The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 is indefinite on line 2 because there is no clear antecedent basis for “the filtered internal and ambient sound signals”. Independent claim 1, from which this claim depends, refers to a first filtered internal sound signal, a second filtered internal sound signal, a first filtered ambient sound signal, and a second filtered ambient sound signal. Which of the first and second filtered internal sound signals is one referring to here? Which of the first and second filtered ambient sound signals is one referring to here?
Claim 5 is indefinite on line 2 because there is no positive antecedent basis for “the intensity values” or “the set of internal intensity values”. For examination purposes only, the claim will be considered dependent from claim 4 which provides the antecedent basis.
Claim 5 is further indefinite on line 5 because there is no positive antecedent basis for “the intensity values” or “the set of ambient intensity values”. For examination purposes only, the claim will be considered dependent from claim 4 which provides the antecedent basis.
Claim 12 is indefinite on line 2 because there is no positive antecedent basis for “the effectiveness metric or average effectiveness metric”. Note that “average effectiveness metric” has antecedent basis in claim 11, but claim 12 is dependent from claim 9, not claim 11. For examination purposes only, the claim will be considered dependent from claim 11 which provides the antecedent basis.
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, 3, 4, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steele (US 2021/0241747).
Regarding claim 1, Steele discloses a method of determining an effective state of an acoustic barrier (e.g., earbud is in ear canal of user or earbud is not in ear canal of user), comprising (see fig. 3, for example): receiving an ambient sound signal XRP representation of sound outside of the acoustic barrier (via ambient sound outside ear microphone 121); receiving an internal sound signal XEP representative of sound behind the acoustic barrier (via internal sound inside ear microphone 122); processing each of the ambient sound signal XRP and the internal sound signal XEP using a filter 310, 315 with a first frequency characteristic (e.g., filtering signals to frequencies between 100 and 600 Hz; see para. 0063) to generate: a first filtered ambient sound signal (via filter 310), and a first filtered internal sound signal (via filter 315), and using a second filter 320, 325 with a second frequency characteristic (e.g., filtering signals to frequencies between 2.8 and 4.7 kHz; see para. 0066) to generate: a second filtered ambient sound signal (via filter 325), and a second filtered internal sound signal (via filter 320); comparing the first filtered ambient sound signal to the first filtered internal sound signal in a first comparison (via subtraction node 330); comparing the second filtered ambient sound signal to the second filtered internal sound signal in a second comparison (via subtraction node 355); using the first comparison and the second comparison to determine the effective state of the acoustic barrier and generating an indication of the effective state (via decision module 365; see para. 0077, regarding that “processor 124 may determine that earbud 120 is on or in the ear of a user … [or] processor 124 may determine that earbud 120 is off the ear of a user”). See also, para. 0052, regarding “filtering signals received from internal and external microphones by two different filters and comparing these in parallel, with results of each comparison being added to result in a final on ear status being determined”.
Regarding claim 3, the method further includes applying each filter (e.g., filters 310, 315, 320, 325) to a received sound signal generates a respective filtered sound signal which is isolated for a corresponding frequency band, wherein the frequency band is at least in part determined by a cut-off frequency of the filter. Note that each of the filters has a cutoff frequency, wherein the cutoff frequency determiners the frequency response and the characteristics of the passband and stopband.
Regarding claim 4, as clear and understood, the method further includes calculating a respective intensity value for each of the filtered internal and ambient sound signals (e.g., via power meters 345, 350) to generate a set of internal intensity values and a set of ambient intensity values for the corresponding received internal sound signal and the received ambient sound signal respectively. Each intensity value is representative of the intensity of the sound in a frequency band (e.g., 2.8 to 4.7 kHz) isolated by the corresponding filter.
Regarding claim 15, the method further includes comparing the ambient sound signal (via reference signal power meter 35) to a minimum threshold (e.g., between 50 and 80 dB SPL; see para. 0072) and indicating a void effective state (e.g., effective state cannot be yet determined; see para. 0073) if the magnitude of the ambient sound level is below the minimum threshold (see fig. 4, steps 410, 420, wherein “power exceeds threshold?” is “No”).
Regarding claim 16, the effective state is determined repeatedly during normal use. See para. 0059, which teaches that the effective state is determined repeatedly during normal use to determine when the user takes an earbud out of their ear canal during normal use so that audio data being played can then be paused.
Regarding claim 17, the effective state is determined using continually collected sound data, without playing a test sound. See fig. 3, which teaches that sound data is collected continuously and doesn’t involve playing a test sound.
Regarding claim 18, the indication comprises outputting the effective state (e.g., the effective state is output by pausing audio data; see para. 0059).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Steele (US 2021/0241747), as applied to claim 1 above, in further view of Murata et al. (US 2014/0037101).
Steele discloses the invention as claimed, but fails to specifically teach processing each of the internal sound signal XEP and the ambient sound signal XRP using one or more further filters to generate respective filtered internal and ambient sound signals. Murata discloses a noise canceling system for headphones (see fig. 17, for example) including an ambient sound outside ear microphone 4 for outputting an ambient sound signal representative of sound outside of an acoustic barrier of the headphones and an internal sound inside ear microphone 5 for outputting an internal sound signal representative of sound behind the acoustic barrier, wherein each of the internal sound signal and the ambient sound signal use one or more filters 304FB, 304FF to generate respective filtered internal and ambient sound signals, in the same field of endeavor, for the purpose of effectively canceling noise using sound signal characteristics of both the ambient ear microphone 4 and the inside ear microphone 5 (see para. 0288-0293).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Steele, view of Murata, such that the method further includes processing each of the internal sound signal XEP and the ambient sound signal XRP using one or more further filters to generate respective filtered internal and ambient sound signals. A practitioner in the art would have been motivated to do this for the purpose of using the “FF and FB type” noise canceling system as taught by Murata (fig. 17), in the earbud system as taught by Steele (figs. 2-3), wherein noise is effectively canceled using sound signal characteristics of both the ambient ear microphone 121 and the inside ear microphone 122.
Claims 5-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 each disclose an earphone system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
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February 26, 2026
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