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 .
Please amend the claims as follows:
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 5 and 11 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 5 and 11 recite the broad recitation “in an interval of 30 to 300 kHz”, and the claim also recites “in an interval of 140 to 220 kHz, or at a frequency of 160 kHz” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4, as currently drafted, is dependent upon claim 4. Therefore it is impossible for claim 4 to further limit the subject matter of the claim upon which it depends, as it is dependent upon itself. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6, 9-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny et al. (US 20220095049 A1, “Podhajny”) in view of Bohanan et al. (US 20220130369 A1, “Bohanon”).
Regarding claim 1, Podhajny discloses an acoustic system for emitting acoustic energy to create a directional beam of audible sound (Fig. 2, audio module (150) can include a parametric array (160) of speakers (162). Parametric array is controlled to radiate beams of sound waves toward ears of a user) comprising:
a parametric acoustic transducer phased array (Fig. 2 (160)) configured to emit acoustic energy of periodically varying intensity in the form of an acoustic signal (Fig. 2, In some embodiments, the audible sound waves (168) can be steered by adjusting the amplitude and/or phase of one or more of the ultrasonic waves (164) with respect to the other ultrasonic waves (164)).
wherein the acoustic signal is a modulated acoustic signal comprising a carrier wave and an audible sound signal modulated onto the carrier wave(Fig. 2, [0028], At least one of the speakers (162) can emit a constant carrier wave (e.g., ultrasonic carrier wave),
wherein the parametric acoustic transducer array comprises a plurality of transducer elements (Fig. 2 (162) and (172)) arranged in at least two rows (Fig. 2 (160) and (170)), each row extending along a row direction axis or an axis parallel to the row direction axis (Fig. 2 illustrates each row (160) and (170) extending in a row direction),
and wherein, for each row, all the transducer elements of the row are controllable simultaneously in response to a single first control signal so as to emit the acoustic energy at a wavelength and phase determined by the first control signal;
an actuator (Fig. 6 (184)) being operatively connected to the parametric acoustic transducer array and being configured to rotate the parametric acoustic transducer array around a rotation axis that is linearly independent to the row direction axis in response to a second control signal ([0037], Rotation of the audio module can be manually controlled and/or controlled by an actuator based on signals and/or commands) ([0052] device can include adjustment control components such as an actuator for moving components to a desired relative position or orientation)
and a controller being communicably connected to each of the at least two rows of the parametric acoustic transducer array and further being communicably connected to the actuator, the controller being configured to: generate,
and generate a second control signal such that the actuator rotates the parametric acoustic transducer array, and thus the directional beam of audible sound, around the rotation axis([0037], Rotation of the audio module can be manually controlled and/or controlled by an actuator based on signals and/or commands)(Implicit, [0050], control circuitry is configured to access memory having instructions to perform one or more of the operations or functions with respect to the wearable device)(control circuitry would implicitly supply the signal or command to activate the actuator).
Podhajny fails to teach
and wherein, for each row, all the transducer elements of the row are controllable simultaneously in response to a single first control signal so as to emit the acoustic energy at a wavelength and phase determined by the first control signal
generate, for each of the at least two rows, a first control signal such that the emitted acoustic energy of the parametric acoustic transducer array forms a directional beam of audible sound
Bohanon teaches
and wherein, for each row, all the transducer elements of the row are controllable simultaneously in response to a single first control signal so as to emit the acoustic energy at a wavelength and phase determined by the first control signal (Implicit,[0030], control over timing and phase of individual transducer waves can be used to steer the collective ultrasonic beam as well as the individual transducer waves to a desired point)(collective ultrasonic beam is generated by simultaneously controlling constituent transducer elements)(Fig. 8g, [0049], fig. 8g illustrates a row cluster where transducers are tightly packed into a geometric shape);
generate, for each of the at least two rows, a first control signal such that the emitted acoustic energy of the parametric acoustic transducer array forms a directional beam of audible sound (Implicit,[0030], control over timing and phase of individual transducer waves can be used to steer the collective ultrasonic beam as well as the individual transducer waves to a desired point)([0024] modulated ultrasonic carrier beam becomes naturally demodulated by passage through air rendering the audio signal containing the message audible to the pilot)( Fig. 8g, [0049], fig. 8g illustrates a row cluster where transducers are tightly packed into a geometric shape)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the acoustic system of Podhajny, to include the teachings of Bohanon, in order to yield a parametric acoustic transducer array that is able to generate directional audio beams with greater levels of control by using transducer elements distributed across multiple rows to simultaneously emit modulated ultrasonic carrier waves towards a listener or desired location such that the demodulated audio signal is only audible to desired listeners/locations while remaining inaudible to others. Making such a modification amounts to using a known technique to improve a similar system in the same way. See MPEP 2141.III KSR Rationale (C).
Regarding claim 2, Podhajny, as modified in view of Bohanon teaches the acoustic system of claim 1. Podhajny further teaches
wherein the parametric acoustic transducer array comprises at least four transducer elements (Fig. 2 (160) and (170) illustrates both rows containing three elements (162) and (172) for a total of 6 elements).
Regarding claim 3, Podhajny, as modified in view of Bohanon teaches the acoustic system according to claim 1. Bohanon further teaches
an input device communicatively connected to the controller ([0036], audio input supplied by the avionics communications system is converted from analog to digital form using an ADC. Converted digital audio is then fed to the FPGA which produces the ultrasonic modulated signal using an internally generated ultrasonic carrier that has been modulated using the supplied digital audio. FPGA produces a multichannel output through the ultrasonic transducer array).
Regarding claim 4, Podhajny, as modified in view of Bohanon teaches the acoustic system according to claim 4. Podhajny further teaches
wherein the controller is configured to: receive from the input device a first input signal indicative of a three- dimensional position towards which the directional beam of acoustic energy is to be directed ([0065]-[0066] based on detection of a test signal by an external device, information can be transmitted for receipt by the wearable device to determine a calibration factor to optimize the output of the audio module to the ears of the user) (Implicit, [0050], control circuitry is configured to access memory having instructions to perform one or more of the operations or functions with respect to the wearable device) (calibration factor that would be sent to the actuator to adjust orientation of the audio module implicitly would come from signals/commands generated by the control circuitry)
and generate the first control signal for each of the at least two rows based on the first input signal, such that the emitted acoustic energy of the parametric acoustic transducer array forms a directional beam of acoustic energy towards the three-dimensional position ([0068]-[0069] based on the calibration factor, the command can include a signal to the actuator to adjust the rotational orientation of the audio module relative to the support structure. Based on the calibration factor, the wearable device can provide audio output following confirmation that adjustments to the audio module are made.)
Regarding claim 5, Podhajny, as modified in view of Bohanon teaches the acoustic system according to claim 1. Podhajny further teaches
wherein the controller is configured to generate the control signals such that the acoustic energy is emitted at a frequency that is one of: (i) in an interval of 30 to 300 kHz, (ii) in an interval of 140 to 220 kHz, or at a frequency of 160 kHz ([0029], a carrier wave with a constant frequency and a signal wave that encodes sound data at variable frequencies can interact to produce a beam of audible waves having frequencies between 20-20,000 hz) (Implicit, [0050], control circuitry is configured to access memory having instructions to perform one or more of the operations or functions with respect to the wearable device) (control of the parametric array implicitly would come from signals/commands generated by the control circuitry).
Regarding claim 6, the acoustic system according to claim 1, wherein the parametric acoustic transducer array is planar (Fig. 2 (160) and (170) illustrates the parametric array being planar).
Regarding claim 9, the claim is a method claim corresponding to claim 1 and is therefore rejected for the same reasons.
Regarding claim 10, the claim is a method claim corresponding to claim 4 and is therefore rejected for the same reasons.
Regarding claim 11, the claim is a method claim corresponding to claim 5 and is therefore rejected for the same reasons.
Regarding claim 14, the claim is a CRM claim corresponding to claim 1 and is therefore rejected for the same reasons.
Claim(s) 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny in view of Bohanan and Moon et al. (US 20080013405 A1, “Moon”).
Regarding claim 7, Podhajny, as modified in view of Bohanon teaches the acoustic system according to claim 1. Podhajny, as modified in view of Bohanon fails to teach
wherein the parametric acoustic transducer array is a micromachined ultrasonic transducer configured to emit acoustic energy in the form of ultrasonic energy, wherein the acoustic signal is an ultrasonic signal.
Moon teaches
wherein the parametric acoustic transducer array is a micromachined ultrasonic transducer configured to emit acoustic energy in the form of ultrasonic energy, wherein the acoustic signal is an ultrasonic signal([0051], The ultrasonic transducer 100 is basically a MUT type capable of being manufactured in a very thin plate form via MEMS, and more particularly a pMUT type, because a piezoelectric body is used as a driving material in order to achieve high outputs by using a resonance effect at an ultrasonic frequency band required).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the acoustic system of Podhajny, as modified in view of the teachings of Bohanon, to further include the teachings of Moon, in order to yield a parametric acoustic transducer system that is capable of being manufactured on a smaller platform while sill achieving high frequency outputs enabling greater directional control while transmitting. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR Rationale (A).
Regarding claim 12, the claim is a method claim corresponding to claim 7 and is therefore rejected for the same reasons.
Allowable Subject Matter
Claims 8 and 13 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 8, Podhajny, as modified in view of Bohanon teaches the acoustic system according to claim 3. Bohanon further teaches
wherein the controller is configured to: receive from the input device a second input signal comprising the modulation signal to be modulated onto the carrier wave of the acoustic signal ([0036], audio input supplied by the avionics communications system is converted from analog to digital form using an ADC. Converted digital audio is then fed to the FPGA which produces the ultrasonic modulated signal using an internally generated ultrasonic carrier that has been modulated using the supplied digital audio. FPGA produces a multichannel output through the ultrasonic transducer array)(avionics communication system implicitly includes an input device)(the input, modulation, and transmission processes would implicitly be performed for a first transmission and second transmission, each with their own input signals and resultant modulation signals to be modulated onto a carrier wave);
Podhajny further teaches
and in response to receiving the second input signal, generating a modulated acoustic signal by modulating the modulation signal onto the carrier wave of the acoustic signal speakers can emit an ultrasonic carrier wave), and at least one of the speakers can emit a signal wave that includes audio data encoded thereon. Any pair of the speakers can include different frequency components of the audio data from the signal wave. Additionally or alternatively, one or more ultrasonic waves may be emitted as a carrier wave that is modulated or combined with a signal wave that includes audio data.) (Implicit, [0068]-[0069] based on the calibration factor, the command can include a signal to the actuator to adjust the rotational orientation of the audio module relative to the support structure. Based on the calibration factor, the wearable device can provide audio output following confirmation that adjustments to the audio module are made)(Podhajny teaches that the second input signal prompts the calibration factor to be used to control the actuator to adjust the orientation of the audio module (and parametric array) before any audio output is generated. However, Pohadjny fails to teach the required limitation of modulating the modulated acoustic signal onto a carrier wave of the acoustic signal before the first and second control signals. Rather, Podhajny teaches that the second control signal is generated in order to achieve proper orientation prior to generating audio output (including the first control signal to drive emit the acoustic energy)).
Bohanon further teaches
and in response to receiving the second input signal, generating a modulated acoustic signal by modulating the modulation signal onto the carrier wave of the acoustic signal However Bohanon is silent regarding physically rotating the parametric array in general, let alone rotating it in response to a second input signal that instructs the controller to generate a second control signal to activate an actuator to rotate the array. Therefore, Bohanon cannot possibly teach modulating the modulation signal onto the carrier wave before generating the first and second control signals, as Bohanon does not contemplate the use of a second control signal)
Pompei (US 20120051556 A1, “Pompei”) teaches and in response to receiving the second input signal, generating a modulated acoustic signal by modulating the modulation signal onto the carrier wave of the acoustic signal However Pompei fails to teach that a second input signal defining the modulation signal to be modulated onto the carrier wave, is generated prior to the generation of both the first and second control signals)
Li et al. (CN 111408533 A, “Li”. For all text citations, refer to attached machine translation) Li discloses a paraboloid transducer array that is capable of pivoting around a rotational axis in order to ensure adequate directivity of sound, however Li is not directed towards a parametric loudspeaker array that utilizes carrier wave modulation to deliver audio messages. Rather Li merely teaches the transducer array is capable of changing its orientation via rotation. That is, Li fails to discloses the required first control signals, and therefore cannot possibly teach modulating the modulation signal onto the carrier wave of the acoustic signal before generating first and second control signals. No other identified prior art teaches the limitations wholly or in part with sufficient motivation to combine).
Regarding claim 13, the claim is a method claim corresponding to claim 8 and is therefore rejected for the same reasons.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Kappus et al. (US 11715453 B2) which discloses structures for parametric acoustic transducer arrays
Norris et al. (US 8199931 B1) which discloses a parametric loudspeaker with improved phase characteristics
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
