Obviousness

Obviousness Analysis of US Patent 11852901 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US Patent 11852901 (the '901 patent) obvious to a person having ordinary skill in the art (PHOSITA) at the time of the invention. The primary inventive features of the '901 patent's independent claims (Claim 1 and Claim 9) revolve around a pair of glasses functioning as a wireless headset, capable of both hearing enhancement and voice calls, with the crucial aspect of automatically disabling the hearing enhancement mode during a voice call and automatically reactivating it thereafter.

Key Features of Independent Claims

Claim 1 describes a pair of glasses comprising:

• Temples with an embedded electrical connector, printed circuit board, and at least one electrical component.
• A speaker and a microphone electrically connected to the electrical component.
• A wireless transceiver electrically connected to the electrical component for wireless communication with an external electronic device.
• A controller electrically connected to the electrical component, speaker, microphone, and wireless transceiver, configured to operate in a voice call mode.
• Crucially, the controller is configured to automatically disable a hearing enhancement mode when a voice call is incoming or active, and to automatically reactivate the hearing enhancement mode after the voice call ends.

Claim 9 describes a system including the pair of glasses of Claim 1 and an external electronic device, with the controller programmed for the same automatic disabling and reactivation of the hearing enhancement mode during/after a voice call.

The core distinguishing feature of the independent claims is the automated management of the hearing enhancement mode in conjunction with a voice call (i.e., automatic disabling during a call and automatic reactivation after a call).

Prior Art References and General Knowledge

The '901 patent itself provides several pieces of information relevant to prior art and the state of knowledge:

1. Eyeglasses with Electrical Components: The '901 patent claims priority to U.S. Provisional Patent Application No. 60/618,107, filed Oct. 12, 2004, entitled "TETHERED ELECTRICAL COMPONENTS FOR EYEGLASSES," which is incorporated by reference. This document establishes the concept of integrating electrical components into eyeglasses.
2. Eyeglasses with Hearing Enhancement: The '901 patent also claims priority to U.S. Provisional Patent Application No. 60/620,238, filed Oct. 18, 2004, entitled "EYEGLASSES WITH HEARING ENHANCED AND OTHER AUDIO SIGNAL-GENERATING CAPABILITIES," also incorporated by reference. This explicitly teaches eyeglasses with hearing enhancement capabilities. The '901 patent further elaborates that "a pair of glasses can be provided with hearing enhancement and other signal generating capabilities" and "a pair of glasses, with speakers has hearing enhancement capabilities."
3. Wireless Headset Functionality for Voice Calls: The patent acknowledges the existence of wireless headsets for mobile phones: "head-sets have been developed to operate in a wireless manner, without the need of a cord connected to the mobile phone. one popular type of wireless head-set uses Bluetooth wireless transmissions to communicate between the head-set and the corresponding mobile phone." It also states that "the glasses can include the electrical components to operate as a phone." This demonstrates that integrating wireless communication (speaker, microphone, transceiver) for voice calls into a headset form factor (and by extension, into glasses) was known in the art.
4. Management of Hearing Enhancement Mode: The '901 patent states, "Hearing enhancement does not have to be fully functional at all times." It further describes that "the hearing enhancement function is on demand" and that "the enhancement can go into a sleep mode when there is no audio fluctuation beyond a certain threshold in the ambient environment." Critically, the patent also explicitly discloses that "the hearing enhancement mode can be deactivated. one or more functionalities of the hearing enhancement mode can operate on the incoming call."

Obviousness Argument

A PHOSITA would have been motivated to combine the features of eyeglasses with hearing enhancement with the widely known functionality of wireless headsets for voice calls, resulting in a versatile wearable device.

1. Combination of Eyeglasses with Hearing Enhancement and Wireless Voice Call Functionality:

   • U.S. Provisional Patent Application No. 60/620,238 (or the general description of "EYEGLASSES WITH HEARING ENHANCED AND OTHER AUDIO SIGNAL-GENERATING CAPABILITIES" within the '901 patent itself) teaches the fundamental concept of eyeglasses with hearing enhancement capabilities, including speakers for audio output.
   • General knowledge in the art, explicitly acknowledged by the '901 patent, includes wireless headsets (e.g., Bluetooth headsets) that provide speakers, microphones, wireless transceivers, and a controller for handling voice calls with external electronic devices like mobile phones.
   • A PHOSITA, seeking to create a sophisticated and convenient wearable device, would be motivated to integrate these functionalities. The patent itself suggests this integration, stating that "the glasses function as a headset and are adaptable for different applications, such as hearing enhancement, communication (e.g. phone operation)" and "the glasses can be a cell phone wireless head set, such as a Bluetooth cordless headset".

2. Motivation for Automatic Disabling of Hearing Enhancement During Voice Calls:

   • When both hearing enhancement (which amplifies ambient sounds) and voice call audio are active simultaneously, a PHOSITA would recognize that the amplified ambient noise could interfere with the clarity of the voice call or create a distracting and potentially overwhelming audio experience for the user.
   • The '901 patent itself provides the motivation and solution by stating, "the hearing enhancement mode can be deactivated. one or more functionalities of the hearing enhancement mode can operate on the incoming call." This demonstrates that the need to manage (e.g., deactivate) the hearing enhancement mode during a call was already contemplated or considered a logical step.

3. Motivation for Automatic Reactivation of Hearing Enhancement After Voice Calls:

   • Once a hearing enhancement mode has been temporarily disabled for a specific event (a voice call), it would be an obvious design choice for a PHOSITA to automatically reactivate that mode when the temporary event concludes. This provides a seamless and user-friendly experience, eliminating the need for manual intervention.
   • The '901 patent's disclosure of other automatic management features for hearing enhancement, such as the function going "on demand" and into a "sleep mode when there is no audio fluctuation beyond a certain threshold in the ambient environment", further supports the idea that automatic control of the hearing enhancement mode based on contextual factors (like the presence or absence of a phone call) is within the realm of a PHOSITA's ordinary skill and desirable design objectives. Automatically restoring the user's preferred listening mode (hearing enhancement) after a temporary interruption (a call) is a logical extension of these automatic management principles.

Therefore, the combination of eyeglasses with hearing enhancement (taught by the applicant's own incorporated provisional U.S. Provisional Patent Application No. 60/620,238) with known wireless headset technology for voice calls, coupled with the clear motivation within the '901 patent itself to manage hearing enhancement during calls and to provide a convenient user experience through automatic function management, would render the claims of US11852901 obvious to a PHOSITA.