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 .
DETAILED ACTION
This action is in response to the applicant's communication filed on 06/18/2026. In virtue of this communication, claims 1-20 filed on 06/18/2026 are currently pending in the instant application.
Claims 1, 8, and 15 have been amended.
Claims 7 and 14 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered:
With regard to double patenting the rejection is maintained.
With regard to rejection under 35 USC 112(b), the rejection is withdrawn in view of the amendment filed on 06/18/2026.
With regard to amendment to the claims and the arguments are not persuasive, new amendment requires more paragraphs of the previously stated prior arts to be ciliated for clarification.
Applicant Arguments: Applicants argued “ Paragraph [0150] of Moore is silent on a determination that a user is at a first location and that the user needs to go to another a second location. Paragraph [0151] of Moore merely discusses "whether or not the user should be at a particular location and/or performing a particular action at any given time." In an example scenario, a processor "may match a previously stored lunch event to a current date/time (i.e., noon)." Paragraph [0150] of Moore is also silent on a determination that a user is at a first location and that the user needs to go to another a second location. The Examiner also referred to paragraphs [0168] and [0170] of Moore. However, paragraph [0168] of Moore merely describes that "feedback is provided to the user to guide the user on the path. This feedback is also provided to guide the user towards the desired destination. Paragraphs [0170] of Moore describes that "the user may give a voice command, "Take me to building X in Y campus."
Applicant respectfully submits that Moore's guiding the user on the path is based on a user command. These sections of Moore do are silent on directing the user to go the second location in response to determining from the application that the user is at a first location and that the user needs to go to a second location..”
Examiner Response: Examiner respectfully disagrees Examiner note the prior art Moore contains both command initiated navigation and automatically inferred or proactive destination assistance, Moore¶[0062] discloses connecting wirelessly to smart phone or tablet, computer, laptop, other computer-based devices or a cloud. The connection can assist the user in sharing data among various devices in addition to utilizing functionality of the connected devices. smartphones, tablets, or other mobile devices may wirelessly connect to the earpiece 100 for shared data and processing. ¶[0143] disclose receiving data from a smartphone, or tablet, computer, laptop or another emote device, ¶[0144] discloses earpiece may access the user’s cellular phone and download their schedule, and ¶[0146] discloses a schedule may periodically be transmitted to the earpiece. Further ¶[0151-0152] disclose the earpiece 100, via the interface array 130, may output data based on the inferred current desirable event, action/destination. earpiece determines whether the user should be at a particular location and may identify the event thirty minutes before it begins when the destination is thirty minute away, then discloses when destination is inferred, the processor may determine a viable route and provide verbal step by step walking directions. ¶[0158] expressly discloses that the processor determines the location or positioning of the earpiece using at least one image data. ¶[0171]-[0175] disclose providing assistance to a user of the earpiece 100 based on an inferred current desirable destination, accessing information regarding user particular action, determining whether or not the user should be at a particular location and/or performing a particular action at any given time , determining user’s current location, determining that the user is not moving or traveling away from the location, and informing the user that the user should be going to lunch.
Applicant Arguments: Applicants argued “paragraph [0064] of Guo is silent on cameras. Paragraph [0065] of Guo merely mentions that a "hearing device 10 further comprises an image capture device," but fails to provide further details about how exactly the hearing device comprises an image capture device. Paragraph [0066] of Guo merely mentions that an "image capture device 14 is capable of capturing single images, sequences of images or continuously capture images or video." Furthermore, comparing the hearing device of Figure 2 of Guo to the earbud of Figure 2 of the present application, the hearing device of Guo and earbud as claimed have substantially different structures. Applicant respectfully submits that Guo is silent on earbuds having a structure that includes a central body and one or more posts. Consequently, that Guo is also silent on one or more lenses of the one or more cameras are coupled to the central body or the one or more posts of the one or more earbuds.
Examiner Response: Examiner respectfully disagrees Examiner notes the patentability is based on claimed limitations, not whether two commercial products look different. Prior art Guo ¶[0064] discloses connector 26 connecting housing 12 and in-ear part 24, Guo Figures 1 and 2 and related paragraphs clearly shows a main housing/body and a projecting stem/post. ¶[0009] discloses the image capture device could be positioned in the housing so that the image capture captures images in the direction of the nose of the wearer.¶[0021] also discloses the image capture device maybe positioned in a housing of the hearing device. ¶[0025] discloses adding a 3D camera to the hearing device. ¶[0053] discloses hearing devices may refer to earphone or headset ¶[0058] discloses hearing device 10, a behind-the-ear element holding an image capture device and ¶[0061] discloses housing 12 positioned at or behind the pinna and image capture device 14 at housing 12, ¶[0059] disclose connector 26, ¶[0064] disclose connector 26 connects housing 12 to in-ear part 24. Then Guo ¶[0067] discloses an image capturing device 14 positioned at the housing 12 and configured to capture images in the user’s field of view. ¶[0083-0085] disclose image capturing devices as cameras.
Examiner notes office action has pointed out particular reference/references contained in the prior arts of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper time wise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed.Cir.1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Instant independent claims 1, 8, and 15 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over corresponding similar independent claims 1, 6, and 10 of co-owned US Patent No.11,825,012 The conflicting claims are not identical because the embodiments of claims 1, 6, and 10 omit steps not explicitly required by the embodiment of instant claims. However, the conflicting claims are not patentably distinct from each other because:
· Instant claims 1, 8, and 15 and co-owned claims 1, 6, and 10 recite common subject matter;
· Instant claims 1, 8, and 15, which recite the open ended transitional phrase “comprising,” does not preclude the difference in steps recited by co-owned claims 1, 6, and 10 and
· the elements of instant claims 1, 8, and 15 are obvious over co-owned claims 1, 6, and 10, and completely anticipate the subject matter of instant claim, and “anticipation is the epitome of obviousness” Connell v. Sears, Roebuck & Co.,722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983) (citing In re Fracalossi, 681F.2d 792, 215 USPQ 569 (CCPA 1982).)
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 non-obviousness.
Claim(s) 1-6, 8-13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. ( US 2016/0183014), in view of Moore et al. (US 2016/0033280), Wexler et al. (US 2021/0160624).
As per claim 1, A system comprising: “one or more earbuds configured to be inserted into one or more ears of a user;”(Guo, ¶[0005] discloses the hearing device may be provided with a housing configured for being worn by the user at an ear of the user. )
“one or more cameras coupled to the one or more earbuds;(Guo, Figures 1 and 2, camera 14, ¶[0025] discloses adding an image device such as a 3D camera to the hearing device.)
“one or more processors coupled to the one or more earbuds; and logic encoded in one or more non-transitory computer-readable storage media for execution by the one or more processors and when executed operable to cause the one or more processors to perform operations comprising: capturing, by the one or more cameras, images of an environment of the user while the user is wearing the one or more earbuds;”( Guo, figures 1 and 2, hearing device 10, camera 14, housing 12, processor 22 and related paragraphs, ¶[0008-0009] discloses The processor may be configured to detect presence of a face via the image capture device and looking direction. ¶[0025] discloses adding an image device such as a 3D camera to the hearing device would provide real-time 3D imaging information about the environment. See ¶[0033],¶[0034] discloses The image capture device may be used for detecting objects other than people. The image capture device may be used for detecting that an object is near the wearer. This could be useful for a warning system for the user, e.g. to be able to receive warnings or notification that the user is nearing a stationary object, such as a lamppost or wall, or for instance a curb or movable objects such as other people or cars or the like. Further¶[0065]-[0066] discloses as mentioned, the hearing device 10 further comprises an image capture device 14 in communication with the processor 22. The image capture device 14 is capable of capturing single images, sequences of images or continuously capture images or video. ¶[0074] discloses such a remote image capture device may be mounted in or on a set of glasses or in a body-worn housing, e.g. for being worn at the chest of the user, as illustrated in FIG. 7. ¶[0083] discloses Camera on the hearing devices in combination with face recognition may be used to recognize a specific talker and the hearing device processing may be adapted according to the recognized talker. )
“converting data associated with the images with audio; and providing, by the one or more earbuds, the audio to the user.” (Guo, ¶[0034] discloses the image capture device may be used for detecting objects other than people. The image capture device may be used for detecting that an object is near the wearer. This could be useful for a warning system for the user, e.g. to be able to receive warnings or notification that the user is nearing a stationary object, such as a lamppost or wall, or for instance a curb or movable objects such as other people or cars or the like. This will particular be useful if the user in addition to a hearing loss has a visual impairment. ¶[0084] discloses the cameras may be used as an alternative communication channel. Pictures recorded by the camera and decoded into an audio stream and presented to the hearing device user.)
Guo does not explicitly disclose the following which would have been obvious in view of Moore from similar field of endeavor “accessing an application from a remote device, determining from the application that the user is at a first location and that the user needs to go to a second location; and providing, by the one or more earbuds, the audio to the user, wherein the audio comprises the data associated with the images and directs the user to go to” (Moore ¶[0062] discloses connecting wirelessly to smart phone or tablet, computer, laptop, other computer-based devices or a cloud. The connection can assist the user in sharing data among various devices in addition to utilizing functionality of the connected devices. smartphones, tablets, or other mobile devices may wirelessly connect to the earpiece 100 for shared data and processing. ¶ [0125] discloses cloud processing support the system; data exchanged with remote processors.¶[0143] disclose receiving data from a smartphone, or tablet, computer, laptop or another emote device, ¶[0144] discloses earpiece may access the user’s cellular phone and download their schedule, and ¶[0146] discloses a schedule may periodically be transmitted to the earpiece. Further ¶[0151-0152] disclose the earpiece 100, via the interface array 130, may output data based on the inferred current desirable event, action/destination. earpiece determines whether the user should be at a particular location and may identify the event thirty minutes before it begins when the destination is thirty minute away, then discloses when destination is inferred, the processor may determine a viable route and provide verbal step by step walking directions. ¶[0158] expressly discloses that the processor determines the location or positioning of the earpiece using at least one image data. ¶[0163-0169] disclose determining a desired destination, constructing a navigation path, and providing spoken navigation commands to guide the user along path. Further discloses audio concerning signs, hazards, forward movement, turns, and waypoints. ¶[0171]-[0175] disclose providing assistance to a user of the earpiece 100 based on an inferred current desirable destination, accessing information regarding user particular action, determining whether or not the user should be at a particular location and/or performing a particular action at any given time , determining user’s current location, determining that the user is not moving or traveling away from the location, and informing the user that the user should be going to lunch. ¶[0178] discloses earpiece determined that the user should be in the cafeteria, and determined that the user is not moving toward the cafeteria, and proactively provides the audio reminder time to go to lunch.
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to combine Moore technique of hearing aid with image recognition into Guo technique to provide the known and expected uses and benefits of Moore technique over hearing device with image capture capabilities technique of Guo. The proposed combination would have constituted a mere arrangement of old elements with each performing their known function, the combination yielding no more than one would expect from such an arrangement.
Therefore, it would have been obvious to a person of ordinary skill in the art to incorporate Moore to Guo in order to increase user environmental awareness and social interactions. (Refer to Moore ¶[0005]).
Guo as modified by Moore does not explicitly disclose the following which would have been obvious in view of Wexler from similar filed of endeavor “identifying at least one object in the images that has written language on the at least one object, wherein the at least one object is one or more of currency and reading material; tracking actions of the user; assisting the user in reading information on the at least one object” (Waxler, ¶[0150] discloses feedback may include an audible or visible indication of time information, detected text or numerals, the value of currency, a branded product, a person's identity, the identity of a landmark or other environmental situation or condition including the street names at an intersection or the color of a traffic light, etc., as well as other information associated with each of these. For example, in some embodiments, feedback may include additional information regarding the amount of currency still needed to complete a transaction. Feedback outputting unit 230 may also include any suitable display device for visually displaying information to user 100. Further ¶[0172] discloses tracking movement of the object int the field of view.)
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to combine Wexler technique of hearing aid with image recognition into Guo as modified by Moore technique to provide the known and expected uses and benefits of Wexler technique over hearing device with image capture capabilities technique of Guo as modified by Moore. The proposed combination would have constituted a mere arrangement of old elements with each performing their known function, the combination yielding no more than one would expect from such an arrangement.
Therefore, it would have been obvious to a person of ordinary skill in the art to incorporate Wexler to Guo as modified by Moore in order to enhance one's interaction in his environment with feedback and other advanced functionality based on the analysis of captured image and audio data. (Refer to Wexler paragraph [0003].)
Claims 8 and 15 have been analyzed and are rejected for the reasons indicated in claim 1 above. Additionally, the rationale and motivation to combine the Guo, Moore, Wexler references, presented in rejection of claim 1, apply to these claims
A per claim 2, in view of claim 1, Guo as modified by Moore as modified Wexler discloses “wherein the one or more earbuds comprise a central body and one or more posts, and wherein one or more lenses of the one or more cameras are coupled to the central body or the one or more posts of the one or more earbuds.” (Guo, Figures 1 and 2 and related paragraphs clearly shows a main housing/body and a projecting stem/post. ¶[0009] discloses the image capture device could be positioned in the housing so that the image capture captures images in the direction of the nose of the wearer.¶[0021] also discloses the image capture device maybe positioned in a housing of the hearing device. ¶[0025] discloses adding a 3D camera to the hearing device. ¶[0053] discloses hearing devices may refer to earphone or headset ¶[0058] discloses hearing device 10, a behind-the-ear element holding an image capture device and ¶[0061] discloses housing 12 positioned at or behind the pinna and image capture device 14 at housing 12, ¶[0059] disclose connector 26, ¶[0064] disclose connector 26 connects housing 12 to in-ear part 24. Then Guo ¶[0067] discloses an image capturing device 14 positioned at the housing 12 and configured to capture images in the user’s field of view. ¶[0083-0085] disclose image capturing devices as cameras.)
Claims 9 and 16 have been analyzed and are rejected for the reasons indicated in claim 2 above.
As per claim 3, in view of claim 1, Guo as modified by Moore as modified Wexler discloses “wherein the logic when executed is further operable to cause the one or more processors to perform operations comprising: identifying at least one object in the images;”(Guo, ¶[0026] discloses A 3D camera receives electromagnetic waves, both visible light and IR light, which then could be processed and turned into positioning information about the surroundings. ¶[0026] discloses The electromagnetic waves could act as a supplement to the acoustical waves when detecting a position of an object. ¶[0031] discloses when a second hearing device including an image capture device is positioned at an opposite ear of the user, the method may include correlating images or image sequences from the two image capture devices, or at least information extracted based on the captured images, to determine distance to an object present in both the images or image sequences. The object may be an obstacle, such as wall, person, kerb, lamppost, etc. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but, as mentioned, other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for enhanced detection possibilities based on image analysis, e.g. determining distance to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices. ¶[0034] discloses the image capture device may be used for detecting objects other than people. The image capture device may be used for detecting that an object is near the wearer. This could be useful for a warning system for the user, e.g. to be able to receive warnings or notification that the user is nearing a stationary object, such as a lamppost or wall, or for instance a curb or movable objects such as other people or cars or the like.)
“accessing a memory that stores data associated with the at least one object;” (Guo, ¶[0033] discloses analyzing image or image sequence may include recognizing and identifying a person as a talker known to the hearing device via a database of known talkers. One or more characteristics of a person may be stored and used for identifying the person using the image capture device. This may include eye and/or nose and/or mouth position or relative the each of the corresponding other or other suitable visual characteristic used for face detection. When a person is then recognized, the hearing device processing may be adapted according to the recognized talker, e.g. if the person is a spouse certain processing may be desired, while other members of the users family may require other types of processing, e.g. speech enhancement specifically aimed at enhancing speech from children. )
“converting at least one portion of the data to audio;” “and providing, by the one or more earbuds, the at least one portion of the data to the user.” (Guo, ¶[0033] and ¶[0034] discloses the image capture device may be used for detecting objects other than people. The image capture device may be used for detecting that an object is near the wearer. This could be useful for a warning system for the user, e.g. to be able to receive warnings or notification that the user is nearing a stationary object, such as a lamppost or wall, or for instance a curb or movable objects such as other people or cars or the like. This will particular be useful if the user in addition to a hearing loss has a visual impairment. ¶[0084] discloses the cameras may be used as an alternative communication channel. Pictures recorded by the camera and decoded into an audio stream and presented to the hearing device user. )
Claims 10 and 17 have been analyzed and are rejected for the reasons indicated in claim 3 above.
As per claim 4, in view of claim 1, Guo as modified by Moore as modified Wexler discloses “wherein the logic when executed is further operable to cause the one or more processors to perform operations comprising: identifying at least one object in the images, wherein the at least one object is a person; accessing a memory that stores data associated with the person; converting at least one portion of the data to audio; and providing, by the one or more earbuds, the at least one portion of the data to the user, wherein the at least one portion of the data comprises at least a name of the person.” (Guo, ¶[0033] discloses analyzing image or image sequence may include recognizing and identifying a person as a talker known to the hearing device via a database of known talkers. One or more characteristics of a person may be stored and used for identifying the person using the image capture device. This may include eye and/or nose and/or mouth position or relative the each of the corresponding other or other suitable visual characteristic used for face detection. When a person is then recognized, the hearing device processing may be adapted according to the recognized talker, e.g. if the person is a spouse certain processing may be desired ( Examiner interprets the spouse recognition as detection of name of the person and relation), while other members of the users family may require other types of processing, e.g. speech enhancement specifically aimed at enhancing speech from children. ¶[0084] discloses the cameras may be used as an alternative communication channel. Pictures recorded by the camera and decoded into an audio stream and presented to the hearing device user.¶[0102-0103] discloses the images from the analyzing image or image sequence are used for recognizing a person as a talker known to the user, e.g. via a database of known talkers. )
Claims 11 and 18 have been analyzed and are rejected for the reasons indicated in claim 4 above.
As per claim 5, in view of claim 1, Guo as modified by Moore as modified Wexler discloses “wherein the logic when executed is further operable to cause the one or more processors to perform operations comprising: identifying at least one object in the images; computing a location of at least one object; converting data associated with an identification and a location of the at least one object to audio; and providing, by the one or more earbuds, the identification and the location of the at least one object to a user.” (Guo, ¶[0031] discloses when a second hearing device including an image capture device is positioned at an opposite ear of the user, the method may include correlating images or image sequences from the two image capture devices, or at least information extracted based on the captured images, to determine distance to an object present in both the images or image sequences. The object may be an obstacle, such as wall, person, kerb, lamppost, etc. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but, as mentioned, other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for enhanced detection possibilities based on image analysis, e.g. determining distance to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices. Further ¶[0084-0085] discloses the cameras may be used as an alternative communication channel. Pictures recorded by the camera and decoded into an audio stream and presented to the hearing device user. ¶[0100-0102].)
Claims 12 and 19 have been analyzed and are rejected for the reasons indicated in claim 5 above.
As per claim 6, in view of claim 1, Guo as modified by Moore as modified Wexler discloses “wherein the logic when executed is further operable to cause the one or more processors to perform operations comprising identifying at least one object in the images, wherein the at least one object is a health hazard” (Guo, ¶[0034] discloses the image capture device may be used for detecting objects other than people. The image capture device may be used for detecting that an object is near the wearer. This could be useful for a warning system for the user, e.g. to be able to receive warnings or notification that the user is nearing a stationary object, such as a lamppost or wall, or for instance a curb or movable objects such as other people or cars or the like. This will particular be useful if the user in addition to a hearing loss has a visual impairment. (Examiner notes for a person with visual impairment, accident with a car or a curb or even wall is a potential health hazard and dangerous.))
Claims 13 and 20 have been analyzed and are rejected for the reasons indicated in claim 6 above.
Conclusion
THIS ACTION IS MADE FINAL. 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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/SHAGHAYEGH AZIMA/Examiner, Art Unit 2671
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