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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/10/26 has/have been acknowledged and is/are being considered by the Examiner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 18-21 and 23-37 have been considered but are moot because the new ground of rejection does not rely on any of the prior rejections of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 18-20 and 29-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Di Censo et al. (U.S. Pub. 2015/0195641 hereinafter “Di Censo”) in view of Haiut (U.S. Pub. 2016/0133255).
Regarding claim 18, Di Censo discloses a method comprising: obtaining, by one or more processing circuits (e.g. 310), signals generated by second set of one or more sensors (e.g. 312; 330, 332, 334, 336) of an ear-wearable device (e.g. 130); generating, by the one or more processing circuits, based on the signals generated by the one or more sensors (e.g. 440, 442, 444), classification data that includes data that identify whether a user of the ear- wearable device is engaged in intentional listening in which the user is actively listening with an intention to engage in conversation or absorb information provided in human-directed communication (e.g. 440, 442, 444); and generating, by the one or more processing circuits, based on the classification data, an output that includes verbal feedback presented to the user by a receiver of the ear-wearable device (e.g. 444, 450, 460; ¶78, 87; [replace sound with different sound; real-time translation]). Di Censo discloses the claimed invention but fails to explicitly state that the sensors adjust power based on the sensors being in a human communication environment. However, Haiut teaches that is known to sense human voices and then adjust the sensors from a low power to a higher power the as set forth in Paragraphs 12-13, 63 and 110-111 to provide a means for optimizing the battery power by increasing power consumption in order to process the input signals and/or participate in the execution of the voice command and then return to lower power once the sensor is not necessary to save on the power. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Di Censo, with battery optimization as taught by Haiut, since such a modification would provide the predictable results of using a lower power until speaking is sensed then increasing the power of the sensors to process and execute the sensed data to optimize the battery and enhance the power longevity of the system.
Regarding claim 19, meeting the limitations of claim 18, Di Censo further discloses wherein the verbal feedback includes a social engagement tip that includes advice regarding how to improve a quality of a social engagement with a particular individual (e.g. 444; ¶78, 87; [replace sound with different sound; real-time translation]).
Regarding claim 20, meeting the limitations of claim 18, Di Censo further discloses determining, by the one or more processing circuits, based at least in part on the classification data, an achieved level of a wellness measure of the user; and using, by the one or more processing circuits, a machine learning technique to associate the social engagement tip with the achieved level of the wellness measure to optimize outputs generate based on later classification data (e.g. ¶¶49-50; [sound level optimized based on the processing of the sound data]).
Regarding claim 29, meeting the limitations of claim 18, Di Censo further discloses determining, by the one or more processing circuits, an activity of the user, wherein the classification data further includes data that identify the activity of the user (e.g. ¶¶6, 78, 87).
Regarding claim 30, meeting the limitations of claim 18, Di Censo further discloses classifying, by the one or more processing circuits, an acoustic environment to which the user is exposed, wherein the classification data further includes data that identify the acoustic environment (e.g. ¶38; [senses ambient sounds to determine and correct the audio environment]).
Regarding claim 31, meeting the limitations of claim 18, Di Censo further discloses classifying, by the one or more processing circuits, companions of the user, wherein the classification data further includes data that identify the companions of the user (e.g. ¶¶78, 87; [real-time translation based on the other person and their language]).
Regarding claim 32, Di Censo discloses an ear-wearable device comprising: one or more sensors (e.g. 312; 330, 332, 334, 336) configured to generate signals; a receiver (e.g. see Fig. 3; [receives from the internet and other wearable device]); and one or more processing circuits (e.g. 310) configured to: generate, based on the signals generated by the one or more sensors, classification data that includes data that identify whether a user of the ear-wearable device is engaged in intentional listening in which the user is actively listening with an intention to engage in conversation or absorb information provided in human-directed communication (e.g. 440, 442, 444); and generate, based on the classification data, an output that includes verbal feedback presented to the user by a receiver of the ear-wearable device (e.g. 444, 450, 460; ¶78, 87; [replace sound with different sound; real-time translation]). Di Censo discloses the claimed invention but fails to explicitly state that the sensors adjust power based on the sensors being in a human communication environment. However, Haiut teaches that is known to sense human voices and then adjust the sensors from a low power to a higher power the as set forth in Paragraphs 12-13, 63 and 110-111 to provide a means for optimizing the battery power by increasing power consumption in order to process the input signals and/or participate in the execution of the voice command and then return to lower power once the sensor is not necessary to save on the power. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Di Censo, with battery optimization as taught by Haiut, since such a modification would provide the predictable results of using a lower power until speaking is sensed then increasing the power of the sensors to process and execute the sensed data to optimize the battery and enhance the power longevity of the system.
Regarding claim 33, meeting the limitations of claim 18, Di Censo further discloses wherein the verbal feedback includes a social engagement tip that includes advice regarding how to improve a quality of a social engagement with a particular individual (e.g. 444; ¶78, 87; [replace sound with different sound; real-time translation]).
Regarding claim 34, meeting the limitations of claim 18, Di Censo further discloses wherein the one or more processing circuits are further configured to: determine, based at least in part on the classification data, an achieved level of a wellness measure of the user; and use a machine learning technique to associate the social engagement tip with the achieved level of the wellness measure to optimize outputs generate based on later classification data (e.g. ¶¶49-50; [sound level optimized based on the processing of the sound data to help improve hearing]).
Claim(s) 21, 26, 28 and 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Di Censo in view of Haiut, as applied to claims 18-20 and 29-34 above, and further in view of Flickinger (U.S. Pub. 2017/0143246).
Regarding claims 21, 26 and 35, Di Censo in view of Haiut discloses the claimed invention except for the system initiating third party social interaction. However, Flickinger teaches a similar system that teaches that it is known to generate a prompt to a third party as set forth in Paragraph 23 and 33 to provide an alert to a third party or an AI companion to initiate social interaction to help the user appropriately cope with their emotions. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Di Censo in view of Haiut, with a third party prompt as taught by Flickinger, since such a modification would provide the predictable results of analyzing the user and then prompting a third party to initiate social interaction to help the user to cope with their emotions.
Regarding claims 28 and 36, Di Censo in view of Haiut discloses the claimed invention except for the system activating and/or deactivating sensors and or data based on the classification data. However, Flickinger teaches a similar system that teaches that it is known to operate the sensors and data as set forth in Paragraph 29 to provide a means for saving battery power based on the need for sensors and data streaming. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Di Censo in view of Haiut, with activation/deactivation of sensors and data as taught by Flickinger, since such a modification would provide the predictable results of turning on and off systems for saving battery power based on the need for sensors and data streaming.
Claim(s) 23-26 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Di Censo in view of Haiut as applied to claims 18-20 and 29-34 above, and further in view of Everman et al (U.S. Pub. 2018/0310893 hereinafter “Everman”).
Regarding claims 23-26 and 37, Di Censo in view of Haiut discloses the claimed invention except for the one or more sensors being extra microphones, EEG, IMU or EMG. However, Everman teaches a similar ear-wearable device that shows that it is known to use extra sensors including microphones, EEG, IMU and EMG as set forth in Paragraphs 24, 27, 29 to provide enhanced measurements for determining user interaction and response. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Di Censo in view of Haiut, with extra microphones, EEG, IMU or EMG as taught by Everman, since such a modification would provide the predictable results of providing provide enhanced measurements for determining user interaction and response.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamashita et al. (U.S. Pub. 2006/0229520) – teaches low and high power sensors based on the sensed information.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REX R HOLMES/Primary Examiner, Art Unit 3796
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