DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The Information Disclosure Statement filed 06/17/2025 was considered. An initialed copy of the Form PTO-1449 is enclosed herewith.
Election/Restrictions
Applicant’s election of Group II, Species A in the reply filed on 04/22/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2-6, 11, 12 and 18-23 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subcombination, there being no allowable generic or linking claim. Claims 9, 10, 16 and 17 were withdrawn as being directed to distinct species (Species C and D). Election was made without traverse in the reply filed on 04/22/2026.
Drawings
The drawings are objected to because of the following informalities:
Figs. 31, 33, 35 and 69: “all drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined.” See MPEP 608.02 V (l). In addition, Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. See MPEP 608.02 V (p) (3). Examiner notes the drawings do not comply with these requirements, particularly with respect to size, color and legibility.
Figs. 70-72: multiple text labels and descriptions are placed upon shaded surfaces and are not plain and legible. See MPEP 608.02 V (p). In addition, Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. See MPEP 608.02 V (p) (3).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Acknowledgements
This Office Action is in response to the claims originally filed on 03/09/2026.
Claims 2-6, 8-12 and 16-23 were withdrawn.
Claims 1, 7 and 13-15 are pending.
Claims 1, 7 and 13-15 were examined.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites “a set of headphones implementing the system of claim 1”. The specification as filed recites, inter alia:
“[0031] In another example, a user utilizes an application executable on a computing device to create a user account via the cloud web portal. The cloud backend is configured to: verify that the wearable device is associated with the user account and confirm a purchase of digital content of the object.
[00142] FIG. 1 and FIG. 3 depict block diagrams of cloud solution architecture of a system. As shown in FIG. 1, the system includes an object 108, a wearable device 104,Internet 106, a cloud backend 110, and a cloud web portal 112. The object 108 includes, but is not limited to, an item or component that is designed in a manner to enhance the commercial or educational appeal of the wearable device 104. The object 108 can be whatever size or shape. In some examples, the object 108 may click or snap on top of the wearable device 104 (e.g., the headphones), and in other examples, the object 108 may not...
[00143] A user 102 (of FIG. 4, FIG. 5, FIG. 6, FIG. 7, FIG. 8, FIG. 9, FIG. 10, FIG. 12, FIG. 13, and FIG. 14) may utilize an application executable on a computing device to engage a cloud web portal 112 (of FIG. 1 and FIG. 3) to create and sign into a user account in the cloud backend 110 (of FIG. 1, FIG. 2, and FIG. 3). In some examples, such interaction may occur via a wireless communication method through the Internet 106 (of FIG. 1 and FIG. 3). Creation of such user account occurs prior to purchase and use of the object 108. The user 102 may also interact with one or more components of the cloud web portal 112, such as an object management component 114, a content management component 116, a user account management component 118, and/or a security and validation component 120, as shown in FIG. 3.
[00262] FIG. 70 illustrates a diagram illustrating a process of device authentication employed by the set of headphones of FIG. 61 in accordance with some embodiments. In FIG. 70, the Device Authentication process begins with the backend server 7000, which manages communications between the application 7002 and the headphones 7004. The user initiates this process by logging into the app 7008, activating User Authentication 7006 to verify their credentials. Upon successful login, the app retrieves the unique Device ID of the headphones 7010 and sends BLE Characteristics to the backend 7012 for identification purposes. The app then transmits the Device ID to the backend 7014, which in turn Assigns the Device to the User 7016, linking it to their account. Following this, the app sends Wi-Fi credentials to the headphones 7018, allowing them to Connect to Wi-Fi 7020. Once connected, the headphones undergo Device Enrollment 7022 to access the system fully. A Key Exchange 7024 is performed to establish a secure connection. Finally, the backend verifies the JSON Web Token (JWT) to process the request 7026, allowing the headphones to make subsequent authorized backend calls 7028.”
Therefore, the specification as filed does not recite a set of headphones implementing the system of claim 1, in which the system of claim 1 comprises a "a user authentication system, comprising: a user account in communication with the security code of the device to authenticate the user account" (Claim 1). According to the specification as filed, the device authentication and user account are recited as part of app 7008 at the backend server 7000. Claim 7, however, requires a set of headphones implementing a system including a user authentication system. This embodiment is not reasonably found in the specification as filed, and would require a set of headphones managing user accounts, which are described in the specification as filed as being managed by a cloud server. For Examination purposes, Examiner adopts the embodiment as disclosed in the specification as filed, in which the user authentication system in the cloud backend 110 is distinct from the object 108 (see Fig. 1 and paragraphs [0142] and [0143]). Therefore, the specification as filed does not provide sufficient written description for the claimed language (see MPEP 2161.01). In other words, the algorithm or steps/procedure taken to perform the function must be described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed.
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 1, 7 and 13-15 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.
Claims 1 and 13 recite the language “the memory responsive to” in lines 21 and 17, respectively. There is insufficient antecedent basis for this language in the claims. Dependent claims 7, 14 and 15 are also rejected since they depend on claims 1 and 13, respectively.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lee et al. (US 2007/0150963 A1), hereinafter Lee, as evidenced by PCMag Encyclopedia (NPL 2020, listed in PTO-892 as reference "U".
With respect to claim 1, Lee teaches a system (MP3 player with digital rights management) comprising:
a security code assigned to a device (see paragraph [0060]: “Personal ID tag field 70 contains a personal ID that is generated by host PC 30 and was previously pre-loaded into MP3 player 32..." Examiner notes the "code" is the personal ID);
a control system comprising: a graphical user interface (GUI) (see Fig. 10, display unit 6, paragraph [0077]: “Electronic data storage medium device 10" can be accessed by external computer 9, and includes card body 1, processing unit 2, memory device 3, audio unit 4, input/output interface circuit 5, display unit 6, power source 7, and function key set 8 as described earlier for FIG. 2.”; paragraph [0090]: “...Display unit 6 shows the operating status of the electronic data storage medium.”);
a user authentication system, comprising: a user account in communication with the security code of the device to authenticate the user account (see paragraph [0067]: “FIGS. 9A-B show account and MP3 player setup, song downloading and playing for a secure digital rights management (DRM) system. The manufacturer of MP3 player 32 pre-loads a unique MP3 player ID 66 into the device, or software on host PC 30 pre-loads this unique MP3 player ID 66 into MP3 player 32. A user connects MP3 player 32 to host PC 30, such as through a USB cable, and activates special application software on host PC 30 that reads unique MP3 player ID 66 from MP3 player 32.”; paragraph [0068]: “The user connects to license server 28 using the software on host PC 30 and establishes an account 120 by sending unique MP3 player ID 66 to license server 28. A user ID, account password, email address, and payment information may be provided by the user. Personal identifier number (PIN) 132 or other acknowledgement number is generated by license server 28 and emailed or otherwise sent to host PC 30. PIN 132 could also be a user-generated password or a validation code.”);
a digital content management system comprising: a database of encrypted digital content, the encrypted digital content is associated with an identifier (see paragraph [0072]: “The number of copies allowed, or other copy rules, are encrypted by copy encryptor 146, which also uses unique MP3 player ID as the encrypting key…");
a digital token assigned to the user account, the digital token to validate access to the encrypted digital content of the device, based on the identifier of the encrypted digital content (see Fig. 9B, unique MP3 player ID, paragraph [0071]: “In FIG. 9B, the song selected by the user is encrypted by song encryptor 142, which uses a title key that is generated by license server 28. The title key is itself encrypted by key encryptor 144, using unique MP3 player ID as the encrypting key. Unique MP3 player ID 66 was obtained from MP3 player 32 during account setup (FIG. 9A) and stored in license server 28.”);
a processor coupled to a power source; and a memory, coupled to the processor to store executable instructions (see Fig. 2, memory device 2, processing unit 3 and paragraph [0028]: “FIG. 2 shows an electronic data storage medium device with audio capability. Electronic data storage medium device 10 has audio capability and can be accessed by external computer 9, and includes card body 1, processing unit 2, memory device 3, audio unit 4, input/output interface circuit 5, display unit 6, power source 7, and function key set 8.”),
the executable instructions to: validate the user account (see account password, function key set 8, paragraph [0068]: “The user connects to license server 28 using the software on host PC 30 and establishes an account 120 by sending unique MP3 player ID 66 to license server 28. A user ID, account password, email address, and payment information may be provided by the user. Personal identifier number (PIN) 132 or other acknowledgement number is generated by license server 28 and emailed or otherwise sent to host PC 30. PIN 132 could also be a user-generated password or a validation code.”; paragraph [0078]: “Processing unit 2 connects to other components and can operate in various modes, such as a programming mode, a data retrieving mode, and a data-resetting mode... Function key set 8 allows the user to input a password that is verified by processing unit 2. Display unit 6 shows the operating status of the electronic data storage medium.” Examiner notes the password is used to validate the user account);
responsive to validation of access to the encrypted digital content of the device, via the digital token, decrypt and decode the encrypted digital content for output of the encrypted digital content to the authenticated user account (see paragraph [0048]: “The audio unit of MP3 player 32 has decryption capability to decrypt the stored encrypted file…" paragraph [0049]: “FIG. 6 shows more detail of encryption and transfer of media files for playing on a MP3 player. Encryption engine 33 generates encrypted media content using a content key. The encrypted media content can safely be sent over public networks to host PC 30 and then transferred to flash memory 42 on MP3 player 32. Flash memory 42 stores media as encrypted content. The encrypted media content is not decrypted until playback, when decryption engine 46 uses a recovered content key K2 to unlock the audio content, which is sent as playable audio to MP3 decoder 38. MP3 decoder 38 generates audio sounds from the MP3 content in the song file, which may be heard by a user through headphones 39.”); and download and store the decrypted digital content to the memory responsive to when the user account is authenticated (see paragraph [0050]: “…the playable audio is streamed to MP3 decoder 38 from decryption engine 46 with only temporary buffering such as by a FIFO…" Examiner notes "buffering" is known by a person of ordinary skill in the art as "Preloading data into a reserved area of memory (the buffer). In streaming audio or video from the Internet, buffering refers to downloading a certain amount of data before starting to play the music or movie." Examiner notes the buffer is the "memory responsive to". See, for instance, "buffering" - PCMag Encyclopedia (NPL 2020, listed in PTO-892 as reference "U")).
With respect to the BRI of the claim, Examiner notes that claim 1 recites “responsive to validation of access to the encrypted digital content of the device, via the digital token, decrypt and decode”; “download and store the decrypted digital content to the memory responsive to when the user account is authenticated” , language directed to contingent limitations. Examiner notes that while the claim recites “a digital token assigned to the user account, the digital token to validate access to the encrypted digital content of the device, based on the identifier of the encrypted digital content”, this is the intended use of the digital token, and no function of “validating access to the encrypted digital content of the device” is required by the claim. Similarly, the claim recites “a user account in communication with the security code of the device to authenticate the user account”, which is also the intended use of the user account, however, no authentication is required by the claimed system. The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) (precedential) for an analysis of contingent claim limitations in the context of both method claims and system claims. See also MPEP 2111.04.
Claims 7 and 13-15 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lee (US 2007/0150963 A1), as evidenced by PCMag Encyclopedia (NPL 2020, listed in PTO-892 as reference "U"), in view of Groesch et al. (US 2009/0323975 A1), hereinafter Groesch, and in view of Kos et al. (US 2022/0276726 A1), hereinafter Kos.
With respect to claim 7, Lee et al. teaches all the subject matter of the system as described above with respect to claim 1. Lee et al. does not explicitly teach a set of headphones implementing the system of claim 1, wherein the set of headphones comprising: a headband; a first ear cup connected to a first end of the headband; a second ear cup connected to a second end of the headband; the GUI disposed at the first ear cup; a rotatable bezel connected to the first ear cup; a first ear pad connected to the first ear cup; and a second ear pad connected to the second ear cup.
However, Groesch discloses a set of headphones (Headphones with embeddable accessories including a personal media player) implementing the system of claim 1, wherein the set of headphones comprising:
a headband (see Fig. 6, paragraph [0030]: “FIG. 6 shows one illustrative example of an accessory 214.sub.1 that is embedded in the headphones 105 worn by a user 605. The accessory 214.sub.1 is a personal media player that is configured to render media content such as audio, images, and video that the player has stored or which it can access. When the personal media player 214.sub.1 is embedded, audio content from the player may be rendered by the headphones 105. This arrangement provides a neat and convenient package for the user 605 because wires that are normally utilized to connect the personal media player to the headphones are not necessary.”);
a first ear cup connected to a first end of the headband; a second ear cup connected to a second end of the headband (see Fig. 6, left and right ear cups);
the GUI disposed at the first ear cup (see Fig. 6, personal media player 214, GUI 839, paragraph [0059]: “The data port system 1724 is also functionally coupled to the digital media processing system 1702 and provides a mechanism by which the personal media player 214.sub.1 can interface with external systems in order to download media content..."; Fig. 8, GUI 839, Display screen 842, paragraph [0064]: “The display screen 218 is associated with a video graphics controller 1834. The video graphics controller will typically use a mix of software, firmware, and/or hardware, as is known in the art, to implement the GUI 839 on the display screen 842...”); and
a first ear pad connected to the first ear cup; and a second ear pad connected to the second ear cup (see Fig. 6, left and right ear pads in black).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the headphones with integrated accessory as disclosed by Groesch in the system of Lee, the motivation being to physically and functionally embed the accessory so that its functionality becomes seamlessly integrated with operation of the headphones and avoid the need of needing wires to connect the devices (see Groesch, paragraphs [0005] and [0030]).
Although Groesch discloses user controls, such as "controls 1503 that are located on the speaker enclosures 112 and an optionally implemented detachable boom microphone 1510. The user controls 1503 are located towards the bottom of the enclosures 112 in this example, but may also be located in other positions as well to suit the particular needs of a given implementation. The user controls 1503 will typically be configured with unique features, such as raised portions, bumps, ridges, indentations, etc., so that each control can be identified by touch. In this way, the user 605 can operate the headphones 105 while they are being worn, as shown in FIG. 16.” (see Fig. 16, paragraph [0050]), the combination of Lee and Groesch does not explicitly disclose a system comprising a rotatable bezel connected to the first ear cup.
However, Kos discloses a system (Dynamically providing perceptible feedback for a rotary control component) comprising:
a rotatable bezel connected to the first ear cup (see paragraph [0029]: “The electronic device 120 is a headphone. The headphone comprises two speakers 122 and 124, and two dials 126 and 128 installed on the two speakers respectively. The dials 126 and 128 are used as rotary control components for controlling operating state of the headphone. For example, the dial 126 may be rotated to control volume of the headphone, and the dial 128 may be rotated to change sound modes of the headphone.”; paragraph [0136]: “In an implementation, the rotary control component may be a dial or a wheel.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the rotary control component as disclosed by Kos in the system of Lee, the motivation being to dynamically provide perceptible feedback (see Kos, paragraph [0026]).
With respect to claim 13, Lee teaches a near-ear audio system (Mp3 player with digital rights management) comprising:
a control system comprising: a graphical user interface (GUI)… (see Fig. 10, display unit 6, paragraph [0077]: “Electronic data storage medium device 10" can be accessed by external computer 9, and includes card body 1, processing unit 2, memory device 3, audio unit 4, input/output interface circuit 5, display unit 6, power source 7, and function key set 8 as described earlier for FIG. 2.”; paragraph [0090]: “...Display unit 6 shows the operating status of the electronic data storage medium”);
a digital content management system comprising: a database of encrypted digital content (see paragraph [0072]: “The number of copies allowed, or other copy rules, are encrypted by copy encryptor 146, which also uses unique MP3 player ID as the encrypting key…");
a user authentication system (see paragraph [0067]: “FIGS. 9A-B show account and MP3 player setup, song downloading and playing for a secure digital rights management (DRM) system. The manufacturer of MP3 player 32 pre-loads a unique MP3 player ID 66 into the device, or software on host PC 30 pre-loads this unique MP3 player ID 66 into MP3 player 32. A user connects MP3 player 32 to host PC 30, such as through a USB cable, and activates special application software on host PC 30 that reads unique MP3 player ID 66 from MP3 player 32.”; paragraph [0068]: “The user connects to license server 28 using the software on host PC 30 and establishes an account 120 by sending unique MP3 player ID 66 to license server 28. A user ID, account password, email address, and payment information may be provided by the user. Personal identifier number (PIN) 132 or other acknowledgement number is generated by license server 28 and emailed or otherwise sent to host PC 30. PIN 132 could also be a user-generated password or a validation code.”);
a processor coupled to a power source; and a memory, coupled to the processor to store executable instructions (see Fig. 2, memory device 2, processing unit 3 and paragraph [0028]: “FIG. 2 shows an electronic data storage medium device with audio capability. Electronic data storage medium device 10 has audio capability and can be accessed by external computer 9, and includes card body 1, processing unit 2, memory device 3, audio unit 4, input/output interface circuit 5, display unit 6, power source 7, and function key set 8.”),
the executable instructions to: validate the user account (see account password, function key set 8, paragraph [0068]: “The user connects to license server 28 using the software on host PC 30 and establishes an account 120 by sending unique MP3 player ID 66 to license server 28. A user ID, account password, email address, and payment information may be provided by the user. Personal identifier number (PIN) 132 or other acknowledgement number is generated by license server 28 and emailed or otherwise sent to host PC 30. PIN 132 could also be a user-generated password or a validation code.”; paragraph [0078]: “Processing unit 2 connects to other components and can operate in various modes, such as a programming mode, a data retrieving mode, and a data-resetting mode... Function key set 8 allows the user to input a password that is verified by processing unit 2. Display unit 6 shows the operating status of the electronic data storage medium.”);
instructions to download and store the digital content to the memory responsive to when the user is authenticated (see paragraph [0050]: “…the playable audio is streamed to MP3 decoder 38 from decryption engine 46 with only temporary buffering such as by a FIFO…" Examiner notes "buffering" is known by a person of ordinary skill in the art as "Preloading data into a reserved area of memory (the buffer). In streaming audio or video from the Internet, buffering refers to downloading a certain amount of data before starting to play the music or movie." Examiner notes the buffer is the "memory responsive to". See, for instance, "buffering" - PCMag Encyclopedia (NPL 2020, listed in PTO-892 as reference "U")).
instructions to decrypt and decode the digital content for output of the digital content, via the near-ear audio system, to an authenticated user (see paragraph [0048]: “The audio unit of MP3 player 32 has decryption capability to decrypt the stored encrypted file…" paragraph [0049]: “FIG. 6 shows more detail of encryption and transfer of media files for playing on a MP3 player. Encryption engine 33 generates encrypted media content using a content key. The encrypted media content can safely be sent over public networks to host PC 30 and then transferred to flash memory 42 on MP3 player 32. Flash memory 42 stores media as encrypted content. The encrypted media content is not decrypted until playback, when decryption engine 46 uses a recovered content key K2 to unlock the audio content, which is sent as playable audio to MP3 decoder 38. MP3 decoder 38 generates audio sounds from the MP3 content in the song file, which may be heard by a user through headphones 39.”).
Lee does not explicitly disclose a system comprising: a headband; a first ear cup connected to a first end of the headband; a second ear cup connected to a second end of the headband; the (GUI) is disposed at the first ear cup. a rotatable bezel connected to the first ear cup; and a rotary encoder coupled to the rotatable bezel.
However, Groesch discloses a system (Headphones with embeddable accessories including a personal media player) comprising:
a headband (see Fig. 6, paragraph [0030]: “FIG. 6 shows one illustrative example of an accessory 214.sub.1 that is embedded in the headphones 105 worn by a user 605. The accessory 214.sub.1 is a personal media player that is configured to render media content such as audio, images, and video that the player has stored or which it can access. When the personal media player 214.sub.1 is embedded, audio content from the player may be rendered by the headphones 105. This arrangement provides a neat and convenient package for the user 605 because wires that are normally utilized to connect the personal media player to the headphones are not necessary.”);
a first ear cup connected to a first end of the headband; a second ear cup connected to a second end of the headband (see Fig. 6, left and right ear cups); the (GUI) is disposed at the first ear cup (see Fig. 6, personal media player 214, GUI 839, paragraph [0059]: “The data port system 1724 is also functionally coupled to the digital media processing system 1702 and provides a mechanism by which the personal media player 214.sub.1 can interface with external systems in order to download media content..."; Fig. 8, GUI 839, Display screen 842, paragraph [0064]: “The display screen 218 is associated with a video graphics controller 1834. The video graphics controller will typically use a mix of software, firmware, and/or hardware, as is known in the art, to implement the GUI 839 on the display screen 842...”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the headphones with integrated accessory as disclosed by Groesch in the system of Lee, the motivation being to physically and functionally embed the accessory so that its functionality becomes seamlessly integrated with operation of the headphones and avoid the need of needing wires to connect the devices (see Groesch, paragraphs [0005] and [0030]).
Although Groesch discloses user controls, such as "controls 1503 that are located on the speaker enclosures 112 and an optionally implemented detachable boom microphone 1510. The user controls 1503 are located towards the bottom of the enclosures 112 in this example, but may also be located in other positions as well to suit the particular needs of a given implementation. The user controls 1503 will typically be configured with unique features, such as raised portions, bumps, ridges, indentations, etc., so that each control can be identified by touch. In this way, the user 605 can operate the headphones 105 while they are being worn, as shown in FIG. 16.” (see Fig. 16, paragraph [0050]), the combination of Lee and Groesch does not explicitly disclose a system comprising: a rotatable bezel connected to the first ear cup; and a rotary encoder coupled to the rotatable bezel.
However, Kos discloses a system (Dynamically providing perceptible feedback for a rotary control component) comprising:
a rotatable bezel connected to the first ear cup (see paragraph [0029]: “The electronic device 120 is a headphone. The headphone comprises two speakers 122 and 124, and two dials 126 and 128 installed on the two speakers respectively. The dials 126 and 128 are used as rotary control components for controlling operating state of the headphone. For example, the dial 126 may be rotated to control volume of the headphone, and the dial 128 may be rotated to change sound modes of the headphone.”; paragraph [0136]: “In an implementation, the rotary control component may be a dial or a wheel.”; ); and a rotary encoder coupled to the rotatable bezel (see Fig. 4, rotary control component 410, paragraph [0039]: “...When detecting a rotation operation occurred on the rotary control component 410, an initial value of the rotary control component 410 prior to the rotation operation may be synchronized with a software control value of the electronic device set through the software control module 420. For example, if the current software control value is “55” as indicated by a scroll bar 422 in the software control module 420, the initial value of the rotary control component 410 may also be set as “55”. Based on this initial value, the limit value positions, e.g., maximum volume position 412 and minimum volume position 414, may be further determined. Since the initial value may be changed over time, the limit value positions 412 and 414 would be determined dynamically”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the rotary control component as disclosed by Kos in the system of Lee and Groesch, the motivation being to dynamically provide perceptible feedback (see Kos, paragraph [0026]).
With respect to claim 14, the combination of Lee, Groesch and Kos teaches all the subject matter of the system as described above with respect to claim 13. Furthermore, Kos discloses a system wherein the rotatable bezel has a substantially central opening, (see paragraph [0136]: “In an implementation, the rotary control component may be a dial or a wheel.”);
Groesch further teach a system the GUI is located in the substantially central opening of the rotatable bezel (see Fig. 6, personal media player 214, paragraph [0059]: “The data port system 1724 is also functionally coupled to the digital media processing system 1702 and provides a mechanism by which the personal media player 214.sub.1 can interface with external systems in order to download media content..."; Fig. 8, GUI 839, paragraph [0064]: “The display screen 218 is associated with a video graphics controller 1834. The video graphics controller will typically use a mix of software, firmware, and/or hardware, as is known in the art, to implement the GUI 839 on the display screen 842. Along with the earphone jack 712 and its associated audio controller/codec 1839, these components comprise the display unit system 1713 and may be directly or indirectly connected to the other physical components via the system bus 2130.”). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claim 15, the combination of Lee, Groesch and Kos teaches all the subject matter of the system as described above with respect to claim 13. Furthermore, Kos discloses a system wherein the rotatable bezel has one or more protrusion structures configured to be gripped by the user during rotation of the rotatable bezel (see Fig.12, paragraph [0104]: “FIG. 12 illustrates exemplary bump-based detent feedback mechanism according to an embodiment. The detent feedback mechanism in FIG. 12 is implemented through a moving detent changer. The moving detent changer comprises: a moving bump unit 1212, which is placed outside a rotatory control component 1200 and is movable in a radial direction of the rotatory control component 1200; a total of 16 fixed bump units 1214 installed in the rotatory control component 1200; and a push spring 1216, connected to the moving bump unit 1212 for providing spring force for the moving bump unit 1212...").
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Patent Literature
Andren et al. (US 2008/0049562 A1) disclose rocking bezel control, including a rocking bezel control for controlling the operation of a portable electronic device, such as a digital music player.
Pong et al. (US 10,433,044 B2) disclose headphones with interactive display, including a display operative to output visual contents according to interaction with a user.
Buskop (US 2006/0225188 A1) discloses ski goggles with digital music player, including ski goggles for adults or children with an integrated digital music player and earphones.
Chen et al. (US 2014/0192994 A1) disclose noise cancelling headphone, including an audio player provided on the headphone body.
Leopardi et al. (US 2017/0070502 A1) disclose method and system for device dependent encryption and/or decryption of music content, including encryption/decryption for device dependent listening of audio content.
Garcia et al. (US 2018/0020280 A1) disclose headphone system and method, including audio memory storage to allow a user to download and store audio files upon headphone system for future playback.
Shum et al. (US 2023/0228441 A1) disclose thermostat with detachable dial control, including a dial interface coupled to the outer ring of a device comprising a GUI substantially centered.
Ginter et al. (US 5,892,900 A) disclose systems and methods for secure transaction management and electronic rights protection, including licensing and bootstrap mechanisms.
Nohr et al. (US 9,277,310 B1) disclose audio playback system, including headphone apparatus comprising a digital display device.
Welti et al. (US 9,933,995 B2) disclose headphones with integral image display, including headphones including a display screen arranged on an outward-facing surface of the earpiece housing.
Voaden et al. (WO 2020225765 A1) disclose a headphone system with a visual display, including headphones having at least one loudspeaker and at least one display screen on the outside of the headphones.
Raussi et al. (WO 2021155902 A1) disclose magnetic sensing for true wireless stereo headset control knob, including an earphone device comprising: a housing; a dial rotatably attached to the housing, the dial being disk-shaped and comprising at least one magnetized portion and at least one non-magnetized portion; and at least one magnetic sensor arranged in the housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO D CASTILHO whose telephone number is (571)270-1592. The examiner can normally be reached Mon-Fri 8-5.
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/EDUARDO CASTILHO/Primary Examiner, Art Unit 3698
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