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 .
DETAILED ACTION
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 1-12 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the phrase “the audio output signal” in line 10 is indefinite. There are two different “an audio output signal” in the claim. It is not clear which one is being referred by the phrase. Claim 7 is rejected for the same reasons as discussed above with respect to claim 1. Since claims 2-6 and 8-12 are dependent claims, these claims are also rejected.
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.
Claims 1-4, 6-9, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nicholson (U.S. Patent No. 9,338,540).
Regarding claims 1 and 7, with respect to Figures 1-5, NICHOLSON teaches a system for improving routing of an audio output signal from an electronic device to an audio output device, the system comprising:
at least one connector 135 in fig.1/sensor 225 in fig.2 [i.e., inertial measurement unit (IMU)] arranged in the audio output device (fig.1; col.2, lines 15-32) and
at least one processor configured to:
receive data from the at least one IMU, determine a current status of the audio output device from the received data as either worn or unworn, route an audio output signal from the electronic device to the headphone playback device [i.e., audio output device] if the current status of the audio output device is worn (abstract; fig.1, 2, 4; col.2, lines 15-32, 50-61, col.3, lines 41-65); and
route the audio output signal to a speaker playback device 125 in fig.1 [i.e., audio output] of the electronic device if the current status of the audio output device is unworn (fig.1, 2, 4; col.2, lines 33-43, col.3, lines 41-65).
Regarding claims 2 and 8, NICHOLSON teaches wherein the audio output device comprises: an earbud having one IMU; or a set of two earbuds with a first IMU arranged in a first one of the two earbuds and a second IMU arranged in a second one of the two earbuds; or a set of headphones with a first IMU arranged in a first earphone unit of the set of headphones and a second IMU arranged in a second earphone unit of the set of headphones (fig.1, 2).
Regarding claims 3 and 9, NICHOLSON teaches wherein the electronic device is a smart phone, a tablet, an e-reader, a wearable device, a smart watch, a laptop, a gaming device, a computer, a stereo, a tuner, a smart home device, a home automation device, a camera, a television, an appliance, a fitness device, or a vehicle (fig.1, 2, 4; col.2, lines 15-32).
Regarding claims 4 and 10, NICHOLSON teaches wherein the current status of the audio output device as worn includes partially worn (fig.1, 2; col.2, lines 15-32).
Regarding claims 6 and 12, NICHOLSON teaches wherein the system further comprises a status indicator of the audio output device, and the at least one processor is further configured to change a status of the status indicator based on the received data (fig.1, 2; col.2, lines 15-32).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nicholson (U.S. Patent No. 9,338,540) further in view of GONG (Chinese Pub. No. CN109413555A).
Regarding claims 5 and 11, NICHOLSON teaches wherein the at least one processor is further configured to, after routing the audio output signal from the electronic device to the audio output device if the current status of the audio output device is worn (fig.1, 2, 4; col.2, lines 33-43, col.3, lines 41-65) and
periodically determine the current status of the audio output device from the received data as either worn or unworn, continue to route the audio output signal from the electronic device to the audio output device if the determined current status of the audio output device is worn, and cease routing the audio output signal to the audio output device and beginning to route the audio output signal to the audio output of the electronic device if the determined current status of the audio output device is unworn (fig.1; col.2, lines 33-43, col.3, lines 41-65).
However, NICHOLSON does not specifically teach periodically re-determine the current status of the audio output device and re-determined current status of the audio output device is worn as well as if the re-determined current status of the audio output device is unworn. GONG teaches periodically re-detect [i.e., re-determine] the current status of the audio output device and re-detected [i.e., re-determined] current status of the audio output device is worn as well as if the re-determined current status of the audio output device is unworn (last step of S260, “when the electronic device is in an audio output state, detecting whether to audio playing through the earphone, if detected by the earphone to audio playing, detecting whether the earphone is in the worn state, if detecting that the earphone is in a worn state to first volume for audio output. the volume of the audio the method so as to make the electronic device when the earphone audio output, according to the wearing state of the earphone to determine the output, so when detecting that the earphone is not worn to less than the volume to be output, and after detecting that the earphone is in the worn state, not only can the second volume for audio output, it can re-detects the content corresponding to the time that the audio in the earphone is not worn state for audio output to play from the audio. not only can make the user not wearing the earphone can not be missed for further audio content has been played, electric quantity, it also can save the earphone and an electronic device”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify NICHOLSON to incorporate the feature of periodically re-determine the current status of the audio output device and re-determined current status of the audio output device is worn as well as if the re-determined current status of the audio output device is unworn in NICHOLSON’s invention as taught by GONG. The motivation for the modification is to do so in order to recheck the status information for providing additional benefit out of rechecking the status.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD S ELAHEE whose telephone number is (571)272-7536. The examiner can normally be reached on Monday thru Friday; 8:30AM to 5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R. Edwards can be reached on 571-272-7547136. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MD S ELAHEE/
MD SHAFIUL ALAM ELAHEE
Primary Examiner,
Art Unit 2694
September 5, 2026
