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 .
Claims 1-5, 8-18 and 20 are currently pending and prosecuted.
Response to Arguments
Applicant's arguments filed 14 August 2025 have been fully considered but they are not persuasive. Applicant argues the prior art of record fails to teach the amended limitations. The Examiner respectfully disagrees.
Specifically, Applicant contends Kim fails to teach using both the head detection and the finger detection based on the housing position, acceleration and rate of rotation as well as the proximity sensing. However, Kim, in [0119], states “[t]he processor 310 determines the user's posture through an inertial sensor 333, in response to activation of the specification application that uses a function of the proximity sensor 331, in step 703.” Under the broadest reasonable interpretation, this would read on the claim language as the inertial sensor is used to determine the housing position, acceleration and rate of change, as noted in [0072], and the proximity sensor is used for finger detection, which is all the claims, as currently presented, require.
As such, Applicant’s arguments are not considered persuasive.
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)(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 1-7, 9-13 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al., US PG-Pub 2021/0127000, hereinafter Kim.
Regarding Claim 1, Kim teaches an electronic device (electronic device 101), comprising:
a housing (housing 350);
a display (display 320, 210) in the housing (Figs. 4A-4B, and corresponding descriptions) and comprising an array of pixels ([0054]-[0056], “a pixel layer of the display 210”) configured to emit images ([0052]-[0054]) and a touch sensor (touch sensor 251);
a proximity sensor (proximity sensor 331) in the housing (Figs. 1 and 3-4B, and corresponding descriptions) configured to be triggered in response to a proximity of an external object ([0066], “The proximity sensor 331 may be configured to sense an approach of a peripheral object without physical contact”);
an inertial measurement unit (inertial sensor 333) in the housing (Figs. 1 and 3-4B, and corresponding descriptions) configured to measure a position of the housing, an acceleration of the housing, and a rate of rotation of the housing ([0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”); and
a controller (processor 310) in the housing (Figs. 1 and 3-4B, and corresponding descriptions), wherein the controller is configured to determine, based on the position of the housing, the acceleration of the housing, and the rate of rotation of the housing ([0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”; Fig. 7, and corresponding descriptions; [0118]-[0122]), whether the proximity sensor has been triggered in response to a finger at a first time period and that the proximity sensor has been triggered ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]) and in response to the housing being held to a head at a second time period ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]).
Regarding Claim 2, Kim teaches the electronic device of claim 1, wherein the controller is further configured to deactivate the display in response to determining that the proximity sensor has been triggered in response to the housing being held to the head ([0089]-[0091], [0103]-[0107], discussing the auto-off function utilizing the proximity sensor).
Regarding Claim 3, Kim teaches the electronic device of claim 2, wherein the controller is configured to deactivate the display by deactivating the touch sensor in the display ([0107]. “the user may not make a touch input as desired, due to the display 320 auto screen off function”).
Regarding Claim 4, Kim teaches the electronic device of claim 3, wherein the controller is further configured to deactivate the display by turning off at least a portion of the array of pixels in the display ([0089]-[0091], [0103]-[0107], discussing the auto-off function utilizing the proximity sensor).
Regarding Claim 5, Kim teaches the electronic device of claim 4, wherein the controller is further configured to leave the array of pixels and the touch sensor on in response to determining that the proximity sensor has been triggered in response to the finger (Figs. 5A-6 and 9, and corresponding descriptions; [0132]-[0145], describing how the user’s touch keeps the screen active based on the gesture received).
Regarding Claim 9, Kim teaches the electronic device of claim 1, wherein the proximity sensor is under the display ([0070], “The proximity sensor 331 may be disposed below the display 320”).
Regarding Claim 10, Kim teaches the electronic device of claim 9, wherein the proximity sensor is an optical proximity sensor ([0066]-[0067], “The proximity sensor 331 may include, for example, an optical proximity sensor”).
Regarding Claim 11, Kim teaches the electronic device of claim 1, wherein the controller is further configured to leave the array of pixels and the touch sensor on in response to determining that the proximity sensor has been triggered in response to the finger (Figs. 5A-6 and 9, and corresponding descriptions; [0132]-[0145], describing how the user’s touch keeps the screen active based on the gesture received).
Regarding Claim 12, Kim teaches the electronic device of claim 1, wherein the inertial measurement unit comprises an accelerometer, a gyroscope, and a magnetometer ([0072], “The inertial sensor 333 may include at least one of an accelerometer, a gyroscope, or a geomagnetic sensor”).
Regarding Claim 13, Kim teaches a method of operating an electronic device (electronic device 101) with a display (display 320, 210), a proximity sensor (proximity sensor 331), and an inertial measurement unit (inertial sensor 333), the method comprising:
gathering proximity sensor measurements with the proximity sensor ([0066], “The proximity sensor 331 may be configured to sense an approach of a peripheral object without physical contact”) and position, acceleration, and rate of rotation measurements with the inertial measurement unit ([0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”);
detecting an external object with the proximity sensor ([0066], “The proximity sensor 331 may be configured to sense an approach of a peripheral object without physical contact”);
in response to detecting the external object, determining that the external object is a finger of a user based on the position, acceleration, and rate of rotation measurements at a first time period ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]) and determining that the external object is a head of the user based on the position, acceleration, and rate of rotation measurements at a second time period ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]); and
in response to determining that the external object is the head of the user, deactivating the display ([0089]-[0091], [0103]-[0107], discussing the auto-off function utilizing the proximity sensor).
Regarding Claim 16, Kim teaches the method of claim 13, wherein deactivating the display comprises deactivating a touch sensor (touch sensor 251) and an array of pixels ([0054]-[0056], “a pixel layer of the display 210”) of the display ([0089]-[0091], [0103]-[0107], discussing the auto-off function utilizing the proximity sensor).
Regarding Claim 17, Kim teaches the method of claim 16, further comprising:
in response to determining that the external object is the finger of the user, leaving the touch sensor and the array of pixels of the display on (Figs. 5A-6 and 9, and corresponding descriptions; [0132]-[0145], describing how the user’s touch keeps the screen active based on the gesture received).
Regarding Claim 18, Kim teaches an electronic device (electronic device 101), comprising:
a housing (housing 350);
a display (display 320, 210) in the housing (Figs. 4A-4B, and corresponding descriptions);
a proximity sensor (proximity sensor 331) in the housing (Figs. 1 and 3-4B, and corresponding descriptions), wherein the proximity sensor is configured to be triggered in response to an external object ([0066], “The proximity sensor 331 may be configured to sense an approach of a peripheral object without physical contact”);
a motion sensor (inertial sensor 333) in the housing (Figs. 1 and 3-4B, and corresponding descriptions), wherein the motion sensor is configured to measure a position, an acceleration, and a rate of rotation of the housing ([0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”); and
a controller (processor 310) in the housing (Figs. 1 and 3-4B, and corresponding descriptions), wherein the controller is configured to determine, based on the first measurements of position, the acceleration, and the rate of rotation of the housing, that the proximity sensor has been triggered in response to a user’s finger ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]) and to determine, based on second measurements of the position, the acceleration, and the rate of rotation of the housing, that the proximity sensor has been triggered in response to a user’s head ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]), and wherein the controller is configured to deactivate the display in response to determining that the proximity sensor has been triggered in response to the user’s head ([0089]-[0091], [0103]-[0107], discussing the auto-off function utilizing the proximity sensor).
Regarding Claim 19, Kim teaches the electronic device of claim 18, wherein the motion of the housing comprises a position of the housing, an acceleration of the housing, and a rate of rotation of the housing ([0089]-[0091], [0103]-[0107], [0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”).
Regarding Claim 20, Kim teaches the electronic device of claim 19, wherein the motion sensor comprises an inertial measurement unit that includes an accelerometer, a gyroscope, and a magnetometer ([0072], “The inertial sensor 333 may include at least one of an accelerometer, a gyroscope, or a geomagnetic sensor”).
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 8 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claims 7 or 13 above, and further in view of Wantland, US PG-Pub 2019/0141181, hereinafter Wantland.
Regarding Claim 8, Kim teaches the electronic device of claim 1, wherein the controller is configured to use the position of the housing, the acceleration of the housing, and the rate of rotation of the housing as inputs to determine that the proximity sensor has been triggered in response to the finger at the first time period ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]) and that the proximity sensor has been triggered in response to the housing being held to the head at the second time period ([0070]-[0072], discussing the proximity sensor response; [0072]-[0078], discussing the inertial sensor response when the user holds the phone to their head; Fig. 7, and corresponding descriptions; [0118]-[0122]).
However, Kim does not explicitly teach wherein the controller is configured to use a machine-learning algorithm.
Wantland teaches wherein the controller is configured to use a machine-learning algorithm (Wantland: Figs. 2 and 9-14, and corresponding descriptions; [0117]-[0123]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to incorporate the machine learning taught by Wantland into the device taught by Kim in order to improve the avoidance of unintentional activation of one or more components over time (Wantland: [0091]), thereby providing a more accurate and better trained learning model.
Regarding Claim 14, Kim teaches the method of claim 13, wherein determining that the external object is the finger of the user and determining that the external object is the head of the user based on the motion sensor measurements comprises inputting the position, the acceleration, and the rate of rotation ([0089]-[0091], [0103]-[0107], [0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”).
However, Kim does not explicitly teach a machine-learning model.
Wantland teaches a machine-learning model (Wantland: Figs. 2 and 9-14, and corresponding descriptions; [0117]-[0123]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to incorporate the machine learning taught by Wantland into the device taught by Kim in order to improve the avoidance of unintentional activation of one or more components over time (Wantland: [0091]), thereby providing a more accurate and better trained learning model.
Regarding Claim 15, Kim, as modified by Wantland, teaches the method of claim 14, further comprising:
training the machine-learning algorithm based on known correlations between the position, the acceleration, and the rate of rotation and whether the external object is the finger of the user or the head of the user (Wantland: Figs. 2 and 9-14, and corresponding descriptions; [0117]-[0123]; Kim: [0089]-[0091], [0103]-[0107], [0072], “The inertial sensor 333 may be configured to detect the inertia of a movement, thereby measuring the acceleration, speed, direction, or distance of the electronic device 101 during a movement thereof”).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN T REED whose telephone number is (571)272-7234. The examiner can normally be reached M-F: 0800-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN T. REED
Primary Examiner
Art Unit 2627
/Stephen T. Reed/Primary Examiner, Art Unit 2627
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