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
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claims 1, 8 and 19 introduce the limitation “normally worn” and “abnormal wearing”, however do not provide details regarding what it is meant for a device to be worn normally or abnormally. It is impossible to determine the scope of these terms. For instance, it can be considered normal for a user to wear an electronic device, such as headphones, around their neck or over their ears. Both of these wearing conditions may be considered as “normal”. Due to the lack of clarity of the scope of these limitations the claim language provided in claims 1, 8 and 19 is considered indefinite.
Independent claims 1, 8 and 19 also introduce the limitation “induce re-wearing”, however does not provide details of what action is being performed. The term is not of consistent use in the art and therefore the scope of the term is not limited. Due to the lack of clarity of the scope of this limitation the claim language provided in claims 1, 8 and 19 is considered indefinite.
Dependent claims 2-7, 9-19 and 20 are rejected under 35 USC 112(b) as dependent upon a rejected base claim.
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) 1-4, 8-11, 15-16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata et al (US 20140037101 A1).
With respect to claim 1, Murata discloses an electronic device comprising:
a first sound output device (fig.1 #2R) comprising a plurality of microphones (fig.1 #4R,5R) and configured to be wearable on a first location of a body;
a second sound output device (fig.1 #2L) comprising a plurality of microphones (fig.1 #4L,5L) and configured to be wearable on a second location of the body (Par.[0058-0062]);
memory (fig.2 #15,25) storing one or more computer programs (Par.[0094] control unit #15 comprises a microcomputer for executing computer instructions/programs); and
one or more processors (fig.2 #10; Par.[0078] “DSP”) electrically connected to the first sound output device, the second sound output device, and the memory,
wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to:
identify whether the first sound output device and the second sound output device are normally worn, based on reception signals received through at least one microphone among the plurality of microphones of the first sound output device or at least one microphone among the plurality of microphones of the second sound output device (Par.[0088-0093] wearing state detection unit #24 determines if the sound output devices are “normally worn” as a detected wearing state), and
induce re-wearing the first sound output device and the second sound output device in response to identification of abnormal wearing of the first sound output device and the second sound output device (Par.[0224-0226] upon determining that the sound output devices are “abnormally worn” such as a non-wearing state, control unit #15 instructs power supply unit #16 to turn off, which is inducing a re-wearing of the first and second sound output devices. The phrase “induce re-wearing” is relatively broad and has not been clearly defined by the claim language, and has therefor been interpreted as any function being performed as a result of the detection of the “abnormal wearing” state).
With respect to claim 2, Murata discloses the electronic device of claim 1, wherein the first sound output device further comprises a first speaker (#3R), wherein the second sound output device further comprises a second speaker (#3L), and wherein the one or more computer programs further include computer- executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: based on identifying that the abnormal wearing is being maintained, control each of the first speaker and the second speaker to invert sound signals corresponding to the reception signals and output the inverted sound signals, and control the first speaker and the second speaker to output sound signals corresponding to the reception signals in response to identification of normal wearing of the first sound output device and the second sound output device (Par.[0086] noise cancelling signal processing unit #22 generate a reverse phase (i.e. inverted sound signal) corresponding reception signals from microphones #4,5).
With respect to claim 3, Murata discloses the electronic device of claim 2, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to:
acquire at least one of a signal level or a reception time of a first reception signal received by a first inner microphone among the plurality of microphones of the first sound output device or a second inner microphone among the plurality of microphones of the second sound output device, wherein the first reception signal is an echo sound of a pilot signal output from the first speaker or the second speaker; identify the normal wearing of the first sound output device and the second sound output device, based on the signal level being less than a reference signal level and the reception time for the echo sound being earlier than a reference reception time; and identify the abnormal wearing of the first sound output device and the second sound output device, based on the signal level being greater than the reference signal level and the reception time for the echo sound being later than the reference reception time (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25 in order to determine the wearing or non-wearing states).
With respect to claim 4, Murata discloses the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: acquire a signal strength of each of a plurality of reception signals received from the plurality of microphones of the first sound output device or the plurality of microphones of the second sound output device; based on identifying that a size order of signal strengths of the plurality of reception signals corresponds to a specified size order, identify the normal wearing; and based on identifying that the size order of the signal strengths of the plurality of reception signals is different from the specified size order, identify the abnormal wearing (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25, wherein the comparison of signal levels is a size order of signal strengths, in order to determine the wearing or non-wearing states).
With respect to claim 8, Murata discloses a method of operating an electronic device, the method comprising:
receiving at least one reception signal through at least one microphone among a plurality of microphones (fig.1 #4R,5R) included in a first sound output device (fig.1 #2R) of the electronic device or at least one microphones among a plurality of microphones (fig.1 #4L,5L) included in a second sound output device (fig.1 #2L) of the electronic device (Par.[0058-0062]);
identifying whether the first sound output device and the second sound output device are normally worn based on the at least one reception signal (Par.[0088-0093] wearing state detection unit #24 determines if the sound output devices are “normally worn” as a detected wearing state); and
inducing re-wearing the first sound output device and the second sound output device in response to identification of abnormal wearing of the first sound output device and the second sound output device (Par.[0224-0226] upon determining that the sound output devices are “abnormally worn” such as a non-wearing state, control unit #15 instructs power supply unit #16 to turn off, which is inducing a re-wearing of the first and second sound output devices. The phrase “induce re-wearing” is relatively broad and has not been clearly defined by the claim language, and has therefor been interpreted as any function being performed as a result of the detection of the “abnormal wearing” state).
With respect to claim 9, Murata discloses the method of claim 8, further comprising:
inverting sound signals corresponding to the reception signals and outputting the inverted sound signals through a first speaker (#3R) included in the first sound output device and a second speaker (#3L) included in the second sound output device in case that the abnormal wearing is maintained; and outputting the sound signals corresponding to the reception signals through the first speaker and the second speaker in response to identification of normal wearing of the first sound output device and the second sound output device (Par.[0086] noise cancelling signal processing unit #22 generate a reverse phase (i.e. inverted sound signal) corresponding reception signals from microphones #4,5).
With respect to claim 10, Murata discloses the method of claim 9, wherein the identifying of whether the first sound output device and the second sound output device are normally worn based on the reception signals comprises:
acquiring at least one of a signal level or a reception time of a first reception signal received by a first inner microphone among the plurality of microphones of the first sound output device or a second inner microphone among the plurality of microphones of the second sound output device, wherein the first reception signal is an echo sound of a pilot signal output from the first speaker or the second speaker; identifying the normal wearing of the first sound output device and the second sound output device, based on the signal level being less than a reference signal level and the reception time for the echo sound being earlier than a reference reception time; and identifying the abnormal wearing of the first sound output device and the second sound output device, based on the signal level being greater than the reference signal level and the reception time for the echo sound being later than the reference reception time (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25 in order to determined the wearing or non-wearing states).
With respect to claim 11, Murata discloses the method of claim 8, wherein the identifying of whether the first sound output device and the second sound output device are normally worn based on the reception signals comprises:
acquiring a signal strength of each of a plurality of reception signals received from the plurality of microphones of the first sound output device or the plurality of microphones of the second sound output device; based on identifying that a size order of signal strengths of the plurality of reception signals corresponds to a specified size order, identifying the normal wearing; and based on identifying that the size order of the signal strengths of the plurality of reception signals is different from the specified size order, identifying the abnormal wearing of the first sound output device and the second sound output device (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25, wherein the comparison of signal levels is a size order of signal strengths, in order to determine the wearing or non-wearing states).
With respect to claim 15, Murata discloses the method of claim 9, wherein the identifying of whether the first sound output device and the second sound output device are normally worn based on the reception signals comprises: acquiring a signal strength of each of a plurality of reception signals received from the plurality of microphones of the first sound output device or the plurality of microphones of the second sound output device; identifying the normal wearing in case that it is identified that a size order of signal strengths of the plurality of reception signals corresponds to a specified size order; and identifying the abnormal wearing of the first sound output device and the second sound output device in case that it is identified that the size order of the signal strengths of the plurality of reception signals is different from the specified size order (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25, wherein the comparison of signal levels is a size order of signal strengths, in order to determine the wearing or non-wearing states).
With respect to claim 16, Murata discloses the method of claim 10, wherein the identifying of whether the first sound output device and the second sound output device are normally worn based on the reception signals comprises: acquiring a signal strength of each of a plurality of reception signals received from the plurality of microphones of the first sound output device or the plurality of microphones of the second sound output device; identifying the normal wearing in case that it is identified that a size order of signal strengths of the plurality of reception signals corresponds to a specified size order; and identifying the abnormal wearing of the first sound output device and the second sound output device in case that it is identified that the size order of the signal strengths of the plurality of reception signals is different from the specified size order (Par.[0090-0093] wearing state detection unit #24 performs a comparison of signal levels received by the inner and exterior microphones to a reference value stored in memory #25, wherein the comparison of signal levels is a size order of signal strengths, in order to determine the wearing or non-wearing states).
With respect to claim 19, Murata discloses one or more non-transitory computer-readable storage media storing one or more computer programs, the one or more computer programs comprising computer- executable instructions that, when executed by one or more processors of an electronic device individually or collectively, cause the electronic device to perform operations, the operations comprising:
receiving at least one reception signal through at least one microphone among a plurality of microphones (fig.1 #4R,5R) included in a first sound output device (fig.1 #2R) of the electronic device or at least one microphones among a plurality of microphones (fig.1 #4L,5L) included in a second sound output device (fig.1 #2L) of the electronic device (Par.[0058-0062]);
identifying whether the first sound output device and the second sound output device are normally worn based on the at least one reception signal (Par.[0088-0093] wearing state detection unit #24 determines if the sound output devices are “normally worn” as a detected wearing state); and
inducing re-wearing the first sound output device and the second sound output device in response to identification of abnormal wearing of the first sound output device and the second sound output device (Par.[0224-0226] upon determining that the sound output devices are “abnormally worn” such as a non-wearing state, control unit #15 instructs power supply unit #16 to turn off, which is inducing a re-wearing of the first and second sound output devices. The phrase “induce re-wearing” is relatively broad and has not been clearly defined by the claim language, and has therefor been interpreted as any function being performed as a result of the detection of the “abnormal wearing” state).
With respect to claim 20, Murata discloses the one or more non-transitory computer-readable storage media of claim 19, the operations further comprising: inverting sound signals corresponding to the reception signals and outputting the inverted sound signals through a first speaker (#3R) included in the first sound output device and a second speaker (#3L) included in the second sound output device in case that the abnormal wearing is maintained; and outputting the sound signals corresponding to the reception signals through the first speaker and the second speaker in response to identification of normal wearing of the first sound output device and the second sound output device (Par.[0086] noise cancelling signal processing unit #22 generate a reverse phase (i.e. inverted sound signal) corresponding reception signals from microphones #4,5).
Claim Rejections - 35 USC § 103
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 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) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murata et al (US 20140037101 A1) in view of Peterson et al (US 20170094411 A1).
With respect to claims 7 and 14, Murata discloses the electronic device and methods of claims 1 and 8 respectively, however does not disclose expressly wherein the electronic device comprises a first and second acceleration sensor.
Peterson discloses an electronic device (#10) of wherein a first sound output device comprises a first acceleration sensor, wherein the second sound output device further comprises a second acceleration sensor, wherein the first acceleration sensor and the second acceleration sensor are arranged in opposite directions to each other (Par.[0023] “accelerometer”; fig.3 each earcup #30 comprises an motion sensor #58 in the form of an accelerometer, arranged opposite one another), and
wherein the electronic device is configured to: identify whether the first sound output device and the second sound output device are normally worn, based on a movement direction of each axis of the first acceleration sensor and the second acceleration sensor during wearing of the first sound output device and the second sound output device, and identify abnormal wearing of the first sound output device and the second sound output device in case that movement directions of at least one axis of the first acceleration sensor and the second acceleration sensor moves in a direction opposite to an arrangement direction (Par.[0042-0046] acceleration/motion sensor data may be used to determine if the electronic device is worn in a normal “unreversed” or abnormal “reversed” state).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the acceleration sensors of Peterson in the electronic device of Murata. The motivation for doing so would have been to detect a reversed or unreversed wearing state of the electronic device and automatically assign right and left channels according to the detection.
Allowable Subject Matter
Claims 5-6, 12-13 and 17-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Dai et al (US 20240152313 A1) discloses a wearing detection method and device.
Zhao et al (US 20240187778 A1) discloses a hearing device with wear state detection.
Jiao et al (US 20230147079 A1) discloses a device for detecting wearing state of an earphone.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695
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