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 § 102
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.
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, 10, 15 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurihara (US Pub. 20230320903).
Regarding claim 1, Kurihara discloses an electronic device (see figs. 1 and 2; paragraph 30) comprising:
communication circuitry (see figs. 1 and 2; paragraphs 30 and 36);
memory storing one or more computer programs (see figs. 1 and 2; paragraphs 30 and 36); and
one or more processors communicatively coupled to the communication circuitry and the memory (see figs. 1 and 2; paragraphs 30 and 36),
wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to:
communicate with a wireless audio device outside the electronic device through the communication circuitry (figs. 1 and 2, items 20, 30 and 32; paragraphs 44-46),
identify an activation or a deactivation of a noise canceling function of the wireless audio device based on an audio reproduction request (see paragraphs 70-71; during the reproduction of the fourth sound signal (music content)… When the user performs an operation of instructing UI 31 in mobile terminal 30 to set the noise canceling mode, CPU 33 transmits a setting command for setting the noise canceling mode in ear-worn device 20; note the limitation “based on” has been interpreted reasonably broadly to read on the prior art reference),
in case that the activation of the noise canceling function is identified, transmit a control signal for the activation of the noise canceling function and the audio data to the wireless audio device (see paragraphs 70-71; during the reproduction of the fourth sound signal (music content)… When the user performs an operation of instructing UI 31 in mobile terminal 30 to set the noise canceling mode, CPU 33 transmits a setting command for setting the noise canceling mode in ear-worn device 20), and
in case that the deactivation of the noise canceling function is identified, transmit a control signal for the deactivation of the noise canceling function and the audio data to the wireless audio device (see fig. 8; Normal mode).
Regarding claim 10, Kurihara discloses a wireless audio device (see figs. 1 and 2; paragraph 30) comprising:
communication circuitry (see figs. 1 and 2; paragraphs 30 and 36);
audio circuitry (see figs. 1 and 2; paragraphs 30 and 36);
noise canceling circuitry (see figs. 1 and 2; paragraphs 30 and 36);
memory storing one or more computer programs (see figs. 1 and 2; paragraphs 30 and 36); and
one or more processors communicatively coupled to the communication circuitry, the audio circuitry, the noise canceling circuitry, and the memory (see figs. 1 and 2; paragraphs 30 and 36),
wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause wireless audio device to:
perform communication with an electronic device outside the wireless audio device through the communication circuitry (figs. 1 and 2, items 20, 30 and 32; paragraphs 44-46),
receive audio data from the electronic device (figs. 1 and 2, items 20, 30 and 32; paragraphs 44-46),
receive a control signal from the electronic device (figs. 1 and 2, items 20, 30 and 32; paragraphs 44-46),
in case that the control signal is a first control signal for an activation of a noise canceling function, control the noise canceling circuitry to activate the noise canceling function when the audio data is played (see paragraphs 70-71; during the reproduction of the fourth sound signal (music content)… When the user performs an operation of instructing UI 31 in mobile terminal 30 to set the noise canceling mode, CPU 33 transmits a setting command for setting the noise canceling mode in ear-worn device 20), and
in case that the control signal is a second control signal for a deactivation of the noise canceling function, control the noise canceling circuitry to deactivate the noise canceling function (see fig. 8; Normal mode), and
wherein the first control signal for the activation of the noise canceling function is received based on an audio reproduction request (see paragraphs 70-71; during the reproduction of the fourth sound signal (music content)… When the user performs an operation of instructing UI 31 in mobile terminal 30 to set the noise canceling mode, CPU 33 transmits a setting command for setting the noise canceling mode in ear-worn device 20; note the limitation “based on” has been interpreted reasonably broadly to read on the prior art reference).
Regarding claims 15 and 19, the claimed limitations are a method performed by an electronic device of controlling a noise cancelling function of a wireless audio device and one or more non-transitory computer-readable storage media storing one or more computer programs including computer-executable instructions directly corresponding the electronic device of claim 1. Therefore, claims 15 and 19 are rejected for the significantly the similar reasons as claim 1.
Allowable Subject Matter
Independent claim 11 is allowed along with dependent claims 12-14, based at least on their dependency on the allowed independent claim and the following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 11, the closest prior art of record, Kurihara et al. (US Pub. 20240078079) discloses an electronic device comprising: communication circuitry; memory storing one or more computer programs; and one or more processors communicatively coupled to the communication circuitry and the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: transmit first control signal for an activation of a noise canceling function to a wireless audio device connected to the electronic device by using the communication circuitry, or transmit a second control signal for a deactivation of the noise canceling function or an ambient sound listening function to the wireless audio device connected to the electronic device by using the communication circuitry.
However, Kurihara fails to teach the combination of an electronic device comprising: communication circuitry; memory storing one or more computer programs; and one or more processors communicatively coupled to the communication circuitry and the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: activate a virtual reality (VR) function based on a request for performing the VR function, while performing an augmented reality (AR) function, or activate the AR function based on a request for performing the AR function, while performing the VR function, and in case that the VR function is activated, transmit first control signal for an activation of a noise canceling function to a wireless audio device connected to the electronic device by using the communication circuitry, or in case that the AR function is activated, transmit a second control signal for a deactivation of the noise canceling function or an ambient sound listening function to the wireless audio device connected to the electronic device by using the communication circuitry.
Claims 2-9, 16-18 and 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.
Response to Arguments
Applicant's arguments with respect to claims 1, 10, 15, and 19 have been considered but are moot in view of the new ground(s) of rejection.
Applicant is reminded that the specifications are not the measure of invention. Therefore, limitations contained therein cannot be read into the claims for the purpose of avoiding the prior art. In re Sporck, 55 CCPA 743, 386 F.2d 924, 155 USPQ 687 (1968). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner would like to suggest amending claims 1, 10, 15, and 19 by including “in which noise cancelling activation and audio reproduction are configured to interoperate” (i.e. activation or the deactivation of the noise canceling function is identified without receiving, from a user, a separate input specifically designating activation or deactivation of the noise canceling function) as seen in the applicant’s specification (paragraph 177), in order to prevent reasonably broad interpretation of the limitation “based on” and in order to overcome the prior art rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art, Meade et al. (US Pat. 11523244) teaches activating active noise canceling function based on VR session mode.
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 PAUL KIM whose telephone number is (571)270-7697. The examiner can normally be reached 9 AM - 5 PM, PST.
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/PAUL KIM/Primary Examiner, Art Unit 2695
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