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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gong (WO 2024/000174 A1, provided by Applicant).
Regarding Claim 1, Gong teaches: An earphone apparatus (Fig. 1) comprising: a pair of earphone devices (4 and 4’ in Fig. 1) worn on ears of a user (Page 22, ln 1-24), wherein a first earphone device (4 in Fig. 1), which is one of the pair of earphone devices (4, 4’), includes a first communication interface (10 in Fig. 1) configured to wirelessly communicably connect to a second earphone device (4’), which is the other of the pair of earphone devices (4, 4’, Page 22, ln 1-24), and a first processor configured to determine a wearing state of each of the first earphone device and the second earphone device on the ears of the user based on a reception parameter of a signal received from the second earphone device (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9).
Regarding Claim 2, Gong teaches: wherein the second earphone device (4’) includes a second communication interface configured to wirelessly connect to the first earphone device communicably (10’; Page 22, ln 1-24; Page 23, ln 24 – Page 24, ln 9), and a second processor configured to determine the wearing state of each of the first earphone device and the second earphone device on the ears of the user based on a reception parameter of a signal received from the first earphone device (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9).
Regarding Claim 3, Gong teaches: wherein the first communication interface is configured to wirelessly communicably connect to a mobile wireless terminal held by the user communicably (Page 10, ln 21-27), and the first processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during processing of receiving and playing a music signal from the mobile wireless terminal via the first communication interface, the playing processing of the music signal (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27).
Regarding Claim 4, Gong teaches: wherein the second processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during processing of receiving and playing a music signal from a mobile wireless terminal held by the user via the second communication interface, the playing processing of the music signal (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27; see also Page 3, ln 17-23 switching of primary earphone).
Regarding Claim 11, method limitations are recited corresponding to the structural limitations of Claim 1. Claim 11 is rejected for the same reasons as above with respect to Claim 1.
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.
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (WO 2024/000174 A1, provided by Applicant).
Regarding Claim 5, Gong teaches: wherein the first earphone device further includes a first microphone configured to pick up an external sound signal around the ear of the user (Page 17, ln 5-30). Gong does not specifically teach: and the first processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during an operation of a noise cancellation mode for cancelling a noise component included in the external sound signal picked up by the first microphone, the operation of the noise cancellation mode. Gong teaches to stop playback of audio when either earphone is in a non-wearing state (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27; see also Page 17, ln 5-30). Gong teaches the use of noise cancellation (Page 17, ln 5-30). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further stop the noise cancellation of the microphone of Gong in the event of a non-worn state detection of either earphone. Motivation for doing so would lie in providing power saving to the earphone devices.
Regarding Claim 6, Gong teaches: wherein the second earphone device further includes a second microphone configured to pick up an external sound signal around the ear of the user (Page 17, ln 5-30). Gong does not specifically teach: and the second processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during an operation of a noise cancellation mode for cancelling a noise component included in the external sound signal picked up by the second microphone, the operation of the noise cancellation mode. Gong teaches to stop playback of audio when either earphone is in a non-wearing state (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27; see also Page 17, ln 5-30). Gong teaches the use of noise cancellation (Page 17, ln 5-30). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further stop the noise cancellation of the microphone of Gong in the event of a non-worn state detection of either earphone. Motivation for doing so would lie in providing power saving to the earphone devices.
Regarding Claim 7, Gong teaches: wherein the first earphone device further includes a third microphone configured to pick up an external sound signal around the ear of the user, and a speaker configured to output the external sound signal picked up by the third microphone (Page 17, ln 5-30). Gong does not specifically teach: and the first processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during an external sound capturing mode for capturing the external sound signal picked up by the third microphone and outputting the external sound signal from the speaker, the external sound capturing mode. Gong teaches to stop playback of audio when either earphone is in a non-wearing state (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27; see also Page 17, ln 5-30). Gong teaches the use of noise cancellation (Page 17, ln 5-30). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further stop the noise cancellation of the microphone of Gong in the event of a non-worn state detection of either earphone. Motivation for doing so would lie in providing power saving to the earphone devices.
Regarding Claim 8, Gong teaches: wherein the second earphone device further include a fourth microphone configured to pick up an external sound signal around the ear of the user, and a speaker configured to output the external sound signal picked up by the fourth microphone (Page 17, ln 5-30). Gong does not specifically teach: and the first processor is configured to stop, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during an external sound capturing mode for capturing the external sound signal picked up by the fourth microphone and outputting the external sound signal from the speaker, the external sound capturing mode. Gong teaches to stop playback of audio when either earphone is in a non-wearing state (Fig. 3a, 3b, 4; Page 23, ln 24 – Page 24, ln 9 and Page 10, ln 21-27; see also Page 17, ln 5-30). Gong teaches the use of noise cancellation (Page 17, ln 5-30). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further stop the noise cancellation of the microphone of Gong in the event of a non-worn state detection of either earphone. Motivation for doing so would lie in providing power saving to the earphone devices.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (WO 2024/000174 A1, provided by Applicant), in view of Kemmerer (US 10462551 B1).
Regarding Claim 9, Gong does not specifically teach: wherein the first earphone device further includes a first touch sensor configured to receive an operation of the user, and the first processor configured to switch, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during a setting to permit use of the first touch sensor, a setting to prohibit the use of the first touch sensor. In a related field, Kemmerer teaches for an earphone to include a touch sensor and to disable the touch sensor when an earphone is in a non-worn state (Col. 10, ln 18-39). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gong to include a touch sensor and to disable the touch sensor in a non-worn state of the earphone. Motivation for doing so would lie in enabling and disabling control of the earphone directly in a convenient manner while conserving battery life in a non-worn state.
Regarding Claim 10, Gong does not specifically teach: wherein the second earphone device further includes a second touch sensor configured to receive an operation of the user, and the second processor configured to switch, based on a determination in which at least one of the first earphone device and the second earphone device is in a non-wearing state from the ear of the user during a setting to permit use of the second touch sensor, a setting to prohibit the use of the second touch sensor. In a related field, Kemmerer teaches for an earphone to include a touch sensor and to disable the touch sensor when an earphone is in a non-worn state (Col. 10, ln 18-39). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gong to include a touch sensor and to disable the touch sensor in a non-worn state of the earphone. Motivation for doing so would lie in enabling and disabling control of the earphone directly in a convenient manner while conserving battery life in a non-worn state.
Conclusion
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/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624