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 Objections
Claim 2 is objected to because of the following informalities:
Line 10 of claim 2 discloses “an user”. The term should read as “a user”. Appropriate correction is required.
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.
Claim(s) 1 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patil et al (US 10129633 B1).
With respect to claim 1, Patil discloses a method for controlling a headphone mode, applied to a headphone device, comprising:
receiving image data sent by a head-mounted device (fig.1 #10), wherein the head-mounted device is configured to obtain the image data by capturing external environment by an image sensor (fig.1 #32) on the head-mounted device (fig.3 #320; col.4 ln.25-38; col.7 ln.51-67; sensor #32 may be an image sensor such as a camera for capturing an image of an external environment);
analyzing the image data, and detecting whether the external environment meets a first target condition; wherein the first target condition is that a target object (fig.1 #130) exists in the external environment or that the target object in a target state exists in the external environment (fig.3 #330; col.4 ln.39-45; col.8 ln.6-16; the image data of the external environment is analyzed for a target object such as a trigger #130); and
in response to determining that the external environment meets the first target condition, turning on a transparent mode (fig.3 #340; col.1 ln.15-28; col.9 ln.5-16; upon detection of a trigger, the device may enter a second operating mode including a hear-through of ambient sound which is a transparent mode).
With respect to claim 6, Patil discloses a method for controlling a headphone mode, applied to a head-mounted device (fig.1 #10), wherein an image sensor (fig.1 #32) is provided on the head-mounted device, and the method comprises:
capturing external environment by using the image sensor to obtain image data (fig.3 #320; col.4 ln.25-38; col.7 ln.51-67; sensor #32 may be an image sensor such as a camera for capturing an image of an external environment);
analyzing the image data, and detecting whether the external environment meets a target condition; wherein the target condition is that a target object exists in the external environment or that the target object in a target state exists in the external environment (fig.3 #330; col.4 ln.39-45; col.8 ln.6-16; the image data of the external environment is analyzed for a target object such as a trigger #130); and
in response to determining that the external environment meets the target condition, sending a first prompt message to a headphone device, wherein the first prompt message is configured to prompt the headphone device to turn on a transparent mode (fig.3 #340; col.1 ln.15-28; col.9 ln.5-16; upon detection of a trigger, the device may enter a second operating mode including a hear-through of ambient sound which is a transparent mode).
With respect to claim 7, Patil discloses the method according to claim 6, wherein before the capturing the external environment by using the image sensor to obtain the image data, the method further comprises: receiving a second prompt message sent by the headphone device; wherein the second prompt message is sent by the headphone device to the head-mounted device, and is configured to prompt the head-mounted device to execute the capturing the external environment by using the image sensor to obtain the image data (col.4 ln.66-67; col.5 ln.1-6; a second prompt message may generated by another sensor, such as a microphone, and sent to the head mounted device to initiate image capturing by the camera sensor).
With respect to claim 8, Patil discloses a headphone device, comprising: a memory; a processor; and a program for controlling a headphone mode stored in the memory and executable on the processor; wherein the program for controlling the headphone mode is configured to implement the method for controlling the headphone mode according to claim 1 (col.3 ln.64-67; col.4 ln.1-9 “processor” is programmed to perform the method of figure 3).
With respect to claim 9, Patil discloses a head-mounted device, comprising: a memory; a processor; and a program for controlling a headphone mode stored in the memory and executable on the processor; wherein the program for controlling the headphone mode is configured to implement the method for controlling the headphone mode according to claim 6 (col.3 ln.64-67; col.4 ln.1-9 “processor” is programmed to perform the method of figure 3).
With respect to claim 10, Patil discloses a non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium stores a program for controlling a headphone mode, and the program for controlling the headphone mode implements the method for controlling the headphone mode according to claim 1 when executed by a processor (col.3 ln.64-67; col.4 ln.1-9 “processor” is programmed to perform the method of figure 3).
With respect to claim 11, Patil discloses a non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium stores a program for controlling a headphone mode, and the program for controlling the headphone mode implements the method for controlling the headphone mode according to claim 6 when executed by a processor (col.3 ln.64-67; col.4 ln.1-9 “processor” is programmed to perform the method of figure 3).
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 (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 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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al (US 10129633 B1) in view of Nathan et al (US 20230062598 A1).
With respect to claim 2, Patil discloses the method according to claim 1, wherein in response to that the first target condition is that the target object in the target state exists in the external environment, and the target object is a person, the analyzing the image data, and detecting whether the external environment meets the first target condition comprises: analyzing the image data, and detecting whether the target object exists in the external environment; in response to determining that the target object exists in the external environment, detecting whether the target object is in the target state (col.8 ln.6-26 the device may analyze captured images to determine if a target person exists in the environment).
Patil does not disclose expressly wherein the target state comprises an approaching state, a moving state and/or a sound-producing state, and the approaching state is a state in which a distance between the target object and an user is within a preset distance range; and in response to determining that the target object is in the target state, determining that the external environment meets the first target condition.
Nathan discloses a method of controlling a headphones mode, comprising detecting in an image a target object such as a person (fig.26 #2610), and detecting whether the person is in a target state, wherein the target state comprises an approaching state, a moving state and/or a sound-producing state, and the approaching state is a state in which a distance between the target object and an user is within a preset distance range (fig.26 #2616); and in response to determining that the target object is in the target state, determining that the external environment meets a first target condition, and in response to determining that the external environment meets the first target condition turning on a transparent mode (Par.[0227-0232] if a detected target person #2610 is within a threshold distance #2616 to user #100, then an transparent mode may be enabled, which includes processing such as, lowering a volume, or pausing a playback of an audio stream).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to turn on the transparent mode of Patil upon detecting that a person is within a threshold distance to the user, as performed by Nathan. The motivation for doing so would have been to allow the user to hear verbal messages from an approaching person by enabling the transparent mode within a threshold of distances.
With respect to claim 3, Patil discloses the method according to claim 2, however does not disclose expressly wherein the detecting whether the target object is in the sound-producing state comprises: obtaining lip data of the target object obtained by analyzing the image data, wherein the lip data comprises lip contour data and lip opening degree and closing degree data; comparing the lip data with preset reference data; wherein the reference data comprises lip contour data of a person when not in the sound-producing state, and lip opening degree and closing degree data of the person when not in the sound-producing state; and in response to determining that the lip data is inconsistent with the reference data, determining that the target object is in the sound-producing state.
Nathan discloses detecting if a target object is in a sound-producing state comprising obtaining lip data of the target object obtained by analyzing the image data, wherein the lip data comprises lip contour data and lip opening degree and closing degree data; comparing the lip data with preset reference data; wherein the reference data comprises lip contour data of a person when not in the sound-producing state, and lip opening degree and closing degree data of the person when not in the sound-producing state; and in response to determining that the lip data is inconsistent with the reference data, determining that the target object is in the sound-producing state (Par.[0185-0186][0193-0194] sounds from the environment of the user may be conditioned based on tracked lip movements of an object such as a person).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to turn on the transparent mode of Patil upon detecting that a person is moving their lips, as performed by Nathan. The motivation for doing so would have been to allow the user to hear verbal messages from a person within the environment by enabling the transparent mode upon detection of lip movement.
Allowable Subject Matter
Claims 4-5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wexler et al (US 20240205614 A1) discloses a hearing interface device for generating processed audio signals is disclosed. In one implementation, the hearing interface device may include a housing configured to be at least partially inserted into an ear of a user, a microphone, a camera, and a processor included in the housing. The processor may be configured to receive a captured audio signal representative of sounds captured by the microphone; receive an image captured by the camera; generate a processed audio signal based on analysis of at least one of the captured audio signal or the image; and cause at least a portion of the processed audio signal to be presented to the ear of the user (See Abstract).
Wexler et al (US 20160026871 A1) discloses a wearable apparatus and method are provided for executing actions based on triggers identified in an environment of a user. In one implementation, a wearable apparatus for storing information related to objects identified in an environment of a user is provided. The wearable apparatus includes a wearable image sensor configured to capture a plurality of images from the environment of the user and at least one processing device. The processing device may be programmed to process the plurality of images to detect an object entering a receptacle, process at least one of the plurality of images that includes the object to determine at least a type of the object, and based on the type of the object, generate information related to an action to be taken related to the object (See Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695
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