`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONFIRMATIONNO.
`
`
`13/459,291
`
`04/30/2012
`
`MichaelJ. Pelland
`
`080188PCTUSCON
`
`1125
`
`K&L GATES LLP
`K&l
`TP
`
`“e
`
`210 SIXTH AVENUE
`PITTSBURGH,PA 15222-2613
`
`rE
`XAMINER
`
`DOAN,KIET M
`
`PAPER NUMBER
`
`ART UNIT
`
`2641
`
`
`
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/14/2013
`
`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 attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`pidocketing @klgates.com
`patents @klgates.com
`trademarks @klgates.com
`
`Page 1 of 15
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`
`
`Applicant(s)
`Application No.
` 13/459,291 PELLAND ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor toFile)
`Office Action Summary
`
`2641KIET DOAN No
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, 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 filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`-
`-
`
`Status
`1) Responsive to communication(s) filed on18April2013.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
` Attachment(s)
`
`Disposition of Claims
`5)K] Claim(s) 3-13 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 3-73 is/are rejected.
`8)L] Claim(s)___ is/are objectedto.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* If 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
`or send an inquiry to PPHfeecback@uspte.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`
`11)KX] The drawing(s) filed on
`is/are: a)EX] 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 is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)L] Some* c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of 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.
`Interim copies:
`a)LI All
`b)LJ Some
`
`Interim copies of the priority documents have been received.
`
`c)L) None of the:
`
`3) TC Interview Summary (PTO-413)
`1) Xx] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`;
`,
`O Other:
`2) CT] Information Disclosure Statement(s) (PTO/SB/08)
`
`Paper No(s)/Mail Date ther
`PTOL328(Flew 0 Ig)Piet 1 9
`
`Office ActionSummary
`
`Part ofrapsRSENSIESon
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 2
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`DETAILED ACTION
`
`This office action is in response to Applicant Remarksfield on 04/18/2013.
`
`Claims 3-8 are amended.
`
`Claims 12 and 13 are new.
`
`The examiner withdrawn the objection of claims 8 and 11 due to claim set are
`
`amended and further search.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim 6 have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the
`
`current rejection.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 ofthis title, 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.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 6, 7, 9 and 12 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Fikelstein et al. (US 2009/0063703 A1) in view of Nishiguchi et al. (US
`
`2005/0240296 A1).
`
`Regarding claims 6 and9, Fikelstein teaches a system comprising:
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 3
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`a digital audio player comprising an audio iack (Paragraph [0092], [0116],
`
`fig. 5f #623 teach portable device 10/smart phone as read on digital audio player
`
`including audio port or headset jack for head phone connector /audio jack);
`
`a wireless network adapter external to the digital audio player and connected to
`
`the digital audio player via the audio jack, wherein the wireless network adapteris for
`
`encoding analog audio received from the digital audio player into digital format and
`
`wirelessly transmitting the digitally-formatted audio (Paragraphs [0070], [0073] fig.1 and
`
`fig.3, Illustrate server 42/282 as read on "wireless network adapter" that connected to
`
`portable device 10/212/214 wherein the server perform encoding analogto digital) ;
`
`a streaming digital audio content server that is connectedto the Intemet
`
`(Paragraph [0020 teach server streaming media connected to the internet);
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`Application/Control Number: 13/459,291
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`Art Unit: 2641
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`a transceiver(fig.1, # 20/22) thatis for:
`
`receiving digitally-formatted audio, in a first mode, from the streaming digital
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`Page 5
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`audio content server via an infrastructure wireless network and, in a second mode, from
`
`the wireless network adapter via an ad hoc wireless network using the; and
`
`converting the received digitally-formatted audio to analog audio signals (Paragraphs
`
`[0073-0074], [0092] teach portable device contain microprocessor that processing D/A
`
`converter, A/D converter). However, Fikelstein is silent on
`
`an earphone set comprising a pair of earphones configured to be worn
`
`simultaneously by a user, wherein each earphone in the pair of earphones comprises:
`
`at least one acoustic transducer connectedto the transceiver, wherein the at
`
`least one acoustic transduceris for outputting the analog audio signals.
`
`In an analogous art, Nishiguchi teaches
`
`an earphone set comprising a pair of earphones configured to be worn
`
`simultaneously by a user (Paragraph [0027], fig.2 Illustrate and teach head phone as
`
`read on earphone set comprising a pair of earphones), wherein each earphone in the
`
`pair of earphones comprises:
`
`at least one acoustic transducer connected to the transceiver, wherein the at
`
`least one acoustic transduceris for outputting the analog audio signals (Paragraph
`
`[0010], [0026] teach headphoneperform converting output signals analog into acoustic).
`
`Therefore, it would have been obvious to one ofordinary skill in the art at the
`
`time that the invention was made to modify Fikelstein with Nishiguchi’s system such that
`
`digital audio player comprising an audio iack connected with wireless network adapter
`
`wherein the wireless network adapteris for encoding analog audio received from the
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`Application/Control Number: 13/459,291
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`Page 6
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`digital audio playerinto digital format and wirelessly transmitting the digitally-formatted
`
`audio in order to provide quality audio signals received from internet through mobile
`
`headphone.
`
`Regarding claim 7, the combination of Fikelstein and Nishiguchi teach
`
`the system of claim 6, further Fikelstein teaches wherein the digital audio playerisin
`
`communication with the streaming digital audio content server, and wherein the
`
`streaming digital audio content serveris for performing steps comprising:
`
`receiving audio content from the digital audio player via the Internet (Paragraph
`
`[0020]);and transmitting the streaming audio received form the digital audio playerto
`
`the earphone setvia the infrastructure wireless networkin the first mode (Paragraph
`
`[0009], [0092]).
`
`Regarding claim 12, the combination of Fikelstein and Nishiguchi teach the
`
`system of claim 6, further Fikelstein teaches comprising a host server connectedto the
`
`Internet (Paragraph [0015]), such that the host server and the streaming digital audio
`
`content server are accessible to the pair of earphonesvia the Internet and the
`
`infrastructure wireless network (Paragraph[0016], [0092]), and wherein the pair of
`
`earphonesis configured to receive a network addressfor the streaming digital audio
`
`content server from the host server (Paragraph [0044)).
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 7
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`Claims 8 and 10-11 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Fikelstein et al. (US 2009/0063703 A1) in view of Nishiguchi et al. (US
`
`2005/0240296 A1) andfurther view of Lee et al. (US 2007/0150963 A1).
`
`Regarding claim 10, the combination of Fikelstein and Nishiguchi teach the
`
`system of claim 9, but is silent on wherein the plurality of streaming digital audio
`
`content servers comprises a plurality of user-defined streaming digital audio content
`
`servers configurable by the user via the host server.
`
`In an analogous art, Lee teaches
`
`wherein the plurality of streaming digital audio content servers comprises a
`
`plurality of user-defined streaming digital audio content servers configurable by the user
`
`via the host server (Paragraphs [0039] ,[0044], fig.4 show server as read on license
`
`server send streaming digital audio to host/PC 30 that configure via user/MP3 player).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art at the
`
`time that the invention was made to modify Fikelstein and Nishiguchi with Lee’s system
`
`such that streaming digital audio content servers configurable by the user via the host
`
`server in order in order to provide the secure transmitting.
`
`Regarding claim 11 and8, the combination of Fikelstein and Nishiguchi teach
`
`the system of claim 12, but is silent wherein at least one of the earphonesof the
`
`earphone setfurther comprises a user touch control through which the user can register
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 8
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`an indication of approval of a song streamed to the earphonesby the streaming digital
`
`audio content server and played by the earphones, and wherein the at least one of the
`
`earphonesis configured to transmit wirelessly data regarding the indication of approval
`
`of the song from the at least one of the earphonesto the host server.
`
`In an analogous art, Lee teaches
`
`wherein at least one of the earphonesof the earphone setfurther comprises a
`
`user touch control through which the user can register an indication of approval of a
`
`song streamed to the earphonesbythe streaming digital audio content server
`
`(Paragraphs [0043], [0049],[0069-0070] and played by the earphones, and wherein the
`
`at least one of the earphonesis configured to transmit wirelessly data regarding the
`
`indication of approval of the song from the at least one of the earphonesto the host
`
`server (Paragraphs [0039-0041], fig. 4lllustrate as song transmit from host PC 30 to
`
`MP3/earphone).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art at the
`
`time that the invention was made to modify Fikelstein and Nishiguchi with Lee’s system
`
`suchthat the user can register an indication of approval of a song streamedto the
`
`earphones and wherein the at least one of the earphonesis configured to transmit
`
`wirelessly data regarding the indication of approval of the song from the at least one of
`
`the earphonesto the host server in order to provide the secure and safe transmitting
`
`approve song to mobile device.
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 9
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`Claims 13 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Nishiguchi et al. (US 2005/0240296A1) in view of Lee et al. (US 2007/0150963 A1).
`
`Regarding claim 13, Nishiguchi teaches an apparatus, comprising:
`
`an earphone pair comprising a set of two earphones to be worn simultaneously
`
`by a user (Paragraph [0027], fig.2 Illustrate and teach head phone as read on earphone
`
`set comprising a pair of earphones), wherein each earphone in the earphone pair
`
`comprises at least one acoustic transducerfor outputting analog audio signals
`
`(Paragraphs [0010], [0026]), and wherein at least one of the two earphones comprises:
`
`a transceiverthat receivesdigitally-formatted audio via a wireless network, and
`
`wherein the transceiver is connected to the acoustic transducer for the at least one of
`
`the tow earphones (Paragraph [0010], [0027], [0031]). Nishiguchi fails to explicitly
`
`teach
`
`a user touch control through which the user can register an indication of approval
`
`of a song streamed to the earphone pair by a streaming digital audio content servervia
`
`the wireless network and played by the earphone pair, wherein the at least one of the
`
`two earphonesis configured to transmit wirelessly data regarding the indication of
`
`approval of the song from the at least one of the two earphonesto a host servervia the
`
`wireless network.
`
`In analogous art, Lee teaches
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 10
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`a user touch control through which the user can register an indication of
`
`approval of a song streamedto the earphone pair by a streaming digital audio content
`
`server via the wireless network (Paragraphs [0043], [0049],[0069-0070] and played by
`
`the earphone pair, wherein the at least one of the two earphonesis configured to
`
`transmit wirelessly data regarding the indication of approval of the song from the at least
`
`one of the two earphonesto a hostservervia the wireless network. (Paragraphs [0039-
`
`0041], fig. 4lllustrate as song transmit from host PC 30 to MP3/earphone).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art at the
`
`time that the invention was made to modify Nishiguchi with Lee’s system suchthat the
`
`user can register an indication of approval of a song streamed to the earphones and
`
`wherein the at least one of the earphonesis configured to transmit wirelessly data
`
`regarding the indication of approval of the song from the at least one of the earphones
`
`to the host serverin order to provide the secure and safe transmitting approve song to
`
`mobile device.
`
`Claims 3-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Nishiguchi et al. (US 2005/0240296 A1) in view of Lee et al. (US 2007/0150963 A1) and
`
`further view of Roseneret al.(US 2008/0076489 A1).
`
`Regarding claim 3, the combination of Nishiguchiand and Lee teach the
`
`apparatus system of claim 13, but sis lent on wherein the pair of earphones comprise
`
`a pair of in-ear earphones, wherein eachin-ear earphonein the pair of in-ear earphones
`
`comprises an ear canal portion that is insertable into an ear canal of the user.
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 11
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`In an analogous art, Rosener teaches wherein the pair of earphones comprise a
`
`pair of in-ear earphones, wherein eachin-ear earphone in the pair of in-ear earphones
`
`comprises an ear canal portion that is insertable into an ear canal of the user
`
`(Paragraph [0030] teach earphone contain ear bud thatfitted within ear canal of the
`
`user’s ear).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art at the
`
`time that the invention was made to modify Nishiguchi and Lee with Rosener’s system
`
`such that wherein each in-ear earphone in the pair of in-ear earphones comprises an
`
`ear canal portion that is insertable into an ear canal of the userin order to provide clear
`
`audio quality for the user.
`
`Regarding claim 4, the combination of Nishiguchiand and Lee teach the
`
`apparatus system of etakAs++-ereclaim 13, further Rosener teaches wherein the pair of
`
`earphones comprise a left earphone and a right earphone connected by a headband
`
`(Paragraph [0014])
`
`Regarding claim 5, the combination of Nishiguchiand and Lee teach the system
`
`apparatus of claim g 13, further Rosener teaches wherein the wireless network
`
`comprises a Wi-Fi wireless network (Paragraph [0015]).
`
`Conclusion
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 12
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`Applicant's amendmentnecessitated the new ground(s)of rejection presentedin
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the eventa first reply is filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however,will the statutory period for reply expire later
`
`than SIX MONTHS from the dateofthis final action.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KIET DOAN whosetelephone numberis (571)272-7863.
`
`The examiner can normally be reached on 9-5.
`
`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 wherethis application or proceeding is assigned is 571-273-8300.
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`Application/Control Number: 13/459,291
`Art Unit: 2641
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`Page 13
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`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
`
`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 Doan/
`Primary Examiner, Art Unit 2641
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`Notice of References Cited
`
`Application/Control No.
`
`19/459,291
`Examiner
`KIET DOAN
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`PELLAND ETAL.
`Art Unit
`2641
`
`Page 1 of |
`
`
`
`Document Number
`
`Date
`
`
`OstenUS-2005/0240296|10-2005|Nishiguchieta.ss7oovoaa
`Classification
`Name
`CountryCode-Number-KindCode Soz005YYYY
`
`
`Fo US-2009/0063703 03-2009|Finkelsteinetal. 709/240
`
`*A copyof this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYYformat are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`Page 15 of 15
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`Notice of References Cited
`
`Part of Paper No. 20130608
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