DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant' s arguments, filed 5/26/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 5/26/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1-5, 8, 9, 12, 15, and 18-28 are the currently pending claims hereby under examination. Claims 6, 7, 10, 11, 13, 14, 16, and 17 have been cancelled. Claims 1, 3, 8, 12, 15, 18, 20, and 21 have been amended. Claims 24-28 have been added.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 12: “the-processor” should be “the processor”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 8, 9, 22, 24, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, and further in view of Texas Instruments (Texas Instruments, TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of McPeak et al. (US-20170094394-A1), hereinafter referred to as McPeak, and further in view of Zhu et al. (CN-114052669-A), hereinafter referred to as Zhu, .
Regarding claim 1, Cross teaches a wearable electronic apparatus, comprising a housing (Cross, FIGS. 3A to 3D; Abstract: “An electronic device comprises an enclosure configured for insertion into the ear canal”; ¶[0131], “Methacrylate in-the-ear (ITE) custom fit shells were manufactured”);
a processor (Cross, Abstract: “A processor, coupled to the distal and proximal temperature sensors and to memory, is configured to calculate an absolute core body temperature using a heat balance equation stored in the memory and the first and second temperature signals”);
a temperature sensor located in the housing (Cross, FIGS. 8 to 15, 19 to 21, and 24; ¶[0053], “Embodiments are directed to devices and methods that measure temperature at a preferred location of the ear canal 22... using a temperature sensor(s) configured to sense conductive and/or convective heat”; ¶[0144], “thermistors were attached under the shell”; ¶[0080], “a thermistor at the key location (e.g., site 2) in a hearing device 1) inside, under or through the shell wall”);
a thermally conductive metal member (Cross, FIGS. 8 to 14; ¶[0070], “The domed insert 1020 can be made of any material, but preferably polymer or metal material”; ¶[0077], “the material on the ear side surface of the shell in an area over or around the temperature sensor can be coated using a thermally conductive adhesive or a metal in order to widen the area from which temperature is preferentially acquired from”; ¶[0073], “A thermally conductive cap 1322 covers the vessel 1324 and is configured to contact the skin 1304 of the ear”);
a flexible circuit board (Cross, FIGS. 11, 12, and 14; ¶[0072], ¶[0075], “The thermistor... electrically connected to a flexible or rigid circuit...”; ¶[0080], “attached via a subassembly (flex, circuit board, molded or otherwise formed structure)”; ¶[0081], “attached via a subassembly (flex, circuit board, molded or otherwise formed structure)”);
and a thermally conductive layer (Cross, FIGS. 8 to 14; ¶[0070], “The thermistor 1010... can be mounted in the insert 1020 using a liquid curable adhesive 1022 that has a thermal conductivity higher than the ear device matrix 1006”; ¶[0070]-[0074], teaching thermally conductive structures/materials in the thermal path between the ear-contacting portion and the temperature sensor);
wherein the housing comprises a sound outlet hole (Cross, FIGS. 3A to 4B; ¶[0131], “Shells were formed with a sound bore hole at the tip”; ¶[0148], “the sound bore hole extending just outside the ear shell”);
and a contact part (Cross, FIGS. 10 to 14; ¶[0051], “areas that can contact an in-the-ear (ITE)... structure”; ¶[0070], “the interface between the thermistor and the ear can be designed to increase... contact... with the ear skin”; ¶[0077], “the material on the ear side surface of the shell in an area over or around the temperature sensor...”);
the temperature sensor comprises a first temperature sensor and a second temperature sensor, the first temperature sensor and the second temperature sensor respectively measure temperatures at different temperature measurement points (Cross, FIGS. 4B, 18 to 21, and 24; Abstract, “A distal temperature sensor is situated at a location of the enclosure... A proximal temperature sensor is situated... proximal of the distal temperature sensor”; ¶[0096], “The system 1800 includes a sensor 1802 which... includes a distal temperature sensor 1804 and a proximal temperature sensor 1806”);
wherein the second temperature sensor is located on a same side of the wearable electronic apparatus as the first temperature sensor and is spaced from the sound outlet hole (Cross, FIGS. 4A and 4B; ¶[0016], describing FIGS. 4A and 4B as views of an ear-worn device used to determine preferred locations for temperature measurements; ¶[0144], “thermistors were attached under the shell at locations 1 and 2 and a third thermistor was placed through the sound bore hole extending just outside the ear shell”);
and the processor is configured to determine a core temperature of a user based on a thermal equilibrium temperature corresponding to the first temperature sensor and a thermal equilibrium temperature corresponding to the second temperature sensor (Cross, Abstract; ¶[0088]-[0091], teaching calculating absolute core body temperature using first and second temperature measurements and a heat balance equation; ¶[0091], “At equilibrium, the influx and efflux of heat at the interior most location is equal”; ¶[0152]-[0154], teaching deriving core temperature based on equilibrium equations using temperatures at internal and external locations);
wherein the contact part is configured to be disposed in an ear of a user and in contact with the ear (Cross, FIGS. 3A to 4B and 8 to 14; ¶[0051], “areas that can contact an in-the-ear (ITE)... structure”; ¶[0070], “the interface between the thermistor and the ear can be designed to increase... contact... with the ear skin”; ¶[0073], “A thermally conductive cap 1322 covers the vessel 1324 and is configured to contact the skin 1304 of the ear”);
and the thermally conductive metal member is embedded in the contact part and exposed on an outer surface of the housing (Cross, FIGS. 10 and 13; ¶[0070], “this can be accomplished using an insert 1020 which can be installed in the ear device matrix 1006 (e.g., integrated as part of the shell 1002)” and “The domed insert 1020 can be made of any material, but preferably polymer or metal material”; ¶[0073], “A thermally conductive cap 1322 covers the vessel 1324 and is configured to contact the skin 1304 of the ear”; ¶[0077], teaching the ear side surface of the shell in the area over or around the temperature sensor can be coated using a thermally conductive adhesive or a metal).
Also regarding claim 1, Cross does not fully teach that both the first temperature sensor and the second temperature sensor are located on the flexible circuit board, and a section of the flexible circuit board on which the second temperature sensor is located is disposed on the housing, or that both the first temperature sensor and the second temperature sensor are located on a side that is of the flexible circuit board and that corresponds to a center of the housing, or that the first temperature sensor is configured to measure a temperature of a first position that is on the flexible circuit board, and the second temperature sensor is configured to measure a temperature of a second position that is on the flexible circuit board. Under broadest reasonable interpretation, a section of the flexible circuit board on which the second temperature sensor is located is disposed on the housing is interpreted as the section of the flexible circuit board carrying the second temperature sensor being positioned, supported, or mounted with respect to the housing, including along or within an inner housing portion, and does not require the section to be externally exposed on an outer surface of the housing. Rather, Cross teaches distal and proximal temperature sensors at different temperature measurement locations in an ear-worn device, and further teaches that a thermistor may be attached via a subassembly including a flex or circuit board (Cross, ¶[0080]-[0081]). However, Cross does not expressly teach the amended arrangement in which both the first and second temperature sensors are on the same flexible circuit board at first and second positions on the flexible circuit board, with the second-sensor section of the flexible circuit board disposed on the housing.
TI teaches locating both temperature sensors on the same flexible circuit board at different positions. TI teaches a hearables body temperature monitor flex PCB strip reference design for measuring body temperature through the ear from a hearable design, wherein “This design implements two TMP117 devices on a small flexible [PCB] that is suitable for hearable devices” and “Two temperature sensors are integrated onto the design to compensate for system or ambient temperature changes that can affect the accuracy of the body temperature measurements” (TI, p. 1, Description). TI further identifies “TMP117 #1 In-Ear Membrane Temperature” and “TMP117 #2 System/Ambient Temperature” (TI, p. 1, Features). TI teaches that the design integrates two TMP117 temperature sensors, “one for measuring the in-ear temperature (main sensor), and another for system and ambient temperature sensing (secondary sensor)” on an “extremely low profile thin-film flex cable making it easily integrated into a hearable device” (TI, p. 2). TI further teaches that “the surrounding electronic system and ambient temperature can create different offsets in the temperature reading” and that “a second TMP117 can be used to adjust for thermal gradients between the body temperature and these environmental temperatures” (TI, p. 2). TI’s FIG. 2-5 depicts the TMP117 main sensor and TMP117 secondary sensor both mounted on the same flexible strip at different positions. TI also teaches that the main sensor should be placed close to the tympanic membrane and isolated from heat sources, and that the secondary sensor should be placed by a heat source that can create a temperature error on the main sensor to calibrate and correlate temperature effects from those heat sources (TI, p. 3, Design Considerations).
McPeak further teaches disposing a flexible circuit, including sections carrying sensors and other electronics, within an earbud housing. McPeak teaches an earbud including a driver, acoustic insert, flexible circuit, antenna, rechargeable battery, and electrical connector, wherein the ear portion includes “a folded up portion of a flexible circuit 3225 that can contain one or more sensors, controllers and myriad other circuits for operating earbud 3000a, b” (McPeak, ¶[0223]). McPeak further teaches that flexible circuit 3225 can couple the electronic systems of the earbud together and that a portion of the flexible circuit extends down and electrically connects to an electrical connector (McPeak, ¶[0223]-[0224]). McPeak further teaches internal sensors within the ear portion of the earbud, and that flexible circuit 3225 can be used to electrically couple all these devices together (McPeak, ¶[0225]). McPeak also teaches a foldable flexible circuit installed in the earbud housing, with FIG. 35 showing the flexible circuit folded as installed in the earbud (McPeak, ¶[0226]). Thus, under the broadest reasonable interpretation above, McPeak teaches a section of a flexible circuit board disposed on the housing because the flexible circuit section is folded and installed within the earbud housing and carries sensors and other circuitry in the ear portion of the earbud.
Zhu further supports this flexible circuit board and housing arrangement. Zhu teaches that “The human body temperature sensor 114 includes a first sensor body and a first sensor FPC 116 (Flexible Printed Circuit)” and that “One end of the first sensor FPC 116 is electrically connected to the first sensor body, and the other end enters the interior of the first housing 111 through the wiring through hole 111-b” (Zhu, ¶[0131]; ¶[0132]). Zhu therefore teaches an earphone temperature sensor and flexible printed circuit arrangement in which the FPC extends into the housing interior and is arranged with respect to the housing. This further supports disposing the sensor-carrying section of the flexible circuit board on the housing under the broadest reasonable interpretation above.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cross’s ear-worn core temperature measuring device to locate the first and second temperature sensors on the same flexible circuit board as taught by TI, and to dispose the section of the flexible circuit board carrying the second temperature sensor on the housing as taught by McPeak and Zhu. Such a modification would have been feasible because Cross already teaches that thermistors may be attached via a subassembly including a flex or circuit board (Cross, ¶[0080]-[0081]), TI expressly teaches a hearable flex PCB strip including two temperature sensors used for in-ear body temperature sensing and system/ambient compensation, McPeak teaches installing a folded flexible circuit in an earbud housing to carry and connect sensors and other electronic components, and Zhu teaches a temperature sensor FPC extending into the interior of an earphone housing. One of ordinary skill in the art would have been motivated to make this modification to provide a compact hearable temperature sensing arrangement, reduce wiring complexity, allow the body temperature sensor and the compensation sensor to be integrated on a single flex assembly, and improve temperature accuracy by using the secondary sensor to compensate for system or ambient temperature effects that can affect the main in-ear body temperature sensor, as expressly taught by TI.
Also regarding claim 1, the modified Cross does not fully teach that both the first temperature sensor and the second temperature sensor are located on a side that is of the flexible circuit board and that corresponds to a center of the housing. Under broadest reasonable interpretation, a side that is of the flexible circuit board and that corresponds to a center of the housing is interpreted as a side of the flexible circuit board facing or oriented toward the housing interior or center, rather than an opposite side facing the exterior ear-contacting surface. Rather, the modified Cross teaches, through TI, that the first and second temperature sensors are both mounted on the same side of the same flexible circuit strip, and teaches, through McPeak, that a flexible circuit carrying sensors and other circuits may be folded and installed inside an earbud housing (TI, FIG. 2-5; McPeak, ¶[0223]-[0226]). However, the modified Cross does not expressly teach that the side of the flexible circuit board carrying both the first and second temperature sensors corresponds to a center of the housing.
Zhu teaches orienting a temperature sensor and flexible printed circuit structure relative to the housing interior. Specifically, Zhu teaches that “The human body temperature sensor 114 includes a first sensor body and a first sensor FPC 116 (Flexible Printed Circuit)” and that “One end of the first sensor FPC 116 is electrically connected to the first sensor body, and the other end enters the interior of the first housing 111 through the wiring through hole 111-b” (Zhu, ¶[0131]; ¶[0132]). Zhu also teaches that the first heat-insulating pad is located on the side of the human body temperature sensor away from the skin contact surface (Zhu, ¶[0131]), thereby defining a sensor orientation relative to the skin-contact surface and the housing interior. As shown in Zhu FIGS. 10 and 13, the sensor body and FPC are arranged such that the FPC extends into the interior of the housing while the sensor assembly is positioned relative to the housing interior and away from the skin-contact surface.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross in view of Zhu to orient the sensor-bearing side of the flexible circuit board toward the center of the housing. Such a modification would have been feasible because TI teaches both sensors on the same side of a flexible circuit strip, McPeak teaches installing a folded flexible circuit inside an earbud housing, and Zhu teaches an earphone temperature sensor/FPC arrangement in which the FPC extends into the housing interior. One of ordinary skill in the art would have been motivated to make this modification to protect the sensor components within the housing, use the limited internal earbud space efficiently, and provide a stable thermal path from the ear-contacting member through the thermal interface structure to the flex-mounted temperature sensor.
Also regarding claim 1, the modified Cross does not fully teach that the thermally conductive layer is fitted between the flexible circuit board and the thermally conductive metal member on the housing in the exact amended arrangement. Rather, the modified Cross teaches a thermally conductive metal member at the ear-contacting housing portion and teaches that thermistors may be supported by a flex or circuit board, and further teaches through TI and McPeak that temperature sensors may be mounted on a flexible circuit board in a hearable housing (Cross, ¶[0070]-[0075]; ¶[0080]-[0081]; TI, pp. 1 to 3; McPeak, ¶[0223]-[0226]). However, the modified Cross does not expressly teach the thermally conductive layer fitted between the flexible circuit board and the thermally conductive metal member on the housing in the exact claimed arrangement.
Zhu teaches a heat transfer structure in an earphone including a heat-conducting cover, a first heat-conducting layer, a human body temperature sensor, and a first sensor FPC, and teaches that body temperature is transmitted to the human body temperature sensor through the heat-conducting cover, the first heat-conducting layer, and the first sensor FPC (Zhu, ¶[0136]). Zhu also teaches that the heat-conducting cover can be made of stainless steel or other material having higher heat transfer capacity, and that the first heat conduction layer includes a heat conduction silicone sheet (Zhu, ¶[0133]; ¶[0134]). Therefore, Zhu teaches fitting a thermally conductive layer in the thermal path between a skin-contacting thermally conductive cover/member and the FPC-supported temperature sensor structure.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to include Zhu’s heat-conducting layer between the flex-mounted temperature sensor structure and the thermally conductive metal member on the housing. Such a modification would have been feasible because Cross and Zhu both teach earphone or ear-worn temperature sensor structures using thermally conductive materials to transfer heat from an ear-contacting surface to a temperature sensor, and because TI and McPeak teach placing sensors and electronic components on flexible circuit structures within hearable housings. One of ordinary skill in the art would have been motivated to include Zhu’s heat-conducting layer to improve heat transfer from the ear-contacting thermally conductive metal member to the flexible circuit board and flex-mounted sensor, thereby improving responsiveness and accuracy of the core temperature measurement.
Regarding claim 2, the modified Cross does not fully teach that the temperature sensor further comprises a third temperature sensor, and the third temperature sensor is spaced from the first temperature sensor and the second temperature sensor, to measure an ambient temperature in which the third temperature sensor is located; and wherein the processor is configured to determine the core temperature of the user based on the thermal equilibrium temperature corresponding to the first temperature sensor, the thermal equilibrium temperature corresponding to the second temperature sensor, and the ambient temperature. Rather, the modified Cross teaches first and second temperature sensors for determining core temperature, and further teaches through TI that surrounding electronic systems and ambient temperature can create offsets in the temperature reading and that an additional temperature sensor can be used to adjust for thermal gradients between body temperature and environmental temperatures (TI, p. 2). However, the modified Cross does not expressly teach a third temperature sensor spaced from both the first and second temperature sensors to measure ambient temperature, with the processor determining core temperature based on the first temperature, the second temperature, and the ambient temperature.
Zhu teaches these features. Zhu teaches “a human body temperature sensor set close to the human skin and an ambient temperature sensor set away from the human skin, both of which are set on a smart wearable device” (Zhu, ¶[0006]). Zhu further teaches that “the human body temperature detection module is located on the side closer to the human skin, and the ambient temperature detection module is located on the side farther from the human skin” (Zhu, ¶[0009]). Zhu also teaches that “the ambient temperature sensor 124 [is] located on the side of the second heat insulation pad 126 furthest from the human skin” and that this “avoids the influence of human body temperature on the ambient temperature sensor, thereby increasing the accuracy of ambient temperature detection” (Zhu, ¶[0128]-[0129]). Zhu further teaches processing the human body temperature and ambient temperature to obtain accurate human body surface temperature information (Zhu, ¶[0127], ¶[0130]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to include Zhu’s ambient temperature sensor spaced from the first and second temperature sensors to measure ambient temperature, and to configure the processor to determine the core temperature based on the first temperature, the second temperature, and the ambient temperature. Such a modification would have been feasible because Cross already teaches determining core temperature using multiple temperature sensors and a processor, TI teaches that ambient and system temperatures create offsets in hearable body temperature measurements, and Zhu teaches using an ambient temperature sensor in a wearable or earphone body temperature system to improve accuracy. One of ordinary skill in the art would have been motivated to make this modification to reduce or eliminate ambient-temperature influence on the body temperature measurement and thereby improve accuracy of the core temperature determination.
Regarding claim 3, the modified Cross does not fully teach that the third temperature sensor is located on a side of the wearable electronic apparatus that is configured to be farthest from the ear of the user. Under broadest reasonable interpretation, a side of the wearable electronic apparatus that is configured to be farthest from the ear of the user is interpreted as a side or portion of the wearable electronic apparatus that faces away from, is positioned away from, or is located farther from the user’s ear when the apparatus is worn, and does not require the third temperature sensor to be located at the single most distant point of the entire apparatus. Rather, the modified Cross teaches, through Zhu, that the ambient temperature sensor is positioned away from the human skin to avoid influence from human body temperature and increase ambient temperature detection accuracy (Zhu, ¶[0128]-[0129]). However, the modified Cross does not expressly teach the third temperature sensor located on a side of the wearable electronic apparatus configured to be farthest from the ear of the user.
Zhu teaches this feature. Zhu teaches that “the human body temperature detection module 110 is located on the side closer to the human skin, and the ambient temperature detection module 120 is located on the side farther from the human skin” (Zhu, ¶[0126]). Zhu further teaches that the ambient temperature detection module includes “an ambient temperature sensor 124 and a second heat insulation pad 126,” with the ambient temperature sensor 124 located on the side of the second heat insulation pad 126 “away from the human skin,” which “avoids the influence of human body temperature on the ambient temperature sensor, thereby increasing the accuracy of ambient temperature detection” (Zhu, ¶[0128]). Zhu further teaches that the body temperature detection structure may be installed on earphones, with the human body temperature detection module positioned close to the human skin and the ambient temperature detection module positioned away from the human skin (Zhu, ¶[0129]). Zhu further teaches that the ear-hook earphone includes a first speaker part and a Bluetooth fixing part, wherein “the first speaker is located in front of the human ear, and the Bluetooth fixing part is located behind the human ear,” and that the Bluetooth fixing part includes the ambient temperature sensor (Zhu, claim 10; Zhu, ¶[0130], ¶[0137]). Thus, Zhu teaches placing the ambient temperature sensor on a portion and side of the earphone arranged away from the ear/body heat source when worn, corresponding to the third temperature sensor being located on a side of the wearable electronic apparatus configured to be farthest from the ear of the user under the broadest reasonable interpretation above.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to locate the third temperature sensor on a side of the wearable electronic apparatus configured to be farthest from the ear of the user, as taught by Zhu. Such a modification would have been feasible because Cross and TI teach an ear-worn or hearable body temperature device, and Zhu teaches an earphone body temperature detection structure having an ambient temperature sensor positioned on a side farther from the human skin and in a Bluetooth fixing part located behind the human ear. One of ordinary skill in the art would have been motivated to make this modification to position the ambient temperature sensor farther from the ear and human body heat, thereby reducing influence from body temperature and improving ambient temperature detection accuracy, as expressly taught by Zhu.
Regarding claim 8, Cross teaches that thermal resistance between the second temperature sensor and the ear is greater than thermal resistance between the first temperature sensor and the ear (Cross, FIG. 17; ¶[0093], “the innermost temperature sensor is positioned to measure temperature T2 at Location 2 and the outermost temperature sensor is positioned to measure temperature T1 (Tfaceplate) at a location more exterior than the innermost temperature sensor (e.g., at the faceplate of the device)”; ¶[0094], “Placing a second sensor at the faceplate provides for measurement of the gradient across the ear shell”; ¶[0103], “The distal temperature sensor 1904 is configured to be located within the ear canal at or near Location 2... The proximal temperature sensor 1906 is configured to be positioned at a location spaced apart from a surface of the ear canal and proximal to the distal temperature sensor 1904 in an outer ear direction”; ¶[0151]-[0152], teaching a thermal model including an internal thermal resistance path and an exterior thermal resistance path through the ear-worn device). In Cross, the first temperature sensor corresponds to the distal/innermost temperature sensor located at or near Location 2 in the ear canal, while the second temperature sensor corresponds to the proximal/outermost temperature sensor located more exteriorly, such as at the faceplate. Because the second temperature sensor is spaced farther from the ear and measures temperature across the ear shell/faceplate region, the heat path between the ear and the second temperature sensor includes more intervening shell/thermal path material than the heat path between the ear and the first temperature sensor. Thus, Cross teaches that the thermal resistance between the second temperature sensor and the ear is greater than the thermal resistance between the first temperature sensor and the ear.
Regarding claim 9, the modified Cross does not fully teach that the thermally conductive metal member is a stainless steel member, a copper member, or an aluminum member. Rather, the modified Cross teaches a thermally conductive metal member configured to contact the ear skin, including that “A thermally conductive cap 1322 covers the vessel 1324 and is configured to contact the skin 1304 of the ear” (Cross, ¶[0073]), and further teaches that “The domed insert 1020 can be made of any material, but preferably polymer or metal material” (Cross, ¶[0070]). However, the modified Cross does not expressly specify that the thermally conductive metal member is stainless steel, copper, or aluminum.
Zhu teaches this feature. Zhu teaches selecting stainless steel as a material for a skin-contacting heat-conducting cover in an earphone body temperature detection structure, stating that “preferably, the heat conduction cover 117 can be made of stainless steel or other materials to have higher heat transfer capacity” (Zhu, ¶[0133]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to form the thermally conductive metal member as a stainless steel member, as taught by Zhu. Such a modification would have been feasible because the modified Cross already teaches a thermally conductive metal member configured to contact the ear skin, and Zhu teaches that a skin-contacting heat-conducting cover in an earphone temperature detection structure may be made of stainless steel to provide higher heat transfer capacity. One of ordinary skill in the art would have been motivated to make this modification to improve heat transfer through the thermally conductive metal member to the temperature sensor, thereby improving measurement responsiveness and reducing thermal lag.
Regarding claim 22, the modified Cross does not fully teach a wearable electronic device, comprising a charging accommodating apparatus and the wearable electronic apparatus according to claim 1, wherein the wearable electronic apparatus is disposed in the charging accommodating apparatus. Rather, the modified Cross teaches the wearable electronic apparatus according to claim 1, including an ear-worn or hearable electronic apparatus configured to measure core temperature. However, the modified Cross does not expressly teach a charging accommodating apparatus in which the wearable electronic apparatus is disposed.
McPeak teaches this feature. McPeak teaches that “A case for a pair of earbuds includes a housing having cavities to receive the pair of earbuds and charging circuitry that is configured to initiate charging of the pair of earbuds when an earbud detector detects that the earbuds are inserted within the cavities” (McPeak, Abstract). McPeak further teaches that “a case for a pair of earbuds includes a housing having one or more cavities configured to receive the pair of earbuds; a lid attached to the housing and operable between a closed position where the lid is aligned over the one or more cavities and an open position where the lid is displaced from the one or more cavities; and a charging system” (McPeak, ¶[0009]). McPeak also teaches that the charging circuitry is configured to charge the earbud when inserted, stating that the charging circuitry is “configured to initiate charging of an earbud battery when the earbud detector detects insertion of an earbud within either the first cavity or the second cavity and configured to cease charging the earbud when the earbud detector detects an earbud is removed from the cavity” (McPeak, ¶[0010]). McPeak further teaches that earbuds “can be positioned within case 204 (e.g., within an interior space or cavity of the case defined by a housing or an insert within the housing) where they can be conveniently stored and charged” (McPeak, ¶[0119]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to include a charging accommodating apparatus as taught by McPeak, wherein the wearable electronic apparatus is disposed in the charging accommodating apparatus. Such a modification would have been feasible because the modified Cross teaches an ear-worn wearable electronic apparatus, and McPeak teaches a case having cavities configured to receive wearable earbud devices and initiate charging when the earbud devices are inserted. One of ordinary skill in the art would have been motivated to make this modification to provide convenient storage and recharging of the wearable electronic apparatus when not in use, thereby improving usability and battery management of the device.
Regarding claim 24, the modified Cross does not fully teach that the contact part is provided with a mounting hole adapted to a structure of the thermally conductive metal member, the mounting hole is connected to a cavity of the housing, and the thermally conductive metal member is embedded in the contact part through the mounting hole. Rather, the modified Cross teaches a thermally conductive metal member embedded in or integrated with an ear-contacting contact part of the housing, including that an insert may be installed in the ear device matrix and integrated as part of the shell, and that the insert may be made of metal material (Cross, ¶[0070]). Cross further teaches placing a thermistor in or under a hole in the ear device matrix, filling the hole with thermally conductive material, and electrically connecting the thermistor to a flexible or rigid circuit (Cross, ¶[0071]). Cross also teaches a cylindrical cavity in the shell extending between inner and outer shell surfaces and containing a thermistor electrically connected to a flexible or rigid circuit (Cross, ¶[0072]). However, the modified Cross does not expressly teach the exact amended arrangement in which the contact part has a mounting hole adapted to the thermally conductive metal member, the mounting hole is connected to a cavity of the housing, and the thermally conductive metal member is embedded in the contact part through the mounting hole.
Under broadest reasonable interpretation, a mounting hole adapted to a structure of the thermally conductive metal member is interpreted as a hole sized, shaped, or otherwise configured to receive, cooperate with, or mount the thermally conductive metal member. The claim does not require a particular hole geometry, particular fixation mechanism, or complete enclosure of the thermally conductive metal member, especially because claim 1 also recites that the thermally conductive metal member is exposed on an outer surface of the housing.
Zhu teaches this feature. Zhu teaches that the first speaker includes a first housing and a first housing cover that cooperate with each other, that “a through hole is provided on” the surface of the first housing cover, and that “A heat-conducting cover 117 is installed inside the hole” (Zhu, ¶[0131]). Zhu further teaches that the heat-conducting cover and the first housing cover have a skin contact surface on the side closest to the human skin, and that a first heat-conducting layer, human body temperature sensor, and first heat-insulating pad are arranged between the heat-conducting cover and the first housing (Zhu, ¶[0131]). Zhu also teaches that the heat-conducting cover has a receiving cavity, that a flange is provided around the periphery of the receiving cavity for fixing between the first housing and first housing cover, and that the side wall of the receiving cavity cooperates with the through hole (Zhu, ¶[0133]). Zhu further teaches that the first housing and first housing cover are bonded together and that a receiving cavity is formed between the first housing and first housing cover, with the cavity containing the first heat-insulating pad, human body temperature sensor, first heat-conducting layer, and heat-conducting cover arranged sequentially (Zhu, ¶[0136]). Thus, Zhu teaches a contact-side housing portion having a through hole adapted to receive a heat-conducting cover, with the hole/cavity arrangement connected to the housing interior, and with the heat-conducting cover installed through the hole in the contact-side portion.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to provide the contact part with a mounting hole adapted to the thermally conductive metal member, to connect the mounting hole to a cavity of the housing, and to embed the thermally conductive metal member in the contact part through the mounting hole, as taught by Zhu. Such a modification would have been feasible because Cross already teaches an ear-contacting thermally conductive metal insert or cap in an ear-worn housing and also teaches holes and cavities in the shell for thermistor and thermal-path structures, while Zhu teaches installing a heat-conducting cover in a through hole of an earphone housing cover and arranging the cover with respect to a receiving cavity and housing interior. One of ordinary skill in the art would have been motivated to make this modification to provide a mechanically stable and compact way to mount the thermally conductive metal member at the ear-contacting portion of the housing while maintaining a defined thermal path from the ear-contacting metal member to the internal temperature sensing structure, thereby improving assembly reliability and temperature measurement responsiveness.
Regarding claim 26, the modified Cross does not fully teach that the thermally conductive layer comprises a thermally conductive adhesive layer, and the thermally conductive adhesive layer fixes the thermally conductive metal member on the flexible circuit board. Rather, the modified Cross teaches, as discussed regarding claim 1, a thermally conductive layer fitted between the flexible circuit board and the thermally conductive metal member on the housing. The modified Cross further teaches, through Zhu, a heat transfer stack including a heat-conducting cover, a first heat-conducting layer, a human body temperature sensor, and a first sensor FPC, wherein body temperature is transmitted to the human body temperature sensor through the heat-conducting cover, the first heat-conducting layer, and the first sensor FPC (Zhu, ¶[0131], ¶[0134], ¶[0136]). However, the modified Cross does not expressly teach that the thermally conductive layer comprises a thermally conductive adhesive layer that fixes the thermally conductive metal member on the flexible circuit board.
Cross teaches using a thermally conductive adhesive in the thermal path between an ear-contacting thermal member and a temperature sensor. Cross teaches that “The thermistor 1010... can be mounted in the insert 1020 using a liquid curable adhesive 1022 that has a thermal conductivity higher than the ear device matrix 1006” (Cross, ¶[0070]). Cross further teaches that “the material on the ear side surface of the shell in an area over or around the temperature sensor can be coated using a thermally conductive adhesive or a metal in order to widen the area from which temperature is preferentially acquired from” (Cross, ¶[0077]). Cross also teaches that the thermistor may be attached directly using adhesives or attached via a subassembly including a flex or circuit board (Cross, ¶¶[0080]-[0081]). Thus, Cross teaches selecting a thermally conductive adhesive as a thermally conductive layer in an ear-worn temperature sensing structure and using adhesive attachment in connection with the temperature sensor/flex-board assembly.
Zhu further teaches the stacked relationship between the thermally conductive metal member, thermally conductive layer, and flexible printed circuit structure. Zhu teaches that a heat-conducting cover is installed inside a through hole of the first housing cover, and that a first heat-conducting layer, human body temperature sensor, and first heat-insulating pad are arranged between the heat-conducting cover and the first housing (Zhu, ¶[0131]). Zhu teaches that the human body temperature sensor includes a first sensor body and a first sensor FPC, and that one end of the first sensor FPC is electrically connected to the first sensor body while the other end enters the interior of the first housing through a wiring through hole (Zhu, ¶[0132]). Zhu further teaches that the first heat-conducting layer includes a heat-conducting silicone sheet and that adhesive layers are used to fixedly connect components of the heat-conducting cover and housing structure (Zhu, ¶¶[0134]-[0135]). Zhu also teaches that the receiving cavity contains the first heat-insulating pad, human body temperature sensor, first heat-conducting layer, and heat-conducting cover arranged sequentially, and that body temperature is transmitted to the human body temperature sensor through the heat-conducting cover, first heat-conducting layer, and first sensor FPC (Zhu, ¶[0136]).
Under broadest reasonable interpretation, the thermally conductive adhesive layer fixes the thermally conductive metal member on the flexible circuit board includes an adhesive thermal-interface layer that bonds, secures, or fixes the thermally conductive metal member to the flexible-circuit-board sensor assembly in the stacked thermal path, and does not require that the thermally conductive metal member be supported only by the adhesive layer or that no housing support is also present.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross so that the thermally conductive layer fitted between the flexible circuit board and the thermally conductive metal member comprises a thermally conductive adhesive layer, and so that the thermally conductive adhesive layer fixes the thermally conductive metal member on the flexible circuit board. Such a modification would have been feasible because Cross teaches using thermally conductive adhesive in the thermal path of an ear-worn temperature sensor and using adhesive attachment with thermistor/flex-board subassemblies, Zhu teaches a heat-conducting cover, heat-conducting layer, sensor, and FPC arranged in a stacked earphone temperature-sensing structure, and TI and McPeak teach implementing sensors and circuitry on flexible circuit structures in hearable devices. One of ordinary skill in the art would have been motivated to make this modification to provide both thermal coupling and mechanical fixation between the thermally conductive metal member and the flexible-circuit-board sensor assembly, thereby simplifying the structure, reducing the number of separate fastening components, improving heat transfer from the ear-contacting metal member to the flexible circuit board, and improving temperature measurement responsiveness.
Regarding claim 27, the modified Cross teaches or at least suggests a speaker located in the housing, wherein the first temperature sensor and the second temperature sensor are located on a side of the speaker that is configured to face to the ear of the user. Under broadest reasonable interpretation, the claimed speaker encompasses an acoustic receiver, driver, or speaker unit configured to output sound toward the user’s ear, and a side of the speaker that is configured to face to the ear of the user is interpreted as the side of the speaker, receiver, driver, or speaker assembly oriented toward the ear canal, sound outlet, or ear-facing portion of the wearable apparatus when worn. The claim does not require that the temperature sensors be mounted directly on the speaker diaphragm or on the acoustic output surface itself.
Cross teaches an ear-worn hearing device or hearable having temperature sensors positioned relative to the ear-facing structure. Cross teaches that the electronic device includes an enclosure configured for insertion into the ear canal and a sound bore hole at the tip of the shell (Cross, Abstract; ¶[0131]). Cross further teaches that an application of the two-thermistor system to a standard earbud hearing device was explored, and that limits of agreement were achieved “using thermistors mounted on the receiver and separated by air” (Cross, ¶[0161]). Cross also teaches that the hearing device consists of a receiver with an earbud attached to it, and that the high precision thermistors were placed on the side of the receiver at each end, interior and exterior with reference to the ear canal (Cross, ¶[0159]). Thus, Cross teaches a receiver, corresponding to a speaker under the broadest reasonable interpretation, with first and second thermistors located on a side of the receiver arranged relative to the ear canal.
TI further supports integrating the claimed first and second temperature sensors with a speaker/hearable structure. TI teaches a hearables body temperature monitor flex PCB strip reference design having two TMP117 temperature sensors on a thin-film flex cable, and teaches that the design supports different MCUs, power supplies, and speakers (TI, p. 2). TI also shows a system including an ear canal casing, speaker casing, TMP117 sensors, and a speaker, and further depicts “Integrated Speaker Soldering Pads and TMP117 devices” on the flex PCB (TI, FIGS. 2-1, 2-2, and 2-5). TI teaches that the main sensor should be placed close to the tympanic membrane of the ear, and that the secondary sensor should be placed by a heat source that can create a temperature error on the main sensor so that the effects of those heat sources can be calibrated and correlated (TI, p. 3, Design Considerations).
McPeak further teaches an earbud housing having an internal speaker/driver oriented to output sound toward the user’s ear. McPeak teaches that an ear interface portion of the earbud housing is formed to fit at least partially within a user’s ear, and that an acoustic mesh allows sound to travel from an internal speaker to a user’s ear (McPeak, ¶[0169]). McPeak also teaches that a directional sound port is designed to direct sound waves from an internal driver directly into a user’s ear canal (McPeak, ¶[0219]). McPeak further teaches an earbud including a driver located within the ear portion, an acoustic insert, and a flexible circuit carrying sensors and other circuitry within the ear portion of the earbud (McPeak, ¶¶[0223]-[0226]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further configure the modified Cross such that the first and second temperature sensors are located on a side of the speaker or receiver configured to face the ear of the user, as taught or suggested by Cross in view of TI and McPeak. Such a modification would have been feasible because Cross teaches thermistors mounted on a receiver of an earbud hearing device, TI teaches a hearable flex PCB including two temperature sensors and integrated speaker soldering pads, and McPeak teaches an earbud speaker/driver within an ear portion that directs sound toward the user’s ear canal while also housing a flexible circuit carrying sensors and other circuitry. One of ordinary skill in the art would have been motivated to make this modification to compactly package the temperature sensors, speaker, and flexible circuit within the ear-facing portion of the hearable device, to place the main temperature sensor close to the tympanic membrane or ear-facing thermal path, and to allow the secondary temperature sensor to compensate for system or speaker-related thermal effects that may affect the main temperature sensor, thereby improving temperature measurement accuracy while efficiently using the limited space in the earbud housing.
Regarding claim 28, Cross teaches that the first temperature sensor and the second temperature sensor are contact temperature sensors, and a distance between the second temperature sensor and an eardrum of the user is greater than a distance between the first temperature sensor and the eardrum of the user. Under broadest reasonable interpretation, contact temperature sensors include thermistors or other non-radiative temperature sensors configured to measure temperature by conductive or convective thermal coupling rather than by infrared radiation. The claim does not require the first and second temperature sensors to contact the eardrum itself.
Cross teaches first and second temperature sensors that are contact temperature sensors. Cross teaches that the temperature sensors are “preferably sensors configured to sense conductive and/or convective heat, rather than radiative heat (e.g., non-IR sensors)” (Cross, ¶[0057]). Cross also teaches a prototype ITE device including “a low power, small form factor thermistor configured to measure human temperature” (Cross, ¶[0058]). Thus, Cross teaches the claimed contact temperature sensors.
Cross also teaches one temperature sensor positioned closer to the eardrum and another temperature sensor positioned farther from the eardrum. Cross teaches that the distal end of the enclosure terminates prior to the tympanic membrane and that a temperature sensor is situated at a location of the enclosure that can measure the temperature of ear canal tissue at or immediately adjacent Location 2, while another temperature sensor is positioned in an outer ear direction, such as on the faceplate (Cross, ¶[0059]). Cross similarly teaches that one temperature sensor is situated at a location facing Location 2 of the ear canal when fully inserted, while another temperature sensor is situated at a location spaced apart from the ear canal surface and in an outer ear direction, such as on a faceplate of the enclosure (Cross, ¶[0103]).
Thus, in the modified Cross, the temperature sensor located at or adjacent Location 2 and closer to the tympanic membrane/eardrum corresponds to the claimed first temperature sensor, while the temperature sensor located in the outer-ear direction, such as on the faceplate, corresponds to the claimed second temperature sensor. Therefore, Cross teaches that the distance between the second temperature sensor and the eardrum is greater than the distance between the first temperature sensor and the eardrum.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of McPeak et al. (US-20170094394-A1), hereinafter referred to as McPeak, and further in view of Zhu et al. (CN-114052669-A), hereinafter referred to as Zhu, and further in view of Ghoreyshi et al. (US-20210275030-A1), hereinafter referred to as Ghoreyshi.
The modified Cross teaches claim 1 as shown above.
Regarding claim 4, the modified Cross does not fully teach that the apparatus further comprises a calculation module, wherein the calculation module is located in the housing, and the processor is configured to control the calculation module to determine the core temperature based on the thermal equilibrium temperature corresponding to the first temperature sensor, the thermal equilibrium temperature corresponding to the second temperature sensor, and the ambient temperature. Rather, the modified Cross teaches determining core body temperature by computation, including that “A processor, coupled to the distal and proximal temperature sensors and to memory, is configured to calculate an absolute core body temperature using a heat balance equation stored in the memory and the first and second temperature signals” (Cross, Abstract), and further teaches through Zhu an ambient temperature sensor and processing of human body temperature and ambient temperature to obtain accurate human body surface temperature information (Zhu, ¶[0127]-[0130]). However, the modified Cross does not expressly teach a calculation module located in the housing and controlled by the processor to determine core temperature based on the first temperature, the second temperature, and the ambient temperature.
Ghoreyshi teaches these features. Ghoreyshi teaches a temperature measurement device having a controller and storage in the device, and teaches that “Controller 114 may include one or more processing units, and may be used to control the operations of the one or more ambient temperature sensors, the one or more skin temperature sensors, storage device 116, user interface device 118, and the like” (Ghoreyshi, ¶[0052]). Ghoreyshi further teaches that “Controller 114 may also receive measurement results from the one or more ambient temperature sensors and the one or more skin temperature sensors or from storage device 116, and determine the core body temperature based on the measurement results” (Ghoreyshi, ¶[0052]). Ghoreyshi further teaches that “Storage device 116 may store instructions to be executed by controller 114, the model (e.g., weights or other parameters) used by controller 114 to estimate the core body temperatures, measurement results from the ambient temperature sensors and the skin temperature sensors, estimated core body temperature, and the like” (Ghoreyshi, ¶[0053]). Ghoreyshi further teaches that present and past measurement results of skin temperature sensor 210 and ambient temperature sensor 212 may be obtained by controller 220, and that controller 220 may estimate a core body temperature based on the present and past measurement results (Ghoreyshi, ¶[0056]). Ghoreyshi also teaches that various prediction models may be used by controller 220 to estimate core body temperature based on skin temperature and ambient temperature measurement results (Ghoreyshi, ¶[0057]).
Under broadest reasonable interpretation, the claimed calculation module encompasses software, firmware, stored instructions, or model logic executed by device processing circuitry to perform the core temperature calculation. Therefore, Ghoreyshi’s stored instructions and prediction model used by the controller to estimate core body temperature correspond to the claimed calculation module located in the device housing and controlled by the processor.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross in view of Ghoreyshi to include a calculation module located in the housing and controlled by the processor to determine the core temperature based on the thermal equilibrium temperatures corresponding to the first and second temperature sensors and the ambient temperature. Such a modification would have been feasible because the modified Cross already includes a processor and memory for calculating core body temperature using temperature signals, and Ghoreyshi teaches storing instructions and prediction model parameters in the device and using controller processing circuitry to estimate core body temperature from skin temperature and ambient temperature measurement results. One of ordinary skill in the art would have been motivated to make this modification to organize the temperature estimation computation as a distinct calculation function, thereby improving software modularity, maintainability, and facilitating updating or replacing the estimation logic while maintaining the core temperature determination functionality.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of McPeak et al. (US-20170094394-A1), hereinafter referred to as McPeak, and further in view of Zhu et al. (CN-114052669-A), hereinafter referred to as Zhu, and further in view of Ghoreyshi et al. (US-20210275030-A1), hereinafter referred to as Ghoreyshi, and further in view of Pompei (US-20160213260-A1), hereinafter referred to as Pompei, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari.
The modified Cross teaches claim 1 as shown above.
Regarding claim 5, the modified Cross does not fully teach that the processor is configured to control the calculation module to determine the core temperature based on a formula: T = R2(T1 − T2 − b×T3)/R1 + T1 + a×T3, wherein T is the core temperature, T1 is the thermal equilibrium temperature corresponding to the first temperature sensor, T2 is the thermal equilibrium temperature corresponding to the second temperature sensor, T3 is the ambient temperature; R1 is equivalent thermal resistance between the first temperature sensor and the second temperature sensor during a heat transfer process, R2 is equivalent thermal resistance between human tissue and the first temperature sensor during a heat transfer process, and a and b are both adjustment factors. Rather, the modified Cross teaches determining absolute core body temperature using a two-temperature heat-balance model along a thermal path between a more interior temperature measurement location and a more exterior temperature measurement location. Cross teaches that “This heat balance equation can be used by the ear-worn or other type of temperature sensing device to calculate absolute core body temperature” (Cross, ¶[0089]). Cross further teaches that its thermal model operates under equilibrium and is expressed as a balance between an internal resistive heat-flow term and an external resistive heat-flow term, including that “At equilibrium, qinflux = qefflux so that: K′Internal (Ttympanic membrane − Tinternal)/dinternal = K′exterior (Tinternal − Tfaceplate)/dexterior” (Cross, ¶[0152], FIG. 17; see also ¶[0091]). However, the modified Cross does not expressly teach the claimed formula including the additional ambient temperature term T3 and adjustment factors a and b.
Pompei teaches the conventional two-resistance heat-balance form. Pompei teaches that equations may be written using resistances R1 and R2 and temperature reservoirs, and teaches the formula Tcore = ((R1+R2)/R1)(Ts−Ta)+Ta (Pompei, ¶[0045]-[0046]). This formula is algebraically equivalent to Tcore = (R2/R1)(Ts−Ta)+Ts, which corresponds to the base portion of claim 5’s formula, (R2/R1)(T1−T2)+T1, when T1 is the first temperature and T2 is the second temperature along the heat-transfer path.
Ghoreyshi further teaches using model parameters or weights in a calculation module to estimate core temperature from measured skin and ambient temperatures. Ghoreyshi teaches that “Various prediction models may be used by controller 220 to estimate the core body temperature based on skin temperature and ambient temperature measurement results,” including “a regression model, such as a linear regression model, a polynomial regression model, a lasso regression model, a ridge regression model, or an ElasticNet regression model” (Ghoreyshi, ¶[0057]). Ghoreyshi further teaches a model in which “T(t) is the estimated core temperature at time t, Ta(t) is the measured ambient temperature at time t, Ts(t) is the measured skin temperature at time t, w’s are weights of the NARX model” (Ghoreyshi, ¶[0058]). Ghoreyshi also teaches that “[t]he weights w’s may be trained using training data” including ambient temperatures, skin temperatures, and measured body temperatures (Ghoreyshi, ¶[0059]).
Aljabari teaches determining temperature using empirically derived equations and adjustment factors based on different measured temperatures and device power conditions. Aljabari teaches that “Sensing temperature using thermistors, semiconductor temperature sensors, thermocouples or any other form of temperature sensors from within an enclosure of electronics or equipment may result in a temperature higher than the ambient air temperature surrounding the enclosure of the equipment or device” (Aljabari, ¶[0015]). Aljabari further teaches that “[t]he difference between the ambient and the sensed temperature may vary and be affected by the amount of electrical energy needed to power the device” (Aljabari, ¶[0015]). Aljabari teaches placing two or more temperature sensors in different locations, and that “[u]nder very stable ambient conditions, the temperatures may be sampled at different equipment or device power load conditions” and “[t]he temperatures sampled may be used to generate equations in terms of power (by means of curve fitting)” (Aljabari, ¶[0017]). Aljabari also teaches that f(x) may be approximated as a linear function or non-linear function for increased accuracy, and that ambient temperature may be calculated from the determined temperature values (Aljabari, ¶[0018]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to control the calculation module to determine core temperature using a formula having a two-temperature thermal-resistance heat-balance term and an ambient-temperature correction term using adjustment factors, as taught by Pompei, Ghoreyshi, and Aljabari. Such a modification would have been feasible because Cross already teaches calculating core body temperature using a heat-balance equation under equilibrium conditions, Pompei teaches the conventional two-resistance heat-balance formula, Ghoreyshi teaches using trained weights/model parameters with skin and ambient temperature measurements to estimate core body temperature, and Aljabari teaches generating equations and correction factors from measured temperature data under different device power load conditions. One of ordinary skill in the art would have been motivated to make this modification to provide a compact mathematical calculation that preserves the known two-temperature thermal-resistance heat-balance relationship while adding a calibrated ambient-temperature correction term to compensate for environmental and device-heating effects, thereby improving accuracy of the core temperature determination.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian, and further in view of Pan et al. (US-20200333193-A1), hereinafter referred to as Pan, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari.
Regarding claim 12, Cross teaches a method, applied to a wearable electronic apparatus (Cross, Title: “Devices and sensing methods for measuring temperature from an ear”; Abstract, “An electronic device comprises an enclosure configured for insertion into the ear canal”; ¶[0053], “Embodiments are directed to devices and methods that measure temperature at a preferred location of the ear canal 22, from which absolute core body temperature can be calculated using a heat balance equation in accordance with various embodiments”; ¶[0054], describing a method implemented by the device);
and the method comprising: obtaining thermal equilibrium temperatures at different temperature measurement points of a housing in the wearable electronic apparatus, wherein the temperature measurement points comprise a first temperature measurement point and a second temperature measurement point (Cross, FIG. 2; ¶[0054], “the method shown in FIG. 2 involves measuring 200 a first temperature at the tragus-side 20 of the ear canal 22 between the first bend 24 and the second bend 26” and “measuring 202 a second temperature at a location spaced apart from a surface of the ear canal 22 and proximal of an ear canal location where the first temperature is measured”; ¶[0096], “The system 1800 includes a sensor 1802 which, in the embodiment shown in FIG. 18, includes a distal temperature sensor 1804 and a proximal temperature sensor 1806”; ¶[0091], “At equilibrium, the influx and efflux of heat at the interior most location is equal”; ¶[0151]-[0152], teaching a thermal model of heat flow through the ITE shell from the inner parts of the ear to the ambient, and “At equilibrium, qinflux = qeflux...”);
and determining a core temperature of a user based on a thermal equilibrium temperature at the first temperature measurement point and a thermal equilibrium temperature at the second temperature measurement point (Cross, Abstract, “A processor, coupled to the distal and proximal temperature sensors and to memory, is configured to calculate an absolute core body temperature using a heat balance equation stored in the memory and the first and second temperature signals”; ¶[0097], “The processor 1810 is configured to calculate an absolute core body temperature 1830 using the heat balance equation 1822 and temperature signals produced by the distal and proximal temperature sensors 1804, 1806”; ¶[0205], “calculating, using a processor of the device, an absolute core body temperature using the heat balance equation and the first and second temperatures”).
Also regarding claim 12, Cross does not fully teach that the temperature measurement points further comprise an ambient temperature measurement point, and the ambient temperature measurement point is located on a side of the wearable electronic apparatus that is opposite to a side in which the first temperature measurement point is located; and wherein determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point and the thermal equilibrium temperature at the second temperature measurement point comprises: determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point, the thermal equilibrium temperature at the second temperature measurement point, and an ambient temperature at the ambient temperature measurement point. Rather, Cross teaches a first temperature measurement point at a more interior ear canal location and a second temperature measurement point at a more exterior location, such as at the faceplate, and teaches determining core temperature from the first and second temperature measurements using a heat balance equation (Cross, ¶[0054], ¶[0096]-[0097], ¶[0151]-[0152], ¶[0205]). However, Cross does not expressly teach an ambient temperature measurement point on a side of the wearable apparatus opposite the side of the first temperature measurement point, nor determining core temperature using an ambient temperature at that ambient temperature measurement point.
TI teaches using an additional system or ambient temperature sensor in a hearable temperature measurement system. TI teaches that the hearable reference design uses “two TMP117 devices on a small flexible [PCB] that is suitable for hearable devices” and that the two sensors compensate for “system or ambient temperature changes that can affect the accuracy of the body temperature measurements” (TI, p. 1, Description). TI further identifies “TMP117 #1 In-Ear Membrane Temperature” and “TMP117 #2 System/Ambient Temperature” (TI, p. 1, Features). TI teaches that “the surrounding electronic system and ambient temperature can create different offsets in the temperature reading” and that “a second TMP117 can be used to adjust for thermal gradients between the body temperature and these environmental temperatures” (TI, p. 2).
Qian further teaches an earbud having two different sensing regions, where one sensing region contacts the ear and the other sensing region does not, and further teaches using one temperature sensor for core temperature and a second temperature sensor for ambient temperature. Qian teaches that in a multi-sensor earbud, “one of sensing regions 1002 and 1004 is in direct contact with the ear and the other sensing region is not” (Qian, ¶[0054]). Qian further teaches that, when the multi-sensor earbud includes two temperature sensors, “a temperature sensor determined to be in direct contact with a user’s ear could be used to provide core temperature information, while the second temperature sensor could be configured to provide an ambient temperature” (Qian, ¶[0054]). Qian’s FIGS. 10A and 10B show the two sensing regions positioned on different sides of the earbud housing such that one side contacts the ear and the other side is not in direct contact with the ear.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Cross to include an ambient temperature measurement point on a side of the wearable electronic apparatus opposite the ear-contacting first temperature measurement point, and to determine the core temperature based on the first thermal equilibrium temperature, the second thermal equilibrium temperature, and an ambient temperature at the ambient temperature measurement point, as taught by TI and Qian. Such a modification would have been feasible because Cross already teaches determining core temperature in an ear-worn device using first and second temperature measurements and a heat balance equation, TI teaches that system and ambient temperature changes affect hearable body temperature accuracy and can be compensated using a system or ambient temperature sensor, and Qian teaches an earbud having a core-temperature sensing region in contact with the ear and another sensing region used to provide ambient temperature. One of ordinary skill in the art would have been motivated to make this modification to reduce error caused by ambient and system thermal effects and thereby improve accuracy of the core temperature determination.
Also regarding claim 12, the modified Cross does not fully teach that before determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point and the thermal equilibrium temperature at the second temperature measurement point, the method further comprises: correcting the ambient temperature at the ambient temperature measurement point based on a thermal equilibrium temperature at the ambient temperature measurement point, wherein correcting the ambient temperature at the ambient temperature measurement point based on a thermal equilibrium temperature at the ambient temperature measurement point comprises: detecting a working scenario of the wearable electronic apparatus, wherein the working scenario comprises a low power consumption scenario, a medium power consumption scenario, and a high power consumption scenario; measuring the thermal equilibrium temperatures at the temperature measurement points; and determining an adjustment factor based on the working scenario and the thermal equilibrium temperature at the ambient temperature measurement point. Rather, the modified Cross teaches, through TI and Qian, using an ambient or system temperature sensor to compensate for ambient or system temperature effects in an earbud or hearable temperature sensing device. The modified Cross further teaches, through Cross, measuring thermal equilibrium temperatures at the first and second temperature measurement points in the ear-worn device, including use of equilibrium heat-flow relationships for determining core temperature (Cross, ¶[0091], ¶[0151]-[0152]). However, the modified Cross does not expressly teach correcting the ambient temperature at the ambient temperature measurement point by detecting a working scenario comprising low, medium, and high power consumption scenarios, measuring the thermal equilibrium temperatures at the temperature measurement points for that correction, and determining an adjustment factor based jointly on the working scenario and the thermal equilibrium temperature at the ambient temperature measurement point.
Qian teaches that an earbud has multiple operational states and power-consuming operating components. Qian teaches that “[a] power management utility can be adapted to manage an operational state of multi-sensor earbud 1000” and that “multi-sensor earbud 1000 can include many operational states including, for example, a media playback mode, a standby mode, a disabled mode and a noise cancelling mode” (Qian, ¶[0055]). Qian further teaches selectively activating microphones and leaving other microphones in a standby or periodic sampling mode, and that “operation of the microphones can consume battery power” (Qian, ¶[0060]). Qian also teaches adjusting an operating state of a sensor of the earbud in accordance with orientation sensor data, including determining which sensors should be activated and/or deactivated (Qian, ¶[0061]). Thus, Qian teaches detecting or managing working states of an earbud, including standby or disabled states, media playback or noise cancelling states, and microphone or sensor activation states, which correspond to different power-consuming working scenarios of the wearable electronic apparatus.
Pan teaches determining ambient temperature based on an operating scenario of a portable device and temperature data. Pan teaches that the circuitry is operative “to identify a scenario in which the portable device operates, and determine the ambient temperature using the scenario and at least the internal temperature” (Pan, Abstract). Pan further teaches receiving a state of the device, determining whether the state is idle, estimating ambient temperature from internal temperatures when idle, and using a lookup table when the device is not idle (Pan, ¶[0037]). Pan further teaches “identifying a scenario in which the device 100 operates” and using a lookup table that “associates internal temperatures with corresponding ambient temperatures based on calibrations performed prior to runtime of the device 100 for each of a set of scenarios in which the device 100 may operate” (Pan, ¶[0039]). Pan also teaches that the ambient temperature is determined “using the scenario and at least the internal temperature” (Pan, ¶[0040]). Thus, Pan is relied upon for the correction logic in which the operating scenario of the portable device is identified and then used with temperature data to determine or correct the ambient temperature.
Aljabari teaches determining ambient temperature by accounting for different electronics power consumption levels and measured temperatures. Aljabari teaches that the difference between ambient and sensed temperature “may vary and be affected by the amount of electrical energy needed to power the device” and that when heat generated inside an enclosure is high and variable, computing ambient temperature may become challenging (Aljabari, ¶[0015]). Aljabari teaches that two or more temperature sensors may be placed at different locations within the enclosure and that “[u]nder very stable ambient conditions, the temperatures may be sampled at different equipment or device power load conditions” and “[t]he temperatures sampled may be used to generate equations in terms of power (by means of curve fitting)” (Aljabari, ¶[0017]). Aljabari teaches heat-rise functions with respect to power, and teaches that once the equations are solved, “ambient temperature may be calculated” from determined temperature values (Aljabari, ¶[0018]). Aljabari further teaches that constants such as “a” and “b” may be determined from empirical tests, simulation, or calculations, and that data may be taken at different power levels of the equipment (Aljabari, ¶[0022]). Aljabari also teaches examples using three different load conditions (Aljabari, ¶[0027]). Thus, Aljabari is relied upon for determining correction factors or equation constants based on measured temperatures and device power load conditions.
Cross and Aljabari further teach measuring the thermal equilibrium temperatures at the temperature measurement points for use in the correction. Cross teaches measuring temperatures at different temperature measurement points in the ear-worn device and using equilibrium heat-flow relationships to calculate core temperature (Cross, ¶[0091], ¶[0151]-[0152]). Aljabari teaches sampling temperatures from two or more sensor locations under different device power load conditions and using those measured temperatures to generate equations in terms of power by curve fitting (Aljabari, ¶[0017]). Thus, in the proposed modification, the thermal equilibrium temperatures at the temperature measurement points, including the temperature at the ambient temperature measurement point supplied by the modified Cross through TI and Qian, are measured and used in the correction of the ambient temperature.
Under broadest reasonable interpretation, the claimed low power consumption scenario, medium power consumption scenario, and high power consumption scenario are relative classifications of working scenarios based on power consumption. The claim does not require particular numerical thresholds, wattage values, or a particular algorithm for assigning an operating state to one of the three classifications. Qian teaches multiple earbud operating states and power-consuming components, including standby or disabled states, media playback or noise cancelling states, microphone operation, and sensor activation states (Qian, ¶[0055]; ¶[0060]-[0061]). Pan teaches identifying operating scenarios for ambient-temperature correction (Pan, ¶[0039]-[0040]). Aljabari teaches correcting sensed temperature based on different power load conditions, including examples using multiple load conditions (Aljabari, ¶[0017]; ¶[0022]; ¶[0027]). Classifying the known earbud operating states or power load conditions into low, medium, and high relative power-consumption bands would have been a predictable implementation of Pan’s scenario-based correction and Aljabari’s power load based correction.
Under broadest reasonable interpretation, determining an adjustment factor based on the working scenario and the thermal equilibrium temperature at the ambient temperature measurement point does not require the reference to use the exact words “adjustment factor” or to store a single scalar factor separately from a lookup-table value, coefficient, correction function, or correction constant. The limitation is met or rendered obvious where the detected working scenario identifies the applicable correction relationship, table, function, or coefficient set, and the measured temperature at the ambient temperature measurement point is used as an input to that relationship to determine the corrected ambient-temperature value or corresponding correction factor. Pan teaches identifying a scenario in which the portable device operates and using a lookup table that associates internal temperatures with corresponding ambient temperatures for each of a set of operating scenarios (Pan, ¶[0039]-[0040]). Aljabari teaches that sensed temperature error varies with device power load, that temperatures are sampled under different power load conditions, and that equations or constants are generated from those temperature and power load conditions (Aljabari, ¶[0015]; ¶[0017]-[0018]; ¶[0022]). Thus, in the proposed modification, the working scenario selects or determines the applicable scenario or power-load correction relationship, and the thermal equilibrium temperature at the ambient temperature measurement point supplies the measured temperature input used with that relationship to determine the adjustment factor or correction constants.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to correct the ambient temperature at the ambient temperature measurement point based on the thermal equilibrium temperature at that point and a detected working scenario, and to classify the detected working scenario into low, medium, and high power consumption scenarios as a predictable implementation of the different operating scenarios and power load conditions taught by Qian, Pan, and Aljabari. In the proposed modification, the adjustment factor is determined based on both inputs together because the detected working scenario supplies the scenario or power-load class used to select or determine the correction relationship, while the thermal equilibrium temperature at the ambient temperature measurement point supplies the measured temperature input used with that scenario or power-load class to determine the adjustment factor or correction constants. Such a modification would have been feasible because the modified Cross already includes an ear-worn or hearable temperature measurement system using an ambient or system temperature measurement for compensation, Qian teaches earbud working states and power-consuming components, Pan teaches scenario-based ambient temperature determination using temperature data, and Aljabari teaches power-load-based ambient temperature correction using temperature measurements and empirically determined constants or fitted functions. One of ordinary skill in the art would have been motivated to make this modification to compensate for self-heating and operating-mode-dependent temperature error caused by the wearable electronic apparatus itself, thereby improving the accuracy of the ambient temperature used in the core temperature determination and improving the accuracy of the core temperature measurement.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian, and further in view of Pan et al. (US-20200333193-A1), hereinafter referred to as Pan, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari, and further in view of Fraden (US-20050043631-A1), hereinafter referred to as Fraden.
The modified Cross teaches claim 12 as shown above.
Regarding claim 15, the modified Cross does not fully teach that determining the ambient temperature at the ambient temperature measurement point comprises: obtaining an initial temperature at the ambient temperature measurement point, wherein the initial temperature is a temperature at the ambient temperature measurement point before the wearable electronic apparatus is worn on an ear of a user; obtaining a momentary temperature at the ambient temperature measurement point, wherein the momentary temperature is a temperature at the ambient temperature measurement point when the wearable electronic apparatus is worn on the ear of the user within a first preset time; and determining the ambient temperature at the ambient temperature measurement point based on the initial temperature and the momentary temperature. Rather, the modified Cross teaches an ear-worn or hearable temperature measurement method including an ambient temperature measurement point and determining ambient temperature at the ambient temperature measurement point before obtaining thermal equilibrium temperatures at different temperature measurement points. The modified Cross further teaches using the ambient temperature in the core temperature determination and correcting the ambient temperature to reduce ambient or system thermal effects. However, the modified Cross does not expressly teach determining the ambient temperature at the ambient temperature measurement point based on both an initial pre-wear temperature and a momentary post-wear temperature obtained within a first preset time.
Fraden teaches obtaining a pre-contact initial temperature and later contact-associated temperature readings within a predetermined timing sequence and using those readings in a temperature computation. Fraden teaches that “before Eq. (1) can be employed, value of Ts should be computed from two temperatures: temperature T1 and T0, where T0 is temperature of first sensor 6 before it touched skin 15” (Fraden, ¶[0028]). Fraden further teaches that “at least two reading[s] (x and y) from each Sensor should be taken with a delay t0 after the Sensors Start moving from the ambient level T0” (Fraden, ¶[0033]). Fraden further teaches that, after the device is picked up, “temperatures from both Sensors 6 and 7 are measured and computed continuously with a predetermined rate,” that the microcontroller checks temperature changes “over predetermined time intervals td,” and that the “Temperature of first sensor 6, T0 before the detection is Stored and will be used for computing the skin temperature by use of Eq. (2)” (Fraden, ¶[0036]). Thus, Fraden teaches a temperature determination sequence using an initial pre-contact temperature and one or more later temperature readings taken within a predetermined time sequence after the sensor begins moving from the initial ambient level.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross in view of Fraden to determine the ambient temperature at the ambient temperature measurement point by obtaining an initial temperature at the ambient temperature measurement point before the wearable electronic apparatus is worn on the ear of the user, obtaining a momentary temperature at the ambient temperature measurement point when the wearable electronic apparatus is worn on the ear of the user within a first preset time, and determining the ambient temperature at the ambient temperature measurement point based on the initial temperature and the momentary temperature. Such a modification would have been feasible because the modified Cross already includes an ambient temperature measurement point in an ear-worn or hearable device and uses the ambient temperature in the core temperature determination, while Fraden teaches using a pre-contact baseline temperature and a later contact-associated temperature obtained within a predetermined timing sequence in a body-temperature computation. One of ordinary skill in the art would have been motivated to make this modification to establish a baseline ambient temperature before the device is thermally affected by being worn and to account for transient thermal changes occurring shortly after the device is worn, thereby improving the accuracy of the ambient temperature used in the core temperature determination.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian, and further in view of Pan et al. (US-20200333193-A1), hereinafter referred to as Pan, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari, and further in view of White et al. (US-5405511-A), hereinafter referred to as White.
The modified Cross teaches claim 12 as shown above.
Regarding claim 18, the modified Cross does not fully teach that correcting the ambient temperature at the ambient temperature measurement point based on thermal equilibrium temperature at the ambient temperature measurement point comprises: determining whether the thermal equilibrium temperature at the ambient temperature measurement point is the same as the ambient temperature at the ambient temperature measurement point; determining the core temperature based on the ambient temperature at the ambient temperature measurement point when the thermal equilibrium temperature at the ambient temperature measurement point is the same as the ambient temperature at the ambient temperature measurement point; and when the thermal equilibrium temperature at the ambient temperature measurement point is different from the ambient temperature at the ambient temperature measurement point, determining the ambient temperature at the ambient temperature measurement point as the thermal equilibrium temperature at the ambient temperature measurement point, and continuing to correct the ambient temperature at the ambient temperature measurement point until the thermal equilibrium temperature at the ambient temperature measurement point is the same as the determined ambient temperature at the ambient temperature measurement point. Rather, the modified Cross teaches correcting ambient temperature at an ambient temperature measurement point for use in determining core temperature, and teaches, through Pan and Aljabari, scenario-based and power-load-based ambient temperature correction using temperature measurements and correction factors. However, the modified Cross does not expressly teach determining whether the thermal equilibrium temperature at the ambient temperature measurement point is the same as the ambient temperature at the ambient temperature measurement point, nor updating the ambient temperature value and continuing correction until the values are the same.
Under broadest reasonable interpretation, determining whether the thermal equilibrium temperature at the ambient temperature measurement point is the same as the ambient temperature at the ambient temperature measurement point includes determining whether the two temperature values are the same within a practical sensor resolution, tolerance, or stability threshold, because exact mathematical equality is not required by the claim and would not be reasonably required in a sampled temperature sensor system.
White teaches this feature. White teaches an ambient temperature estimation procedure in which a processor repeatedly obtains temperature readings from a temperature sensor having a delayed response to changes in ambient temperature and uses the readings to estimate ambient temperature (White, Abstract; col. 5, l. 55-col. 6, l. 35). White teaches determining whether “the new sensed temperature Tnew minus the old temperature Told is less than a temperature threshold value ΔT” (White, col. 6, l. 36-col. 7, l. 13). White further teaches that, when the temperature samples are close enough, “the temperature samples are assumed to be essentially identical and no temperature movement is assumed to have been seen during the entire Δt (indicating that meter 10 is probably at equilibrium). Therefore, no estimation is needed and Tnew may be used as the new ambient temperature” (White, col. 6, l. 36-col. 7, l. 13). White also teaches that, when the temperature difference equals or exceeds the threshold, a new ambient estimate is calculated and the stored ambient value is updated (White, col. 7, ll. 14-40). White’s claims similarly recite that the estimation step is performed only when a difference between the two most recent temperature readings exceeds a threshold value, and that the latest temperature reading is employed as ambient temperature when the threshold value is not exceeded (White, claim 4), and that Tnew is employed as a new Tambient value when the temperature difference is less than the threshold value based on an assumption that the meter is at a stable temperature (White, claim 7).
White’s determination that two sampled temperature values are essentially identical when their difference is less than a threshold is a practical implementation of determining whether the thermal equilibrium temperature at the ambient temperature measurement point is the same as the ambient temperature at the ambient temperature measurement point. White’s use of the newest temperature reading as the new ambient temperature when the readings are stable teaches determining the ambient temperature as the measured equilibrium or stable temperature value. White’s updating of the stored ambient value when the threshold condition is not satisfied teaches continuing the ambient correction process until the ambient value converges to the measured stable temperature value.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross in view of White to correct the ambient temperature at the ambient temperature measurement point by determining whether the thermal equilibrium temperature at the ambient temperature measurement point and the ambient temperature at the ambient temperature measurement point are the same within a stability threshold, determining the core temperature based on the ambient temperature when the stability condition is satisfied, and when the stability condition is not satisfied, updating the ambient temperature using the measured temperature at the ambient temperature measurement point and continuing correction until the thermal equilibrium temperature at the ambient temperature measurement point and the determined ambient temperature are the same within the stability threshold. Such a modification would have been feasible because the modified Cross already uses an ambient temperature value for core temperature determination and corrects that ambient temperature based on measured temperature data and operating conditions, while White teaches a processor-implemented ambient temperature estimation routine that compares measured temperature values, treats sufficiently small differences as equilibrium, uses the measured stable value as ambient temperature, and updates the ambient value when stability is not yet reached. One of ordinary skill in the art would have been motivated to make this modification to improve robustness of ambient compensation during transient thermal conditions by ensuring that the ambient temperature used in the core temperature calculation converges to a stable equilibrium reading, thereby reducing error attributable to sensor lag, environmental transitions, or device self-heating effects.
Regarding claim 19, the modified Cross does not fully teach that determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point and the thermal equilibrium temperature at the second temperature measurement point comprises: determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point, the thermal equilibrium temperature at the second temperature measurement point, the ambient temperature at the ambient temperature measurement point, and the adjustment factor. Rather, the modified Cross teaches determining core temperature based on first and second thermal equilibrium temperatures and an ambient temperature at an ambient temperature measurement point, and further teaches correcting the ambient temperature using scenario-based and power-load-based correction information. However, the modified Cross does not expressly state, in a single core-temperature determination step, that the core temperature is determined based on the first thermal equilibrium temperature, the second thermal equilibrium temperature, the ambient temperature at the ambient temperature measurement point, and the adjustment factor.
Cross teaches determining core temperature using temperature measurements from first and second temperature measurement points. Cross teaches that “The processor 1810 is configured to calculate an absolute core body temperature 1830 using the heat balance equation 1822 and temperature signals produced by the distal and proximal temperature sensors 1804, 1806” (Cross, ¶[0097]). Cross further teaches “calculating, using a processor of the device, an absolute core body temperature using the heat balance equation and the first and second temperatures” (Cross, ¶[0205]).
TI and Qian teach including ambient temperature in the temperature determination. TI teaches that “the surrounding electronic system and ambient temperature can create different offsets in the temperature reading” and that “a second TMP117 can be used to adjust for thermal gradients between the body temperature and these environmental temperatures” (TI, p. 2). Qian teaches that, when a multi-sensor earbud includes two temperature sensors, “a temperature sensor determined to be in direct contact with a user’s ear could be used to provide core temperature information, while the second temperature sensor could be configured to provide an ambient temperature” (Qian, ¶[0054]).
Pan and Aljabari teach determining or applying correction information based on operating scenario, power-load condition, and measured temperature information. Pan teaches identifying “a scenario in which the device 100 operates” and using a lookup table that “associates internal temperatures with corresponding ambient temperatures based on calibrations performed prior to runtime of the device 100 for each of a set of scenarios in which the device 100 may operate” (Pan, ¶[0039]). Pan further teaches that the ambient temperature is determined “using the scenario and at least the internal temperature” (Pan, ¶[0040]). Aljabari teaches that the difference between ambient and sensed temperature “may vary and be affected by the amount of electrical energy needed to power the device” (Aljabari, ¶[0015]), and further teaches that temperatures sampled at different power load conditions “may be used to generate equations in terms of power (by means of curve fitting)” (Aljabari, ¶[0017]). Aljabari further teaches that constants such as “a” and “b” may be determined from empirical tests, simulation, or calculations, and that data may be taken at different power levels of the equipment (Aljabari, ¶[0022]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to determine the core temperature based on the thermal equilibrium temperature at the first temperature measurement point, the thermal equilibrium temperature at the second temperature measurement point, the ambient temperature at the ambient temperature measurement point, and the adjustment factor. Such a modification would have been feasible because the modified Cross already determines core temperature based on first and second temperature measurements and an ambient temperature, and Pan and Aljabari teach determining ambient-temperature correction using scenario/power-load information and measured temperature information, including correction constants or fitted relationships. In the proposed modification, the adjustment factor is used to correct or determine the ambient temperature used in the core temperature calculation, such that the core temperature determination is based on the first thermal equilibrium temperature, the second thermal equilibrium temperature, the ambient temperature at the ambient temperature measurement point, and the adjustment factor. One of ordinary skill in the art would have been motivated to make this modification to compensate for ambient and self-heating effects of the wearable electronic apparatus, thereby improving the accuracy of the core temperature determination.
Regarding claim 20, the modified Cross does not fully teach that after determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point and the thermal equilibrium temperature at the second temperature measurement point, the method further comprises: re-obtaining thermal equilibrium temperatures of the housing in the wearable electronic apparatus at the different temperature measurement points, to obtain updated thermal equilibrium temperatures; determining whether the updated thermal equilibrium temperatures at the temperature measurement points change compared with the previously determined thermal equilibrium temperatures at the temperature measurement points; and re-determining the core temperature of the user based on the updated thermal equilibrium temperatures at the temperature measurement points when it is determined that the updated thermal equilibrium temperatures change. Rather, the modified Cross teaches determining core temperature of a user based on thermal equilibrium temperatures at different temperature measurement points in an ear-worn or hearable apparatus, and further teaches continuous or repeated core-temperature computation over time. Cross teaches that “the processor 1810 can be configured to compute the following temperature measurements: 1) absolute core body temperature continuously; 2) an increase in core body temperature over baseline at any given time of day; 3) a magnitude of variation in core body temperature over any specified time interval within or up to one day (diurnal, nocturnal); and 4) phase shifted daily circadian rhythm compared to normal” (Cross, ¶[0098]). Cross further teaches that embodiments may store “a cumulative moving average, or exponential moving average of core temperature with varying window sizes (1 hr, 1 day, 1 week, 1 month, 1 year)” (Cross, ¶[0175]). However, the modified Cross does not expressly teach re-obtaining updated thermal equilibrium temperatures, comparing the updated thermal equilibrium temperatures with previously determined thermal equilibrium temperatures, and re-determining the core temperature when the updated thermal equilibrium temperatures change.
Under broadest reasonable interpretation, determining whether updated thermal equilibrium temperatures change compared with previously determined thermal equilibrium temperatures includes determining whether the updated values differ from the previous values by more than a practical sensor resolution, tolerance, or threshold, because exact mathematical comparison without any tolerance is not reasonably required in a sampled temperature-sensor system.
White teaches comparing updated temperature readings with previous temperature readings and performing an updated temperature determination when the values change. White teaches a temperature estimation method in which temperature readings are “repetitively and periodically” acquired from a temperature sensor (White, Abstract). White further teaches determining whether “the new sensed temperature Tnew minus the old temperature Told is less than a temperature threshold value ΔT” (White, col. 6, l. 36-col. 7, l. 13). White teaches that, when the difference is below the threshold, “the temperature samples are assumed to be essentially identical and no temperature movement is assumed to have been seen during the entire Δt (indicating that meter 10 is probably at equilibrium). Therefore, no estimation is needed and Tnew may be used as the new ambient temperature” (White, col. 6, l. 36-col. 7, l. 13). White further teaches that, when the temperature difference equals or exceeds the threshold, an updated temperature estimate is calculated and the previously stored ambient value is updated (White, col. 7, ll. 14-40). White’s claims similarly recite that estimation is performed when a difference between the two most recent temperature readings exceeds a threshold value, and the latest temperature reading is employed as ambient temperature when the threshold is not exceeded (White, claim 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to re-obtain thermal equilibrium temperatures of the housing at the different temperature measurement points, compare the updated thermal equilibrium temperatures with previously determined thermal equilibrium temperatures, and re-determine the core temperature based on the updated thermal equilibrium temperatures when the updated thermal equilibrium temperatures change, as taught by Cross and White. Such a modification would have been feasible because the modified Cross already determines core temperature from multiple temperature measurement points and teaches continuous core-temperature computation and tracking of temperature variation over time, while White teaches periodically acquiring updated temperature readings, comparing updated readings to previous readings, treating sufficiently small differences as unchanged/equilibrium, and performing an updated temperature estimate when the difference exceeds a threshold. One of ordinary skill in the art would have been motivated to make this modification to avoid unnecessary recalculation when temperature values remain stable while updating the core temperature when the measured thermal conditions change, thereby improving computational efficiency and maintaining accuracy of the core temperature determination over time.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian, and further in view of Pan et al. (US-20200333193-A1), hereinafter referred to as Pan, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari, and further in view of Siefert et al. (US-20020003832-A1), hereinafter referred to as Siefert.
The modified Cross teaches claim 12 as shown above.
Regarding claim 21, the modified Cross does not fully teach that after determining the core temperature of the user based on the thermal equilibrium temperature at the first temperature measurement point and the thermal equilibrium temperature at the second temperature measurement point, the method further comprises: after detecting that the wearable electronic apparatus is taken off by a user, determining whether the wearable electronic apparatus is worn on an ear of the user again within a second preset time of the detecting that the wearable electronic apparatus is taken off by the user; and when the wearable electronic apparatus is worn on the ear of the user again within the second preset time, re-determining the core temperature of the user based on the ambient temperature at the ambient temperature measurement point before the wearable electronic apparatus is taken off. Rather, the modified Cross teaches determining core temperature using an ear-worn or hearable device, using an ambient or system temperature measurement for compensation, and using stored measured or calculated temperature information. Cross teaches that the processor can compute “absolute core body temperature continuously” and can compute changes “over any specified time interval” (Cross, ¶[0098]). Cross also teaches that “Calculated and/or measured temperature can be stored in internal memory” (Cross, ¶[0174]). The modified Cross further teaches, through Qian, detecting or determining whether an earbud is being worn in the ear of a user, including that an orientation sensor may provide a signal “consistent with the earbud being worn in a first ear of a user” (Qian, ¶[0009]) and that orientation sensors may include temperature, proximity, capacitive, or inertial sensors (Qian, ¶[0061]). However, the modified Cross does not expressly teach, after detecting that the wearable electronic apparatus is taken off by the user, determining whether the wearable electronic apparatus is worn again within a second preset time and, when worn again within that time, re-determining core temperature based on the ambient temperature at the ambient temperature measurement point before the apparatus is taken off.
Siefert teaches timer-based determination tied to a use-cycle transition and reuse of a previously stored ambient temperature value. Siefert teaches that the Initialize System task is initiated when a probe is removed from the well and that a timer is used to determine whether the probe has been in the well long enough to be at ambient temperature (Siefert, ¶[0045]-[0046]). Siefert further teaches: “If the probe has not been in the well 17 for a certain time period, such as one minute, the measurement System assumes that the probe is not at ambient temperature and a previously-Saved ambient temperature is used. If the probe has been in the well 17 for more than a minute, it is considered to be at ambient temperature” (Siefert, ¶[0046]). Siefert also teaches that an initialization task may be triggered by “a rapid rise in the temperature of the probe Signifying contact with the patient,” or by “the lapse of a preselected length of time following the removal of the probe from the well” (Siefert, ¶[0047]). Siefert further teaches using ambient temperature in the temperature computation and selecting between measuring ambient and using a previously stored value, stating that “[t]he offset coefficient C is used to factor the ambient temperature into the calculation of the predicted temperature” and that “the algorithm determines whether to actually measure T or to use a previously Stored value” (Siefert, ¶[0050]).
Siefert’s timer-based determination teaches determining whether a subsequent measurement-use event occurs within a preset time period after a device-use transition, and Siefert’s use of a previously saved ambient temperature teaches reusing a previously stored ambient temperature value when the device has not had enough time to return to ambient temperature. Siefert is not relied upon for teaching an earbud, but for teaching the temperature-measurement control principle of using a preset time after a device-use transition to decide whether to reuse a previously stored ambient temperature value because the temperature-sensing device has not had sufficient time to return to ambient conditions (Siefert, ¶[0046]; ¶[0050]). In the context of the modified Cross, Qian’s earbud wear detection or orientation detection supplies the wear/take-off and re-wear event context, while Siefert supplies the preset-time and stored-ambient-temperature reuse logic.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross in view of Siefert to, after detecting that the wearable electronic apparatus is taken off by a user, determine whether the wearable electronic apparatus is worn on the ear of the user again within a second preset time of detecting that the apparatus is taken off, and, when the apparatus is worn again within the second preset time, re-determine the core temperature based on the ambient temperature at the ambient temperature measurement point before the apparatus is taken off. Such a modification would have been feasible because the modified Cross already includes a wearable ear temperature system using an ambient or system temperature measurement and stores measured or calculated temperature values, Qian teaches determining whether an earbud is worn in an ear using sensor information, and Siefert teaches using a timer to determine whether a temperature probe has had enough time to return to ambient temperature and, when it has not, using a previously saved ambient temperature value in the temperature calculation. One of ordinary skill in the art would have been motivated to make this modification to avoid recalculating or remeasuring ambient temperature when the device is removed and re-worn within a short time period, because the ambient measurement point may not have had time to return to actual ambient temperature, and to improve speed and responsiveness of the core temperature re-determination by reusing a recently stored ambient reference value.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian, and further in view of Pan et al. (US-20200333193-A1), hereinafter referred to as Pan, and further in view of Aljabari (US-20120185202-A1), hereinafter referred to as Aljabari, and further in view of Ghoreyshi et al. (US-20210275030-A1), hereinafter referred to as Ghoreyshi.
The modified Cross teaches claim 1 as shown above.
Regarding claim 23, the modified Cross does not fully teach a non-transitory storage medium, wherein the non-transitory storage medium stores computer-executable instructions, and when the computer-executable instructions are executed by a processor, the method according to claim 12 is implemented. Rather, the modified Cross teaches the method according to claim 12, and Cross further teaches storing information used by the processor to perform core temperature calculation, including that “The memory 1820 is configured to store a heat balance equation 1822” (Cross, ¶[0097]), that “The memory can be Flash, ferroelectric RAM (FRAM), magnetoresistive RAM (MRAM), and other types of non-volatile memory” (Cross, ¶[0098]), and that “[a]fter the heat balance equation is derived for a particular device, the heat balance equation is stored in a memory of an ear-worn device or other type of temperature sensing device” (Cross, ¶[0089]). However, the modified Cross does not expressly teach the method according to claim 12 being implemented by computer-executable instructions stored on a non-transitory storage medium.
Ghoreyshi teaches this feature. Ghoreyshi teaches that inventive embodiments include “methods, algorithms, non-transitory computer-readable storage media storing programs, code, or instructions executable by one or more processors, and the like” (Ghoreyshi, ¶[0004]). Ghoreyshi further teaches that “[a]ccording to certain embodiments, a non-transitory computer-readable storage medium may store instructions executable by one or more processors,” and that the instructions, when executed, cause the processor to perform operations for determining body temperature (Ghoreyshi, ¶[0010]). Ghoreyshi also teaches that embodiments may be implemented by “software, firmware, middleware, microcode, hardware description languages, or any combination thereof,” and that, when implemented in software, firmware, middleware, or microcode, “the program code or code segments to perform the associated tasks may be stored in a computer-readable medium such as a storage medium” (Ghoreyshi, ¶[0130]). Ghoreyshi further teaches that a computer-readable medium may be a physical or tangible storage medium and may include RAM, PROM, EPROM, FLASH EPROM, or other media from which a computer can read instructions and/or code (Ghoreyshi, ¶[0132]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to store computer-executable instructions on a non-transitory storage medium, wherein execution of the instructions by the processor implements the method according to claim 12, as taught by Ghoreyshi. Such a modification would have been feasible because the modified Cross already performs processor-based temperature measurement and core-temperature determination, and Cross already includes nonvolatile memory storing temperature-calculation information. Ghoreyshi teaches implementing body-temperature determination methods using programs, code, or instructions stored on non-transitory computer-readable storage media and executed by one or more processors. One of ordinary skill in the art would have been motivated to make this modification to implement the processor-executed body-temperature measurement and correction operations as stored software or firmware instructions, thereby allowing the method to be reliably stored, executed, updated, and maintained in the wearable electronic apparatus.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Cross et al. (US-20190117155-A1), hereinafter referred to as Cross, in view of Texas Instruments (Texas Instruments,TIDA-060034, “Hearables Body Temperature Monitor Flex PCB Strip Reference Design”, TIDUEX1A, www.ti.com/lit/ug/tiduex1a/tiduex1a.pdf, December 2020, revised March 2021), hereinafter referred to as TI, and further in view of McPeak et al. (US-20170094394-A1), hereinafter referred to as McPeak, and further in view of Zhu et al. (CN-114052669-A), hereinafter referred to as Zhu, and further in view of Qian et al. (US-20190116415-A1), hereinafter referred to as Qian.
The modified Cross teaches claim 1 as shown above.
Regarding claim 25, the modified Cross does not fully teach that the wearable electronic apparatus further comprises a sealing member located on a peripheral side of the thermally conductive metal member, the sealing member being sealed in a gap between the thermally conductive metal member and the mounting hole, wherein the thermally conductive metal member is connected to the housing in a sealing manner through the sealing member. Rather, the modified Cross teaches, through Zhu, a thermally conductive metal member embedded through a mounting hole in the contact part and connected with the housing structure. Zhu teaches that “a through hole is provided on” the surface of the first housing cover, and that “A heat-conducting cover 117 is installed inside the hole” (Zhu, ¶[0131]). Zhu further teaches that the heat-conducting cover has a receiving cavity, a flange provided around the periphery of the receiving cavity for fixing between the first housing and first housing cover, and a side wall of the receiving cavity that cooperates with the through hole (Zhu, ¶[0133]). Zhu also teaches adhesive layers between the housing structures and the flange, including a first adhesive layer between the first housing and first housing cover and a second adhesive layer between the flange and the first housing cover (Zhu, ¶¶[0134]-[0135]). However, the modified Cross does not expressly teach a sealing member located on a peripheral side of the thermally conductive metal member and sealed in a gap between the thermally conductive metal member and the mounting hole.
Under broadest reasonable interpretation, a sealing member encompasses an elastomeric seal, gasket, O-ring, adhesive seal, or other structure/material positioned at an interface to inhibit ingress of liquid, sweat, moisture, or other contaminants. The claim does not require a particular seal material or cross-sectional shape.
Qian teaches this feature. Qian teaches an earbud housing and a removable linking feature coupled to the housing by a protrusion received in a channel defined by the housing (Qian, ¶¶[0047]-[0048]). Qian teaches that “protrusion 504 can include environmental seals at each end that prevent the intrusion of sweat or moisture between the interface of protrusion 504 and the channel defined by housing 202” (Qian, ¶[0047]). Qian’s claims further recite that the protrusion may comprise “one or more environmental seals that inhibit intrusion of liquid between the first and second housing components” (Qian, claim 11). Thus, Qian teaches using environmental sealing members at a peripheral interface between an earbud housing opening/channel and a component received by that opening/channel to prevent sweat, moisture, or liquid intrusion.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Cross to include a sealing member located on a peripheral side of the thermally conductive metal member and sealed in a gap between the thermally conductive metal member and the mounting hole, such that the thermally conductive metal member is connected to the housing in a sealing manner through the sealing member, as taught by Qian. Such a modification would have been feasible because Zhu already teaches installing the heat-conducting cover in a through hole of an earphone housing cover with a peripheral flange and adhesive fixation, and Qian teaches using environmental seals at an earbud housing interface to prevent sweat, moisture, or liquid intrusion. One of ordinary skill in the art would have been motivated to make this modification to maintain the heat-conducting cover at the ear-contacting mounting hole while inhibiting sweat, moisture, or liquid ingress through the gap between the heat-conducting cover and the housing, thereby improving durability, reliability, and sealing performance of the wearable electronic apparatus.
Response to Arguments
Objections
Applicant's arguments filed 5/26/2026, page 11, regarding the previous Objections of claims 20-21 have been fully considered and are persuasive. The previous Objections have been withdrawn. However there are new Objections as shown above.
35 U.S.C. §112(b)
Applicant's arguments filed 5/26/2026, page 11, regarding the previous 112(b) Rejections of claims 3-5, 20, and 21 have been fully considered and are persuasive. The previous 112(b) rejections have been withdrawn.
35 U.S.C. §102 and 103
Applicant's arguments filed 5/26/2026, pages 11-19, regarding the previous 102 Rejections of claims 12 and 23 and the 103 rejections of claims 1-6, 8-9, and 13-22 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. That is, there are new grounds of rejection.
Applicant’s Argument: Applicant argues that amended claim 1 is patentable because Cross does not disclose both the first temperature sensor and the second temperature sensor located on the flexible circuit board, a section of the flexible circuit board on which the second temperature sensor is located disposed on the housing, both sensors located on a side of the flexible circuit board that corresponds to a center of the housing, first and second sensors measuring first and second positions on the flexible circuit board, or the thermally conductive layer fitted between the flexible circuit board and the thermally conductive metal member on the housing. Applicant further argues that Cross’s flexible-circuit disclosure relates only to a single thermistor or electrical interconnection, and that Zhu does not disclose placing both sensors on the same flexible circuit board or disposing a second-sensor portion of the FPC on the housing.
Examiner’s Response: Applicant’s arguments have been considered but are not persuasive in view of the amended rejection set forth above. To the extent Applicant’s arguments are directed to the prior rejection based on Cross and Zhu, those arguments are moot because the present rejection relies on a new combination including TI and McPeak, and further clarifies the role of Zhu. Cross is relied upon for the ear-worn core-temperature measuring apparatus, the first and second temperature measurement locations, the heat-balance/core-temperature determination, the housing/contact part, the sound outlet hole, and the thermally conductive ear-contacting structure (Cross, Abstract; ¶[0053]-[0054]; ¶[0070]-[0081]; ¶[0088]-[0097]; ¶[0151]-[0154]). TI is relied upon for teaching a hearable body-temperature monitor flex PCB strip having two TMP117 temperature sensors on the same flexible PCB, including a main in-ear sensor and a system/ambient compensation sensor (TI, p. 1, Description; TI, p. 1, Features; TI, p. 2; TI, FIG. 2-5). McPeak is relied upon for teaching installation of a folded flexible circuit carrying sensors and other electronics in an earbud housing (McPeak, ¶[0223]-[0226]). Zhu is relied upon for the earphone temperature-sensor/FPC arrangement extending into the housing interior and for the thermally conductive cover/layer/FPC thermal stack (Zhu, ¶[0131]-[0136]).
Applicant’s argument that Cross alone does not physically mount both sensors on the same flexible circuit board does not overcome the rejection because the rejection does not rely on Cross alone for that feature. TI teaches two temperature sensors integrated on a small flexible PCB suitable for hearable devices, and McPeak teaches packaging a sensor-carrying flexible circuit within an earbud housing (TI, p. 1, Description; TI, p. 2; McPeak, ¶[0223]-[0226]). Further, under the broadest reasonable interpretation applied above, “disposed on the housing” does not require external exposure on the outer surface of the housing, and encompasses the section of the flexible circuit board carrying the second temperature sensor being positioned, supported, or mounted with respect to the housing, including along or within an inner housing portion. McPeak’s folded flexible circuit installed in the earbud housing and Zhu’s FPC entering the housing interior therefore address the “disposed on the housing” limitation when combined with TI’s two-sensor flexible PCB (TI, p. 2; McPeak, ¶[0223]-[0226]; Zhu, ¶[0132]). Likewise, under the broadest reasonable interpretation applied above, the claimed side of the flexible circuit board that “corresponds to a center of the housing” is met by the sensor-bearing side of the flexible circuit board being oriented toward the housing interior or center, as taught or suggested by TI’s flexible PCB, McPeak’s internal folded flex arrangement, and Zhu’s sensor/FPC arrangement extending into the housing interior (TI, FIG. 2-5; McPeak, ¶[0223]-[0226]; Zhu, ¶[0132]).
With respect to the thermally conductive layer limitation, Applicant’s argument is also not persuasive because the present rejection clarifies that Cross and Zhu both teach thermal-interface structures between an ear-contacting thermally conductive member and a temperature sensor/flexible circuit structure. Zhu, in particular, teaches a heat-conducting cover, first heat-conducting layer, human body temperature sensor, and first sensor FPC arranged in a heat-transfer path, thereby supporting the claimed thermally conductive layer fitted between the flexible circuit board and the thermally conductive metal member when combined with the flex-board implementation taught by TI and McPeak (Zhu, ¶[0131]-[0136]; TI, p. 2; McPeak, ¶[0223]-[0226]).
Applicant’s Argument: Applicant argues that amended claim 12 is patentable because Cross does not disclose an ambient temperature measurement point on a side opposite the first temperature measurement point, does not disclose correcting the ambient temperature before determining core temperature, and does not disclose detecting a working scenario of the wearable electronic apparatus or determining an adjustment factor based on both the working scenario and the thermal equilibrium temperature at the ambient temperature measurement point. Applicant further argues that Blank and Zhu’975 do not teach detecting low, medium, and high power consumption working scenarios of the wearable apparatus itself, and do not teach an adjustment factor jointly determined based on both a detected working scenario and a thermal equilibrium temperature at the ambient temperature measurement point.
Examiner’s Response: Applicant’s arguments have been considered but are not persuasive in view of the amended rejection set forth above. To the extent Applicant’s arguments are directed to the prior rejection relying on Blank and Zhu’975, those arguments are moot because the present rejection no longer relies on Blank or Zhu’975 for the working-scenario and adjustment-factor limitations. The present rejection instead relies on Cross in view of TI, Qian, Pan, and Aljabari.
Cross is relied upon for the ear-worn temperature-measurement method and determining core temperature from first and second thermal equilibrium temperatures (Cross, Abstract; ¶[0053]-[0054]; ¶[0091]; ¶[0096]-[0097]; ¶[0151]-[0154]; ¶[0205]). TI and Qian are relied upon for the use of an ambient or system temperature measurement in a hearable or earbud temperature-measurement system. TI teaches that system and ambient temperature can create offsets in hearable body temperature measurements and that a second TMP117 can be used to adjust for thermal gradients between body temperature and environmental temperatures (TI, p. 1, Description; TI, p. 1, Features; TI, p. 2). Qian teaches an earbud having sensing regions in which one sensing region is in direct contact with the ear and another sensing region is not, and further teaches that one temperature sensor may provide core temperature information while another temperature sensor may provide ambient temperature (Qian, ¶[0054]). Thus, the present rejection addresses Applicant’s argument that Cross alone lacks an ambient temperature measurement point on an opposite side of the apparatus.
The present rejection also addresses Applicant’s argument regarding working scenarios and adjustment factors. Qian teaches earbud operational states and power-consuming components, including standby, disabled, media playback, noise cancelling, microphone operation, and sensor activation states (Qian, ¶[0055]; ¶[0060]-[0061]). Pan teaches identifying an operating scenario of a portable device and determining ambient temperature using the scenario and temperature data, including use of a lookup table associating internal temperatures with corresponding ambient temperatures for different operating scenarios (Pan, Abstract; ¶[0037]; ¶[0039]-[0040]). Aljabari teaches that sensed temperature error may vary based on the amount of electrical energy needed to power the device, teaches sampling temperatures under different device power load conditions, and teaches generating equations or constants from sampled temperatures and power conditions (Aljabari, ¶[0015]; ¶[0017]-[0018]; ¶[0022]; ¶[0027]). Therefore, the present rejection is not based on heater activation levels of a thermometer component, but on operating scenarios and power-load conditions of an electronic device.
Applicant’s argument that the art does not teach an adjustment factor jointly determined based on both the working scenario and the thermal equilibrium temperature at the ambient temperature measurement point is not persuasive. In the present rejection, the detected working scenario supplies the operating-scenario or power-load class used to select or determine the correction relationship, while the thermal equilibrium temperature at the ambient temperature measurement point supplies the measured temperature input used with that scenario or power-load class to determine the adjustment factor or correction constants (Pan, ¶[0039]-[0040]; Aljabari, ¶[0017]-[0018]; ¶[0022]). Under the broadest reasonable interpretation applied above, the claimed low, medium, and high power consumption scenarios are relative classifications of working scenarios based on power consumption, and the claim does not require particular numerical thresholds, wattage values, or a particular classification algorithm. Classifying known device operating states or power-load conditions into low, medium, and high relative power-consumption bands would have been a predictable implementation of Pan’s scenario-based ambient-temperature correction and Aljabari’s power-load-based correction (Qian, ¶[0055]; ¶[0060]-[0061]; Pan, ¶[0039]-[0040]; Aljabari, ¶[0017]; ¶[0027]).
Applicant’s Argument: Applicant argues that the dependent claims are allowable because they depend from allegedly allowable independent claims and add further features, without presenting separate substantive arguments for each dependent claim.
Examiner’s Response: Applicant’s arguments have been considered but are not persuasive. Because independent claims 1 and 12 remain rejected for the reasons set forth above, the dependent claims are not allowable merely by virtue of their dependency. To the extent the dependent claims add additional limitations, those limitations have been separately addressed in the rejections set forth above. Any dependent claim for which Applicant has not presented separate arguments falls with the claim from which it depends.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AARON MERRIAM/Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791
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