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 .
DETAILED ACTION
Summary
This action is in reply to Applicant’s Amendments and Remarks filed on 2/27/2026.
Claims 1-20 are pending.
Response to Arguments
Claim 20 has been amended and there is sufficient antecedent basis for the limitation in the claim. Therefore, the rejections of claim 20 under 35 U.S.C. § 112(b) are withdrawn.
Applicant's arguments with respect to claim limitation “wake-word processing by a wearable electronic device worn by a user” recited in claim 1, 5, 16 and 20 have been fully considered but they are not persuasive. Applicants contend the combination of Zheng and PEDERSEN does not teach the claimed feature above (Applicants’ Remarks dated 7/27/2026, p. 9). However, the Examiner respectfully disagrees. FIG. 1-3 and 6-7 of Zheng illustrate a computing device (terminal device) performing wakeup word detection. Paragraph [0027] of Zheng describes the terminal is for a voice interaction device such as a TV box. It is true that Zheng differs to the present invention in that Zheng fails to explicitly disclose the device is a wearable device. However, the examiner relies on PEDERSEN to teach the well-known concept the computing device for detecting a wake-up word is a wearable device [See PEDERSEN: FIG. 3; [0058]].
Regarding applicant’s argument on page 9 of the remarks that Zheng does not disclose determining, based at least on an angle of arrival of the audio waveform at the at least two microphones of the linear microphone array, of whether to accept the wake-word utterance or rather to reject the wake-word utterance, FIG. 3-4 of Zheng illustrate the computing device collecting multiple channel voice signal from a microphone array, estimating the wakeup word detection score of any channel based on the direction of audio waveform obtained by each microphone located in different directions or different positions [see Zheng: [0041]]; determining that the wakeup word exists when the wakeup word detection score of any channel of the one or more sampling signals is greater than a score threshold; then estimating the azimuth of target voice (according the highest wake up word detection score) and then to activate performing voice signal processing and speech recognition [See Zheng: FIG. 4-6; [0065-0067 and 0075-0076]]; accept the speech recognition after the interference generated by noise is removed].
During patent examination, the pending claims must be "given their broadest reasonable interpretation consistent with the specification." Phillips v. AWH Corp., 415 F.3d 1303, at 1316 (Fed. Cir. 2005). See also In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000).
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) 1-4 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (US 20200395005 A1) in view of PEDERSEN et al (US 20210337306 A1).
Regarding claim 1, Zheng discloses a method of wake-word processing by an electronic device [e.g. FIG. 1-3; a computing device], the method being carried out when the device is in a device sleep state [e.g. FIG. 3-4; activate speech recognition], wherein the device includes a linear microphone array having at least two microphones vertically spaced from each other [e.g. FIG. 4-5; [0067]; linear microphone array], and wherein the device further includes a processor [e.g. FIG. 9; processor], the method comprising: receiving, by the at least two microphones of the linear microphone array, an audio waveform [e.g. FIG. 2-5; sampling signal captured by microphone array] representing a wake-word utterance [e.g. detecting if a wakeup word exists]; making a determination [e.g. determining a wakeup word detection score], by the processor, based at least on an angle of arrival of the audio waveform at the at least two microphones of the linear microphone array [e.g. FIG. 4-5; azimuth of a target voice estimation], of whether to accept the wake-word utterance [e.g. FIG. 3-4; determining the wakeup word is detected] or rather to reject the wake-word utterance; and controlling, by the processor, operation [e.g. [0085-0086]; performing recognition computing if the wakeup word is detected] of the device based on the determination.
Although Zheng discloses a device for a wake-word processing or detecting, it is noted that Zheng differs to the present invention in that Zheng fails to explicitly disclose the device is a wearable device.
However, PEDERSEN teaches the well-known concept of a method of wake-word processing by a wearable an electronic device [e.g. FIG. 1-3; [0025 and 0050-0053]; the sound capture device is wearable; FIG. 10; [0167]; detecting a wake word]; , the method being carried out when the device is worn by a user [e.g. FIG. 1-3.].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]].
Regarding claim 2, Zheng and PEDERSEN further disclose the device is worn by the user at a distance of about 5 to 7 inches below a chin of the user [e.g. PEDERSEN: FIG. 1-3; FIG. 2 is showing the microphone being place under the chin of the user]. Although PEDERSEN does not explicitly disclose the device is worn by the user at a distance of about 5 to 7 inches below a chin of the user, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have the options to place the device of PEDERSEN at the distance of about 5 to 7 inches below a chin of the user.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]].
Regarding claim 3, Zheng and PEDERSEN further disclose making the determination by the processor of whether to accept or reject the wake-word utterance is further based on an energy level of the audio waveform received by the at least two microphones [e.g. Zheng: FIG. 3-4; [0065-0067]; calculating signal power strengths].
Regarding claim 4, Zheng and PEDERSEN further disclose making the determination is based on a time- segmented evaluation of audio channels from the at least two microphones [e.g. Zheng: FIG. 3-4; [0081-0086]; he target sampling signal during the time period from T0 to T1 is extracted from the buffer unit, and a possible azimuth of the voice signal is estimated].
Regarding claim 16-19, this is an apparatus that includes same limitation as in claim 1-4 above respectively, the rejection of which are incorporated herein. Furthermore, Zheng and Smith disclose a battery [e.g. Smith: FIG. 3; battery]; a processor [e.g. Zheng: FIG. 9; processor]; non-transitory data storage; and program instructions stored in the non-transitory data storage and executable by the processor to carry out operations [e.g. Zheng: FIG. 9; [0014 and 0120-0122]].
Regarding claim 20, this is a non-transitory computer-readable storage medium that includes same limitation as in claim 1 above, the rejection of which are incorporated herein.
Claim(s) 5-8, 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (US 20200395005 A1) in view of PEDERSEN et al (US 20210337306 A1) and Sun et al (US 20160171975 A1).
Regarding claim 5, Zheng discloses a method of wake-word processing by an electronic device [e.g. FIG. 1-3; a computing device], the method being carried out when the device is in a device sleep state [e.g. FIG. 3-4; activate or not activate speech recognition], wherein the device includes a linear microphone array having at least two microphones vertically spaced from each other [e.g. FIG. 4-5; [0067]; linear microphone array], and wherein the device further includes a voice recognizer [e.g. speech recognition module], the method comprising: receiving, by the at least two microphones of the linear microphone array [e.g. FIG. 4-5; [0067]; linear microphone array], an audio waveform [e.g. FIG. 2-5; sampling signal captured by microphone array] representing utterance of a wake word [e.g. detecting if a wakeup word exists], wherein each microphone of the at least two microphones provides a respective audio channel representing the received audio waveform [e.g. FIG. 3; multi-channel sampling signals]; at least one of the microphones passing to the voice recognizer the microphone's respective audio channel representing the received audio waveform [e.g. FIG. 3-4; speech recognition module performing recognition computing], to enable the voice recognizer to determine that the received audio waveform represents utterance of the wake word [e.g. FIG. 4; [0084-0086]]; and responsive to the voice recognizer determining that the received audio waveform represents utterance of the wake word [providing recognition results based on wakeup word detection], and making a determination, by a processor [e.g. FIG. 9; processor], based on the respective audio channels from the at least two microphones [e.g. FIG. 3-5], of whether to accept the wake-word utterance and wake the device from the device sleep state [e.g. FIG. 3-4; determining the wakeup word is detected] or rather to reject the wake-word utterance and to go back to sleep [e.g. [0085-0086]], wherein the processor makes the determination based on at least one factor selected from the group consisting of (i) an angle of arrival of the audio waveform at the linear microphone array [e.g. FIG. 4-5; azimuth of a target voice estimation] and (ii) an energy level of the audio waveform received by the at least two microphones [e.g. FIG. 3-4; [0065-0067]; calculating signal power strengths].
Although Zheng discloses a device for a wake-word processing or detecting, it is noted that Zheng differs to the present invention in that Zheng fails to explicitly disclose the device is a wearable device and the detail of the processor.
However, PEDERSEN teaches the well-known concept of a method of wake-word processing by a wearable an electronic device [e.g. FIG. 1-3; [0025 and 0050-0053]; the sound capture device is wearable; FIG. 10; [0167]; detecting a wake word]; , the method being carried out when the device is worn by a user [e.g. FIG. 1-3.].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]].
Moreover, Sun teaches the well-known concept of a device including a voice recognizer [e.g. FIG. 3; speech recognition processor 320] and a host processor [main processor 330], the host processor being in a host-processor sleep state [e.g. FIG. 3 and 6; a sleep state], responsive to the voice recognizer determining that the received audio waveform represents utterance of the wake word [providing recognition results based on voice wakeup detection], providing to the host processor an interrupt signal [e.g. INT2] to wake the host processor from the host-processor sleep state [e.g. FIG. 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 6, Zheng, PEDERSEN and Sun further disclose the linear microphone array has three microphones linearly aligned and vertically spaced from each other including a top microphone, a middle microphone, and a bottom microphone, and wherein the at least two microphones are just a top microphone and the bottom microphone [e.g. Zheng: FIG. 3-4; [0048]; four channels of sampling signals; PEDERSEN: FIG. 1-3; [0022]; The microphone array may be a linear array, wherein the microphones (two or more) are located on a straight line].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 7, Zheng, PEDERSEN and Sun further disclose the voice recognizer passes the respective audio channels of the at least two microphones to the host processor to facilitate the host processor making the determination of whether to accept or rather reject the wake-word utterance [e.g. Zheng: FIG. 3-4; determining the wakeup word is detected; Sun FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 8, Zheng, PEDERSEN and Sun further disclose the host processor makes the determination based at least on the angle of arrival of the audio waveform at the linear microphone array [e.g. Zheng: FIG. 4-5; azimuth of a target voice estimation; Sun FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 11, Zheng, PEDERSEN and Sun further disclose the host processor makes the determination based at least on the energy level of the audio waveform received by the at least two microphones [e.g. Zheng: FIG. 3-4; [0065-0067]; calculating signal power strengths; Sun FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 12, Zheng, PEDERSEN and Sun further disclose making the determination based on the energy level of the audio waveform received by the linear microphone array comprises making the determination based on a comparison of the energy level with a predefined energy-level threshold [e.g. Zheng: FIG. 3-4; [0065-0067]; calculating signal power strengths; Sun: FIG. 3 and 5-6; if the amplitude of the voice signal Sa is higher than a threshold; generating enable signal or an interrupt signal].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 13, Zheng, PEDERSEN and Sun further disclose if the energy level is greater than the predefined energy-level threshold, then accepting by the host processor the wake-word utterance and waking by the host processor the device from the device sleep state [e.g. Zheng: FIG. 3-4; [0065-0067]; calculating signal power strengths; Sun: FIG. 3 and 5-6; if the amplitude of the voice signal Sa is higher than a threshold; generating enable signal or an interrupt signal]; and if the energy level is less than the predefined energy-level threshold, then rejecting by the host processor the wake-word utterance and going by the host processor back to sleep [e.g. Zheng: FIG. 3-4; Sun: FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 14, Zheng, PEDERSEN and Sun further disclose the host processor makes the determination based on a time-segmented evaluation of the respective audio channels [e.g. Zheng: FIG. 3-4; [0081-0086]; he target sampling signal during the time period from T0 to T1 is extracted from the buffer unit, and a possible azimuth of the voice signal is estimated; Sun: FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Regarding claim 15, Zheng, PEDERSEN and Sun further disclose the device is worn by the user at a distance of about 5 to 7 inches below a chin of the user [e.g. PEDERSEN: FIG. 1-3; FIG. 2 is showing the microphone being place under the chin of the user]. Although PEDERSEN does not explicitly disclose the device is worn by the user at a distance of about 5 to 7 inches below a chin of the user, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have the options to place the device of PEDERSEN at the distance of about 5 to 7 inches below a chin of the user.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN and the well-known voice wakeup detecting technique taught by Sun as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]] and reduced power consumption [See Sun, [0015-0016]].
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (US 20200395005 A1) in view of PEDERSEN et al (US 20210337306 A1), Sun et al (US 20160171975 A1) and TIAN et al (CN 110556103 A).
Regarding claim 9, Zheng, PEDERSEN and Sun further disclose making the determination based on the angle of arrival of the audio waveform at the linear microphone array [e.g. Zheng: FIG. 3-4; PEDERSEN: FIG. 1-3; Sun: FIG. 3 and 6], but Zheng, PEDERSEN and Sun fail to disclose the detail of the determination.
However, TIAN teaches the well-known concept making the determination for wake up monitoring is based on a comparison of the angle of arrival with a predefined angle-of- arrival threshold [e.g. page 10; paragraph 3; the direction of arrival of the audio signal beam can be less than or equal to 30 degrees].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN, the well-known voice wakeup detecting technique taught by Sun and the well-known audio data processing technique taught by TIAN as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]], reduced power consumption [See Sun, [0015-0016]] and improved processing efficiency of audio and the identification efficiency [See TIAN; page 3; paragraph 3].
Regarding claim 10, Zheng, PEDERSEN, Sun and TIAN further disclose the controlling comprises: if the angle of arrival is less than the predefined angle-of-arrival threshold, then accepting by the host processor the wake-word utterance and waking the device from the device sleep state [e.g. Zheng: FIG. 3-4; Sun: FIG. 3 and 6TIAN: page 10; paragraph 3; the direction of arrival of the audio signal beam can be less than or equal to 30 degrees]; and if the angle of arrival is greater than the predefined angle-of-arrival threshold, then rejecting by the host processor the wake-word utterance and going by the host processor back to sleep[e.g. Zheng: FIG. 3-4; PEDERSEN: FIG. 1-3; Sun: FIG. 3 and 6].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the wake words detecting system disclosed by Zheng to exploit the well-known wearable communication device for use technique taught by PEDERSEN, the well-known voice wakeup detecting technique taught by Sun and the well-known audio data processing technique taught by TIAN as above, in order to provide an improved flexibility of use of a sound capture device [See PEDERSEN; [0021 and 0165]], reduced power consumption [See Sun, [0015-0016]] and improved processing efficiency of audio and the identification efficiency [See TIAN; page 3; paragraph 3].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (US 20160366990 A1).
YELLEPEDDI et al (US 20200302159 A1).
THIS ACTION IS MADE FINAL. 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 ZHUBING REN whose telephone number is (571)272-2788. The examiner can normally be reached Monday-Friday 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richemond Dorvil can be reached at 571-272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHUBING REN/Primary Examiner, Art Unit 2658