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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. 



CONFIRMATION NO. 



10/826,529 



04/15/2004 



34071 7590 

ipventure, inc. 
5150 el camino real 

SUITE A-22 

LOS ALTOS, CA 94022 



01/03/2007 



Kwok Wai Cheung 



IPVBP001 



2162 



EXAMINER 



TRINH, TAN H 



ART UNIT 



PAPER NUMBER 



2618 



SHORTENED STATUTORY PERJOD OF RESPONSE 



MAIL DATE 



DELIVERY MODE 



3 MONTHS 01/03/2007 PAPER 

Please find below and/or attached an Office communication concerning this application or proceeding. 

If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS 
from the mailing date of this communication. 



PTOL-90A (Rev. 10/06) 



L/i/iue Mction oufuuiary 


Application No. 

10/826,529 


Applicant(s) 

CHEUNG ET AL 


Examiner 

TAN TRINH 


Art Unit 

2618 





- The MAILING DATE of this communication appears on the cover sheet with the correspondence address 
Period for Reply 



A SHORTENED STATUTORY PERIOD FOR REPLY IS 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 . 1 36(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. § 1 33). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment See 37 CFR 1.704(b). 

Status 

1 )Kl Responsive to communication(s) filed on 15 April 2004 . 
2a)Q This action is FINAL. 2b)EI This action is non-final. 

3) D 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 Ex parte Quayle, 1935 CD. 1 1 , 453 O.G. 213. 

Disposition of Claims 

4) [EI Claim(s) 25-47 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) |EI Claim(s) 25-47 is/are rejected. 

7) D Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) E3 The specification is objected to by the Examiner. 

10) 13 The drawing(s) filed on 15 April 2004 and 27 September 2004 is/are: a)KI accepted or b)D 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). 

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f). 
a)DAII b)D Some * c)D None of: 

1 .□ Certified copies of the priority documents have been received. 

2. D Certified copies of the priority documents have been received in Application No. . 

3. D 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. 



Attachment(s) 

1) S Notice of References Cited (PTO-892) 

2) O Notice of DraftspersorVs Patent Drawing Review (PTO-948) 

3) ^ Information Disclosure Statement(s) (PTO/SB/08) 

Paper No(s)/Mail Date . 



4) □ Interview Summary (PTO-413) 

Paper No(s)/Mail Date. . 

5) O Notice of Informal Patent Application 

6) □ Other: . 



U.S. Patent and Trademark Office 

PTOL-326 (Rev. 08-06) 



Office Action Summary 



Part of Paper No./Mail Date 20061209 



Application/Control Number: 10/826,529 Page 2 

Art Unit: 2618 

DETAILED ACTION 

Information Disclosure Statement 

1. The information disclosure statement (IDS) submitted on 01-21-2005, 02-22-2005 and 
08-09-2005, the information disclosure statement has been considered by the examiner. 



Specification 

2. The serial numbers of the copending or related application on pages 1 and 22 of the 
specification should be provided. 



Claim Rejections - 35 USC § 112 

3. The following is a quotation of the second paragraph of 35 U.S.C. 112: 

The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the 
subject matter which the applicant regards as his invention. 

4. Claim 28 is rejected under 35 U.S.C. 1 12, second paragraph, as being indefinite for 
failing to particularly point out and distinctly claim the subject matter which applicant regards as 
the invention. It is not clear if the phrase " wherein the another mode of operation is deactivated 
when the speaker is attached to the clothing" is referring to. However, the specification at 
paragraph 91 states that if the phone is attached to the clothing, the speaker of the interface unit 
can be automatically activated. Therefore, the term "deactivated" in claim 28 should be change 
to "activated" in order to obtain consistency. 



Application/Control Number: 10/826,529 
Art Unit: 2618 



Page 3 



Claim Rejections - 35 USC § 102 

5. 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 - 

(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed 
in the United States before the invention by the applicant for patent or (2) a patent granted on an application for 
patent by another filed in the United States before the invention by the applicant for patent, except that an 
international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this 
subsection of an application filed in the United States only if the international application designated the United 
States and was published under Article 21(2) of such treaty in the English language. 

6. Claims 25, 30-31, 33, 35-37, 39-40 and 44 are rejected under 35 U.S.C. 102(e) as being 
anticipated by Warren (U.S. Patent No. 7,013,009). 

Regarding claim 25, Warren teaches a wireless communication system (see fig. 1) 
comprising: a directional speaker (24) attachable to a piece of clothing worn (see fig. 1, speaker 

24, col. 2, lines 47-61 and col. 7, lines 16-43); a microphone (20), and a base unit (32) coupled to 
both the speaker and the microphone to allow the being to use the system to communicate 
wirelessly with another communication device (34) (see fig. 1, base unit 32 (cell phone 32) 
coupled speaker (24) and microphone (20), col. 3, lines 38-55); wherein signals emitted from the 
speaker are directed towards at least one ear of the being from the worn position of the speaker 
(see fig. 1, col. 3, lines 51-55); the wireless communication system can be operated hands-free 
and the signals are directional to allow communication with enhanced privacy (see col. 1, lines 
59-col. 2, lines 1, col. 3, lines 55-58 and col. 5, lines 4-7). 

Regarding claim 30, Warren teaches a wireless communication system as recited in claim 

25. Warren further teaches wherein the speaker and microphone are integrated with the clothing 
(see fig. 10, col. 7, lines 16-33). 



Application/Control Number: 10/826,529 
Art Unit: 2618 



Page 4 



Regarding claim 31, Warren teaches a wireless communication system as recited in claim 
25. Warren further teaches wherein the speaker and microphone couple to the base unit 
wirelessly (see fig. 1, base unit (cell phone) 32, col. 3, lines 38-55). 

Regarding claim 33, Warren teaches a wireless communication system as recited in claim 
25. Warren further teaches wherein another directional speaker attachable to the clothing with 
the two speakers creating stereo effects (see col. 5, lines 11-17 and col. 7, lines 29-33). 

Regarding claim 35, Warren teaches a wireless communication system as recited in claim 
25. Warren further teaches wherein the base unit includes a display; and the base unit includes 
capability to allow it to function as a computation device (see fig. 1, base unit 32 (cell phone 32) 
with the display, col. 3, lines 37-55 and col. 4, lines 13-31). 

Regarding claim 36, Warren teaches a wireless communication system as recited in 
claim 25. Warren further teaches wherein the signals can be personalized based on the hearing 
characteristics of the being (see col. 5, lines 15-17). Since Warren discloses a volume control for 
the speaker, it is clear that the user can adjust the audio signal based on his hearing 
characteristics. 

Regarding claim 37, Warren teaches a wireless communication system as recited in claim 
25. Warren further teaches wherein the signals can be personalized based on the noise level in 



Application/Control Number: 10/826,529 
Art Unit: 2618 



Page 5 



the vicinity of the being (see col. 5, lines 15-17). Since Warren discloses a volume control for the 
speaker, it is clear that the user can adjust the audio signal based on the noise level. 

Regarding claim 39, Warren teaches a wireless communication device (see fig. 1), 
wherein the improvement comprises a personal directional speaker (24) that can direct audio 
signals towards a user's ear (see fig. 1, speaker 24, user's ear, col. 3, lines 37-55 and col. 5, lines 
4-7). 

Regarding claim 40, Warren teaches a wireless communication device as recited in claim 
39. Warren further teaches wherein the wireless communication device is a mobile phone (see 
fig. 1, mobile phone 32, col. 3, lines 39-45). 

Regarding claim 44, Warren teaches a wireless communication device as recited in claim 
39. Warren further teaches wherein the audio signals from the directional speaker can be steered 
(see col. 2, lines 47-51 and col. col. 5, lines 10-17). 

Claim Rejections - 35 USC § 103 

7. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all 
obviousness rejections set forth 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 of this 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. 



Application/Control Number: 10/826,529 Page 6 

Art Unit: 2618 

8. Claim 26-27, 29 and 41-43 are rejected under 35 U.S.C. 103(a) as being unpatentable 
over Warren (U.S. Patent No. 7,013,009) in view of Norris (U.S. Patent No. 6,151,398). 

Regarding claim 26, Warren teaches a wireless communication system comprises the 
directional speaker. But Warren does not mention the speaker generates ultrasonic signals; which 
are transformed into audio signals. 

However, Norris teaches wherein the speaker generates ultrasonic signals; which are 
transformed into audio signals (see col. 9, lines 12-21). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Norris, in order to provide a 
surprising increase in volume to the audio output signal (see Norris col. 9, lines 12-14). 

Regarding claim 27, the combination of Warren and Norris teaches a wireless 
communication system as recited in claim 26. Warren further teaches wherein the system 
includes another mode of operation that generates audio signals directly from the speaker (see 
the hands free mode at col. 3, lines 56-58 and col. 5, lines 18-24). 

Regarding claim 29, Warren teaches a wireless communication system comprises with 
directional speaker. But Warren does not mention wherein the speaker is selected from a group 
including: a device with a piezoelectric thin film, a device with a bimorph and a device with a 
magnetic transducer. 

However, Norris teaches wherein the speaker is selected from a group including: a device 
with a piezoelectric (see col. col. 2, lines 15-17 and lines 63-65). 



Application/Control Number: 1 0/826,529 Page 7 

Art Unit: 2618 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Norris, in order to produce a 
mechanical force when a voltage is applied. 

Regarding claim 41, Warren teaches a wireless communication system comprises the 
directional speaker. But Warren does not mention the speaker generates ultrasonic signals; which 
are transformed in air to yield the audio signals. 

However, Norris teaches wherein the speaker generates ultrasonic signals; which are 
transformed in air to yield the audio signals (see col. 9, lines 12-21). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Norris, in order to provide a 
surprising increase in volume to the audio output signal (see Norris col. 9, lines 12-14). 

Regarding claim 42, the combination of Warren and Norris teaches a wireless 
communication system with the directional speaker and emitting ultrasonic signals as recited in 
claim 41. Warren further teaches wherein the directional speaker directs and towards the audio 
signals to the user's ear (see fig. 1, speaker 24, user's ear, col. 3, lines 37-55 and col. 5, lines 4- 
7). Therefore, it would have been obvious to one of ordinary skill in the art at the time invention 
was made to modify above teaching of Warren with Norris, so that it play sounds toward the 
user's ear but does not play sounds that can be easily heard by bystanders (see Warren col. 5, 
lines 5-7). 



Application/Control Number: 10/826,529 Page 8 

Art Unit: 2618 

Regarding claim 43, the combination of Warren and Norris teaches a wireless 
communication system with the directional speaker and emitting ultrasonic signals as recited in 
claim 41. Warren further teaches wherein the directional speaker directs the audio signals to the 
user's ear by the signals in a direction substantially parallel to the face of the user (see warren 
figs. 1 and 10-11, which show the audio signals are generated downward to the ear, which are 
clearly parallel to the face of the user). 

9. Claim 32 is rejected under 35 U.S.C. 103(a) as being unpatentable over Warren (U.S. 
Patent No. 7,013,009) in view of Hwang (U.S. Pub. No. 2002/0090099). 

Regarding claim 32, Warren teaches a wireless communication system. But Warren does 
not mention an indicator for providing an indication that the system is being used to 
communicate wireless with another communication. 

However, Hwang teaches an indicator for providing an indication that the system is being 
used to communicate wireless with another communication (see figs. 1-2, display 208, indicator 
for providing caller ID and the system is being using, page 2, section [0018]). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren and by the providing of the teaching of 
Hwang on the indicator, thereto in order to provide call information to the user (see page 2, 
section [0018]). 

10. Claim 34 is rejected under 35 U.S.C. 103(a) as being unpatentable over Warren (U.S. 
Patent No. 7,013,009) in view of Voroba (U.S. Patent No. 5,819,183). 



Application/Control Number: 10/826,529 Page 9 

Art Unit: 2618 

Regarding claim 34, Warren teaches a wireless communication system comprises the 
speaker (24), the microphone (20) and the base unit (32). But Warren does not mention wherein 
the speaker, the microphone and the base unit are integrated into one package. 

However, Voroba teaches wherein the speaker, the microphone and the base unit are 
integrated into one package (see fig. 2, directional speaker 106, microphone 108 and base unit 
(wireless phone 100) are integrated into one package, col. 5, lines 41-50). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Voroba, in order to provide a 
compact storage for the system. 

11. Claims 38 is rejected under 35 U.S.C. 103(a) as being unpatentable over Voroba (U.S. 
Patent No. 5,819,183) in viewofNorris (U.S. Patent No. 6,151,398). 

Regarding claim 38, Voroba teaches a portable computing system (100) for a user (see 
fig. 2) comprising: a directional speaker (106), a microphone (108) a display (104); and a 
computing device (100) coupled to the speaker (106), the microphone (108) and the display 
(104) (see fig. 2, col. 1, lines 50-51 and col. 5, lines 41-50), wherein the user can use the system 
to communicate wireless with another communication device (see fig. 1, col. 2, lines 47-51), 
wherein signals emitted from the speaker can be directed towards the user from the position the 
system is used (fig. 4, direction " d " of speaker 106, col. 5, lines 32-59 and col. 6, lines 41-45), 
wherein the user can communicate with another communication device in a hands-free manner 
(see col. 5, lines 32-40), wherein the system is enabled for data as well as voice communication 
(see col. 2, lines 32-38), and wherein the signals emitted from the speaker are directional to 



Application/Control Number: 10/826,529 Page 10 

Art Unit: 2618 

allow communication with enhanced privacy (see 5, lines 66 - col. 6 5 lines 8). Since the earpiece 
is used, it would enhance privacy. Voroba teaches a directional speaker (see col. 2, lines 50-51). 
But Voroba does not mention the speaker, which generates ultrasonic signals that are 
transformed to produce audio signals. 

However, Norris teaches wherein the speaker generates ultrasonic signals; which are 
transformed into audio signals (see col. 9, lines 12-21). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Norris, in order to provide a 
surprising increase in volume to the audio output signal (see Norris col. 9, lines 12-14). 

12. Claim 45 is rejected under 35 U.S.C. 103(a) as being unpatentable over Warren (U.S. 
Patent No. 7,013,009) in view of Asada (U.S. Pub. No. 2002/0191807). 

Regarding claim 45, Warren teaches wherein the directional speaker directs the audio 
signals to the user's ear (see fig. 1, directional speaker 24, and user's ear, col. 5, lines 1-14). But 
Warren does not mention a physical horn forming part of the speaker. 

However, Asada teaches a horn speaker (see page 1, section [0006]). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Asada, in order to enhance the 
acoustic sound from the diaphragm and radiating the enhanced sound (see Asada page 1 , section 
[0006]). 



Application/Control Number: 1 0/826,529 Page 1 1 

Art Unit: 2618 

13. Claims 46-47 are rejected under 35 U.S.C. 103(a) as being unpatentable over Warren 
(U.S. Patent No. 7,013,009) in view of Gallery (U.S. Patent No. 4,128,738). 

Regarding claim 46, Warren further teaches wherein the directional speaker directs the 
audio signals to the user's ear by confining the audio signals substantially having an input end at 
the directional speaker and an output end at the vicinity of the user's ear (see fig. 1, directional 
speaker 24 with input end at the directional speaker and an output end and user's ear, col. 3, lines 
37-55 and col. 5, lines 1-14). But Warren does not mention the speaker with a virtual cone. 

However, Gallery teaches the speaker with a virtual cone (see col. 3, lines 41-46). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Gallery, in order to provide a 
compact speaker system (see Gallery col. 3, line 48). 

Regarding claim 47, the combination of Warren and Gallery teaches a wireless 
communication system as recited in claim 46. Gallery further teaches the diameter of the virtual 
cone at the output end is less than 6 inches (see col. 3, lines 43-49). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time 
invention was made to modify above teaching of Warren with Gallery, in order to provide a 
compact speaker system (see Gallery col. 3, line 48). 

Allowable Subject Matter 

14. Claim 28 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. 



Application/Control Number: 10/826,529 



Art Unit: 2618 



Page 12 



Reasons for allowance 

15. The following is an examiner's statement of reasons for allowance: 

Regarding dependent claim 28, the reference of Warren teaches the system includes 
another mode of operation that generates audio signals directly from the speaker (see the hands 
free mode at col. 3, lines 56-58 and col. 5, lines 18-24). However, Warren alone or in 
combination with other prior art of record, fails to disclose the system includes another mode of 
operation is activated when the speaker is attached to the clothing as specified in independent 
claim 28. 

Conclusion 

16. Any response to this action should be mailed to: 

Commissioner of Patents and Trademarks 
Washington, D.C. 20231 

or faxed to: 

(571) 273-8300, (for Technology Center 2600 only) 

Hand-delivered responses should be brought to the Customer Service Window (now located at 
the Randolph Building, 401 Dulany Street, Alexandria, VA 22314). 

1 7. Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Tan Trinh whose telephone number is (571) 272-7888. The 
examiner can normally be reached on Monday-Friday from 9:30 AM to 6:00 PM. 



Application/Control Number: 10/826,529 



Page 13 



Art Unit: 2618 

If attempts to reach the examiner by telephone are unsuccessful, the examiners 
supervisor, Anderson, Matthew D., can be reached at (571) 272-4177. 

The fax phone number for the organization where this application or proceeding is 
assigned is (571) 273-8300. 

Any inquiry of a general nature or relating to the status of this application or proceeding 
should be directed to the Technology Center 2600 Customer Service Office whose telephone 
number is (703) 306-0377. 

1 8. 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 access to the Private PAIR 

system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 

Tan H. Trinh 
Division 2618 
December 10, 2006 



PATENT EXAMINER 
TRINHJAN