Patent 11644693

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

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Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

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Analysis of Obviousness under 35 U.S.C. § 103

This analysis evaluates the claims of U.S. Patent No. 11,644,693 ("the '693 patent") for obviousness in light of the prior art references cited during its prosecution. The standard for obviousness, as defined in 35 U.S.C. § 103, is whether the differences between the claimed invention 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 (PHOSITA). For the purpose of this analysis, a PHOSITA is considered to be an engineer with a degree in electrical or computer engineering and several years of experience in the design of wearable consumer electronics, portable audio devices, or hearing aid technology.

The core invention of the '693 patent, as defined by independent claims 1 and 16, is the integration of a complete, personalized hearing enhancement system into the temple of a pair of eyeglasses. This system includes a power source, a wireless receiver, a speaker, and a processor specifically configured to modify wirelessly received audio based on a user's pre-defined hearing profile.

Several combinations of the cited prior art render these claims obvious.


Combination 1: Chiang (US 7,787,643 B2) in view of Sliwa (US 9,414,141 B2)

This combination presents a strong case for the obviousness of claims 1 and 16.

  1. Chiang '643 as the Base Reference: The Chiang patent teaches the fundamental structure of the '693 patent's device. Chiang discloses a head-worn device, specifically in the form of eyeglasses, that incorporates electronic components into its temples. These components include a speaker, a power source, and a wireless communication module (e.g., Bluetooth) for hands-free communication with a mobile phone. This directly teaches the integration of the necessary hardware for a wireless audio system into an eyeglass frame, as recited in claim 1.

  2. Sliwa '141 as the Modifying Reference: The Sliwa patent addresses the problem of personalizing audio for individuals with hearing loss. Sliwa discloses a self-fitting hearing aid system where a processor modifies audio signals based on a user's hearing profile, which can be generated by the device itself. This directly teaches the functional, software-driven aspect of the '693 patent's claims: "applying a hearing enhancement... based on a hearing profile of the user."

  3. Motivation to Combine: A PHOSITA, familiar with the common use of eyeglasses as a platform for wearable technology (as taught by Chiang), would be motivated to improve the functionality of such a device. The market for personal sound amplification products (PSAPs) and assistive listening devices was well-established. It would have been a natural and predictable design evolution to combine the personalized audio processing of a dedicated hearing device like Sliwa's with the convenient and discreet form factor of the wireless eyeglasses taught by Chiang. The motivation is to create a single, multi-function device that serves both as a wireless headset and a personalized hearing enhancer, thereby appealing to a broader market, including those with mild hearing loss who may be reluctant to wear traditional hearing aids. The integration would involve incorporating the signal processing algorithms from Sliwa into the processor of Chiang's device, which is a routine engineering task.

This combination of Chiang and Sliwa teaches all the elements of claims 1 and 16, rendering them obvious.


Combination 2: Glezerman (US 2015/0156598 A1) in view of Chiang (US 7,787,643 B2)

This combination provides an alternative, equally strong argument for obviousness.

  1. Glezerman '598 as the Base Reference: The Glezerman application is highly pertinent as it explicitly discloses "Eyeglasses with Integrated Hearing Assistance." Glezerman teaches a system with microphones, speakers, and a digital signal processor (DSP) housed within the eyeglass frame. This DSP is specifically for adjusting audio to a user's hearing needs, which is analogous to applying a "hearing profile."

  2. Chiang '643 as the Modifying Reference: As noted in the prior art analysis, Glezerman's primary focus is on amplifying ambient sounds captured by its own microphones. The '693 patent's claims specify processing wirelessly received audio signals. Chiang provides the missing element by teaching the use of a wireless receiver in eyeglasses to stream audio from an external device like a mobile phone.

  3. Motivation to Combine: A PHOSITA starting with Glezerman's hearing-enhancing glasses would recognize the commercial and functional benefit of adding wireless connectivity. By the priority date of the '693 patent, wireless streaming of audio via protocols like Bluetooth was ubiquitous in headphones, speakers, and car stereos. It would be an obvious and logical improvement to Glezerman's device to add this capability, allowing users to not only hear their environment better but also to stream phone calls, music, or other media through their personalized audio-enhancing eyeglasses. This would involve adding a standard wireless receiver module to Glezerman's existing circuitry, which would then feed the received audio signal into the already-present DSP for hearing enhancement. The result would be the exact system claimed in the '693 patent.


Analysis of Goldberg (US 8,666,099 B2) as a Standalone Reference

The Goldberg '099 patent, on its own, comes very close to anticipating the claims and certainly renders them obvious.

  • Goldberg's Disclosures: Goldberg teaches an "ear-level audio communication and hearing-aid device" that can be attached to or integrated with eyeglasses. It explicitly describes:

    • A wireless receiver for streaming audio.
    • A processor for applying "hearing correction" based on a user's audiogram (which is a "hearing profile").
    • A speaker for outputting the corrected audio.
    • A power source.
  • Obviousness Argument: The primary distinction between Goldberg and claim 1 of the '693 patent is the precise location of the components. Claim 1 requires the components to be "housed within one of the first and second temples." Goldberg describes embodiments that are "attachable to" or "integrated with" eyeglasses. For a PHOSITA, it would be an obvious design choice to take the functioning system described by Goldberg and fully embed it within the temple of the eyeglasses for a more seamless and aesthetically pleasing design. The trend in consumer electronics is consistently toward greater integration and miniaturization. Modifying an "attachable" module to be an "embedded" module is a predictable variation in form factor, not an inventive step, especially when other prior art like Chiang already demonstrated the feasibility of embedding such components in eyeglass temples.

Conclusion

The claims of U.S. Patent 11,644,693 are highly susceptible to an obviousness challenge under 35 U.S.C. § 103. The prior art, particularly the combinations of Chiang '643 and Sliwa '141 or Glezerman '598 and Chiang '643, teaches all the elements of the independent claims. Furthermore, the Goldberg '099 patent alone teaches nearly every functional aspect of the claimed invention, with the only notable difference being a matter of physical packaging and integration that would be considered an obvious design choice to one skilled in the art. The motivation to combine these references—to create a more functional, convenient, and aesthetically integrated product—is clear and compelling.

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