PATENT APPLICATION FEE DETERMINATION FIECOFID
`Substitute for Form PTOAST’S
`
`AI’F‘I'WIW 0' POP-5‘9? Numb?
`15H 32.927
`
`SMALL ENTITY
`RATEIM
`FEEI‘S}
`
`m
`g3:»
`
`E3a
`
`01 D
`
`II
`
`75
`
`33o
`380
`
`OTHER THAN
`SMALL ENTITY
`RATEISI
`FEEI'IE)
`
`WA
`
`NIIA
`NA
`
`0 n
`
`APPLICATION AS FILED — PART I
`I_L‘.LI|uInn 1]
`Immumn 2:.
`NUMBER FILED
`NUMBER EXTRA
`
`BASIC FEE
`
`o.
`
`SEARCH FEE
`I37 CFF‘I ‘ “3TH III. I.“ III'II'I
`EXAMINATION FEE
`in? CFFI I IGrcII.
`lp.‘ ur my
`TOTAL CLAIMS
`If.” CFFl
`|
`IBII”
`INDEPENDENT CLAIMS
`
`NIA
`
`14
`
`_ _
`
`_
`
`APPLICATION SIZE
`FEE
`I3? CFR 'I 15ml
`
`I1 lhe specificalion and drawings exceed 100
`shaels of paper. the applicalion size lea due is
`$310 ($155 Ior small EIIIIIIIII Ior each addltional
`50 shears or Iraction IIIeIIaoI. See 35 LISC.
`41(aJ[1)(G} and 3? CFR 115(3).
`MULTIPLE DEPENDENT CLAIM PRESENT I73? CFR‘I IEIIII
`
`'
`
`II I‘Ie dIllerer'ICe "1 column 1 Is less than zero Euler "[I" III column 2
`
`APPLICATION AS AMENDED - PAFIT ll
`
`
`
`AMENDMENTA
`
`AMENDMENTB
`
`(Column II
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`IColuInn 21
`HIGHEST
`NUMBER
`PREVIOUSLY
`END FOR
`
`IColumn 31
`PRESENT
`E .‘ITRA
`
`SMALL ENTITY
`ADDITIONAL
`FEEISJ
`
`RAT EIS'I
`
`OTHER THAN
`SMALL ENTITY
`ADDITIONAL
`FEEISJ
`
`RATEISI
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`Apphmnon Slze Fee (3? CFR l
`
`lars'I'I
`
`FIRST PRESENTATION UF MULTIPLE Iii-EPENDENT CLAIM I37 CPR:
`
`|§:|_ll
`
`TOTAL
`ADD'L FEE
`
`TOTAL
`RDD'L FEE
`
`II
`
`ICU'umI-I
`{SLAMS
`REMAINING
`AFTER
`AM ENDME NT
`
`IC-olumn EI
`HIEHES 1'
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`ICDIUIIIII 31
`
`PRESENT
`E ITRA
`
`ADDITI-ZJNAL
`FEEIS)
`
`ADDITIONAL
`FEE-{5]
`
`'IGIaI
`lag.”
`.3.—- CH: I
`Ina panaem
`I). .iF'I IEIHII
`
`II Inc Enlrv ll'l column 1 Is less man lne entry In column 2 wrne "U" In column 3.
`'
`” If Ihe"Highes‘I NumbeI PYBVIDusly Paid For" IN THIS-SPACE ISIEESII'IBI'I EU. en'Ier"2IJ"
`'
`If the "HIghL-st Number Previously QaId For" IN THIS. SF‘fiCE Is lays than .3. enter "CI"
`The 'l-ilghusl Number ”mule-Jaw F‘aId For' [Tor-1| or Independenu -s IlIu hIghesl Icuuu In me Emu-outlaw box In column I
`
`TGTAL
`ADD'L FEE
`
`Exhibit 1002 - p. 337
`Exhibit 1002 - p. 337
`
`

`

`
`
`
`
`UNI‘I'ED STATES PATEN'I‘ AND TRADEbm OFFICE
`
`IIN ['I‘llfl) ST \‘I‘I‘Z‘i UI‘IIH li'I'M FN'I" (III' l'l III M Elli—Ii
`United him
`II and Trademark (il'l'lm-
`mnllir- '..'
`'M
`"It
`J'I_.l\' T'A‘FI‘II‘ITH
`
`I
`...\l\-|.i.\u
`
`APPl.]('.-'\'[‘1LJN Kimmie
`
`FILING on 371 It“: DATE
`
`nest NAMED Mimic-Mi
`
`ATTY. out'KnT mom in;
`
`Michael J. Kim
`
`liiifliii‘RIJPIUSCONG
`CONFIRMATlON N0. 21 60
`PUBLICATION NOTICE
`
`itrillnurmIItrillilliilluiyiliilitlillniilmilli
`
`161182.927
`
`“(073018
`
`26285
`
`K&L GATES LLP-Pittsburgh
`210 gm. AVENUE
`PITFSBUHGHI. PA 15222-2513
`
`Title:SYSTEM WiTH WIRELESS EAFIPHONES
`
`Publication NorUS-2019-0075390-A1
`Publication Date:03r0?i2019
`
`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 pubiication date are set forth above.
`
`The publication may be accessed through the USPTO's pubiically available Searchable Databases via the
`Internet at wwwusptogov. The direct link to access the publication is currently httptirwwwusptogovipatfti.
`
`The publication process established by the Otfice does not provide for mailing a copy of the publication to
`applicant. A copy of the publication may be obtained from the Office upon payment oi the appropriate fee set
`torth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handied by the USPTO's
`Public Records Division. The Public Records Division can be reached by telephone at [571) 272-3150 or {800)
`972-8382, by facsimile at {571) 2373-3250? by mail addressed to the United States Patent and Trademark Office:
`Public Flecards Division. Alexandria. VA 223134450 orvia the Internet.
`
`In addition, information on the status of the application, including the mailing date of Office actions and
`the dates of receipt of correspondence filed 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
`https:iiportal.usptogow’pain’PublicPair. Prior to publication. such status information is confidential and may only
`be obtained by applicant using the private side of PAlFi.
`
`Further assistance in electronically accessing the publication. or about PAIFl. is available by calling the Patent
`Electronic Business Center at 1-866-217-9197.
`
`(“Tit-t: oi Ditlfl Matlngmcnt. Application Asststauicc Unit (57] i 2724000. or {57!} 3.724200. or I«XHB—78ti~0|0l
`
`page 1 of1
`
`Exhibit 1002 - p. 338
`Exhibit 1002 - p. 338
`
`

`

`
`
`UNITED STATES PA rum AND TRADEMARK OFFICE
`
`[NH-El} STATES nl-LPAR'I'MICNT ”1‘ ['l IMMERI '1'.-
`l'nilecl Slam l’alenl and Trademark (Ifl'luu
`mid-rec-
`('0MN‘TSSIUNFR I'nR P-K'l I‘LN I'H
`P{| ”In I-S‘JJ
`.-\tr(.nnl||.n \'I|y|m.. 22H 1
`I-I'N'I
`«no |l.‘|~|ll_'|u
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`APPI..1('.-\'IIU.\' NU.
`I'1I.l.\'(‘1l)*\lli
`HRR'I NAMEDI.\\"I-..'\iii)R
`A |"Il )HMi‘f Din-Kt
`.‘ '.
`CUNI'ERMA'I'IUN NU.
`
`INIHJHZ?
`I IIIIWIIHS
`Michael J. [(1155
`"SI I I BE PCTUSCI )N”
`3 I I’Jl'l
`
`3-39.?!
`
`,
`
`Tfi‘JH
`
`.
`
`04!] “ii! I'}
`
`K&L GA [[55 LLP-Plttsburgh
`3 IU SIXTH AVENUE
`PITTSBURGH. PA 15212—2o13
`
`{1le. KIHE'M
`
`AR'I UNIT
`PAPER Nl MBER
` 3M!
`
`NLTI Il’ICAl IUN Dal E
`JJL'LWIiR‘I‘ MOBIL-
`
`EHH ”101‘!
`ELECTRONIC
`
`Please [1 nd below andfor attached an Office communication concerning this application or proceeding.
`
`The lime period for reply. ifamy. is scl in lhc utlnchcd communicalit'm.
`
`Notice of the Office communicalinn was Rem cleclronicoll}r on ohnvc-indiculcd "Notification Dale" In the.
`following c—mail addresstcsl:
`
`USpaLentmuil (ti-'klguLCHme
`
`|"|(J|.-tllir\ (Rrv “Jill?!
`
`Exhibit 1002 - p. 339
`Exhibit 1002 - p. 339
`
`

`

`Office A0’10” Summary
`
`Application No.
`16l182.927
`
`Examiner
`KIET M DOAN
`
`Applicanttsl
`Koss at at.
`
`An Unit
`2641
`
`AIA (FITF) Status
`No
`
`— fire MAILING DA TE ofthrs communication appears on the cover shoe! will; the correspondence address —
`Period tor Reply
`
`A SHORTENED STATUTORY PEFIIOD FOFI REPLY IS SET TO EXPIHE § MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Entensrcns at time may be available under the provimons 013? CFFt 1.136la1. in no event. however, may a reply be timely filed alter SIX {6} MONTHS from the mailing
`date o1 this communication.
`tr NO period for reply is specified above. the maximum statutory period will apply and Will exp-re SIX {6} MONTHS "cm the mailing date or this communicalion
`Failure to reply within the set or extended period tor reply will. by statute. cause the application to become ABANDONED {35 U.S.C. § 133].
`Any reply received by the Office tater than three months ai‘tsr the mailing data oi this communication. even it timely filed. may reduce any earned palenl term
`adjustment. See 3? CFR 1.?Crr1tbi.
`
`.
`
`Status
`
`1}- Heeponsive to communicationts} filed on 11r’07l2018.
`D A declaration(straffidavittsJ under 37 CFR 1.130(b} wasrwere filed on
`2attj This action is FINAL.
`2b}
`This action is non—final.
`SHE] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`;tho restriction requirement and election have been incorporated into this action.
`4)C] Since this application is in condition for allowance except tor formal matters. prosecution as to the merits is
`closed in accordance with the practice Under Expafle array/e, 1935 CD. 11, 453 CLG. 213.
`
`Disposition of Ctaims‘
`5)
`Claimts]
`
`2-15 islare pending in the application.
`
`Ea) Of the above claimts)
`
`istare withdrawn from consideration.
`
`6)
`
`1:] Clalmts]
`
`istare allowed.
`
`7)
`
`8)
`
`Claimts} 2—15 istare rejected
`
`[:1 Claimis)
`
`islare objected to
`
`are subject to restriction ahdlor election requirement
`9) E] Claimis)
`" If any claims have been determined attainable, 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
`
`httpzl/www.um.govtoatentsfinij_eventslpphlindex.1sp or send an inquny toW991,
`
`
`
`Application Papers
`10)[:i The specification is objected to by the Examiner.
`
`11). The drawingis) tiled on 11t07l2018151are: a]. accepted or him objected to by the Examiner.
`Applicant may not request that any objection to the drawingts) be held in abcyance. See 37 CFH 1.85ia}.
`Replacement drawing sheet(s]i including the correction is reQuire-d it the drawingls) is objected to. See 3? CFR 1 121 rd]:
`
`Priority under 35 use. 1:; 119
`12)i:l Acknowledgment is made of a claim for foreign priority under 35 USS. § 119(aJ-td) or (f)
`Certified copies:
`
`aiCI All
`
`DJD Some"
`
`
`cit: None of the:
`
`1.|:| Certified copies of the priority documents have been received.
`
`2.|:| Certified copies of the priority documents have been received in Application No.
`
`3E] Copies oi the certified copies of the priority documents have been received in this Nationai Stage
`application from the International Bureau (PCT Ruic 17.2{a]).
`" See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmentts)
`
`ll
`
`Notice of References Cited (PTO-8921
`
`2) E] Intormalion Disclosma Staten-tantra] {FTOtSBrDBa andlor PTOISBlDBbI
`Paper NotsllMail Date
`U.S. Potontan trademark Ollico
`PTOL-SZE (Rev. 1 1-133
`
`O‘ltlce Action Summary
`
`3 interview Summary {PTO-413}
`Paper Nolsthail Date
`3 Other
`
`
`
`Dari Di Paper NoJMail Date 20190604
`
`Exhibit 1002 - p. 340
`Exhibit 1002 - p. 340
`
`

`

`ApplicationiControl Number: 1698292?
`Alt Unit: 2641
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pro-AM or AM Status
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 11i07r’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 11i07i201 8 these drawing are acceptable by the
`
`Drawings
`
`examiner.
`
`Doubts Parenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude" granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory
`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 USPQZd 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.
`1965): in re Van Ornum. 686 F.2d 937. 214 USPQ 761 (CCPA 1982): in re Vogei, 422
`F.2d 438, 164 USPO 619 (CCPA 1970); and in re Thorington, 418 F.2d 528. 163
`USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1 .321 (d)
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`Exhibit 1002 - p. 341
`Exhibit 1002 - p. 341
`
`

`

`Applicationi’Control Number: 16082.92?
`Alt Unit: 2641
`
`Page 3
`
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CPR 3.7303}.
`
`Claims 2-15 are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claims 1, 14 and 30 01 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 82; claim 1 of US Patent 8,655.420 81; 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
`
`because claim 2 limitation are found in claims 1, 14 and 30 of US Patent 8,190,203 B2;
`
`claims 1 and 5-6 of US Patent8,571, 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 drawn to first and second
`
`earphones, wherein each of the first and second earphones comprises an acoustic
`
`transducer; an antenna for receiving wireless signals and playing digital audio content
`
`received wirelessly by the headphone.
`
`It is important to note that ciaimed features recited in claims 1. 14 and 30 of US
`
`Patent 8,190,203 32; claims 1 and 5-6 of US Patent 8,571,544 82: claims 1, 10 and 13
`
`of US Patent9,049,502 B2; claim 1 of US Patent 8,655,420 B1; claim 1 of US Patent
`
`Exhibit 1002 - p. 342
`Exhibit 1002 - p. 342
`
`

`

`Applicationi’Control Number: 16182927
`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
`
`B2 are more specific than claimed teatures 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 USPO
`
`761 (CCPA 1982); in re Goodman (CA FC) 29 USPQZd 2010 (12130 993): In re Vogel
`
`and Vogel; 164 USPQ 619 (CCPA 1970); in re Berg (CA FC) 46 USPQ2d1226
`
`(arson 998); Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPO2d 1865 (CA FC 2001).
`
`It is well settled that omission of an element and its function in a combination is an
`
`obvious expedient if 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 (CCF’A 1935).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`ia) A patent may not be obtained though the invention is not identically disclosed or described
`as set icrth 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 at the
`time the invention was made to a person having ordinary skill in the art to which said subject
`matter pertains. Patentabiiity shall not be negatived by the manner in which the invention was
`made
`
`Exhibit 1002 - p. 343
`Exhibit 1002 - p. 343
`
`

`

`Applicationi’Control Number: 16182.92?
`Alt Unit: 2641
`
`Page 5
`
`Claims 2, 3. 7-10 and 12-23 are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over Borchardt et al. (US 5.410335) in view of Yamashita et a]. (US
`
`2004t0063459 A1).
`
`Regarding claim 2. Borchardt (New) a wireless headphone assembly
`
`comprising:
`
`first and second earphones, wherein each of the first and second earphones -
`
`comprises an acoustic transducer (Coi7, lines 38-43, fig.1 Illustrate and teach receiver
`
`unit 22 included a headphone unit 24 and earpads 28 and 30 as read on first and
`
`second earphones comprises an acoustic transducer);
`
`an antenna for receiving wireless signals (Col.4. lines 15-16. Col.?. lines 56-59.
`
`teach antenna 210 for receiving wireless signals);
`
`
`
`first
`
`a wireless communication circuit connected to the antenna, wherein the wireless
`
`communication circuit is for receiving and transmitting wireless signals to and from the
`
`wireless headphone assembly (Coil lines 30-37, 65-67, COLB, lines 1-3 teach receiver
`
`22 receiving wireless audio signal from transmitter 20);
`
`Exhibit 1002 - p. 344
`Exhibit 1002 - p. 344
`
`

`

`Applicatioanontrol Number: 1618232?
`Alt 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 via a first 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 network to 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
`
`effective filling 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 use: and listen to music without interrupt.
`
`Exhibit 1002 - p. 345
`Exhibit 1002 - p. 345
`
`

`

`Applicationi’Control Number: 15182.92?
`Alt 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 processor is
`
`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 between the first 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 00mprise speaker elements housed in on-ear headphones
`
`(Paragraph [0048])
`
`Regarding claim 9. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly at 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 of the first and
`
`second earphones comprises:
`
`Exhibit 1002 - p. 346
`Exhibit 1002 - p. 346
`
`

`

`Applicationi’Control Number: 16l182,92?
`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 (iig.1, Illustrate headphone 24 as read on hanger bar that 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. Yamashita teaches wherein the processor is
`
`configured to transition automatically from playing digital audio content received
`
`wirelessly by the headphone assembly via the first wireless network to 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 processor is
`
`configured to transition automatically from playing digital audio content received
`
`wirelessly by the headphone assembly via 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 network is
`
`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 $410,735) in view of Yamashita et al. (US 2004i’0063459 A1)
`
`and further View of Smith (US 2009;026:2205 Al ).
`
`Exhibit 1002 - p. 347
`Exhibit 1002 - p. 347
`
`

`

`ApplicationiControl Number: 161182.927
`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 processor is 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 by the user; and transmit a
`
`communication based on the audible utterances Via the first or second
`
`wireless networks.
`
`In an analogous art. Smith teaches
`
`wherein: the headphone assembly further comprises a microphone; and the
`
`processor is 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 by the user; and transmit a
`
`communication based on the audible utterances via the first or second
`
`wireless networks (Paragraphs [0036], tig.3 illustrate and teach the headset contain
`
`microphone logic that detect voice commands spoken by the user}.
`
`Therefore. it would have been obvious to one of ordinary skill in the art before the
`
`effective lilting 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 response to 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
`
`

`

`ApplicationKControl Number: 16182.92?
`Alt 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: the first
`
`earphone comprises a 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, 801.7, 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, Coll 44-50).
`
`Claim 11 is 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 Goldman et al. (US 201110275323 A1)
`
`Regarding claim 11. The combination of Borchardt and Yamashita teach the
`
`wireless headphone assembly of claim 2, but is 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
`
`

`

`Applicationi’Control Number: 15182.92?
`Art Unit: 2641
`
`Page 1 1
`
`comprising a docking station to charge the rechargeable battery when the first
`
`and second earphones are connected to the docking station (Paragraphs [0058]. fig.1
`
`and fig.1 Illustrate headset base unit as read on docking station that to charge the
`
`rechargeable battery when the first and second earphones are connected to the clocking
`
`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 the first 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-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 20041’0063459 A1} and
`
`further view of Terlizzi (US 20100022283 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 analogous art. Terlizzi
`
`wherein the processor is 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
`
`effective filling date of the claimed invention was made to modify Borchardt and
`
`Yamashita with Terlizzi's system such that wherein the processor is further configured
`
`Exhibit 1002 - p. 350
`Exhibit 1002 - p. 350
`
`

`

`Applicationi’Control Number: 16182.92?
`Alt 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-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Borchardt et at. (US 5.410.735) in view of Yamashita et al. (US 2004i0063459 A1) and
`
`further view of Borras et al. (US 2007i’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 analogous art, Borras teaches
`
`a memory unit that stores network identifiers for the first and second wireless
`
`networks (Paragraphs [0013] device has a memory for stroing each of network identity)
`
`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 Borras's system such that a memory unit that stores network identifiers
`
`[or the first and second wireless networks in order to provide the user of headphone an
`
`easy access to network that the headphone identify.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications Irom the
`
`examiner should be directed to KIET M DOAN whose telephone number is (571)272-
`
`7863. The examiner can normally be reached on M»F 9:30am-5:30pm.
`
`Exhibit 1002 - p. 351
`Exhibit 1002 — p. 351
`
`

`

`Applicationr’Control Number: 16182.92?
`Alt Unit: 2641
`
`Page 13
`
`Examiner interviews are available via telephone. in-person. and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview. applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at httpn’lwww.uspto.goviinterviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner‘s
`
`supervisor, Charles Appiah can be reached on 571272—7904. The fax phone number
`
`ior 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 Inlormation 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:i/pair-direct-uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-tree). It you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`fKiET M DOANHr
`
`Primary Examiner. Art Unit 2641
`
`Exhibit 1002 - p. 352
`Exhibit 1002 — p. 352
`
`

`

`
`
`Applicat‘romControi No.
`16r182.927
`
`Emmy
`KIET M DOAN
`
`AppiicanttswPatent Under
`Reexamination
`K035 at a!.
`A“ Unit
`2841
`
`Page 1 of
`
`1
`
`US. PATENT DOCUMENTS
`
`Notice ofReferences Cited
`
`Wmfifisggisritti'fifiam
`
`III_——_
`nI————
`II_——_
`III————_
`
`.
`
`
`
`
`Document Number
`
`Dale
`
`FOREIGN PATENT DOCUMENTS
`
`
`
`'A copy of H115 reference IS no! tlemg lumnshed w:lr1lhls Office adiurl. [See- MPEP§ 70?.0513|.J
`Dales In MM VWV harm-a! are sunlicatron dates Classmcanons may he US er lav-sign.
`US. PaIerH and deemarl: DIIIco
`PTO-892 (Flew D1 2001']
`
`Notice cl References Cited
`
`Pan 0! Pepe: No. 20190404
`
`Exhibit 1002 - p. 353
`Exhibit 1002 - p. 353
`
`

`

`Search Notes
`
`15:132‘927
`
`Koss et al
`
`ApplicationiComro! No.
`
`ApplicantisiiPatent Under Reexamination
`
`||||||H||||
`
`"N"
`
`|
`
`"H
`
`examiner
`
`KiET M [JOAN
`
`CPC - Searched*
`
`Symbol
`HU4R1H D16
`
`H04R111008
`
`CFC Combination Sets - Searched'
`
`Symbol
`
`US Classification - Searched’
`
`Class
`
`381
`
`“Ml.p
`
`DD
`
`04f05i‘2019
`
`04f05f2019
`
`I U
`
`x U
`
`04i05i'2019
`
`04i05i‘2019
`
`04i05f2019
`
`043032019
`
`043032019
`
`04i05f2019
`
`0430512019
`
`043052019
`
`04i05f2019
`
`Drill-352019
`
`xxx:{3DU
`7‘:XIII
`
`7:
`
`‘ See search history printout included with this form or the SEARCH NOTES box below to determine the scope of the
`search.
`
`rKiET M DOAN!
`
`Primary Examiner‘ Ari Unit 2641 US Patent and Trademark Chi-2i
`
`Part of Flame" No : 2019mm
`
`Page ‘i oi 2
`
`Exhibit 1002 - p. 354
`Exhibit 1002 — p. 354
`
`

`

`Search Notes
`
`15:1 31927
`
`Koss et al
`
`Applicatiom’Control No.
`
`ApplicanusirPatent Under Reexamination
`
`|||||||l||||
`
`"III"
`
`|
`
`"H
`
`examiner
`
`KIET M [JOAN
`
`Search Notes
`
`—_w
`
`US ClassrCF’C
`
`(earphone earcup headset headphone earbud) with acoustic$1 with
`transducerSB and (earphone earcup headset headphone earbud) with
`antennaS‘i with wireless and play$3 with (audio music song$1j
`((H04R5r033 OR H04R1r1008 OR H04R1i105).CPC.)
`
`04;“05f2019
`
`04:05:2019 _
`
`earphone earcup headset headphone earbud} with acoustic$1 and
`automat$4 with playSB with (song music audio) and wireless
`
`04(05f20‘19
`
`((H04R1I1003 OR HO4R1J1D16 OR H04R1i‘105 OR H04R29mfl4 OR
`G10K2210!1081).CPC.)
`
`04:059019
`
`earphone earcup headset headphone) and earbud and microphone$1
`with (voice speak53 utteran33) near4 controi$3 and @adc”20090202”
`
`04“”ng
`
`(earphone earcup headset headphone earbud) with acoustic$1 and
`firmware with updat$3 and @ad<"20090101"
`
`“$59019
`
`KD
`
`KD
`
`KD
`
`Interference Sea rch
`
`thET M DOAN!
`
`Primary Examiner‘ Ari Un112641 US Patent and Trademark only;
`
`Part of Famer No : 2019mm
`
`Page 2 of 2
`
`Exhibit 1002 - p. 355
`Exhibit 1002 - p. 355
`
`

`

`Index of Claims
`
`15:13;er
`
`K055 et a}.
`
`ApplicationIConlrol No.
`
`ApplicanusyPatenl Under Reexamination
`
`“m"
`
`II H“
`
`"m“
`
`"H
`
`l
`
`Examiner
`
`KIETMDOAN
`
`Rejected I Cancelled m Non-Elected
`a Allowed I Restricted "—
`
`
`
`CLAIMS
`
`____.
`
`US Patent and Iredemark O‘Ilce
`
`Par! 0| ”acre-r Nd. 20190404
`
`Page 'I of 1
`
`Exhibit 1002 - p. 356
`Exhibit 1002 - p. 356
`
`
`
`D CPA
`
`[:1 T.D‘
`
`DATE
`
`8 Cla‘rme renumbered in the same order as presented by applicant
`CLAIM
`04:05:2019
`Final
`_ ____—_
`
`.-_ ______
`_ ______
`_ _____—
`
`I-_ _____-
`— ___—_—
`
`-__ ______
`
`_r_ ______
`
`-__ ______
`
`m-— ___—_—
`_ —_———_
`14 —-c::
`_ ___———
`_ 12 __——__
`_ ___———
`_n_. 33.0)
`_ ___———
`_a m
`_ _____—
`_ _____—
`— ___—_—
`— ——_———
`_ ——_———
`_ ___———
`_ ______
`_ __—___
`_ _____—
`_ __—___
`
`
`

`

`EAST Search History
`
`EAST Search History
`
`EAST Search History (Prior Art}
`
`
`L2
`E1earphone earcup headset headphone:'US—PGPUB; E015
`H ”12019104105
`
`E
`Eearbud) same automati$4 with play$3 EUSF'AT.
`31:0 07
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`
`E
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`
`E2 AND1 {H04051053 OR H04H111015'
`E
`
`
`EUR HU4L20121’2841 0F! H04M11’6066
`
`EOR H04M117253 0R
`
`
` E1earphone earcup headset headphone 1
`
`Eearbud}