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 .
Election/Restrictions
Applicant’s election without traverse of claims 4-16 in the reply filed on 4/17/2026 is acknowledged.
Response to Amendment
In response to the amendment filed 4/17/2026, claims 1-3 and 17-20 are cancelled, and new claims 21-27 are added.
Claim Objections
Claim 26 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 24. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 4-16 and 27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because they include the scope may include a signal per se. Paragraph [0162] of the specification includes the scope “..or any type of media suitable for storing electronic instructions.” With such a broad disclosure in your specification, it is recommended to amended the claims to be a “non-transitory computer readable medium”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 4-11, 14-16, 21-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xue et al (US 2022/0109925). Xue et al. discloses the claimed subject matter as discussed below:
4. (Currently Amended) An electronic device comprising:
an antenna; (antenna 1061 in figure 1)
a detection circuit coupled to the antenna; (gesture detection circuitry 1306 in figure 13)
a wireless radio coupled to the antenna; (wireless transceiver 104 in figure 1)
one or more processors; (processor 102 in figure 1)
one or more computer readable media storing processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising: (memory 103 in figure 1)
determining, based on a signal received from the detection circuit, a first voltage value for a first time corresponding to wireless transmission at a first frequency channel using the wireless radio and the antenna; (202 an(j 204 it, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages),
determining, based on a signal received from the detection circuit, a second voltage value for a second time corresponding to wireless transmission at a second frequency channel using the wireless radio and the antenna; (202 and 204 in, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages)
determining, based on the first voltage value and the second voltage value, a user input event; (step 206 in figure 2 detecting input gesture, and paragraphs 74-77 of detecting the forward and reflected voltages as part of the gesture detection and control system)
executing, based on the determining of the user input event, executing an action. (step 208 in figure 2 teaches implementing a predetermined function in response to a particular detected gesture)
5. (Original) The electronic device of claim 4, wherein the electronic device comprises an analog-to-digital converter, and wherein the determining of the first voltage value and the determining of the second voltage value utilize the analog-to-digital converter. (paragraph 61: “The input signal is amplified by the preamplifier and sampled and digitized by an analog-to-digital converter of the processor 102a, 102b, resulting in a digitized input signal.”)
6. (Original) The electronic device of claim 4, wherein the electronic device comprises an analog-to-digital converter, and wherein the first voltage value is a value that was sampled using the analog-to-digital converter from a signal received from the detection circuit. (paragraph 61: “The input signal is amplified by the preamplifier and sampled and digitized by an analog-to-digital converter of the processor 102a, 102b, resulting in a digitized input signal.”)
7. (Currently Amended) The electronic device of claim 4, wherein the processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising: determining, based on a signal received from the detection circuit, a third voltage value for a third time corresponding to wireless transmission at a third frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the third voltage value. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.”)
8. (Currently Amended) The electronic device of claim 4, wherein the processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising: determining, based on a signal received from the detection circuit, a first plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna; and determining, based on a signal received from the detection circuit, a second plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the first plurality of voltage values and the second plurality of voltage values. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.” Wherein these voltages are used by the gesture control system to identify and implement the predetermined function.)
9. (Currently Amended) The electronic device of claim 4, wherein processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising; determining, based on a signal received from the detection circuit, a third voltage value for a third time corresponding to wireless transmission at a third frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the third voltage value. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.” Wherein these voltages are used by the gesture control system to identify and implement the predetermined function.)
10. (Currently Amended) The electronic device of claim 4, wherein the processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising; generating, based on a signal received from the detection circuit and using an analog- to-digital converter. (paragraph 61: “The input signal is amplified by the preamplifier and sampled and digitized by an analog-to-digital converter of the processor 102a, 102b, resulting in a digitized input signal.”) , a plurality of voltage values each associated with a timestamp. (paragraph 62: collecting reflection coefficient data comprising a reflection coefficient of the antenna as a function of frequency and of time in response to transmission of the signals)
11. (Original) The electronic device of claim 4, wherein the user input event represents a touch event or double tap event. (paragraph 26 teaches touch sensors)
14. (Currently Amended) The electronic device of claim 4, wherein the processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising; determining first data representing a magnitude and polarity of difference between the first voltage value and a baseline voltage value; wherein the determining of the user input event is based on the first data. (paragraph 78 teaches that reflection coefficient S11 computes as V.sub.ref/V.sub.fwd as a function of time and of frequency as the frequency hops through its hopping sequence. And figures 10 and 11 demonstrate that both the magnitude and phase of S11 have a periodical pattern as a function of time, due to the perturbation of the electrical field of the antenna by the gesture.)
15. (Currently Amended) The electronic device of claim 4, wherein the processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising;
determining, based on a signal received from the detection circuit, a first plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna, the first plurality of voltage values including the first voltage value; determining, based on a signal received from the detection circuit, a second plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna, the second plurality of voltage values including the second voltage value; (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.”)
providing the first plurality of voltage values and the second plurality of voltage values to a machine learning model; wherein the determining the user input event is based on the providing of the first plurality of voltage values and the second plurality of voltage values to the machine learning model. (paragraph 66: the ear-worn electronic device can incorporate a machine learning system configured to implement a training/learning algorithm. The machine learning system can be configured to implement a machine training/learning process using a deep neural network. As was previously discussed, gesture or motion training can be implemented either pre-embedded in the hearing device or conducted by the wearer (or both).)
16. (Currently Amended) The electronic device of claim 4, wherein the one or more computer readable media store processor executable instructions which, when executed using the one or more processors, cause the electronic device to perform operations comprising;
determining, based on a signal received from the detection circuit, a first plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna, the first plurality of voltage values including the first voltage value; determining, based on a signal received from the detection circuit, a second plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna, the second plurality of voltage values including the second voltage value; (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.”)
wherein the determining the user input event is based on deterministic logic taking as input the first plurality of voltage values and the second plurality of voltage values.
21. (New) A method comprising:
determining, based on a signal received from a detection circuit, a first voltage value for a first time corresponding to wireless transmission at a first frequency channel using a wireless radio and an antenna; (202 an(j 204 it, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages),
determining, based on a signal received from the detection circuit, a second voltage value for a second time corresponding to wireless transmission at a second frequency channel using the wireless radio and the antenna; (202 and 204 in, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages)
determining, based on the first voltage value and the second voltage value, a user input event; and
executing, based on the determining of the user input event, an action. (steps 206-208 in figure 2)
22. (New) The method of claim 21, wherein the determining of the first voltage value and the determining of the second voltage value utilize an analog-to-digital converter. (paragraph 61: “The input signal is amplified by the preamplifier and sampled and digitized by an analog-to-digital converter of the processor 102a, 102b, resulting in a digitized input signal.”)
23. (New) The method of claim 21, wherein the first voltage value is a value that was sampled using an analog-to-digital converter from a signal received from the detection circuit. (paragraph 61: “The input signal is amplified by the preamplifier and sampled and digitized by an analog-to-digital converter of the processor 102a, 102b, resulting in a digitized input signal.”)
24. (New) The method of claim 21, comprising:
determining, based on a signal received from the detection circuit, a third voltage value for a third time corresponding to wireless transmission at a third frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the third voltage value. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.”)
25. (New) The method of claim 21, comprising:
determining, based on a signal received from the detection circuit, a first plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna; and determining, based on a signal received from the detection circuit, a second plurality of voltage values associated with wireless transmission at the first frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the first plurality of voltage values and the second plurality of voltage values. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.” Wherein these voltages are used by the gesture control system to identify and implement the predetermined function.)
26. (New) The method of claim 21, comprising:
determining, based on a signal received from the detection circuit, a third voltage value for a third time corresponding to wireless transmission at a third frequency channel using the wireless radio and the antenna; wherein the determining of the user input event is based on the third voltage value. (paragraph 76: “The voltage signal V.sub.rc1 includes voltage components V.sub.RX, V.sub.fwd, and V.sub.ref, where V.sub.RX is the receive signal voltage, V.sub.fwd is the forward voltage at node 809, and V.sub.ref is the reflected voltage from the antenna 810. The voltage signal V.sub.rc1 is communicated to a summing junction 816. The summing junction 816 also receives the forward voltage V.sub.fwd from the phase shifter 812. The phase shifter 812 is adjusted by control circuitry 822 to optimize cancellation of the forward voltage V.sub.fwd from the voltage signal V.sub.rc1. The summing junction 816 is configured to subtract the forward voltage V.sub.fwd from the voltage signal V.sub.rc1 and output a voltage signal V.sub.rc2. The voltage signal V.sub.rc2 includes voltage components V.sub.RX and V.sub.ref. At node 819, the reflected voltage V.sub.ref is communicated to control circuitry 822, and the received signal V.sub.RX is communicated to a receiver (RX) of the wireless transceiver.”)
27. (New) A computer readable medium (103) storing executable instructions which, when executed using a processor (102), cause an electronic device to perform operations comprising:
determining, based on a signal received from a detection circuit, a first voltage value for a first time corresponding to wireless transmission at a first frequency channel using a wireless radio and an antenna; (202 an(j 204 it, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages),
determining, based on a signal received from the detection circuit, a second voltage value for a second time corresponding to wireless transmission at a second frequency channel using the wireless radio and the antenna; (202 an(j 204 it, fig. 2, also see par. 58 regarding frequency hopping methodology for transmission of radio signals, and par. 75-77 regarding the detector 816 detecting voltages),
determining, based on the first voltage value and the second voltage value, a user input event; and
executing, based on the determining of the user input event, an action. (steps 206-208 in figure 2)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. and Nickerson (USPN 20210089126 ) .
Xue teaches all limitations of parent claims as discussed above, and further teaches of touch sensors and gesture detection circuitry. Xue further broadly teaches in paragraph 62 of a plurality of input gestures. Xue though does not specifically disclose wherein the user input event represents a swipe event (as in claim 12) or wherein the user input event represents a multi-touch event corresponding to multiple simultaneous user touches (as in claim 13).
Swipes and multi-touches are exceedingly well known types of input gestures. For example, Nickerson (USPN 20210089126 ) teaches in paragraph 44 a touch sensor that may include swipes, taps, multi-taps, deep taps, voice dictation, motion or gesture tracking (e.g., via gyroscopic, piezoelectric, optical, or other sensors).
It would have been obvious at the time of effective filing to modify the gesture and touch input system of Xue to include the specific gesture inputs of swipes or multi-touches in order to gives users additional flexibility in providing inputs to the system and thereby enhance their user experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ANDERSON whose telephone number is (571)272-4177. The examiner can normally be reached M-F 8a-4p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW D. ANDERSON/Supervisory Patent Examiner, Art Unit 2646
Prosecution Insights