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 .
The instant application having application No. 19/199,497 of WU et al. for “WEARABLE DEVICE AND COMMUNICATION METHOD” submitted May 06, 2025 has been examined.
Drawings Figures 1-3 submitted on May 06, 2025 are in compliance with the provisions of 37 CFR 1.121(d).
Information Disclosure Statements
The information disclosure statements (IDSs) submitted on May 12, 2025 is being considered by the examiner.
Claim Rejections - 35 USC § 102/103
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 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.
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 of this title, 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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over by the Prior Art of CHAUM (U.S. Publication No. 2010/0110368 A1) hereinafter “Chaum” in view of the Prior Art of O’DRISCOLL (U.S. Publication No. 2018/0076524 A1) hereinafter “O’Driscoll”.
As to claim 1, Chaum discloses a wearable device and method (electronic device 10, 210,10, 510 of eyeglass frame 12, 212, 312, 512, shown in Figures 1A, 1B, 1C, 2, 5A, 5B, 5C and described in Paragraphs 0067-0071 and 0082-0085, meet the claimed limitations [i.e. a wearable device]; See also Figures 14A, 14B and Paragraphs 0073-0077) for detecting a human body portion (skull, finger [i.e. detecting a human body portion], described in Paragraphs 0070-0074 and 0103-0104), comprising: a frame element (eyeglass frame 16, 216, 316, 516, shown in Figures 1A, 1C, 2, 5A, 5B, 5C and described in Paragraphs 0067-0071 and 0082-0085, meet the claimed limitations [i.e. a frame element]); an extension element (first and second temples or side arms 14 (only one of which is visible in the side view of FIG. 1A), 214, 314, 514, shown in Figures 1A, 1B, 1C, 2, 5A, 5B, 5C and described in Paragraphs 0067-0071 and 0082-0085, meet the claimed limitations [i.e. an extension element]), connected to the frame element (the eyeglass frame 512, including the side of the optic frame 516, and along the side arm 514, described in Paragraph 0084, meet the claimed limitations [i.e. connected to the frame element]); a plurality of capacitive sensors (sensor/s 546, shown in Figure 5B, sensor 546 that the user touches… the touch sensor can be a capacitive sensor… The sensors generate a signal as a function of the pressure applied by the user, described in Paragraphs 0084 and 0103-0104, meet the claimed limitations [i.e. a plurality of capacitive sensors]), disposed on the extension element (the touch sensors 546 staggered along the length of the side arm 514, shown in Figure 5B and described in Paragraph 0084, meet the claimed limitations [i.e. a plurality of capacitive sensors, disposed on the extension element]), and arranged along a first direction, wherein the capacitive sensors generate a first sensing signal relative to the human body portion (Touch sensors 546 are shown as two alternating or staggered rows of discrete sensor strips. When the user touches the side arm 514, the touch sensors 546 staggered along the length of the side arm 514 can identify where along the side arm the user has made contact. The sensor 546 that the user touches sends a signal to the on-board computer, and the location of the sensor can indicate a particular command, such as turning on a camera or uploading a photograph, described in Paragraph 0084, meet the claimed limitations [i.e. arranged along a first direction, wherein the capacitive sensors generate a first sensing signal relative to the human body portion]); a plurality of bone conduction transducers, disposed on the extension element, and arranged along a second direction, wherein the bone conduction transducers generate a second sensing signal relative to the human body portion (eyeglass frame 212 includes electrical/optical components 232 mounted on the nose pads 222 of the eyeglass frame 212. In one embodiment, the electrical/optical components 232 mounted on the nose pads 222 are bone conduction devices that transmit audio signals to the wearer by vibration transmitted directly to the wearer's skull, shown in Figure 2, described in Paragraph 0070 and the bone conduction sensor 1473a and 1473b, the signals from the two sensors 1473a, 1473b to create an output signal based on the model of the user's speech, shown in Figures 14A, 14B and described in Paragraphs 0073-0079, meet the claimed limitations [i.e. a plurality of bone conduction transducers, disposed on the extension element, and arranged along a second direction, wherein the bone conduction transducers generate a second sensing signal relative to the human body portion]); an antenna element (An antenna 25, shown in Figures 1A and described in Paragraph 0068, meet the claimed limitations [i.e. an antenna element]), disposed on the frame element or the extension element (antenna 25 is disposed on the extension element 14, shown in Figures 1A).
Chaum does not expressly disclose a tuning circuit, coupled to the antenna element, wherein the tuning circuit provides a variable impedance value according to the first sensing signal and the second sensing signal.
O’Driscoll discloses a tuning circuit, that is coupled to the antenna, wherein the tuning circuit provides a variable impedance and adjust its impedance based on an input signal (described in Paragraphs 0083-0085).
Thus, given the device and method disclosed by Chaum and having the teaching of O’Driscoll disclosing a tuning circuit coupled to the antenna to provide variable impedance that is also well-known and conventional in the art, it would have been obvious to one with ordinary skill in this art at the time of the effective filing date of the claimed invention to modify the device and method of Chaum by incorporating the tuning circuit, that is coupled to the antenna, wherein the tuning circuit provides a variable impedance and adjust its impedance based on input signals disclosed by O’Driscoll, in order to have a wearable device for detecting a human body portion, comprising: a frame element; an extension element, connected to the frame element; a plurality of capacitive sensors, disposed on the extension element, and arranged along a first direction, wherein the capacitive sensors generate a first sensing signal relative to the human body portion; a plurality of bone conduction transducers, disposed on the extension element, and arranged along a second direction, wherein the bone conduction transducers generate a second sensing signal relative to the human body portion; an antenna element, disposed on the frame element or the extension element; and a tuning circuit, coupled to the antenna element, wherein the tuning circuit provides a variable impedance value according to the first sensing signal and the second sensing signal, for the obvious advantages of providing a device and method that with a system flexibility to obtaining adjustable impedance suggested by O’Driscoll (See Paragraphs 0004-0008).
As to claim 2, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the wearable device is a pair of smart eyeglasses with a function of wireless communication (electrical/optical components mounted in the eyeglass frame can include input devices such as touch sensors and microphones, which enable the user to input instructions or content to the device, described in Paragraphs 0007 and 0065, meet the claimed limitations [i.e. wherein the wearable device is a pair of smart eyeglasses with a function of wireless communication]).
As to claim 3, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the human body portion is an ear (The two optic frames 16 and nose bridge 20 make up the front face 17 of the frame 12. Each side arm 14 includes an elbow 24 where the arm curves or bends to form an ear hook 26 which rests behind the wearer's ear, described in Paragraph 0067, meet the claimed limitations [i.e. wherein the human body portion is an ear]).
As to claim 4, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the frame element is a glasses frame (eyeglass frame 12, 212, 312, 512, shown in Figures 1A, 1B, 1C, 2, 5A, 5B, 5C and described in Paragraphs 0067-0071 and 0082-0085, meet the claimed limitations [i.e. wherein the frame element is a glasses frame]).
As to claim 5, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the extension element is a temple (shown in Figures 1A, 1B, 5B, 6E, meet the claimed limitations [i.e. wherein the extension element is a temple]).
As to claim 6, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the extension element comprises a main segment, a first branch and a second branch, and both the first branch and the second branch are connected to the main segment (shown in Figures 1A -1C, 2, 5A - 5C, 6A - 6F and 7A - 7C, meet the claimed limitations [i.e. wherein the extension element comprises a main segment, a first branch and a second branch, and both the first branch and the second branch are connected to the main segment]).
As to claim 7, the combination of Chaum and O’Driscoll further discloses the aspects of claim 6 further Chaum discloses wherein the capacitive sensors are adjacent to the human body portion, and are distributed over the main segment and the first branch (touch sensor 546, shown in Figure 5B and described in Paragraph 0084, meet the claimed limitations [i.e. wherein the capacitive sensors are adjacent to the human body portion, and are distributed over the main segment and the first branch]).
As to claim 8, the combination of Chaum and O’Driscoll further discloses the aspects of claim 6 further Chaum discloses wherein the bone conduction transducers are adjacent to the human body portion, and are distributed over the first branch and the second branch (eyeglass frame 212 includes electrical/optical components 232 mounted on the nose pads 222 of the eyeglass frame 212. In one embodiment, the electrical/optical components 232 mounted on the nose pads 222 are bone conduction devices that transmit audio signals to the wearer by vibration transmitted directly to the wearer's skull, shown in Figure 2, described in Paragraph 0070 and the bone conduction sensor 1473a and 1473b, the signals from the two sensors 1473a, 1473b to create an output signal based on the model of the user's speech, shown in Figures 14A, 14B and described in Paragraphs 0073-0079, meet the claimed limitations [i.e. a wherein the bone conduction transducers are adjacent to the human body portion, and are distributed over the first branch and the second branch]).
As to claim 9, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further having Chaum’s disclosure that discloses the touch sensors 546 staggered along the length of the side arm 514 (shown in Figure 5B), it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to further modify the combination of Chaum and O’Driscoll in order to have wherein a distance between any two adjacent capacitive sensors is longer than or equal to 5 mm, as it would be achieved by a routine experimentation to have a desired distance between component to obtain expected result without involving any inventive steps.
As to claim 10, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further having Chaum’s disclosure that discloses the touch sensors 546 staggered along the length of the side arm 514 (shown in Figure 5B), it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to further modify the combination of Chaum and O’Driscoll in order to have wherein a minimum distance between the capacitive sensors and the antenna element is shorter than or equal to 5 mm, as it would be achieved by a routine experimentation to have a desired distance between component to obtain expected result without involving any inventive steps.
As to claim 11, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the first direction and the second direction are different from each other (shown in Figures 6E and 6F, meet the claimed limitations [i.e. wherein the first direction and the second direction are different from each other]).
As to claim 12, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the second direction is substantially perpendicular to the first direction (shown in Figures 6E and 6F, meet the claimed limitations [i.e. wherein the second direction is substantially perpendicular to the first direction]).
As to claim 13, the combination of Chaum and O’Driscoll further discloses the aspects of claim 1 further Chaum discloses wherein the bone conduction transducers transmit an acoustic signal to the human body portion, and then receive an echo signal from the human body portion (electrical/optical components on the eyeglass device, such as audio transducers, the eyeglass device can provide a virtual reality experience with images and sound. The virtual reality application can even combine elements from the user's surroundings with virtual elements, described in Paragraphs 0068 and 0089, meet the claimed limitations [i.e. wherein the bone conduction transducers transmit an acoustic signal to the human body portion, and then receive an echo signal from the human body portion]).
As to claim 14, the combination of Chaum and O’Driscoll further discloses the aspects of claim 13 further Chaum discloses wherein the bone conduction transducers generate the second sensing signal according to the echo signal (electrical/optical components on the eyeglass device, such as audio transducers, the eyeglass device can provide a virtual reality experience with images and sound. The virtual reality application can even combine elements from the user's surroundings with virtual elements, described in Paragraphs 0068 and 0089, meet the claimed limitations [i.e. wherein the bone conduction transducers generate the second sensing signal according to the echo signal]).
As to claim 15, the combination of Chaum and O’Driscoll further discloses the aspects of claim 13 further Chaum discloses wherein the bone conduction transducers are operated in an initial mode or a normal mode (example a switch on the side arm can put the eyeglass device into sleep mode, to save battery life, or can turn a ringer on or off, or can switch to vibrate mode, or can turn the entire device off, described in Paragraph 0108, meet the claimed limitations [i.e. wherein the bone conduction transducers are operated in an initial mode or a normal mode]).
As to claim 16, the combination of Chaum and O’Driscoll further discloses the aspects of claim 15 further Chaum disclosure that discloses various types of application and frequencies including the electrical/optical components can also include environmental sensors, such as cameras or other monitors or sensors, and communications devices such as a wireless antenna for transmitting or receiving content (e.g., using Bluetooth) and/or power (described in Paragraphs 0007 and 0065-0066), it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to further modify the combination of Chaum and O’Driscoll in order to have wherein in the initial mode, a frequency of the acoustic signal is lower than or equal to 30 KHz, as it would be achieved by a routine experimentation to have a desired communication effect to obtain expected result without involving any inventive steps.
As to claim 17, the combination of Chaum and O’Driscoll further discloses the aspects of claim 15 further Chaum disclosure that discloses various types of application and frequencies including the electrical/optical components can also include environmental sensors, such as cameras or other monitors or sensors, and communications devices such as a wireless antenna for transmitting or receiving content (e.g., using Bluetooth) and/or power (described in Paragraphs 0007 and 0065-0066), it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to further modify the combination of Chaum and O’Driscoll in order to have wherein in the normal mode, a frequency of the acoustic signal is from 20 kHz to 30 KHz, as it would be achieved by a routine experimentation to have a desired communication effect to obtain expected result without involving any inventive steps.
As to claim 18, the claim recites a method that parallels the device of claim 1. Therefore, the analysis discussed above with respect to claim 1 also applies to claim 18. Accordingly, claim 18 is rejected by the combination of Chaum and O’Driscoll under the same rationale as set forth above with respect to claim 1.
As to claim 19, the claim recites a method that parallels the device of claim 13. Therefore, the analysis discussed above with respect to claim 13 also applies to claim 19. Accordingly, claim 19 is rejected by the combination of Chaum and O’Driscoll under the same rationale as set forth above with respect to claim 13.
As to claim 20, the claim recites a method that parallels the device of claim 14. Therefore, the analysis discussed above with respect to claim 14 also applies to claim 20. Accordingly, claim 20 is rejected by the combination of Chaum and O’Driscoll under the same rationale as set forth above with respect to claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are further to show the state of related art.
U.S. Publication No. 2016/0161748 A1 of HEINRICH et al, discloses a wearable computing device includes a bone conduction transducer, an extension arm, a light pass hole, and a flexible touch pad input circuit. When a user wears the device, the transducer contacts the user's head. A display is attached to a free end of an extension arm. The extension arm is pivotable such that a distance between the display and the user's eye is adjustable to provide the display at an optimum position. The light pass hole may include a light emitting diode and a flash. The touch pad input circuit may be adhered to at least one side arm such that parting lines are not provided between edges of the circuit and the side arm.
U.S. Publication No. 2013/0169513 A1 of HEINRICH et al, discloses a wearable computing device includes a bone conduction transducer, an extension arm, a light pass hole, and a flexible touch pad input circuit. When a user wears the device, the transducer contacts the user's head. A display is attached to a free end of an extension arm. The extension arm is pivotable such that a distance between the display and the user's eye is adjustable to provide the display at an optimum position. The light pass hole may include a light emitting diode and a flash. The touch pad input circuit may be adhered to at least one side arm such that parting lines are not provided between edges of the circuit and the side arm.
Correspondence
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/SISAY YACOB/ September 29, 2026 Primary Examiner, Art Unit 2686
