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
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 1-3, 7, 8, 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Macours (US20110051947).
As to Claim 1, Macours teaches an information processing apparatus (electronic circuit 100, abstract, Figures 1-3) comprising a determination unit (blood pulse order detection unit 110, [0027]) that determines, on a basis of a time difference( delay comparison unit 120) in pulse waves measured in each of a plurality of units that constitutes a device worn by a user, whether each of the units is worn on a left side or right side of a body of the user, [0029]-[0030] teaches delay comparison unit 120, which may be integrated in the detection unit 110, is arranged to determine the sign of the delay between the occurrence of a systolic maximum 200 in data signal 20L and the corresponding systolic maximum 200 in data signal 20R and compare this sign with the correct sign corresponding to the systolic maximum 200 in the data signal 20.sub.L appearing before the systolic maximum 200 in data signal 20.sub.R. In case the correct occurrence order of the systolic maxima 200 has been observed, the electronic circuit 100 will not have to take any further action. However, upon detection of the incorrect order, the delay comparison unit 120 may generate an error signal 122 and provide the signal adaptation unit 130 with this error signal. [0030] The signal adaptation unit 130 may generate a warning signal for the wearer of the headset to let the wearer know that the left/right order of the ear pieces has been violated. This may for instance be achieved by generating a visible signal, e.g. a flashing LED or a message on a display of an electronic device connected to which the headset is connected.
As to Claim 2, Marcours teaches the limitations of Claim 1, and wherein the determination unit determines that the unit for measuring a pulse wave( a delay comparison unit 120 integrated in the detection unit 110, [0029] having an early peak timing is worn on the left side of the body of the user, and determines that the unit for measuring a pulse wave having a late peak timing is worn on the right side of the body of the user, [0026] and Figure 2 teaches the systolic maximum 200 in the blood pressure for the same heartbeat appears in the left ear before it appears in the right ear. This is because the path length of the blood to reach the right ear through the carotid artery is longer than the path length of the blood to reach the left ear through this artery. This phenomenon may be exploited by measuring the order in which these respective systolic maxima are recorded. The blood pressure pulse detector 20 in the left ear should detect the occurrence of the systolic maximum 200 before the blood pressure detector 20 in the right ear. If the opposite order is detected, i.e. the blood pressure detector 20 intended for the right ear is first to detect the systolic maximum 200, the electronic circuit 100 has detected a violation of the intended left/right order, i.e. the wearer is wearing the headphones the wrong way around.
As to Claim 3, Marcours teaches the limitations of Claim 1 and a time difference detection unit that detects a time difference between pulse waves measured in each of a plurality of the units, [0029] teaches a delay comparison unit 120, which may be integrated in the detection unit 110, is arranged to determine the sign of the delay between the occurrence of a systolic maximum 200 in data signal 20L and the corresponding systolic maximum 200 in data signal 20R and compare this sign with the correct sign corresponding to the systolic maximum 200 in the data signal 20.sub.L appearing before the systolic maximum 200 in data signal 20.sub.R
As to Claim 7, Marcours teaches the limitations of Claim 1 and further comprising a presentation unit that presents to the user a result of determination by the determination unit, [0030] teaches the signal adaptation unit 130 may generate a warning signal for the wearer of the headset to let the wearer know that the left/right order of the ear pieces has been violated. This may for instance be achieved by generating a visible signal, e.g. a flashing LED or a message on a display of an electronic device connected to which the headset is connected.
As to Claim 8, Marcours teaches the limitations of Claim 1 and further comprising an audio data transmission unit ( electronic device such as media player, [0033]) that transmits audio data to each of a plurality of the units on a basis of a result of determination by the determination unit, [0033] teaches he electronic circuit 100 may be integrated in an electronic device such as a media player, as long as the electronic device is configured to receive the data from the blood pressure pulse recorders 20.
As to Claim 17, Marcours teaches the limitations of Claim 1 and the information processing apparatus includes a device mounted on the units, Macours teaches on [0024] The earpieces 12 of a headset (not shown) each have a loudspeaker 30 and a blood pressure pulse detector 20
As to Claim 18, Marcours teaches an information processing method( a method of detecting the placement of an earpiece of a headset in the intended ear of the wearer of the headset,[0014] comprising determining,( blood pulse order detection unit 110, [0027]) by an information processing apparatus, (electronic circuit 100, abstract, Figures 1-3) on a basis of a time difference (delay comparison unit 120) in pulse waves measured in each of a plurality of units that constitutes a device worn by a user, whether each of the units is worn on a left side or right side of a body of the user, [0029]-[0030] teaches delay comparison unit 120, which may be integrated in the detection unit 110, is arranged to determine the sign of the delay between the occurrence of a systolic maximum 200 in data signal 20L and the corresponding systolic maximum 200 in data signal 20R and compare this sign with the correct sign corresponding to the systolic maximum 200 in the data signal 20.sub.L appearing before the systolic maximum 200 in data signal 20.sub.R. In case the correct occurrence order of the systolic maxima 200 has been observed, the electronic circuit 100 will not have to take any further action. However, upon detection of the incorrect order, the delay comparison unit 120 may generate an error signal 122 and provide the signal adaptation unit 130 with this error signal. [0030] The signal adaptation unit 130 may generate a warning signal for the wearer of the headset to let the wearer know that the left/right order of the ear pieces has been violated. This may for instance be achieved by generating a visible signal, e.g. a flashing LED or a message on a display of an electronic device connected to which the headset is connected.
As to Claim 19, Marcours teaches a program for causing a computer to execute processing (processing unit 100, Figure 1) of determining, ( processing signals (20.sub.L, 20.sub.R) originating from respective signal recorders (20) integrated in respective earpieces of a headset and a detection unit (110, 120) for detecting the order in the signal and the further signal are recorded by said respective signal recorders and for comparing the detected order with a correct order, abstract) on a basis of a time difference( delay comparison unit 120) in pulse waves measured in each of a plurality of units that constitutes a device worn by a user, whether each of the units is worn on a left side or right side of a body of the user, [0029]-[0030] teaches delay comparison unit 120, which may be integrated in the detection unit 110, is arranged to determine the sign of the delay between the occurrence of a systolic maximum 200 in data signal 20L and the corresponding systolic maximum 200 in data signal 20R and compare this sign with the correct sign corresponding to the systolic maximum 200 in the data signal 20.sub.L appearing before the systolic maximum 200 in data signal 20.sub.R. In case the correct occurrence order of the systolic maxima 200 has been observed, the electronic circuit 100 will not have to take any further action. However, upon detection of the incorrect order, the delay comparison unit 120 may generate an error signal 122 and provide the signal adaptation unit 130 with this error signal. [0030] The signal adaptation unit 130 may generate a warning signal for the wearer of the headset to let the wearer know that the left/right order of the ear pieces has been violated. This may for instance be achieved by generating a visible signal, e.g. a flashing LED or a message on a display of an electronic device connected to which the headset is connected.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Macours (US20110051947) in view of Lekkala Jukka et al. (WO2010079257A1), hereinafter “Jukka”.
As to Claim 9, Marcours teaches the limitations of Claim 1 but does not explicitly teach a drive control unit that controls drive of a plurality of the units. However, Jukka in related field (Earpieces for measuring biological information) teaches an apparatus comprises two earpieces configured to be inserted in both ear canals or in close proximity to both ear canals, at least one processing unit configured to process the biological signal data and at least one output unit configured to provide information based on the biological signal data. Earpieces as a measuring device comprises at least two sensors for measuring biological signal patterns from both ears of a user, a first sensor being integrated into a first earpiece, and a second sensor being integrated into a second earpiece. Said at least one measurement device, said at least one processing unit and said at least one output unit are configured to communicate the biological signal data with each other. See at least page 2, [0005]. Further, in addition to the measuring device, a measuring apparatus according to the embodiments usually comprises a processing unit, an output unit and transmission means like transmitters, receivers or transceivers. The processing unit can be used to process, analyze or calculate the measured biological signal patterns, wherein the processing of measured signal patterns additionally includes execution of amplification and appropriate biopotential filtering schemes in order to distinguish the various bioelectrical and/or other values measured by the sensors. The processing of measured bioelectrical signal patterns includes converting the detected potentials from analog to digital signals for processing. See at least page 4, [0006]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include a control unit such as a mobile phone or other electronic device in communication with the plurality of ear phone or ear devices to process and calculate the measured pulse waves and execute appropriate biopotential filtering schemes in order to distinguish various bioelectrical and other values measured by the ear sensors.
As to Claim 16, Marcours teaches the limitations of Claim 1 but does not explicitly teach further comprising a communication unit that communicates with the units and receives sensor data of the pulse waves measured in each of a plurality of the units. However, Jukka in related field (Earpieces for measuring biological information) teaches an apparatus comprises two earpieces configured to be inserted in both ear canals or in close proximity to both ear canals, at least one processing unit configured to process the biological signal data and at least one output unit configured to provide information based on the biological signal data. Earpieces as a measuring device comprises at least two sensors for measuring biological signal patterns from both ears of a user, a first sensor being integrated into a first earpiece, and a second sensor being integrated into a second earpiece. Said at least one measurement device, said at least one processing unit and said at least one output unit are configured to communicate the biological signal data with each other. See at least page 2, [0005]. Further, In addition to the measuring device, a measuring apparatus according to the embodiments usually comprises a processing unit, an output unit and transmission means like transmitters, receivers or transceivers. The processing unit can be used to process, analyze or calculate the measured biological signal patterns, wherein the processing of measured signal patterns additionally includes execution of amplification and appropriate biopotential filtering schemes in order to distinguish the various bioelectrical and/or other values measured by the sensors. The processing of measured bioelectrical signal patterns includes converting the detected potentials from analog to digital signals for processing. See at least page 4, [0006]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include a communication unit that communicates with the units and receives sensor data of the pulse waves measured in each of a plurality of the units such as ear phones or headphones to process and calculate the measured pulse waves and execute appropriate biopotential filtering schemes in order to distinguish various bioelectrical and other values measured by the ear sensors included with the earphones. Marcours in view of Jukka further teaches wherein the determination unit determines, on a basis of the sensor data transmitted from each of the units, whether each of the units is worn on the left side
or right side of the body of the user, Marcours teaches on [0029]-[0030] teaches delay comparison unit 120, which may be integrated in the detection unit 110, is arranged to determine the sign of the delay between the occurrence of a systolic maximum 200 in data signal 20L and the corresponding systolic maximum 200 in data signal 20R and compare this sign with the correct sign corresponding to the systolic maximum 200 in the data signal 20.sub.L appearing before the systolic maximum 200 in data signal 20.sub.R. In case the correct occurrence order of the systolic maxima 200 has been observed, the electronic circuit 100 will not have to take any further action. However, upon detection of the incorrect order, the delay comparison unit 120 may generate an error signal 122 and provide the signal adaptation unit 130 with this error signal. [0030] The signal adaptation unit 130 may generate a warning signal for the wearer of the headset to let the wearer know that the left/right order of the ear pieces has been violated. This may for instance be achieved by generating a visible signal, e.g. a flashing LED or a message on a display of an electronic device connected to which the headset is connected.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Macours (US20110051947) in view of Sato S (JP3230859U), hereinafter Sato.
As to Claim 15, Marcours teaches the limitations of Claim 1 but does not explicitly teach wherein a housing of the unit worn on the left side of the body of the user and a housing of the unit worn on the right side of the body of the user have a bilaterally symmetrical shape or a shape approximate to a bilaterally symmetrical shape, Marcours teaches on [0024] the earpieces 12 of a headset (not shown) each have a loudspeaker 30 and a blood pressure pulse detector 20, and each earpiece 12 preferably is placed in (but may also be placed over) the cavity of an ear 10 of a wearer of the headset (the right ear is shown in FIG. 1). The earpiece 12 typically comprises some sealing or cushioning 14 to comfortably fit the earpiece in or on the ear 10. An electronic circuit 100 is adapted to receive the recorded data from both blood pressure pulse detectors 20 and to provide the loudspeakers 30 (when present) with an audio signal. Marcours does not explicitly teach the housing of the earpieces 12 have a bilaterally symmetrical shape or a shape approximate to a bilaterally symmetrical shape. However, headphones or earphones or earpieces or hearing devices having a bilateral symmetrical housing is well-known in the art. (See at least Sato abstract and Figures 1-3). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to use a bilaterial symmetrical earpieces to discriminate between left and right earpiece.
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.
Claim 19 is 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 recited in 35 U.S.C. 101 (process, machine, manufacture, or composition of matter), e.g., the claim is directed to a “program” which does not fall in the above four categories of the patentable subject matter and therefore must be stored in a non-transitory computer readable media. Appropriate correction must be applied.
Allowable Subject Matter
Claims 4-6, 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691