, the wireless earbud initiates wired data communication with the mobile base station, wherein the wireless earbud is further configured to initiate the wireless pairing in response to unplugging out of the connection hole of the mobile base station, wherein the system is configured such that, subsequent to unplugging out of the connection hole of the mobile base station, the wireless earbud generates sound using audio data from the smartphone without an additional action of a user to the wireless earbud (Kim: Fig. 9, wireless pairing and communication are initiated through the action of earpiece is separated from sub-body).
Regarding Claim 8, Kim as modified further teaches:
The system of claim 1, wherein the system is configured to such that, in response to plugging into the connection hole of the mobile base station, the wireless earbud stops playing sound based on audio data from the smartphone, wherein the system is configured to provide a battery status to the smartphone such that a low battery warning is displayed on the smartphone (Swanson: Figs. 1-3, 8-9).
Regarding Claim 9, Kim as modified further teaches:
The system of claim 1, wherein the mobile base station further comprises a communication module configured to interface data communication with at least one of the smartphone and the wireless earbud (Kim: Fig. 9).
Regarding Claim 10, Kim as modified further teaches:
The system of claim 1, wherein, in response to unplugging the wireless earbud out of the connection hole, the system is configured to initiate processing for the wireless pairing with the smartphone (Kim: Fig. 9).
Regarding Claim 11, Kim as modified further teaches:
The system of claim 1, wherein, in response to plugging the wireless earbud into the connection hole, the at least one processor is configured to execute computer program instructions stored in the at least one memory to initiate ceasing of the wireless pairing with the smartphone (Kim: Fig. 8).
Regarding Claim 12, Kim as modified further teaches:
The system of claim 1, wherein the at least one processor is configured to execute computer program instructions stored in the at least one memory to turn off the wireless pairing while the wireless earbud is being charged (Locker: Figs. 9-10, wireless communication is turned off when a wireless device is connected through a connector with a hosting device for charging. It is noted that during charging cycle, design may choose to continuously data communicate through wired path or stop communication between wireless device or host upon the application requirements).
Regarding Claim 13, Kim as modified further teaches:
The system of claim 1, wherein the mobile base station further comprises a communication module configured to interface data communication with at least one of the smartphone and the wireless earbud (Kim: Fig. 2, earbuds communicate with audio source (smartphone) through the main body, where making an earbud to communicate directly with a smartphone is known practice for modern smartphone).
Regarding Claim 14, Kim as modified further teaches:
The system of claim 1, wherein the at least one processor is configured to execute computer program instructions stored in the at least one memory to turn off the wireless pairing while the wireless earbud is being charged, wherein, in response to plugging the wireless earbud into the connection hole, the at least one processor is configured to execute computer program instructions stored in the at least one memory to initiate ceasing of the wireless pairing with the smartphone (Kim: e.g., Fig. 8; Locker: Figs. 9-10).
Regarding Claim 15, Kim as modified further teaches:
The system of claim 1, wherein the mobile base station further comprises a communication module configured to interface data communication with at least one of the smartphone and the wireless earbud, wherein in response to pressing the user input button, the at least one processor is configured to execute computer program instructions stored in the at least one memory to process the wireless pairing with the smartphone (Gofman: Figs. 4-8 and, par. 28-29, tap to initial pairing, where the BT is one common wireless protocol for such PAN; [0049]-[0051], App in a phone to initial paring, monitor paring with indication of pairing in display or sound).
Regarding Claim 16, Kim as modified further teaches:
The system of claim 1, wherein the at least one processor is configured to determine whether the wireless earbud is plugged into the connection hole or unplugged out of the connection hole, wherein the mobile base station further comprises a communication module configured to interface data communication with at least one of the smartphone and the wireless earbud, wherein, when the wireless earbud is plugged into the connection hole, the system is configured such that the smartphone wirelessly communicates with at least one of the mobile base station and the wireless earbud, and wherein, in response to unplugging the wireless earbud out of the connection hole, the system is configured to initiate processing for the wireless pairing with the smartphone (Kim: Figs. 8-9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHITONG CHEN whose telephone number is (571) 270-1936. The examiner can normally be reached on M-F 9:30am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached on 571-272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHITONG CHEN/
Primary Examiner, Art Unit 2649
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