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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/183,256
`
`02/23/2021
`
`Kei TASAKA
`
`083710-3266
`
`3212
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`BLAIR, KILE O
`
`2651
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/26/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/183,256
`Examiner
`Kile Blair
`
`Applicant(s)
`TASAKA et al.
`Art Unit
`2651
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 1-3,6 and8is/are rejected.
`Claim(s) 4-5and7 is/are objected to.
`C) Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 2/23/21 is/are: a) accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211120
`
`

`

`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AJA.
`
`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 madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, 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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farzbod
`
`(US 20170026744, IDS 11/4/21).
`
`Regarding claim 1, Farzbod teaches a bone conduction microphone comprising: a
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`vibration sensor that comesinto contact with a nose of a living body from outside the living body
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`and converts vibration into an electric signal (nose pad 152 housing microphone402, Farzbod,
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`[0074-0075]); a head-worn part that is worn on a head ofthe living body(side arms 273 of
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`HMD, Farzbod, [0064-0065], fig 2D); and a sensor support that hangs from the head-worn part
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`and supports the vibration sensor toward the nose (nose pieces 275, Farzbod, [0062], fig 2C).
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`Regarding claim 3, Farzbod teaches the bone conduction microphone according to claim
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`1, wherein the head-worn part includes, a head-wornpart body to be worn on the head (side arms
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`273, Farzbod, [0062], fig 2C), and a support base memberthat is supported by the head-worn
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`part body (center frame support 274, Farzbod, [0062], fig 2C) and is connected to an upper end
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`of the sensor support (nose piece 275 is read as corresponding to the claimed support), a central
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`

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`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 3
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`portion of the support base memberbeing located in front of a forehead of the head ofthe living
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`body in a noncontact state with the head-worn part body when the head- worn part is worn
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`(center of center frame support 274, Farzbod, [0062], fig 2C; see worn state in fig 2D), by
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`connecting left and right end portions of the support base memberto the head-worn part body
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`(left and right portions of center frame support 274 are connected to side arms 273, Farzbod,
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`[0062], fig 2C), the left and right end portions being positioned near a temporal region when the
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`head-worn part is worn (left and right portions of center frame support 274 are clearly positioned
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`near temporal regions of the user when the HMDis worn, Farzbod, see figs 2C and 2D together).
`
`Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blair (US
`
`2451317).
`
`Regarding claim 1, Blair teaches a bone conduction microphone comprising: a vibration
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`sensor that comes into contact with a nose of a living body from outside the living body and
`
`converts vibration into an electric signal (Blair, col 2, In 1-8); a head-worn part that is worn on a
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`head ofthe living body (strap 47, Blair, col 5, In 24-26, figs 7 and 9; also see Blair, col 3, In 69-
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`74); and a sensor support that hangs from the head-worn part and supports the vibration sensor
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`toward the nose (mounting plate 45, Blair, col 5, In 21-34, figs 6, 7, and 9).
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`Regarding claim 2, Blair teaches the bone conduction microphone according to claim 1,
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`wherein the sensor support has an upper end connected to the head-wornpart (mounting plate 45
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`connects to strap 47 at loop 46, Blair, col 5, 1n21-26, figs 7 and 9), and hangs from the upper end
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`and passes through a portion in front of a glabella of the head of the living body to support the
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`vibration sensor(see fig 9 of Blair).
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`

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`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 4
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore 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 mannerin which the invention was made.
`
`All assertions made herein with respect to obviousness shall be understood to mean
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`obvious at the time the application was effectively filed unless otherwise stated. Moreover, any
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`assertions of obviousness shall be understood to be assertions that something would have been
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`obvious to one of ordinary skill in the art unless otherwise stated.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Blair.
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`Regarding claim 6, Blair teaches the bone conduction microphoneaccordingto claim 1,
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`further comprising: a conductor wire passing through inside the sensor support (fig 4 shows the
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`wire passing inside the sensor supportpart, Blair, fig 4, col 5, In 72-75), the conductor wire
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`transmitting the electric signal from the vibration sensor to the head-worn part (wiring may be
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`carried up to a harness which extends around the head and wiring may connect to external circuit
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`with electrical signal, Blair, col 3, In 69- col 4, In 4), wherein the sensor support is bendable (the
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`upper portion of mounting plate 45 is “bent” to conform with the slope and curvature of the
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`wearer’s forehead, col 5, In 21-24).
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`Assuming the fact that it is bent does not anticipate the claimed limitation of it being
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`bendable, it would have been obvious to one of ordinary skill in the art to use a material that can
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`be bent again to be able to conform to the different curvatures of different user’s foreheads with
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`the motivation of improving wearing comfort.
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`

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`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 5
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`Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Farzbod and Lopez
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`(US 20170078788).
`
`Regarding claim 8, Farzbod teaches a bone conduction headset comprising: a vibration
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`sensor that comes into contact with a nose of a living body from outside the living body and
`
`converts vibration into an electric signal (nose pad 152 housing microphone 402, Farzbod,
`
`[0074-0075]); a head-worn part that is worn on a head ofthe living body(side arms 273 of
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`HMD, Farzbod, [0064-0065], fig 2D); a sensor support that hangs from the head-worn part and
`
`supports the vibration sensor toward the nose (nose pieces 275, Farzbod, [0062], fig 2C); a bone
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`conduction speakerthat is connected to the head-worn part (bone conduction speaker 225,
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`Farzbod, [0056]; BCT 286 supported on side arm 273, Farzbod, [0062], fig 2C).
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`However, Farzbod doesnot explicitly teach the feature wherein the bone conduction
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`speaker outputs a voice signal by vibration.
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`Farzbod doesteach that the bone conduction transducer outputs audio (bone conduction
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`speaker 225 generates audio output, Farzbod, [0056]).
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`Lopez teaches wearable eyeglasses with vibration sensors in the nose pad (Lopez, [0022],
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`figs 1 and 2). Lopez further teaches that the sound of the user’s own voice may be generated
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`through speaker 118 top provide auditory feedback to a user of the system (Lopez, [0021], fig 1).
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`It would have been obvious to output a voice signal from the bone conduction speaker of
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`Farzbodsince doing so is the use of a known technique to improve a similar system in the same
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`way.
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`Allowable Subject Matter
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`

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`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 6
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`Claims4, 5, and 7 are objected to as being dependent upona rejected base claim, but
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`would be allowable if rewritten in independent form includingall of the limitations of the base
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`claim and any intervening claims.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examinershould be directed to Kile Blair whose telephone numberis (571)270-3544. The
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`examiner can normally be reached M-F.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
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`supervisor, Duc Nguyen can be reached on 571-272-7503. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
`
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`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
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`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`

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`Application/Control Number: 17/183,256
`Art Unit: 2651
`
`Page 7
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`/KILE O BLAIR/
`Primary Examiner, Art Unit 2651
`
`