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 .
DETAILED ACTION
Claims 8-14 are presented for examination.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Hearing Device with Wind Noise Canceller Adjustment Based on Motion Sensor Data.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8-10, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. US Publication No. 20200236466 (from IDS).
Referring to claim 8, Zhao et al. teaches a method for operating a hearing device or a hearing aid (para 0050: “In an implementation mode, the device is a headphone”), the method comprising:
providing a hearing device (para 0050: “the device is a headphone”; Fig. 1: control system 20 of device) having a wind noise canceller (Fig. 1: wind suppression submodule 241 of control system 20) and a motion sensor (Fig. 1: acceleration sensor 11; location module 12; para 0058: “the movement speed of the user is calculated according to the geographic location data”; 0059: “the cadence value of the user is calculated according to the acceleration data”); and
adjusting the wind noise canceller as a function of measurement data recorded by the motion sensor (para 0008: “a usage scenario of a user is analyzed according to acceleration data output by the acceleration sensor and geographic location data output by the location module”; paras 0068-0069: “if the usage scenario is that the user is in the road environment and in the walking mode, the operation that the working of the audio signal volume adjustment module, the active noise cancellation module, and the ambient sound adjustment module is controlled according to the usage scenario, the sound pressure level of the ambient sound signal, and the energy distribution and the spectral distribution of the ambient sound signal further includes that: the wind noise suppression submodule is controlled to perform the suppressive filtering to the wind noise signal in the ambient sound signal”).
Referring to claim 9, Zhao et al. teaches adjusting a maximum cancellation performance of the wind noise canceller (para 0214).
Referring to claim 10, Zhao et al. teaches adjusting a minimum cancellation performance of the wind noise canceller (para 0214).
Referring to claim 12, Zhao et al. teaches using the measurement data to carry out a classification of an activity of a user of the hearing device, and adjusting the wind noise canceller as a function of the classification (para 0016: “a motion mode of the user are determined according to the movement speed and the cadence value”; paras 0068-0069: “if the usage scenario is that the user is in the road environment and in the walking mode, the operation that the working of the audio signal volume adjustment module, the active noise cancellation module, and the ambient sound adjustment module is controlled according to the usage scenario, the sound pressure level of the ambient sound signal, and the energy distribution and the spectral distribution of the ambient sound signal further includes that: the wind noise suppression submodule is controlled to perform the suppressive filtering to the wind noise signal in the ambient sound signal”).
Referring to claim 14, Zhao et al. teaches a hearing device or hearing aid (para 0050: “the device is a headphone”; Fig. 1: control system 20 of device), comprising:
an adjustable wind noise canceller (Fig. 1: wind suppression submodule 241 of control system 20); and
a motion sensor recording measurement data (Fig. 1: acceleration sensor 11; location module 12; para 0058: “the movement speed of the user is calculated according to the geographic location data”; 0059: “the cadence value of the user is calculated according to the acceleration data”);
said wind noise canceller being adjusted as a function of the measurement data recorded by said motion sensor (para 0008: “a usage scenario of a user is analyzed according to acceleration data output by the acceleration sensor and geographic location data output by the location module”; paras 0068-0069: “if the usage scenario is that the user is in the road environment and in the walking mode, the operation that the working of the audio signal volume adjustment module, the active noise cancellation module, and the ambient sound adjustment module is controlled according to the usage scenario, the sound pressure level of the ambient sound signal, and the energy distribution and the spectral distribution of the ambient sound signal further includes that: the wind noise suppression submodule is controlled to perform the suppressive filtering to the wind noise signal in the ambient sound signal”).
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) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al., as shown in claims 8-10, in view of Pedersen et al. US Publication No. 20200077204 (from IDS).
Referring to claim 11, Zhao et al. does not teach changing an adaptation rate, but Pedersen et al. teaches adjusting an adaptation rate of the wind noise canceller (para 0060). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust adaptation rate, as taught in Pedersen et al., in the method of Zhao et al. because “the sound from the expected direction can be cancelled out faster” and “can enhance the sound experience for the hearing aid user.”
Referring to claim 13, Zhao et al. does not teach determining variance in motion data, but Pedersen et al. teaches ascertaining a variance of the measurement data for successive time intervals, and adjusting the wind noise canceller as a function of the ascertained variance (paras 0146-0148). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to determine variance of motion data, as taught in Pedersen et al., in the method of Zhao et al. because “prior knowledge about the user's individual behaviour (e.g. on the basis of logged data) may be used to optimise the hearing aid device settings for each user on an individual basis.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shibuya US Publication No. 20180240453 cancels wind noise based on movement speed of the user.
Examiner respectfully requests, in response to this Office Action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line number(s) in the specification and/or drawing figure(s). This will assist Examiner in prosecuting the application.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. See 37 CFR 1.111(c).
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693