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 .
Status of Claims
Claims 1-0 and 13-20 are rejected
Claims 11 and 12 are objected to
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.
Claim 1 recites the limitation "the back side housing" in lines 10-11.
There is insufficient antecedent basis for this limitation in the claim.
Claims 2-14 inherits the deficiency of their base claim 1
Claim 15 recites the limitation "the back side housing" in lines 12-13.
There is insufficient antecedent basis for this limitation in the claim.
Claims 16-20 inherit the deficiency of their base claim 15
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) 1-10 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong et al (CN 218941303, EPO English Machine Translation, hereinafter Gong) in view of Johnson (US PUB 20240298111, hereinafter Johnson)
Regarding Claim 1, Gong discloses a wearable device (e.g. an ear clip-on headphone), (see [0001] and figure 1), comprising: a first housing (e.g. a first housing 12) comprising a plurality of electrical components comprising: a microphone (e.g. a microphone 22); a second housing (e.g. a second housing 11) comprising a battery (e.g. battery 15), a flexible neck portion (e.g. elastic neck portion 13) connecting the first housing with the second housing (see figures 1 and 2); a first magnet (e.g. a magnet 21) positioned in the first housing or the back side housing (e.g. magnet 21 is positioned in housing 12), wherein the flexible neck portion comprises a conduit (e.g. a wiring channel 13b), (see figure 2), wherein the conduit provides power to the plurality of electrical components via the battery (e.g. the wiring groove 13b provides power connection to the electrical components via a flexible circuit board 14), (see Gong, [0034]-[0037], [0040]-[0041] and [0053], also figures 1-4).
Gong does not explicitly disclose a plurality of microphones, and a memory.
However, Johnson in the same field of endeavor teaches a wearable device (see at least the abstract and figures 1a-1d) comprising a plurality of microphones (e.g. microphone array 104a-104d), a processor and a memory (e.g. a processor 103 and memory of an audio processing circuitry 102), (see Johnson, [0021], [0071]-[0072], [0074], and [0076], also figures 1a-1d). Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the resent invention to incorporate a plurality of microphones, processor and a memory as taught by Johnson in the teachings of Gong in order to increase the signal processing capability of the wearing device so it can perform complex and/or advance signal processing tasks such as beamforming and active noise cancellation, and thereby further enhancing the overall efficiency of the wearable device.
Regarding Claim 2, Gong as modified by Johnson discloses the wearable device of claim 1, wherein the plurality of microphones (microphone array 104) receives audio signals from a grill or open portion disposed as an arced portion on the first housing (see Johnson, figures 1C-1D).
Regarding Claim 3, Gong as modified by Johnson discloses the wearable device of claim 1, further comprising a second magnet (e.g. a magnet 20) or a ferrous material which hold together via a magnetic the first housing and the back side housing (see Gong, [0040] and figure 4).
Regarding Claim 4, Gong as modified by Johnson discloses the wearable device of claim 1, wherein the first side comprises electronic components, and wherein the first housing comprises a power control button (e.g. user control interface 113a) that allows power to the electronic components (see Johnson, [0079] and [0081], and figure 1D).
Regarding Claim 5, Gong as modified by Johnson discloses the wearable device of claim 1, wherein the first housing and the second housing each have a circularly shaped housing (see Gong, figures 2 and 4).
Regarding Claim 6, Gong as modified by Johnson discloses the wearable device of claim 1, further comprising a first channel component and a second channel component each having openings and hollow paths, wherein the plurality of microphones (microphone array 104) comprise a first dipole microphone and a second dipole microphones and an omnidirectional microphone, wherein the first dipole microphone is positioned next to an opening of the first channel component, and the second dipole microphone is positioned next to an opening of the second channel component (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 7, Gong as modified by Johnson discloses the wearable device of claim 6, wherein ends of the first channel component and the second channel component are aligned with a respective underside of the first dipole microphones and the second dipole microphone (microphone 104a-104d) to permit sound to travel along the hollow paths of the first and second channels components (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 8, Gong as modified by Johnson discloses the wearable device of claim 6, wherein the first channel component and the second channel component are positioned orthogonal to one another that provide orthogonal audio capturing elements (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 9, Gong as modified by Johnson discloses the wearable device of claim 6, wherein the first channel component and the second channel component are disposed under a grill such that sound can pass through the grill and into channel component and the second channel component (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 10, Gong as modified by Johnson discloses the wearable device of claim 6, wherein the first channel component provides the first dipole microphone with a first set of listening zones, and the second channel component provides the second dipole microphone with a second set of listening zones (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 13, Gong as modified by Johnson discloses the wearable device of claim 1, wherein the flexible neck portion has a curved portion with a first longitudinal portion (e.g. a left longitudinal side) extending from a first side of the curved portion and a second longitudinal portion (e.g. right longitudinal side) extending from a second side of the curved portion (see figure 2), wherein the first longitudinal portion connects to the first housing and the second longitudinal portion connects to the second housing (see Gong, figures 2 and 5).
Regarding Claim 14, Gong as modified by Johnson discloses the wearable device of claim 6, wherein an interior side of the first housing magnetically connects with an interior side of the second housing (e.g. via magnetic force between magnets 20 and 21), (see Gong, figure 4).
Regarding Claim 15, Gong discloses a wearable device comprising: a first housing (e.g. a first housing 12) comprising a plurality of electrical components comprising: a microphone (e.g. microphone 22); a second housing (e.g. a second housing 11) comprising a battery (e.g. battery 15), a flexible neck portion (e.g. elastic neck portion 13) connecting the first housing with the second housing (see figures 1 and 2); a first magnet (e.g. a magnet 21) positioned in the first housing or the back side housing (e.g. magnet 21 is positioned in housing 12), (see figure 2); and a second magnet (e.g. a magnet 20) or a ferrous material which holds together via a magnetic force the first housing and the back side housing; wherein an interior side of the first housing magnetically connects with an interior side of the second housing (e.g. the magnetic force of first and second magnets 20, 21 provide stable connection within the housing first and second housings); wherein the flexible neck portion comprises a conduit (e.g. a wiring channel 13b), (see figure 2), wherein the conduit provides power to the plurality of electrical components via the battery (e.g. the wiring groove 13b provides power connection to the electrical components via a flexible circuit board 14), and wherein the flexible neck portion has a curved portion (e.g. a top curved portion) with a first longitudinal portion (e.g. a left longitudinal side) extending from a first side of the curved portion and a second longitudinal portion (e.g. right longitudinal side) extending from a second side of the curved portion (see figure 2), wherein the first longitudinal portion connects to the first housing and the second longitudinal portion connects to the second housing (see Gong, [0034]-[0037], [0040]-[0041] and [0053], also figures 1-5).
Gong does not explicitly disclose a plurality of microphones, comprising a plurality of dipole microphones and a plurality of omnidirectional microphones; a memory; and a processor.
However, Johnson in the same field of endeavor teaches a wearable device (see at least the abstract and figures 1a-1d) comprising a plurality of microphones (e.g. microphone array 104a-104d), comprising a plurality of dipole microphones and a plurality of omnidirectional microphones; a processor and a memory (e.g. a processor 103 and memory of an audio processing circuitry 102), (see Johnson, [0021], [0071]-[0072], [0074], [0076], [0094]-[0095], and [0099], also figures 1a-1d). Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the resent invention to incorporate a plurality of microphones, processor and a memory as taught by Johnson in the teachings of Gong in order to increase the signal processing capability of the wearing device so it can perform complex and/or advance signal processing tasks such as beamforming and active noise cancellation, and thereby further enhancing the overall efficiency of the wearable device.
Regarding Claim 16, Gong as modified by Johnson discloses the wearable device of claim 15, wherein the first side comprises electronic components, and wherein the first housing comprises a power control button (e.g. user control interface 113a) that allows power to the electronic components (see Johnson, [0079] and [0081], and figure 1D).
Regarding Claim 17, Gong as modified by Johnson discloses the wearable device of claim 16, wherein the plurality of microphones (microphone array 104) receives audio signals from a grill or an open portion which is disposed on the first housing (see Johnson, figures 1C-1D).
Regarding Claim 18, Gong as modified by Johnson discloses the wearable device of claim 15, further comprising a first channel component and a second channel component each having openings and hollow paths, wherein the plurality of microphones (microphone array 104) comprise a first dipole microphone and a second dipole microphones and an omnidirectional microphone, wherein the first dipole microphone is positioned next to an opening of the first channel component, and the second dipole microphone is positioned next to an opening of the second channel component (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 19, Gong as modified by Johnson discloses the wearable device of claim 15, wherein ends of the first channel component and the second channel component are aligned with a respective underside of the first dipole microphones and the second dipole microphone (microphone 104a-104d) to permit sound to travel along the hollow paths of the first and second channels components (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Regarding Claim 20, Gong as modified by Johnson discloses the wearable device of claim 15, wherein the first channel component and the second channel component are positioned orthogonal to one another that provide orthogonal audio capturing elements (see Johnson, [0094], [0099], figures 1C, 1D and 2C).
Allowable Subject Matter
Claims 11 and 12 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 provided on PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695
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