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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 2/21/25 has been considered.
Drawings
The drawings filed 2/21/05 are acceptable to the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: A RECONFIGURABLE SPEAKER MODULE THAT CAN BE USED IN EITHER AN EARBUD OR IN-EAR RARPHONE BY AN ADJUSTABLE DRIVER CIRCUIT
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.
Claim(s) 1, 35, 37 and 49-50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohammadi et al. (US 2019/0297408 A1).
Re claim 1: Mohammadi et al teaches a speaker module, comprising:
a speaker element (24); and
an interface (such as data ports, paragraph [0024] for receiving audio (paragraph [0026], supplies audio to the earbuds;
a configurable driver circuit (20B) configured to drive the speaker element based on audio provided from the interface; and
a configuration circuit (20A) operatively connected to the configurable driver circuit (see figure 1), wherein the configurable driver circuit is configured to operate at a first configuration (out-of-ear state) responsive to the configuration circuit indicating a first state (i) of the speaker module and at a second configuration (in-ear state) responsive to the configuration circuit indicating a second state (ii) of the speaker module, wherein the first state is an earbud state (out-of-ear earbud state), and the second state is an in-ear (in-the-ear earbud state) .
Re claim 35: See teaching in paragraphs [0019] and [0026] along with figure 1 teaching the use of wireless communication interface (28) between a source (14) and a remote speaker module (within remote earbud (10)
Re claim 37: note the housing for the speaker module (figures 2-4) is and earbud, see abstract
Re claim 49: This claim sets forth in method form the operation of these features as discussed above with respect to claim 1 and therefore these features are taught by the operation of those elements of Mohammadi et al. as discussed above. Additionally claim 49 sets forth a sensor circuit used the state of the speaker module. This feature is taught by the group of electrodes (42) that determines if the ear bud is in the user’s ear or not, paragraph [0031]
Re claim 50: note that data from sensors (42) are used fine tune the configurable driver circuit (see figure 1)
Claim(s) 1, 30, 31, 33, 37-47, 49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (WO 2022/088721 A1) cited by applicant.
Re claim 1: Yang et al. teaches a speaker module, comprising:
a speaker element (figure 1, element 100 with a speaker that is arranged in main body (110) of the earphone); and
an interface for receiving audio (figure 1, control module (111) that receives an electrical signal from a media player to convert into an audible sound for the user);
a configurable driver circuit (figure 1, element (112) used to detect the wearing mode of the headphone) configured to drive the speaker element based on audio provided from the interface; and
a configuration circuit (combination of elements (110, when used with 120, 130, 131)) operatively connected to the configurable driver circuit, wherein the configurable driver circuit is configured to operate at a first configuration responsive to the configuration circuit indicating a first state (i) of the speaker module and at a second configuration responsive to the configuration circuit indicating a second state (ii) of the speaker module, wherein the first state (i) is an earbud state-(i), and the second state (ii) is an in-ear (ii); note in the arrangement of figure 1-3 two distinct earplug modules can be attached to the main body corresponding to the first and second configurations, which when (120) being connected provides a semi in-ear earplug operating as an earbud ,state (i)) as set forth and when (130) is connected provides an in-ear earplug operating as an earphone ,state (ii) as set forth.
Re claims 38 and 41: Yang et al. teaches a reconfigurable earbud earphone /in-ear earphone comprising:
a speaker module comprising a speaker element, (figure 1, element 100 with a speaker that is arranged in main body (110) of the earphone); an interface for receiving audio (figure 1, control module (111) that receives an electrical signal from a media player to convert into an audible sound for the user), a configurable driver circuit configured to drive the speaker element based on audio provided from the interface (figure 1, element (112) used to detect the wearing mode of the headphone), and a configuration circuit operatively connected to the configurable driver circuit (combination of elements (110, when used with 120, 130, 131)); and
a removable earbud attachment element (130, 120), figures 2 and 3, and
wherein the configurable driver circuit is configured to operate at a first configuration responsive to the configuration circuit indicating a first state of the speaker module and at a second configuration responsive to the configuration circuit indicating a second state/first state of the speaker module, wherein the first state is an earbud state, and the second state is an in-ear state, note in the arrangement of figure 1-3 two distinct earplug modules can be attached to the main body corresponding to the first and second configurations, which when (120) being connected provides a semi in-ear earplug operating as an earbud state and when (130) is connected provides an in-ear earplug operating as an earphone state
wherein the removable earbud attachment element is configured to, when used, engage the configuration circuit and the configuration circuit is configured to indicate that the speaker module is at the first state/second state responsive to engagement by the removable earbud attachment element /removeable in-ear attachment element (note use of sensing element (131) and groove (132) along with bump (114) used to determine which of the first and second earplugs (120 or 130) is attached and therefor the speaker module state of use).
Re claim 49: Yang et al. teaches a method for reconfiguration of a speaker module, the speaker module comprising a speaker element (figure 1, element 100 with a speaker that is arranged in main body (110) of the earphone), an interface for receiving audio (figure 1, control module (111) that receives an electrical signal from a media player to convert into an audible sound for the user), a configurable driver circuit configured to drive the speaker element based on audio provided from the interface (figure 1, element (112) used to detect the wearing mode of the headphone) and a configuration circuit operatively connected to the configurable driver circuit(combination of elements (110, when used with 120, 130, 131)), the method comprising:
determining, by means of a sensor circuit of the configuration circuit, a state of the speaker module (note operation of sensing element (131) and groove (132) along with bump (114) used to determine which of the first and second earplugs (120 or 130) is attached and therefor the speaker module state of use);
configuring the speaker module at a first configuration responsive to the determined state being a first state (such as a semi-in-ear earplug state); and
configuring the speaker module at a second configuration responsive to the determined state being a second state (such as an in-ear earplug state), wherein the first state is an earbud state, and the second state is an in-ear state (note the earbud state taught corresponds to the semi-in-ear state; and the in-ear state is as taught corresponds to the in-ear state).
Re claim 46: See figures 2-3 when used with figure 1 provides a modular speaker system that includes a removeable in-ear attachment (120) capable of being inserted into an ear at the second state
Re claim 30, 31 and 33: note that part of the configuration circuit includes a sensing element that detects the state of the speaker module and satisfies as set forth in claim 31 an electro-mechanical element and a proximity sensing element set forth in claim 33.
Re claims 37, 43: note the speaker module (figures 2-3) which includes the speaker element is disclosed as an earphone (see abstract); where the word earphone has several other synonyms by definition including earbud as set forth.
Re claims 39, 42: as seen from figures 2-3 there is at least one opening in the housing allowing audio to pass through with reconfigurable features by the use of (120) or (130) providing a resonance chamber as set forth
Re claims 40, 44-45 and 47: note use of sensing elements (112, 131) and protusion/groove arrangement between (114 and 132) used to indicate each of the state configuration, including a second state (claim 40) and first state (claims 44, 45 and 47) as set forth and used in conjunction with the configuration circuit (claims 45 and 47) as set forth
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) 32, 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. in view of Seiden (US 11,503,398 B2)
Re claim 32: The teaching of Yang et al. is discussed above and incorporated herein. Also note that the sensing element used can include other types of sensing elements and is not limited to a Hall sensor. Seiden teaches in a similar environment that electro-acoustic elements such as microphone (36) can be used to determine if a speaker module (earbud) is in-ear or out-of ear (column 2, lines 31-52). It would have been obvious to one of ordinary skill in the art before the filing of the invention to replace the Hall sensor arrangement as taught by Yang et al. with an electro-acoustic sensing element as taught by Seiden to predictably provide an alternative arrangement for determining a state of speaker module (in-ear or out-of-ear). Therefor the claimed subject matter would have been obvious before the filing of the invention.
Re claim 36: The teaching of Yang et al. is discussed above and incorporated herein. Yang et al. does not teach the use of microphone(s) for active noise cancellation. Seiden teaches in a similar environment that microphone(s) can be included into a speaker module (see figure 1) for active noise cancellation, i.e. ANC; See column 2, lines 31-50. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate a microphone(s) as taught by Seiden into the module of Yang to predictably provide feedback audio used for active noise cancellation. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammadi et al. in view of Seiden.
Re claim 36: The teaching of Mohammadi et al. is discussed above and incorporated herein. Mohammadi et al. does not teach the use of microphone(s) for active noise cancellation. Seiden teaches in a similar environment that microphone(s) can be included into a speaker module (see figure 1) for active noise cancellation, i.e. ANC; See column 2, lines 31-50. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate a microphone(s) as taught by Seiden into the module of Mohammadi et al. to predictably provide feedback audio used for active noise cancellation. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. in view of Muthuswamy et al. (US 2019/0260111 A1).
Re claim 48: The teaching of Yang et al. is discussed above and incorporated herein. Yang et al. does not teach that the modular system can operate as a true wireless stereo system. Muthuswamy et al. teaches in a similar environment that earbuds (102) and (104) can communicate wirelessly using True Wireless Stereo architecture (paragraph [0024] thereby providing an audio to each earbud with communications between the earbuds and an audio source. It would have been obvious to one of ordinary skill in the art prior to the filing of the claimed invention to incorporate this teaching of Muthuswamy et al. into the arrangement of Yang et al. to predictably provide earbuds that can communicate wirelessly using True Wireless Stereo architecture. Therefor the claimed subject matter would have been obvious before the fling of the invention.
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. in view of Lafon de Mazieres et al. (US 8,891,798 B1)
Re claim 51: The teaching of Yang et al. is discussed above and incorporated herein. Yang et al. does not teach to use a processing circuit along with a medium that stores instructions for operations of a speaker module. Lafon de Mazieres et al. teaches in a similar environment that a processing circuit (702) along with a medium (704) that stores instructions (column 13, lines 15-52) for control of operations of a speaker module. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate a processing circuit, memory with instructions as taught by Laffon de Mazieres et al. into the arrangement of Yang et al. to predictably provide a processor control of audio that is provided to the speaker module in Yang et al. Therefor the claimed subject matter would have been obvious to a skilled artisan before the filing of the invention.
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammadi et al. in view of Laffon de Mazieres et al. (US 8,891,798 B1).
Re claim 51: The teaching of Mohammadi et al. is discussed above and incorporated herein. Mohammadi et al. does not teach to use a processing circuit along with a medium that stores instructions for operations of a speaker module. Lafon de Mazieres et al. teaches in a similar environment that a processing circuit (702) along with a medium (704) that stores instructions (column 13, lines 15-52) for control of operations of a speaker module. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate a processing circuit, memory with instructions as taught by Laffon de Mazieres et al. into the arrangement of Mohammadi et al. to predictably provide a processor control of audio that is provided to the speaker module in Mohammadi et al. Therefor the claimed subject matter would have been obvious to a skilled artisan before the filing of the invention.
Allowable Subject Matter
Claim 34 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The claimed speaker module including in combination those features of claim 1, wherein the configuration circuit comprises a user-operable switch element operable in at least one of a first setting and a second setting, wherein the configuration circuit is configured to indicate the first state responsive to the user-operable switch element being set to the first setting and to indicate the second state responsive to the user-operable switch element being set to the second setting as set forth in claim 34 is neither taught by nor an obvious variation of the art of record.
Conclusion
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/ANDREW SNIEZEK/Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 7/27/26
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