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 Amendment
This is in response to applicant's amendment which was filed on 12/1/2025 has been entered. Claims 29, and 46-55 have been amended. Claims 17-28, 30-31, and 35-45 have been cancelled. No claims have been added. Claims 1-16, 29, 32-34, 46-55 are still pending in this application, with claims 1, and 29 being independent.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 10, 13, 29, 32-34, 46-47, 50 and 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mosgaard (US 2018/0103327) hereinafter as Mos in view of Chen (US 2019/0246220).
Regarding claim 1, Mos teaches a method, comprising: generating a first directional signal from sound signals (Mos figures 1-2, beamformer 114-L, 114-R and ¶0030, “The inductive antenna 113-L/-R provides that the ipse-lateral input signal is wirelessly transmitted from the ipse-lateral hearing and to the contra-lateral hearing aid. When the ipse-lateral input signal is received by the contra-lateral hearing aid it is provided to the respective fixed beam former 114-L/-R there. Each of the fixed beam formers 114-L/-R is adapted to form a fixed directional pattern based on the input signals from both the hearing aids 101-L/-R”) received at a binaural hearing system comprising a first hearing device positioned at a first ear of a recipient (Mos figures 1-2, hearing aid 101-L and 101-R) and a second hearing device positioned at a second ear of the recipient (Mos figures 1-2), wherein the first directional signal is associated with a first sideways directional pattern (Mos figure 2. See instant application abstract and figure 3A, “a sideways directional pattern (e.g., directional patterns facing away from the head of the recipient)”); obtaining a second directional signal (Mos figures 1-2, beamformer 114-L, 114-R forming directional patterns 202L/R) generated from the sound signals received at the binaural hearing system, wherein the second directional signal is associated with a second sideways directional pattern (Mos figure 2. See instant application abstract and figure 3A, “a sideways directional pattern (e.g., directional patterns facing away from the head of the recipient)”); performing interaural magnification of the first directional signal relative to the second directional signal to generate a first magnified binaural signal (Mos figure 3, ¶0010 “increases the ILD” and ¶0061, “the relative strength of the ILD relative to the ITD may be changed by varying the position of the virtual source and hereby the inter-aural transfer function filter. As one example the inter-aural transfer function filter that provides a cardioid represents the configuration with maximum increase of the ILD”); and generating, based on the first magnified binaural signal, stimulation signals for delivery to the first ear of the recipient via the first hearing device (Mos figure 3, speaker 116-R), however does not explicitly teach a first and second sideways directional pattern.
Chen teaches a first and second sideways directional pattern (Chen figure 12 and ¶0035, “enhancing the ILD between the signals by generating respective side-facing directional signals for each ear using beamforming”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Chen to improve the known method of Mos to achieve the predictable result of improving ILD perception by the user (Chen ¶0021).
Regarding claim 2, Mos in view of Chen teaches performing interaural magnification of the second directional signal relative to the first directional signal to generate a second magnified binaural signal, wherein the interaural magnification of the second directional signal relative to the first directional signal is generally opposite to the interaural magnification of the first directional signal relative to the second directional signal; and generating, based on the second magnified binaural signal, stimulation signals for delivery to a second ear of the recipient via the second hearing device (Mos figure 3, ¶0038).
Regarding claims 3 and 32, Mos in view of Chen teaches wherein the first sideways directional pattern and the second sideways directional pattern are sideways-facing cardioid patterns each facing laterally from a head of the recipient (Mos figure 2).
Regarding claims 4 and 33, Mos in view of Chen teaches wherein the first sideways directional pattern and the second sideways directional pattern are each sideways-facing supercardioid polar patterns facing laterally from a head of the recipient (Mos ¶0031, “hypercardioid or another directional pattern that is characterized in that the sensitivity is lower in the direction towards the contra-lateral hearing aid….away from the contra-lateral hearing aid,” such as a super-cardioid).
Regarding claims 5 and 34, Mos in view of Chen teaches wherein the first sideways directional pattern and the second sideways directional pattern are each frequency-dependent polar patterns (Mos ¶0039 includes phase, “especially in the frequency range between 200Hz and up to 1.2 kHz”).
Regarding claims 6 and 46, Mos in view of Chen teaches wherein generating the first directional signal from the sound signals received at the binaural hearing system comprises: implementing a filter-and-sum beamformer (Mos figure 3, Delay 301-R and filter 302-R, ¶0039 includes phase, “especially in the frequency range between 200Hz and up to 1.2 kHz”).
Regarding claims 7 and 47, Mos in view of Chen teaches wherein the implementing a filter-and-sum beamformer comprises: receiving, at the first hearing device (Mos figures 1+3, beamformer 114-R of hearing aid 101-R), sound data from the second hearing device (Mos ¶0030 and figure 1, “The inductive antenna 113-L/-R provides that the ipse-lateral input signal is wirelessly transmitted from the ipse-lateral hearing and to the contra-lateral hearing aid. When the ipse-lateral input signal is received by the contra-lateral hearing aid it is provided to the respective fixed beam former 114-L/-R there. Each of the fixed beam formers 114-L/-R is adapted to form a fixed directional pattern based on the input signals from both the hearing aids 101-L/-R, wherein the directional pattern has lower sensitivity in the direction towards the respective contra-lateral hearing aid 101-L/-R than in the direction pointing in the opposite direction, away from the contra-lateral hearing aid 101-L/-R”), wherein the sound data includes sound signals captured by one or more microphones of the second hearing device (Mos figure 1, microphone signals from 111-L and 111R are transmitted to the other hearing aid via antennas 113-L and 113-R); delaying the sound signals received at the second hearing device to generate delayed sound signals; and subtracting the delayed sound signals from sound signals received at one or more microphones of the first hearing device (Mos figure 1+3, Left hearing aid 101-L would delay its own microphone signal from 111-L with a wireless Transmission Delay 301-L, receive microphone signal from the right microphone 111-R, and subtract them using 303-L. ¶0037 “subtracted”).
Regarding claims 10 and 50, Mos in view of Chen teaches wherein generating the first directional signal from the sound signals received at the binaural hearing system comprises: capturing a first set of sound signals with one or more microphones of the first hearing device (Mos figure 3, microphone 111-R); receiving (Mos ¶0030 and figure 1, “The inductive antenna 113-L/-R provides that the ipse-lateral input signal is wirelessly transmitted from the ipse-lateral hearing and to the contra-lateral hearing aid. When the ipse-lateral input signal is received by the contra-lateral hearing aid it is provided to the respective fixed beam former 114-L/-R there. Each of the fixed beam formers 114-L/-R is adapted to form a fixed directional pattern based on the input signals from both the hearing aids 101-L/-R, wherein the directional pattern has lower sensitivity in the direction towards the respective contra-lateral hearing aid 101-L/-R than in the direction pointing in the opposite direction, away from the contra-lateral hearing aid 101-L/-R”), from the second hearing device, sound data representing a second set of sound signals captured by one or more microphones of the second hearing device (Mos figure 3, microphone 111-L); and generating the first directional signal based on the first set of sound signals and the sound data (Mos figure 3, beamformer 114-R and summer 303-R).
Regarding claims 13 and 53, Mos in view of Chen teaches wherein the sound data comprises only phase information associated with the second set of sound signals captured by the one or more microphones of the second hearing device (Chen figure 5 and ¶0067).
Regarding claim 29, Mos teaches One or more non-transitory computer readable storage media comprising instructions that, when executed by a processor, cause the processor to: generate a first directional signal from sound signals (Mos figures 1-2, beamformer 114-L, 114-R and ¶0030, “The inductive antenna 113-L/-R provides that the ipse-lateral input signal is wirelessly transmitted from the ipse-lateral hearing and to the contra-lateral hearing aid. When the ipse-lateral input signal is received by the contra-lateral hearing aid it is provided to the respective fixed beam former 114-L/-R there. Each of the fixed beam formers 114-L/-R is adapted to form a fixed directional pattern based on the input signals from both the hearing aids 101-L/-R”) received at a binaural hearing system of a recipient (Mos figures 1-2, hearing aid 101-L and 101-R), wherein the first directional signal is associated with a first sideways directional pattern (Mos figure 2. See instant application abstract and figure 3A, “a sideways directional pattern (e.g., directional patterns facing away from the head of the recipient)”); obtain a second directional signal (Mos figures 1-2, beamformer 114-L, 114-R) generated from the sound signals received at the binaural hearing system, wherein the second directional signal is associated with a second sideways directional pattern (Mos figure 2. See instant application abstract and figure 3A, “a sideways directional pattern (e.g., directional patterns facing away from the head of the recipient)”); perform interaural magnification of the first and second signals to generate the first directional signal relative to the second directional signal to generate a magnified binaural signal (Mos figure 3, ¶0010 “increases the ILD” and ¶0061, “the relative strength of the ILD relative to the ITD may be changed by varying the position of the virtual source and hereby the inter-aural transfer function filter. As one example the inter-aural transfer function filter that provides a cardioid represents the configuration with maximum increase of the ILD”); and perform sound processing based on the magnified binaural signal to generate, based on the magnified binaural signal, stimulation signals for delivery to a first ear of the recipient (Mos figure 3, speaker 116-R), however does not explicitly teach a first and second sideways directional pattern.
Chen teaches a first and second sideways directional pattern (Chen figure 12 and ¶0035, “enhancing the ILD between the signals by generating respective side-facing directional signals for each ear using beamforming”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Chen to improve the known method of Mos to achieve the predictable result of improving ILD perception by the user (Chen ¶0021).
Claim(s) 8-9, 11, 48-49, and 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mosgaard (US 2018/0103327) hereinafter as Mos in view of Chen (US 2019/0246220) in further view of Minnaar (US 2016/0066104).
Regarding claims 8 and 48, Mos in view of Chen does not explicitly teach wherein prior to delaying the sound signals, the method comprises: at least one of band-pass filtering or low-pass filtering the sound signals received at the second hearing device.
Minnaar teaches wherein prior to delaying the sound signals, the method comprises: at least one of band-pass filtering or low-pass filtering the sound signals received at the second hearing device (Minnaar figure 2, Lowpass filter 48’ and delay unit d1 54’).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Minnaar to improve the known method of Mos in view of Chen to achieve the predictable result of achieving the desired frequency response for the hearing aid.
Regarding claims 9 and 49, Mos in view of Chen in further view of Minnaar teaches performing low-pass filtering at the second hearing device to generate low-frequency portion of sound signals, wherein the sound data includes only the low-frequency portion of sound signals (Minnaar figure 2, Lowpass filter 48’ and delay unit d1 54’).
Regarding claims 11 and 51, Mos in view of Chen in further view of Minnaar teaches wherein the sound data comprises only a low frequency portion of the second set of sound signals captured by the one or more microphones of the second hearing device (Minnaar figure 2, Lowpass filter 48’ and delay unit d1 54’).
Claim(s) 12 and 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mosgaard (US 2018/0103327) hereinafter as Mos in view of Chen (US 2019/0246220) in further view of Hillbratt (US 2016/0366522).
Regarding claims 12 and 52, Mos in view of Chen does not explicitly teach wherein the sound data comprises a front-facing directional signal generated from the second set of sound signals captured by the one or more microphones of the second hearing device.
Hillbratt teaches wherein the sound data comprises a front-facing directional signal generated from the second set of sound signals captured by the one or more microphones of the second hearing device (Hillbratt figures 6B-6D, ¶0070-0073 and ¶0077).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Hillbratt to improve the known method of Mos in view of Chen to achieve the predictable result of better sound perception in specific directions (Hillbratt ¶0041).
Claim(s) 14-16, and 54-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mosgaard (US 2018/0103327) hereinafter as Mos in view of Chen (US 2019/0246220) in further view of Jespersgaard (US 2015/0201287) hereinafter as Jes.
Regarding claims 14 and 54, Mos in view of Chen does not explicitly teach wherein performing interaural magnification of the first directional signal relative to the second directional signal to generate a first magnified binaural signal comprises: dividing each of the first directional signal and the second directional signal into time frames; and within each window, calculate an interaural magnification transfer function between the first directional signal and the second directional signal, wherein the interaural magnification transfer function amplifies one or more of interaural time differences (ITDs) or interaural level differences (ILDs) present between the first directional signal and the second directional signal within each time frame (Mos figure 3, Delay unit 301-R, it is obvious that the audio signals are divided into time frame/window to determine the delay between two signals).
Jes teaches wherein performing interaural magnification of the first directional signal relative to the second directional signal to generate a first magnified binaural signal comprises: dividing each of the first directional signal and the second directional signal into time frames; and within each window, calculate an interaural magnification transfer function between the first directional signal and the second directional signal, wherein the interaural magnification transfer function amplifies one or more of interaural time differences (ITDs) or interaural level differences (ILDs) present between the first directional signal and the second directional signal within each time frame (Jes figure 4 and ¶0072, “short time frames or by using sliding windows in each frequency channel”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Jes to improve the known method of Mos in view ow Chen to achieve the predictable result of real time scaling of audio signals.
Regarding claims 15 and 55, Mos in view of Chen in further view of Jes teaches setting a variable of the interaural magnification transfer function to tune the amplification of the one or more of the ITDs or ILDs present between the first directional signal and the second directional signal within each time frame (Jes figure 4, step 74, calculate gain).
Regarding claim 16, Mos in view of Chen in further view of Jes teaches in each time frame, performing a Fourier transform to each of the first directional signal and the second directional signal; and calculating a pointwise division of a spectrum of the first directional signal with a spectrum of the second directional signal (Chen figure 6 and ¶0079, “Frequency domain conversion modules 602 and 604 may convert signals 516 into the frequency domain (i.e., divide signals 516 into the plurality of frequency domain signals each representative of the particular frequency band in the plurality of frequency bands) in any way as may serve a particular implementation. For example, frequency domain conversion modules 602 and 604 may convert signals 516 into the frequency domain using a fast Fourier transform (“FFT”)”).
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive. Applicant argues on pages 9-12 of Remarks that cited references Mosgaard in view of Chen does not teach “performing interaural magnification of the first directional signal relative to the second direction signal to generate a first magnified binaural signal.” Examiner respectfully disagrees for the reasons below.
Firstly, Applicant appears to argue on page 11 that Mosgaard does not teach the first directional signal and the second directional signal, with emphasis on “forming the fixed directional pattern.” Examiner respectfully disagrees. Figure 2 of Mosgaard clearly shows two different directional patterns 202-L and 202-R, and notes that the independent claims do not recite further limitation to distinguish the two directional signals.
Secondly, Applicant argues on pages 11-12 that Mosgaard does not teach “performing interaural magnification of the first directional signal relative to the second directional signal to generate a first magnified binaural signal.” Examiner respectfully disagrees. With BRI, increase of the ILD (interaural Level difference) as a result of the processing of the fixed beamformer 114L/R and Digital Signal Processor 115L/R based on both the ipse-lateral input signal and the contra-lateral input signal at each hearing aid can be considered interaural magnification. In addition, figure 2 and ¶0030 teaches that for each fixed beamformer of each hearing aid, the fixed directional pattern 202-L/R are formed based on input from both the ipsilateral and contralateral signals. Forming the fixed directional pattern which would have increased sensitivity in one direction and reduced sensitivity in another direction based on signal from both ipsilateral and contralateral signals can be considered “performing interaural magnification of the first directional signal relative to the second directional signal.” And further, in figure 3 and ¶0030+¶0037 of Mosgaard, teaches the Roll-on Filter 304-R/L and Digital signal processors 115R/L both applies gain to the directional pattern of the fixed beamformer which would also teach “performing interaural magnification of the first directional signal relative to the second directional signal” since the gain would be applied to the directional pattern formed based on signals from both ipsilateral and contralateral signals. Note that no limitation define how the first directional signal is relative to the second directional signal. Therefore, applicant’s arguments are not persuasive and the claims stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NORMAN YU whose telephone number is (571)270-7436. The examiner can normally be reached on Mon - Fri 11am-7pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria, Va. 22313-1450
Or faxed to:
(571) 273-8300, for formal communications intended for entry and for
informal or draft communications, please label “PROPOSED” or “DRAFT”.
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Arlington, VA 22314
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NORMAN YU/Primary Examiner, Art Unit 2693