Prosecution Insights
Last updated: October 02, 2026
Application No. 18/999,469

State Determination Method, Electronic Device, and Readable Storage Medium

Non-Final OA §102
Filed
Dec 23, 2024
Priority
Jun 24, 2022 — CN 202210727033.0 +1 more
Examiner
NGUYEN, SEAN H
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
533 granted / 617 resolved
+26.4% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
623
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 617 resolved cases

Office Action

§102
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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saulsbury et al. (US 2019/0058937) herein Saulsbury. Regarding claim 1, Saulsbury discloses a state determining method, applied to an earphone (state of ear buds may be monitored and corresponding actions taken in controlling the ear buds and electronic device, [0007]), wherein the earphone comprises N first detection regions and M second detection regions (N first detection regions defined by sensors S3 and S4, and M second detection regions defined by sensors S1 and S2, Fig. 3, [0029]), and the state determining method comprises: obtaining N first detection values corresponding to the N first detection regions and M second detection values corresponding to the M second detection regions (sensors readings from sensors S1, S2, S3 and S4 would lead to corresponding M second detection values and N first detection values respectively, [0028]); in a case that at least one of the N first detection values is greater than or equal to a first preset value, determining that the earphone is in a non-wearing state (if sensors S1 and S2 (M second detection regions) are positive while sensors S3 and S4 (N first detection regions) are negative, ear buds 24 and device 10 can conclude that ear buds 24 are being worn/inserted into ears 50, and sensors S3 and S4 are uncovered because the user’s fingers have released the stem of ear buds 24, thus inversely, having S3 and S4 have a positive value (thus would be greater than or equal to a first preset value) the device cannot conclude insertion and would conclude a non-wearing state, [0029], [0039]); and in a case that the N first detection values are less than the first preset value and the M second detection values meet a first preset condition, determining that the earphone is in a non-wearing state (if sensors S1, S2, S3 and S4 are all negatives (M second detection values meeting the first preset condition, and N first detection values being less than the first preset value) then it can be concluded that ear buds 24 are in an enclosed area such as the interior of a pocket (non-wearing state), [0029], [0039]); wherein in a wearing state of the earphone, the N first detection regions have a distance from the skin (sensors S3 and S4 are located away from ear 50, Fig. 3, [0029]), and the M second detection regions are in contact with the skin (proximity sensors such as proximity sensors S1 and S2 are in contact with the ear (may output positive signals when ear bud 24 is inserted into ear 50), Fig. 3, [0029]). Regarding claim 2, Saulsbury discloses wherein after the obtaining N first detection values corresponding to the N first detection regions and M second detection values corresponding to the M second detection regions, the method further comprises: in a case that the N first detection values are less than the first preset value and at least one of the M second detection values meets a second preset condition, determining that the earphone is in a wearing state (sensors S3 and S4 are negative (N detection values less than the first preset value) and at least sensors S1 and S2 are positive (M detection values), it is determined earbuds 24 are inserted in the ear in a wearing state, [0039]). Regarding claim 3, Saulsbury discloses wherein the earphone comprises N first sensors, the N first sensors are respectively configured to perform detection on the N first detection regions, and the N first detection values are respectively used to indicate contact statuses between the first detection regions and the skin (S3 and S4 are capacitance/proximity sensors that can be used to determined contact statuses between a first detection region and the skin, [0028], [0029]); wherein in a case that a first detection sub-value among the N first detection values is greater than or equal to the first preset value, a first detection region corresponding to the first detection sub-value is in contact with the skin; or in a case that a first detection sub-value among the N first detection values is less than the first preset value, a first detection region corresponding to the first detection sub-value has a distance from the skin (if N first detection values are negative, then there is a distance from the skin, [0028], [0029], [0039]). Regarding claim 4, Saulsbury discloses wherein the earphone comprises M second sensors, the M second sensors are respectively configured to perform detection on the M second detection regions, and the M second detection values are respectively used to indicate contact statuses between the second detection regions and the skin (M sensors configured to perform detection on M second detection regions (sensors S1, S2) with detection values used to indicate contact between second detection regions and the skin (proximity sensors determine ear insertion or contacting other parts of the ear), [0028], [0029]); wherein in a case that a second detection sub-value among the M second detection values meets a second preset condition, a second detection region corresponding to the second detection sub-value is in contact with the skin; or in a case that a second detection sub-value among the M second detection values meets the first preset condition, a second detection region corresponding to the second detection sub-value has a distance from the skin (if sensors S1, S2 have a positive value the second detection region is in contact with the skin, if it is not then there is a distance from the skin, [0028], [0029], see cases of [0039]). Regarding claim 5, Saulsbury discloses wherein the first sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the first sensor is a wear sensor, the first detection value is a first capacitance value of the skin, or in a case that the first sensor is a proximity sensor, the first detection value is a first distance value between the proximity sensor and the skin (implicitly implied that a capacitance sensor would measure a first capacitance value of the skin, and that a proximity sensor would measure the distance between the sensor and the skin, [0028], [0029]). Regarding claim 6, Saulsbury discloses wherein the second sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the second sensor is a wear sensor, the second detection value is a second capacitance value of the skin, the first preset condition is that the second detection value is less than a second preset value, and the second preset condition is that the second detection value is greater than or equal to the second preset value (in a case that the second sensor is a capacitance sensor, there would be a corresponding second capacitance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values less than a second preset value or more than a second preset value, [0028], [0029]), or in a case that the second sensor is a proximity sensor, the second detection value is a second distance value between the proximity sensor and the skin, the first preset condition is that the second detection value is greater than a third preset value, and the second preset condition is that the second detection value is less than or equal to the third preset value (in a case that the second sensor is a proximity sensor, there would be a corresponding second distance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values greater than a third preset value (the preset value corresponding to a proximity preset) or less than or equal to a third preset value, [0028], [0029]). Regarding claim 7, Saulsbury discloses an electronic device, comprising a processor and a memory storing a program or an instruction that is capable of running on the processor, wherein the program or the instruction, when executed by the processor (ear buds 24 with both storage and processing circuitry, [0018], Fig. 1), causes the electronic device to perform: obtaining N first detection values corresponding to N first detection regions of an earphone and M second detection values corresponding to M second detection regions of the earphone (sensors readings from sensors S1, S2, S3 and S4 would lead to corresponding M second detection values and N first detection values respectively, [0028], N first detection regions defined by sensors S3 and S4, and M second detection regions defined by sensors S1 and S2, Fig. 3, [0029]); in a case that at least one of the N first detection values is greater than or equal to a first preset value, determining that the earphone is in a non-wearing state (if sensors S1 and S2 (M second detection regions) are positive while sensors S3 and S4 (N first detection regions) are negative, ear buds 24 and device 10 can conclude that ear buds 24 are being worn/inserted into ears 50, and sensors S3 and S4 are uncovered because the user’s fingers have released the stem of ear buds 24, thus inversely, having S3 and S4 have a positive value (thus would be greater than or equal to a first preset value) the device cannot conclude insertion and would conclude a non-wearing state, [0029]); and in a case that the N first detection values are less than the first preset value and the M second detection values meet a first preset condition, determining that the earphone is in a non-wearing state (if sensors S1, S2, S3 and S4 are all negatives (M second detection values meeting the first preset condition, and N first detection values being less than the first preset value) then it can be concluded that ear buds 24 are in an enclosed area such as the interior of a pocket (non-wearing state), [0029]); wherein in a wearing state of the earphone, the N first detection regions have a distance from the skin (sensors S3 and S4 are located away from ear 50, Fig. 3, [0029]), and the M second detection regions are in contact with the skin (proximity sensors such as proximity sensors S1 and S2 are in contact with the ear (may output positive signals when ear bud 24 is inserted into ear 50), Fig. 3, [0029]). Regarding claim 8, Saulsbury discloses wherein after obtaining N first detection values corresponding to the N first detection regions and M second detection values corresponding to the M second detection regions, the program or the instruction, when executed by the processor, causes the electronic device to further perform: in a case that the N first detection values are less than the first preset value and at least one of the M second detection values meets a second preset condition, determining that the earphone is in a wearing state (sensors S3 and S4 are negative (N detection values less than the first preset value) and at least sensors S1 and S2 are positive (M detection values), it is determined earbuds 24 are inserted in the ear in a wearing state, [0039]). Regarding claim 9, Saulsbury discloses wherein the earphone comprises N first sensors, the N first sensors are respectively configured to perform detection on the N first detection regions, and the N first detection values are respectively used to indicate contact statuses between the first detection regions and the skin (S3 and S4 are capacitance/proximity sensors that can be used to determined contact statuses between a first detection region and the skin, [0028], [0029]); wherein in a case that a first detection sub-value among the N first detection values is greater than or equal to the first preset value, a first detection region corresponding to the first detection sub-value is in contact with the skin; or in a case that a first detection sub-value among the N first detection values is less than the first preset value, a first detection region corresponding to the first detection sub-value has a distance from the skin (if N first detection values are negative, then there is a distance from the skin, [0028], [0029], [0039]). Regarding claim 10, Saulsbury discloses wherein the earphone comprises M second sensors, the M second sensors are respectively configured to perform detection on the M second detection regions, and the M second detection values are respectively used to indicate contact statuses between the second detection regions and the skin (M sensors configured to perform detection on M second detection regions (sensors S1, S2) with detection values used to indicate contact between second detection regions and the skin (proximity sensors determine ear insertion or contacting other parts of the ear), [0028], [0029]); wherein in a case that a second detection sub-value among the M second detection values meets a second preset condition, a second detection region corresponding to the second detection sub-value is in contact with the skin; or in a case that a second detection sub-value among the M second detection values meets the first preset condition, a second detection region corresponding to the second detection sub-value has a distance from the skin (if sensors S1, S2 have a positive value the second detection region is in contact with the skin, if it is not then there is a distance from the skin, [0028], [0029], see cases of [0039]). Regarding claim 11, Saulsbury discloses wherein the first sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the first sensor is a wear sensor, the first detection value is a first capacitance value of the skin, or in a case that the first sensor is a proximity sensor, the first detection value is a first distance value between the proximity sensor and the skin (implicitly implied that a capacitance sensor would measure a first capacitance value of the skin, and that a proximity sensor would measure the distance between the sensor and the skin, [0028], [0029]). Regarding claim 12, wherein the second sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the second sensor is a wear sensor, the second detection value is a second capacitance value of the skin, the first preset condition is that the second detection value is less than a second preset value, and the second preset condition is that the second detection value is greater than or equal to the second preset value (in a case that the second sensor is a capacitance sensor, there would be a corresponding second capacitance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values less than a second preset value or more than a second preset value, [0028], [0029]), or in a case that the second sensor is a proximity sensor, the second detection value is a second distance value between the proximity sensor and the skin, the first preset condition is that the second detection value is greater than a third preset value, and the second preset condition is that the second detection value is less than or equal to the third preset value (in a case that the second sensor is a proximity sensor, there would be a corresponding second distance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values greater than a third preset value (the preset value corresponding to a proximity preset) or less than or equal to a third preset value, [0028], [0029]). Regarding claim 13, Saulsbury discloses a non-transitory readable storage medium storing a program or an instruction (storage circuitry storing a program for processing, [0018], Fig. 1), wherein the program or the instruction, when executed by a processor, causes the processor to perform: obtaining N first detection values corresponding to N first detection regions of an earphone and M second detection values corresponding to M second detection regions of the earphone (sensors readings from sensors S1, S2, S3 and S4 would lead to corresponding M second detection values and N first detection values respectively, [0028], N first detection regions defined by sensors S3 and S4, and M second detection regions defined by sensors S1 and S2, Fig. 3, [0029]); in a case that at least one of the N first detection values is greater than or equal to a first preset value, determining that the earphone is in a non-wearing state (if sensors S1 and S2 (M second detection regions) are positive while sensors S3 and S4 (N first detection regions) are negative, ear buds 24 and device 10 can conclude that ear buds 24 are being worn/inserted into ears 50, and sensors S3 and S4 are uncovered because the user’s fingers have released the stem of ear buds 24, thus inversely, having S3 and S4 have a positive value (thus would be greater than or equal to a first preset value) the device cannot conclude insertion and would conclude a non-wearing state, [0029]); and in a case that the N first detection values are less than the first preset value and the M second detection values meet a first preset condition, determining that the earphone is in a non-wearing state (if sensors S1, S2, S3 and S4 are all negatives (M second detection values meeting the first preset condition, and N first detection values being less than the first preset value) then it can be concluded that ear buds 24 are in an enclosed area such as the interior of a pocket (non-wearing state), [0029]); wherein in a wearing state of the earphone, the N first detection regions have a distance from the skin (sensors S3 and S4 are located away from ear 50, Fig. 3, [0029]), and the M second detection regions are in contact with the skin (proximity sensors such as proximity sensors S1 and S2 are in contact with the ear (may output positive signals when ear bud 24 is inserted into ear 50), Fig. 3, [0029]). Regarding claim 14, Saulsbury discloses wherein after obtaining N first detection values corresponding to the N first detection regions and M second detection values corresponding to the M second detection regions, the program or the instruction, when executed by the processor, causes the processor to further perform: in a case that the N first detection values are less than the first preset value and at least one of the M second detection values meets a second preset condition, determining that the earphone is in a wearing state (sensors S3 and S4 are negative (N detection values less than the first preset value) and at least sensors S1 and S2 are positive (M detection values), it is determined earbuds 24 are inserted in the ear in a wearing state, [0039]). Regarding claim 15, Saulsbury discloses wherein the earphone comprises N first sensors, the N first sensors are respectively configured to perform detection on the N first detection regions, and the N first detection values are respectively used to indicate contact statuses between the first detection regions and the skin (S3 and S4 are capacitance/proximity sensors that can be used to determined contact statuses between a first detection region and the skin, [0028], [0029]); wherein in a case that a first detection sub-value among the N first detection values is greater than or equal to the first preset value, a first detection region corresponding to the first detection sub-value is in contact with the skin; or in a case that a first detection sub-value among the N first detection values is less than the first preset value, a first detection region corresponding to the first detection sub-value has a distance from the skin (if N first detection values are negative, then there is a distance from the skin, [0028], [0029], [0039]). Regarding claim 16, Saulsbury discloses wherein the earphone comprises M second sensors, the M second sensors are respectively configured to perform detection on the M second detection regions, and the M second detection values are respectively used to indicate contact statuses between the second detection regions and the skin (M sensors configured to perform detection on M second detection regions (sensors S1, S2) with detection values used to indicate contact between second detection regions and the skin (proximity sensors determine ear insertion or contacting other parts of the ear), [0028], [0029]); wherein in a case that a second detection sub-value among the M second detection values meets a second preset condition, a second detection region corresponding to the second detection sub-value is in contact with the skin; or in a case that a second detection sub-value among the M second detection values meets the first preset condition, a second detection region corresponding to the second detection sub-value has a distance from the skin (if sensors S1, S2 have a positive value the second detection region is in contact with the skin, if it is not then there is a distance from the skin, [0028], [0029], see cases of [0039]). Regarding claim 17, Saulsbury discloses wherein the first sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the first sensor is a wear sensor, the first detection value is a first capacitance value of the skin, or in a case that the first sensor is a proximity sensor, the first detection value is a first distance value between the proximity sensor and the skin (implicitly implied that a capacitance sensor would measure a first capacitance value of the skin, and that a proximity sensor would measure the distance between the sensor and the skin, [0028], [0029]). Regarding claim 18, Saulsbury discloses wherein the second sensor is a wear sensor or a proximity sensor (sensors can be a capacitance sensor or proximity sensor, [0028]); and in a case that the second sensor is a wear sensor, the second detection value is a second capacitance value of the skin, the first preset condition is that the second detection value is less than a second preset value, and the second preset condition is that the second detection value is greater than or equal to the second preset value (in a case that the second sensor is a capacitance sensor, there would be a corresponding second capacitance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values less than a second preset value or more than a second preset value, [0028], [0029]), or in a case that the second sensor is a proximity sensor, the second detection value is a second distance value between the proximity sensor and the skin, the first preset condition is that the second detection value is greater than a third preset value, and the second preset condition is that the second detection value is less than or equal to the third preset value (in a case that the second sensor is a proximity sensor, there would be a corresponding second distance value for its detection value, and the conditions for determining if the sensor is in contact with skin or not in contact with skin would implicitly result in having detection values greater than a third preset value (the preset value corresponding to a proximity preset) or less than or equal to a third preset value, [0028], [0029]). Regarding claim 19, Saulsbury discloses a chip, wherein the chip comprises a processor and a communication interface, the communication interface is coupled to the processor, and the processor is configured to run a program or instruction so as to implement the method according to claim 1 (processor is part of a chip circuitry and is used to run a programmed method according to claim 1, [0018], Fig. 1). Regarding claim 20, Saulsbury discloses a computer program product, wherein the program product is stored in a non-transitory storage medium, and the program product is executed by at least one processor so as to implement the method according to claim 1 (storage circuitry storing a program for processing, [0018], Fig. 1). Conclusion 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. 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, 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. 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. /SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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Prosecution Timeline

Dec 23, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
91%
With Interview (+4.9%)
2y 0m (~3m remaining)
Median Time to Grant
Low
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