Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Introduction
2. This action responds to amendment filed on 07-28-2025. Claim 9 has been amended and 1-8 and 16 have been withdrawn. Claims 9-15 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07-28-2025 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 07-28-2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. PAT. 11,057,701 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
5. 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.
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 9-15 are rejected under 35 U.S.C. 102a (1) as being anticipated by Victorian et al. (US 2005/0058313)
Consider Claim 9, Victorian teaches a method comprising: receiving an internal signal from an internal microphone(see fig. 7(440));
receiving an ambient signal from an ambient sound microphone(see fig. 7(420));
detecting(see figs. 9, 10) a user’s voice by analyzing the internal signal and the ambient signal:
generating a background noise level(such as signal-to noise ratio and paragraph 006]-[0067]), using at least one of the internal signal or the ambient signal or a combination thereof(see figs. 9. 10);
generating a first modified internal signal by applying a first filter to the internal signal(see figs. 4A-7 and paragraphs[0043]-[0054]);
generating(see figs.7-10) a second modified internal signal by applying the internal signal gain to the first modified internal signal(see fig. 7(460), fig. 9);
generating(see figs. 7-10) a first modified ambient signal by applying a second filter to the ambient signal(see figs. 4A-7 and paragraphs[0043]-[0054]); generating a second modified ambient signal by applying the ambient signal gain to the first modified ambient signal(see fig. 7(460));
combining(see fig. 9(940)), fig. 10(1040)) the second modified internal signal and the second modified ambient signal to generate a voice signal; and sending the voice signal wirelessly to a communication device(see figs. 4-10 and paragraphs[0055]-[0072]).
Consider Claims 10 and 11, Victorian teaches the method further comprising: filtering the voice signal before sending it to the communication device(see figs. 4A-7 and paragraphs[0043]-[0054]); and the method wherein the filtering reduces noise in the voice signal(see figs. 4A-7 and paragraphs[0043]-[0054]).
Consider Claims 12 and 13, Victorian teaches the method wherein applying the first filter to the internal signal results in a first modified internal signal that has less noise than the internal signal(see figs. 4A-7 and paragraphs[0043]-[0054]); and the method wherein applying the second filter to the ambient signal results in a first modified ambient signal that has less noise than the ambient signal(see figs. 4A-7 and paragraphs[0043]-[0054]).
Consider Claims 14 and 15, Victorian teaches the method wherein the internal signal gain is frequency dependent(see figs. 4-10 and paragraphs[0055]-[0072]); and the method wherein the ambient signal gain is frequency dependent(see figs. 4-10 and paragraphs[0055]-[0072]).
Response to Arguments
8. Applicant’s arguments with respect to claims 9-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argued that Victorian fails to show, suggest or teach all elements of amended claim 9 (see remarks page 8, last paragraph).
respectfully requested to withdraw all rejections. Should the Examiner believe that anything
The examiner disagrees that argument respectfully.
Victorian discloses receiving an internal signal from an internal microphone(see fig. 7(440));
receiving an ambient signal from an ambient sound microphone(see fig. 7(420));
detecting(see figs. 9, 10) a user’s voice by analyzing the internal signal and the ambient signal:
generating a background noise level(such as signal-to noise ratio and paragraph 006]-[0067]), using at least one of the internal signal or the ambient signal or a combination thereof(see figs. 9. 10);
generating a first modified internal signal by applying a first filter to the internal signal(see figs. 4A-7 and paragraphs[0043]-[0054]);
generating(see figs.7-10) a second modified internal signal by applying the internal signal gain to the first modified internal signal(see fig. 7(460), fig. 9);
generating(see figs. 7-10) a first modified ambient signal by applying a second filter to the ambient signal(see figs. 4A-7 and paragraphs[0043]-[0054]); generating a second modified ambient signal by applying the ambient signal gain to the first modified ambient signal(see fig. 7(460));
combining(see fig. 9(940)), fig. 10(1040)) the second modified internal signal and the second modified ambient signal to generate a voice signal; and sending the voice signal wirelessly to a communication device(see figs. 4-10 and paragraphs[0055]-[0072]). It meets the limitation as recited in claim 9 and rejection for dependent claims 10-15 will be maintained.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Svean et al.(US PAT. 6,754,359) is cited to show other related the METHOD AND DEVICE FOR IN-EAR CANAL ECHO SUPPRESSION.
10. Any response to this action should be mailed to:
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Commissioner for Patents
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Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Lao,Lun-See whose telephone number is (571) 272-7501 The examiner
can normally be reached on Monday-Friday from 8:00 to 5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Nguyen Duc M(SPE), can be reached on (571) 272-7503.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the Technology Center 2600 whose telephone number is (571) 272-2600.
/LUN-SEE LAO/Primary Examiner, Art Unit 2691 US Patent and Trademark Office
Knox
571-272-7501
Date 11-20-2025