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
This is the initial office action that has been issued in response to patent application, 19/198,380, filed on 05/05/2025. Claims 1-20 are currently pending and have been considered below. Claims 1, 16 and 20 are independent claims.
Drawings
The drawings filed on 05/05/2025 are accepted by the examiner.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Maizels (US 2023/0230594) in view of Shaffer (US Publication No. 2011/0181526 A1).
Regarding Claim 1:
Maizels discloses:
A system for selectively employing a processing mode based on a continuous gesture, the system comprising: a wearable housing configured to be worn on a head of an individual(Maizels, [0046], System 18 is based on a sensing device 20, in which a bracket, in the form of an ear clip 22, fits over the ear of a user 24 of the device. An earphone 26 attached to ear clip 22 fits into the user's ear. An optical sensing head 28 is connected by a short arm 30 to ear clip 22 (e.g., an AirPod) and thus is held in a location in proximity to the user's face. In the pictured embodiment, device 20 has the form and appearance of a clip-on headphone, with the optical sensing head in place of (or in addition to) the microphone);
at least one sensor associated with the wearable housing, the at least one sensor configured to capture data indicative of facial micromovements(Maizels, [0048], Optical sensing head 28 directs one or more beams of coherent light toward different, respective locations on the face of user 24, thus creating an array of spots 32 extending over an area 34 of the face (and specifically over the user's cheek) [0049], Optical sensing head 28 senses the coherent light that is reflected from spots 32 the face and outputs a signal in response to the detected light. Specifically, optical sensing head 28 senses the secondary coherent light patterns that arise due to reflection of the coherent light from each of spots 32 within its field of view).;
and at least one processor configured to: detect, during a period when the at least one sensor captures the data, an existence of a mode-selection gesture by the individual(Maizels, [0052], User control 35 senses gestures performed by user, such as pressing on user control 35 or otherwise bringing the user's finger or hand into proximity with the user control. In response to the appropriate user gesture, the processing circuitry changes the operational state of device 20… user 24 may switch device 20 from an idle mode to an active mode in this fashion, and thus signal that the device should begin sensing and generating a speech output. [0062], While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech… a processor of device 20 instructs to increase the frame rate…);
initially implement a first mode for processing the facial micromovements(Maizels, [0062], , sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. )
following the continuous detection of the mode-selection gesture, detect a cessation of the mode-selection gesture(Maizels, [0062], sensing device 20 operates in a low-power idle mode, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement);
and upon detection of the cessation of the mode-selection gesture, cease implementation of the first mode, and implement a second mode different from the first mode(Maizels, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement; [0062], sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. When such movement is detected, a processor of device 20 instructs to increase the frame rate, for example to the range of 100-200 frames/sec, to enable detection of changes in the secondary coherent light (e.g., speckle) patterns that occur due to silent speech).
Maizels does not disclose
upon detecting the existence of the mode-selection gesture,
following the initial implementation of the first mode, continuously detect the mode- selection gesture
in response to the continuous detection of the mode-selection gesture, continuously implement the first mode for processing the data indicative of the facial micromovements
Shaffer discloses:
upon detecting the existence of the mode-selection gesture, (Shaffer, [0138], an event or sub-event is received that is part of a begin sequence of event(s) and/or sub-event(s) in a given gesture definition, continuous event recognizer state machine 402 will transition to event began state 412. Similar to discrete gesture recognizer 400, even if the received event or sub-event comprises part of a begin sequence of event(s) and/or sub-event(s) in the gesture definition,);
following the initial implementation of the first mode, continuously detect the mode- selection gesture(Shaffer, [0165], the sub-event sequence comprises a pan gesture involving multiple intermediary sub-events, and the view has two gesture recognizers: a single tap gesture recognizer and a pan gesture recognizer. Also in this example, both gesture recognizers are allowed to simultaneously recognize the sub-event sequence. [0166], … gesture recognizers are in event possible state 410. Even after detecting a finger down sub-event (sequence #1) and measuring a delay (sequence #2), the single tap gesture recognizer remains in event possible state 410, while the pan gesture recognizer transitions into event began state 412. In response to detecting a finger movement (sequence #3), [0218], the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture.));
in response to the continuous detection of the mode-selection gesture, continuously implement the first mode for processing the data indicative of the facial micromovements(Shaffer, [0218], The discrete gesture recognizer is configured to send a single action message in response to a respective gesture, and the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture. [0238], The device processes (810) each of the touches using one or more of the gesture recognizers. [0241], the device requests (818) additional information from the respective gesture recognizer.).
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Shaffer’s continuous gesture recognition, to ensure continued recognition of the gesture and continued execution of the associated processing mode while the gesture is maintained, as taught by Shaffer, in order to enhance reliable and responsive user control of the processing mode.
The motivation is to ensure that the selected processing mode remains active for the duration of the continuously detected user gesture.
Regarding Claim 2:
The system of claim 1, Maizels in view of Shaffer disclose wherein the first mode includes a message-composition function(Maizels,[0050], The speech output may take the form of a synthesized audio signal or a textual transcription, or both. In that regard, the silent speech detection can be readily implemented as nerve-to-text application, such as, for example, directly transcribing silent speech into an email draft, [0057], The text and/or audio output from speech generation application 80 is also input to other applications 84, such as voice and/or text communication applications, as well as a recording application. [0064], speech generation application 80 outputs a stream of words, which are concatenated together into sentences, at a speech output step 424…).
Regarding Claim 3:
The system of claim1, Maizels in view of Shaffer disclose wherein the mode-selection gesture is at least one of a hand gesture, a head gesture, eye gazing, or a facial expression(Mailzels, [0052], User control 35 senses gestures performed by user, such as pressing on user control 35 or otherwise bringing the user's finger or hand into proximity with the user control. In response to the appropriate user gesture, the processing circuitry changes the operational state of device 20… , a processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement).
Regarding Claim 5:
The system of claim 1, Maizels in view of Shaffer disclose wherein the at least one processor is configured to detect the existence of the mode-selection gesture or the cessation of the mode-selection gesture based on output of the at least one sensor(Maizels, [0062], While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech. [0049], Optical sensing head 28 senses the coherent light that is reflected from spots 32 the face and outputs a signal in response to the detected light. [0052], a processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement).
Regarding Claim 6:
The system of claim 1, Maizels in view of Shaffer disclose wherein the at least one sensor includes at least one of an optical sensor, bioelectric sensor, acoustic sensor, or time-of-flight sensor(Maizels, [0049], Optical sensing head 28 senses the coherent light that is reflected from spots 32 the face and outputs a signal in response to the detected light. [0040], an optical sensing head is held in a location in proximity to the user's face by a bracket that fits in or over the user's ear. The optical sensing head senses coherent light reflected from the face, for example by directing coherent light toward an area of the face, such as the cheek, and sensing changes in the coherent light pattern that arises due to reflection of the coherent light from the face. [0054], Nasal electrodes 64 and temporal electrodes 66 are attached to frame 62 and contact the user's skin surface. Electrodes 64 and 66 receive body surface electromyogram (sEMG) signals,).
Regarding Claim 7:
The system of claim 1, Maizels in view of Shaffer disclose wherein the at least one processor is configured to detect the existence of the mode-selection gesture or the cessation of the mode-selection gesture based on output of at least one detector other than the at least one sensor(Maizels, [0052], device 20 also comprises a user control 35, for example in the form of a push-button or proximity sensor, which is connected to ear clip 22. User control 35 senses gestures performed by user, such as pressing on user control 35 or otherwise bringing the user's finger or hand into proximity with the user control. In response to the appropriate user gesture, the processing circuitry changes the operational state of device 20.)
Regarding Claim 8:
The system of claim 7, Maizels in view of Shaffer disclose wherein the at least one detector is part of a wirelessly paired computing device(Maizels, [0051], the processing circuitry within device 20 may digitize and encode the signals output by optical sensing head 28 and transmit the encoded signals over the communication link to smartphone 36. [0056], some or all of the processing capabilities attributed to smartphone 36 may be implemented in sensing device; or the sensing capabilities of device 20 may be implemented in smartphone 36. [0057], Sensing device 20 transmits the encoded signals via a communication interface of the device, such as a Bluetooth interface, to a corresponding communication interface 77 in smartphone 36.).
Regarding Claim 9:
The system of claim 1, Maizels in view of Shaffer disclose wherein a sampling frequency of the first mode is greater than the sampling frequency of the second mode (Maizels, [0062], As long as user 24 is not speaking, sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec… a processor of device 20 instructs to increase the frame rate, for example to the range of 100-200 frames/sec, to enable detection of changes in the secondary coherent light (e.g., speckle) patterns that occur due to silent speech).
Regarding Claim 10:
The system of claim 1, Maizels in view of Shaffer disclose wherein the first mode is used for executing a first action and the second mode is used for executing a second action(Maizels, [0062], a processor of device 20 instructs to increase the frame rate, for example to the range of 100-200 frames/sec, to enable detection of changes in the secondary coherent light (e.g., speckle) patterns that occur due to silent speech. As long as user 24 is not speaking, sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410…)
Regarding Claim 11:
The system of claim 10, Maizels in view of Shaffer disclose wherein the first action includes generating a message based on non- vocalized words articulated during the mode-selection gesture and the second action includes a function other than message generation(Maizels, [0050], even without vocalization of the speech or utterance of any other sounds. [0057], a sequence of words, in the form of text and/or an audio output signal. [0062], it processes the images to detect a movement of the face that is indicative of speech) .
Regarding Claim 12:
The system of claim 10, Maizels in view of Shaffer disclose wherein the first action is associated with a private output, and the second action is associated with a non-private output(Maizels, [0039], The disclosed deciphering techniques enable users to communicate with others or to record their own thoughts silently, in a manner that is substantially imperceptible to other parties and is also insensitive to ambient noise. [0050], The speech output may take the form of a synthesized audio signal or a textual transcription, or both… The synthesized audio signal may be played back via the speaker in earphone 26 (and is useful in giving user 22 feedback with respect to the speech output). [0064], the speech output is used to synthesize an audio signal, for playback via speaker 26).
Regarding Claim 13:
The system of claim 10, Maizels in view of Shaffer disclose wherein the first action includes determining nonvocalized words and the second action includes at least one of: sending a message with specific nonvocalized words articulated during the mode-selection gesture, storing the specific nonvocalized words in a database, or translating the specific nonvocalized words(Maizels, [0050], even without vocalization of the speech or utterance of any other sounds. [0057], Speech generation application 80 converts the features in the output signal to a sequence of words, in the form of text and/or an audio output signal. [0064], speech generation application 80 outputs a stream of words, which are concatenated together into sentences. [0097], Alternatively, human-human communication can be made via 3rd party applications such as instant messaging apps, in which case, the inner speech is converted into text and transmitted to the other side's device.).
Regarding Claim 14:
The system of claim 10, Maizels in view of Shaffer disclose wherein the at least one processor is configured to receive a selection of a type of first action to execute prior to detecting the existence of the mode-selection gesture(Maizels, [0052], the user may activate the device, using, for example, a touch button on the device, or from an application in a mobile phone. [0057], voice and/or text communication applications, as well as a recording application.).
Regarding Claim 15:
The system of claim 10, Maizels in view of Shaffer disclose wherein the at least one processor is configured to receive a selection of settings associated with the first action prior to detecting the existence of the mode-selection gesture(Maizels, [0058}, interface 82 may indicate to a processor of device 20 which temporal and spectral features to extract from the signals output by receiver module 48 and may provide speech generation application 80 with coefficients of a neural network, which converts the features to words. [0092], the outcome of these algorithms is used for optimizing the parameters of the motion to language algorithms. [0093], a pre-defined word set. [0094], word set can be personalized over time, [0095], the context of the conversation in the input of the words).
Regarding Claim 16:
Maizels disclose:
A method for selectively employing a processing mode based on a continuous gesture, the method comprising: capturing data indicative of facial micromovements of an individual(Maizels, [0048], Optical sensing head 28 directs one or more beams of coherent light toward different, respective locations on the face of user 24, thus creating an array of spots 32 extending over an area 34 of the face (and specifically over the user's cheek) [0049], Optical sensing head 28 senses the coherent light that is reflected from spots 32 the face and outputs a signal in response to the detected light. Specifically, optical sensing head 28 senses the secondary coherent light patterns that arise due to reflection of the coherent light from each of spots 32 within its field of view);
detecting, during a period when the data is captured, an existence of a mode-selection gesture by the individual(Maizels, [0052], User control 35 senses gestures performed by user, such as pressing on user control 35 or otherwise bringing the user's finger or hand into proximity with the user control. In response to the appropriate user gesture, the processing circuitry changes the operational state of device 20… user 24 may switch device 20 from an idle mode to an active mode in this fashion, and thus signal that the device should begin sensing and generating a speech output. [0062], While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech… a processor of device 20 instructs to increase the frame rate…);
initially implementing a first mode for processing the facial micromovements (Maizels, [0062], , sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. );
following the continuous detection of the mode-selection gesture, detecting a cessation of the mode-selection gesture(Maizels, [0062], sensing device 20 operates in a low-power idle mode, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement);
and upon detection of the cessation of the mode-selection gesture, ceasing implementation of the first mode, and implementing a second mode different from the first mode(Maizels, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement; [0062], sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. When such movement is detected, a processor of device 20 instructs to increase the frame rate, for example to the range of 100-200 frames/sec, to enable detection of changes in the secondary coherent light (e.g., speckle) patterns that occur due to silent speech).
Maizels does not disclose:
upon detecting the existence of the mode-selection gesture
following the initial implementation of the first mode, continuously detecting the mode- selection gesture
in response to the continuous detection of the mode-selection gesture, continuously implementing the first mode for processing the data indicative of the facial micromovements
Shaffer discloses:
upon detecting the existence of the mode-selection gesture(Shaffer, [0138], an event or sub-event is received that is part of a begin sequence of event(s) and/or sub-event(s) in a given gesture definition, continuous event recognizer state machine 402 will transition to event began state 412. Similar to discrete gesture recognizer 400, even if the received event or sub-event comprises part of a begin sequence of event(s) and/or sub-event(s) in the gesture definition,);
following the initial implementation of the first mode, continuously detecting the mode- selection gesture(Shaffer, [0165], the sub-event sequence comprises a pan gesture involving multiple intermediary sub-events, and the view has two gesture recognizers: a single tap gesture recognizer and a pan gesture recognizer. Also in this example, both gesture recognizers are allowed to simultaneously recognize the sub-event sequence. [0166], … gesture recognizers are in event possible state 410. Even after detecting a finger down sub-event (sequence #1) and measuring a delay (sequence #2), the single tap gesture recognizer remains in event possible state 410, while the pan gesture recognizer transitions into event began state 412. In response to detecting a finger movement (sequence #3), [0218], the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture.));
in response to the continuous detection of the mode-selection gesture, continuously implementing the first mode for processing the data indicative of the facial micromovements(Shaffer, [0218], The discrete gesture recognizer is configured to send a single action message in response to a respective gesture, and the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture. [0238], The device processes (810) each of the touches using one or more of the gesture recognizers. [0241], the device requests (818) additional information from the respective gesture recognizer.).
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Shaffer’s continuous gesture recognition, to ensure continued recognition of the gesture and continued execution of the associated processing mode while the gesture is maintained, as taught by Shaffer, in order to enhance reliable and responsive user control of the processing mode.
The motivation is to ensure that the selected processing mode remains active for the duration of the continuously detected user gesture.
Regarding Claim 17:
The method of claim 16, Maizels in view of Shaffer disclose wherein a duration of the mode-selection gesture is between 1 to 10 seconds(Shaffer, [0235], A tap gesture recognizer is configured to recognize a tap gesture; a swipe gesture recognizer is configured to recognize a swipe gesture (e.g., a flick of a touch on a touch-sensitive surface); a long press gesture recognizer is configured to recognize a long press gesture (e.g., a press and hold of a touch)).
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Shaffer’s continuous gesture recognition, to ensure that an intentional mode-selection gesture is distinguished from brief or inadvertent user input as taught by Shaffer, in order to enhance accuracy and reliability of gesture-based mode selection.
The motivation is to ensure reliable differentiation between an intentional sustained mode-selection gesture and brief or inadvertent user input.
Regarding Claim 18:
The method of claim 16, Maizels in view of Shaffer disclose wherein implementing the first mode includes generating a message based on words articulated in an absence of perceptible vocalization by the individual(Maizels, [0050], the processing circuitry is capable of sensing movements of the skin of user 22 and generating the speech output, even without vocalization of the speech or utterance of any other sounds… directly transcribing silent speech into an email draft. [0036], no sounds are emitted from the mouth. [0037], articulate words and sentences without actually vocalizing the words or uttering any sounds at all.)
Regarding Claim 19:
The method of claim 18, Maizels in view of Shaffer disclose further comprising: determining additional words articulated in an absence of perceptible vocalization by the individual while the additional instance of the mode-selection gesture is detected(Maizels, [0036], no sounds are emitted from the mouth, [0037], articulate words and sentences without actually vocalizing the words or uttering any sounds at all.) ;
and joining the words and the additional words into a single message(Maizels, [0064], speech generation application 80 outputs a stream of words, [0050], directly transcribing silent speech into an email draft).
detecting an additional instance of the mode- selection gesture within a predefined time period after the detection of the cessation of the mode- selection gesture(Shaffer, [0127], Gesture recognizers may include a discrete gesture recognizer and a continuous gesture recognizer. A discrete gesture recognizer is typically useful in recognizing a brief gesture occurring within a predefined time period (e.g., tap or swipe gesture), but more fundamentally is for recognizing a gesture );
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Shaffer’s continuous gesture recognition, to ensure that temporally related gesture inputs are recognized as part of a continuing user interaction as taught by Shaffer, in order to enhance continuity and responsiveness of gesture-based user control.
The motivation is to ensure that temporally related user inputs are recognized and processed as part of continuing user interaction.
Regarding Claim 20:
Maizels discloses:
A non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for selectively employing a processing mode based on a continuous gesture, the operations comprising: capturing data indicative of facial micromovements of an individual(Maizels, [0048], Optical sensing head 28 directs one or more beams of coherent light toward different, respective locations on the face of user 24, thus creating an array of spots 32 extending over an area 34 of the face (and specifically over the user's cheek) [0049], Optical sensing head 28 senses the coherent light that is reflected from spots 32 the face and outputs a signal in response to the detected light. Specifically, optical sensing head 28 senses the secondary coherent light patterns that arise due to reflection of the coherent light from each of spots 32 within its field of view);
detecting, during a period when the data is captured, an existence of a mode-selection gesture by the individual(Maizels, [0052], User control 35 senses gestures performed by user, such as pressing on user control 35 or otherwise bringing the user's finger or hand into proximity with the user control. In response to the appropriate user gesture, the processing circuitry changes the operational state of device 20… user 24 may switch device 20 from an idle mode to an active mode in this fashion, and thus signal that the device should begin sensing and generating a speech output. [0062], While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech… a processor of device 20 instructs to increase the frame rate…);
initially implementing a first mode for processing the facial micromovements(Maizels, [0062], , sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. );
following the continuous detection of the mode-selection gesture, detecting a cessation of the mode-selection gesture(Maizels, [0062], sensing device 20 operates in a low-power idle mode, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement);
and upon detection of the cessation of the mode-selection gesture, ceasing implementation of the first mode, and implementing a second mode different from the first mode(Maizels, [0052], processor or of device 20 can automatically switch from idle mode to high power consumption mode based on differing trigger types, such as a sensed input (e.g., eye blinks or mouth slightly open, or a pre-set sequence of motions like tongue movement; [0062], sensing device 20 operates in a low-power idle mode in order to conserve power of its battery, at an idling step 410. This mode may use a low frame rate, for example twenty frames/sec. While device 20 operates at this low frame rate, it processes the images to detect a movement of the face that is indicative of speech, at a motion detection step 112. When such movement is detected, a processor of device 20 instructs to increase the frame rate, for example to the range of 100-200 frames/sec, to enable detection of changes in the secondary coherent light (e.g., speckle) patterns that occur due to silent speech).
Maizels does not disclose:
upon detecting the existence of the mode-selection gesture
following the initial implementation of the first mode, continuously detecting the mode- selection gesture
in response to the continuous detection of the mode-selection gesture, continuously implementing the first mode for processing the data indicative of the facial micromovements
Shaffer discloses:
upon detecting the existence of the mode-selection gesture(Shaffer, [0138], an event or sub-event is received that is part of a begin sequence of event(s) and/or sub-event(s) in a given gesture definition, continuous event recognizer state machine 402 will transition to event began state 412. Similar to discrete gesture recognizer 400, even if the received event or sub-event comprises part of a begin sequence of event(s) and/or sub-event(s) in the gesture definition,),
following the initial implementation of the first mode, continuously detecting the mode- selection gesture(Shaffer, [0165], the sub-event sequence comprises a pan gesture involving multiple intermediary sub-events, and the view has two gesture recognizers: a single tap gesture recognizer and a pan gesture recognizer. Also in this example, both gesture recognizers are allowed to simultaneously recognize the sub-event sequence. [0166], … gesture recognizers are in event possible state 410. Even after detecting a finger down sub-event (sequence #1) and measuring a delay (sequence #2), the single tap gesture recognizer remains in event possible state 410, while the pan gesture recognizer transitions into event began state 412. In response to detecting a finger movement (sequence #3), [0218], the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture.));
in response to the continuous detection of the mode-selection gesture, continuously implementing the first mode for processing the data indicative of the facial micromovements(Shaffer, [0218], The discrete gesture recognizer is configured to send a single action message in response to a respective gesture, and the continuous gesture recognizer configured to send action messages at successive recognized sub-events of a respective recognized gesture. [0238], The device processes (810) each of the touches using one or more of the gesture recognizers. [0241], the device requests (818) additional information from the respective gesture recognizer.).
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Shaffer’s continuous gesture recognition, to ensure continued recognition of the gesture and continued execution of the associated processing mode while the gesture is maintained, as taught by Shaffer, in order to enhance reliable and responsive user control of the processing mode.
The motivation is to ensure that the selected processing mode remains active for the duration of the continuously detected user gesture.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Maizels(US Publication No. 2023/0230594) in view of Shaffer(US Publication No. 2011/0181526 A1) in further view of Plagemann(US Publication No. 20150309681 A1).
Regarding Claim 4:
Maizels in view of Schaffer disclose:
The system of claim 1…
Maizels in view of Schaffer does not disclose:
wherein the mode-selection gesture includes portions of a hand in proximity to a mouth of the individua
Plagemann discloses:
wherein the mode-selection gesture includes portions of a hand in proximity to a mouth of the individual(Plagemann, [0030], a distance may be calculated between the user's hand or wrist 370 and a reference point such as the user's head or shoulder 350. [0035], The first distance may be the distance between a user's hand and the reference point, for example. The reference point may be a user's head, shoulder, or a display. [0036], a depth camera sensor that senses the position and movement of items (including users) within the field of view of the depth camera. The received sensor data may be utilized to identify various components of the user's body (e.g., the user's hand, elbow, wrist, and the left and right arms)).
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Maizels’s facial-movement wake-up wearable by enhancing Maizels’s systems for detecting a mode-selection gesture with Plagemann proximity-based hand gesture detection to ensure reliable recognition of a user’s intentional gesture based on the position of the users hand, as taught by Plagemann, in order to enhance accuracy and intuitive user control of the wearable device.
The motivation is to ensure reliable differentiation and recognition of an intentional mode-selectin gesture based on the proximity of the user’s hand to the facial head region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYASA SHAAWAT whose telephone number is (571)272-3939. The examiner can normally be reached on M-F, 8 AM TO 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, JEFFREY PWU can be reached on (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAYASA SHAAWAT/
Examiner, Art Unit 2433
/JEFFREY C PWU/Supervisory Patent Examiner, Art Unit 2433
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