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 .
Election/Restrictions
Applicant's election with traverse of Group 1, claims 1-5, 7-12, 15-16 and 31-35 in the reply filed on February 16, 2026 is acknowledged. The traversal is on the ground(s) that claims 1 and 18 contain the same technical feature. This is not found persuasive because the special technical feature of claim 1 is now (based on the amendment) is adaptively equalizing a response of an internal microphone to that of an external microphone. The special technical feature of claim 18 is generating stimulation signals to evoke perception by the recipient of the acoustic sounds.
The requirement is still deemed proper and is therefore made FINAL.
Currently claims 1-5, 7-12, 15-28, and 31-35 are pending in this application with claims 18-28 withdrawn from consideration.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5, 7-12, 15-16 and 31-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 6-7 recite the phrase “adaptively equalizing a response of the implantable microphone to a response of an external microphone. It is unclear what a “response” of an external microphone includes and how the “response” of the external microphone is obtained. It is suggested to first apply a method step of “detecting signals with an external microphone” before using response to adaptively equalize.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-4, 8, 12, 15-16, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Dijk et al. (US 2016/0345107).
Regarding claim 1 and 31, Van Dijk discloses a method and corresponding computer readable medium comprising (e.g. as shown in Figure 3b):
detecting signals with an implantable microphone configured to be implanted in a recipient (e.g. system 400 including implanted microphone 412);
detecting signals with an implantable vibration sensor configured to be implanted in the recipient (e.g. implanted accelerometer 470);
adaptively equalizing a response of the implantable microphone to a response of an external microphone (e.g. external microphone 427), where the adaptation is controlled by a coherence between the signals detected by the implantable microphone and signals detected by the external microphone (e.g. equalizing of internal microphone 412 and 427 as described in [0055] and Figure 3B);
adaptively filtering vibration signals from the signals detected by the implantable microphone, where the adaptation is controlled by a coherence between the signals detected by the implantable microphone and the signals detected by the implantable vibration sensor (e.g. filtering of vibrational signal from accelerometer 470 using adaptive noise cancellation sub-system 460 as disclosed in [0063]).
Regarding claim 2-3, Van Dijk additionally discloses wherein detecting signals with an implantable vibration sensor comprises: detecting vibration signals with an implantable accelerometer (e.g. implanted accelerometer 470, which can also be considered an implantable microphone).
Regarding claim 4 and 32, Van Dijk additionally discloses wherein adaptively equalizing a response of the implantable microphone to a response of the external microphone comprises:
receiving signals captured by the external microphone (e.g. receiving signal from external microphone 427);
determining the coherence between the signals detected by the implantable microphone and the signals detected by the external microphone (e.g. determination of distortion caused by body noise as disclosed in [0064]); and
applying an equalization filter to the signals detected by the implantable microphone wherein coefficients of the equalization filter are updated based on the coherence between the signals detected by the implantable microphone and the signals detected by the external microphone (e.g. application of adaptive filters 450).
Regarding claim 8, Van Dijk additionally discloses wherein filtering vibration signals from the signals detected by the implantable microphone comprises:
determining the coherence between the signals detected by the implantable microphone and the signals detected by the implantable vibration sensor (e.g. filtering of vibrational signal from accelerometer 470 using adaptive noise cancellation sub-system 460 as disclosed in [0063]);
applying a first body noise cancellation filter to the signals detected by the implantable microphone wherein coefficients of the first body noise cancellation filter are updated based on the coherence between the implantable sensor signals (e.g. noise cancelling sub-system 460).
Regarding claim 12, Van Dijk additionally discloses wherein applying a second body noise cancellation filter to the signals detected by the implantable microphone, wherein the second body noise cancellation filter is applied after the first body noise cancellation filter (e.g. feedback loop which necessarily applies a second noise cancellation filter after the first filter as disclosed in [0080]).
Regarding claim 15-16, Van Dijk additionally discloses wherein filtering vibration signals from the signals detected by the implantable microphone generates processed sounds signals, and wherein the method further comprises: generating, based on the processed sounds signals, stimulation signals for delivery to the recipient to evoke perception by the recipient of acoustic sounds in the signals detected by the implantable microphone (e.g. stimulator unit 120 as disclosed in [0038]).
Allowable Subject Matter
Claims 7, 9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7, 9-11, and 33-35 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 9:00-5:00.
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/Amanda K Hulbert/ Primary Examiner, Art Unit 3792
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