DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
The Amendment filed March 03, 2026 has been entered. Claims 1-5, and 11-15 have been amended. Claims 1-20 are pending in the application. Applicant’s amendments to the claims have overcome the 112(b) set forth in the Non-Final Office Action mailed January 07, 2026.
Claim Rejections - 35 USC § 103
2. 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 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.
3. 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 of this title, 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.
4. Claims 1-5, 10-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Skoglund et al. U.S. Patent Application Publication 20220070567 (hereinafter, “Skoglund”, previously cited) in view of Tachibana et al. U.S. Patent Application Publication 20140093088 (hereinafter, “Tachibana”, previously cited), and further in view of Abrahamsson Patent Application Publication 20120114154.
Regarding claim 1, Skoglund teaches pair of earphones (earphone, par [0032], see Skoglund) with on-head detection (The hearing aid may comprise a hearing instrument, e.g. a hearing instrument adapted for being located at the ear or fully or partially in the ear canal of a user, e.g. a headset, an earphone, an ear protection device or a combination thereof, par [0032]; The hearing aid may comprise a number of detectors configured to provide status signals relating to a current physical environment of the hearing aid (e.g. the current acoustic environment), and/or to a current state of the user wearing the hearing aid, and/or to a current state or mode of operation of the hearing aid, par [0016], see Skoglund), comprising:
a first earpiece (see left side hearing aid 220, Fig. 6, par [0074], also as earphone see par [0032], see Skoglund) housing a first orientation sensor (IMUs 221, Fig. 6, par [0074]; Inertial sensors (IMU), par [0070]; Further, it relates to a method to estimate a hearing aid (HA) user head orientation using inertial sensors, par [0068]; An inertial measurement unit (IMU) is a set of sensors comprising at least an accelerometer and/or at least one gyroscope, par [0124], see Skoglund), the first orientation sensor outputting a first orientation signal representing a first orientation of the first earpiece (To estimate orientation of the IMU relative to an earth reference frame, two linearly independent vectors, mutual in earth and IMU coordinate systems have to be identified. Using the accelerometer, the gravity vector can be identified and using the magnetometer, the magnetic field of earth can be identified. For example, a single sound source can be selected based on the accelerometer or IMU input in the hearing aid system, par [0124], see Skoglund);
a second earpiece (see right side hearing aid 220, Fig. 6, par [0074], also as earphone see par [0032], see Skoglund) housing a second orientation sensor (IMUs 221, Fig. 6, par [0074]; Inertial sensors (IMU), par [0070]; Further, it relates to a method to estimate a hearing aid (HA) user head orientation using inertial sensors, par [0068]; An inertial measurement unit (IMU) is a set of sensors comprising at least an accelerometer and/or at least one gyroscope, par [0124], see Skoglund), the second orientation sensor outputting a second orientation signal representing a second orientation of the second earpiece (To estimate orientation of the IMU relative to an earth reference frame, two linearly independent vectors, mutual in earth and IMU coordinate systems have to be identified. Using the accelerometer, the gravity vector can be identified and using the magnetometer, the magnetic field of earth can be identified. For example, a single sound source can be selected based on the accelerometer or IMU input in the hearing aid system, par [0124], see Skoglund); and
a controller configured (The electronic hardware may include micro-electronic-mechanical systems (MEMS), integrated circuits (e.g. application specific), microprocessors, microcontrollers, digital signal processors (DSPs), field programmable gate arrays (FPGAs), programmable logic devices (PLDs), gated logic, discrete hardware circuits, printed circuit boards (PCB) (e.g. flexible PCBs), and other suitable hardware configured to perform the various functionality described throughout this disclosure, e.g. sensors, e.g. for sensing and/or registering physical properties of the environment, the device, the user, etc. par [0067], see Skoglund) (Sharing data across HAs is needed if we want to estimate angular velocity from only accelerometers. Then the CPU unit pick the data from the memory unit and applies the signal processing methods explained below. From this signal processing methods, we then get an estimated on the head orientation that can be used in a wide range of audiological application as described above (par [0075], see Skoglund). The gyroscope bias is assumed to vary and since the angular velocity from the gyroscope is integrated to estimate orientation, par [0125], see Skoglund) .
However, Skoglund does not explicitly disclose determine an on-head status of the first earpiece and the second earpiece based, at least in part, on whether the first orientation signal and the second orientation signal represent a common change in orientation, wherein the controller is further configured to begin or suspend at least one function of the pair of earphones upon determining a change in the on-head status of at least one the first earpiece or the second earpiece.
Tachibana teaches method of checking earphone wearing state (see Title) in which in the first exemplary embodiment, it is possible to accurately detect the current orientation of the face of a user wearing an earphone, and use the detected orientation for various controls in applications such as audio navigation and games. Accurately detecting the orientation of a user's face may be conducted by detecting the wearing state and wearing angle of the earphone. Particularly, by detecting the offset angle between the orientation of the user's face on a horizontal plane (the forward direction) and the forward direction of the sensor mounted on board the earphone (a specific axis), it is possible to correct the forward direction determined by the sensor (par [0042], see Tachibana). An audio playback apparatus may be configured to subsequently conduct a switching control on the basis of the detected results, so as to send left or right audio output to the earphone on the corresponding side (par [0141], see Tachibana).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the method of checking earphone wearing state taught by Tachibana with the pair of earphones of Skoglund such that to obtain determine an on-head status of the first earpiece and the second earpiece based, at least in part, on whether the first orientation signal and the second orientation signal represent a common change in orientation, wherein the controller is further configured to begin or suspend at least one function of the pair of earphones upon determining a change in the on-head status of at least one the first earpiece or the second earpiece for purpose of providing audio navigation for pedestrians and games, without using laser range-finding methods like those of the above related art, as suggested by Tachibana in paragraph [0007].
However Skoglund does not explicitly disclose does not explicitly disclose whether the first orientation signal and the second orientation signal represent a common change in orientation being comparing the first orientation signal to the second orientation signal to determine whether the first orientation signal and the second orientation signal represent a common change in orientation.
Abrahamsson teaches using accelerometers for left right detection of headset earpieces (see Title) in which referring to Figs. 1A, 1B, 2A, 2B, and par [0075], in using the earplugs, a user 3 inserts each earplug 1 of a headset 8 in a respective ear 2 such that the earplugs are oriented as guided by one or both of the features 11 or 21 or some other feature. Since the earplugs 1 are the same or substantially the same, the accelerometer 5 is located at the same or at least approximately the same relative location in each earplug housing 7 and the orientation of the accelerometer 5 in each housing is the same or at least substantially the same (i.e., comparing). The accelerometer 5 senses the downward direction, e.g., due to gravity, and provides an accelerometer output signal representative of its orientation with respect to gravity. Thus, the accelerometer output signal represents the relation of the orientation of the housing 7 in the ear to the gravity vector (predetermined direction; the relation mentioned above is referred to as angle alpha (.alpha.) (i.e., a common change in orientation) (see Figs. 1A, 1B, 2A, 2B, par [0075], see Abrahamsson).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the using accelerometers for left right detection of headset earpieces taught by Abrahamsson with the pair of earphones of Skoglund in view of Tachibana such that to obtain whether the first orientation signal and the second orientation signal represent a common change in orientation being comparing the first orientation signal to the second orientation signal to determine whether the first orientation signal and the second orientation signal represent a common change in orientation for purpose of improving with ease user experience for complex sounds, such as 3D audio, surround sound, binaural sound, or stereophonic sound, as suggested by Abrahamsson in paragraph [0010].
Regarding claim 2, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 1. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein the first orientation signal comprises a first vector of angular rates (angular rates, par [0298], see Skoglund), wherein the second orientation signal comprises a second vector of angular rates (angular rates, par [0298], see Skoglund), wherein determining whether the first orientation signal and the second orientation signal represents a common change in orientation (Sharing data across HAs is needed if we want to estimate angular velocity from only accelerometers. Then the CPU unit pick the data from the memory unit and applies the signal processing methods explained below. From this signal processing methods, we then get an estimated on the head orientation that can be used in a wide range of audiological application as described above (par [0075], see Skoglund). The gyroscope bias is assumed to vary and since the angular velocity from the gyroscope is integrated to estimate orientation, par [0125], see Skoglund). To determine that the gaze is fix in relation to the b-frame, the angular velocity of the gaze vector between every two eye samples is calculated. If this velocity is below a threshold, E.sup.GEB, the head is assumed to be stationary and the average of the gyroscope measurements between the samples is used as a bias measurement, par [0217], see Skoglund) comprises determining whether a difference between a norm of the first vector of angular rates and a norm of the second vector of angular rates exceeds a threshold (FIG. 5.15: Results from NormSp during a rapid yaw movement. The aim with this plot is to illustrate how model errors affect the estimated orientation. As results show, performance of the estimation during dynamical events varied. For small angular rates, all estimation methods followed the ground truth dynamics in a satisfactory way while for larger angular rates in yaw, significant estimation errors could occur as can be seen in FIG. 5.15. These errors probably originated from the simplification in the accelerometer measurement model. The assumption of ∥a∥<<g neglecting accelerations, result in that centripetal and acceleration forces are identified as gravity. This affects roll and pitch estimates since angular rate in z in the b-frame is projected to x and y in the g-frame, thereby leading to errors. To some extent, these disturbances are mitigated by setting a threshold for the normalized accelerometer vector but a too small threshold would reduce the number of samples too much impairing the estimate and would leave it more sensitive to accelerometer calibration errors, see Fig. 5.15, pars [0298], [0299], see Skoglund).
Regarding claim 3, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 1. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein determining whether the first orientation signal and the second orientation signal represents a common change in orientation (Sharing data across HAs is needed if we want to estimate angular velocity from only accelerometers. Then the CPU unit pick the data from the memory unit and applies the signal processing methods explained below. From this signal processing methods, we then get an estimated on the head orientation that can be used in a wide range of audiological application as described above (par [0075], see Skoglund). The gyroscope bias is assumed to vary and since the angular velocity from the gyroscope is integrated to estimate orientation, par [0125], see Skoglund) comprises determining whether a difference between a rotation step of the first orientation signal and the rotation step of the second orientation signal exceeds a threshold (In Figure 5.30: A section from DotSacI. Upper plot shows angular velocity around b-frame y-axis, gaze (orange), head (blue). Middle plot shows angular velocity around b-frame z-axis, gaze (orange), head (blue). Lower plot shows absolute difference in angular velocity between gaze and head rotation around b-frame y-axis (orange), z-axis (blue). The dot stimuli is indicated by the red dashed line in every plot. Gray dashed lines in the lowermost plot indicate thresholds of 10 /s and 25 0/s, see Figure 5.30, par [0346], see Skoglund).
Regarding claim 4, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 3. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein determining a difference between a rotation step (FIG. 8a shows estimated yaw angle (blue) and a reference yaw angle (red). FIG. 8b shows estimated bias in yaw direction. Estimation is performed with an estimated gyroscopic bias, par [0082], Skoglund) of the first orientation signal (If the bias is not known and unaccounted for, the estimate of orientation will quickly deteriorate. An example of this is shown in FIG. 7a-b. FIG. 7a shows estimated yaw angle (blue) and reference yaw angle (red). FIG. 7b shows estimated bias in yaw direction. Estimation is performed with gyroscopic bias equal to zero, FIG. 7a-b, pars [0077], [0078]) and the rotation step of the second orientation signal (If the bias is not known and unaccounted for, the estimate of orientation will quickly deteriorate. An example of this is shown in FIG. 7a-b. FIG. 7a shows estimated yaw angle (blue) and reference yaw angle (red). FIG. 7b shows estimated bias in yaw direction. Estimation is performed with gyroscopic bias equal to zero, FIG. 7a-b, pars [0077], [0078]) comprises comparing a rotation angle (i.e., yaw angle) of the first orientation signal and a rotation angle of the second orientation signal (From FIG. 5.29 one can see that a head movement is completed between a half and one second later than the eye movement, which would imply that gaze steering is favorable compared to head steering in terms of speed FIG. 5.29: Results from DotSac1, where the user follows the dot with both gaze and head direction. Upper plot shows horizontal gaze direction (orange) and estimated yaw angle of the head (blue). Middle plot shows b-frame angular velocity around z-axis, gaze (orange) and head (blue). Lower plot shows how the dot in the stimuli was positioned horizontally (red) and gaze direction compensated by head orientation to indicate the gaze direction in g-frame (blue), see FIG. 5.29, pars [0343], [0344], see Skoglund). The motivation is for purpose of providing audio navigation for pedestrians and games, without using laser range-finding methods like those of the above related art, as suggested by Tachibana in paragraph [0007].
Regarding claim 5, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 3. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein the first orientation signal comprises data representing a quaternion characterizing the first orientation (One way to represent orientation is the unit quaternion. The quaternion representation was first introduced, orientation is described using the quaternion vector, par [0119], see Skoglund), wherein the second orientation signal comprises data representing a quaternion characterizing the second orientation (One way to represent orientation is the unit quaternion. The quaternion representation was first introduced, orientation is described using the quaternion vector, par [0119], see Skoglund), wherein determining whether a difference between a rotation step of the first orientation signal and the rotation step of the second orientation signal exceeds a threshold (In Figure 5.30: A section from DotSacI. Upper plot shows angular velocity around b-frame y-axis, gaze (orange), head (blue). Middle plot shows angular velocity around b-frame z-axis, gaze (orange), head (blue). Lower plot shows absolute difference in angular velocity between gaze and head rotation around b-frame y-axis (orange), z-axis (blue). The dot stimuli is indicated by the red dashed line in every plot. Gray dashed lines in the lowermost plot indicate thresholds of 10 /s and 25 0/s, see Figure 5.30, par [0346], see Skoglund); comprises determining whether a difference between a change in orientation of a known axis of the first orientation sensor and a change in a known axis of the second orientation sensor (Body: The body coordinate system, represented by (xb; yb; zb) in FIG. 3.2 is defined as the right hand system with origin in the center of the camera, tcb=-0. The x-axis is directed as the z-axis of the IMU-frame and the body z-axis is directed upwards. Hereafter it will be called the b-frame, par [0188], see Skoglund) exceeds a threshold ((i.e., ∥a∥<<g, par [0212], see Skoglund); where R(q--k) is the rotational matrix from the g-frame to the b-frame, parametrized using the unit quaternion. Furthermore, ak defines the acceleration of the glasses, g is the gravitation and e-k-acc- the measurement noise, distributed e-k-acc- ~N (0, Racc. Since the use of the IMU is to estimate the orientation only, ∥a∥<<g will be assumed, i.e., threshold, par [0212]; see Skoglund).
Regarding claim 10, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 1. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein determining an on-head status of the first earpiece and the second earpiece is further based on input from a sensor (determines an earphone wearing state based on the output from the3-axis acceleration sensor in the still state and the output from the3-axis acceleration sensor at the time of detecting the maximum nodding angle, par [0014], see Skoglund).
Regarding claim 11, this claim merely reflects the method to the apparatus claim of Claim 1 and is therefore rejected for the same reasons.
Regarding claim 12, this claim merely reflects the method to the apparatus claim of Claim 2 and is therefore rejected for the same reasons.
Regarding claim 13, this claim merely reflects the method to the apparatus claim of Claim 3 and is therefore rejected for the same reasons.
Regarding claim 14, this claim merely reflects the method to the apparatus claim of Claim 4 and is therefore rejected for the same reasons.
Regarding claim 15, this claim merely reflects the method to the apparatus claim of Claim 5 and is therefore rejected for the same reasons.
Regarding claim 20, this claim merely reflects the method to the apparatus claim of Claim 10 and is therefore rejected for the same reasons.
5. Claims 6, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Skoglund et al. U.S. Patent Application Publication 20220070567 (hereinafter, “Skoglund”, previously cited) in view of Tachibana et al. U.S. Patent Application Publication 20140093088 (hereinafter, “Tachibana”, previously cited) in view of Abrahamsson Patent Application Publication 20120114154, and further in view of Puskarich U.S. Patent 20140016803 (previously cited).
Regarding claim 6, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 1. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein beginning or suspending at least one function of the pair of earphones comprises suspending audio playback (an audio playback apparatus may be configured to subsequently conduct a switching control on the basis of the detected results, so as to send left or right audio output to the earphone on the corresponding side, par [0141], see Tachibana).
However, Skoglund in view of Tachibana in view of Abrahamsson does not explicitly disclose upon determining a change in the on-head status, from on-head to off-head, of at least one of the first earpiece or the second earpiece.
Puskarich teaches earphones with ear presence sensors (see Title) in which accordingly, in response to detection of removal of one of the earbuds from the user's ear, device 10 may automatically pause audio playback. Playback may also be completely stopped by device 10 (e.g., by control circuitry 32) in response to detection of earbud removal (i.e., device 10 may perform the same type of stopping operation that would be performed in response to user selection of an on-screen stop option or user actuation of a stop button). Other actions may be taken in response to detection of removal of one earbud from the user's ear, if desired. These examples are merely illustrative (Fig. 1, par [0044], see Puskarich).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the earphones with ear presence sensors taught by Puskarich with the pair of earphones of Skoglund in view of Tachibana in view of Abrahamsson such that to obtain upon determining a change in the on-head status, from on-head to off-head, of at least one of the first earpiece or the second earpiece in order to provide improved ways in which to control operation of an electronic device coupled to an accessory, as suggested by Puskarich in paragraph [0003].
Regarding claim 16, this claim merely reflects the method to the apparatus claim of Claim 6 and is therefore rejected for the same reasons.
6. Claims 7, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Skoglund et al. U.S. Patent Application Publication 20220070567 (hereinafter, “Skoglund”, previously cited) in view of Tachibana et al. U.S. Patent Application Publication 20140093088 (hereinafter, “Tachibana”, previously cited) in view of Abrahamsson Patent Application Publication 20120114154 in view of Puskarich U.S. Patent 20140016803 (previously cited), and further in view of Goldman U.S. Patent Application Publication 20170193978 (previously cited).
Regarding claim 7, Skoglund in view of Tachibana in view of Abrahamsson teaches the pair of earphones of claim 1. Skoglund in view of Tachibana in view of Abrahamsson, as modified, teaches wherein beginning or suspending at least one function of the pair of earphones (an audio playback apparatus may be configured to subsequently conduct a switching control on the basis of the detected results, so as to send left or right audio output to the earphone on the corresponding side, par [0141], see Tachibana).
However, Skoglund in view of Tachibana in view of Abrahamsson does not explicitly disclose upon determining a change in the on-head status, from on-head to off-head, of at least one of the first earpiece or the second earpiece.
Puskarich teaches earphones with ear presence sensors (see Title) in which accordingly, in response to detection of removal of one of the earbuds from the user's ear, device 10 may automatically pause audio playback. Playback may also be completely stopped by device 10 (e.g., by control circuitry 32) in response to detection of earbud removal (i.e., device 10 may perform the same type of stopping operation that would be performed in response to user selection of an on-screen stop option or user actuation of a stop button). Other actions may be taken in response to detection of removal of one earbud from the user's ear, if desired. These examples are merely illustrative (Fig. 1, par [0044], see Puskarich).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the earphones with ear presence sensors taught by Puskarich with the pair of earphones of Skoglund in view of Tachibana such that to obtain upon determining a change in the on-head status, from on-head to off-head, of at least one of the first earpiece or the second earpiece in order to provide improved ways in which to control operation of an electronic device coupled to an accessory, as suggested by Puskarich in paragraph [0003].
Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich, further teaches other actions may be taken in response to detection of removal of one earbud from the user's ear, if desired. These examples are merely illustrative (see par [0044], see Puskarich).
However, Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich does not explicitly disclose comprises beginning a transparency mode.
Goldman teaches headset with hear-through mode (see Title) in which during use, a first microphone 23 may provide a feed forward signal 31 to the noise cancelling circuit 15, and/or the second microphone 24 may provide a feedbackward signal 32 to the noise cancelling circuit 15 to implement the noise cancelling signal. The hear-through signal 34 may be provided directly to the speaker 12, or the hear-through signal 34 may be amplified, filtered, beam formed, etc. before being delivered to the speaker 12. In some embodiments, the hear-through signal is provided via microphone 13, 23, in some embodiments, the hear-through signal may be provided via an opening (not shown) in the earphone housing 25, such as an opening which may be closed when it is not intended to provide a hear-through signal (Fig. 3, par [0078], see Goldman).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the headset with hear-through mode taught by Goldman with the pair of earphones of Skoglund in view of Tachibana in view of Puskarich such that to obtain comprises beginning a transparency mode in order to improve the functionality of headsets for voice communication having an active noise cancelling function, as suggested by Goldman in paragraph [0010].
Regarding claim 17, this claim merely reflects the method to the apparatus claim of Claim 7 and is therefore rejected for the same reasons.
7. Claims 8, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Skoglund et al. U.S. Patent Application Publication 20220070567 (hereinafter, “Skoglund”, previously cited) in view of Tachibana et al. U.S. Patent Application Publication 20140093088 (hereinafter, “Tachibana”, previously cited) in view of Abrahamsson Patent Application Publication 20120114154 in view of Puskarich U.S. Patent 20140016803 (previously cited) in view of Goldman U.S. Patent Application Publication 20170193978 (previously cited), and further in view of Zhang et al. U.S. Patent Application Publication 20230148111 (hereinafter, “Zhang”, previously cited).
Regarding claim 8, Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman teaches the pair of earphones of claim 7.
However, Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman does not explicitly disclose wherein the controller is configured to determine which of the first earpiece and the second earpiece has changed from on-head to off-head according to which of a change in the first orientation signal and a change in the second orientation signal, over a period of time, is larger.
Zhang teaches method for determining a wearing state of an earphone, and earphone system (see Title) in which orientation sensor device 3 may include, in particular, an acceleration sensor 30. As an option, a rate-of-rotation sensor 31 and, also optionally, a magnetic sensor 32, may additionally be provided, as is shown illustratively in FIG. 1. Accordingly, orientation sensor device 3 may include, for example, an inertial measuring unit, abbreviated as IMU. Processor device 110 may be part of orientation sensor device 3. Optional magnetic sensor 32 is preferably connected to the IMU, that is, processor device 110 (Fig. 1, par [0046], see Zhang). In a stationary state of earphone 1, the magnitude of the acceleration signal corresponds to the acceleration due to gravity. As is apparent from the characteristic illustratively shown in FIG. 2, the magnitude of the acceleration signal oscillates about the magnitude of the gravitational acceleration, when earphone 1 is brought to the ear (curve segment VS3 in FIG. 2) and when earphone 1 is lead away from the ear (curve segment VS1 in FIG. 2), so that the signal resembles a period of a sinusoidal signal. Therefore, the wearing state may be determined by ascertaining a characteristic shape of a curve segment in the form of a transient, approximately sinusoidal signal, which stands out markedly from the preceding and subsequent acceleration signals (Fig. 2, par [0059], see Zhang).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the method for determining a wearing state of an earphone, and earphone system taught by Zhang with the pair of earphones of Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman such that capable to obtain wherein the controller is configured to determine which of the first earpiece and the second earpiece has changed from on-head to off-head according to which of a change in the first orientation signal and a change in the second orientation signal, over a period of time, is larger for purpose of using a minimal number of components, and using a small amount of space required for the sensor system, as suggested by Zhang in paragraph [0018].
Regarding claim 18, this claim merely reflects the method to the apparatus claim of Claim 8 and is therefore rejected for the same reasons.
8. Claims 9, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Skoglund et al. U.S. Patent Application Publication 20220070567 (hereinafter, “Skoglund”, previously cited) in view of Tachibana et al. U.S. Patent Application Publication 20140093088 (hereinafter, “Tachibana”, previously cited) in view of Abrahamsson Patent Application Publication 20120114154 in view of Puskarich U.S. Patent 20140016803 (previously cited) in view of Goldman U.S. Patent Application Publication 20170193978 (previously cited), and further in view of Bonner et al. U.S. Patent 10045111 (hereinafter, “Bonner”, previously cited).
Regarding claim 9, Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman teaches the pair of earphones of claim 7. Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman, as modified teaches wherein beginning or suspending at least one function of the pair of earphones (an audio playback apparatus may be configured to subsequently conduct a switching control on the basis of the detected results, so as to send left or right audio output to the earphone on the corresponding side, par [0141], see Tachibana).
However, Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman does not explicitly disclose comprises beginning a pending call upon determining the change in the on- head status, from off-head to on-head, of at least one of the first earpiece or the second earpiece.
Bonner teaches on/off head detection using capacitive sensing (see Title) in which the don signal is generated subsequent to the headphone changing state from a doffed state to a donned state (col. 2, lines 34-36, see Bonner). The method may further include in response to generating a don signal, enabling one or more functions in the electronic device, and in response to generating a doff signal, disabling one or more functions in the electronic device. Enabling one or more functions in the electronic device may include at least one of: powering-on the electronic device, enabling active noise reduction in the electronic device, enabling wireless communication from the electronic device, answering a phone call, and playing audio from the electronic device (col. 2, lines 1-10, see Bonner).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate on/off head detection using capacitive sensing taught by Bonner with the pair of earphones of Skoglund in view of Tachibana in view of Abrahamsson in view of Puskarich in view of Goldman such that capable to obtain comprises beginning a pending call upon determining the change in the on- head status, from off-head to on-head, of at least one of the first earpiece or the second earpiece in order to
reduce or substantially prevent sound from one or more acoustic noise sources that are external to the earpiece from being heard by the user, as suggested by Bonner in col. 5, lines 47-49.
Regarding claim 19, this claim merely reflects the method to the apparatus claim of Claim 9 and is therefore rejected for the same reasons.
Conclusion
9. Applicant's amendment necessitated the new grounds 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CON P TRAN whose telephone number is (571) 272-7532. The examiner can normally be reached M-F (08:30 AM- 05:00 PM) ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VIVIAN C. CHIN can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.P.T/Examiner, Art Unit 2695
/PAUL KIM/Primary Examiner, Art Unit 2695
Prosecution Insights