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
Acknowledgment is made of Applicant's submission of amendment, dated on 11/12/2025. This communication is considered fully responsive and sets forth below:
Claim Interpretations
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function. Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function. Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Claim limitation, In the claims 1-10 cited “a communication section configured to
transmit a transmission signal….; a signal generation section configured to generate the transmission signal based on a second signal transmitted to the connected receiver…; the signal generation section is further configured to generate generates the transmission signal based on a first communication state..; a monitoring section configured to monitor …;an external communication section configured to receive a transmission signal,…; a first mutual communication section configured to transmit transmits the specific signal…; a second mutual communication section configured to to receive the specific signal transmitted from the
connected receiver …,, have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “ section” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Examiner could not determine the structure of the component: a communication section; a signal generation section; a monitoring section …;an external communication section …; a first mutual communication section …; a second mutual communication section, if there are hardware, software.
Therefore, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action. If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011). 3
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 pre-AIA 35 U.S.C. 112, 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.
4. Claim 8-10 is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention.
Claims 1-10 state limitation “a communication section configured to
transmit a transmission signal….; a signal generation section configured to generate the transmission signal based on a second signal transmitted to the connected receiver…; the signal generation section is further configured to generate generates the transmission signal based on a first communication state..; a monitoring section configured to monitor …;an external communication section configured to receive a transmission signal,…; a first mutual communication section configured to transmit transmits the specific signal…; a second mutual communication section configured to receive the specific signal transmitted from the connected receiver …,invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the calculation and allocation of the resource block. The use of the term “section” is not adequate structure for performing “a communication section configured to
transmit a transmission signal….; a signal generation section configured to generate the transmission signal based on a second signal transmitted to the connected receiver…; the signal generation section is further configured to generate generates the transmission signal based on a first communication state..; a monitoring section configured to monitor …;an external communication section configured to receive a transmission signal,…; a first mutual communication section configured to transmit transmits the specific signal…; a second mutual communication section configured to receive the specific signal transmitted from the connected receiver, because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which component structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
5. The following is a quotation of 35 U.S.C. 112(a): (FP 7.30.01)
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claim 1-10 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform “a communication section configured to
transmit a transmission signal….; a signal generation section configured to generate the transmission signal based on a second signal transmitted to the connected receiver…; the signal generation section is further configured to generate generates the transmission signal based on a first communication state..; a monitoring section configured to monitor …;an external communication section configured to receive a transmission signal,…; a first mutual communication section configured to transmit transmits the specific signal…; a second mutual communication section configured to receive the specific signal transmitted from the connected receiver …. The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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 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 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PEDERSEN et al. US 20150124976 A1
Regarding claim 1, PEDERSEN et al. US 20150124976 A1 discloses a transmission apparatus ( fig.1A-1B : auxiliary (audio delivery)) comprising:
a communication section configured to: transmit a transmission signal, based on interruption of a first wireless communication, wherein the first wireless communication is communication between the transmission apparatus and a receiver of a plurality of receivers,
the transmission signal is transmitted to a connected receiver of the plurality of receivers,
the receiver executes a second wireless communication with remaining receivers of the plurality of receivers, the transmission signal includes including substance of a first signal, and the substance is transmitted directly to an unconnected receiver of the plurality of receivers, the unconnected receiver is the receiver with which the first wireless communication is interrupted, and the connected receiver is the receiver with which the first wireless communication is not interrupted [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0033] the binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion , wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone ( i.e., the unconnected receiver is the receiver with which the first wireless communication is interrupted) ,In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) (i.e., the connected receiver is the receiver with which the first wireless communication is not interrupted) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second hearing assistance device via the interaural inductive link (1).
Regarding claim 2, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 1,
PEDERSEN further discloses a signal generation section configured to generate the transmission signal based on a second signal transmitted to the connected receiver and the first signal transmitted to the unconnected receiver.
[0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) , wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone ( i.e., the unconnected receiver is the receiver with which the first wireless communication is interrupted) ,In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) (i.e., the connected receiver is the receiver with which the first wireless communication is not interrupted) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second hearing assistance device via the interaural inductive link (1).
Regarding claim 3, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 2.
PEDERSEN further discloses wherein the signal generation section is further configured to generate the transmission signal based on a first communication state of the first wireless
communication with the connected receiver and a second communication state of the
second wireless communication between the connected receiver and the unconnected receiver. [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) , wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone ( i.e., the unconnected receiver is the receiver with which the first wireless communication is interrupted) ,In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) (i.e., the connected receiver is the receiver with which the first wireless communication is not interrupted) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second hearing assistance device via the interaural inductive link (1).
Regarding claim 4, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 3.
PEDERSEN further discloses wherein in a case where the second wireless communication between the connected receiver and the unconnected receiver is interrupted, the signal generation section is further configured to generate the transmission signal of a monaural type based on the second signal transmitted to the connected receiver and the first signal transmitted to the unconnected receiver. [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) , wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone ( i.e., the unconnected receiver is the receiver with which the first wireless communication is interrupted) ,In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) (i.e., the connected receiver is the receiver with which the first wireless communication is not interrupted) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second hearing assistance device via the interaural inductive link (1).
Regarding claim 5, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 3.
PEDERSEN further discloses wherein in a case where the second wireless communication between the connected receiver and the unconnected receiver is not interrupted, the signal generation section is further configured to generate the transmission signal that includes the second signal transmitted to the connected receiver and the first signal transmitted to the unconnected receiver( fig.1A-1B and [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0129] FIG. 5C illustrates a situation, where each of the first and second hearing assistance devices (HAD1, HAD2) is configured to establish a separate second RF-link (2, 2′) to respective first and second auxiliary devices (AD1, AD2). In this setup, each of the first and second hearing assistance devices (HAD1, HAD2) may receive independent audio signals. The first hearing assistance device may e.g. receive a live transmission (e.g. from a telephone or a radio) from the first auxiliary device, and the second hearing assistance device may e.g. receive a recorded transmission (e.g. of music, or an audio book, etc.) from the second auxiliary device. Wherein The different audio signals received in the first and second hearing assistance devices (HAD1, HAD2) may be exchanged between the hearing assistance devices via the first inductive communication link (1).
Regarding claim 7, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 3.
PEDERSEN further discloses a monitoring section configured to monitor a the first communication state of the first wireless communication with the plurality of receivers and the second communication state of the second wireless communication between the plurality of receivers [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone (i.e.,a signal that has been transmitted directly to an unconnected receiver that is the receiver with which wireless communication is interrupted). In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second first hearing assistance device via the interaural inductive link (1).
Regarding claim 8, PEDERSEN et al. US 20150124976 A1 discloses A reception apparatus comprising: a plurality of multiple receivers, wherein the plurality of receivers includes a receiver which is configured to execute wireless communication with remaining receivers of the plurality of receivers, [0028] the first and second hearing assistance devices can receive signals (e.g. audio and/or data signals) from auxiliary devices, and relevant signals (e.g. audio and/or data (e.g. control) signals) can be exchanged between the two hearing assistance devices via the first communication link)
wherein a connected receiver whose second wireless communication with a transmission apparatus is not interrupted, wherein the connected receiver includes; an external communication section configured to receive a transmission signal that is transmitted from the transmission apparatus,
wherein the transmission signal includes substance of a specific signal transmitted from the transmission apparatus directly to an unconnected receiver of the plurality of
receivers, and
the unconnected receiver is the receiver with which the second wireless communication of the transmission apparatus is interrupted, and a first mutual communication section configured to transmit the specific signal in the transmission signal
to the unconnected receiver; and
the unconnected receiver which includes a second mutual communication
section configured to receive the specific signal transmitted from the
connected receiver.
[0028] the first and second hearing assistance devices can receive signals (e.g. audio and/or data signals) from auxiliary devices, and relevant signals (e.g. audio and/or data (e.g. control) signals) can be exchanged between the two hearing assistance devices via the first communication link) and [0033] the binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion, for example, [0089] discloses two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone (i.e.,a signal that has been transmitted directly to an unconnected receiver that is the receiver with which wireless communication is interrupted). In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second first hearing assistance device via the interaural inductive link (1).
Regarding claim 9, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 8.
PEDERSEN further discloses The reception apparatus according to claim 8, wherein
the connected receiver further includes a first audio outputting section
configured to output audio based on the transmission signal
transmitted from the transmission apparatus, and
the unconnected receiver further includes a second audio outputting section
configured to output audio based on the specific a signal
transmitted from the connected receiver. (figs.2 and 3A-3B ) and [0028] the first and second hearing assistance devices can receive signals (e.g. audio and/or data signals) from auxiliary devices, and relevant signals (e.g. audio and/or data (e.g. control) signals) can be exchanged between the two hearing assistance devices via the first communication link) and [0033] he binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion, for example, [0089] discloses two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link).
Regarding claim 10, PEDERSEN et al. US 20150124976 A1 discloses A communication system, comprising:
a transmission apparatus that includes a communication section configured to
transmit a transmission signal, based on interruption of a first
wireless communication,
wherein
the first wireless communication is communication between the
transmission apparatus and a receiver of a plurality of receivers,
the transmission signal is transmitted to a connected receiver of the plurality of receivers,
the receiver executes a second wireless communication with remaining receivers of the plurality of receivers,
the transmission signal includes substance of a specific signal, and the substance is transmitted
directly to an unconnected receiver of the plurality of receivers,
the unconnected receiver is the receiver with which the first wireless communication is interrupted, and
the connected receiver is the receiver which the first wireless communication is not interrupted; [0028] the first and second hearing assistance devices can receive signals (e.g. audio and/or data signals) from auxiliary devices, and relevant signals (e.g. audio and/or data (e.g. control) signals) can be exchanged between the two hearing assistance devices via the first communication link) and [0033] he binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion, for example, [0089] discloses two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone (i.e.,a signal that has been transmitted directly to an unconnected receiver that is the receiver with which wireless communication is interrupted). In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second first hearing assistance device via the interaural inductive link (1).
and
a reception apparatus that includes the plurality receivers,
wherein
the connected receiver includes:
an external communication section configured to receive
the transmission signal transmitted from the transmission apparatus, and
a first mutual communication section configured to transmit
the specific signal included in the transmission signal to the unconnected receiver, and
the unconnected receiver includes a second mutual communication section
configured to receive the specific signal transmitted from the
connected receiver(figs.2 and 3A-3B ) and [0028] the first and second hearing assistance devices can receive signals (e.g. audio and/or data signals) from auxiliary devices, and relevant signals (e.g. audio and/or data (e.g. control) signals) can be exchanged between the two hearing assistance devices via the first communication link) and [0033] he binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion, for example, wherein [0129] FIG. 5C illustrates a situation, where each of the first and second hearing assistance devices (HAD1, HAD2) is configured to establish a separate second RF-link (2, 2′) to respective first and second auxiliary devices (AD1, AD2). In this setup, each of the first and second hearing assistance devices (HAD1, HAD2) may receive independent audio signals. The first hearing assistance device may e.g. receive a live transmission (e.g. from a telephone or a radio) from the first auxiliary device, and the second hearing assistance device may e.g. receive a recorded transmission (e.g. of music, or an audio book, etc.) from the second auxiliary device. Wherein The different audio signals received in the first and second hearing assistance devices (HAD1, HAD2) may be exchanged between the hearing assistance devices via the first inductive communication link (1).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over PEDERSEN et al. US 20150124976 A1 in view of Hamza US20220353520A1
Regarding claim 6, PEDERSEN et al. US 20150124976 A1 discloses all features with respect to claim 5.
PEDERSEN further discloses wherein in a case where a bandwidth of the first wireless communication with the connected receiver is smaller than a threshold level, the signal generation section is further
configured to generate the transmission signal that includes the second signal
transmitted to the connected receiver and the first signal to be transmitted to the
unconnected receiver
PEDERSEN further discloses the signal generation section generates the transmission signal that includes the signal to be transmitted to the connected receiver and the signal to be transmitted to the unconnected receiver[0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone (i.e., a signal that has been transmitted directly to an unconnected receiver that is the receiver with which wireless communication is interrupted). In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second first hearing assistance device via the interaural inductive link (1). See [0137]).
PEDERSEN does not disclose wherein, in a case where a bandwidth of wireless communication with the connected receiver is smaller than a threshold level ;the generated transmission signal has a lowered bit rate as compared to a case where the bandwidth is greater than the threshold level.
Hamza US20220353520A1 discloses wherein, in a case where a bandwidth of wireless communication with the connected receiver is smaller than a threshold level [0154 ] the representation of a volumetric content component may be changed or updated to a representation with lower bitrate, which may be coded using a different codec, for example, if the bandwidth available during a streaming session is low (for example, below a threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify PEDERSEN by including wherein, in a case where a bandwidth of wireless communication with the connected receiver is smaller than a threshold level and the signal has a lowered bit rate, as taught by Hamza, in order to lower bitrate ,if the bandwidth available during a streaming session is low (for example, below a threshold) (see Hamza [0154 ]).
The combination of PEDERSEN and Hamza does not disclose the generated transmission signal has a lowered bit rate as compared to a case where the bandwidth is greater than the threshold level.
Heiman et al US20210160559A1 discloses the generated transmission signal has a lowered bit rate as compared to a case where the bandwidth is greater than the threshold level [0026] the current bandwidth use is at or over the first predetermined threshold, a low bitrate session is requested.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify combination of PEDERSEN and Hamza by including the generated transmission signal has a lowered bit rate as compared to a case where the bandwidth is greater than the threshold level, as taught by Heiman, in order to request a low bitrate, when the bandwidth is at or over the predetermined threshold (see Heiman [0026 ]).
Response to Remarks/Arguments
Applicant’s argument:
Applicant argued that the references cited do not disclose "the transmission signal includes substance of a first signal, and the substance is transmitted directly to an unconnected receiver of the plurality of receivers," as recited in amended independent claim 1.
Examiner’s response:
Applicant’s argument with respect to the pending claims have been fully considered, but they are not persuasive for at least the following reasons:
Examiner noted that the substance of a first signal is not clear.
Thus, Examiner interpret “the substance of a first signal” as signal transmitted from the transmitter to unconnected receiver via connected receiver. Therefore ,the PEDERSEN et al. US 20150124976 A1 discloses "the transmission signal includes substance of a first signal, and the substance is transmitted directly to an unconnected receiver of the plurality of receivers, [0089] disclose two hearing assistance devices (i.e., multiple receivers) receiving an audio signal from an auxiliary (audio delivery) device (i.e., transmission apparatus) via a wireless link) wherein [0033] the binaural hearing assistance system is configured to receive an audio signal in one of said first and second hearing assistance devices (HAD1, HAD2) from an auxiliary device via said second communication link and to relay it via said first communication link to the other hearing assistance device, in case the link quality measures as determined in said first and second hearing assistance devices fulfil a predefined criterion , wherein [0136] FIG. 5G illustrates a situation similar to the one in FIG. 5F, but where the auxiliary device itself (AD), here a cellular telephone, jams the second transceiver circuitry in the second hearing assistance device (HAD2) (too close to the transmitter of the cellular telephone), thereby prohibiting the device from receiving the audio signal from the cellular telephone ( i.e., the unconnected receiver is the receiver with which the first wireless communication is interrupted) ,In the scenario of FIG. 5G, the RF-link (2) from the cellular telephone (AD) to the first hearing assistance device (HAD1) (i.e., the connected receiver is the receiver with which the first wireless communication is not interrupted) is functional and the binaural hearing assistance system is configured to relay the audio signal received in the first hearing assistance device to the second hearing assistance device via the interaural inductive link (1).
Based on the fact, Examiner respectfully disagrees that the prior art cited does not teach the limitation of the independent claim 1, as argued by applicants. The other Independent Claims, recite features analogous to those of Claim 1, the cited passages teach the other independent claims, as well. Furthermore, the cited passages teach dependent claims, as well.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478