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
Response to Arguments
Applicant's arguments with respect to claims 1-32 have been considered but are moot in view of the new ground(s) of rejection. Applicant’s arguments are directed to the amended subject matter; new prior art is provided below.
Reference US 20200285069 A1 Villalpando; Ernesto Carlos Martinez et al. has been withdrawn in light of the claim amendments.
New reference US 20150326965 A1 Sprague; Peter J. et al. has now been incorporated.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Regarding claims 1-9, 11, 15-17, 20, 22, 26-28, and 31
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“computing device”
“first unidirectional audio input device”
“second unidirectional audio input device”
“audio output device”
“user input device”
“remote device”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200294521 A1 Chen; Xi et al. (hereinafter Chen) in view of US 20150326965 A1 Sprague; Peter J. et al. (hereinafter Sprague).
Re claim 1, Chen teaches
1. A smart eyewear device system comprising: (fig. 8)
an eyewear device comprising: (fig. 8)
an eyewear frame (fig. 8)
a first unidirectional audio input device configured to receive a communication datum from an individual in communication with a user; (when receiving speech/audio from a person as in fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
a second unidirectional audio input device configured to receive user speech from the user; (can be a TV or users own voice 0121, as in fig. 8 a second microphone is uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
at least one audio output device located on at least one temple of the eyewear device; (a speaker device to help cancel noise on side frame of glasses 0198)
a computing device configured to: (fig. 8 the glasses themselves or CPU of fig. 31)
in the first mode, receive the communication datum from the first unidirectional audio input device; and (when receiving speech/audio from a person using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
in the second mode, receive the user speech from the second unidirectional audio input device and transmit the user speech; and (when receiving speech/audio dialogue such as from a TV, can be a TV or users own voice 0121, using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
a remote device communicatively connected to the eyewear device and a cloud server (“cloud” taught by Sprague, see below), the remote device configured to receive the communication datum and the user speech from the computing device. (using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
However, while Chen teaches two or more modes of action such as listening to a user speaking or the individual doing something else such as initiating a phone call, such toggle steps are performed automatically, and Chen while teaching server or remote processing does not specifically address a Cloud server per se:
a user input device configured to control whether the eyewear frame is in a first mode or a second mode; (a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
receive a user input from the user input device; (user input is data from a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
cloud server (0217)
wherein the user input causes a switch between the first mode and the second mode, and wherein one of the first and the second modes is a hearing mode; (direct user input, not passive per se as results of processing, for switching modes using a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the automatic toggling of Chen for another such as the manual toggling of Sprague with an option to automate, as well as specificity to a “cloud” server analogously for remote processing, to obtain predictable results, which improves the system to allow a user to expressly switch from hearing to another mode and also have presets for different environments that can use location and other metrics to switch into a mode, and if the user decides to override he can do so, and to allow for a simple substitution of one known element such as the remote processing of Chen for another such as the “cloud” server analogously for remote processing, to obtain predictable results, which improves the system to utilize a cloud server to scale demand of data resources for faster processing based on need
Re claim 2, Chen teaches
2. The smart eyewear device system of claim 1, wherein computing device is further configured to amplify the communication datum and transmit the amplified communication datum to the at least one audio output device. (amplification 0227 and a speaker device also used to help cancel noise on side frame of glasses 0198)
Re claim 3, Chen teaches
3. The smart eyewear device system of claim 2, wherein the at least one audio output device is further configured to output the amplified communication datum. (amplification 0227 and a speaker device also used to help cancel noise on side frame of glasses 0198)
Re claim 4, Chen teaches
4. The smart eyewear device system of claim 1, wherein the first unidirectional audio input device comprises a unidirectional microphone configured to receive the communication datum along a line of sight of the user. (a user facing someone else speaking is line of sight, if the user turns their head the microphone will not pick up, using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
Re claim 10, while Chen teaches a server for remote processing, it does not specifically address a Cloud server per se:
10. The smart eyewear device system of claim 1, wherein the eyewear device is directly communicatively connected to the cloud server. (Sprague 0217)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the remote processing of Chen for another such as the “cloud” server analogously for remote processing, to obtain predictable results, which improves the system to utilize a cloud server to scale demand of data resources for faster processing based on need.
Claims 5-9 and 11-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200294521 A1 Chen; Xi et al. (hereinafter Chen) in view of US 20150326965 A1 Sprague; Peter J. et al. US 20150319546 A1 Sprague; Peter J. (hereinafter Sprague) and further in view of US 20170293611 A1 TU; Mei et al. (hereinafter Tu).
Re claim 5, Chen teaches
5. The smart eyewear device system of claim 1, wherein the remote device is further configured to: (transmission externally for further processing 0194)
convert the communication datum into communication text; (using ASR 0203 with transmission externally for further processing 0194)
However, while external processing suggests receiving a result back, Chen in view of Sprague does not describe modification per se involving text and the combination fails to teach:
transmit the communication text to the cloud server; and(Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
receive a modified communication text from the cloud server as a function of the communication text. (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 6, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
6. The smart eyewear device system of claim 5, wherein the remote device is further configured to convert the modified communication text into a modified communication datum. (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 7, while Chen teaches a speaker to play audio as well as external processing which suggests receiving a result back, Chen in view of Sprague does not describe modification per se and the combination fails to teach:
7. The smart eyewear device system of claim 1, wherein in the first mode, the computing device is further configured to output a modified communication datum to a selected audio output device of the at least one audio output device. (Tu broadcasting information as audio 0210 and ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text or audio thereof of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 8, Chen teaches
8. The smart eyewear device system of claim 6, the first unidirectional audio input device is disposed on a first temple of the at least one temple. (as in fig. 9 or fig. 8, using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
Re claim 9, Chen teaches
9. The smart eyewear device system of claim 7, wherein the selected audio output device comprises the at least one audio output device disposed on a second temple of the at least one temple. (a speaker device to help cancel noise on side frame of glasses 0198)
Re claim 11, Chen teaches
11. An eyewear device comprising: (fig. 8)
an eyewear frame comprising: (fig. 8)
a first unidirectional audio input device configured to receive a communication datum from an individual in communication with a user; (when receiving speech/audio from a person as in fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
a second unidirectional audio input device configured to receive user speech from the user; (can be a TV or users own voice 0121, as in fig. 8 a second microphone is uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
at least one audio output device located on at least one temple of the eyewear frame; and (a speaker device to help cancel noise on side frame of glasses 0198)
a computing device communicatively connected to the eyewear device; (fig. 8 the glasses themselves or CPU of fig. 31)
the computing device configured to: (fig. 8 the glasses themselves or CPU of fig. 31)
in the first mode, receive the communication datum from the first unidirectional audio input device… (when receiving speech/audio from a person using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
in the second mode, receive the user speech from the second unidirectional audio input device and transmit the user speech to a remote device. (can be a TV or users own voice 0121, using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
However, while Chen teaches two or more modes of action such as listening to a user speaking or the individual doing something else such as initiating a phone call, such toggle steps are performed automatically and fails to teach:
a user input device configured to control whether the eyewear frame is in a first mode or a second mode; (a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
receive a user input from the user input device; (user input is data from a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
wherein the user input causes a switch between the first mode and the second mode, and wherein one of the first and the second modes is a hearing mode; (direct user input, not passive per se as results of processing, for switching modes using a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the automatic toggling of Chen for another such as the manual toggling of Sprague with an option to automate, as well as specificity to a “cloud” server analogously for remote processing, to obtain predictable results, which improves the system to allow a user to expressly switch from hearing to another mode and also have presets for different environments that can use location and other metrics to switch into a mode, and if the user decides to override he can do sosystem to allow a user to override an incorrect microphone mode.
However, while external processing suggests receiving a result back, Chen in view of Sprague does not describe modification per se and the combination fails to teach:
…and modify the communication datum to generate a modified communication datum; and (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claims 12 and 23, Chen teaches
12. The eyewear device of claim 11, wherein the eyewear frame further comprises optical lenses. (fig. 8)
Re claims 13 and 24, Chen while teaching facing a person speaking, which suggest a microphone can be the detector per se, it fails to teach:
13. The eyewear device of claim 11, wherein:
the eyewear frame further comprises a proximity sensor configured to detect at least the presence of a user; and (Sprague determine user location as they move 0038 and 0183)
receiving the communication datum comprises:
receiving a presence datum from at least the proximity sensor; and (Sprague determine user location as they move 0038 and 0183)
receiving the communication datum as a function of the presence datum. (Sprague determine user location as they move 0038 and 0183)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the microphones roles of detecting per se of Chen for another such as the express ultrasonic proximity detector of Sprague, to obtain predictable results, which improves the system to allow a multi-modal detection of a person such as to measure the distance of a user in relation to how loud to output the audio heard form said user.
Re claims 14 and 25, However, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
14. The eyewear device of claim 11, wherein modifying the communication datum to generate the modified communication datum comprises: (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
receiving communication training data having a plurality of communication data correlated to a plurality of modified communication data; (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
training a communication machine learning model as a function of the communication training data; (Tu translation model, ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
generating the modified communication datum as a function of the communication machine learning model. (Tu translation model, ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claims 15 and 26, Chen fails to teach:
15. The eyewear device of claim 11, wherein the user input device comprises a capacitive sensor. (Sprague 0140 - 0141)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for use of a known technique such as touch screen or similar capacitive sensors to improve similar devices in the same way such as Chen’s autonomous operations can include a touch screen, providing an improved frame system through multi-modal means of touch, actuator, slide, button, etc..
Re claims 16 and 27, Chen teaches
16. The eyewear device of claim 11, wherein in the first mode, the second unidirectional audio input device is disabled, and in the second mode, the first unidirectional audio input device is disabled. (switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219) (user worn glasses in conversation with another person who is speaking 0210 0219)
Re claims 17 and 28, Chen teaches
17. The eyewear device of claim 11, wherein the computing device is configured to, in a first mode, transmit the modified communication datum to the audio output device. (a speaker device to help cancel noise on side frame of glasses 0198, using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219) (user worn glasses in conversation with another person who is speaking 0210 0219)
Re claims 18 and 29, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
18. The eyewear device of claim 11, wherein modifying the communication datum to generate a modified communication datum comprises: (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
converting the communication datum into communication text wherein the communication text comprises textual data; (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
transmitting the communication text to a server; and (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
receiving a modified communication datum from the server as a function of the communication text. (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 19, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
19. The eyewear device of claim 18, wherein receiving the modified communication datum comprises:
determining a communication language; and (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
comparing the communication language to a desired language; and (Tu native language is desired language ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
generating a translated communication datum for the modified communication datum as a function of the communication language and the desired language. (Tu source to target is literal translation ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 20 and 31, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
20. The eyewear device of claim 19, wherein computing device is further configured to receive the translated communication datum and output the translated communication datum using the at least one audio output device. (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 21 and 32, while Chen teaches witching between TV and a person, it fails to teach:
21. The eyewear device of claim 11, wherein the computing device is configured to switch from the second mode to the first mode as a function of a termination of a voice call. (a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the mode of operation of Chen for another such as the switchable modes from hearing of Sprague, to obtain predictable results, to create a multi-modal system that can answer a call, end a call, play a song, volume, etc., thereby improving the user interface.
Re claim 22, Chen teaches
22. A method of use for an eyewear device, the method comprising: (fig. 8)
…wherein the eyewear frame comprises: (fig. 8)
a first unidirectional audio input device configured to receive a communication datum associated with an individual in communication with the user; (when receiving speech/audio from a person as in fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
a second unidirectional audio input device configured to receive a user speech from the user; (can be a TV or users own voice 0121, as in fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
at least one audio output device located on at least one temple of the eyewear frame; (a speaker device to help cancel noise on side frame of glasses 0198)
in the second mode, receiving, by the computing device, the user speech from the second unidirectional audio input device and transmitting the user speech to a remote device. (can be a TV or users own voice 0121, using ASR 0203 with transmission externally for further processing 0194 based on using the switch mode in 0222 to toggle between talking to a person and not talking to a person, and fig. 8 microphones are uni-directional 0103 and toggling microphones for listening to a person or watching TV versus initiating a phone call or the lack of a presence of another sound source 0222-0223…user worn glasses in conversation with another person who is speaking 0210 0219 user worn glasses in conversation with another person who is speaking 0210 0219)
However, while Chen teaches two or more modes of action such as listening to a user speaking or the individual doing something else such as initiating a phone call, such toggle steps are performed automatically and fails to teach:
receiving, by a computing device communicatively connected to the eyewear device, a user input from a user input device located on an eyewear frame of the eyewear device… (a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
the user input device, the input device configured to control whether the eyewear frame is in a first mode or a second mode; and (user input is data from a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
wherein the user input causes a switch between a first mode and a second mode, wherein one of the first and the second modes is a hearing mode, and (direct user input, not passive per se as results of processing, for switching modes using a button, e.g. a button to switch between hearing and another mode including listening to what was just heard 0140 as well as a phone 0156 0199 where a call can end and the user can switch back 0107 with the option to automate 0108 using presets 0030)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen to incorporate the above claim limitations as taught by Sprague to allow for a simple substitution of one known element such as the automatic toggling of Chen for another such as the manual toggling of Sprague with an option to automate, as well as specificity to a “cloud” server analogously for remote processing, to obtain predictable results, which improves the system to allow a user to expressly switch from hearing to another mode and also have presets for different environments that can use location and other metrics to switch into a mode, and if the user decides to override he can do so.
However, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
in the first mode, receiving, by the computing device, the communication datum from the first unidirectional audio input device and modifying the communication datum to generate a modified communication datum; and (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
Re claim 30, while external processing suggests receiving a result back, Chen does not describe modification per se and the combination fails to teach:
30. The method of claim 29, wherein the modified communication datum comprises a translated communication datum. (Tu ASR or speech to text 0015 0059 using a cloud server or local depending on resources 0365 for modifying the data such as for translation via a model 0160, using a pair of smart glasses fig. 18b where the modified data or translation can be viewed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Chen in view of Sprague to incorporate the above claim limitations as taught by Tu to allow for a simple substitution of one known element such as the manner in which remote processing returns data of Chen for another such as the modified return text of Tu, to obtain predictable results, which improves the system to tangible receive transformed data such as altered text which can be a grammar correction or a translation into another language, thereby allowing users to communicate with individuals speaking another language or alternatively receive transformed text in a different formatting that is easier to understand e.g. numbers and symbols for minutes, currency, etc.
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 extension fee 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 date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220323286 A1 Cansizoglu; Omer et al.
Glasses to process surroundings
US 9380374 B2 Sprague; Peter J. et al.
Glasses with hearing assistance
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/MICHAEL COLUCCI/Primary Examiner, Art Unit 2655 (571)-270-1847
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Michael.Colucci@uspto.gov
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