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 .
Response to Arguments
Applicant's arguments filed 08 June 2026 have been fully considered but they are not persuasive.
Applicant argues that De Haan does not disclose or suggest a bandwidth of the vibration sensor configured to span low frequencies of the user up to approximately 1.5kHz.
However, vibration sensors such as a bone conduction microphone disclosed by De Haan in paragraphs 33 and 66 inherently span low frequencies because bone conducts lower frequencies better than higher frequencies (so the bandwidth of speech that such a sensor will detect will inherently skew lower). Prior cited portions of De Haan referred to by applicant's arguments are meant to illustrate signal frequencies that the first input transducer (which may be a vibration sensor) can operate in, which include frequencies within the claimed range.
De Haan also states that the internal input transducer (which may be a vibration sensor) may be confined to low frequencies such as less than 2kHz in paragraph 242. The claimed range, "up to approximately 1.5kHz", is similar to the disclosed range of less than 2kHz in De Haan, and claimed ranges that overlap or lie inside ranges disclosed by the prior art support a prima facie case of obviousness (see MPEP 2144.05).
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) 1-7, 9, 12-26, 29, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nørholm (US 20210193104 A1) in view of De Haan et al. (US 20210297789).
Regarding claim 1, Nørholm discloses a method performed by an electronic device, the method comprising: capturing, by a first external input transducer of the electronic device, a first sound signal, the first sound signal comprising a first speech part of a speech of a user of the electronic device and a first noise part of noise from a surrounding; ([0008], [0130]-[0131], Figure 9: microphones that capture outside sound)
capturing, by an internal input transducer of the electronic device, a second sound signal, the second sound signal comprising a second speech part of the speech of the user, where the first speech part and the second speech part are of a same speech portion of the speech at a first time interval; ([0008], [0130]-[0131], Figure 9: “second acoustic signal predominantly from an enclosed space established between the earpiece and the user”)
estimating, by a signal processor of the electronic device, a first fundamental frequency of the speech of the user at the first time interval, the first fundamental frequency being estimated based on the second sound signal; ([0010], [0031]: estimating fundamental frequencies based on any of the signals)
updating, by the signal processor, a first model based on the estimated first fundamental frequency of the speech of the user at the first time interval, ([0011]-[0014]: configuring and updating a filter based on the frequency) wherein the first model comprises a first parameter that is a frequency parameter, ([0011]-[0014]: multiple parameters including a fundamental frequency, one or more harmonic frequencies, and integer multiples based on the fundamental frequency; [0052], [0057]: respective gains and unitless integers as non-frequency parameters)
wherein the first model comprises a filter as part of the first model; (claim 1: A method comprising configuration of a first filter)
and processing, by the signal processor, the first sound signal based on the updated first model to obtain the first speech part of the first sound signal. ([0013]: acquiring speech from noisy signal using the filter)
wherein the act of processing to obtain the first speech part based on the updated first model is performed using the first sound signal captured by the first external input transducer, and the act of estimating the first fundamental frequency of the speech is performed using the second sound signal captured by the internal input transducer. ([0079]-[0080] first and second input transducers are external microphones, third input transducer is an internal microphone; [0010], [0025]: obtaining the fundamental frequency using the internal microphone signal; [0012]: using the filter on an external microphone signal)
Nørholm does not disclose the method wherein the internal input transducer comprises a vibration sensor,
and wherein a bandwidth of the vibration sensor is configured to span low frequencies of the speech of the user, the low frequencies being up to approximately 1.5kHz.
However, De Haan et al. does disclose the method wherein the internal input transducer comprises a vibration sensor. ([0031], [0033]: vibration sensor, bone conduction)
wherein a bandwidth of the vibration sensor is configured to span low frequencies of the speech of the user, the low frequencies being up to approximately 1.5 kHz. ([0021],[0026], [0065]: low frequency bands; [0033], [0242]: bone conduction microphones inherently span low frequency ranges)
The use of vibration sensing as an input method in hearing devices is well explored in the art. It would have been obvious before the effective date of the present invention to incorporate the vibration sensor taught by De Haan et al. into the method of Nørholm because the signal from the vibration sensor allows the user’s own voice to be estimated (De Haan et al. [0005], [0028]-[0031]).
Furthermore, the claimed frequency range of under 1.5kHz lies inside a disclosed range in De Haan of under 2kHz (paragraph [0242]), which supports a prima facie case of obviousness (see MPEP 2144.05).
Regarding claim 2, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method further comprising capturing, by the first external input transducer, a third sound signal, the third sound signal comprising a third speech part of the speech of the user; ([0008], [0130]-[0131], Figure 9: microphones that capture outside sound; [0014] : capturing signals on a recurring basis)
capturing, by the internal input transducer, a fourth signal, the fourth signal comprising a fourth speech part of the speech of the user, where the third speech part and the fourth speech part are of a same speech portion of the speech of the user at a second time interval; ([0008], [0130]-[0131], Figure 9: “second acoustic signal predominantly from an enclosed space established between the earpiece and the user”, [0014] : capturing signals on a recurring basis)
estimating a second fundamental frequency of the speech of the user at the second time interval, the second fundamental frequency being estimated based on the fourth signal; ([0010], [0031]: estimating fundamental frequencies based on any of the signals; [0014]: estimating fundamental frequencies on a recurring basis)
updating the first model based on the estimated second fundamental frequency of the speech of the user at the second time interval; ([0011]-[0014]: recurrently configuring and updating a filter based on the frequency)
and processing the third sound signal to obtain the third speech part, wherein the act of processing the third sound signal is performed based on the first model that has been updated based on the estimated second fundamental frequency. ([0013]-[0014]: filtering noise from a continuously updating model)
Regarding claim 3, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method further comprising estimating additional fundamental frequencies of the speech of the user at additional time intervals respectively; ([0014]: estimating a fundamental frequency on a recurring basis)
updating the first model based on the estimated additional fundamental frequency at each of the additional time intervals; ([0014]: the first filter is accordingly configured on a recurring basis)
and obtaining a speech part for each of the additional time intervals. ([0013]-[0014]: filtering noise through the updated filter)
Regarding claim 4, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the first model is a periodic model. ([0013]: harmonic filter)
Regarding claim 5, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the filter comprises a periodic filter, and wherein the act of processing the first sound signal based on the updated first model to obtain the first speech part comprises filtering the first sound signal in a periodic filter. ([0013]: obtaining speech via harmonic filter)
Regarding claim 6, Nørholm and De Haan disclose its dependent elements as written above for claim 5. Nørholm further discloses the method wherein the act of filtering the first sound signal in the periodic filter comprises applying multiples of the estimated first fundamental frequency. ([0011]: filter is configured using integer multiples of fundamental frequency value)
Regarding claim 7, Nørholm and De Haan disclose its dependent elements as written above for claim 5. Nørholm further discloses the method wherein the first model is a harmonic model, and wherein the periodic filter is a harmonic filter. ([0013]: harmonic filter)
Regarding claim 9, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the internal input transducer is configured to be arranged in an ear canal of the user or on a body of the user. ([0004], [0131]-[0132]: microphone arranged to pick up sound from an enclosed space between earpiece and user)
Regarding claim 12, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the first external input transducer is a microphone configured to point towards the surrounding. ([0131]-[0132]: outside microphones pick up sound from an ambient space surrounding the earpiece)
Regarding claim 13, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the electronic device further comprises a second external input transducer, ([0131]-[0132]: second external input transducer)
and wherein the act of processing the first sound signal based on the updated first model to obtain the first speech part comprises beamforming the first sound signal in a periodic beamformer. ([0009]-[00012]: generating beamformed signal, filtering using the beamformed signal)
Regarding claim 14, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the electronic device comprises a first hearing device and a second hearing device, (Figure 9)
and wherein the first fundamental frequency is estimated by the first hearing device and/or the second hearing device. ([0008]-[0010]: estimating fundamental frequency values from microphone input)
Regarding claim 15, limitations are analogous to that of claim 1, and the claim is thus rejected in a similar fashion. Nørholm discloses a signal processor ([0077], [0083]) which is an additional element in claim 15.
Regarding claim 16, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the act of updating is repeated. ([0014], [0109]: “estimating a first frequency value on a recurring basis and the first filter is configured accordingly”)
Regarding claim 17, Nørholm and De Haan disclose its dependent elements as written above for claim 16. Nørholm further discloses the method wherein the speech of the user is associated with a first vocal sound, and wherein the act of updating is repeated for a second vocal sound. ([0014], [0109]: filters periodically updated)
Regarding claim 18, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method, wherein the act of processing the first sound signal based on the updated first model to obtain the first speech part of the first sound signal is performed during a phone call. ([0078]: device configured to enable phone calls)
Regarding claims 19-22, they are analogous to claims 4-7 and are rejected in a similar manner.
Regarding claim 23, Nørholm and De Haan disclose its dependent elements as written above for claim 15. Nørholm further discloses the device wherein the signal processor is configured to process the first sound signal based on the updated first model to obtain the first speech part by beamforming the first sound signal in a periodic beamformer. ([0009]-[00012]: generating beamformed signal, filtering using the beamformed signal)
Regarding claim 24, Nørholm and De Haan disclose its dependent elements as written above for claim 15. Nørholm further discloses the device wherein the signal processor is configured to repeatedly update the first model. ([0014], [0109]: filters periodically updated)
Regarding claim 25, Nørholm and De Haan disclose its dependent elements as written above for claim 24. Nørholm further discloses the device wherein the speech of the user is associated with a first vocal sound, and wherein the signal processor is configured to update the first model for the first vocal sound, and to update the first model for a second vocal sound. ([0014], [0109]: filters periodically updated, thus will inherently be updated as new vocal sounds arrive)
Regarding claim 26, Nørholm and De Haan disclose its dependent elements as written above for claim 15. Nørholm further discloses the device wherein the signal processor is configured to process the first sound signal based on the updated first model to obtain the first speech part during a phone call. ([0078]: device configured to enable phone calls)
Regarding claim 27, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the first model comprises a second parameter that is a signal amplitude. ([0068]-[0069]: signal amplitude is inherently a parameter of frequency domain signal collection and equalization; Figs 3-4, [0114]: y-axis is gain)
Regarding claim 28, it is analogous to claim 27 and is rejected in a similar fashion.
Regarding claim 29, Nørholm and De Haan disclose its dependent elements as written above for claim 1. Nørholm further discloses the method wherein the method further comprises wirelessly transmitting the first speech part from the electronic device to a handheld device of the user during a call communication involving the handheld device ([0078]: “the wearable device may be configured as a headset enabling communication with a remote party e.g. via a telephone, which may be a so-called softphone or another type of application running on an electronic device. A headset may use wireless communication e.g. in accordance with a Bluetooth or DECT compliant standard.”)
wherein the handheld device is configured to wirelessly transmit the first speech part to a communication device participating in the call communication with the handheld device. ([0078]: “the wearable device may be configured as a headset enabling communication with a remote party e.g. via a telephone, which may be a so-called softphone or another type of application running on an electronic device. A headset may use wireless communication e.g. in accordance with a Bluetooth or DECT compliant standard.”)
Regarding claim 32, it is analogous to claim 29 and is rejected in a similar fashion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Zheng (US 20220301574 A1) explains some inherent properties of vibration sensors, such as being limited to low frequency signals (per paragraph [0073]).
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/ALVIN ISKENDER/Examiner, Art Unit 2654
/HAI PHAN/Supervisory Patent Examiner, Art Unit 2654
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