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 § 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.
Claim(s) 1, 13, 14 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mou (US 2019/0132666).
Regarding claim 1, Mou discloses an earphone device (earphone device of Fig. 3), comprising: a distance sensor, configured to obtain distance information (distance sensors configured to obtain distance information, [0094], Fig. 3); a storage, configured to store program code (memory 404 with program code, [0051], [0114], Fig. 4a); and a processor, coupled to the distance sensor and the storage, and configured to load the program code and executing (processor 401 for executing code and coupled to the distance sensor and memory 404, [0051], [0114], Fig. 4a): configuring an upper limit distance and a lower limit distance of a reference range, wherein the upper limit distance and the lower limit distance are based on distances between a reference position of the earphone device and a contour of a cavum concha or a cymba concha respectively (upper limit distance and lower limit distance is configured based on a distances between a reference position of the earphone device and a contour of the cavum concha/cymba concha (as seen based on the placement of the distance sensors on the earphone in relation to the portion of the ear in Fig. 3), [0017], [0020], [0060], [0094], [0100]); and determining whether the distance information is within the reference range to generate left and right decision information, wherein the left and right decision information is whether a right ear is worn or a left ear is worn (earphone capable of determining wearing mode of left or right ear based on determining whether the distance information is within the reference range, [0017], [0020], [0060], [0094], [0100]).
Regarding claim 13, Mou discloses wherein the processor is further configured to execute: selecting one of a left channel mode and a right channel mode according to the left and right decision information, wherein the left channel mode and the right channel mode have a corresponding hearing compensation coefficient (wearing mode is selected with corresponding hearing compensation coefficients depending on the measured distance and left and right decision information, [0027], [0060], [0094], [0100]).
Regarding claim 14, Mou discloses identifying method of wearing, suitable for an earphone device (identifying a wearing mode for an earphone and selecting said wearing mode with corresponding hearing compensation coefficients depending on the measured distance and left and right decision information, [0027], [0060], [0094], [0100]), wherein the earphone device comprises a distance sensor (distance sensors configured to obtain distance information, [0094], Fig. 3), and the identifying method comprises: configuring an upper limit distance and a lower limit distance of a reference range, wherein the upper limit distance and the lower limit distance are based on distances between a reference position of the earphone device and a contour of a cavum concha or a cymba concha respectively (upper limit distance and lower limit distance is configured based on a distances between a reference position of the earphone device and a contour of the cavum concha/cymba concha (as seen based on the placement of the distance sensors on the earphone in relation to the portion of the ear in Fig. 3), [0017], [0020], [0060], [0094], [0100]); and determining whether distance information obtained by the distance sensor is within the reference range to generate left and right decision information, wherein the left and right decision information is whether a right ear is worn or a left ear is worn (earphone capable of determining wearing mode of left or right ear based on determining whether the distance information is within the reference range, [0017], [0020], [0060], [0094], [0100]).
Regarding claim 22, Mou discloses further comprising: selecting one of a left channel mode and a right channel mode according to the left and right decision information, wherein the left channel mode and the right channel mode have a corresponding hearing compensation coefficient (wearing mode is selected with corresponding hearing compensation coefficients depending on the measured distance and left and right decision information, [0027], [0060], [0094], [0100]).
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) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mou (US 2019/0132666).
Regarding claim 10, Mou discloses further comprising: a microphone (microphone chip 408, [0129], [0139], Fig. 4a); an earphone body, wherein the distance sensor is disposed on the earphone body, and the reference position is located at a center of the earphone body (earphone with earphone body with distance sensor disposed on said earphone body at a center of the earphone body, Fig. 3); and an extension rod, extending from the earphone body and parallel to a reference axis passing through the reference position (extension rod extending from the earphone body and parallel to a reference axis passing through the reference position, Fig. 3), but lacks wherein the microphone is disposed on the extension rod.
Nevertheless, it is well known in the art to dispose a microphone and other electronics on an extension rod portion of an earphone. Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the microphone of Mou to be disposed on the extension rod portion in order to allow for more space for electronic components in the earphone. The Examiner takes Official Notice.
Allowable Subject Matter
Claims 2-9, 11-12, and 15-21 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior record teaches various earphones, for example: Machida (US 2023/0403493) and Lin et al. (US 2022/0201382) which are considered relevant to the immediate disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (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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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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