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
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) 1-2, 6-7, 9-10 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doniwa, US Patent Appl. Pub. No. 2015/0362977.
Regarding claim 1, Doniwa discloses a system for improving robustness of use state detection of an electronic device, the system comprising:
a plurality of sensors (FIG. 8, pulse wave sensor 108, accelerometer 210 and fingerprint sensor 105) comprising:
at least one first sensor (FIG. 8, pulse wave sensor 108) arranged to obtain a first type of data about the electronic device (sensor data from measured pulse waves – paragraph 0034, lines 1-3), and
at least one second sensor (FIG. 8, accelerometer 210) arranged to obtain a second type of data about the electronic device (sensor data from acceleration – paragraph 0063, lines 1-4), the second type of data being different from the first type of data; and
at least one processor (FIG. 8. CPU 101) coupled to receive the first type of data from the at least one first sensor and the second type of data from the at least one second sensor and, from the first type of data and the second type of data, to (CPU 101 executes both the wearing state estimation module 141 and the action estimation module 242 shown in FIG 9. – paragraph 0065, lines 2-4):
determine a current use state of the electronic device (the current use state is determined by the measured wearing state at measurement time t2 plus the measure for acceleration X2, corresponding to time t2 – FIG. 10, S1002-S1004, S2002-S2004; paragraph 0045, lines 7-12, paragraph 0047, lines 1-4, paragraph 0067, paragraph 0068, lines 4-9, lines 12-14), and
compare (estimating the change in wearing state over time plus estimating change in action over time – FIG. 10, S1005, S2005 – paragraph 0047, lines 4-7, paragraph 0048, lines 12-23, paragraph 0070) the current use state to a previous use state (the previous use state of the electronic device FIG. 10, is determined by the measured wearing state at measurement time t1 plus the measure for acceleration X1, corresponding to time t1 – FIG. 10, S1002-S1004, S2002-S2004; paragraph 0045, lines 7-12, paragraph 0047, lines 1-4, paragraph 0067, paragraph 0068, lines 4-9, lines 12-14),
if the current use state is different from the previous use state (FIG. 10, S2001-YES, S2002-S2005, S2006-YES), change a status of at least one feature of the electronic device based on the current use state (enabling fingerprint authentication process – FIG. 9, S2007, FIG. 12; paragraph 0073, lines 5-10, paragraph 0074), and
if the current use state is the same as the previous use state (FIG. 10, S2001-NO or S2006-NO), maintain a status of at least one feature of the electronic device (the wearable device is maintained in a status wherein the fingerprint sensor is turned off – i.e. the authentication process is disabled; paragraph 0092).
Regarding claim 9, Doniwa further discloses a method including all claim step limitations as addressed above for claim 1.
Regarding claim 2, Doniwa further discloses the system wherein:
the plurality of sensors further comprises at least one third sensor (FIG. 8, fingerprint sensor 105) arranged to obtain a third type of data about the electronic device (sensor data from fingerprint sensor – paragraph 0033), the third type of data being different from the first type of data and the second type of data; and
the at least one processor (FIG. 8. CPU 101) is coupled to receive the third type of data from the at least one third sensor and to determine a current use state of the electronic device from the first type of data, the second type of data, and the third type of data (the current use state corresponds to an authenticated user after determining change in wearing state over time plus estimating change in action over time and performing successful user authentication via the fingerprint sensor – FIG. 10, S1005, S2001-YES, S2002-S2005, S2006-YES, S2007 – paragraphs 0047-0048, 0067, 70 and 0073).
Regarding claim 6, Doniwa further discloses the system wherein:
the current use state of the electronic device is an active use state, the previous use state is an inactive use state, and changing a status of at least one feature of the electronic device based on the current use state includes activating at least one feature of the electronic device (FIG. 12, A (UNWORN [Wingdings font/0xE0] WORN) plus E, F, I and J, FINGERPRINT AUTHENTICATION PROCESS [activating feature]; paragraph 0074); or
the current use state of the electronic device is an inactive use state, the previous use state is an active use state, and changing a status of at least one feature of the electronic device based on the current use state includes deactivating at least one feature of the electronic device (FIG. 12, B (WORN [Wingdings font/0xE0] UNWORN) plus E-L, AUTHENTICATION REJECTION PROCESS [deactivating feature]).
Regarding claim 7, Doniwa further discloses the system, wherein the electronic device comprises the system such that the at least one processor and the plurality of sensors are arranged on or in the electronic device (FIG. 8, wearable device 200 including the CPU 101, pulse wave sensor 108 and accelerometer 210).
Regarding claim 10, Doniwa further discloses a method including all claim step limitations as addressed above for claim 2.
Regarding claim 12, Doniwa further discloses the method, wherein:
determining a current use state of the electronic device comprises determining that the electronic device is in an active state (FIG. 12, A (UNWORN [Wingdings font/0xE0] WORN) plus E, F, I, and J – paragraph 0074); and
determining that the current use state is different from the previous use state such that changing a status of at least one feature of the electronic device based on the current use state includes activating at least one feature of the electronic device (FINGERPRINT AUTHENTICATION PROCESS [activating feature]; paragraph 0074).
Regarding claim 13, Doniwa further discloses the method, wherein:
determining a current use state of the electronic device comprises determining that the electronic device is in an inactive state (FIG. 12, B (WORN [Wingdings font/0xE0] UNWORN) plus E-L); and
determining that the current use state is different from the previous use state such that changing a status of at least one feature of the electronic device based on the current use state includes deactivating at least one feature of the electronic device (AUTHENTICATION REJECTION PROCESS [deactivating feature]).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doniwa, US Patent Appl. Pub. No. 2015/0362977 in view of Kelly et al., US Patent Appl. Pub. No. 2020/0004583.
Regarding claim 5, Doniwa discloses the system as per claim 1.
Doniwa does not specifically state the at least one processor is configured to use machine learning to determine the current use state of the electronic device from at least the first type of data.
Kelly teaches a sensing modalities database (FIG. 3, 300) for obtaining information/data from various sensors which collect usage data from wearables to be used by an engine prediction database which provides information needed by the processor in training a prompting model/strategy and/or an adherence model/prediction using machine learning (FIG. 3, paragraph 0051). Thus, providing automated-prompting notifications (e.g., reminder prompts) for users to perform particular tasks (paragraph 0108).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the above-describe system and functionality, as suggested by Kelly with the system disclosed by Doniwa in order to implement the at least one processor is configured to use machine learning to determine the current use state of the electronic device from at least the first type of data. One of ordinary skill in the art would be motivated to do so in order to automatically prompt the user of the electronic device for fingerprint authentication upon change in the status of the electronic device based on the difference between the current use state and the previous use state, and the change in action over time.
Allowable Subject Matter
Claims 3-4, 8, 11 and 14-15 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.
Regarding claims 3 and 11, Doniwa is silent with respect to utilizing a force sensor, internal management unit (IMU) sensor and proximity sensor. In addition, modifying the Doniwa reference such that the first and second and sensors (i.e. the pulse wave sensor 108 and accelerometer 210) are changed to force sensor and an internal measurement unit (IMU) sensor, respectively, would change the principle of operation of the Doniwa reference.
Regarding claim 4, Doniwa is silent with respect to the electronic device being headphones with first and second earphone units and at least one first sensor comprising two internal measurement units (IMUs), wherein a first one of the two IMUs being arranged in or on the first earphone unit and a second one of the two IMUs being arranged in or on the second earphone unit. In addition, Doniwa’s reference is directed to the functionality of a watch type wearable device for acquiring physiological information. Modifying Doniwa for headphones with the above-described IMUs arrangement would render the Doniwa’s invention unsatisfactory for its intended purpose.
Regarding claims 8, 14 and 15, Doniwa is silent with respect to the electronic device comprises headphones or earbuds and their respective active and inactive states. In addition, Doniwa’s reference is directed to the functionality of a watch type wearable device for acquiring physiological information. Modifying Doniwa for headphones or earbuds would render the Doniwa’s invention unsatisfactory for its intended purpose.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFAN STOYNOV whose telephone number is (571)272-4236. The examiner can normally be reached Monday 7AM-3PM, Wednesday 7AM-11AM and Thursday 7AM-3PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Jung can be reached at 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEFAN STOYNOV/ Primary Examiner, Art Unit 2175
