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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
1. Claim(s) 1-2, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mirov (US 20170049352 A1) in view of Stern (US 20230019413 A1).
Regarding claim 1:
Mirov (US 20170049352 A1) discloses an electronic device (110, in Fig. 1), comprising:
a processor (processor of wearable device 110, [0065]) configured to:
receive (detect), from a wearable device that includes (i) a first biopotential-signal sensor (biosensor detected signal) configured to contact a first sensor-skin interface when the wearable device is worn on a first portion of a body part of a user ([0066-0070], a wearable device could include at least two electrical contacts disposed on or toward an inside surface of the wearable device (e.g., on an inside surface of a housing, strap, or other element of the wearable device) such that the at least two electrical contacts are in contact with a first external body surface at a first skin location to which the wearable device is mounted)
and determine whether the physical contact with or near the second portion of the body part of the user corresponds to a user command to control the wearable device or another electronic device in communication with the wearable device ( in [0043] discloses a controller, wherein the controller is configured to perform controller operations comprising: detecting an impedance between the first and second electrical contacts; determining whether the detected impedance is less than a specified threshold; and responsive to determining that the detected impedance is less than the specified threshold, detecting a voltage between the first electrical contact and the third electrical contact, The impedance between a pair of the electrical contacts detected and the device operated based on the detected impedance also see claim 1 in Mirov’s reference).
and (ii) a second biopotential-signal sensor (biosensor detected signal from second contact) configured to contact a second sensor-skin interface (e.g. second electrical contact at wrist) when the wearable device is worn on first portion of a a body part of the user ([0049-0054]).
Note that Mirov discloses data indicating respective impedance values at the first sensor-skin interface and the second sensor-skin interface (i.e. the impedance between a pair of the electrical contacts can be detected and the device operated based on the detected impedance. The device can detect an electrocardiogram or other biopotentials using the electrical contacts if the detected impedance falls below a specified threshold, see abstract, [0049-0052]); detect physical contact by an object (i.e. command, e.g. auditory) other than the first portion of the body part of the user with or near a second portion of the body part of the user, distinct from the first portion of the body part and the wearable device; and in accordance with a determination that the physical contact with or near the second portion of the body part of the user satisfies a triggering condition (activating condition of the warble device) [0030, 0103-0104]:
However, Mirov does not specifically disclose obtaining (i) a first impedance change at the first sensor-skin interface and (ii) a second impedance change at the second sensor-skin interface.
Stern (US 20230019413 A1) discloses based on obtaining (i) a first impedance change at the first sensor-skin interface (i.e. first electrode) and (ii) a second impedance change at the second sensor-skin interface (second electrode) ([0074]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mirov with the teaching of Stern, thereby the functionality of the wearable device may improve over time without requiring hardware replacement of components.
Regarding claim 19:
Mirov discloses a method, comprising: at an electronic device (110, Fig. 1) comprising one or more processors (processor 860 of wearable device 110, [0065])), and memory (memory, see [0124]), the memory comprising instructions ([0123-0124]), which, when executed by the one or more processors, cause operations for:
receive (detect), from a wearable device that includes (i) a first biopotential-signal sensor (biosensor detected signal) configured to contact a first sensor-skin interface when the wearable device is worn a first portion of a body part of a user and
([0066-0070]) ( a wearable device could include at least two electrical contacts disposed on or toward an inside surface of the wearable device (e.g., on an inside surface of a housing, strap, or other element of the wearable device) such that the at least two electrical contacts are in contact with a first external body surface at a first skin location to which the wearable device is mounted)
and (ii) a second biopotential-signal sensor (biosensor detected signal from second contact) configured to contact a second sensor-skin interface (e.g. second electrical contact at wrist) when the wearable device is worn on the first portion of the body part of the user ([0049-0054]) , data indicating respective impedance values at the first sensor-skin interface and the second sensor-skin interface (The impedance between a pair of the electrical contacts can be detected and the device operated based on the detected impedance. The device can detect an electrocardiogram or other biopotentials using the electrical contacts if the detected impedance falls below a specified threshold, see abstract, [0049-0052]); detect physical contact by an object (i.e. command, auditory) other than the first portion of the body part of the user with or near a second portion of the body part of the user, distinct from the first portion of the body part and the wearable device; and in accordance with a determination that the physical contact with or near the second portion of the body part of the user satisfies a trigger condition(activating condition of the warble device) [0030, 0103-0104]): and
determine whether the physical contact with or near the body part of the user corresponds to a user command to control the wearable device or another electronic device in communication with the wearable device ( in [0043] discloses a controller, wherein the controller is configured to perform controller operations comprising: detecting an impedance between the first and second electrical contacts; determining whether the detected impedance is less than a specified threshold; and responsive to determining that the detected impedance is less than the specified threshold, detecting a voltage between the first electrical contact and the third electrical contact, The impedance between a pair of the electrical contacts detected and the device operated based on the detected impedance also see claim 1 in Mirov’s reference;
However, Mirov does not specifically disclose obtaining (i) a first impedance change at the first sensor-skin interface and (ii) a second impedance change at the second sensor-skin interface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mirov with the teaching of Stern, thereby the functionality of the wearable device may improve over time without requiring hardware replacement of components.
Regarding claim 20:
Mirov discloses a non-transitory, computer-readable storage medium () including instructions that ([0123-0124]), when executed by an electronic device receive (detect), from a wearable device that includes (i) a first biopotential-signal sensor (biosensor detected signal) configured to contact a first sensor-skin interface when the wearable device is worn on a first portion of a body on a body part of a user ([0066-0070]), a wearable device could include at least two electrical contacts disposed on or toward an inside surface of the wearable device (e.g., on an inside surface of a housing, strap, or other element of the wearable device) such that the at least two electrical contacts are in contact with a first external body surface at a first skin location to which the wearable device is mounted) and (ii) a second biopotential-signal sensor (biosensor detected signal from second contact) configured to contact a second sensor-skin interface (e.g. second electrical contact at wrist) when the wearable device is worn on a first portion of a body on a body part of a user ([0066-0070]), ([0049-0054]), data indicating respective impedance values at the first sensor-skin interface and the second sensor-skin interface (The impedance between a pair of the electrical contacts can be detected and the device operated based on the detected impedance. The device can detect an electrocardiogram or other biopotentials using the electrical contacts if the detected impedance falls below a specified threshold, see abstract, [0049-0052]);
detect physical contact by an object (i.e. command, auditory) other than the first portion of the body part of the user with or near a second portion of the body part of the user, distinct from the first portion of the body part and the wearable device; and in accordance with a determination that the physical contact with or near the second portion of the body part of the user satisfies a trigger condition(activating condition of the warble device, [0030, 0103-0104]): and
determine whether the physical contact with or near the body part of the user corresponds to a user command to control the wearable device or another electronic device in communication with the wearable device ( in [0043] discloses a controller, wherein the controller is configured to perform controller operations comprising: detecting an impedance between the first and second electrical contacts; determining whether the detected impedance is less than a specified threshold; and responsive to determining that the detected impedance is less than the specified threshold, detecting a voltage between the first electrical contact and the third electrical contact, The impedance between a pair of the electrical contacts detected and the device operated based on the detected impedance also see claim 1 in Mirov’s reference).
However, Mirov does not specifically disclose obtaining (i) a first impedance change at the first sensor-skin interface and (ii) a second impedance change at the second sensor-skin interface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mirov with the teaching of Stern, thereby the functionality of the wearable device may improve over time without requiring hardware replacement of components.
Regarding claim 2:
Mirov discloses wherein the processor is further configured to: in accordance
with determining that the physical contact with or near the second portion of the body part (i.e. command, e.g. auditory) of the user corresponds to the user command to control the wearable device (110) or the other electronic device in communication with the wearable device, send instructions to the wearable device or the other electronic device to effectuate performance of the user command ([0043], [0054], see Fig. 1B).
Regarding claim 13:
Mirov in view of Stern discloses wherein, in accordance with the determination that the triggering condition is satisfied, the first biopotential-signal sensor and the second biopotential-signal sensor are configured to monitor impedance at the first sensor-skin interface and the second sensor-skin interface, respectively ([0074-0078]), in response to a triggering condition (i.e. actuation corresponding to vibration, [0045, 0048]), and the processor is further configured to: before obtaining the first impedance change and the second impedance change, based on determining that the physical contact (see stern, [0069], a processor of the sensor 205 may detect that a user has contacted the ECG electrode (e.g., with one or more fingers of the hand opposite the arm on which the sensor 205 is worn),) by the object other than the first part of the body part of the user satisfies the triggering condition: obtaining (i) first impedance data indicating impedance values for the first sensor-skin interface, and (ii) second impedance data indicating impedance values for the second sensor-skin interface (see Stern, [0074-0078]). Same motivation as applied to claim 1.
Regarding claim 14:
Mirov in view of Stern discloses wherein the triggering condition is present when a magnitude of impedance change at one of the first sensor-skin interface and the second sensor-skin interface is determined to exceed an impedance-change threshold ((e.g., higher than a threshold value) (see stern, [0072, 0074-0078]). Same motivation as applied to claim 1.
Regarding claim 15:
Mirov in view of Stern discloses wherein the triggering condition is determined to be present based on vibration data from an inertial measurement unit (i.e. 225) of the wearable device (see Stern, [0045, 0048 ]). Same motivation as applied to claim 1.
Regarding claim 16:
Mirov in view of Stern discloses wherein obtaining the first impedance data and the second impedance data further includes: obtaining impedance data for a predefined lookback duration (i.e. an impendence measurements may be periodically or simultaneously obtained with gesture data (e.g., EMG and wrist motion data), over a period of time, see Stern [0074] and [0144]. Same motivation as applied to claim 1.
Regarding claim 17:
Mirov discloses wherein no cameras of any respective electronic device in electronic communication with the electronic device are used (biopotential-signal sensors ) to determine that the physical contact corresponds to the user command ([0043],[0049-0054]).
Regarding claim 18:
Mirov discloses wherein the first biopotential-signal sensor includes one or more of a group that includes: an electromyography (EMG) sensor; a surface electromyography (sEMG) sensor; and a piezoresistive sensor (see [0101]).
2. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mirov (US 20170049352 A1) in view of Stern (US 20230019413 A1) further in view of Sears (US 20200111259 A1).
Regarding claim 12:
Mirovi does not specifically disclose wherein: the processor is further configured to: determine that a location of the physical contact by the object other than the first portion of the body part of the user corresponds to a simulated display location of a user interface element presented by an artificial-reality headset being worn by the user.
Sears (US 20200111259 A1) discloses determine that a location of the physical contact by the object other than first portion of the body part of the user corresponds to a simulated display location (1902, Fig. 19) of a user interface element presented by an artificial-reality headset being worn by the user (use haptic device 1904 to send action requests to a console. Examples of action requests include, without limitation, requests to start an application and/or end the application and/or requests to perform a particular action within the application [0180-0181]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mirov with the teaching of Stern, and Sears, thereby providing improved visibility of an artificial-reality headset being worn by the user.
Allowable Subject Matter
3. Claims 3-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3:
.
The closest art of record singly or in combination fails to teach or suggest the limitations “data indicating new respective impedance values at the first sensor-skin interface and the second sensor-skin interface; and after a new physical contact by the object other than the first portion of the body part of the user at a third portion of the body part that is distinct from the first portion of the body part: based on obtaining (i) a new first impedance change at the first sensor-skin interface and (ii) a new second impedance change at the second sensor-skin interface: in accordance with determining that the physical contact with thethird portion of the body part corresponds to a second user command, distinct from the first user command, to control the wearable device or the other electronic device in communication with the wearable device, cause the wearable device or the other electronic device to effectuate performance of the second user command. (see Applicant’s disclosure, [0057-0059]).
Regarding claim 7:
The closest art of record singly or in combination fails to teach or suggest the limitations “(i) a third biopotential-signal sensor configured to contact a third sensor-skin interface when the wearable device is worn on the body part of the user and (ii) a fourth biopotential-signal sensor configured to contact a fourth sensor-skin interface when the wearable device is worn on the body part of the user, data indicating respective impedance values at the third sensor-skin interface and the fourth sensor- skin interface; and after a new physical contact by the object other than the first portion of the body part of the user at a third portion of the body part that is distinct from the second portion of the body part corresponding to the physical contact: based on obtaining (i) a third impedance change at the third sensor-skin interface and (ii) a fourth impedance change at the fourth sensor-skin interface, determine whether the new physical contact with or near the third portion of the body part of the user corresponds to ano ther user command to control the wearable device or the other electronic device in communication with the wearable device (see Applicant’s disclosure, [0061-0067]).
Responds to Applicant’s argument
4. Applicant’s argument filed on 07/10/2025 has been considered but are not persuasive. More specifically the Applicant argues that Mirov in view of Stern does not specifically disclose” detecting/ physical contact by an object other than the first portion of the bod y part of the user with or near a second portion of the body part of the user, distinct from the first portion of the body part and the wearable device" as recited in claims 1. 19 and 20.
In responds Examiner disagrees with the Applicant's point of view.Mirov in view of Stern discloses the limitations as recited in claim 1, 19 and 20. Mirov discloses data indicating respective impedance values at the first sensor-skin interface and the second sensor-skin interface (i.e. the impedance between a pair of the electrical contacts can be detected and the device operated based on the detected impedance. The device can detect an electrocardiogram or other biopotentials using the electrical contacts if the detected impedance falls below a specified threshold, see abstract, [0049-0052]); detect physical contact by an object (i.e. command, e.g. auditory) other than the first portion of the body part of the user with or near a second portion of the body part of the user, distinct from the first portion of the body part and the wearable device; and in accordance with a determination that the physical contact with or near the second portion of the body part of the user satisfies a triggering condition (activating condition of the warble device) [0030, 0103-0104]:
Pertinent art
5. the pertinent art of record Ballard (US 20150153922 A1) discloses display device.
Conclusion
6. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Inquiry
7. Any inquiry concerning this communication or earlier communication from the examiner should be directed to Shaheda Abdin whose telephone number is (571) 270-1673.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao could be reached at (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHEDA A ABDIN/ Primary Examiner, Art Unit 2621