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 Amendment
1. The amendment filed March 31, 2026 has been entered. Claims 1, 4-9, 11-17, 19, and 20 are still pending in the application.
Claim Rejections - 35 USC § 103
2. 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 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.
3. Claim(s) 1, 4-9, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Recker (U.S. Pub. No. 2022/0353624 A1) in view of Gadonniex et al. (U.S. Pub. No. 2017/0193974 A1, hereinafter "Gadonniex").
Regarding Claim 1, Recker teaches a hearing aid configured to be worn by a user at or in an ear of the user (hearing aid 100c, 700, and 800, Figs. 1A, 1C, 7, and 8A), the hearing aid comprising:
an ITE-part adapted for being located at or in an ear canal of the user (ITE-part 102, 712, and 812, Figs. 1A, 1C, 7 and 8A, Para. [0077]);
a BTE-part adapted for being located at or behind the ear of the user (BTE-part 104, 702, and 802, Figs. 1A, 1C, 7 and 8A, Paras. [0077] and [0119]) and a connecting element adapted for mechanically and electrically connecting said BTE-part and said ITE-part (connecting element 110a, 830, Figs. 1A, 1C, and 8A, Paras. [0078], [0123], and [0124]), wherein said connecting element comprises an acoustic tube (acoustic tube 852, Fig. 8A, Para. [0124]);
at least one first input transducer configured to provide corresponding at least one first electric input signal representing sound (microphone 150, Fig. 1C, Para. [0083]);
a hearing aid processor configured to provide a processed signal in dependence of said at least one electric input signal (processor 140, Fig. 1C, Para. [0083]);
a first output transducer configured to play sound to the user in dependence of said processed signal, or a signal dependent thereon, wherein said first output transducer is located in said BTE-part (output transducer 152, 808 located in BTE-part 104, 802, Figs. 1C and 8A, Para. [0083]); and
an ear canal input transducer located in said ITE-part and configured to provide an electric ear canal input signal representing sound in said ear canal, when the user wears the hearing aid (microphone 130 located in ITE-part 102, Fig. 1C, Para. [0082]);
a second output transducer located in said ITE-part configured to play sound to the user (output transducer 132, 818 located in ITE-part 102, 812, Figs. 1C, and 8A, Para. [0082]);
wherein the first output transducer is configured to output at first frequencies and the second output transducer is configured to output at second frequencies, the second frequencies being below the first frequencies (second speaker [first output transducer] of second device [BTE-part 104] is configured to output at first frequency range higher than the second frequency range of first speaker [second output transducer] of first device [ITE-part 102], Para. [0094]).
Recker fails to explicitly teach an active occlusion cancellation system for providing an acoustic anti-occlusion signal configured to cancel or diminish a sense of occlusion of the user when the user is speaking, or otherwise is using his or her voice, or when otherwise moving the jaws, wherein the active occlusion cancellation system comprises:
an ear canal sound estimation unit configured to estimate sound in said ear canal and to provide an electric anti-occlusion signal in dependence of said electric ear canal input signal and said processed signal;
a second output transducer located in said ITE-part configured to play sound to the user and to provide said acoustic anti-occlusion signal in dependence of said electric anti-occlusion signal, wherein said second output transducer is specifically adapted to provide sound at frequencies below a threshold frequency.
However, Gadonniex teaches an active occlusion cancellation system for providing an acoustic anti-occlusion signal configured to cancel or diminish a sense of occlusion of the user when the user is speaking, or otherwise is using his or her voice, or when otherwise moving the jaws (system 100, 300 for performing occlusion reduction to cancel distortion of the users voice, Fig. 1, Paras. [0017] and [0027]), wherein the active occlusion cancellation system comprises:
an ear canal sound estimation unit configured to estimate sound in said ear canal (occlusion reduction module 330 estimates an ear canal sound by receiving internal microphone signal, Para. [0027]) and to provide an electric anti-occlusion signal in dependence of said electric ear canal input signal and said processed signal (occlusion reduction module generates, based on the internal microphone signal x.sub.in, a first signal. When played by loudspeaker 118, the first signal cancels out some low frequencies of the distorted voice, Para. [0027]);
a second output transducer located in said ITE-part (transducer 118 of ITE-part 202, Figs. 1 and 2, Para. [0022]) configured to play sound to the user and to provide said acoustic anti-occlusion signal in dependence of said electric anti-occlusion signal (occlusion reduction module generates, based on the internal microphone signal x.sub.in, a first signal. When played by loudspeaker 118, the first signal cancels out some low frequencies of the distorted voice, Para. [0027]), wherein said second output transducer is specifically adapted to provide sound at frequencies below a threshold frequency (the occlusion reduction can be carried via use of a limited bandwidth noise cancellation. The bandwidth of noise cancellation for occlusion reduction may be limited to between 100 Hz and 1 KHz, Para. [0029]; loudspeaker 118 is therefore adapted to provide sound below a threshold of 1Khz).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker) to include the occlusion cancellation, ear canal sound estimation and providing anti-occlusion signal (as taught by Gadonniex). Doing so improves voice quality (Gadonniex Para. [0027]).
Regarding Claim 4, Recker in view of Gadonniex teach wherein said at least one first input transducer comprises a microphone (Recker, microphone 150, Fig. 1C, Para. [0083]).
Regarding Claim 5, Recker in view of Gadonniex teach wherein said at least one first input transducer comprises an audio receiver (Gadonniex, BTE modules 204, 206 may include a Bluetooth radio link which can act as an audio receiver, Para. [0023]).
Regarding Claim 6, Recker in view of Gadonniex teach wherein said first or second output transducer comprises a loudspeaker (Recker, speakers 152, 132, Figs. 1C and 8A, Paras. [0082] and [0083]).
Regarding Claim 7, Recker in view of Gadonniex teach wherein said second output transducer is specifically adapted to provide sound at frequencies below a threshold frequency smaller than or equal to 1 kHz (Gadonniex, the occlusion reduction can be carried via use of a limited bandwidth noise cancellation. The bandwidth of noise cancellation for occlusion reduction may be limited to between 100 Hz and 1 KHz, Para. [0029]; the second output transducer can therefore be adapted to provide sound below or equal to 1Khz).
Regarding Claim 8, Recker in view of Gadonniex teach configured to provide that the first and second output transducers play sound in different frequency ranges (Recker, first and second output transducers play sound in different frequency ranges, Para. [0094]).
Regarding Claim 9, Recker in view of Gadonniex teach configured to provide that the first output transducer plays sound above a first threshold frequency (fth,1), and that the second output transducer plays sound below a second threshold frequency (fth,2), wherein the first threshold frequency (fth,1) is smaller than or equal to the second threshold frequency (fth,2) (Recker, first output transducer of BTE-part plays sound in a specific frequency range that is above or overlaps the frequency range of the second output transducer of the ITE-part, Paras. [0051] and [0094]; Gadonniex, output transducer of the ITE-part has frequency range limited to between 100 Hz and 1 KHz, Para. [0029]; i.e. the first and second threshold frequencies can be adapted to be equal to 1KHz).
Regarding Claim 19, Recker teaches a hearing aid configured to be worn by a user at or in an ear of the user (hearing aid 100c, 700, and 800, Figs. 1A, 1C, 7, and 8A), the hearing aid comprising:
an ITE-part adapted for being located at or in an ear canal of the user (ITE-part 102, 712, and 812, Figs. 1A, 1C, 7 and 8A, Para. [0077]);
a BTE-part adapted for being located at or behind the ear of the user (BTE-part 104, 702, and 802, Figs. 1A, 1C, 7 and 8A, Paras. [0077] and [0119]); and
a connecting element adapted for mechanically and electrically connecting said BTE-part and said ITE-part, wherein said connecting element comprises an acoustic tube (connecting element 110a, 830, Figs. 1A, 1C, and 8A, Paras. [0078], [0123], and [0124]), wherein said connecting element comprises an acoustic tube (acoustic tube 852, Fig. 8A, Para. [0124]);
at least one first input transducer configured to provide corresponding at least one first electric input signal representing sound (microphone 150, Fig. 1C, Para. [0083]);
a hearing aid processor configured to provide a processed signal in dependence of said at least one electric input signal (processor 140, Fig. 1C, Para. [0083]);
a first output transducer located in said BTE-part configured to play sound to the user in dependence of said processed signal, or a signal dependent thereon (output transducer 152, 808 located in BTE-part 104, 802, Figs. 1C and 8A, Para. [0083]), said first output transducer being specifically adapted to frequencies above a threshold frequency (second speaker [first output transducer] of second device [BTE-part 104] can be adapted to frequencies above a threshold frequency (i.e. the higher frequency range of first speaker of first device [ITE-part 102], Para. [0094]);
an ear canal input transducer located in said ITE-part and configured to provide an electric ear canal input signal representing sound in said ear canal, when the user wears the hearing aid (microphone 130 located in ITE-part 102, Fig. 1C, Para. [0082]);
a second output transducer located in said ITE-part configured to play sound to the user (output transducer 132, 818 located in ITE-part 102, 812, Figs. 1C, and 8A, Para. [0082]).
Recker fails to explicitly teach an active occlusion cancellation system for providing an acoustic anti-occlusion signal configured to cancel or diminish a sense of occlusion of the user when the user is speaking, or otherwise is using his or her voice, or when otherwise moving the jaws; wherein the active occlusion cancellation system comprises:
an ear canal sound estimation unit configured to estimate sound in said ear canal and to provide an electric anti-occlusion signal in dependence of said electric ear canal input signal and said processed signal;
a second output transducer located in said ITE-part configured to play sound to the user and to provide said acoustic anti-occlusion signal in dependence of said electric anti-occlusion signal, wherein said second output transducer is specifically adapted to provide sound at frequencies below said threshold frequency.
However, Gadonniex teaches an active occlusion cancellation system for providing an acoustic anti-occlusion signal configured to cancel or diminish a sense of occlusion of the user when the user is speaking, or otherwise is using his or her voice, or when otherwise moving the jaws (system 100, 300 for performing occlusion reduction to cancel distortion of the users voice, Fig. 1, Paras. [0017] and [0027]); wherein the active occlusion cancellation system comprises
an ear canal sound estimation unit configured to estimate sound in said ear canal (occlusion reduction module 330 estimates an ear canal sound by receiving internal microphone signal, Para. [0027]) and to provide an electric anti-occlusion signal in dependence of said electric ear canal input signal and said processed signal (occlusion reduction module generates, based on the internal microphone signal x.sub.in, a first signal. When played by loudspeaker 118, the first signal cancels out some low frequencies of the distorted voice, Para. [0027]);
a second output transducer located in said ITE-part (transducer 118 of ITE-part 202, Figs. 1 and 2, Para. [0022]) configured to play sound to the user and to provide said acoustic anti-occlusion signal in dependence of said electric anti-occlusion signal (occlusion reduction module generates, based on the internal microphone signal x.sub.in, a first signal. When played by loudspeaker 118, the first signal cancels out some low frequencies of the distorted voice, Para. [0027]), wherein said second output transducer is specifically adapted to provide sound at frequencies below a threshold frequency (the occlusion reduction can be carried via use of a limited bandwidth noise cancellation. The bandwidth of noise cancellation for occlusion reduction may be limited to between 100 Hz and 1 KHz, Para. [0029]; loudspeaker 118 is therefore adapted to provide sound below a threshold of 1Khz).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker) to include the occlusion cancellation, ear canal sound estimation, providing anti-occlusion signal, and acoustic signal below a threshold frequency (as taught by Gadonniex). Doing so improves voice quality (Gadonniex Para. [0027]).
Regarding Claim 20, Recker in view of Gadonniex teach wherein said threshold frequency is in the range between 400 Hz and 800 Hz (Gadonniex, the bandwidth of noise cancellation for occlusion reduction may be limited to between 100 Hz and 1 KHz, Para. [0029]; i.e. the threshold frequency can be adapted to be in the range between 400 Hz and 800 Hz).
4. Claim(s) 11-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Recker (U.S. Pub. No. 2022/0353624 A1) in view of Gadonniex et al. (U.S. Pub. No. 2017/0193974 A1, hereinafter "Gadonniex"), and further in view of DE HAAN et al. (U.S. Pub. No. 2021/0092531 A1, hereinafter "DE HAAN").
Regarding Claim 11, Recker in view of Gadonniex fail to explicitly teach comprising an own voice detector configured to estimate whether or not, or with what probability, a given input sound originates from the voice of the user and to provide an own voice control signal in dependence thereof.
However, Recker in view of Gadonniex teach provide an own voice control signal in dependence thereof (Gadonniex, internal microphone 106 captures user's voice distorted and sends it to occlusion reduction module 330 which generates a control signal to improve voice quality of user, Paras. [0025]-[0027]).
However, DE HANN teaches an own voice detector configured to estimate whether or not, or with what probability, a given input sound originates from the voice of the user (probability of user's own voice can be estimated, Paras. [0054] and [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker in view of Gadonniex) to include the voice detector (as taught by DE HAAN). Doing so provides adaptable anti-occlusion signals improving the hearing experience.
Regarding Claim 12, Recker in view of Gadonniex fail to explicitly teach comprising a movement detector configured to detect said movement of the jaws of the user, and to provide a jaw movement control signal in dependence thereof.
However, DE HANN teaches comprising a movement detector configured to detect said movement of the jaws of the user, and to provide a jaw movement control signal in dependence thereof (movement detector to detect jaw movement, a jaw movement control signal is provided, Para. [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker in view of Gadonniex) to include the movement detector (as taught by DE HAAN). Doing so provides adaptable anti-occlusion signals improving the hearing experience.
Regarding Claim 13, Recker in view of Gadonniex, and further in view of DE HANN teach wherein the ear canal sound estimation unit (ECSE) is configured to provide said electric anti-occlusion signal in dependence of said own voice control signal and/or said jaw movement control signal (Gadonniex, internal microphone 106 detects user's own voice distorted and sends to occlusion reduction module 330 which generates a control signal to improve voice quality of user, Paras. [0025]-[0027]).
Regarding Claim 14, Recker in view of Gadonniex, and further in view of DE HANN teach configured to operate in different modes (Gadonniex, first operational mode for the occlusion reduction and the second operational mode for the ANR, Fig. 3, Para. [0030]), including an anti-occlusion-mode wherein the active occlusion cancellation system is enabled, and where the anti-occlusion-mode is enabled or disabled in dependence of said own voice control signal and/or said jaw movement control signal (Gadonniex, anti-occlusion mode is enabled or disabled in dependence the user voice signal, Claims 7 and 17).
Regarding Claim 17, Reckeer in view of Gadonniex teach a binaural hearing aid system comprising first and second hearing aids (Gadonniex, Fig. 2 shows a first and second hearing aid), enabling and disabling the anti-occlusion cancellation system (Gadonniex, the first mode of anti-occlusion is enabled or disable, Paras. [0030], Claims 7 and 17).
Recker in view of Gadonniex fail to explicitly teach wherein the first and second hearing aids are configured to establish a communication link between them allowing a coordination of enabling and disabling the anti-occlusion cancellation system.
However, DE HANN teaches the first and second hearing aids are configured to establish a communication link between them (each of the hearing instruments may comprise a wireless transceiver to establish a communication link between the hearing devices, Fig. 6A, Para. [0208]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker in view of Gadonniex) to include the communication link between the hearing aids allowing coordination of enabling or disabling anti-occlusion (as taught by DE HAAN). Doing so provides a balanced anti-occlusion signals improving listening experience.
5. Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Recker (U.S. Pub. No. 2022/0353624 A1) in view of Gadonniex et al. (U.S. Pub. No. 2017/0193974 A1, hereinafter "Gadonniex") in view of DE HAAN et al. (U.S. Pub. No. 2021/0092531 A1, hereinafter "DE HAAN"), and further in view of Murata et al. (U.S. Pub. No. 2015/0264469 A1, hereinafter "Murata").
Regarding Claim 15, Recker in view of Gadonniex, and further in view of DE HANN fail to explicitly teach wherein the change of enabling and disabling the anti-occlusion cancellation system may be associated with a fading scheme providing a gradual change over time from one mode of operation to another.
However, Murata teaches enabling and disabling may be associated with a fading scheme providing a gradual change over time from one mode of operation to another (switching between the cooped-up feeling elimination function and the noise canceling function at the start and the end of the playback function, cross-fade processing, in which the combining ratio between the cooped-up feeling elimination signal and the noise canceling signal is gradually changed with time, Para. [0223]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker in view of Gadonniex, and further in view of DE HANN) to include the gradual fading scheme in enable or disabling modes of operation (as taught by Murata). Doing so reduces a feeling of strangeness due to the switching (Murata Para. [0223]).
6. Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Recker (U.S. Pub. No. 2022/0353624 A1) in view of Gadonniex et al. (U.S. Pub. No. 2017/0193974 A1, hereinafter "Gadonniex"), and further in view of Engebretson et al. (U.S. Pat. No. 4,584,082, hereinafter "Engebertson").
Regarding Claim 16, Recker in view of Gadonniex teach wherein the first output transducer is a tweeter (Recker, second speaker [the first output transducer] serves as a tweeter, Para. [0094]).
Recker in view of Gadonniex fail to explicitly teach the second output transducer is a woofer.
However, Engebretson teaches the second output transducer is a woofer (a woofer 79, Fig. 3, Col. 7, Lns. 55-68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing aid (as taught by Recker in view of Gadonniex) to include the woofer (as taught by Engebretson). Doing so, the hearing aid is able to cover the entire frequency spectrum with sufficient fidelity to accommodate the hearing needs of users (Engebretson Col. 7, Lns. 55-68).
Response to Arguments
6. Applicant’s arguments, see applicant’s remark, pages 6-9, filed March 31, 2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over Warren in view of Gadonniex and claim 19 as being unpatentable over Warren in view of Khaleghimeybodi, and further in view of Gadonniex have been fully considered and are persuasive. Therefore, the rejections has been withdrawn. However, upon further consideration, a new ground(s) of rejections is made under 35 U.S.C. 103 as being unpatentable over Recker in view of Gadonniex.
Regarding independent Claims 1 and 19, Recker teaches a hearing aid having a BTE-part output transducer and an ITE-part output transducer. The BTE-part output transducer operates on a higher frequency range than the ITE-part output transducer. Gadonniex teaches a hearing aid having an occlusion cancellation system providing anti-occlusion signal to an ITE-part output transducer which operates between 100 Hz and 1 KHz.
The combination of the teachings of Recker in view Gadonniex renders Claims 1 and 19 obvious. The rejections of Claims 1 and 19 based on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Recker in view of Gadonniex is maintained.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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