PATENT APPLICATION FEE DETERMINATION RECORD
`Substitute for Form PTO-875
`
`Application or Docket Number
`16/182,927
`
`APPLICATION AS FILED - PART |
`(Column4)
`(Column 2)
`NUMBER FILED
`NUMBER EXTRA
`
`SMALL ENTITY
`RATE(S)
`FEE($)
`
`OTHER THAN
`SMALL ENTITY
`RATE(S)
`FEE(S)
`
`[bh on (ey)
`(a7 CFR 1 iia),
`SEARCH FEE
`(37 GFR 1 160K),
`(i), or (mp
`
`(a7 CFR 1 16(a), (pb. or (gh)
`TOTAL CLAIMS
`INDEPENDENT CLAIMS
`
`m1
`
`fowo o
`
`Z)/zZ\<>)>|>
`
`o a
`
`lTihe specification and drawings exceed 100
`APPLICATION SIZE|sheets of paper, the application size fee due is
`FEE
`$310 ($155 for small entity) tor each additional
`(27 CFR 1.1 6(s})
`50 sheets or fraction thereot, See 35 U.S.C.
`44(a}(1)(G) and 37 CFR 1.16(s).
`MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 7.16(j))
`
`“Whe difference in column 1 1s less-than zero, enter "0" in column 2
`
`APPLICATION AS AMENDED - PART II
`
`The *Highes! Number Previauely Paid For’ (Total or Independent) is the highest found in tne appropriate box in column|
`
`is less than (he entry in column 2, white “0” in column 3.
`* [he entry in column 4
`* fhe “Highest Number Previously Paid For" IN THIS SPACE ts Jess than 20, enter "20"
`*
`ifthe "Kighest Number Previously Paid For’ IN THIS SPACE is less than.d, enter "3"
`
`AMENDMENTA
`
`AMENDMENTB
`
`(Column ty
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Golumn 2)
`HIGHEST
`NUMBER.
`PREVIOUSLY
`PAID FOR
`
`(Column 3)
`PRESENT
`
`SMALL ENTITY
`ADDITIONAL
`FEE\S)
`
`RATE(S)
`
`OTHER THAN
`SMALL ENTITY
`ADDITIONAL
`FEE(S)
`
`RATEIS)
`
`7 CFR I
`Indepandent
`(a7 GFR 1 16h
`
`Application Size Fee (37 GFA | 16isi)
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (a7 CFR 4 1Sij))
`
`sont FEE
`
`TOTAL
`ADD'L FEE
`
`(Column ||
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(GSolumn 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`(Solum3)
`
`PRESENT
`“TI
`
`‘oy
`
`ADDITIONAL
`FEE(S)
`
`RATES)
`
`ADDITIONAL
`FEE(S)
`
`indepsanaent
`(O7 GFR | lath
`
`ADD'L FEE
`
`Exhibit 1002 - p. 337
`Exhibit 1002 - p. 337
`
`

`

`UNITED STATES TREPARTMENT OF COMMEROE
`United Sta
`vt aod Trademark Cte
`Adiitve, (JM.
`Hh POR PATENTS
`Pt
`
`FIRST NAMED APPLICANT
`ATTY. DOCKET NO.TTTLE
`
` 4 2203-1440
`
`Michacl J. Koss
`
`O80188PCTUSCON9
`CONFIRMATION NO. 2160
`PUBLICATION NOTICE
`
`MLLNg
`
`Unrrep Stares Parent AND TRADEMARK OFFIGE
`
`
`
`APPLICATION NUMBER
`
`FILINGOR 371(C) DATS
`
`16/182,927
`
`1/07/2018
`
`26285
`K&L GATES LLP-Pittsburgh
`PO SIKTH AVENUE
`
`PITTSBURGH, PA 15222-2613
`
`Title: SYSTEM WITH WIRELESS EARPHONES
`
`Publication No.US-2019-0075390-A1
`Publication Date:03/07/2019
`
`NOTICE OF PUBLICATION OF APPLICATION
`
`The above-identified application will be electronically published as a patent application publication pursuant to 37
`CFR 1.211, et seq. The patent application publication number and publication date are set forth above.
`
`The publication may be accessed through the USPTO’s publically available Searchable Databases via the
`Internet at www.uspto.gov. The direct link to access the publication is currently http://www.uspto.gov/paltt/.
`
`The publication process established by the Office does not provide for mailing a copy of the publication to
`applicant. A copy of the publication may be obtained from the Office upon paymentof the appropriate fee set
`forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's
`Public Records Division. The Public Records Division can be reached by telephone at (571) 272-3150 or (800)
`972-6382, by facsimile at (571) 273-3250, by mail addressed to the United States Patent and Trademark Office.
`Public Records Division, Alexandria, VA 22313-1450 or via the Internet.
`
`In addition, information on the status of the application, including the mailing date of Otfice actions and
`the dates of receipt of correspondencefiled in the Office, may also be accessed via the Internet through
`the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application
`Information and Retrieval (PAIR) system. The direct link to access this status information is currently
`hitps://portal.uspto.gov/pair/PublicPair. Prior to publication, such status information is confidential and may only
`be obtained by applicant using the private side of PAIR.
`
`Further assistancein electronically accessing the publication, or about PAIR, is available by calling the Patent
`Electronic Business Center at 1-866-217-9197,
`
`Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`page 1 of 1
`
`Exhibit 1002 - p. 338
`Exhibit 1002 - p. 338
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENTOF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO Bow 145th
`Atexandria, Virounin 22514 | 456
`Wee apatee presy
`
`CONFIRMATION NO,
`
`APPLICATIONNO.
`
`L6V/182.927
`
`MLING DATE
`
`11/07/2018
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NQ,
`
`Michael J. Koss
`
`O8O188PCTUSCONY
`
`2160)
`
`K&L GATES LLP-Pittsburgh
`210 SIXTH AVENUE
`PITTSBURGH, PA 15222-2613
`
`DOAN, KIETM
`
` ART UNIT
`
`PAPER NUMBER
`
`Dhl
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`O4/1 1/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply. if any, is set in the atlached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`USpatentmail @Klgates.com
`
`PTOL-9UA (Rev 04/07)
`
`Exhibit 1002 - p. 339
`Exhibit 1002 - p. 339
`
`

`

`Office Action Summary
`
`Application No.
`16/182,927
`Examiner
`KIET M DOAN
`
`Applicant(s)
`Koss etal.
`Art Unit
`2641
`
`AIA (FITF) Status
`No
`
`~ The MAILING DATE ofthis communication appears on the cover sheet with the correspondence adaress —
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1,136(a). In no event, however, may a reply be timely tiled after SIX (6) MONTHS from the matlina
`date of this communication,
`|FNO period for reply is specified above, {he maximumstatutory period will apply and will expire SIX (6) MONTHS from (he mailing date of [his communication
`Failure to reply within the set or extended period for reply will, by statule, cause the application lo become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later (han three months after (he mailing date of (his communication, even if timely filed, may reduce any earned patent term
`adjusiment. See 37 CFR 1-704(b).
`
`-
`
`Status
`
`1) Responsive to communication(s)filed on 11/07/2018.
`(1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)L_) This action is FINAL. 2b)lv]This action is non-final.
`3)C An election was made by the applicant in responseto a restriction requirementset forth during the interview on
`___} the restriction requirement and election have been incorporated into this action.
`4)1 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under 4xparte Quayle, 1935 C.D. 11, 453 0.G, 213.
`
`
`
`Disposition of Claims*
`2-15 is/are pending in the application,
`5)
`Claim(s)
`5a) Of the above claim(s)__ is/are withdrawn from consideration.
`6) LJ Claimis)__ is/are allowed.
`7)
`Claim(s) 2-15 is/are rejected.
`8)
`[) Claim(s) _is/are objected to
`9)
`[J Claim(s)__ are subjectto restriction and/or election requirement
`“lf any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information. please see
`
`http.//www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11)] The drawing(s)filed on 11/07/2018 is/are: a)[¥) accepted or b){_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction ts required if |he drawing(s) is objected lo. See 37 CFR 1.121(d)
`
`Priority under 35 U.S.C. § 119
`12)(] Acknowledgment Is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f)
`Certified copies:
`_—_c)L) Noneofthe:
`b)L] Some*™*
`a)Z) All
`
`1.1) Certitied copies of the priority documents have been received.
`2.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copiesof the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`~" See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) jw] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark ONice
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`[_] Interview Summary (PTQ-413)
`Paper No(s)/Mail Date
`is Other:
`
`Part of Paper No./Mail Date 20190404
`
`Exhibit 1002 - p. 340
`Exhibit 1002 - p. 340
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 11/07/2018. The
`
`submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statement is being considered by the examiner.
`
`The drawings were received on 11/07/2018 these drawing are acceptable by the
`
`Drawings
`
`examiner.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`doctrine groundedin 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
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`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 /n 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 conflicting application or patent either is shownto
`
`Exhibit 1002 - p. 341
`Exhibit 1002 - p. 341
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 3
`
`be commonly ownedwith this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may signa
`terminal disclaimer. A terminal disclaimer signed by the assignee mustfully comply with
`37 CFR 3.73(b).
`
`Claims 2-15 are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claims 1, 14 and 30 of US Patent 8,190,203 B2;
`
`claims 1 and 5-6 of US Patent 8,571, 544 B2; claims 1, 10 and 13 of US Patent
`
`9,049,502 B2; claim 1 of US Patent 8,655,420 B1; claim 1 of US Patent 9,438,987 B2:
`
`claims 1, 8 and 11 of US Patent 9,497,535 B1; claims 1-3 of US Patent 9,729,959 B2;
`
`claims 1-3 of US Patent 9,986,325 B2; claim 1 of US Patent 10,206,025 B2. Although
`
`the conflicting claims are not identical, they are not patentably distinct from each other
`
`becauseclaim 2 limitation are found in claims 1, 14 and 30 of US Patent 8,190,203 B2:
`
`claims 1 and 5-6 of US Patent 8,571, 544 B2; claims 1, 10 and 13 of US Patent
`
`9,049,502 B2: claim 1 of US Patent 8,655,420 B1; claim 1 of US Patent 9,438,987 B2:
`
`claims 1, 8 and 11 of US Patent 9,497,535 B1; claims 1-3 of US Patent 9,729,959 B2;
`
`claims 1-3 of US Patent 9,986,325 B2; claim 1 of US Patent 10,206,025 B2 with obvious
`
`wording variation such as they all sets of claims are drawntofirst and second
`
`earphones, wherein each ofthe first and second earphones comprises an acoustic
`
`transducer; an antennafor receiving wireless signals and playing digital audio content
`
`received wirelessly by the headphone,
`
`It is important to note that claimed features recited in claims 1, 14 and 30 of US
`
`Patent 8,190,203 B2: claims 1 and 5-6 of US Patent 8,571,544 B2; claims 1,10 and 13
`
`of US Patent 9,049,502 B2; claim 1 of US Patent 8,655,420 B1; claim 1 of US Patent
`
`Exhibit 1002 - p. 342
`Exhibit 1002 - p. 342
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 4
`
`9,438,987 B2; claims 1, 8 and 11 of US Patent 9,497,535 B1; claims 1-3 of US Patent
`
`9,729,959 B2; claims 1-3 of US Patent 9,986,325 B2; claim 1 of US Patent 10,206,025
`
`Be are more specific than claimed features recited in claim 2 of the instant application.
`
`Hence, the scope of claims of present application is now broader than U.S. Patent No.
`
`8,190,203; 8,571, 544; 9,049,502; 8,655,420; 9,438,987; 9,497,535; 9,729,959;
`
`9,986,325 and 10,206,025
`
`Many decisions support the fact that a broad or generic claim is obvious from a
`
`specific claim, i.e., an obvious variation. See In re Van Ornum and Stang, 214 USPQ
`
`761 (CCPA 1982); In re Goodman (CA FC) 29 USPQ2d 2010 (12/3/1993); In re Vogel
`
`and Vogel; 164 USPQ 619 (CCPA 1970); In re Berg (CA FC) 46 USPQ2d 1226
`
`(3/30/1998); Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d 1865 (CA FC 2001).
`
`It is well settled that omission of an element and its function in a combination is an
`
`obvious expedientif the remaining elements perform the same functions as before.
`
`This notion is supported by In re KARLSON, 136 USPQ 184 (1963); In re Nelson, 95
`
`USPQ 82 (CCPA 1952): and In re Eliot, 25 USPQ 111 (CCPA 1935).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AlA 35 U.S.C. 103(a) which formsthe basis
`
`for all obviousness rejections setforth in this Office action:
`
`(a) A patent may not be obtained though the inventionis not identically disclosed or described
`as set forth in section 102, if the differences between the subject matter sought to be patented
`and the prior art are such that the subject matter as a whole would have been obvious atthe
`time the invention was madeto a person having ordinary skill in the art to which said subject
`matter pertains. Patentability shall not be negatived by the manner in which the invention was
`made
`
`Exhibit 1002 - p. 343
`Exhibit 1002 - p. 343
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 5
`
`Claims 2, 3, 7-10 and 12-23 are rejected under pre-AlA 35 U.S.C. 103(a) as
`
`being unpatentable over Borchardtet al. (US 5,410,735) in view of Yamashita et al. (US
`
`2004/0063459 A1).
`
`Regarding claim 2. Borchardt (New) a wireless headphone assembly
`
`comprising:
`
`first and second earphones, wherein eachof the first and second earphones-
`
`comprises an acoustic transducer (Col,7, lines 38-43, fig.1 Illustrate and teach receiver
`
`unit 22 included a headphoneunit 24 and earpads 28 and 30 as read onfirst and
`
`second earphones comprises an acoustic transducer);
`
`an antenna for receiving wireless signals (Col.4, lines 15-16, Col.7, lines 56-59,
`
`teach antenna 210 for receiving wireless signals);
`
`Ba gory,
`»
`
`noe
`
`FIGS
`
`a wireless communication circuit connected to the antenna, wherein the wireless
`
`communicationcircuit is for receiving and transmitting wireless signals to and from the
`
`wireless headphone assembly (Col.7, lines 30-37, 65-67, Col.8, lines 1-3 teach receiver
`
`22 receiving wireless audio signal from transmitter 20);
`
`Exhibit 1002 - p. 344
`Exhibit 1002 - p. 344
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 6
`
`a processor in communication with the wireless communication circuit; and a
`
`rechargeable battery for powering the wireless headphone assembly (Col.5, lines 50-60,
`
`Col.7, 44-50 teach rechargeable battery for powering the wireless headphone).
`
`Borchardt is silent on
`
`wherein the headphone assembly is configured, with the processor, to transition
`
`automatically from playing digital audio content received wirelessly by the headphone
`
`assembly viaafirst wireless network to playing digital audio content received wirelessly
`
`by the headphone assembly via a second wireless network.
`
`In an analogous art, Yamashita teaches
`
`wherein the headphone assembly is configured, with the processor,to transition
`
`automatically from playing digital audio content received wirelessly by the headphone
`
`assembly via a first wireless networkto playing digital audio content received wirelessly
`
`by the headphone assembly via a second wireless network (Paragraphs [0014], [0076]
`
`teach headphone 20 automatic playing digital audio content received wirelessly from
`
`audio player 10).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefilling date of the claimed invention was made to modify Borchardt with
`
`Yamashita's system such that an earphones -comprises an acoustic transducer, an
`
`antenna for receiving wireless signal, a rechargeable battery for powering the wireless
`
`headphone automatically from playing digital audio content received wirelessly in order
`
`to provide the convenient to the user and listen to music without interrupt.
`
`Exhibit 1002 - p. 345
`Exhibit 1002 - p. 345
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 7
`
`Regarding claim 3. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, Yamashita teaches wherein the processoris
`
`further configured to, upon activation of a user-control of the headphone assembly,
`
`initiate transmission of a request to a remote network server (Paragraphs [0053-0054)).
`
`Regarding claim 7. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, further Borchardt teaches comprising a
`
`headband connected betweenthefirst and second earphones(Col.7, lines 45-48).
`
`Regarding claim 8. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 7, Yamashita teaches wherein the first and
`
`second earphones comprise speaker elements housed in on-ear headphones
`
`(Paragraph [0048])
`
`Regarding claim 9. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 7, Yamashita teaches wherein the first and
`
`second earphones comprise speaker elements housed in over-ear headphones
`
`(Paragraphs [0048], [0058)).
`
`Regarding claim 10. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, Borchardt and wherein each ofthefirst and
`
`second earphones comprises:
`
`Exhibit 1002 - p. 346
`Exhibit 1002 - p. 346
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 8
`
`a hanger bar that sits upon an upper external curvature of a user's ear, and a
`
`body connected to the hanger bar, wherein the acoustic transducer is connected to the
`
`body (fig.1, Illustrate headphone 24 as read on hanger barthat sits upon an upper
`
`external curvature of a user's ear)
`
`Regarding claim 12. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, Yarmashita teaches wherein the processoris
`
`configured to transition automatically from playing digital audio content received
`
`wirelessly by the headphone assembly via the first wireless networkto playing digital
`
`audio content received wirelessly by the headphone assembly via the second wireless
`
`network based on a signal strength level for the second wireless network (Paragraphs
`
`[0014], [004-0045], [0076)).
`
`Regarding claim 13. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 12, Yamashita teaches wherein the processoris
`
`configured to transition automatically from playing digital audio content received
`
`wirelessly by the headphone assemblyvia the first wireless network to playing digital
`
`audio content received wirelessly by the headphone assembly via the second wireless
`
`network based on whether the signal strength level for the second wireless networkis
`
`above a threshold level. (Paragraphs [0014], [004-0045], [0076)).
`
`Claims 4-6 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Borchardt et al. (US 5,410,735) in view of Yamashita et al. (US 2004/0063459 A1)
`
`and further view of Smith (US 2009/0262205 A1).
`
`Exhibit 1002 - p. 347
`Exhibit 1002 - p. 347
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 9
`
`Regarding claim 4. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 3, but is silent on wherein: the headphone
`
`assembly further comprises a microphone; and the processoris further configured to:
`
`process audible utterances by a user of the headphone assembly picked up by
`
`the microphone in responseto activation of the microphone by the user; and transmit a
`
`communication based on the audible utterancesvia the first or second
`
`wireless networks,
`
`In an analogousart, Smith teaches
`
`wherein: the headphone assembly further comprises a microphone; and the
`
`processoris further configured to:
`
`process audible utterances by a user of the headphone assembly picked up by
`
`the microphone in response to activation of the microphone bythe user; and transmit a
`
`communication based on the audible utterances via the first or second
`
`wireless networks (Paragraphs [0036], fig.3 Illustrate and teach the headset contain
`
`microphone logic that detect voice commands spokenbythe user).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefilling date of the claimed invention was made to modify Borchardt and
`
`Yamashita with Smith's system such that process audible utterances by a user of the
`
`headphone assembly picked up by the microphone in responseto activation of the
`
`microphone by the user in order to provide the convenient to the user and without
`
`physically controlling the headphone,
`
`Exhibit 1002 - p. 348
`Exhibit 1002 - p. 348
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 10
`
`Regarding claim 5. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, further Smith teaches wherein: thefirst
`
`earphone comprisesa first earbud; and the second earphone comprises a second
`
`earbud (Paragraph [0035})
`
`Regarding claim 6. The combination of Borchardt and Yamashita and Smith
`
`teach the wireless headphone assembly of claim 5, Borchardt teaches wherein each of
`
`the first and second earphones comprises:
`
`an antenna;
`
`a wireless communication circuit connected to the at least the antenna (Col.4,
`
`lines 15-16, Col.7, lines 56-59); a processor in communication with the wireless
`
`communication circuit; and a rechargeable battery for powering the wireless headphone
`
`assembly ( Col.5, lines 50-60, Col.7, 44-50).
`
`Claim 11 |s rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`Borchardtet al. (US 5,410,735) in view of Yamashita et al. (US 2004/0063459 A1) and
`
`further view of Goldman et al. (US 2011/0275323 A1)
`
`Regarding claim 11. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, butis silent on comprising a docking station
`
`to charge the rechargeable battery when the first and second earphones are connected
`
`to the docking station,
`
`In an analogous art, Goldman teaches
`
`Exhibit 1002 - p. 349
`Exhibit 1002 - p. 349
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 11
`
`comprising a docking station to charge the rechargeable battery whenthefirst
`
`and second earphonesare connected to the docking station (Paragraphs [0058], fig.1
`
`and fig.1 Illlistrate headset base unit as read on docking station that to charge the
`
`rechargeable battery whenthe first and second earphones are connected to the docking
`
`station).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filling date of the claimed invention was made to modify Borchardt and
`
`Yamashita with Goldman’s’s system such that comprising a docking station to charge
`
`the rechargeable battery when thefirst and second earphones are connected to
`
`the docking station in order to provide saving cost by recharging the battery.
`
`Claim 14 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`Borchardtet al. (US 5,410,735) in view of Yamashita et al. (US 2004/0063459 A1) and
`
`further view of Terlizzi (US 2010/0022283 A1)
`
`Regarding claim 14, The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, but is silent on wherein the processor is
`
`further configured to receive firmware updates from a remote computer device.
`
`In an analogousart, Terlizzi
`
`wherein the processoris further configured to receive firmware updates from a
`
`remote computer device (Paragraphs [0044], [0051] teach firmware update).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effectivefilling date of the claimed invention was made to modify Borchardt and
`
`Yamashita with Terlizzi's system such that wherein the processoris further configured
`
`Exhibit 1002 - p. 350
`Exhibit 1002 - p. 350
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 12
`
`to receive firmware updates from a remote computer device in order to improve the
`
`operation of the user device.
`
`Claim 15 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`Borchardt et al. (US 5,410,735) in view of Yamashita et al. (US 2004/0063459 A1) and
`
`further view of Borras et al. (US 2007/0281676 A1).
`
`Regarding claim 15. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, but Is silent on comprising a memory unit
`
`that stores network identifiers for the first and second wireless networks.
`
`In an analogousart, Borras teaches
`
`a memoryunit that stores network identifiers for the first and second wireless
`
`networks (Paragraphs [0013] device has a memory for stroing each of networkidentity),
`
`Therefore, it would have been obvious to oneof ordinary skill in the art before the
`
`effectivefilling date of the claimed invention was made to modify Borchardt and
`
`Yamashita with Borras's system such that a memoryunit that stores networkidentifiers
`
`lor the first and second wireless networksin order to provide the user of headphone an
`
`easy access to networkthat the headphoneidentify.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KIET M DOAN whosetelephone numberis (571)272-
`
`7863. The examiner can normally be reached on M-F 9:30am-5:30pm.
`
`Exhibit 1002 - p. 351
`Exhibit 1002 - p. 351
`
`

`

`Application/Control Number: 16/182,927
`Art Unit: 2641
`
`Page 13
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged te use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Charles Appiah can be reached on 571-272-7904. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/KIET M DOAN/
`Primary Examiner, Art Unit 2641
`
`Exhibit 1002 - p. 352
`Exhibit 1002 - p. 352
`
`

`

`Notice ofReferences Cited
`
`Application/Control No.
`16/182,927
`
`STanor
`KIET M DOAN
`
`Applicant(s)/Patent Under
`Reexamination
`Koss et al,
`Art Unit
`2641
`
`Page 1 of
`
`1
`
`
`
`
`
`
`U.S. PATENT DOCUMENTS
`
`ee ns
`
`
`
`
`
`
`
`Pe[us-saoraca[04-1095|Bocharak—_—~«dt~—C*B0005|SaoRobert
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`[#[re[us-200sa262205-a1[10-2000|SmitDanastenen__———+d|_Hoawirasi|saan
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`PF[=[us-20r000z2283-a1[0-200[TeweahJefreys,————+|_—Atamos|a5670_—__
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`=|[us-2orsozrsses-ai[+2011|Gouman:Tomesz=iaoaan
`
`[#|[us-200s0063059-e1[04-2006|Yamasmita,Naoya(|_‘Hoataome|a86650.1
`
`Document Number
`
`Date
`
`as:
`
`FOREIGN PATENT DOCUMENTS
`
`ieeee —_———>|
`
`
`D8HYef9 hs|
`
`“A copy of this ralerence is nol being furnished with this Office action. (See MPEP § 707,05(a).)
`Dales in MM-¥¥¥'¥ formal are publication dales. Classilicalions may be US or loreign.
`U.S. Patent and Trademark, Dttice
`PTO-892 (Rev. 01-2007)
`
`Notice of References Cited
`
`Part of Paper No. 20190404
`
`Exhibit 1002 - p. 353
`Exhibit 1002 - p. 353
`
`

`

`Search Notes
`
`Application/Control No.
`16/182.927
`
`Applicant(s)/Patent Under Reexamination
`Venerex
`
`ee
`
`2641
`
`[symbo——SSSSSSSCSCSCSCSSSC~*dite—*d
`
`
`
`_—
`
`CPC Combination Sets - Searched"
`
`(cae[See
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`foisi
`
`04/06/2019
`
`* See search history printout included with this form or the SEARCH NOTES box below to determine the scape of the
`search,
`
`/KIET M DOAN/
`
`Primary Examiner, Art Unit 26414 U.S. Patent and Trademark Offic:
`
`Part of Paper No, 20790404
`
`Page i ol 2
`
`Exhibit 1002 - p. 354
`Exhibit 1002 - p. 354
`
`

`

`Search Notes
`
`Application/Control No.
`16/182.927
`
`Applicant(s)/Patent Under Reexamination
`Venerex
`
`lil
`
`\|
`
`l| Examiner
`
`eee
`
`ArtUnit
`
`2641
`
`Search Notes
`
`[SearcnnotesSSCSate——«*damine
`
`US Class/CPC
`
`(earphone earcup headset headphone earbud) with acoustic$1 with
`transducer$3 and (earphone earcup headset headphone earbud) with
`antenna$1 with wireless and play$3 with (audio music song$1)
`
`((HO4R5/033 OR HO4R1/1008 OR HO4R1/105).CPC. )
`earphone earcup headset headphone earbud) with acoustic$1 and
`automat$4 with play$3 with (song music audio) and wireless
`((HO4R1/1008 OR HO04R1/1016 OR HO4R1/105 OR HO4R29/004 OR
`G10K2210/1081).CPC_ )
`earphone earcup headset headphone) and earbud and microphone$1
`with (voice speak$3 utteran$3) near4 control$3 and @ad<"20090202"
`(earphone earcup headset headphone earbud) with acoustic$1 and
`firmware with updat$3 and @ad<"20090101"
`
`04/05/2019
`
`04/05/2019
`04/05/2019
`
`04/05/2049
`
`04/05/2019
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`04/05/2019
`
`KD
`
`KD
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`KD
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`KD
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`KD
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`Interference Search
`
`/KIET M DOAN/
`
`Primary Examiner, Art Unit 26414 U.S. Patent and Trademark Office
`
`Part of Paper No, 20790404
`
`Page 2 af 2
`
`Exhibit 1002 - p. 355
`Exhibit 1002 - p. 355
`
`

`

`eeeetSe
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`Part of Paper No. 20190404
`
`Page 1 of)
`
`Exhibit 1002 - p. 356
`Exhibit 1002 - p. 356
`
`Application/Cantrol No.
`Applicant(s)/Patent Under Reexamination
`Index of Claims|16/482.927
`Kossetal.
`
`|
`
`=|
`
`ll | | aeKIET M DOAN
`Rejected 2 Cancelled
`Allowed a Restricted
`
`
`
`

`

`EASTSearch Uistory
`
`EAST Search History
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`EAST Search History (Prior Art)
`
`
`
`
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