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RECEIVED
C»ITRALFAX<»^
MAR2 9 2007
REMARKS ™ 4 ^ £UUr
Applicants previously presented claims 25 through 47 for examinatioa. In the
above-identified Office Action, the Examiner has allowed claim 28, which Applicants
appreciate with gratitude, and rejected ail the other claims.
Applicants appreciate the Examiner's detailed comments la the Office Action to
the above-identified application. For the reasons to be stated below, however. Applicants
respectfully traverse the Examinees rejections.
By this amendment. Applicants have (a) provided the serial numbers of
applications on pages 1 and 22, as suggested by the Examiner; (b) amended claims 25,
26, 27, 37-39, 41-43, 46 and 47 to further clarify the subject matter regarded as the
invention; and (c) recast allowable claim 28 in independent form by incorporating all the
limitations of its base and intervening claims, as suggested by the Examiner.
Accordingly, claims 25-47 remain pending. Applicants respectfully request that the^
Examiner reconsider the application in light of the amendments and the remarks
expressed herein.
112 Rejections
The Office Action rejected claim 28 under 35 U.S.C, 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which Applicants regard as the invention. Applicants respectfully disagree.
The Office Action stated that it was unclear what the clause, "wherein the another
mode of operation is deactivated when the speaker is attached to the clothing*', was refenring
to.
The antecedent basis of •*the another mode of operation" can be found in claim 27,
which claim 28 depends on.
The Office Action suggested changing the term "deactivated" in claim 28 to
"activated" because 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. Applicants
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do not believe this is necessary. Applicants* specification at paragraph 91 teaches, for
example, the following:
"For example, if the phone is attached to the clothing, the directional speaker of
the interface unit can be autoinatically activated ..."
*ToT example, when the interface unit is attached to clothing (for hands-free
usage), a magnet or apiece of magnetizable material in the clothing can cause the
phone to operate in the hands-free mode. When the phone is detached from
clothing, the magnetically-activated switch can cause the phone to operate as a
normal-mode phone."
"In yet another example, activation can be based on orientation. If the interface
unit is substantially in a horizontal orientation . . . the phone will operate in the
hands-free mode. However, if the unit is substantially in a vertical orientation . . .
the phone will operate as a normal-mode phone."
Among different features, paragraph 91 teaches a number of embodiments with two
modes of operations. For example, activation can be based on orientation. If the interface
unit is substantially in a horizontal orientation, the phone will operate in a hands-free
mode. If the unit is substantially in a vertical orientation, the phone will operate as a
normal-mode phone. In this example, though not explicitly stated, it should be
understood that when the phone is operating in the hands-free mode (hands-free mode
activated), the normal-mode is deactivated. Accordingly, Applicants respectflUly request
that the 1 12 rejections on claim 28 be reconsidered and withdrawn,
102 Rejections
Claims 25, 30-3 1 , 33, 35-37, 39-40 and 44 were rejected under 35 USC 102(e) as
being anticipated by Warren (US Patent No. 7,013,009). Applicants respectfully disagree.
Warren pertains to a microphone, a transmitter, a speaker, a receiver and a power
source, all mounted to an eyeglasses fi-ame, a hat or other article worn on the head of a
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user, for sending and receiving signals wirelessly to and finom a remote cell phone or
other device.^
Regarding the speaker. Warren teaches that the speaker can be "directional so that
it plays sounds toward the user*s ear but does not play sounds that can be easily heard by
bystanders. For example, the speaker 24 can be a conventional miniature bone-type
speaker that is mounted on an ear rest 26 of one of the support arms 18 generally adjacent
to the user's ear when wearing the eyeglasses 10."^ "FIG. 9 shows a seventh alternative
embodiment 710 . . The microphone 720 and the speaker 724 arc built into the sheet 756
at spaced apart positions, and are directional and oriented towards the user's mouth and
ear, respectively, when wearing the clip-on attachment member on glasses."^ "FIGS. 10
and 1 1 show further alternative embodiments of the present invention. In these
embodiments* the commimication components are mounted to articles that users
commonly wear on their head for fashion, warmth, or other reasons. . . . [T]he speaker is
disposed adjacent to and oriented toward the user's ear, thereby permitting the user to
conveniently and privately communicate on his or her cell phone,
Warren docs not teach or suggest a speaker configured to be attached to a piece of
clothing, and to be intentionally spaced apart from the ears of the being, so that at
least a portion of ultrasonic signals is transformed into audio signals via at least a
portion of the medium in the space between the directional sneak er and at least
one of the ears of the being
Applicants' claim 25 states that its directional speaker is configured to be attached
to the piece of clothing, and to be intentionally spaced apart from the ears of the user. At
least a portion of the medium in the space between the speaker and at least one of the ears
of the user transforms at least a portion of the ultrasonic signals into the audio signals.
Applicants submit that Warren not only does not teach or suggest such limitations,
Warren teaches away from such limitations.
Warren specifically teaches that its speaker is positioned to be very close to the
user's ear to permit the user to privately communicate. As an example, the speaker is a
* See Warren's Abstract.
^ Col 5, lines 5-10 in Warren.
* Col. 6, line 63 to col. 7, line 4 in Warren.
* CoL 7, lines 8^15 in Warren.
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bone-type speaker mounted on an ear rest 26 of one of the support arms adjacent to the
user's ear. Warren further teaches that its speaker '*plays sounds toward the user's ear but
does not play sounds that can be easily heard by bystanders.*' Every one of Warren's
speaker is positioned to be very close to the ear of the user.
Since Warren teaches away from limitations in Applicants' claim 25, Applicants
respectfully request that the 102 rejections of claim 25, and its dependent claims 30-31,
33 and 35-37 be reconsidered and withdrawn.
Warren does not teach or suggest a communication device including two
speakers, one generating audio signals from ultrasonic signals, and the other
generating audio signals directly, without the need to be transformed from
ultrasonic signals
Since Warren does not teach or suggest its devices having two speakers, one
generating audio signals from ultrasonic signals, and the other generating audio signals
directly from audio signals, without the need to be transformed from ultrasonic signals,
Warren cannot teach or suggest Applicants' claim 39, and its dependent claims 40 and
44. Thus Applicants respectfully request that the 102 rejections on those claims be
reconsidered and withdrawn.
103 Rejections based on Warren and Norris
Claims 26-27 and 41-43 were rejected under 35 USC 103(a) as being
unpatentable over Warren in view of Norris (US Patent No. 6,151,398). Applicants
respectfully disagree.
Norris pertains to an ultrasonic emitter device having broad fi^uency range
capacity, with relatively large diaphragm displacement compared to typical electrostatic
diaphragm movement. The device includes a core member to establish a first magnetic
field and a movable diaphragm wdth a conductive coil, A variable current flows through
the conductive coil to establish a second magnetic field. The first and the second
magnetic fields interact to attract and repel the diaphragm at a desired frequency to
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generate ultrasonic waves.^ With the right modulations on the ultrasonic waves^ based on
tiie principles of acoustic heterodyning, sonic emissions can be generated.^
The Office Action stated that "Warren does not mention the speaker generates
ultrasonic signals; v^ch are transformed into audio signals,"^ which Applicants
acknowledge. In an attempt to cure the deficiencies in Warren, Norris was introduced.
As explained above, regarding claims 25-27, Warren teaches away fi-om
inventions in these claims. Every one of Wanren's speakers is positioned to be very close
to the ear of the user.
In addition, it is not clear how one can incorporate Norris* speaker into Warren's
(a) speaker 24 in Warren's FIG. 2, (b) speaker 424 in Warren's FIG. 6, (c) speaker 524 in
Wan-en's FIG. 7, (d) speaker 624 in Warren's FIG. 8, (e) speaker 724 in Warren's FIG. 9,
(f) speaker 824 in Warren's FIG: 10 or (g) speaker 924 in Warren's FIG. 1 1 ,
Regarding claims 41-42, both Norris and Warren do not teach or suggest a device
with two speakers, one generating audio signals from ultrasonic signals, and the other
generating audio signals directly. In addition, both references do not teach or suggest (a)
a directional speaker able to be configured such that the volume of a portion of the audio^
signals is automatically changed depending on at least one hearing characteristic of the
user, or (b) the device including a video display.
Thus. Applicants respectfully request that the 103 rejections on claims 26-27, 29,
and 41-43 be reconsidered and withdrawn.
103 Rejections based on Warren and Hwang
Claim 32 was rejected under 35 USC 1 03(a) as being unpatentable over Warren in
view of Hwang (US Publication No. 2002/0090099). Applicants respectfully disagree.
Irrespective of the Office Action*s rationale, since Warren does not teach or suggest
independent claim 25, bringing in Hwang for a feature in dependent claim 32 would not
remedy Warren's deficiency regarding independent claim 25. Thus, Applicants
respectfully request that the 1 03 rejections on claim 32 be reconsidered and withdrawn.
' See Abstract ia Nonris,
* See coL 5, lines 55-59 in Noiris.
^ The second paragrapli on page 6 of tiie QHice ActiQa
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103 Reiections based on Warren and Vorota
Claim 34 was rejepted under 35 USC 103(a) as being unpatentable over Warren in
view of Voroba et al. (US Publication No, 5,819,183, hereinafter "Voroba")- Applicants
respectfully disagree. Irrespective of the OfiSce Action's rationale, since Warren does not
teach or suggest independent claim 25, bringing in Voroba for additional features in
dependent claim 34 would not remedy Wairen's deficiency regarding independent claim
25.
103 Rejections Based on Voroba and Norris
Claim 38 was rejected under 35 USC 103(a) as being unpatentable over Voroba in
view of Norris. Applicants respectfully disagree.
Voroba pertains to reducing sidetone feedback in a portable wireless telephone
system that has a speaker and a microphone. Microphone output going back through the
speaker (in the form of a sidetone) can create a feedback loop if the output is coupled
back from the speaker through the microphone. The feedback loop can lead to
oscillations. Spatial separation reduces signal coupled from the speaker to the
microphone and therefore prevents oscillation. In compact telephones, such as a wrist-
mounted telephone, manufacturers go through elaborate designs to maintain the spatial
s^aration.^
To reduce acoustic feedback, Voroba appropriately positions the speaker and the
microphone in its wireless phone, and controls the amplifier gain in the transmitter
section of the phone. The wireless telephone may be configured as a wrist watch, a piece
of jewelry such as a brooch or pendant, a pager/intercom, or an identification badge for
an employee,^
As admitted in the OfiBce Action, Voroba does not mention its speaker generating
ultrasonic signals that are transformed to produce audio signals.
To try to remedy the deficiency, the Office Action introduced Norris, and the
Office Action argued that "it would be obvious to one of ordinary skill in the art at the
* Col. 1, Unes 29-37 in Voioba.
^ See the Abstract in Voroba,
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time invention was made to modify above teaching of Warrea with Norris, in order to
provide a surprising increase in volume to the audio output signal/*'^ Applicants assuine
the Office Action meant Voroba and Norris, instead of Wairen witii Norris, The
fallowing discussion is based on such an assumption.
First, it is not clear how one could incorporate the speaker in Norris into the wrist
watch, the piece of jewelry such as a brooch or pendant, the pager/^intercom, or the
identification badge in Voroba. There are no such teachings or suggestions in Nonis.
In addition, Norris and/or Voroba do not teach or suggest the voliirae of at least a
portion of the audio signals being automatically changed depending on the sound level in
the vicinity of their devices.
Thus, Applicants respectfully request that the 103 rejections on claim 38 be
reconsidered and withdrawn-
1 03 Rejections based on Warren and Asada
Claim 45 was rejected under 35 USC 103(a) as being unpatentable over Warren in
view of Asada (US Pub. No. 2002/0191807). Applicants respectfully disagree.
Irrespective of the Office Action's rationale, since Warren does not teach or
suggest independent claim 39, bringing in Asada for additional limitations in dependent
claim 45 would not remedy Warren's deficiency regarding independent claim 39.
Thus, Applicants respectfully request that the 103 rejections on claim 45 be
reconsidered and withdrawn.
103 Rejections based on Warren and Gallery
Claims 46-47 were rejected under 35 USC 103(a) as being unpatentable over
Warren in view of Gallery (US Patent No. 4, 128,738), Applicants respectfully disagree.
As acknowledged in the Office Action, Wairen does not teach a speaker with a
virtual cone. To remedy the deficiency, the Office Action introduced Gallery.
Gallery pertains to a compact transrnission line loudspeaker system. To support its
argument that Gallery teaches a virtual cone, the Office Action cited col. 3, lines 41-48.
However, in that section. Gallery teaches that "the radiator for a direct radiator speaker is
'® The second full paragraph on page 10 of the Office Action.
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cone $h£^6d and referred to as a speaker cone. As an example, the 5 inch diameter plastic
cone speaker ... performs excellently in my compact loudspeaker system." Thus, Gallery
teaches a physical cone, not a virtual cone.
Moreover since Warren does not teach or suggest independent claims 39 and 25,
bringing in Gallery for additional limitations in their respective dependent claims 46 and
47 would not remedy Warren's deficiency regarding independent claims 39 and 25,
Thus, Applicants respectfolly request that the 103 rejections on claims 46-47 be
reconsidered and withdrawn.
Regarding the remaining references cited by the Examiner, since they have not
been applied against any of the claims and do not appear properly applicable thereto, no
further mention thereof will be made.
Reconsideration of the application and an early Notice of Allowance are earnestly
solicited. If there are any issues remaining which the Examiner believes could be
resolved through either a Supplemental Response or an Examiner's Amendment, the
Examiner is respectfully requested to contact the vmdersigned representative at the
telephone number listed below.
Respectfully submitted,
(650)903-9200 ext 102
5 1 50 El Camino Real
Building A, Suite 22
Los Altos, CA 94022
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