DETAILED ACTION
This Communication is a First Action on the Merits (FAOM). Claims 1-7, as originally filed, are pending and have been considered as follows.
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 § 103
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) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Minich et al (2021/0076131 A1) in view of NI et al (2022/0369394 A1).
As per Claims 1, 6 and 7, Minich teaches a method, non-transitory computer readable medium, and listening apparatus of a type worn on an ear, including at least one of a noise cancelling processing unit and a collected sound processing unit, the listening apparatus comprising: a wireless communication unit configured to be connected to a wireless device, the wireless communication unit being capable of receiving an audio signal from the wireless device; an ear-worn detection unit configured to detect whether the listening apparatus is worn on an ear or not (Page 3, Paragraphs [0034] – [0036]; Page 5, Paragraph [0042]; Page 6, Paragraphs [0045] and [0046]).
(Note: In paragraph [0034], Minich describes a wearable audio device as a device that fits on, around, in or near an ear capable or radiating acoustic energy towards the ear canal [e.g. headphones/earphones/earbuds/etc.]. In paragraph [0035], Minich describes an audio system shown in Figure 1 that includes a first headphone, a second headphone and a peripheral device [e.g. smartphone with a computer executable application installed])
(Note: In paragraphs [0036] and [0038], Minich indicates that the headphones include a controllable active noise reduction [ANR] subsystem. Minich describes the headphones as including sensors that detect proximity or engagement with the ear of a user. The sensor is described as being one of among a plurality of sensor types including among other things gyroscope, accelerometer, an infrared sensor, or any other known sensor capable of determines whether the headphones are proximate to, engaged with, within, or removed from the ear of a user. In paragraph [0042], Minich describes the use of wireless communication protocols to pair the headphones with an external peripheral device [i.e. Bluetooth, Bluetooth Low Energy – BLE, etc.])
Minich does not teach a control processing unit configured to turn off the wireless communication unit in a case where it is detected that the listening apparatus is worn on an ear before the wireless communication unit is connected to the wireless device. However, Ni teaches a control processing unit configured to turn off the wireless communication unit in a case where it is detected that the listening apparatus is worn on an ear before the wireless communication unit is connected to the wireless device (Page 12, Paragraphs [0150] – [0152]).
(Note: In paragraph [0150], Ni describes a Bluetooth device [i.e. headphones] having established a connection with a peripheral device [i.e. smartphone] and the connection information being stored in the Bluetooth device. Ni describes a scenario where a headphone is placed within a charging case and a reconnection process is initiated)
(Note: In paragraph [0151], Ni describes a paging request being sent to attempt to reestablish a connection between the headphones and the peripheral device [i.e. wireless communication unit being powered on and active]. Ni indicates that in a scenario where the peripheral device is not present and/or if the Bluetooth functionality is disabled the headphone can not connect to the terminal. In this instance it would be obvious to disable the wireless communication unit as there is nothing to connect to [peripheral device not being present/or Bluetooth functionality disabled]
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus, method and non-transitory computer readable medium taught by Minich with the apparatus taught by Ni to disable the wireless communication module to reduce the opportunities for potential cyberattacks as turning off the module prevents remote tracking, snooping and remote access to malicious actors seeking to sow chaos.
As per Claim 2, the combination of Minich and Ni teaches wherein, in a case where it is detected that the listening apparatus is worn on an ear before the wireless communication unit is connected to the wireless device, the control processing unit places at least one of the noise cancelling processing unit and the collected sound processing unit in an on state (Minich: Page 5, Paragraph [0042]).
(Note: In paragraph [0042], Minich indicates that when headphones are detected as being engaged [i.e. worn] in a user’s ear(s) the ANR settings of the headphones are automatically adjusted to a first ANR state with respective ANR parameters which may include a default level of noise reduction to block unwanted noise from the environment)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus taught by Minich with the apparatus taught by Ni to disable the wireless communication module to reduce the opportunities for potential cyberattacks as turning off the module prevents remote tracking, snooping and remote access to malicious actors seeking to sow chaos.
As per Claim 3, the combination of Minich and Ni teaches wherein, among a plurality of functions of the wireless communication unit, the control processing unit discontinues a registration standby function for an unregistered wireless device and places at least one function in an on state, in a case where it is detected that the listening apparatus is worn on an ear before the wireless communication unit is connected to the wireless device.
(Note: The Examiner is considering an unregistered wireless device as a device that has not been paired to the Bluetooth headset/headphones. In paragraph [0042], Minich describes pairing between the headphones and a wireless device. In paragraph [0059], Ni describes two earbuds and a charging case that make up a Bluetooth device. In a scenario where the listening device [i.e. two earbuds] are being worn and the wireless device [i.e. smartphone] is not registered with the earbuds in order for the wireless device and the earbuds to connect the registration standby function must be exited)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus taught by Minich with the apparatus taught by Ni to disable the wireless communication module to reduce the opportunities for potential cyberattacks as turning off the module prevents remote tracking, snooping and remote access to malicious actors seeking to sow chaos.
As per Claim 4, Minich teaches wherein the control processing unit turns off at least one function among a plurality of functions of the wireless communication unit (Page 4, Paragraph [0037]). (Note: In paragraph [0037], Munich describes a controller stopping audio being produced by the system)
As per Claim 5, Minich teaches wherein the ear-worn detection unit is a sensor that automatically detects that the listening apparatus is worn on an ear as described in Claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LEE et al (2016/0212522 A1), Bryan-Merrett et al (2024/0038211 A1), Gauger, JR et al (2014/0126736 A1), PAN (2016/0198251 A1), Liu (2018/0049257 A1), KWON et al (2024/0137605 A1), Groesch (2009/0323975 A1), Stockton X et al (12,249,311 B1) and Goldstein (2016/0300562 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693
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