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. 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.
2. 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.
3. Claims 1-3, 8, 12, 13 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lehnart (US 20230224622 A1 hereinafter, Lehnert ‘622) in view of Boesen (US 20210224371 A1 hereinafter, Boesen ‘371).
Regarding claim 1; Lehnert ‘622 discloses a meter system (NOTE: Fig. 1A & Paragraph 0017 of Applicant’s specification discloses wherein the meter system includes earbuds and a charging case. With that said, Lehnart ‘622 discloses wherein Fig. 5A is a side partial cutaway view of a pair of earbuds, charging adapters, and a charging case. Paragraph 0020);
comprising:
a wireless personal listening device (WPLD) configured (i) to be worn by a person (i.e. The earbuds can be considered as operating in one of three different modes. In a first (“normal”) mode, the earbuds are in-ear for playback. Paragraph 0048),
(ii) to wirelessly receive an audio stream defining audio (i.e. The earbud 210a, possibly in a stereo pair with another earbud (e.g., the earbud 210b), may play back audio content. Playing back audio content may involve streaming data representing audio from a remote source using the network interface 212d, Paragraph 0139),
and (iii) to play out audio of the received audio stream in real time to one or both ears of the person (i.e. The earbud 210a, possibly in a stereo pair with another earbud (e.g., the earbud 210b), may play back audio content. Playing back audio content may involve streaming data representing audio from a remote source using the network interface 212d, Paragraph 0139),
a charging device (Fig. 3A, Charging Adapter 340) configured to be coupled with the WPLD when the WPLD is not worn, and configured to deliver energy to the WPLD to charge an energy supply of the WPLD (i.e. Fig. 3C shows the charging adapter 340a attached to the earbud 210a.When attached, the electrodes 219 of the earbud 210a are aligned with the electrodes 319a of the charging adapter 340a allowing current to be drawn from the adapter batteries of the charging adapter 340a. The earbud 210a uses this current to charge the battery or batteries of the power 212i.Paragraph 0115);
and a processor (Fig. 2A, Processor(s) 212a) in the WPLD or charging device (i.e. Fig. 2A shows wherein Processor(s) 212a is in Earbuds 210a.) configured to establish audio signature data representing the audio played out by the WPLD (i.e. The amplifiers 112h are configured to receive and amplify the audio output signals produced by the audio processing components 112g and/or the processors 112a. The transducers 114 (e.g., one or more speakers and/or speaker drivers) receive the amplified audio signals from the amplifier 112h and render or output the amplified audio signals as sound (e.g., audible sound waves having a frequency between about 20 Hertz (Hz) and 20 kilohertz (kHz)). Paragraph 0082-0085),
wherein the meter system is configured to respond to coupling of the WPLD with the charging device (i.e. A controller of the earbud 210a (which may be implemented via the processors 212a, the memory 212b, and the software components 212b) detects attachment of the first charging adapter to the magnetic interface, such as via completion of a circuit including the electrodes 219. Paragraph 0116)
by at least reporting the established audio signature data to an external computing system for use to facilitate measuring media exposure (i.e. The network interface 212d (e.g., suitable interfaces comprising one or more antennae) can be configured to wirelessly communicate with one or more other devices (e.g., one or more of the playback devices 110, NMDs 120, control devices 130 that are communicatively coupled to the network 104 (Fig. 1B) in accordance with a suitable wireless communication protocol (e.g., WiFi, LTE). Further, the network interface 212d can be configured to wirelessly communicate with an earbud 210b to form a pair of earbuds 210. The electronics 212 excludes the network interface 212d altogether and transmits and receives media content and/or other data via another communication path (e.g., the input/output 711). Paragraph 0101-0102).
Examiner reasonably believes that Lehnert ‘622 discloses establishing an audio signature with an earbud as expressed above. However, Examiner cites Boesen ‘371 to cure any deficiencies of Lehnert ‘622.
Boesen ‘371 discloses establishing an audio signature with an earbud (i.e. One embodiment provides a system, method, and one or more wireless earpieces for authenticating utilization of one or more wireless earpieces. The wireless earpiece further includes a number of sensors taking biometric readings of the user. According to another aspect a digital signature is provided that accesses the recordings of the biometric data obtained by the device as well as one or more of the sensors on the device. Paragraphs 0004-0006)
Lehnert ‘622 and Boesen ‘371 are combinable because they are from same field of endeavor of speech systems (Boesen ‘371 at “Field of Disclosure”).
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the speech system as taught by Lehnert ‘622 by adding the limitations as taught by Boesen ‘371. The motivation for doing so would have been advantageous because the growth of wearable wireless devices is increasing exponentially, they are essential for providing maximum mobility, convenience, and a tangle-free, user-friendly experience. They eliminate cable limitations during workouts or daily tasks, offering hands-free calling, advanced noise cancellation and the ability to move freely up to 33 feet from devices. Therefore, it would have been obvious to combine Lehnert ‘622 with Boesen ‘371 to obtain the invention as specified.
Regarding claim 2; Lehnert ‘622 discloses wherein the processor that is configured to establish the audio signature data is in the WPLD (i.e. Fig. 2A shows wherein Processor(s) 212a is in Earbuds 210a.)
wherein the processor is configured to record in data storage of the WPLD the established audio signature data (i.e. The processors 212a execute instructions stored on the memory 212b to perform audio processing operations to produce the output audio signals. Paragraph 0103)
and wherein the meter system is configured to respond to coupling of the WPLD with the charging device (i.e. A controller of the earbud 210a (which may be implemented via the processors 212a, the memory 212b, and the software components 212b) detects attachment of the first charging adapter to the magnetic interface, such as via completion of a circuit including the electrodes 219. Paragraph 0116)
by at least transferring the recorded audio signature data from the WPLD to the charging device and reporting the transferred audio signature data to the external computing system (i.e. The network interface 212d (e.g., suitable interfaces comprising one or more antennae) can be configured to wirelessly communicate with one or more other devices (e.g., one or more of the playback devices 110, NMDs 120, control devices 130 that are communicatively coupled to the network 104 (Fig. 1B) in accordance with a suitable wireless communication protocol (e.g., WiFi, LTE). Further, the network interface 212d can be configured to wirelessly communicate with an earbud 210b to form a pair of earbuds 210. The electronics 212 excludes the network interface 212d altogether and transmits and receives media content and/or other data via another communication path (e.g., the input/output 711). Paragraph 0101-0102)
Regarding claim 3; Lehnert ‘622 discloses wherein the processor that is configured to establish the audio signature data is in the charging device (i.e. Fig. 2A shows wherein Processor(s) 212a is in Earbuds 210a.),
wherein the WPLD is configured to store digital samples of the audio played out by the WPLD (i.e. The processors 212a execute instructions stored on the memory 212b to perform audio processing operations to produce the output audio signals. Paragraph 0103),
and wherein the meter system is configured to respond to coupling of the WPLD with the charging device by at least transferring the stored digital samples from the WPLD to the charging device, establishing the audio signature data based on the transferred digital samples, and reporting the established audio signature data to the external computing system (i.e. The network interface 212d (e.g., suitable interfaces comprising one or more antennae) can be configured to wirelessly communicate with one or more other devices (e.g., one or more of the playback devices 110, NMDs 120, control devices 130 that are communicatively coupled to the network 104 (Fig. 1B) in accordance with a suitable wireless communication protocol (e.g., WiFi, LTE). Further, the network interface 212d can be configured to wirelessly communicate with an earbud 210b to form a pair of earbuds 210. The electronics 212 excludes the network interface 212d altogether and transmits and receives media content and/or other data via another communication path (e.g., the input/output 711). Paragraph 0101-0102).
Regarding claim 8; Lehnert ‘622 discloses wherein establishing the audio signature data comprises generating digital fingerprint data representing the audio stream (i.e. The network interface 212d is configured to transmit and receive data corresponding to media content (e.g., audio content, video content, text, photographs) and other signals (e.g., non-transitory signals) comprising digital packet data including an Internet Protocol (IP)-based source address and/or an IP-based destination address. Paragraph 0100).
Regarding claim 12; Lehnert ‘622 discloses a meter system (NOTE: Fig. 1A & Paragraph 0017 of Applicant’s specification discloses wherein the meter system includes earbuds and a charging case. With that said, Lehnart ‘622 discloses wherein Fig. 5A is a side partial cutaway view of a pair of earbuds, charging adapters, and a charging case. Paragraph 0020);
comprising: a wireless personal listening device (WPLD) configured (i) to be worn by a person (i.e. The earbuds can be considered as operating in one of three different modes. In a first (“normal”) mode, the earbuds are in-ear for playback. Paragraph 0048)
(ii) to wirelessly receive an audio stream defining audio (i.e. The earbud 210a, possibly in a stereo pair with another earbud (e.g., the earbud 210b), may play back audio content. Playing back audio content may involve streaming data representing audio from a remote source using the network interface 212d, Paragraph 0139),
and (iii) to play out audio of the received audio stream in real time to one or both ears of the person (i.e. The earbud 210a, possibly in a stereo pair with another earbud (e.g., the earbud 210b), may play back audio content. Playing back audio content may involve streaming data representing audio from a remote source using the network interface 212d, Paragraph 0139),
a charging device (Fig. 3A, Charging Adapter 340) configured to be coupled with the WPLD when the WPLD is not worn, and configured to deliver energy to the WPLD to charge an energy supply of the WPLD (i.e. Fig. 3C shows the charging adapter 340a attached to the earbud 210a.When attached, the electrodes 219 of the earbud 210a are aligned with the electrodes 319a of the charging adapter 340a allowing current to be drawn from the adapter batteries of the charging adapter 340a. The earbud 210a uses this current to charge the battery or batteries of the power 212i.Paragraph 0115);
and a processor (Fig. 2A, Processor(s) 212a) in the WPLD or charging device (i.e. Fig. 2A shows wherein Processor(s) 212a is in Earbuds 210a.), configured to establish audio signature data representing the audio played out by the WPLD (i.e. The amplifiers 112h are configured to receive and amplify the audio output signals produced by the audio processing components 112g and/or the processors 112a. The transducers 114 (e.g., one or more speakers and/or speaker drivers) receive the amplified audio signals from the amplifier 112h and render or output the amplified audio signals as sound (e.g., audible sound waves having a frequency between about 20 Hertz (Hz) and 20 kilohertz (kHz)). Paragraph 0082-0085),
wherein the meter system is configured to respond to coupling of the WPLD with the charging device (i.e. A controller of the earbud 210a (which may be implemented via the processors 212a, the memory 212b, and the software components 212b) detects attachment of the first charging adapter to the magnetic interface, such as via completion of a circuit including the electrodes 219. Paragraph 0116);
by at least reporting the established audio signature data to an external computing system for use to facilitate measuring media exposure (i.e. The network interface 212d (e.g., suitable interfaces comprising one or more antennae) can be configured to wirelessly communicate with one or more other devices (e.g., one or more of the playback devices 110, NMDs 120, control devices 130 that are communicatively coupled to the network 104 (Fig. 1B) in accordance with a suitable wireless communication protocol (e.g., WiFi, LTE). Further, the network interface 212d can be configured to wirelessly communicate with an earbud 210b to form a pair of earbuds 210. The electronics 212 excludes the network interface 212d altogether and transmits and receives media content and/or other data via another communication path (e.g., the input/output 711). Paragraph 0101-0102).
wherein the received audio stream is a digital audio stream (i.e. The media playback system 100 can stream, download, or otherwise obtain data from a URI or a URL corresponding to the received media content. The network interface 212d can parse the digital packet data such that the electronics 212 properly receives and processes the data destined for the earbud 210a. Paragraphs 0067 & 0100),
and wherein the meter system is configured to transform the digital audio stream including filtering a frequency bandwidth of the digital audio stream (i.e. The audio components 212g are configured to process and/or filter data comprising media content received by the electronics 212 (e.g., via the input/output 211 and/or the network interface 212d) to produce output audio signals. Paragraph 0103)
down-sampling the digital audio stream, and reducing a bit-length of samples of the digital audio stream, wherein establishing the audio signature data is based on the transformed digital audio stream (i.e. The media playback system 100 can stream, download, or otherwise obtain data from a URI or a URL corresponding to the received media content. The network interface 212d can parse the digital packet data such that the electronics 212 properly receives and processes the data destined for the earbud 210a. Paragraphs 0079 & 0100).
Examiner reasonably believes that Lehnert ‘622 discloses establishing an audio signature with an earbud as expressed above. However, Examiner cites Boesen ‘371 to cure any deficiencies of Lehnert ‘622.
Boesen ‘371 discloses establishing an audio signature with an earbud (i.e. One embodiment provides a system, method, and one or more wireless earpieces for authenticating utilization of one or more wireless earpieces. The wireless earpiece further includes a number of sensors taking biometric readings of the user. According to another aspect a digital signature is provided that accesses the recordings of the biometric data obtained by the device as well as one or more of the sensors on the device. Paragraphs 0004-0006)
Lehnert ‘622 and Boesen ‘371 are combinable because they are from same field of endeavor of speech systems (Boesen ‘371 at “Field of Disclosure”).
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the speech system as taught by Lehnert ‘622 by adding the limitations as taught by Boesen ‘371. The motivation for doing so would have been advantageous because the growth of wearable wireless devices is increasing exponentially, they are essential for providing maximum mobility, convenience, and a tangle-free, user-friendly experience. They eliminate cable limitations during workouts or daily tasks, offering hands-free calling, advanced noise cancellation and the ability to move freely up to 33 feet from devices. Therefore, it would have been obvious to combine Lehnert ‘622 with Boesen ‘371 to obtain the invention as specified.
Regarding claim 13; Claim 13 contains substantially the same subject matter as claim 12. Therefore, claim 13 is rejected on the same grounds as claim 12.
Regarding claim 15; Claim 15 contains substantially the same subject matter as claim 8. Therefore, claim 15 is rejected on the same grounds as claim 8.
Allowable Subject Matter
1. Claims 4-7, 9-11, 14 & 16-20 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.
2. Claim 5 depend on indicated objected claim 4. Therefore, by virtue of it’s dependency, Claims 5 is also indicated as objected subject matter.
Examiners Statement of Reasons for Allowance
The cited reference (Lehnert ‘622) teaches wherein examples described herein relate to a charging system for wireless earbuds involving charging adapters that are attachable to the wireless earbuds. In some implementations, the charging adapter is attachable to an external surface of an earbud using a magnetic or mechanical interface that align electrodes of the charging adapter with electrodes on the wireless headset, allowing an internal battery of the earbud to draw current and charge from the charging adapter while the earbud is in-ear. Then, when the internal battery is and recharged using a charging case or wall charger, the charging adapter can be detached from the earbud.
The cited reference (Boesen ‘371) teaches wherein A system, method and one or more wireless earpieces for authenticating utilization of one or more wireless earpieces. A request is received through the one or more wireless earpieces. Biometric readings are performed for a user utilizing sensors of the one or more wireless earpieces. The biometric readings are analyzed to determine whether a biometric profile authorizes the one or more wireless earpieces to fulfill the request. The request is authenticated in response to determining the biometric profile authorizes fulfillment of the request.
The cited references fail to disclose wherein the received audio stream is a digital audio stream having a first sampling rate, wherein the meter system is configured to down-sample the digital audio stream, and wherein establishing the audio signature data comprises establishing the audio signature data based on the down-sampled audio stream; wherein the received audio stream is a digital audio stream having samples of a first bit length, and wherein the meter system is configured to strip one or more least significant bits from the samples to reduce a bit length of the samples to a second bit length, and wherein establishing the audio signature data comprises establishing the audio signature data based on the samples with the second bit length; wherein the received audio stream is a digital audio stream having one or more watermarks associated with the digital audio stream, and wherein establishing the audio signature data comprises extracting the audio signature data from the one or more watermarks associated with digital audio stream; wherein the WPLD includes at least one sensor configured to provide sensor data indicating operational state of the WPLD, and wherein establishing the audio signature data is further based on the operational state indicated by the sensor data; wherein the WPLD includes at least one sensor configured to provide sensor data indicating operational state of the WPLD, and wherein the reporting of the established audio signature data to the external computing system is based on the operational state indicated by the sensor data; wherein the audio signature data comprises timestamps mapping to respective portions of the received audio stream. As a result, and for these reasons, Examiner indicates Claims 4-7, 9-11, 14 & 16-20 as allowable subject matter.
Relevant Prior Art References Not Relied Upon
1. Burwinkle et al. (US 20220286792 A1) - Embodiments herein relate to assistive listening devices and systems for providing audio streams to device wearers within sound fields. In an embodiment an assistive listening device is included having a control circuit, an electroacoustic transducer for generating sound in electrical communication with the control circuit, a power supply circuit in electrical communication with the control circuit, and a communications circuit in electrical communication with the control circuit. The control circuit can be configured to issue a communication to an audio communication device or audio provisioning device including at least one of a language preference, a set of hearing requirements, data regarding a presentation delay, and an authorization status identifier, digital code, digital token, or digital key specific to a wearer of the assistive listening device. Other embodiments are also included herein.
2. Takacs et al. (US 20170116400 A1) - A system and method to control establishing inter-process communications are disclosed. A message from a requesting process that is different from a serving process is received at the serving process via an inter-process communications facility. A current fingerprint of memory associated with the requesting process is determined Whether a previously determined fingerprint is stored for the requesting process is determined where the previously determined fingerprint was determined since initialization of a processor executing the serving process. Based on a determination that the previously determined fingerprint is not stored, the current fingerprint is stored and a communications channel is established between the serving process and the requesting process. Based on a determination that the previously determined fingerprint is stored and that the previously determined fingerprint matches the current fingerprint, the communications channel is established between the serving process and the requesting process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS T. RILEY, ESQ. whose telephone number is (571)270-1581. The examiner can normally be reached 9-5 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hai Phan can be reached at 571-272-6338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MARCUS T. RILEY, ESQ.
Primary Examiner
Art Unit 2654
/MARCUS T RILEY/Primary Examiner, Art Unit 2654