DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-3 are pending.
Information Disclosure Statement
The information disclosure statement filed 01/17/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because it fails to satisfy the requirements of 37 CFR 1.98(b)(5). It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
The information disclosure statement filed 09/12/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because it fails to satisfy the requirements of 37 CFR 1.98(b)(5). It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
The information disclosure statement filed 09/12/2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunton et al. [US 20100105445] in view of Osterhout et al. [US 20150309316].
As to claim 1. Brunton discloses A wearable electronic apparatus for a user, the wearable electronic apparatus comprising:
a first wireless communication component, [fig. 2, 0034] wireless transceiver 204, configured to wirelessly communicate with a plurality of electronic devices, [fig. 1, 0040] receive communication from one or more appliances, each electronic device associated with a corresponding apparatus of a dwelling of the user, [fig. 1, 0010], wherein the first wireless communication component is configured to receive a message from a first electronic device associated with a corresponding first apparatus of the dwelling of the user, [0040] receive alert from an appliance;
an output device configured to present the message, [fig. 2, 0034] speaker 209;
a camera;
a microphone, [fig. 2, 0034] microphone 212, configured to receive a voice input from the user, [0039], the voice input being at least in view of the message being presented, [0041], with the voice input regarding the corresponding first apparatus at least for changing an operational status of the corresponding first apparatus, [0041] user provides a voice command to change the operational status of the appliance in response to receiving the appliance alert;
a memory, [fig. 2, 0030] memory 206, storing at least voice-recognition software code configured to analyze the voice input, [0030] the memory 206 stores programs or code that dictate the functionality of the earpiece 200; [0039] wherein the earpiece receives user input as a voice command and perform an action, which requires a voice-recognition software; and
a controller, [fig. 2, 0030] processor 202, configured to execute computer program code, [0030], the computer program code including at least:
computer program code for analyzing the voice input received from the user, [0034, 0039] voice command interpreted and identified as a command to perform an action;
computer program code for determining an apparatus-control output based on the analyzed voice input, [0034] voice command interpreted and identified as a command to control an appliance;
computer program code for transmitting the apparatus-control output via the first wireless communication component to the first electronic device associated with the corresponding first apparatus, [0034, 0039] the voice command is communicated to the appliance, with the apparatus-control output requesting to change the operational status of the corresponding first apparatus, [0034, 0039] answer calls, turn on/off oven.
Brunton fails to disclose wherein the voice input including more than one word; wherein the computer program code further includes; computer program code for capturing, via the camera, [claim 14], video data pertaining a local environment associated with the user; computer program code for evaluating an environmental condition of the local environment from the video data; and computer program code for assisting the user regarding the environmental condition based on at least the evaluating of the environmental condition of the local environment.
Osterhout teaches AR glasses with a camera 2130, and a microphone 2132, [fig. 21, 0295]; wherein the glass captures user’s voice command in the form of a phrase, [0372]; and wherein the camera captures a video of the user’s environment using the camera to capture the user’s view, [fig. 6, 0310], e.g. points of interest, [0310, 0506], and provide information about the object recognized from the field of view, [fig. 15C, 0310, 0444, 0506], and provide help for the user based on visual cues from the environment, [fig. 38, 0477], including providing translations of signs, [fig. 38A, 0478].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Brunton with that of Osterhout so that the wearable device can be used to help user navigate an unfamiliar environment.
As to claim 2. Brunton fails to disclose A wearable electronic apparatus as recited in claim 1, wherein the computer program code for evaluating a physical condition of the user from the audio data uses at least machine learning.
Osterhout teaches AR glasses with a camera 2130, and a microphone 2132, [fig. 21, 0295]; wherein the glass captures user’s voice command in the form of a phrase, [0372]; and wherein the glass learns from user’s commands by storing user’s commands, [0561], using machine-learning, [0804]; wherein user’s command includes voice commands, [0372].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Brunton with that of Osterhout so that the device can provide recommendations based on the learned user behavior.
As to claim 3. Brunton discloses A wearable electronic apparatus for a user, the wearable electronic apparatus comprising:
a first wireless communication component, [fig. 2, 0034] wireless transceiver 204, configured to wirelessly communicate with a plurality of electronic devices, [fig. 1, 0040] receive communication from one or more appliances, each electronic device associated with a corresponding apparatus of a dwelling of the user, [fig. 1, 0010], wherein the first wireless communication component is configured to receive a message from a first electronic device associated with a corresponding first apparatus of the dwelling of the user, [0040] receive alert from an appliance;
an output device configured to present the message, [fig. 2, 0034] speaker 209;
a camera;
a microphone, [fig. 2, 0034] microphone 212, configured to receive a voice input from the user, [0039], the voice input being at least in view of the message being presented, [0041], with the voice input regarding the corresponding first apparatus at least for changing an operational status of the corresponding first apparatus, [0041] user provides a voice command to change the operational status of the appliance in response to receiving the appliance alert;
a memory, [fig. 2, 0030] memory 206, storing at least voice-recognition software code configured to analyze the voice input, [0030] the memory 206 stores programs or code that dictate the functionality of the earpiece 200; [0039] wherein the earpiece receives user input as a voice command and perform an action, which requires a voice-recognition software; and
a controller, [fig. 2, 0030] processor 202, configured to execute computer program code, [0030], the computer program code including at least:
computer program code for analyzing the voice input received from the user, [0034, 0039] voice command interpreted and identified as a command to perform an action;
computer program code for determining an apparatus-control output based on the analyzed voice input, [0034] voice command interpreted and identified as a command to control an appliance;
computer program code for transmitting the apparatus-control output via the first wireless communication component to the first electronic device associated with the corresponding first apparatus, [0034, 0039] the voice command is communicated to the appliance, with the apparatus-control output requesting to change the operational status of the corresponding first apparatus, [0034, 0039] answer calls, turn on/off oven.
Brunton fails to disclose wherein the voice input including more than one word; wherein the computer program code further includes; computer program code for capturing, via the camera, [claim 14], video data pertaining to the first apparatus; computer program code for evaluating a condition of the first apparatus from the video data; and computer program code for assisting the user regarding the condition of the first apparatus based on the evaluating of the condition of the first apparatus from at least the video.
Osterhout teaches AR glasses with a camera 2130, and a microphone 2132, [fig. 21, 0295]; wherein the glass captures user’s voice command in the form of a phrase, [0372]; and wherein the camera captures a video of the user’s environment using the camera to capture the user’s view, [fig. 6, 0310], e.g. e.g. points of interest, [0310, 0506], and provide information about the object recognized from the field of view, [fig. 15C, 0310, 0444, 0506], including an overlay of instructions of a task to perform, [0899], including repair instructions for an apparatus, [0479, 0899].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Brunton with that of Osterhout so that the wearable device can be used to train technicians.
Response to Arguments
Applicant's arguments filed 06/30/2026 have been fully considered but they are not persuasive.
Argument 1: The IDS filed 09/12/2025, filed with a written assertion re IDS fee size noting no fee due.
Response 1: The Examiner is unable to find the fee assertion on the IDS filed on 09/12/2025
Applicant’s arguments with respect to claim(s) 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benyam Haile/Primary Examiner, Art Unit 2688
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