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 11-20 are allowed.
Claim(s) 1,2,9 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kim KR 20230091751.
Kim teaches an acoustic output device, comprising:
a sound generation component (26,24,25,connector to member 27) configured to accommodate a sound generation unit 24 that produces a sound;
a support member 27 configured to dispose the sound generation component near an ear without blocking an earhole (as components separate the member 27 from the earhole);
and a sensor 21 (proximity sensor) including at least one ultrasonic transducer disposed inside the sound generating component, the sensor being configured to transmit a first ultrasonic signal to an outside of the sound generation component through the at least one ultrasonic transducer, the sensor being further configured to detect a second ultrasonic signal through the at least one ultrasonic transducer and determine a wearing state of the acoustic output device based on the detection, wherein the second ultrasonic signal includes the first ultrasonic signal or a reflection signal of the first ultrasonic signal, and when a change of the wearing state of the acoustic output device causes a change in the second ultrasonic signal detected by the sensor, an output state of the acoustic output device changes.
“However, it is not limited thereto, and the proximity sensor may be implemented as an ultrasonic sensor that transmits and receives ultrasonic waves. In the ultrasonic sensor, a transmitter may transmit an ultrasonic signal and a receiver may receive the ultrasonic signal. The electronic device may determine proximity based on the strength of the received ultrasonic signal or a distance calculated according to a time difference between transmission and reception of ultrasonic waves.” (italics added, Kim)
As to claims 1,2,9, either the sound exiting the earpiece 25 is that which is generated within the component, or one of ordinary skill would recognize that the sound from the speaker 24 is different from that exiting the earpiece.
Claim(s) 3,4,5,7,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim ‘751 as applied to claim 2 above, and further in view of He CN 104307725.
Kim teaches that proximity is based upon strength of received ultrasonic signal.
“In the ultrasonic sensor, a transmitter may transmit an ultrasonic signal and a receiver may receive the ultrasonic signal. The electronic device may determine proximity based on the strength of the received ultrasonic signal or a distance calculated according to a time difference between transmission and reception of ultrasonic waves.”
Kim does not refer to sheet.
He teaches (Abstract; Figure 17) measuring distance with focused piezo (sheet) layer that respects directivity.
As to claim 3,4,7, it would have been obvious to employ a sheet vibrating element because He teaches that a piezo sheet effectively provides ultrasonic signals. Also, one of ordinary skill recognizes that ultrasonic includes frequencies above 20 kHz and into the gigahertz regions. As such, either Kim’s frequencies are well above 20 kHz, or one of ordinary skill is well aware that those above 40 kHz are will effectively serve in determination of wearing state.
As to claim 5, one of ordinary skill would recognize that directivity plays a part because the ultrasonic sensor need be directed in the direction away from the earpiece 25 from, and that transmitted signal should not reflect back from element 25 as such would always mistakenly provide a single of the device being worn. As such, one of ordinary skill would recognize that either (1 directivity need be considered, suggestive of employing an angle to assure that more energy be directed perpendicular to the muff so that a reflected signal will have sufficient amplitude to be recognized, or in the alternative, (2) He teaches (Abstract; Figure 17) measuring distance with focused piezo (sheet) layer that respects directivity, suggestive of employing such in Kim.
As to claim 8, dashed lines for sensor 21 indicate that the sensor is withing the boundary of the earpiece 25, while the sound hole is along the longitudinal axis. There is no clear indication where the sensor actually is within the earpiece. As to claim 8, it would have been obvious to employ separate aperture and hole in the earpiece because one of ordinary skill recognizes that such earpieces have a plurality of hole to prevent material from entering the sensitive elements of the earpiece.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zheng et al JP 2023100000 teaches (Figure 7) an ear hook on the other side of the ear from detection parts 163.
Claims 6,10 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.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855
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