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 .
Claim Rejections - 35 USC § 103
1. 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.
2.Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISBERG et al. (US 20100322430) in view of RASMUSSEN et al. (WO 2004077090)
Regarding claim 27, ISBERG discloses an audio system for generating a signal indicative of the proximity of a speaker from an ear of a user (Paragraphs: 0008 and 0037: ISBERG discusses how the system detecting the distance between the mobile phone with a speaker and the ear), the audio system comprising: an input for receiving one or more input signals, wherein at least one of the input signals comprises a diagnostic signal (Paragraphs: 0006 and 0014: ISBERG discusses how the control unit is adapted to estimate, based on the estimated transfer characteristic, a degree of sound leakage from the user's ear, based on an electrical input signal supplied to an input port of the speaker and an electrical output signal received from an output port of the at least one sensor); an output for outputting an output signal to the speaker, wherein the output signal is based on the one or more input signals (Paragraphs: 0014, 0042 and 0045: ISBERG discusses how the system (i.e. speaker) generate the signal based on data received over a wireless communication network; and how the transfer characteristic from the input port of the speaker to the output port of the sensor estimated based on the input signal supplied to the input port of the speaker); and an estimator for receiving, from a microphone located facing the speaker (Paragraphs: 0038 and 0056: ISBERG discusses the mobile phone with speaker and microphone), a feedback signal based on the output signal (Paragraphs: 0039-0040),
ISBERG discloses the invention set forth above but does not specifically point out “the estimator generates the signal indicative of the proximity of the speaker from an ear of a user based on the diagnostic signal”
RASMUSSEN discloses the estimator generates the signal indicative of the proximity of the speaker from an ear of a user based on the diagnostic signal (Page.3 lines 30-33 and Page.4 lines 1-28: RASMUSSEN discusses how microphones at an ear of a person, receiving sound signals by the microphones and routing the signals to a signal processing unit wherein the characteristics, which are due to the fact that the microphones are in the acoustical near-field of the speaker's mouth (i.e. the speaker proximity to an ear of a user) and other sources of sound are determined, and based on this characteristic it is assessed whether the sound signals originate from the users’ own voice or originates from another source).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of ISBERG, and modify a system wherein estimator generates the signal indicative of the proximity of the speaker from an ear of a user based on the diagnostic signal, as taught by RASMUSSEN, thus allowing to detects own voice as being active when each of the individual characteristics of the signal are in respective ranges, as discussed by RASMUSSEN.
3.Claim(s) 29, 32-33, 36-39, 42-46, 49-52, and 55-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20100080084) in view of Teri et al. (CN 102318325)
Regarding claim 29, Chen discloses a system for determining a proximity state relating to a proximity of a speaker to an object (Paragraphs: 0031: Chen discusses how the system determine a proximity of the device (such as speakerphone speaker) to an object, such as the near end user's head), the system comprising: an input configured to receive a feedback signal generated by a feedback microphone located between the speaker and the object (Paragraph: 0035: Chen discusses how microphone used to receive signals, such as tuning the audio signal of a speaker through a feedback analysis), wherein the feedback signal is influenced by the proximity of the speaker to the object (Paragraphs: 0035 and 0038: Chen discusses how the microphone used to receive signals for various purposes, such as tuning the audio signal of a speaker through a feedback analysis; and how the device determines that it is positioned far enough away from an object such as the user's head and thus maintains speaker mode based on measurement of proximity);
Chen discloses the invention set forth above but does not specifically point out “proximity estimating circuitry configured to: assess a coupling between the speaker and the feedback microphone using a feedback algorithm, and generate a proximity state reflective of the proximity of the speaker to the object based on the feedback signal and the coupling”
Teri however discloses proximity estimating circuitry configured to: assess a coupling between the speaker and the feedback microphone using a feedback algorithm, and generate a proximity state reflective of the proximity of the speaker to the object based on the feedback signal and the coupling (Paragraphs: 0063, 0086 and 0113: Teri discusses how the mechanism can be applied to acoustic detector (e.g., proximity detector) using a speaker and a microphone signal; and how the system coupling between the speaker with the microphone, thus, as part of a speaker to produce an acoustic output signal of the feedback signal will be transmitted to the microphone from the speaker).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Chen, and modify a system wherein proximity estimating circuitry configured to: assess a coupling between the speaker and the feedback microphone using a feedback algorithm, and generate a proximity state reflective of the proximity of the speaker to the object based on the feedback signal and the coupling, as taught by Teri, thus allowing to control the audio output signal adaptation of the audio device of the current acoustic environmental condition, as discussed by Teri.
Regarding claims 32 and 45, Chen discloses a proximity detector, comprising: an input configured to receive an audio signal generated by a microphone (Paragraphs: 0003-0005 and 0017: Chen discusses the output signal of the microphone (which is located near the handset receiver of the device and how a signal received by the microphone located near the handset receiver; and how audio signals originating from the near end user of the device acquired by a first microphone); and a processor configured to determine a characteristic of the audio signal and determine a proximity of the speaker to an object based on an analysis of the characteristic (Paragraph: 0020: Chen discusses how the speaker is influenced by two main factors: the characteristics of the earpiece receiver speaker and the acoustic environment surrounding it and how the environment surrounding the receiver speaker changes when the user repositions the device close to or away from an object, such as the user's ear).
Chen discloses the invention set forth above but does not specifically point out “microphone configured to sample an output of a speaker”
Teri however discloses microphone configured to sample an output of a speaker (Paragraphs: 0011, 0015-0016 and 0022: Teri discusses how an acoustic input device to give a feedback portion (i.e. sample) of the acoustic output signal, wherein an audio output signal " may refer to transform into the acoustic output signal provided to an acoustic output device (i.e., sound); and how the acoustic coupling between the acoustic output device ( i.e. the speaker) and the acoustic input device (i.e. the microphone) to give a feedback portion of the acoustic output signal, thus, at least a portion of the acoustic output device of the acoustic output signal is fed back to the acoustic input device)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Chen, and modify a system wherein microphone configured to sample an output of a speaker, as taught by Teri, thus allowing to control the audio output signal adaptation of the audio device of the current acoustic environmental condition, as discussed by Teri.
Considering claims 33 and 46, Chen discloses the proximity detector of Claims 32 and 45, wherein the microphone is a feedback microphone (Paragraphs: 0019, 0035 and 0041: Chen discusses how microphone located near the earpiece speaker picks up the acoustic signal emitted from the earpiece speaker and feeds it to the audio signal processor).
Considering claims 36 and 49, Chen discloses the proximity detector of Claims 32 and 45, wherein the characteristic comprises a response of the audio signal at a particular frequency and under a known condition (Paragraphs: 0032, 0037 and 0043).
Considering claims 37 and 50, Chen discloses the proximity detector of Claims 32 and 45, wherein the audio signal comprises a diagnostic audio stream mixed with other audio content (Paragraph: 0020: Chen discusses how the speaker is influenced by two main factors: the characteristics of the earpiece receiver speaker and the acoustic environment surrounding it; and how the environment surrounding the receiver speaker changes when the user repositions the device close to or away from an object, such as the user's ear).
Considering claims 38 and 51, Chen discloses the proximity detector of Claims 32 and 45, wherein the characteristic comprises an energy of the audio signal (Paragraph: 0031 and 0038: Chen discusses how a proximity measurement may be based on a power/energy level or sound pressure level).
Considering claims 39 and 52, Chen discloses the proximity detector of Claims 32 and 52, wherein the characteristic comprises an energy of a portion of the audio signal (Paragraphs: 0031, 0033 and 0038: Chen discusses a power level of the speakerphone acoustic signal picked up by the second microphone).
Considering claims 42 and 55, Chen discloses the proximity detector of Claims 41 and 54, wherein the event is a change in a power associated with the speaker (Paragraphs: 0018, 0038 and 0042: Chen discusses how the speakerphone speaker may project audio signals more loudly than the earpiece speaker, i.e. upon change in a power associated with the speaker).
Considering claims 43 and 56, Teri discloses the proximity detector of Claims 41 and 54, wherein the event is a cessation of a playback signal driving the speaker (Paragraphs: 0012 and 0047: Teri discusses a system controlling audio output signal, i.e. able to cessation of a playback signal).
Considering claims 44 and 57, Teri discloses the proximity detector of Claims 41 and 54, wherein the event is a start of a playback signal driving the speaker (Paragraphs: 0024 and 0071: an audio playback signal via a speaker).
4.Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20100080084) in view of HUANG et al. (US 20150281826)
Regarding claim 30, Chen discloses a system comprising: an input configured to receive a feedback signal generated by a feedback microphone located between the speaker and the ear of the user (Paragraph: 0041: Chen discusses how a two-way conversation in a typical mobile telephone call, by directing a speech signal from the first built-in microphone to an uplink voice signal processor which then feeds the RF circuitry, while at the same time directs a speech signal through the receiver or ear speaker in handset mode), wherein the feedback signal is influenced by a proximity of the speaker to the ear of the user (Paragraphs: 0035 and 0038: Chen discusses how the microphone used to receive signals for various purposes, such as tuning the audio signal of a speaker through a feedback analysis; and how the device determines that it is positioned far enough away from an object such as the user's head and thus maintains speaker mode based on measurement of proximity);
Chen discloses the invention set forth above but does not specifically point out “a system for determining an extent of a gasket between a speaker to an ear of a user; and proximity estimating circuitry configured to: use the feedback signal and frequency sensitivity measurements to detect an extent of a gasket between the speaker and the ear of the user”
HUANG discloses a system for determining an extent of a gasket between a speaker to an ear of a user (Paragraphs: 0028 and 0046-0049: Huang discusses the ear cushion made of soft materials, and the appearance of the ear cushion ring shaped (i.e. a gasket) , wherein the material of the ear cushion is not limited hereto; and how the detecting module determines whether the infrared earphone is worn on the user, i.e. detecting a speaker to an ear of a user); and proximity estimating circuitry configured to: use the feedback signal and frequency sensitivity measurements to detect an extent of a gasket between the speaker and the ear of the user (Paragraphs: 0050, 0053 and 0060-0061: HUANG discusses how the sensor receives infrared wave reflected by the ear portion of the user; and how the reflection distance between the infrared detecting module and the cochlea of an ear portion, when the infrared earphone is worn on the ear portion of the user)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Chen, and modify a system wherein a system for determining an extent of a gasket between a speaker to an ear of a user; and proximity estimating circuitry configured to: use the feedback signal and frequency sensitivity measurements to detect an extent of a gasket between the speaker and the ear of the user, as taught by HUANG, thus, the volume of the infrared earphone is adjusted according to user requirements, as discussed by HUANG.
Regarding claim 31, Chen discloses a system comprising: an audio path configured to deliver an audio signal to the speaker (Paragraph: 0041); an input configured to receive a feedback signal generated by a feedback microphone located between the speaker and the ear of the user (Paragraphs: 0041: Chen discusses how a two-way conversation in a typical mobile telephone call, by directing a speech signal from the first built-in microphone to an uplink voice signal processor which then feeds the RF circuitry, while at the same time directs a speech signal through the receiver or ear speaker in handset mode), wherein the feedback signal is influenced by a proximity of the speaker to the ear of the user (Paragraphs: 0035 and 0038: Chen discusses how the microphone used to receive signals for various purposes, such as tuning the audio signal of a speaker through a feedback analysis; and how the device determines that it is positioned far enough away from an object such as the user's head and thus maintains speaker mode based on measurement of proximity); and proximity estimating circuitry configured to determine a proximity state based on the feedback signal (Paragraphs: 0031, 0035 and 0038: Chen discusses how the proximity threshold value used to determines that the device positioned near an object such as the user's head and how the system tuning the audio signal of a speaker through a feedback analysis),
Chen discloses the invention set forth above but does not specifically point out “a system for determining an extent of a gasket between a speaker to an ear of a user; wherein: the system is configured to clamp the audio signal or restore the audio signal based on whether the proximity state indicates establishment or loss of a gasket between the speaker and the ear of the user”
HUANG discloses a system for determining an extent of a gasket between a speaker to an ear of a user (Paragraphs: 0028 and 0046-0049: Huang discusses the ear cushion made of soft materials, and the appearance of the ear cushion ring shaped (i.e. a gasket) , wherein the material of the ear cushion is not limited hereto; and how the detecting module determines whether the infrared earphone is worn on the user, i.e. detecting a speaker to an ear of a user); wherein: the system is configured to clamp the audio signal or restore the audio signal based on whether the proximity state indicates establishment or loss of a gasket between the speaker and the ear of the user (Paragraphs: 0050, 0053 and 0060-0061: HUANG discusses how the sensor receives infrared wave reflected by the ear portion of the user; and how the volume of the music or the sound output by the speaker can also be adjusted according to the distance between the infrared detecting module and the cochlea of an ear portion).
5 .Claim(s) 40-41 and 53-54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20100080084) in view of Teri et al. (CN 102318325) and further in view of ISBERG et al. (US 20100322430).
Considering claims 40 and 53, Chen in view of Teri fail to discloses claims 40 and 53. ISBERG however discloses the proximity detector of Claims 40 and 53, further comprising a filter configured to filter a portion of the audio signal prior to processing of the audio signal by the processor to determine the characteristic (Paragraphs: 0015 and 0042-0043).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Chen and Teri, and modify a system wherein a filter configured to filter a portion of the audio signal prior to processing of the audio signal by the processor to determine the characteristic, as taught by ISBERG, thus, improves the performance of the active noise cancellation process by adjusting how the noise is filtered based on the estimated degree of sound leakage, as discussed by ISBERG.
Considering claims 41 and 54, ISBERG further discloses the proximity detector of Claims 32 and 45, wherein the processor is further configured to generate an output signal for causing an event based on determining the characteristic of the audio signal (Paragraphs: 0042-0043 and 0046: ISBERG discusses how an adjustable filter continually monitor and compensate for a varying degree of leakage based on the estimated degree of sound leakage).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/ Primary Examiner, Art Unit 2691