DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 18, 2026 has been entered.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claim(s) 1-3, 6, 8, 10-13, 16, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Pub No 2022/0167112 A1 to Loberg et al. (“Loberg”).
As to claim 1, Loberg discloses a wearable electronic device comprising: a microphone; communication circuitry; a speaker; at least one processor operatively connected with the microphone, the communication circuitry, and the speaker (see figure 1; pg. 3, ¶ 0037, ¶ 0039; pg. 4, ¶ 0050); and memory storing instructions that, when executed by the at least one processor individually or collectively, cause the wearable electronic device to: identify whether a first user of the wearable electronic device and a second user of an external electronic device are located in a same space (see figures 1 and 3-5; pg. 6, ¶ 0070, ¶ 0076; pg. 10, ¶ 0130; pg. 13, ¶ 0164 - ¶ 0166), based on identifying that the first user and the second user are located in the same space (see pg. 6, ¶ 0072, ¶ 0074, ¶ 0076): identify a first volume of a voice of the second user obtained through the microphone; identify whether the first volume is greater than or equal to a first reference intensity; based on identifying that the first volume is greater than or equal to the first reference intensity, control an audio setting such that a voice signal received from the external electronic device through the communication circuitry and corresponding to the voice of the second user is not outputted through the speaker (at or above certain decibel level, see pgs. 7-8, ¶ 0083 - ¶ 0085, ¶ 0087, ¶ 0090 - ¶ 0092; pg. 13, ¶ 0171; pg. 15, ¶ 0192); and based on identifying that the first volume is less than the first reference intensity, control the audio setting such that the voice signal is outputted through the speaker (below certain decibel level, pg. 4, ¶ 0051; pg. 7, ¶ 0087, ¶ 0090; pg. 11, ¶ 0137).
As to claim 2, Loberg further discloses wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable electronic device to: identify whether the first user and the second user are located in a same room (see figures 2A-2B; pg. 4, ¶ 0052 - ¶ 0053; pg. 6, ¶ 0069; pg. 7, ¶ 0080).
As to claim 3, Loberg further discloses wherein the instructions, when executed by the at least one processor individually or collectively, further cause the wearable electronic device to: identify whether a distance between the first user and the second user is less than or equal to a designated distance (see pg. 6, ¶ 0069, ¶ 0072; pg. 10, ¶ 0127).
As to claim 6, Loberg further discloses wherein the instructions, when executed by the at least one processor individually or collectively, further cause the wearable electronic device to: based on a first user input, control the audio setting such that the voice signal is not outputted, and based on a second user input, control the audio setting such that the voice signal is outputted through the speaker (see pg. 6, ¶ 0072).
As to claim 8, Loberg further discloses wherein the instructions, when executed by the at least one processor individually or collectively, further cause the wearable electronic device to: identify a second volume of the voice of the second user obtained from the external electronic device, and based on identifying that the first volume is less than the first reference intensity, based on the second volume, control the audio setting such that the voice signal is outputted through the speaker (below certain decibel level, pg. 4, ¶ 0051; pg. 7, ¶ 0087, ¶ 0090; pg. 11, ¶ 0137).
As to claim 10, Loberg further discloses wherein the instructions, when executed by the at least one processor individually or collectively, further cause the wearable electronic device to: based on the second user including a plurality of second users, identify at least one user located in the same space as the first user among the plurality of second users, and set a first sound mode or a second sound mode for each of the at least one user, wherein the first sound mode is a mode set to output a voice signal corresponding to a voice of a user set as the first sound mode through an earphone connected to the wearable electronic device, and wherein the second sound mode is a mode set to refrain from outputting the voice signal corresponding to the voice of the user set as the second sound mode (see figures 2A-2B; pg. 5, ¶ 0062; pgs. 6-7, ¶ 0071, ¶ 0073 - ¶ 0074, ¶ 0076 - ¶ 0080).
As to claim 11, Loberg discloses a method for controlling an audio setting in a wearable electronic device (see figure 1; pg. 3, ¶ 0039), the method comprising: identifying, by the wearable electronic device, whether a first user of the wearable electronic device and a second user of an external electronic device are located in a same space (see figures 1 and 3-5; pg. 6, ¶ 0070, ¶ 0076; pg. 10, ¶ 0130; pg. 13, ¶ 0164 - ¶ 0166); based on identifying that the first user and the second user are located in the same space: identifying, by the wearable electronic device, a first volume of a voice of the second user obtained through a microphone of the wearable electronic device, identifying, by the wearable electronic device, whether the first volume is greater than or equal to a first reference intensity, based on identifying that the first volume is greater than or equal to the first reference intensity, controlling, by the wearable electronic device, the audio setting such that a voice signal received from the external electronic device through communication circuitry of the wearable electronic device and corresponding to the voice of the second user is not outputted through a speaker of the wearable electronic device (at or above certain decibel level, see pgs. 7-8, ¶ 0083 - ¶ 0085, ¶ 0087, ¶ 0090 - ¶ 0092; pg. 13, ¶ 0171; pg. 15, ¶ 0192), and based on identifying that the first volume is less than the first reference intensity, controlling, by the wearable electronic device, the audio setting such that the voice signal is outputted through the speaker (below certain decibel level, pg. 4, ¶ 0051; pg. 7, ¶ 0087, ¶ 0090; pg. 11, ¶ 0137); and based on identifying that the first user and the second user are not located in the same space, controlling, by the wearable electronic device, the audio setting such that the voice signal is outputted through the speaker (see figures 3-5; pg. 4, ¶ 0051; pgs. 10-11, ¶ 0131 - ¶ 0132, ¶ 0136 - ¶ 0138).
As to claim 12, Loberg further discloses wherein the identifying of whether the first user of the wearable electronic device and the second user of the external electronic device are located in the same space comprises identifying whether the first user and the second user are located in a same room (see figures 2A-2B; pg. 4, ¶ 0052 - ¶ 0053; pg. 6, ¶ 0069; pg. 7, ¶ 0080).
As to claim 13, Loberg further discloses wherein the identifying of whether the first user of the wearable electronic device and the second user of the external electronic device are located in the same space comprises identifying whether a distance between the first user and the second user is less than or equal to a designated distance (see pg. 6, ¶ 0069, ¶ 0072; pg. 10, ¶ 0127).
As to claim 16, Loberg further discloses further comprising: based on a first user input, controlling, by the wearable electronic device, the audio setting such that the voice signal is not outputted; and based on a second user input, controlling, by the wearable electronic device, the audio setting such that the voice signal is outputted through the speaker (see pg. 6, ¶ 0072).
As to claim 18, Loberg further discloses further comprising: identifying, by the wearable electronic device, a second volume of the voice of the second user obtained from the external electronic device; and based on identifying that the first volume is less than the first reference intensity, based on the second volume, controlling, by the wearable electronic device, the audio setting such that the voice signal is outputted through the speaker (below certain decibel level, pg. 4, ¶ 0051; pg. 7, ¶ 0087, ¶ 0090; pg. 11, ¶ 0137).
As to claim 20, Loberg further discloses further comprising: based on the second user including a plurality of second users, identifying, by the wearable electronic device, at least one user located in the same space as the first user among the plurality of second users; and setting, by the wearable electronic device, a first sound mode or a second sound mode for each of the at least one user, wherein the first sound mode is a mode set to output a voice signal corresponding to a voice of a user set as the first sound mode through an earphone connected to the wearable electronic device, and wherein the second sound mode is a mode set to refrain from outputting the voice signal corresponding to the voice of the user set as the second sound mode (see figures 2A-2B; pg. 5, ¶ 0062; pgs. 6-7, ¶ 0071, ¶ 0073 - ¶ 0074, ¶ 0076 - ¶ 0080).
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loberg in view of US Patent No 10574472 B1 to Lovitt et al. (“Lovitt”).
As to claims 9 and 19, Loberg discloses the wearable electronic device and method of respective claims 1 and 11.
Loberg does not disclose further comprising wherein the instructions, when executed by the at least one processor individually or collectively, further cause the wearable electronic device to: identify whether an earphone is connected to the wearable electronic device, based on identifying that the earphone is connected to the wearable electronic device, identify an intensity of an external noise obtained through a microphone, identify whether the intensity of the external noise is less than or equal to a reference intensity, based on identifying that the intensity of the external noise is less than or equal to the reference intensity, control the audio setting such that the voice signal is not outputted, and based on identifying that the intensity of the external noise exceeds the reference intensity, control the audio setting such that the voice signal is outputted through the earphone.
Lovitt discloses a similar system for transitioning between indirect and direct communication (see col. 1, lines 7-35), and further discloses the system configured to use a microphone to measure sound pressure levels of background noise in the physical environment and determining whether the physical environment is suitable for direct in-person conversation based on a predetermined threshold and/or noise levels, and triggering a change to indirect communication when noise levels rise where the conversation is presented with associated speakers (see col. 16, lines 18-26; col. 18, lines 57-61; col. 20, lines 15-36; col. 24, lines 23-33).
Loberg and Lovitt are analogous art because they are both drawn to voice communication systems.
It would have been an obvious choice before the effective filing date of the claimed invention to consider external noise intensity as taught by Lovitt in the device as taught by Loberg. The motivation being to ensure the voice communications are presented in an intelligible manner, particularly in noisy environments where indirect communication might be necessary due to high levels of noise in the environment compared to conversation levels (Lovitt col. 20, lines 15-36; col. 24, lines 23-33). In addition, identifying whether an earphone is connected to the wearable electronic device and providing the voice signal through the earphone is further considered obvious given the teachings of Loberg in view of Lovitt, as the use of an earphone in particular for outputting sound is merely a straightforward possibility from which a skilled person would select, particularly in embodiments where the system is implemented with electronic devices that can be associated with additional devices such as earpieces (Loberg figure 1; pg. 3, ¶ 0039; pg. 4, ¶ 0049). The functionality of the system after such a modification would remain the same, as long as a speaker device is used to present indirect communications to the user when noise levels exceed a threshold.
Response to Arguments
6. Applicant's arguments filed May 18, 2026 have been fully considered but they are not persuasive.
Regarding claims 1 and 11, Applicant argues that in Loberg, “transmitting voice communications is refrained based on the vocal distance attribute,” however “in the claims of the instant application, an audio setting is controlled such that a voice signal received from the external electronic device through the communication circuitry and corresponding to the voice of the second user is not outputted through the speaker,” and “though a voice signal corresponding to the voice of the second user is received from the external electronic device, the voice is not outputted through the speaker.”
Examiner respectfully disagrees. As noted by Applicant, Loberg discloses voice communications being refrained from transmission based on the vocal distance attribute, and therefore the voice communications are not output through the speaker when the users are located in the same geographic site and within physical hearing distance (see figure 5; pg. 12, ¶ 0148). However Loberg also discloses that refraining from transmitting voice communications can be effectuated in various ways, including refraining from transmitting an audio signal of a detected voice communication as noted by Applicant, but it can also refer to refraining from presenting the received voice communications between devices to the users (see pg. 8, ¶ 0092; pg. 13, ¶ 0171; pg. 15, ¶ 0192). As received voice communications are presented to the user via the speaker, it is understood that refraining from presenting received voice communications refers to the received audio signal not being output through the speaker (see pg. 4, ¶ 0050). Examiner respectfully maintains Loberg teaches the limitations as claimed.
Applicant further argues that “in the claims, under the assumption that the first user and the second user are located in the same space, identifying the first volume and controlling the audio setting can be performed,” and in Loberg, “in order to determine whether the users are within the physical hearing distance, the level of the sound of the user is compared with the certain decibel level.”
Examiner respectfully disagrees. Loberg discloses the system can identify the physical locations and/or geographic sites of first and second users, i.e. RW clients 225 and 230, through various means, such as positioning data, user input, tracking systems, etc., and based on determining the physical locations of the users, the system can further determine a vocal distance attribute to determine if the physical locations of the users are within physical hearing distance of each other (see pg. 6, ¶ 0072, ¶ 0074, ¶ 0076). The system can first determine the physical location of the user, e.g. if the users are located within the same space or geographic site (see pg. 6, ¶ 0076), and based on this determination, can further determine the physical hearing distance of the users by detecting if a verbal communication of a user is picked up by the devices associated with both users within the same space, i.e. detecting a volume of the verbal communication. If the signals corresponding to the verbal communication are determined to be at or above a certain decibel level, the devices and corresponding users are determined to be within physical hearing distance of each other, and a voice communication state is set accordingly (see pg. 7, ¶ 0083 - ¶ 0085, ¶ 0087, ¶ 0090 - ¶ 0091).
That is, if it is determined that voice communications between the users are above a certain decibel level and therefore physically hearable by the users, electronic voice communication between devices is disabled in order to avoid echoing effects that may result from said electronic transmissions (see pg. 7, ¶ 0090 - ¶ 0091). If the users are determined to not be within physical hearing distance of each other due to the detected communications being determined to be at or below a certain decibel level, a communication state between devices is set for electronic transmission between devices, so the received microphone signals from one device or user are wirelessly transmitted to the second device or user for output via a speaker (see pg. 4, ¶ 0051; pg. 7, ¶ 0087, ¶ 0090; pg. 11, ¶ 0137). Loberg is therefore considered to teach the limitations as claimed.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 5712727488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
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