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 .
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pedersen et al. (US 20150230036).
Regarding claims 1, 8, and 15, Pedersen et al. disclose a system (the hearing aid device system 2, 2’) or a computer-implemented method (the hearing aid device system is programmable with algorithms) comprising: one or more processors (a signal processing unit, Par. 0061); and logic encoded (spatial algorithms, algorithm for defining a resulting microphone characteristic, a noise reduction algorithm, or a feedback estimation algorithm; Par. 0208) in one or more non-transitory computer-readable storage media (a memory; Pars. 0061 & 0216) for execution by the one or more processors and when executed operable to cause the one or more processors to perform operations comprising: detecting at least one gesture of a user (Par. 0208; “the hearing aid user 4 turns his head”; the user turning his head or head movement corresponds to at least one gesture) wherein the at least one gesture corresponds to at least one command (the turning of the head is a command) that modifies at least one target auditory pickup configuration associated with a hearing device associated with the user (Par. 0208; “Fig. 9(b) shows a situation in which the hearing aid user 4 turns his head. Thus, the acoustic surroundings change. Hereby spatial algorithms in the hearing aid devices 2, 2 (e.g. a noise reduction (e.g. including a directional) algorithm for defining a resulting microphone characteristic, a noise reduction algorithm, or a feedback estimation algorithm) need to adapt to the new acoustic setup”, and wherein the hearing device is configured to detect one or more sounds (Par. 0220, “Both hearing aid devices 2, 2’ detect sound from the surroundings of the hearing aid user”).
Regarding claims 2, 9 and 16, Pedersen et al. disclose wherein the at least one gesture is associated with at least one head movement of the user (Par. 0205; “the hearing aid user 4 turns his head”).
Regarding claims 3, 10 and 17, Pedersen et al. disclose wherein the at least one gesture comprises three degrees of freedom (Pars 0266-0269, yaw, pitch and roll head movements).
Regarding claims 4, 11 and 18, Pedersen et al. disclose wherein the at least one gesture corresponds to the at least one target auditory pickup configuration (Fig. 3b, the hearing aid user 4 turns his head from a first position or configuration I to a second position or configuration II for target auditory pickup).
Regarding claims 5, 12 and 19, Pedersen et al. disclose wherein the at least one gesture corresponds to at least one target microphone type (Par. 0164, accelerometer and/or gyroscope).
Regarding claims 6, 13 and 20, Pedersen et al. disclose wherein the at least one gesture corresponds to a command to increase a lateral range of the current auditory pickup configuration to a wider predetermined degree range (Fig. 3a & Fig. 3b; user 4 in Fig. 3a turns his head from position I to position II shown in Fig. 3b, thus increasing the lateral range of the current auditory pickup configuration to a wider predetermined degree range; see also Figs. 9a and 9b). Regarding claims 7 and 14, Pedersen et al. disclose wherein the at least one gesture corresponds to a command to decrease a lateral range of the current auditory pickup configuration to narrower predetermined degree range (Fig. 3a & Fig. 3b; user 4 in Fig. 3b turns his head from position II back to position I as shown in Fig. 3a, thus decreasing the lateral range of the current auditory pickup configuration to a narrower predetermined degree range; see also Figs. 9a and 9b).
Response to Arguments
Applicant argues that Pendersen is silent on gesture commands. More specifically, Pendersen is silent on detecting at least one gesture of a user, wherein the at least one gesture corresponds to at least one command that modifies at least one target auditory pickup configuration associated with a hearing device associated with the user, and wherein the hearing device is configured to detect one or more sounds; and modifying the at least one target auditory pickup configuration based on the at least one gesture, as claimed.
The examiner respectfully disagrees. In Pendersen, Par. 0208, “Fig. 9(b) shows situation in which the hearing aid user 4 turns his head (head movement is considered a gesture command). Thus, the acoustic surrounding change. Hereby spatial algorithms in the hearing aid devices 2, 2’ (e.g. a noise reduction (e.g. including a directional) algorithm for defining a resulting microphone characteristic, a noise reduction algorithm, or a feedback estimation algorithm) need to adapt to the new acoustic setup” (modifies at least one target auditory pickup configuration). Pendersen further discloses in Par. 0220, that “Both hearing aid devices 2, 2’ detect sound from the surroundings of the hearing aid user”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/Sinh Tran/
Supervisory Patent Examiner AU 2637