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 .
Status of Claims
Claims 1, 8 and 15-17 are rejected
Claims 2-7, 9-14 are objected to
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, 8 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldstein et al (US PUB 20080240458, hereinafter Goldstein).
Regarding Claim 1, Goldstein discloses a headset control method (e.g. using an earpiece device 100), (see at least the abstract and figure 1), comprising: collecting environment information (e.g. ASM 110 collects ambient sound information), (see [0025] and figure 1), (see figure 3 step 302), and determining key sound detection sensitivity based on the environment information (e.g. a processor 206 determines key sound detection sensitivity based on noise frequency bands within the ambient sound); the key sound detection sensitivity indicating sensitivity of detecting a predetermined sound (e.g. a target sound such as an approaching ambulance or other alarm); performing detection of the predetermined sound in the environment information based on the key sound detection sensitivity (e.g. processor 206 detects the presence of target sound in the ambient environment), (see figure 3), and upon detecting the predetermined sound in the environment information, adjusting a headset to a hear through mode in which the headset lets one or more ambient sounds in, or playing the predetermined sound (e.g. the processor 206 adjust the headset to Signature Sound Pass Through Mode (SSPTM) when a target sound is detected, and play said target sound to the user’s ear via an ECR 120), (see Goldstein, [0025]-[0027], [0039]-[0040], [0072]-[0074], and [0076], also figures 1-4 and 8).
Regarding Claim 8, Goldstein discloses a headset comprising: a collector configured to: collect environment information (e.g. ASM 110 collects ambient sound information), (see [0025] and figure 1), (see figure 3 step 302), and determine key sound detection sensitivity based on the environment information (e.g. a processor 206 determines key sound detection sensitivity based on noise frequency bands within the ambient sound), the key sound detection sensitivity indicating sensitivity of detecting a predetermined sound (e.g. a target sound such as an approaching ambulance or other alarm); a detector, configured to perform detection of the predetermined sound in the environment information based on the key sound detection sensitivity (e.g. processor 206 detects the presence of the target sound in the ambient environment), (see figure 3, step 304); and at least one processor (e.g. processor 206), configured to: upon detecting the predetermined sound in the environment information, adjust the headset to a hear through mode in which the headset lets one or more ambient sounds in, or play the predetermined sound (e.g. the processor 206 adjust the headset to Signature Sound Pass Through Mode (SSPTM) when a target sound is detected, and play said target sound to the user’s ear via an ECR 120), (see Goldstein, [0025]-[0027], [0039]-[0040], [0072]-[0074], and [0076], also figures 1-4 and 8).
Regarding Claim 15, Goldstein discloses a headset, comprising: a determinator, configured to determine that key sound detection sensitivity of a headset is a first value (e.g. a processor 206 determines key sound detection sensitivity based on noise frequency bands within the ambient sound as a first value), (see [0076] and figure 3 step 302); wherein the first value is determined based on a request sent by a user for improving the key sound detection sensitivity of the headset (e.g. the user may provide input to direct operation of the earpiece), (see [0054], figure 5, step 552), and the key sound detection sensitivity indicates sensitivity of detecting a predetermined sound; a detector (e.g. processor 206), configured to collect environment information, and perform detection of the predetermined sound in the environment information based on the first value (e.g. processor 206 detects the presence of target sound in ambient information collected by an ambient microphone ASM 111 based on the key detection sensitivity), (see figure 3, step 304); and at least one processor (e.g. processor 206) configured to: upon detecting the predetermined sound in the environment information, adjust the headset to a hear through mode in which the headset lets one or more ambient sounds in, or play the predetermined sound (e.g. the processor 206 adjust the headset to Signature Sound Pass Through Mode (SSPTM) when a target sound is detected, and play said target sound to the user’s ear via an ECR 120), (see Goldstein, [0025]-[0027], [0039]-[0040], [0072]-[0074], and [0076], also figures 1-4 and 8).
Regarding Claim 16, Goldstein discloses the headset according to claim 15, wherein the environment information comprises one or more ambient sounds, a current location of a user, a speed limit parameter of a road on which a user is currently located, or a horn sound (see Goldstein, [0025], and figure 1).
Regarding Claim 17, Goldstein discloses the method according to claim 1, wherein the key sound detection sensitivity comprises a period from a time when the predetermined sound is detected by the headset to a time when a mode of operation of the headset is switched (e.g. a duration of the target sound, e.g., "3 minutes"), (see Goldstein, [0073]-[0074], and figure 8).
Allowable Subject Matter
Claims 2-7 and 9-14 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 provided on PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYESOLA C OJO whose telephone number is (571)272-0848. The examiner can normally be reached Monday through Friday 8:00am to 4:00pm Central Time.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695