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 .
DETAILED ACTION
Introduction
This action responds to the remarks filed on 02-27-2026. Claims 1-10 are pending.
Claim Rejections - 35 USC § 102
3. 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 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.
4. 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.
(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.
5. Claims 1, 6, 7, 9 and 10 are rejected under 35 U.S.C. 102a (1) as being anticipated by Lee et al.(US 2018/0152795).
Consider Claim 1, Lee teaches an earphone wearing detection(see figs. 8A-8C) method, characterized by comprising:
Acquiring(see fig. 1) ear data of a current user collected during a wearing process of an earphone(see figs. 7A-8C); and
Identifying(see fig. 7A) the current user based on the ear data of the current user and pre-stored ear data of an owner of the earphone, to judge whether the current user is the owner(see figs. 7A-18B and abstract):
if the current user(see figs. 8A-8C) is the owner, judging whether a distance between an ear thereof and the earphone is gradually decreasing(see figs. 7A-18B and paragraph[0062]-[0063]):
if the distance(see figs. 8A-8C) is decreasing, controlling the earphone to enter a normal using state; or if the distance is not decreasing, controlling the earphone to enter an off state(see figs. 7A-18B and paragraphs [0123]-[0183]).
Consider Claim 6, Lee teaches the earphone wearing detection method wherein determining whether the distance between the earphone and the ear is decreasing comprises: acquiring a current distance between the earphone and the ear; judging whether the current distance is less than a distance of a previous timing: if the current distance is less than the distance of the previous timing, then judging whether the current distance is less than or equal to a preset distance value: if the current distance is less than or equal to the preset distance value, determining that the distance is decreasing, or if the current distance is greater than the preset distance value, then acquiring a distance of a next timing, and taking the distance of the next timing as the current distance, and returning to judging whether the current distance is less than the distance of the previous timing; or if the current distance is not less than the distance of the previous timing, determining that the distance is not decreasing(see figs. 1-7B and paragraphs [0095]-[0115]).
Consider Claim 7, Lee teaches an earphone wearing detection device(see fig. 1), comprising: an acquiring module, configured to acquire ear data of collected during a wearing process of an earphone(see figs. 4A-7);
a recognizing module,(see fig. 7A) configured to identify the current user based on the ear data of the current user and pre-stored ear data of an owner of the earphone(see figs. 7A-18B and abstract):
to determine(see figs. 8A-8C) whether the user is the owner.-a judging module, -configure to be triggered if the user is the owner judge whether a distance between an ear thereof and the earphone is decreasing a first control module(see figs. 7A-18B and paragraph[0062]-[0063]);
configured(see figs. 8A-8C) to be if the distance is decreasing and to control the earphone to enter a normal using state; and a second control module, configured to be triggered if the distance is not decreasing and to control the earphone to enter an off state(see figs. 7A-18B and paragraphs [0123]-[0183]).
Consider Claims 9 and 10, Lee teaches an earphone wearing detection apparatus, characterized by comprising a collector, a memory, and a processor; wherein: the collector is configured to collect ear data of a current user during a wearing process of an earphone; the memory is configured to store computer programs; and the processor is configured to implement an earphone wearing detection(see figs. 1-2, 7A-18B and paragraphs [0123]-[0183]); and a computer-readable storage medium, characterized by storing computer programs thereon, wherein the computer programs are configured to be executed by a processor to implement an earphone wearing detection(see figs. 1-2, 7A-18B and paragraphs [0123]-[0183]).
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
9. Claims 2-4 and 8 are rejected under 35 U.S.C. 103(a) as being unpatentable over Lee et al.(US 2018/0152795) in view of Shin (US 2020/0021262).
Consider Claim 2, Lee does not explicitly teach the earphone wearing detection method wherein after judging the user is the owner, the method further comprises: analyzing the ear data of the user to determine a target age group corresponding to the user; determining a target maximum volume corresponding to the user based on a pre-stored correspondence between the age group and the maximum volumes; and setting a maximum volume of the earphone based on the target maximum volume.
However, Shin teaches the earphone wearing detection method wherein after judging the user is the owner, the method further comprises: analyzing the ear data of the user to determine a target age group corresponding to the user; determining a target maximum volume corresponding to the user based on a pre-stored correspondence between the age group and the maximum volumes; and setting a maximum volume of the earphone based on the target maximum volume(see figs. 2-6 and paragraphs[0029]- [0081]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the Invention to use the configuration of the invention of Shin into the teaching of Lee to provide a method of controlling a personalized audio frequency equalizer by an audio device for outputting a sound source The method includes: a user's age grasping step of grasping a user's age by inquiring the user's age; a user's hearing ability measurement step of measuring, for each frequency, the minimum audible volume; a personalized equalizer creation step of creating the personalized equalizer using a system test user hearing data (HTUHD) that the user may hear when a volume having a system test frequency is outputted, and an application test user hearing data (STUHD), which is a value of volume that the user may hear, while increasing a volume having an application test frequency; and a sound source output step of outputting a sound source through the personalized equalizer created at the personalized equalizer creation step.
Consider Claims 3 and 4, Lee as modified by Shin teaches the earphone wearing detection method further comprising: inspecting an audio file received to judge whether content of the audio file meets requirements of the target age group: if the content of the audio file does not meet the requirements, controlling the earphone to refrain from playing the audio file, or if the content of the audio file meets the requirements, controlling the earphone to play the audio file(In Shin, see figs. 2-6 and paragraphs[0029]- [0081]); and the earphone wearing detection method further comprising: when it is determined that the content of the audio file does not meet the requirements of the target age group, a voice prompt is provided to indicate that the content is not suitable to be played(In Shin, see figs. 2-6 and paragraphs[0029]- [0081]).
Consider Claim 8, Lee does not explicitly teach the earphone wearing detection device further comprising: an analyzing module, configured to analyze the ear data of the user to determine a target age group corresponding to the user; a determining module, configured to determine a target maximum volume corresponding to the user based on a pre-stored correspondence between the age groups and the maximum volumes; and a setting module, configured to set a maximum volume of the earphone based on the target maximum volume.
However, Shin teaches the earphone wearing detection device further comprising: an analyzing module, configured to analyze the ear data of the user to determine a target age group corresponding to the user; a determining module, configured to determine a target maximum volume corresponding to the user based on a pre-stored correspondence between the age groups and the maximum volumes; and a setting module, configured to set a maximum volume of the earphone based on the target maximum volume (see figs. 2-6 and paragraphs[0029]- [0081]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the Invention to use the configuration of the invention of Shin into the teaching of Lee to provide a method of controlling a personalized audio frequency equalizer by an audio device for outputting a sound source The method includes: a user's age grasping step of grasping a user's age by inquiring the user's age; a user's hearing ability measurement step of measuring, for each frequency, the minimum audible volume; a personalized equalizer creation step of creating the personalized equalizer using a system test user hearing data (HTUHD) that the user may hear when a volume having a system test frequency is outputted, and an application test user hearing data (STUHD), which is a value of volume that the user may hear, while increasing a volume having an application test frequency; and a sound source output step of outputting a sound source through the personalized equalizer created at the personalized equalizer creation step.
10. Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Lee et al.(US 2018/0152795) in view of Hankey et al. (US 2020/0021262).
Consider Claim 5, Lee does not explicitly teach the earphone wearing detection method wherein acquiring data of the user comprises: acquiring ear 3D data of the user collected by a 3D LiDAR provided at an in- ear part of the earphone; then, identifying the user based on the ear data of the user and pre-stored ear data of the owner of the earphone to judge whether the user is the owner comprises: judging whether the ear 3D data is consistent with pre-stored ear 3D data: if they are consistent, determining that the user is the owner; or if they are inconsistent, determining that the user is not the owner.
However, Hankey teaches the earphone wearing detection method wherein acquiring data of the user comprises: acquiring ear 3D data of the user collected by a 3D LiDAR provided at an in- ear part of the earphone; then, identifying the user based on the ear data of the user and pre-stored ear data of the owner of the earphone to judge whether the user is the owner comprises: judging whether the ear 3D data is consistent with pre-stored ear 3D data: if they are consistent, determining that the user is the owner; or if they are inconsistent, determining that the user is not the owner (see figs. 2-19C and paragraphs[0063]- [0124]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the Invention to use the configuration of the invention of Hankey into the teaching of Lee to provide a method for determining a form for a headphone part using a representative model includes receiving data for at least one ear model. The ear model may be oriented within a coordinate system based on the data, where orienting is focused on the alignment with respect to one or more areas of the ear. A representative model is determined from a plurality of oriented ear models, where the representative model is a representation for a volume determined to be common to at least two oriented ear models. The size and/or shape for the headphone part is determined based upon the representative model.
Response to Arguments
11. Applicant's arguments filed on 02-17-2026 have been fully considered but they are not persuasive.
Applicant argued that Lee, Shin, Hankey or a combination does not disclosed that "An earphone wearing detection method, comprising: collecting and pre-storing ear 3D data of an owner of the earphone when the owner uses the earphone for the first time, acquiring ear 3D data of a current user collected during a wearing process of an earphone; identifying the current user based on the ear 3D data of the current user and the pre-stored ear 3D data of the owner of the earphone, to judge whether the current user is the owner: if the current user is the owner, judging whether a distance between an ear thereof and the earphone is gradually decreasing: if the distance is decreasing, controlling the earphone to enter a normal using state; or if the distance is not decreasing, controlling the earphone to enter an off state"(see the remarks page 7, 3th paragraph).
The examiner respectfully responds that the argued “An earphone wearing detection method, comprising: collecting and pre-storing ear 3D data of an owner of the earphone when the owner uses the earphone for the first time, acquiring ear 3D data of a current user collected during a wearing process of an earphone; identifying the current user based on the ear 3D data of the current user and the pre-stored ear 3D data of the owner of the earphone, to judge whether the current user is the owner: if the current user is the owner, judging whether a distance between an ear thereof and the earphone is gradually decreasing: if the distance is decreasing, controlling the earphone to enter a normal using state; or if the distance is not decreasing, controlling the earphone to enter an off state" are not recited in claim 1. As such, the argument is moot.
On the other hand, , Lee disclose an earphone wearing detection(see figs. 8A-8C) method, characterized by comprising:
Acquiring(see fig. 1) ear data of a current user collected during a wearing process of an earphone(see figs. 7A-8C); and
Identifying(see fig. 7A) the current user based on the ear data of the current user and pre-stored ear data of an owner of the earphone, to judge whether the current user is the owner(see figs. 7A-18B and abstract)
if the current user(see figs. 8A-8C) is the owner, judging whether a distance between an ear thereof and the earphone is gradually decreasing(see figs. 7A-18B and paragraph[0062]-[0063]):
if the distance(see figs. 8A-8C) is decreasing, controlling the earphone to enter a normal using state; or if the distance is not decreasing, controlling the earphone to enter an off state(see figs. 7A-18B and paragraphs [0123]-[0183]). It meets the limitation as recited in claim 1.
Independent Claim 7 is similar to Claim 1 and is also rejected. The 103 rejection for dependent claims will be maintained.
Conclusion
12. THIS ACTION IS MADE FINAL. 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.
13. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Howes et al. (US 2013/0343594) is cited to show other EARPHONES WEARING DETECTION METHOD, DEVICE, APPARATUS, AND COMPUTER-READABLE STORAGE MEDIUM.
14. Any response to this action should be mailed to:
Mail Stop ____(explanation, e.g., Amendment or After-final, etc.)
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Facsimile responses should be faxed to:
(571) 273-8300
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Lao,Lun-See whose telephone number is (571) 272-7501 The examiner
can normally be reached on Monday-Friday from 8:00 to 5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Nguyen Duc M, can be reached on (571) 272-7503.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the Technology Center 2600 whose telephone number is (571) 272-2600.
/LUN-SEE LAO/Primary Examiner,
Art Unit 2691 Patent Examiner
US Patent and Trademark Office
Knox
571-272-7501
Date 04-02-2026
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