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Claim Rejections 35 USC § 112 has been withdrawn.
Claim Objections has been withdrawn.
Claims 6-9, 12, and 17-18 are amended.
Claims 1-20 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Application #18/925,274
Claim 1: A method of controlling a wearable audio device having active noise reduction (ANR) capabilities, the method comprising:
detecting a speech signal from a user wearing the wearable audio device, wherein the ANR is set to a first level;
in response to detecting the speech signal, determining whether the speech signal is not related to a purpose other than to speak with another person; and
in response to determining that the speech signal is not related to a purpose other than to speak with another person, automatically setting the ANR to a second level that allows the user to hear sounds external to the wearable audio device more audibly relative to the first level.
Patent #12,149,881
Claim 1: A method of controlling a wearable audio device having active noise reduction (ANR) capabilities, the method comprising:
detecting a speech signal from a user wearing the wearable audio device, wherein the ANR is set to a first level;
in response to detecting the speech signal, determining whether the speech signal is not related to a purpose other than to speak with another person; and
in response to determining that the speech signal is not related to a purpose other than to speak with another person, automatically setting the ANR to a second level that allows the user to hear sounds external to the wearable audio device more audibly relative to the first level,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is not provided during a call that is unmuted.
Claim 2: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include a wake-up word (WUW) configured to trigger a voice personal assistant (VPA).
Claim 3: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include voice commands for a voice personal assistant (VPA).
Claim 4: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is provided during a call that is muted.
Claim 5: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include singing or humming while music is being played by the wearable audio device.
Claim 11: The method of claim 1,
wherein the second level of the ANR is an aware state.
Claim 3: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include a wake-up word (WUW) configured to trigger a voice personal assistant (VPA).
Claim 4: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include voice commands for a voice personal assistant (VPA).
Claim 5: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is provided during a call that is muted.
Claim 6: The method of claim 1,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include singing or humming while music is being played by the wearable audio device.
Claim 10: The method of claim 1,
wherein the second level of the ANR is an aware state.
Claim 12: A wearable audio device having active noise reduction (ANR) capabilities, the wearable audio device comprising:
at least one microphone; and
at least one processor configured to:
detect a speech signal from a user wearing the wearable audio device, wherein the ANR is set to a first level;
in response to detecting the speech signal, determine whether the speech signal is not related to a purpose other than to speak with another person; and
in response to determining that the speech signal is not related to a purpose other than to speak with another person, automatically set the ANR to a second level that allows the user to hear sounds external to the wearable audio device more audibly relative to the first level.
Claim 13: The wearable audio device of claim 12,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include a wake-up word (WUW) configured to trigger a voice personal assistant (VPA).
Claim 14: The wearable audio device of claim 12,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include voice commands for a voice personal assistant (VPA).
Claim 15: The wearable audio device of claim 12,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is provided during a call that is muted.
Claim 16: The wearable audio device of claim 12,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include singing or humming while music is being played by the wearable audio device.
Claim 20: The wearable audio device of claim 12,
wherein the second level of the ANR is an aware state.
Claim 11: A wearable audio device having active noise reduction (ANR) capabilities, the wearable audio device comprising:
at least one microphone; and
at least one processor configured to
detect a speech signal from a user wearing the wearable audio device, the speech signal detected using the at least one microphone, wherein the ANR is set to a first level;
in response to detecting the speech signal, determine whether the speech signal is not related to a purpose other than to speak with another person; and
in response to determining that the speech signal is not related to a purpose other than to speak with another person, automatically set the ANR to a second level that allows the user to hear sounds external to the wearable audio device more audibly relative to the first level,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is not provided during a call that is unmuted.
Claim 13: The wearable audio device of claim 11,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include a wake-up word (WUW) configured to trigger a voice personal assistant (VPA).
Claim 14: The wearable audio device of claim 11,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include voice commands for a voice personal assistant (VPA).
Claim 15: The wearable audio device of claim 11,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal is provided during a call that is muted.
Claim 16: The wearable audio device of claim 11,
wherein determining whether the speech signal is not related to a purpose other than to speak with another person includes determining that the speech signal does not include singing or humming while music is being played by the wearable audio device.
Claim 20: The wearable audio device of claim 11,
wherein the second level of the ANR is an aware state.
Response to Arguments
Applicant's arguments filed 08/19/2026 have been fully considered but they are not persuasive. Applicant's arguments failed to address the non-statutory double patenting rejection in the Applicant’s Remarks. Applicants are advised to file a terminal disclaimer for these claims to be made allowable.
Conclusion
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.
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/YOGESHKUMAR PATEL/Primary Examiner, Art Unit 2691
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