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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/26/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-2 and 4 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.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal, a length of the ear canal; a heart beat from reflection of veins in an ear, or jugular vein, or from vibrations induced by blood flow and manifested in tympanic membrane”. However this should be read as “wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal; a length of the ear canal; a heart beat from reflection of veins in an ear, or jugular vein, or from vibrations induced by blood flow and manifested in the tympanic membrane”, the comma after a volume of an ear canal should be replaced with a semicolon. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: claim 4 recites “wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal, a length of the ear canal;”. However this should be read as “wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal; a length of the ear canal”, the comma after a volume of an ear canal should be replaced with a semicolon. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 4, claims 1 and 4 recite “wherein the physical or biometric parameter is any of: […] proximity to the ear, the ear canal or the tympanic membrane”. It is unclear what the proximity is in relation to. The specification does not provide clarity. For examination purposes the claim will be interpreted as “wherein the physical or biometric parameter is any of: […] proximity of the modulated ultrasound audio driver to the ear, the ear canal or the tympanic membrane”. Claim 2 is also rejected due to its dependency.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Kuperschmidt (US 20170064457) and further in view of Arakawa (US 20220039779) and Beltrami (US 20210092509).
Regarding claim 1, Kuperschmidt discloses an audio system ([0050] – “a microelectromechanical systems (MEMS) speaker that may output audio and ultrasound signals”) comprising:
a modulated ultrasound audio driver (Figs 1A-1J, [0070] – “Acoustic modulation includes modulating an ultrasonic signal to generate (and output) an audio signal”) comprising at least one membrane (Figs. 5A-5C, [0103] – “The membrane 403”) configured to emit an acoustic ultrasound signal in a frequency range between 50 KHz and 500 KHz ([0075] – “membrane control signal 40 is at an ultra sound frequency…A typical ultrasound frequency may be in the 100 to 500 KHz range”); a shutter (Figs. 5A-5C, [0103] – “the shutter 401”), with the acoustic ultrasound signal being transmitted along at least one acoustic channel leading from the membrane to the shutter ([0103] – “the wave produced by the vibrating membrane 403 can escape via the apertures 413 and 414 in the blind 402 and the apertures 415, 416 and 417 in the shutter 401”); a blind associated with the shutter and configured so as to move relative to each other to modulate the acoustic ultrasound signal to generate an acoustic audio signal ([0103] – “FIG. 5C depicts the state when the shutter 401 is caused to be moved away from the blind 402. As the blind is now flexible in this condition, it is caused to move away from the shutter 401”, [0104] – “the bigger the distance change between the blind and the shutter during the operation of the shutter, the bigger the modulation”); and at least one ultrasound receiver configured to detect a backscatter ultrasound signal ([0005] – “the detector may be configured to sense ultrasonic vibrations of the MEMS element”, [0006] – “The MEMS element may be configured to vibrate as a result of a reception of an ultrasonic echo”) […];
Conversely Kuperschmidt does not teach detect a backscatter ultrasound signal and generate a corresponding electrical signal;
a processing unit including a microprocessor configured to process the electrical signal and estimate one or more physical or biometric parameters derived from the electrical signal,
wherein the ultrasound receiver includes a micro-electro-mechanical system (MEMS) that is configured to detect the backscatter ultrasound signal in parallel with the generation of the acoustic audio signal, and
wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal, a length of the ear canal; a heart beat from reflection of veins in an ear, or jugular vein, or from vibrations induced by blood flow and manifested in tympanic membrane; effusivity of the ear; infections or other problems in an inner ear; vibrations in the tympanic membrane resulting from external noise or internal noise; blood flow; temperature in the ear canal and relation to body temperature; or proximity to the ear, the ear canal or the tympanic membrane.
However Arakawa discloses detect a backscatter ultrasound signal and generate a corresponding electrical signal ([0053] – “The inspection sound is reflected by an eardrum located behind the ear canal of the user 3, and the echo sound is received by the microphone 27. Note that, it is desirable that the inspection sound be an ultrasonic wave”, [0037] – “The microphone I/F 206 converts an analog signal generated by a sound wave received by the microphone 27 into a digital signal”);
a processing unit including a microprocessor configured to process the electrical signal and estimate one or more physical or biometric parameters derived from the electrical signal ([0033] – “The earphone control device 20 includes a central processing unit (CPU) 201”, [0048] – “Thus, the CPU 201 realizes the functions of the inspection signal generation unit 211, the first acoustic information acquisition unit 212, and the heartbeat information acquisition unit 213”, [0055] – “steps S103 to S105, the heartbeat information acquisition unit 213 acquires heartbeat information about a heartbeat of the user 3 based on the first acoustic information”, the processor 201 is part of the earphone control device 20 which is part of the earphone, one with ordinary skill in the art would find it obvious to use a microprocessor inside of the earphone shown in Fig. 1),
wherein the physical or biometric parameter is any of: distance of the modulated ultrasound audio driver from a tympanic membrane ([0057] – “the heartbeat information acquisition unit 213 converts the echo time into a distance…The distance L corresponds to twice the distance from the earphone 2 to the eardrum”); a volume of an ear canal, a length of the ear canal; a heart beat from reflection of veins in an ear, or jugular vein, or from vibrations induced by blood flow and manifested in tympanic membrane ([0058] – “The eardrum also oscillates in synchronization with changes in blood flow when blood flow is cyclically altered by the heartbeat… Therefore, the heartbeat information acquisition unit 213 can acquire the heartbeat information about the heartbeat from the time variation of the distance L”); effusivity of the ear; infections or other problems in an inner ear; vibrations in the tympanic membrane resulting from external noise or internal noise; blood flow; temperature in the ear canal and relation to body temperature; or proximity to the ear, the ear canal or the tympanic membrane ([0057] – “the heartbeat information acquisition unit 213 converts the echo time into a distance…The distance L corresponds to twice the distance from the earphone 2 to the eardrum”).
The disclosure of Arakawa is an analogous art considering it is in the field of emitting and receiving ultrasound signals from a small device.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuperschmidt to incorporate the processing of electrical signals to estimate the distance and heart beat parameters of Arakawa to achieve the same results. One would have motivation to combine because “since the pulse in the ear canal of the user 3 can be directly acquired, the influence of noise can be reduced. Accordingly, it is possible to provide an information processing device capable of performing heartbeat measurement with high accuracy” (Arakawa [0066]).
Conversely Kuperschmidt and Arakawa do not teach wherein the ultrasound receiver includes a micro-electro-mechanical system (MEMS) that is configured to detect the backscatter ultrasound signal in parallel with the generation of the acoustic audio signal.
However Beltrami discloses wherein the ultrasound receiver includes a micro-electro-mechanical system (MEMS) that is configured to detect the backscatter ultrasound signal in parallel with the generation of the acoustic audio signal ([0107] – “one MEMS sound transducer 3 a, 3 b can be operated as a loudspeaker and the other MEMS sound transducer 3 a, 3 b can be operated as a microphone. As a result, the sound transducer unit 1 can be operated, either sequentially or simultaneously, as a loudspeaker and as a microphone”, Abstract – “A sound transducer unit for an in-ear headphone, for generating and/or detecting sound waves in the audible wavelength spectrum and/or in the ultrasonic range”).
The disclosure of Beltrami is an analogous art considering it is in the field of a sound transducer that can output both audible and ultrasound frequencies.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuperschmidt to incorporate the MEMS receiver that is configured to detect ultrasound signal in parallel with the generation of the acoustic audio signal of Beltrami to achieve the same results. One would have motivation to combine because it would provide a constant real-time stream of ultrasound data while allowing one to continuously listen to music or another preferred audio.
Regarding claim 2, Kuperschmidt, Arakawa, and Beltrami disclose all the elements of the claimed invention as cited in claim 1.
Kuperschmidt further discloses wherein the ultrasound receiver is comprised of at least one dedicated membrane in the modulated ultrasound audio driver ([0005] – “the detector may be configured to sense ultrasonic vibrations of the MEMS element”, [0085] – “In FIG. 1F the detector 90 is mechanically coupled to membrane 50 and is configured to sense vibrations of membrane 50”).
Regarding claim 4, Kuperschmidt discloses generating, […], an acoustic ultrasound signal in a frequency range between 50 KHz and 500 KHz from a modulated ultrasound speaker([0070] – “Acoustic modulation includes modulating an ultrasonic signal to generate (and output) an audio signal”, [0075] – “membrane control signal 40 is at an ultra sound frequency…A typical ultrasound frequency may be in the 100 to 500 KHz range”); detecting […] a backscattered ultrasound signal with a dedicated receiver ([0005] – “the detector may be configured to sense ultrasonic vibrations of the MEMS element”, [0006] – “The MEMS element may be configured to vibrate as a result of a reception of an ultrasonic echo”).
Conversely Kuperschmidt does not teach a method for physical or biometric parameter estimation comprising:
generating, in the ear, an acoustic ultrasound signal […] generating an electric signal proportional to the backscattered ultrasound signal;
detecting, in parallel with the generation of the acoustic ultrasound signal, a backscattered ultrasound signal with a dedicated micro-electro-mechanical system (MEMS) receiver,
processing, with a microprocessor, the electric signal and generating an estimation of a physical or biometric parameter associated with the ear and derived from the electrical signal,
wherein the physical or biometric parameters is any of: distance of the modulated ultrasound audio driver from a tympanic membrane; a volume of an ear canal, a length of the ear canal; a heart beat from reflection of veins in the ear, or jugular vein, or from vibrations induced by blood flow and manifested in the tympanic membrane; effusivity of the ear; infections or other problems in an inner ear; vibrations in the tympanic membrane resulting from external noise or internal noise; blood flow; temperature in the ear canal and relation to body temperature; or proximity to the ear, the ear canal or the tympanic membrane.
However Arakawa discloses a method for physical or biometric parameter estimation ([0010] – “an information processing method, and a storage medium that can perform heartbeat measurement”) comprising:
generating, in the ear, an acoustic ultrasound signal […] generating an electric signal proportional to the backscattered ultrasound signal ([0053] – “the speaker 26 emits an inspection sound for acquiring heartbeat information toward the ear canal of the user 3. The inspection sound is reflected by an eardrum located behind the ear canal of the user 3, and the echo sound is received by the microphone 27. Note that, it is desirable that the inspection sound be an ultrasonic wave”, [0037] – “The microphone I/F 206 converts an analog signal generated by a sound wave received by the microphone 27 into a digital signal”);
processing, with a microprocessor, the electric signal and generating an estimation of a physical or biometric parameter associated with the ear and derived from the electrical signal ([0033] – “The earphone control device 20 includes a central processing unit (CPU) 201”, [0048] – “Thus, the CPU 201 realizes the functions of the inspection signal generation unit 211, the first acoustic information acquisition unit 212, and the heartbeat information acquisition unit 213”, [0055] – “steps S103 to S105, the heartbeat information acquisition unit 213 acquires heartbeat information about a heartbeat of the user 3 based on the first acoustic information”, the processor 201 is part of the earphone control device 20 which is part of the earphone, one with ordinary skill in the art would find it obvious to use a microprocessor inside of the earphone shown in Fig. 1),
wherein the physical or biometric parameters is any of: distance of the modulated ultrasound audio driver from a tympanic membrane ([0057] – “the heartbeat information acquisition unit 213 converts the echo time into a distance…The distance L corresponds to twice the distance from the earphone 2 to the eardrum”); a volume of an ear canal, a length of the ear canal; a heart beat from reflection of veins in the ear, or jugular vein, or from vibrations induced by blood flow and manifested in the tympanic membrane ([0058] – “The eardrum also oscillates in synchronization with changes in blood flow when blood flow is cyclically altered by the heartbeat… Therefore, the heartbeat information acquisition unit 213 can acquire the heartbeat information about the heartbeat from the time variation of the distance L”); effusivity of the ear; infections or other problems in an inner ear; vibrations in the tympanic membrane resulting from external noise or internal noise; blood flow; temperature in the ear canal and relation to body temperature; or proximity to the ear, the ear canal or the tympanic membrane ([0057] – “the heartbeat information acquisition unit 213 converts the echo time into a distance…The distance L corresponds to twice the distance from the earphone 2 to the eardrum”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuperschmidt to incorporate the processing of electrical signals to estimate the distance and heart beat parameters of Arakawa to achieve the same results. One would have motivation to combine because “since the pulse in the ear canal of the user 3 can be directly acquired, the influence of noise can be reduced. Accordingly, it is possible to provide an information processing device capable of performing heartbeat measurement with high accuracy” (Arakawa [0066]).
Conversely Kuperschmidt and Arakawa do not teach detecting, in parallel with the generation of the acoustic ultrasound signal, a backscattered ultrasound signal with a dedicated MEMS receiver.
However Beltrami discloses detecting, in parallel with the generation of the acoustic ultrasound signal, a backscattered ultrasound signal with a dedicated micro-electro-mechanical system (MEMS) receiver ([0107] – “one MEMS sound transducer 3 a, 3 b can be operated as a loudspeaker and the other MEMS sound transducer 3 a, 3 b can be operated as a microphone. As a result, the sound transducer unit 1 can be operated, either sequentially or simultaneously, as a loudspeaker and as a microphone”, Abstract – “A sound transducer unit for an in-ear headphone, for generating and/or detecting sound waves in the audible wavelength spectrum and/or in the ultrasonic range”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuperschmidt to incorporate the MEMS receiver that is configured to detect ultrasound signal in parallel with the generation of the acoustic audio signal of Beltrami to achieve the same results. One would have motivation to combine because it would provide a constant real-time stream of ultrasound data while allowing one to continuously listen to music or another preferred audio.
Conclusion
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/R.C.L./ Examiner, Art Unit 3797
/SHAHDEEP MOHAMMED/ Primary Examiner, Art Unit 3797
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