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 . See 35 U.S.C. § 100 (note).
Art Rejections
Obviousness
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.
Claims 1–3 and 5–8 are rejected under 35 U.S.C. § 103 as being unpatentable over CN 113709618 A (published 26 November 2021) (“Tu”), Samuel Gibbs, Fairphone Fairbuds Review: Ethically Made Earbuds with Replaceable Batteries, The Guardian (https://www.theguardian.com/technology/2024/apr/11/fairphone-fairbuds-review-ethically-made-earbuds-with-replaceable-batteries) (11 April 2024) (last accessed 20 July 2026) (“Gibbs”), US Patent 10,477,329 (patented 12 November 2019) (“Polinske”), US Patent Application Publication 2004/0151331 (published 05 August 2004) (“Vonlanthen”) and US Patent Application Publication 2024/0114287 (filed 26 September 2023) (“Gahimer”).
Claim 4 is rejected under 35 U.S.C. § 103 as being unpatentable over Tu, Gibbs, Polinske, Vonlanthen, Gahimer and US Patent Application Publication 2025/0338072 (effectively filed 29 April 2024) (“Fu”).
Claim 1 is drawn to “a wireless headset.” The following table illustrates the correspondence between the claimed headset and the Tu reference.
Claim 1
The Tu Reference
“1. A wireless headset, comprising:
The Tu reference similarly describes an earphone 60 configured as a wireless earphone and corresponding to the claimed wireless headset. Tu at ¶¶ 2, 3, 107, 108, FIGs.13, 14.
“a headset body, comprising:
“a housing;
Tu’s earphone 60 similarly includes a body formed by an ear part 610 and a stem 620 that together form a housing as claimed. Id.
“a conductive part, located in the housing; and
Tu’s housing part 610 encloses a battery 617 that powers various components, such as speaker 612. Id. at ¶ 144, FIG.22. Ear part 610 inherently includes a conductive part as claimed in order to provide a conductive path for battery 617 to power speaker 612.
“a first connecting component, connected to the housing; and
Tu’s housing inlet 610 is formed by a second housing 611 made of shells 611a and 611b. Id. at ¶ 131, FIG.19. Shells 611a and 611b include connecting components, such as a notch and post. See id. at FIGs.18, 20. See also Figure 1, below.
“a battery component, detachably connected to the headset body,
“the battery component comprising a second connecting component,
Tu’s ear part 610 includes a shell 611b and a battery 617 that together correspond to the battery component. Id. at FIGs.18, 19. Shell 611b includes a notch corresponding to the claimed second connecting component. See id. at FIGs.18, 20. See also Figure 1, below.
Tu, however, does not describe that shell 611b and battery 617 are detachably connected to shell 611a.
“wherein in a first state, the battery component is assembled on the headset body, the first connecting component is fixed on the second connecting component, and the conductive part is electrically connected to the battery component,
Tu describes forming earphone 60 so that shell 611a and shell 611b are assembled with battery 617 and speaker 612. Id. at ¶¶ 131, 144, FIGs.18, 19. As noted above, there are wired connections between battery 617 and speaker 612 in order to provide a conductive path for battery 617 to power speaker 612.
“wherein during a transition from the first state to a second state, an external force drives the first connecting component to separate from the second connecting component, thereby causing the battery component to separate from the headset body,
Tu does not describe transitioning from a first state to a second state (e.g., disassembling shells 611a and 611b in order to change battery 617) by applying an external force to drive separation between the notch and post of shells 611a and 611b.
“wherein the housing has an opening, and in the first state, the battery component is configured at the opening, a part of the battery component being located in the opening, and another part of the battery component being located outside the opening,
Shell 611a similarly includes an opening that partially receives battery 617. Id. at FIG.19. See also Figure 2, below. Shell 611b, which forms the remainder of the battery component is located entirely outside of shell 611a. Tu at FIG.19.
“wherein the battery component comprises a driving part, and in the first state, the driving part is located outside the opening, the driving part having a length in an opening direction.”
As noted above, Tu does not describe driving shell 611b in order to remove it from shell 611a. Shell 611b accordingly does not have any corresponding driving part as claimed.
Table 1
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Figure 1: Marked-up copies of Tu at FIGs.18, 20 (marked-up to show position of a post and notch corresponding to the claimed first and second connecting components).
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Figure 2: Marked-up copy of Tu at FIG.19 (marked-up to highlight positioning of battery 617 and correspondence with claimed elements (claim 5)).
Table 1 and Figures 1 and 2, above, demonstrate that the Tu reference describes an earphone that corresponds closely to the claimed wireless headset. The Tu reference does not anticipate the claimed invention because Tu does not describe forming its shell 611b and battery to be driven by an external force in order to separate a post and notch to separate and thus separate shell 611b from 611a to, for example, replace battery 617. Along those same lines, Tu does not form shell 611b with a driving part as claimed.
The differences between the claimed invention and the Tu reference are such that the invention as a whole would have been obvious to one of ordinary skill in the art at the time this Application was effectively filed. The Tu reference describes a wireless earphone 60 corresponding closely to the claimed wireless headset. Both include a housing that interfaces with a battery component designed to hold a battery. The differences between Tu and the claimed invention stem from Tu’s reliance on a rechargeable battery in place of a replaceable battery. Accordingly, Tu omits any description of separating the shells 611a and 611b that form ear part 610.
The Gibbs reference describes a pair of wireless earbuds sold as Fairbuds by Fairphone. Gibbs at p.1. The Gibbs reference recognizes that the Fairbuds are designed to facilitate end-user repairability. Id. at pp.1, 4. One technique to meet this goal is using replaceable batteries, such as rechargeable lithium-ion cell batteries (e.g., LIR1054). Id. at p.2. To facilitate replacement, the Fairbuds include a side-opening battery drawer that pivots open. Id. Read in light of Tu, the Gibbs reference suggests modifying Tu’s earphone 60 to include a replaceable battery in order to facilitate user repair of earphone 60.
In addition to the side-opening drawer taught by Gibbs, the prior art teaches numerous other approaches to providing a user-accessible battery opening to replace a spent battery. Polinske, for example, describes a hearing device, which could be a hearing aid or an earbud. Polinske at col. 5 l. 28 to col. 6 l. 33, FIGs.4A, 4B. The hearing device is fitted with a battery door on a faceplate 107 so that a battery may be inserted and removed at will by the user. Id. The battery door is positioned on a flat surface. Id. Rather than swinging out to the side as with the FairBuds, the door is hinged to swing outwardly from faceplate 107, which forms a relatively flat surface of the hearing device and corresponds to the rear portion of Tu’s housing 611b. Id. See also Figure 3, below.
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Vonlanthen describes a BTE-style hearing aid 1. Vonlanthen at ¶ 26, FIG.1. The bottom portion of the hearing aid’s BTE housing 3 includes a battery compartment 29 that is sealed off to the rest of the hearing aid’s internal components (e.g., electronic unit 27) by a base 30. Id. at ¶ 36, FIG.1. Battery compartment 29 further includes a cover 39 that acts as a cradle for a battery 33. Id. at ¶¶ 37–39, FIGs.1, 3. Vonlanthen describes closing and securing cover 39 over compartment 29 with a hinge 41/43 and snapping latch 46. Id. In this regard, Vonlanthen’s cover 39 opens similarly to the way battery drawer 408 of Polinske opens. Id. Alternatively, Vonlanthen describes closing and securing cover 39 with a conventional bayonet lock that requires pushing the cover in, turning it and locking it. Id. at ¶¶ 36, 43.
The Gahimer reference provides a detailed example of a bayonet connector between two housing portions. Gahimer at ¶ 194, FIGs.18, 21A (depicting and describing a first housing 912A and second housing 912B that respectively include channels 978 and projections 976; the two housings are forced together so that channels 978 receive projections 976; the housings are then rotated relative to each other to friction fix projections 976 in channels 978 just like a bayonet).
Read collectively, Tu, Thomas, Polinske, Vonlanthen and Gahimer provide numerous teachings concerning ways to provide battery power to a wireless hearing device, such as Tu’s earphones 60. Rather than relying strictly on a rechargeable battery that will eventually die, Thomas suggests altering the housing of Tu’s earphone to include a drawer so the battery may be removed and replaced. While Thomas suggests locating a side door, the Polinske reference teaches locating a door in a faceplate region, or a relatively flat portion that faces outwardly from a user’s ear. Thomas teaches forming the battery door as a hinged member and Vonlanthen teaches and suggests alternatively using either a hinged cover/door or a bayonet-style cover/door. Gahimer supplies detailed teachings concerning how to form a bayonet-style connection between two housing members (e.g., a main housing and a door/cover), including the provision of first and second connecting components, such as channels and projections. Applied to Tu, these teachings reasonably suggest modifying Tu’s earphone housing so that its battery 617 may be accessed for easy replacement by a user. For example, since shell 611b corresponds to a faceplate region, Polinske suggests using it as a removable battery cover. Rather than forming it as a pivoting door, Vonlanthen reasonably suggests forming it as a removable cover that cradles the battery and connects to the rest of Tu’s housing via a bayonet-style connection. And Galinthe teaches implementing that connection with cooperating channels and projections located in one of shell 611b and 611a. Consistent with these modifications, the outer surface of the battery drawer/door/cover would act as a driving part for applying a twisting force to lock and unlock the cover from the housing. For example, if one of ordinary skill modified Tu’s shell 611b to act as a removable battery cover component and replaced its notch and the post of shell 611a with bayonet couplings (e.g., a channel or projections), a user would use the outer surface of shell 611b to apply force to engage/disengage the bayonet-style channels and projections.
One of ordinary skill would have reasonably recognized that in making battery 617 replaceable, it would be detrimental to rely on hardwiring between battery 617 and other internal electronics, like speaker 612, since the user would have to resolder the connections. Accordingly, one of ordinary skill would have reasonably thought to modify Tu’s earphone 60 to include a contact configured to make selective connection with a battery 617 and internal electronics. In that regard, at least Vonlanthen’s teachings concerning spring contacts 35 and 37 would have reasonably suggested including similar contacts in Tu’s housing. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 2 depends on claim 1, and further requires the following:
“wherein the housing comprises an inner surface, and the first connecting component is disposed on the inner surface and surrounds the opening.”
The obviousness rejection of claim 1, incorporated herein, shows the obviousness of modifying Tu’s shell 611b to be used as a battery cover that cradles a battery while also being removable connected to shell 611a through a bayonet-style connection. The bayonet-style connection formed by channels on one of the shells and cooperating projections located on the other one of the shells. As suggested by Gahimer, either of the channels or projections would be located on an outer surface while the other connecting element would be located on an inner surface that surrounds an opening to receive a battery. See Gahimer at ¶ 194, FIG.21A (depicting projections 976 on an inner surface of an opening); Tu at FIG.19 (depicting an interlocking connection between shells 611a and 611b at an opening in shell 611a that accommodates battery 617). For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 3 depends on claim 1, and further requires the following:
“wherein the battery component comprises a battery cell and a sidewall surrounding the battery cell, the second connecting component is disposed on an outer surface of the sidewall, and in the first state, the sidewall is covered by the housing.”
The obviousness rejection of claim 1, incorporated herein, shows the obviousness of modifying Tu’s shell 611b to be used as a battery cover that cradles a battery while also being removable connected to shell 611a through a bayonet-style connection. As suggested by Tu and Gahimer, shell 611b would be formed with a sidewall that surrounds Tu’s battery 617. See Tu at FIG.19. The bayonet-style connection would be formed by channels on the sidewalls of one of the shells 611a/611b and cooperating projections located on the other one of the shells. See Gahimer at FIG.21A. From a design perspective, the location of the projections and channels is not material and they may be reversed as a simple design choice. See MPEP § 2144(VI)(A). For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 4 depends on claim 3, and further requires the following:
“wherein the battery cell has a first electrode and a second electrode both oriented towards a same side, and the second electrode surrounds the first electrode.”
The Tu reference does not describe the type of battery used in its earphone and whether it has two electrodes oriented towards a same side. However, that is a known battery configuration that provides for easy insertion and removal in a hearing aid, or other ear-worn device, such as an earphone. See Fu at ¶ 27, FIG.1. This would have reasonably suggested using a similar type of battery in Tu and modifying the spring electrodes taught by Vonlanthen to be coplanar as are the contacts 5 in Fu to make contact with the corresponding coplanar electrodes of the battery. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen, the Gahimer and the Fu references makes obvious all limitations of the claim.
Claim 5 depends on claim 1, and further requires the following:
“wherein the housing comprises a front housing and a rear housing connected to each other, the front housing has a sound cavity outlet, and the rear housing has the opening.”
Similarly Tu’s housing includes a front housing with a sound cavity outlet and a rear housing with an opening as claimed. Tu at FIG.19. See also Figure 2, above. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 6 depends on claim 5, and further requires the following:
“wherein the headset body comprises a partition, disposed between the front housing and the rear housing to separate a first space and a second space, wherein the first space communicates with the sound cavity outlet, the conductive part protrudes from the partition to extend into the second space, and the second space is configured to accommodate the battery component, the first space and the second space being independently and separately disposed.”
The Vonlanthen reference similarly suggests including a partition 29 to divide a battery compartment from other internal components. Vonlanthen at ¶ 36, FIG.1. The partition is further used to mount spring contacts. Id. This suggests further modifying Tu’s housing so that shell 611a includes a partition like the one described by Vonlanthen in order to form a discrete battery compartment that receives the battery and makes electrical contact with the battery without exposing the internal components of the earphone as a user replaces the battery. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 7 depends on claim 5, and further requires the following:
“wherein the rear housing comprises an ear stem part.”
Tu’s housing similarly includes a stem part 620, or ear stem part, connected to ear part 610. Tu at ¶ 142, FIG.14. Stem part 620 connects to a rear portion of ear part 610, suggesting forming Tu’s housing with stem part 620 connected to a rear portion of shell 611a after modifying ear part 610 so that shell 611b is made removable from shell 611a. See id. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Claim 8 depends on claim 1, and further requires the following:
“wherein one of the first connecting component and the second connecting component is a protrusion, and the other one of the first connecting component and the second connecting component is a sliding slot.”
The obviousness rejection of claim 1, incorporated herein, shows the obviousness of modifying Tu’s shell 611b to be used as a battery cover that is removably connected to shell 611a with a bayonet-style connection formed by channels on one of the shells and cooperating projections located on the other one of the shells. For the foregoing reasons, the combination of the Tu, the Thomas, the Polinske reference, the Vonlanthen and the Gahimer references makes obvious all limitations of the claim.
Summary
Claims 1–8 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. §§ 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Additional Citations
The following table lists documents identified as being relevant to the subject matter disclosed and claimed in this Application. This Office action does not rely on the listed documents, but Applicant is advised to consider the references in preparing a reply.
Citation
Relevance
US 2024/0098430
Grips for removing a battery module. See ¶ 54, FIG.2.
US 2019/0028816
Bayonet connector for a battery module. See ¶¶ 63–65, FIGs.5–9.
Table 2
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm.
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/Walter F Briney III/
Walter F Briney IIIPrimary ExaminerArt Unit 2692
7/31/2026
Prosecution Insights