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 .
Allowable Subject Matter
Claims 3, 13 and 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.
With respect to claim 3, the prior art fails to teach in combination with the rest of the limitations in the claim: “discloses the wearable audio device of claim 1, wherein the bias value is calculated based on an off- head proximity signal, an off-head reference signal, and the product adjustment ratio.”
With respect to claim 13, the prior art fails to teach in combination with rest of the limitations in the claim: “wherein the bias value is calculated based on an off-head proximity signal, an off-head reference signal, and the product adjustment ratio.”
With respect to claim 14, the prior art fails to teach in combination with the rest of the limitations in the claim: “wherein the product adjustment ratio is based on a plurality of off-head proximity signals and a plurality of off-head reference signals corresponding to a plurality of wearable audio devices.”
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.
Claims 1, 2, 4-12 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Husung et al. (U.S. Publication No. 2018/0199140 A1).
With respect to claim 1, Husung et al. discloses a wearable audio device, comprising: a first capacitive proximity sensor configured to generate a raw proximity signal (para 0038, lines 1-8; capacitive sensor including a planar electrode with a proximity sensor 18 shown in Fig. 1); a second capacitive proximity sensor configured to generate a raw reference signal (para 0059, see signal 8 processing unit shown in Fig. 1); a controller configured to:
calculate a proximity threshold based on a product adjustment ratio, a bias value, and the raw reference signal (para 0010, lines 7-17); and
determine an on-head status based on the raw proximity signal and the proximity threshold (para 0015, lines 1-8).
With respect to claim 2, Husung et al. discloses the wearable audio device of claim 1, wherein the raw proximity signal corresponds to a first self-capacitance measurement of the first capacitive proximity sensor (para 0010, lines 7-17), and wherein the raw reference signal correspond to a second self-capacitance measurement of the second capacitive proximity sensor (para 0059, see signal 8 processing unit shown in Fig. 1).
With respect to claim 4, Husung et al. discloses the wearable audio device of claim 1, wherein the product adjustment ratio is based on a plurality of off-head proximity signals and a plurality of off-head reference signals corresponding to a plurality of wearable audio devices (para 0038, lines 1-8; capacitive sensor including a planar electrode with a proximity sensor 18 shown in Fig. 1).
With respect to claim 5, Husung et al. discloses the wearable audio device of claim 1, wherein the controller is electrically coupled to an acoustic transducer (para 0004, lines 1-8).
With respect to claim 6, Husung et al. discloses the wearable audio device of claim 1, wherein the first capacitive proximity sensor is arranged on a first side of a flexible circuit board (FCB) (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 7, Husung et al. discloses the wearable audio device of claim 6, wherein the second capacitive proximity sensor is arranged on the first side of the FCB (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 8, Husung et al. discloses the wearable audio device of claim 6, wherein the second capacitive proximity sensor is arranged on a second side of the FCB (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 9, Husung et al. discloses the wearable audio device of claim 6, wherein the wearable audio device comprises a first ear cup, and wherein the FCB is at least partially arranged within the first ear cup (para 0051, lines 3-11).
With respect to claim 10, Husung et al. discloses the wearable audio device of claim 1, wherein the first capacitive proximity sensor is larger than the second capacitive proximity sensor (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 11, Husung et al. discloses a method for on-head detection of a wearable audio device, comprising: generating, via a first capacitive proximity sensor of the wearable audio device, a raw proximity signal (para 0038, lines 1-8; capacitive sensor including a planar electrode with a proximity sensor 18 shown in Fig. 1);
generating, via a second capacitive proximity sensor of the wearable audio device, a raw reference signal (para 0038, lines 1-8; capacitive sensor including a planar electrode with a proximity sensor 18 shown in Fig. 1);
calculating, via a controller of the wearable audio device, a proximity threshold based on a product adjustment ratio, a bias value, and the raw reference signal (para 0038, lines 1-8; capacitive sensor including a planar electrode with a proximity sensor 18 shown in Fig. 1); and
determining, via the controller, an on-head status based on the raw proximity signal and the proximity threshold (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 12, Husung et al. discloses the method of claim 11, wherein the raw proximity signal corresponds to a first self- capacitance measurement of the first capacitive proximity sensor (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics), and wherein the raw reference signal corresponds to a second self-capacitance measurement of the second capacitive proximity sensor (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 15, Hsung et al. discloses the method of claim 11, wherein the controller is electrically coupled to an acoustic transducer (para 0004, lines 1-8).
With respect to claim 16, Husung et al. discloses the method of claim 11, wherein the first capacitive proximity sensor is arranged on a first side of a flexible circuit board (FCB) (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 17, Husung et al. discloses the method of claim 16, wherein the second capacitive proximity sensor is arranged on the first side of the FCB (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 18, Husung et al. discloses the method of claim 16, wherein the second capacitive proximity sensor is arranged on a second side of the FCB (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
With respect to claim 19, Husung et al. discloses the method of claim 16, wherein the wearable audio device comprises a first ear cup, and wherein the FCB is at least partially arranged within the first ear cup (para 0051, lines 3-11).
With respect to claim 20, Husung et al. discloses the method of claim 11, wherein the first capacitive proximity sensor is larger than the second capacitive proximity sensor (see circuit board 65 shown in Fig. 1; data is transferred between the proximity-sensor electronics).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA AKHTER HOQUE whose telephone number is (571)270-7543. The examiner can normally be reached Monday-Friday, 7:30am-4:00pm.
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, Eman A Alkafawi can be reached at 571-272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FARHANA A HOQUE/Primary Examiner, Art Unit 2858