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 .
Claims 1-10 are pending. Claims 1-8 have been amended. Claims 9-10 have been added.
Response to Amendment
Applicant’s amendments to claims 1-8 have been considered and are accepted. The Examiner finds that applicant's amendments do have support in applicant's as-filed disclosure.
Response to Arguments
Applicant’s arguments filed 11/13/2025 have been fully considered but they are not persuasive.
In light of applicant’s amendment to the specification, the objection to the title is withdrawn.
Applicant’s arguments regarding the rejections of the claims under the prior art have been fully considered. However, those arguments are rendered moot in light of the new grounds of rejection outlined below, which were necessitated by the applicant's amendment.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lesso et al. (US Pub. 20190012444 A1).
Lesso discloses the following subject matter:
1. (currently amended) An authentication management device comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to (para. 52):
acquire a result of authenticating a user by otoacoustic authentication (para. 68) in a right earphone and a left earphone (para. 89-95);
store the authentication result (para. 60);
after the authentication result is acquired, acquire a wearing determination result indicating whether the right earphone and the left earphone are worn in a right ear and left ear of the user, respectively, based on a detection result of a proximity sensor (para. 64, 89-95);
and update the stored authentication result when the wearing determination result indicates that both the right earphone and the left earphone are not worn in the right ear and the left ear, respectively, wherein the updated authentication result indicates de-authentication of the user. (para. 75-76)
2. (currently amended) The authentication management device according to claim 1, wherein the otoacoustic authentication is an authentication method that sends out a test sound in a direction of an ear canal and authenticates the user based on sound reflected in response to the test sound. (para. 61)
3. (currently amended) The authentication management device according to claim 1, wherein the wearing determination result is determined periodically at each first predetermined period. (para. 10)
4. (currently amended) The authentication management device according to claim 1, wherein when it is determined for a predetermined number of times or more during a second predetermined period that only one of the right earphone and the left earphone is not worn, the at least one processor is further configured to execute the instructions to update the stored authentication result. (para. 64- The system 300 may further comprise a detect module 332, configured to detect whether the personal audio device (i.e. at least the speaker 306 and the microphone 308) are being actively worn by the user, and to provide an output to the processing circuitry 322 indicating the present status of the personal audio device (e.g. worn or not worn). Various mechanisms are suitable for such a purpose. For example, the signal detected by the microphone 308 may be analysed to determine whether it is characteristic of a small volume (i.e. the volume inside the ear canal and/or within a headphone shell). For example, an optical mechanism in the personal audio device may detect the presence of light and so conclude that the personal audio device has been removed from the user's head. For example, an accelerometer in the personal audio device may detect movement which is consistent or which is inconsistent with the motion of a user's head. For example, a pressure sensor, for instance a piezo-resistive or piezo-electric sensor, may detect pressure exerted on fitting an ear bud into an ear canal. For example, a capacitance sensor may detect the proximity of the ear to the personal audio device.; para. 72-74- in which an event requiring audio playback to the user is detected. [0073] For example, the control module 302 may detect that the user has requested audio playback of music, or text-to-speech of written text via the host electronic device 206. For example, the control module 302 may detect an event requiring notification to the user, such as receipt of an incoming message, e-mail or phone call etc. [0074] The method proceeds to step 408, in which it is determined whether the user is still authenticated. For example, an ear biometric authentication may be carried out again, as in step 402. Alternatively, it may be determined that the personal audio device has not been removed from the user's ear since the positive authentication in step 402 (e.g. using the detect module 322), without requiring authentication of the user again. If the personal audio device has been removed since the positive authentication in step 402, a further authentication process may be required (e.g. ear biometric authentication) using the personal audio device, before the user is deemed authenticated.; Note: second predetermined period = another of the multiple events requiring playback until playback occurs.; para. 89-95 )
5. (currently amended) The authentication management device according to claim 3, wherein the at least one processor is further configured to execute the instructions to estimate motion of the user, wherein the first predetermined period is set based on the estimated motion of the user.
(para. 64- The system 300 may further comprise a detect module 332, configured to detect whether the personal audio device (i.e. at least the speaker 306 and the microphone 308) are being actively worn by the user, and to provide an output to the processing circuitry 322 indicating the present status of the personal audio device (e.g. worn or not worn). Various mechanisms are suitable for such a purpose. For example, the signal detected by the microphone 308 may be analysed to determine whether it is characteristic of a small volume (i.e. the volume inside the ear canal and/or within a headphone shell). For example, an optical mechanism in the personal audio device may detect the presence of light and so conclude that the personal audio device has been removed from the user's head. For example, an accelerometer in the personal audio device may detect movement which is consistent or which is inconsistent with the motion of a user's head. For example, a pressure sensor, for instance a piezo-resistive or piezo-electric sensor, may detect pressure exerted on fitting an ear bud into an ear canal. For example, a capacitance sensor may detect the proximity of the ear to the personal audio device.; para. 72-74- in which an event requiring audio playback to the user is detected. [0073] For example, the control module 302 may detect that the user has requested audio playback of music, or text-to-speech of written text via the host electronic device 206. For example, the control module 302 may detect an event requiring notification to the user, such as receipt of an incoming message, e-mail or phone call etc. [0074] The method proceeds to step 408, in which it is determined whether the user is still authenticated. For example, an ear biometric authentication may be carried out again, as in step 402. Alternatively, it may be determined that the personal audio device has not been removed from the user's ear since the positive authentication in step 402 (e.g. using the detect module 322), without requiring authentication of the user again. If the personal audio device has been removed since the positive authentication in step 402, a further authentication process may be required (e.g. ear biometric authentication) using the personal audio device, before the user is deemed authenticated.; Note: first predetermined period = event requiring playback until playback occurs.)
6. (currently amended) The authentication management device according to claim 4, wherein the at least one processor is further configured to execute the instructions to estimate motion of the user, wherein the second predetermined period is set based on the estimated motion of the user. (para. 64- The system 300 may further comprise a detect module 332, configured to detect whether the personal audio device (i.e. at least the speaker 306 and the microphone 308) are being actively worn by the user, and to provide an output to the processing circuitry 322 indicating the present status of the personal audio device (e.g. worn or not worn). Various mechanisms are suitable for such a purpose. For example, the signal detected by the microphone 308 may be analysed to determine whether it is characteristic of a small volume (i.e. the volume inside the ear canal and/or within a headphone shell). For example, an optical mechanism in the personal audio device may detect the presence of light and so conclude that the personal audio device has been removed from the user's head. For example, an accelerometer in the personal audio device may detect movement which is consistent or which is inconsistent with the motion of a user's head. For example, a pressure sensor, for instance a piezo-resistive or piezo-electric sensor, may detect pressure exerted on fitting an ear bud into an ear canal. For example, a capacitance sensor may detect the proximity of the ear to the personal audio device.; para. 72-74- in which an event requiring audio playback to the user is detected. [0073] For example, the control module 302 may detect that the user has requested audio playback of music, or text-to-speech of written text via the host electronic device 206. For example, the control module 302 may detect an event requiring notification to the user, such as receipt of an incoming message, e-mail or phone call etc. [0074] The method proceeds to step 408, in which it is determined whether the user is still authenticated. For example, an ear biometric authentication may be carried out again, as in step 402. Alternatively, it may be determined that the personal audio device has not been removed from the user's ear since the positive authentication in step 402 (e.g. using the detect module 322), without requiring authentication of the user again. If the personal audio device has been removed since the positive authentication in step 402, a further authentication process may be required (e.g. ear biometric authentication) using the personal audio device, before the user is deemed authenticated.; Note: second predetermined period = another of the multiple events requiring playback until playback occurs.)
Regarding claim 7, the subject matter claimed pertains to method steps that correspond to the system elements of claim 1 and thus rejected for the same analysis. Implementing the system would have necessitated carrying through the method steps as recited.
Regarding claim 8, it merely recites a computer program that when executed, performs the functional steps of method claim 7, and thus, rejected for the same rationale.
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.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lesso and further in view of Dadu et al. (US Pub. 20150381609 A1).
Regarding claims 9-10, Lesso does not specifically teach to set a value of an internal timer to a predetermined value when the wearing determination result indicates that only one of the right earphone and the left earphone is not worn; and decrement the value of the internal timer at predetermined time intervals, the wearing determination result is acquired when the value of the internal timer reaches 0. However, in the related art of biometric authentication of wearable devices, teaches this subject matter (see paras. 33, 38-39). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Dadu with the disclosure of Lesso as a known alternative way to allow a period of time before de-authenticating a user of the earphone to compensate for inadvertent removal of one of the earphones.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached at (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM A. CORUM JR
Primary Examiner
Art Unit 2433
william.corum2@uspto.gov
/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433