DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Amendment Entered
This Office action is responsive to the Amendment filed on November 7th, 2025. The examiner acknowledges the amendments to claims 1, 5, 7, 9, and 18. Claims 1-25 remain pending in the application.
Response to Arguments
Applicant’s arguments, filed November 7th, 2025, with respect to the rejection claims 1-17 under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed November 7th, 2025, with respect to the rejection claims 18-25 under 35 U.S.C. 103 have been considered but are not persuasive. At page Applicant argues that none of the cited references suggest an interface pressure sensor as claimed and that Peterson alone or in combination does not teach positioning an interface pressure sensor against an interior ear. Examiner respectfully disagrees. Peterson was not relied upon in the rejection of claims 18-25. Rather, Oommen was relied upon in the rejection of claims 18-25. Oommen discloses in col. 1 lines 55-58, col. 6 lines 30-37, & col. 9 lines 54-56, that a wearable audio device 101 comprising an eartip with an electrically active material 108 seals against the interior surface of the ear canal of the ear of the user and generates signals in response to pressure or deformation of the electrically active material. Oommen does not expressly disclose the interface pressure sensor as claimed and further that the electrical property sampled corresponds to a magnitude of pressure applied normal to the sensing surface.
However, Duqi was relied upon to disclose a packaged pressure sensor comprising a sidewall (lateral walls 2b of container 2, para. [0052], figs. 5-6) defining a volume (cavity 4, para. [0052], figs. 5-6); a microelectromechanical pressure sensor (pressure/MEMs sensor 6”, para. [0023], figs. 5-6) disposed within the volume (as seen in figures 5-6, para. [0022]); an application specific integrated circuit (ASIC 6’, figs 5-6) conductively coupled to the microelectromechanical pressure sensor (ASIC 6′, mounted on which is a pressure sensor 6 … electrically coupled … wires″, para. [0023-0024], figs. 5-6) and configured to sample an electrical property of the microelectromechanical pressure sensor (“communicate with the MEMS sensor 6″ … receiving signals therefrom”; “convert … into an electrical signal … force”, para. [0027, 0036]); and an infill (filling layer 31, para. [0051], figs. 5-6) formed from a polymeric material (polydimethylsiloxane, para. [0051]) enclosing and sealing the microelectromechanical pressure sensor and the application specific integrated circuit within the volume (“surrounding”, para. [0051], as seen in figures 5-6), the infill when cured (solidify … curing step, para. [0034]) defining a sensing surface above the microelectromechanical pressure sensor (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen such that the biometric sensor comprises: a sidewall defining a volume; a microelectromechanical pressure sensor disposed within the volume; an application specific integrated circuit conductively coupled to the microelectromechanical pressure sensor and configured to sample an electrical property of the microelectromechanical pressure sensor and to correlate one or more samples of the electrical property to a biometric characteristic of a wearer of the earbud electronic device; and an infill formed from a polymeric material enclosing and sealing the microelectromechanical pressure sensor and the application specific integrated circuit within the volume, the infill when cured defining a sensing surface above the microelectromechanical pressure sensor, in view of the teachings of Duqi, as such a modification would have been merely a substitution of the ASIC and electrically active material disposed on the eartip of Oommen for the packaged pressure sensor of Duqi to gather the sensor/pressure/input data applied to the device.
Furthermore, Stone directed to touch sensitive devices was relied upon to disclose that the electrical property sampled (intensity of contact/pressure, para. [0091]) corresponds to a magnitude of pressure applied (amount of pressure applied, para. [0091]) normal to sensing surface (para. [0214], shear of touch … a force vector perpendicular to the surface normal of a touchscreen) of the earbud electronic device (contact of an object(s)… with the touch sensitive surface 104, para. [0085, 0091]). Stone further discloses shear force measurements obtained (e.g. by the sensors of the sensor component 106) in connection with the contact of the object with or proximity of the object to the touch sensitive surface 104 and that the level of intensity of contact can relate to, for example an amount of pressure applied by an object on the touch sensitive surface 104 (para. [0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi hereinabove, such that the electrical property sampled corresponds to a magnitude of pressure applied normal to sensing surface by an ear canal skin surface of the wearer of the earbud electronic device, in view of the teachings of Stone, in order to detect the level of intensity of shear force/shear of touch of contact of the interior surface of the ear canal with the touch sensitive surface/pressure sensor.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sharpe (US 20150172827 A1) in view of Duqi (US 20180148316 A1), and further in view of Takeuchi (US 20170067790 A1).
Regarding claim 1, Sharpe discloses a wearable electronic device (“wearable computerized earpiece”, para. [0033]; 156, fig. 1) comprising: an enclosure (“housing”, para. [0033]) defining an exterior surface (“an outer portion”, para. [0033]); an interface pressure sensor comprising: a pressure sensor (“one or more pressure sensors”, para. [0034], fig. 1) configured to sense a pressing force (“indication of a particular pressure level”, para. [0039]) applied by a surface of an ear canal (“ear canal”, para. [0039]) of a wearer of the wearable electronic device against which at least a portion of the enclosure contacts when worn by the wearer of the electronic device (“pressure sensors … engage … ear canal … indication of a particular pressure level”, para. [0033, 0039]); and a sensing surface (“outer portion … circumference”, para. [0034]) that: defines at least a portion of the exterior surface of the enclosure of the wearable electronic device (“sensors are disposed on an outer portion of the housing”; “sensors engage at least a portion … ear canal”, para. [0034, 0039], fig. 1); and is configured to receive the pressing force applied by the surface of the ear canal against the interface pressure sensor (“pressure sensors … engage … ear canal … indication of a particular pressure level”, para. [0039]); and a processor communicably coupled to the interface pressure sensor (computing devices 154, 156 having computer architecture 120 including processing device 202, figs. 1-2, para. [0022]) and configured to receive, as input, output of the interface pressure sensor (“system … receiving sensor data”, para. [0036]) and, in response: determine a health parameter of a wearer of the wearable electronic device (“system … receive … sensor data may be used to determine … pulse rate … blood pressure, para. [0036]).
Sharpe does not disclose the interface pressure sensor comprising: a shear wall formed from a rigid material and defining a module volume; and a microelectromechanical barometric pressure sensor disposed within the module volume; and an infill material comprising a polymer material disposed within the module volume and encapsulating the microelectromechanical barometric pressure sensor within the module volume, the infill once cured defining a sensing surface that: defines at least a portion of the exterior surface of the enclosure of the wearable electronic device; and is configured to receive the pressing force applied.
However, Duqi directed to a packaged pressure sensor discloses an interface pressure sensor (packaged pressure sensor 29, 33, figs. 5-6) comprising: a shear wall (lateral walls 2b of container 2, para. [0052], figs. 5-6) formed from a rigid material (ceramic material, para. [0049]) and defining a module volume (cavity 4, para. [0052], figs. 5-6); and a microelectromechanical pressure sensor (pressure/MEMs sensor 6”, para. [0023], figs. 5-6) disposed within the module volume (as seen in figures 5-6, para. [0022]) and configured to sense a pressing force applied (“pressure … directly applied”; “pressing force … sole of smart shoe, touchscreens”; “wearable devices”, para. [0057-0058, 0069-0070]); and an infill material (filling layer 31, para. [0051], figs. 5-6) comprising a polymer material (polydimethylsiloxane, para. [0051]) disposed within the module volume (as seen in figures 5-6, “31 … completely fills the internal cavity 4” para. [0051]) and encapsulating the microelectromechanical pressure sensor within the module volume (“surrounding”, para. [0051], as seen in figures 5-6), the infill once cured (solidify … curing step, para. [0034]) defining a sensing surface that: defines at least a portion of the exterior surface of the enclosure of the wearable electronic device (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6); and is configured to receive the pressing force (pressure … directly applied to filling layer 31, para. [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe such that the interface pressure sensor further comprises: a shear wall formed from a rigid material and defining a module volume; and a microelectromechanical pressure sensor disposed within the module volume and configured to sense a pressing force applied; and an infill material comprising a polymer material disposed within the module volume and encapsulating the microelectromechanical pressure sensor within the module volume, the infill once cured defining a sensing surface that defines at least a portion of the exterior surface of the enclosure of the wearable electronic device; and is configured to receive the pressing force, in view of the teachings of Duqi, as such a modification would have been merely a substitution of the pressure sensors disposed in the outer portion of the housing of Sharpe for the packaged pressure sensor of Duqi to gather the pressure sensor readings applied by the ear canal.
Sharpe and Duqi do not expressly disclose a microelectromechanical barometric pressure sensor.
However, Takeuchi discloses a wristwatch-type portable apparatus (fig. 1, para. [0042]) having a sensor unit 1 (figs. 1 & 3, para. [0049, 0067]) comprising a microelectromechanical barometric pressure sensor (“MEMS-type barometric pressure sensor”, para. [0049, 0067], fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi hereinabove, such that the interface pressure sensor further comprises a microelectromechanical barometric pressure sensor, in view of the teachings of Takeuchi, as such a modification would have been merely a substitution of the MEMS pressure sensor for the MEMS-type barometric pressure sensor of Takeuchi to sense pressure.
Regarding claim 2, Sharpe, as modified by Duqi and Takeuchi hereinabove, further discloses the wearable electronic device of claim 1, wherein the wearable electronic device is configured to be positioned in contact with an ear of the wearer (para. [0039]).
Regarding claim 3, Sharpe, as modified by Duqi and Takeuchi hereinabove, further discloses the wearable electronic device of claim 2, wherein the sensing surface (“outer portion”, para. [0034, 0039]) is configured to interface with a skin surface of the ear of the wearer when the wearable electronic device is worn by the wearer (“engage … ear canal”, para. [0039]).
Regarding claim 4, Sharpe, as modified by Duqi and Takeuchi hereinabove, further discloses the wearable electronic device of claim 1, comprising: a speaker (“speaker”, para. [0033]); and the sensing surface is positioned relative to the speaker (speaker portion may extend through the housing … sensors orbitally positioned about a circumference of a portion of the earpiece, para. [0033-0034]).
Regarding claim 6, Sharpe, as modified by Duqi and Takeuchi hereinabove, further discloses the wearable electronic device of claim 1, wherein: the processor is configured to receive as input, output of the interface pressure sensor and in response determine the health parameter of the wearer of the wearable electronic device (“system … receiving sensor data”, para. [0036]) and in response determine the health parameter of the wearer of the wearable electronic device (“system … receive … sensor data may be used to determine … pulse rate … blood pressure, para. [0036]); and the health parameter is selected from a group consisting of: heartrate; respiration rate; and blood pressure (“pulse rate … blood pressure”, para. [0036]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sharpe in view of Duqi and Takeuchi, as applied to claim 4 above, and further in view of Oommen (US 10860114 B1).
Regarding claim 5, Sharpe, as modified by Duqi and Takeuchi hereinabove, further discloses the wearable electronic device of claim 4. Sharpe, as modified by Duqi and Takeuchi hereinabove, does not expressly disclose wherein: the processor is configured to receive as input, output of the interface pressure sensor and in response change an operational mode of the wearable electronic device; and the operational mode is selected from a group consisting of: playing media through the speaker; pausing media through the speaker; changing volume of media played through the speaker; initiating or terminating ambient noise cancellation; and launching a smart assistant.
However, Oommen directed to a wearable audio device 100,101 comprising an electrically active material 108 responsive to pressure or deformation and a processing device 210 (col. 7 lines 8-28, fig. 3a & col. 8 lines 60-64) discloses the processor is configured to receive as input, output of the interface pressure sensor and in response change an operational mode of the wearable electronic device (“210 … signals … received”; “signals … functions … performed or activated”, col. 8 lines 60-64 & column 9 lines 54-67); and the operational mode is selected from a group consisting of: playing media through the speaker; pausing media through the speaker; changing volume of media played through the speaker; initiating or terminating ambient noise cancellation; and launching a smart assistant (column 9 lines 62-67 and column 10 lines 1-4, functions of an external electronic device which may be performed or activated responsive to the wearable audio device 101 detecting a particular facial movement include start or stop rendering of audio, skip an audio track, raise or lower volume of rendered audio, initiate or terminate a phone call, activate or deactivate active noise reduction, select a level of active noise reduction, invoke a virtual personal assistant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi and Takeuchi hereinabove, such that the processor is configured to receive as input, output of the interface pressure sensor and in response change an operational mode of the wearable electronic device; and the operational mode is selected from a group consisting of: playing media through the speaker; pausing media through the speaker; changing volume of media played through the speaker; initiating or terminating ambient noise cancellation; and launching a smart assistant, in view of the teachings of Oommen, for the obvious advantage of activating or performing functions in response to the signals generated by the wearable audio device.
Claim 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sharpe in view of Duqi and Takeuchi, as applied to claim 1 above, and further in view of Jackson (US 10757491 B1)
Regarding claim 7, Sharpe, as modified by Duqi and Takeuchi hereinabove, discloses the wearable electronic device of claim 1, wherein: the interface pressure sensor is a first interface pressure sensor (“one or more pressure sensors”, para. [0034], fig. 1); the sensing surface is a first sensing surface (“outer portion … circumference”, para. [0034]); and the processor is configured to: receive as a first input, output of the first interface pressure sensor (“system … receiving sensor data”, para. [0036]) and in response determine the health parameter of the wearer of the wearable electronic device (“system … receive … sensor data may be used to determine … pulse rate … blood pressure, para. [0036]). Sharpe further discloses that the housing may be slipped over a base portion that includes various electrical components that the earpiece comprises (e.g., one or more processors, batteries, speakers, sensors, etc.), that the housing is at least partially disposed within the ear canal and the remainder of the earpiece is disposed adjacent the individual's outer ear (para. [0033]).
Sharpe, as modified by Duqi and Takeuchi hereinabove, does not disclose that the wearable electronic device comprises a second interface pressure sensor defining a second sensing surface separated from the first sensing surface; and the processor is configured to: receive as a second input, output of the second interface pressure sensor and in response change an operational mode of the wearable electronic device.
However, Jackson directed to a wearable audio device 800 discloses the wearable electronic device (800, fig. 8) comprises a second interface pressure sensor (second touch-sensitive region 830b, fig. 8, “sensors”, col. 18 lines 20-39 & col. 23 line 60 - col. 24 line 10) defining a second sensing surface separated from the first sensing surface (first-touch sensitive region 830a and second touch-sensitive region, as seen in fig. 8, col. 18 lines 20-39); and the processor is configured to: receive as a second input, output of the second interface pressure sensor and in response change an operational mode of the wearable electronic device (figs. 1A and 8, col. 16 lines 23-26 & col. 18 lines 49-53, processing unit of the wearable audio device 600 may receive input … control one or more functions … controlling an audio).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi and Takeuchi hereinabove, such that the wearable electronic device comprises a second interface pressure sensor defining a second sensing surface separated from the first sensing surface; and the processor is configured to: receive as a second input, output of the second interface pressure sensor and in response change an operational mode of the wearable electronic device, in view of the teachings of Jackson for the obvious advantage of controlling an audio playback function, activate a voice command mode in response to detecting a second gesture input by incorporating the second touch-sensitive region/sensor into the base/remainder of the earpiece that is disposed adjacent to the ear of Sharpe.
Regarding claim 8, Sharpe, as modified by Duqi, Takeuchi, and Jackson hereinabove, discloses the wearable electronic device of claim 7, wherein: the enclosure defines a first portion configured to interface with a skin surface of an ear of a wearer when the wearable electronic device is worn by the wearer (“housing … disposed … ear canal”, para. [0033, 0036]); the enclosure defines a second portion extending from the first portion (“base”; “housing … slipped over a base portion … remainder of the earpiece is disposed adjacent the individual's outer ear”, para. [0033]); the first interface pressure sensor is disposed within the first portion (“one or more sensors are disposed on an outer portion of the housing”, para. [0034]); and the second interface pressure sensor is disposed within the second portion (“base portion that includes various electrical components that the earpiece comprises (e.g., one or more processors, batteries, speakers, sensors, etc.)”, para. [0033]).
Claims 9 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sharpe in view of Duqi, and further in view of Chiou (US 9846095 B2).
Regarding claim 9, Sharpe discloses an electronic device configured to be worn in contact with an ear of a user, the electronic device comprising: an enclosure (“customized wearable computerized earpiece … housing … base”, para. [0033]) defining: a first portion (“housing … disposed … ear canal”, para. [0033, 0036]) at least partially enclosing a speaker (“speaker portion may extend at least partially through the housing”, para. [0034]), and configured to interface at least in part with a skin surface of an ear canal of the ear (“disposed … within their ear canal”; “engage”, para. [0033-0034, 0039]); and a second portion extending from the first portion (“base”; “housing … slipped over a base portion … extend … remainder of the earpiece is disposed adjacent the individual's outer ear”, para. [0033]); an interface pressure sensor (“one or more pressure sensors”, para. [0034], fig. 1) within the first portion (“on or more pressure sensors … orbitally positioned about a circumference … of the housing”, para. [0034]) and defining a sensing surface (“outer portion … circumference”, para. [0034]), the sensing surface (“outer portion … circumference”, para. [0034]) configured to receive a pressing force applied to the enclosure by the ear canal skin surface of the user (“pressure sensors … engage … ear canal … indication of a particular pressure level”, para. [0039]); and a processor in communication with the interface pressure sensor (computing devices 154, 156 having computer architecture 120 including processing device 202, figs. 1-2, para. [0022]) and configured to receive input from the interface pressure sensor (“system … receiving sensor data”, para. [0036]) and, in response, determine a health parameter of the user based at least in part on the pressing force applied by the ear canal skin surface to the enclosure (“system … receive … sensor data may be used to determine … pulse rate … blood pressure, para. [0034-0036]).
Sharpe does not disclose the interface pressure sensor comprising a rigid wall defining a volume in which a fluid pressure sensor is disposed and encapsulated by a polymer infill material that, when cured, defines the sensing surface configured to receive a pressing force applied to the enclosure by the ear canal skin surface of the user.
However, Duqi directed to a packaged pressure sensor discloses an interface pressure sensor (packaged pressure sensor 29, 33, figs. 5-6) defining a sensing surface (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6), the interface pressure sensor comprising a rigid wall (ceramic material; lateral walls 2b of container 2, para. [0049, 0052], figs. 5-6) defining a volume (cavity 4, para. [0052], figs. 5-6) in which a pressure sensor (pressure/MEMs sensor 6”, para. [0023], figs. 5-6) is disposed (as seen in figures 5-6, para. [0022]) and encapsulated by a polymer infill material (filling layer 31 … completely fills …. surrounding the sensor chip 6; polydimethylsiloxane, para. [0051], figs. 5-6) that, when cured (solidify … curing step, para. [0034]), defines the sensing surface (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6) configured to receive a pressing force applied to the enclosure (pressure … directly applied to filling layer 31, para. [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe such that the interface pressure sensor comprising a rigid wall defining a volume in which a pressure sensor is disposed and encapsulated by a polymer infill material that, when cured, defines the sensing surface configured to receive a pressing force applied to the enclosure by the ear canal skin surface of the user, in view of the teachings of Duqi, as such a modification would have been merely a substitution of the pressure sensors disposed in the outer portion of the housing of Sharpe for the packaged pressure sensor of Duqi to gather the pressure sensor readings applied by the ear canal.
Sharpe, as modified by Duqi hereinabove, does not expressly disclose a fluid pressure sensor.
However, Chiou directed to a 3D stacked piezoresistive pressure sensor, discloses a fluid pressure sensor (fig. 16, col. 5 lines 58-64 & col. 9 lines 20-23, MEMs pressure sensing element … provided with a fluid having a pressure that is to be sensed; MEMS pressure sensing element 1622; a fluid can exert a pressure against the backside 1630 of a diaphragm 1632 formed in the pressure sensing element 1622).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi hereinabove, such that the interface pressure sensor comprises a fluid pressure sensor, in view of the teachings of Chiou, as such a modification would have been merely a substitution of the MEMs pressure sensor of Sharpe, as modified by Duqi hereinabove, for the MEMS pressure sensing element of Chiou to sense pressure.
Regarding claim 15, Sharpe, as modified by Duqi and Chiou hereinabove, discloses the electronic device of claim 9. Sharpe, as modified by Duqi and Chiou hereinabove, does not disclose wherein the interface pressure sensor comprises: a shear wall defining a module volume; a pressure sensor disposed within the module volume; and an infill enclosing the pressure sensor within the module volume and defining the sensing surface.
However, Duqi directed to an interface pressure sensor (packaged pressure sensor 29, 33, figs. 5-6) discloses wherein the interface pressure sensor comprises: a shear wall (lateral walls 2b of container 2, para. [0052], figs. 5-6) defining a module volume (cavity 4, para. [0052], figs. 5-6); a pressure sensor (pressure/MEMs sensor 6”, para. [0023], figs. 5-6) disposed within the module volume (as seen in figures 5-6, para. [0022]); and an infill (filling layer 31, para. [0051], figs. 5-6) enclosing the pressure sensor within the module volume (“surrounding”, para. [0051], as seen in figures 5-6) and defining the sensing surface (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi and Chiou hereinabove, such that the interface pressure sensor comprises: a shear wall defining a module volume; a pressure sensor disposed within the module volume; and an infill enclosing the pressure sensor within the module volume and defining the sensing surface, in view of the teachings of Duqi, as such a modification would have been merely a substitution of the pressure sensors disposed in the outer portion of the housing of Sharpe for the packaged pressure sensor of Duqi to gather the pressure sensor readings applied by the ear canal.
Regarding claim 16, Sharpe, as modified by Duqi and Chiou hereinabove, discloses the electronic device of claim 15, wherein the pressure sensor is a microelectromechanical sensor (Duqi, para. [0023], figs. 5-6, “pressure/MEMs sensor 6”).
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sharpe in view of Duqi and Chiou, as applied to claim 9 above, and further in view of Jackson.
Regarding claim 10, Sharpe, as modified by Duqi and Chiou hereinabove, discloses wherein: the interface pressure sensor is a first interface pressure sensor (“one or more pressure sensors”, para. [0034], fig. 1); the sensing surface is a first sensing surface (“outer portion … circumference”, para. [0034]). Sharpe further discloses that the housing may be slipped over a base portion that includes various electrical components that the earpiece comprises (e.g., one or more processors, batteries, speakers, sensors, etc.), that the housing is at least partially disposed within the ear canal and the remainder of the earpiece is disposed adjacent the individual's outer ear (para. [0033]).
Sharpe, as modified by Duqi and Chiou hereinabove, does not disclose that the electronic device comprises a second interface pressure sensor disposed within the second portion and defining a second sensing surface; and the processor is in communication with the second interface pressure sensor and is configured to receive input from the second interface pressure sensor and, in response, determine a health parameter of the user.
However, Jackson directed to a wearable audio device 800 having an enclosure 810 having a main unit 814, a stem 818 and multiple touch-sensitive regions 830a-b discloses that the electronic device (800, fig. 8) comprises a second interface pressure sensor (second touch-sensitive region 830b, fig. 8, “sensors”, col. 18 lines 20-39 & col. 23 line 60 - col. 24 line 10) disposed within the second portion (stem 818, as seen in fig. 8) and defining a second sensing surface (second touch-sensitive region, as seen in fig. 8, col. 18 lines 20-39); and the processor is in communication with the second interface pressure sensor (figs. 1A and 8, col. 16 lines 23-26 & col. 18 lines 49-53, processing unit of the wearable audio device 600 may receive input). Jackson further discloses that the enclosure may include a main unit and a stem, that the stem may extend from the main unit and include additional sensors to receive a touch or gesture input (col. 5 line 61 – col. 6 line 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi and Chiou hereinabove, such that the electronic device comprises a second interface pressure sensor disposed within the second portion and defining a second sensing surface; and the processor is in communication with the second interface pressure sensor, in view of the teachings of Jackson for the obvious advantage of providing additional sensors to detect a second gesture input by incorporating the stem having the second touch-sensitive region/sensor of Jackson into the base/remainder of the earpiece that is disposed adjacent to the ear of Sharpe.
Furthermore, Sharpe, as modified by Duqi, Takeuchi, and Jackson hereinabove, discloses the processor is in communication with the second interface pressure sensor and is configured to receive input from the second interface pressure sensor and, in response, determine a health parameter of the user (“system … receive … sensor data may be used to determine … pulse rate … blood pressure … other values derived from sensor data … occur to those of skill in the art, para. [0036], fig. 2).
Regarding claim 11, Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, discloses the electronic device of claim 10, wherein the first sensing surface is configured to interface with the skin surface (“engage … ear canal”, para. [0033, 0039]).
Regarding claim 12, Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, discloses the electronic device of claim 11, wherein the health parameter is a heart rate or a respiration rate (“heart rate”, para. [0034, 0036, 0045]).
Regarding claim 13, Sharpe, as modified by Duqi, Chiou, and Jackson hereinabove, discloses the electronic device of claim 10. Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, does not disclose wherein the processor is configured to receive input from one or both of the first interface pressure sensor and the second interface pressure sensor and, in response, cause a task to be performed by a second electronic device in communication with the electronic device.
However, Jackson discloses a processor (“processing unit”, col. 18 lines 49-53) is configured to receive input from one or both of the first interface pressure sensor and the second interface pressure sensor and, in response, cause a task to be performed by a second electronic device in communication with the electronic device (figs. 1A and 8, col. 16 lines 23-26 & col. 18 lines 49-53, processing unit of the wearable audio device 600 may receive input … control one or more functions … controlling an audio).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, such that the processor is configured to receive input from one or both of the first interface pressure sensor and the second interface pressure sensor and, in response, cause a task to be performed by a second electronic device in communication with the electronic device, in view of the teachings of Jackson, for the obvious advantage of controlling an audio playback function and activating a voice command mode in response to detecting a gesture input.
Regarding claim 14, Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, discloses the electronic device of claim 13. Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, does not disclose wherein the task is among a group consisting of: launching a smart assistant; initiating a telephone call; and terminating a telephone call.
However, Jackson discloses that the task is among a group consisting of: launching a smart assistant; initiating a telephone call; and terminating a telephone call (col. 3 lines 48-62 & col. 18 lines 49-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi, Chiou and Jackson hereinabove, such that the task is among a group consisting of: launching a smart assistant; initiating a telephone call; and terminating a telephone call, in view of the teachings of Jackson, in order to perform the functions of answering or ending a call and activating a voice command mode for interacting with an intelligent digital assistant in response to detecting a gesture input.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sharpe in view of Duqi, and Chiou, as applied to claim 16 above, and further in view of Takeuchi.
Regarding claim 17, Sharpe, as modified by Duqi and Chiou hereinabove, further discloses the electronic device of claim 16. Sharpe, as modified by Duqi and Chiou hereinabove, does not disclose wherein the pressure sensor is a barometric pressure sensor.
However, Takeuchi discloses a wristwatch-type portable apparatus (fig. 1, para. [0042]) having a sensor unit 1 (figs. 1 & 3, para. [0049, 0067]) comprising a microelectromechanical barometric pressure sensor (“MEMS-type barometric pressure sensor”, para. [0049, 0067], fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharpe, as modified by Duqi and Chiou hereinabove, such that the pressure sensor is a barometric pressure sensor, in view of the teachings of Takeuchi, as such a modification would have been merely a substitution of the MEMS pressure sensor for the MEMS-type barometric pressure sensor of Takeuchi to sense pressure.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oommen in of Duqi, and further in view of Stone (US 20200356210 A1).
Regarding claim 18, Oommen discloses a biometric sensor for an earbud electronic device (fig. 3, col. 12 lines 8-12, electrically active material 108 disposed within or on a wearable audio device used to provide a signal indicative of a pulse of a user wearing the wearable audio device), the biometric sensor comprising: a pressure sensor (fig. 3, col. 6 lines 64-67, pressure or deformation sensor including electrically active material 108) and application specific integrated circuit (“application specific integrated circuit (ASIC)”; col. 8 lines 55-60) configured to sample an electrical property of the pressure sensor (col. 8 lines 55-67 & col. 9 lines 54-56, “process signal received”; “signals generated by deformation of the electrically active material 108”) and correlates one or more samples of the electrical property to a biometric characteristic of a wearer of the earbud electronic device (col. 12 lines 4-6 and 10-12, electrically active material 108 that may provide a signal responsive to deformation or pressure indicative of a pulse of a user wearing the wearable audio device); wherein: the electrical property sampled corresponds to a magnitude of pressure applied to the sensing surface by an ear canal skin surface of the wearer of the earbud electronic device (col. 1 lines 55-58, col. 6 lines 30-37, & col. 9 lines 54-56, “deformation or pressure applied to the eartip … electrical properties”; “eartip … seal against the interior surface of the ear canal of the ear of the user”; ” “signals generated by deformation of the electrically active material 108” (Examiner note: deformation applied to the eartip located in the ear canal of the user would be applied by an ear canal skin surface of the wearer)).
Oommen does not disclose the biometric sensor comprising a sidewall defining a volume; a microelectromechanical pressure sensor disposed within the volume; an application specific integrated circuit conductively coupled to the microelectromechanical pressure sensor; and an infill formed from a polymeric material enclosing and sealing the microelectromechanical pressure sensor and the application specific integrated circuit within the volume, the infill when cured defining a sensing surface above the microelectromechanical pressure sensor.
However, Duqi discloses a packaged pressure sensor comprising a sidewall (lateral walls 2b of container 2, para. [0052], figs. 5-6) defining a volume (cavity 4, para. [0052], figs. 5-6); a microelectromechanical pressure sensor (pressure/MEMs sensor 6”, para. [0023], figs. 5-6) disposed within the volume (as seen in figures 5-6, para. [0022]); an application specific integrated circuit (ASIC 6’, figs 5-6) conductively coupled to the microelectromechanical pressure sensor (ASIC 6′, mounted on which is a pressure sensor 6 … electrically coupled … wires″, para. [0023-0024], figs. 5-6) and configured to sample an electrical property of the microelectromechanical pressure sensor (“communicate with the MEMS sensor 6″ … receiving signals therefrom”; “convert … into an electrical signal … force”, para. [0027, 0036]); and an infill (filling layer 31, para. [0051], figs. 5-6) formed from a polymeric material (polydimethylsiloxane, para. [0051]) enclosing and sealing the microelectromechanical pressure sensor and the application specific integrated circuit within the volume (“surrounding”, para. [0051], as seen in figures 5-6), the infill when cured (solidify … curing step, para. [0034]) defining a sensing surface above the microelectromechanical pressure sensor (filling layer 31 is directly exposed to the environment, pressure … directly applied to filling layer 31/top surface 31a, detected by the sensor chip 6, para. [0052, 0057], as seen in figures 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen such that the biometric sensor comprises: a sidewall defining a volume; a microelectromechanical pressure sensor disposed within the volume; an application specific integrated circuit conductively coupled to the microelectromechanical pressure sensor and configured to sample an electrical property of the microelectromechanical pressure sensor and to correlate one or more samples of the electrical property to a biometric characteristic of a wearer of the earbud electronic device; and an infill formed from a polymeric material enclosing and sealing the microelectromechanical pressure sensor and the application specific integrated circuit within the volume, the infill when cured defining a sensing surface above the microelectromechanical pressure sensor, in view of the teachings of Duqi, as such a modification would have been merely a substitution of the ASIC and electrically active material disposed on the eartip of Oommen for the packaged pressure sensor of Duqi to gather the sensor/pressure/input data applied to the device.
Oommen and Duqi do not expressly disclose that the electrical property sampled corresponds to a magnitude of pressure applied normal to sensing surface.
However, Stone directed to touch sensitive devices discloses that the electrical property sampled (intensity of contact/pressure, para. [0091]) corresponds to a magnitude of pressure applied (amount of pressure applied, para. [0091]) normal to sensing surface (para. [0214], shear of touch … a force vector perpendicular to the surface normal of a touchscreen) of the earbud electronic device (contact of an object(s)… with the touch sensitive surface 104, para. [0085, 0091]). Stone further discloses shear force measurements obtained (e.g. by the sensors of the sensor component 106) in connection with the contact of the object with or proximity of the object to the touch sensitive surface 104 and that the level of intensity of contact can relate to, for example an amount of pressure applied by an object on the touch sensitive surface 104 (para. [0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi hereinabove, such that the electrical property sampled corresponds to a magnitude of pressure applied normal to sensing surface by an ear canal skin surface of the wearer of the earbud electronic device, in view of the teachings of Stone, in order to detect the level of intensity of shear force/shear of touch of contact of the interior surface of the ear canal with the touch sensitive surface/pressure sensor.
Regarding claim 19, Oommen, as modified by Duqi and Stone hereinabove, further discloses the biometric sensor of claim 18, wherein the sensing surface forms at least a portion of an exterior surface of an enclosure of the earbud electronic device (fig. 3A, col. 7 lines 56-59, electrically active material 108 provides a plurality of disconnected film segments disposed about the circumference of the eartip 106).
Regarding claim 20, Oommen, as modified by Duqi and Stone hereinabove, discloses the biometric sensor of claim 18, wherein the sensing surface is coupled to an interior surface opposite an external surface of an enclosure of the earbud electronic device (“disposed on an internal surface or within the material of the eartip 106”, col. 6 line 64 – col. 7 line 7).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Oommen in view of Duqi and Stone, as applied to claim 18 above, and further in view of Takeuchi.
Regarding claim 21, Oommen, as modified by Duqi and Stone hereinabove, further discloses the biometric sensor of claim 18. Oommen, as modified by Duqi and Stone hereinabove, does not disclose a temperature sensor thermally coupled to the microelectromechanical pressure sensor; wherein the application specific integrated circuit is conductively coupled to the temperature sensor and is configured to modify the one or more samples of the electrical property based on output from the temperature sensor.
However, Takeuchi discloses a temperature sensor (fig. 2, para. [0059], temperature sensor 106) thermally coupled to the microelectromechanical pressure sensor (fig. 2, para. [0048, 0059]), wherein the application specific integrated circuit is conductively coupled to the temperature sensor (temperature sensor 106 coupled to analog-digital conversion unit 115, fig. 2, para. [0056]) and is configured to modify the one or more samples of the electrical property based on output from the temperature sensor (the detection results from the pressure sensor 107 can be corrected using the detection result of the temperature sensor 106, para. [0059]). Takeuchi further discloses that by obtaining the detected information using the plurality of sensors, the detection accuracy can be increased (paragraph [0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi and Stone hereinabove, to further comprise a temperature sensor that is thermally coupled to the microelectromechanical pressure sensor; and the application specific integrated circuit is conductively coupled to the temperature sensor and is configured to modify the one or more samples of the electrical property based on output from the temperature sensor in view of the teachings Takeuchi, for the obvious advantage of increasing the detection accuracy by correcting the pressure detection results using the temperature detection results.
Regarding claim 22, Oommen, as modified by Duqi and Stone hereinabove, further discloses the biometric sensor of claim 18 and a biometric characteristic from the electrically active element 108 (column 12 lines 8-12, electrically active material 108 disposed within a wearable audio device may be utilized to provide a signal indicative of a pulse of a user wearing the wearable audio device). Oommen, as modified by Duqi and Stone hereinabove, does not disclose the biometric sensor further comprising a temperature sensor thermally coupled to the microelectromechanical pressure sensor; wherein the application specific integrated circuit is conductively coupled to the temperature sensor and is configured to modify the biometric characteristic based on output from the temperature sensor.
However, Takeuchi discloses a temperature sensor (fig. 2, para. [0059], temperature sensor 106) thermally coupled to the microelectromechanical pressure sensor (fig. 2, para. [0048, 0059]), wherein the application specific integrated circuit is conductively coupled to the temperature sensor (para. [0056], temperature sensor 106 coupled to analog-digital conversion unit 115) and is configured to modify the biometric characteristic based on output from the temperature sensor (para. [0059], the detection results from the pressure sensor 107 can be corrected using the detection result of the temperature sensor 106). Takeuchi further discloses that by obtaining the detected information using the plurality of sensors, the detection accuracy can be increased (paragraph [0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi and Stone hereinabove, to further comprise a temperature sensor that is thermally coupled to the microelectromechanical pressure sensor; and the application specific integrated circuit is conductively coupled to the temperature sensor and is configured to modify the biometric characteristic based on output from the temperature sensor, in view of the teachings of Takeuchi, for the obvious advantage of increasing the detection accuracy by correcting the pressure detection results using the temperature detection results.
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Oommen in view of Duqi and Stone, as applied to claim 18 above, and further in view of LeBoeuf (US 8157730 B2).
Regarding claim 23, Oommen, as modified by Duqi and Stone hereinabove, further discloses the biometric sensor of claim 18. Oommen, as modified by Duqi and Stone hereinabove does not disclose a temperature sensor thermally coupled to, and configured to determine a temperature of, an external surface of a housing of the earbud electronic device.
However, LeBoeuf directed to real-time, noninvasive health and environmental monitors including a plurality of compact sensors integrated within small, low-profile devices, discloses a temperature sensor is thermally coupled to, and configured to determine a temperature of, an external surface of a housing of the earbud electronic device (fig. 4, col. 13 lines 43-47 and col. 29 lines 48-50, “environmental sensor 12 … for monitoring the external environment … temperature”; “environmental sensors are integrated … along earpiece body 42”). LeBeouf further discloses that external stressors such as ambient temperature can be sensed and digitized to provide the user with important information about how the external environment may affect their stress response (column 23 lines 25-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi and Stone hereinabove, such that a temperature sensor is thermally coupled to, and configured to determine a temperature of, an external surface of a housing of the earbud electronic device, in view of the teachings of LeBoeuf, in order to measure external stressors including ambient temperature to provide the user with important information about how the external environment may affect their stress response (col. 23 lines 25-29).
Regarding claim 24, Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, further discloses the biometric sensor of claim 23. Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, does not disclose wherein the temperature is a basal body temperature, a skin surface temperature, or a core body temperature of the wearer.
However, LeBoeuf discloses wherein the temperature is a basal body temperature, a skin surface temperature, or a core body temperature of the wearer (col. 11 lines 53-58, devices located along the ear have access to inner-ear canal and tympanic membrane for measuring core body temperature and the region behind the ear for measuring skin temperature and the galvanic skin response). LeBoeuf further discloses that the ear is an ideal location on the human body for a wearable health and environmental monitor (col. 11 lines 49-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, such that the temperature is a basal body temperature, a skin surface temperature, or a core body temperature of the wearer, in view of the teachings of LeBeouf, for the obvious advantage of monitoring a person’s health and environment through the ideal location of the ear of the human body monitor (LeBoeuf, col. 11 lines 49-51).
Regarding claim 25, Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, further discloses the biometric sensor of claim 23 and the biometric characteristic (col. 12 lines 8-12, electrically active material 108 disposed within a wearable audio device may be utilized to provide a signal indicative of a pulse of a user wearing the wearable audio device). Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, does not disclose wherein, wherein: the biometric characteristic is a first biometric characteristic; and the temperature is a second biometric characteristic of the wearer.
However, LeBoeuf discloses wherein: the biometric characteristic is a first biometric characteristic (col. 13 lines 34-36, vital signals can include pulse rate); and the temperature is a second biometric characteristic of the wearer (col. 13 lines 34-65, vital signals can … body temperature, skin temperature … environmental sensors … temperature). LeBoeuf further discloses that the physiological sensor is used to monitor the physiological functioning of the body (col. 13, line 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oommen, as modified by Duqi, Stone, and LeBoeuf hereinabove, such that the biometric characteristic is a first biometric characteristic; and the temperature is a second biometric characteristic of the wearer, in view of the teachings of LeBeouf, in order to use physiological sensors to monitory the physiological functioning of the body and external stressors including ambient temperature to provide the user with important information about how the external environment may affect their stress response (col. 23 lines 25-29). (LeBeouf, col. 13, lines 1-40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: LeBoeuf (US 8647270 B2) directed to a health and environmental monitoring earbud 200.
Applicant's amendment necessitated the new ground(s) of rejection presented in 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 event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 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 mailing date of this final action.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/A.E.H./Examiner, Art Unit 3791