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 1-15 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 System with Noise Reduced Output Based on Signal Property of Input Signal.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 2, 3, 4, 5, 6, 7, 8, 9, and 2, respectively, of copending Application No. 18816907 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because when claims in the instant application are broader than the ones in the other application, the broad claims in the instant application are rejected under obviousness type double patenting over narrower claims, In re Van Ornum and Stang, 214 USPQ 761.
Claims 10-13 and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 12, 13, 14, and 16, respectively, of copending Application No. 18816907 (reference application) in view of Sabin et al. US Publication No. 20220369047.
These are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented.
Instant App
App ‘907
1. A hearing system, comprising at least one hearing device having:
1. A hearing system, comprising at least one hearing device having:
an input unit for obtaining an input audio signal,
1. an input unit for obtaining an input audio signal;
a processing unit for processing the input audio signal to obtain an output audio signal, and
1. a processing unit for processing the input audio signal to obtain an output audio signal; and
an output unit for outputting the output audio signal,
1. an output unit for outputting the output audio signal;
wherein the hearing system further comprises an estimation unit for estimating a signal property of the input audio signal, and
2. an estimation unit for estimating a signal property of the input audio signal,
wherein the processing unit of the at least one hearing device comprises a first audio signal path having a noise cancellation unit for obtaining a target audio signal from the input audio signal,
1. wherein the processing unit of the at least one hearing device comprises: a first audio signal path having a noise cancellation unit for obtaining a target audio signal from the input audio signal,
a second audio signal path bypassing the noise cancellation unit, and
1. a second audio signal path bypassing the noise cancellation unit, and
a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path for obtaining the output audio signal,
1. a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path for obtaining the output audio signal,
wherein the mixing unit is configured to adjust a contribution of the target audio signal to the output audio signal based on the estimated signal property of the input audio signal.
2. wherein the mixing unit is configured to adjust the contribution of the target audio signal to the output audio signal based on the estimated signal property of the input audio signal.
the noise cancellation unit comprising a neural network for contributing to obtaining the target audio signal, wherein the second audio signal path comprises a delay compensation unit for compensating processing times in the first audio signal path.
Regarding the above double patenting rejections, one of ordinary skill in the art would find similar mappings between claims 2-9 and 14 of the instant application and claims 2, 3, 4, 5, 6, 7, 8, 9, and 2, respectively, of application '907 and between claims 10-13 and 15 of the instant application and claims 10, 12, 13, 14, and 16, respectively, of application '907 in view of Sabin et al.; however, the mappings have been omitted for the sake of brevity.
Claims 1-9 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 2, 3, 4, 5, 6, 7, 8, 9, and 2, respectively, of copending Application No. 18816863 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because when claims in the instant application are broader than the ones in the other application, the broad claims in the instant application are rejected under obviousness type double patenting over narrower claims, In re Van Ornum and Stang, 214 USPQ 761.
Claims 10-13 and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 12, 13, 14, and 16, respectively, of copending Application No. 18816863 (reference application) in view of Sabin et al. US Publication No. 20220369047.
These are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented.
Instant App
App ‘863
1. A hearing system, comprising at least one hearing device having:
1. A hearing system, comprising at least one hearing device having:
an input unit for obtaining an input audio signal,
1. an input unit for obtaining an input audio signal;
a processing unit for processing the input audio signal to obtain an output audio signal, and
1. a processing unit for processing the input audio signal to obtain an output audio signal; and
an output unit for outputting the output audio signal,
1. an output unit for outputting the output audio signal;
wherein the hearing system further comprises an estimation unit for estimating a signal property of the input audio signal, and
2. an estimation unit for estimating a signal property of the input audio signal,
wherein the processing unit of the at least one hearing device comprises a first audio signal path having a noise cancellation unit for obtaining a target audio signal from the input audio signal,
1. wherein the processing unit of the at least one hearing device comprises: a first audio signal path having a noise cancellation unit for obtaining a target audio signal from the input audio signal,
a second audio signal path bypassing the noise cancellation unit, and
1. a second audio signal path bypassing the noise cancellation unit, and
a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path for obtaining the output audio signal,
1. a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path for obtaining the output audio signal,
wherein the mixing unit is configured to adjust a contribution of the target audio signal to the output audio signal based on the estimated signal property of the input audio signal.
2. wherein the mixing unit is configured to adjust the contribution of the target audio signal to the output audio signal based on the estimated signal property of the input audio signal.
the noise cancellation unit comprising a neural network for contributing to obtaining the target audio signal, herein the mixing unit is configured to adjust a contribution of the target audio signal to the output audio signal based on a user-set noise cancellation strength
Regarding the above double patenting rejections, one of ordinary skill in the art would find similar mappings between claims 2-9 and 14 of the instant application and claims 2, 3, 4, 5, 6, 7, 8, 9, and 2, respectively, of application '863 and between claims 10-13 and 15 of the instant application and claims 10, 12, 13, 14, and 16, respectively, of application '863 in view of Sabin et al.; however, the mappings have been omitted for the sake of brevity.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an input unit for obtaining an input audio signal”, “a processing unit for processing the input audio signal”, “an output unit for outputting the output audio signal”, “an estimation unit for estimating a signal property”, “a noise cancellation unit for obtaining a target audio signal from the input audio signal”, and “a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path” in claims 1-15 and “a delay compensation unit for compensating processing times” in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The input unit may be one or more microphones as in para 0026, the output unit may be one or more speakers as in para 0028, and the processing unit, estimation unit, noise cancellation unit, mixing unit, and delay compensation unit may be “a processor specialized on the execution of a neural network” as in para 0029.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 35 U.S.C. 112 (pre-AIA ), 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.
Claims 3-4, 8-9, 11-12, and 14-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 3-4, 8-9, 11-12, and 14-15, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Examiner interprets claim 3 as the estimation unit is comprised by the processing unit. Examiner interprets claim 4 as the estimation unit is comprised by a neural network of the noise cancellation unit. Examiner interprets claim 8 as the mixing unit is configured for applying a frequency dependent post-filter gain to the target audio signal, wherein the post-filter gain depends on the estimated signal property. Examiner interprets claim 11 as the mixing unit is configured for further adjusting a mixing ratio between the target audio signal and an audio signal of the second audio signal path, based on user preferences and/or user inputs and/or a position of the user and/or an activity of the user. Examiner interprets claim 14 as the second audio signal path comprises a delay compensation unit for compensating processing times by the noise cancellation unit. Examiner interprets claim 15 as the respective mixing units of the two hearing devices are configured for synchronizing the contributions of the respective target audio signals depending on a target direction of a sound source.
Referring to claim 12, claim 12 recites the limitation “adjust the contribution of the target audio signal in the output audio signal in perceptually equidistant steps.” It is unclear what “perceptually equidistant steps” are because “perceptually” is a subjective term and such steps of one user would be perceived differently than such steps of a second user. It is also unclear how steps are related to the adjustment of the contribution of the target audio. Examiner interprets claim as the mixing unit is configured to adjust the contribution of the target audio signal in the output audio signal.
Referring to claim 15, claim 15 recites the limitation “the hearing devices are connected in a data transmitting manner, and the mixing units of the hearing devices are configured for synchronizing the contribution of the target audio signal in the respective output audio signals depending on the estimated signal property of the respective input audio signals, in particular depending on a target direction of a sound source.” There is insufficient antecedent basis for this limitation in the claim. The claim also states that the contribution of the target audio signal in respective outputs are synchronized. However, synchronization means that the timing of two or more actions are made to happen at exactly the same time. It is unclear what is meant by synchronizing the contribution. The contribution itself is not an action but merely a piece of data and it is unclear how two pieces of data could be synchronized. Further, it is unclear how synchronization is dependent upon a sound source target direction. Regardless of where the target direction is, ultimately it is clocks that need to be synchronized and an external sound direction does not affect clock times of a device. Typically, right and left hearing devices are synchronized in order to provide a user with a sense of directionality, but the directionality does not affect the actual act of synchronization. Examiner interprets claim 15 as The hearing system according to claim 1, wherein the at least one hearing device comprises two hearing devices adapted for binaural audio signal processing, wherein the two hearing devices are connected in a data transmitting manner and each of the two hearing devices comprise the mixing unit, wherein the two hearing devices are synchronized.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al. US Publication No. 20220369047 (from IDS) in view of Andersen et al. US Publication No. 20200260198.
Referring to claim 1, Sabin et al. teaches a hearing system, comprising at least one hearing device (Fig. 1: hearing assist device 100) having:
an input unit for obtaining an input audio signal (Fig. 1: microphones 114),
a processing unit for processing the input audio signal to obtain an output audio signal (Fig. 1: audio processing system 102 with machine learning system 104, mixer 108; para 0039: “electronics 304, such as a processor module (e.g., incorporating audio processing system 102 and mixer 108, FIG. 1)”), and
an output unit for outputting the output audio signal (Fig. 1: electrostatic transducer 124),
wherein the hearing system further comprises an estimation unit for estimating a signal property of the input audio signal (para 0032: “mixer 108 includes a mixing algorithm 110 that processes an environmental noise assessment input”; para 0033: “the amount of noise detected from the environmental noise assessment… the type of noise detected, e.g., low frequency humming may dictate a higher proportion of unprocessed audio signal 132… a signal-to-noise ratio (SNR) derived from the environmental noise assessment”), and
wherein the processing unit of the at least one hearing device comprises
a first audio signal path having a noise cancellation unit for obtaining a target audio signal from the input audio signal (Fig. 1: machine learning system 104; para 0030: “ML system 104 may process the input signal 115 (received in time domain) in the time or frequency domain and predict which components contain speech 118 and which components contain noise 120. In this example, the noise components can then be blocked, leaving only the speech components, which can then be transformed back to the time domain and output as the ML enhance audio signal 116 to the user.”),
a second audio signal path bypassing the noise cancellation unit (Fig. 1: unprocessed signal 132 bypasses ML system 104), and
a mixing unit for mixing the target audio signal from the first audio signal path with audio signals from the second audio signal path for obtaining the output audio signal,
wherein the mixing unit is configured to adjust a contribution of the target audio signal to the output audio signal based on the estimated signal property of the input audio signal (Fig. 1: mixer 108; para 0032: “mixer 108 includes a mixing algorithm 110 that processes an environmental noise assessment input, e.g., obtained via a sensor 128 or a user input 130, to determine a set of mixing coefficients that dictates how much of each signal should be output (e.g., 80% enhanced ML audio signal 116, 20% unprocessed signal 132)”).
However, Sabin et al. does not teach a processor that has neural network capability per se, but teaches a processing unit (para 0007: “The hearing device is configured to provide that said signal processor comprises a neural network”). Both Sabin et al. and Andersen et al. teach machine learning, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute in neural networks, as taught in Andersen et al., for the machine learning method of Sabin et al. because both methods produce a noise reduced signal using a type of machine learning.
Referring to claim 2, Andersen et al. teaches the noise cancellation unit comprises a neural network for contributing to obtaining the target audio signal (para 0001: “the use of machine learning or artificial intelligence methods, e.g. utilizing neural networks and e.g. supervised learning, in the task of providing improvements in reduction of noise in a noisy sound signal picked up by a hearing device, e.g. a hearing aid”). Motivation to combine is the same as in claim 1.
Referring to claim 3, Sabin et al. teaches the estimation unit is comprised by the at least one hearing device, in particular by the processing unit thereof (Fig. 1: mixer 108 in hearing assist device 100; para 0039: “electronics 304, such as a processor module (e.g., incorporating audio processing system 102 and mixer 108, FIG. 1)”).
Referring to claim 4, Sabin et al. teaches the estimation unit is comprised by the noise cancellation unit (para 0039: “electronics 304, such as a processor module (e.g., incorporating audio processing system 102 and mixer 108, FIG. 1)”; Fig. 1: ML system 104 in audio processing system 102) and Andersen et al. teaches the noise cancellation unit, in particular by a neural network thereof (paras 0001, 0007). Motivation to combine is the same as in claim 1.
Referring to claim 5, Sabin et al. teaches the estimation unit is configured for determining at least one of the following signal properties of the input audio signal: a signal-to-noise ratio, a sound level and/or a target direction of a sound source (para 0033).
Referring to claim 6, Sabin et al. teaches the estimation unit is configured for determining a frequency dependence of the signal property (para 0032).
Referring to claim 10, Sabin et al. teaches the mixing unit is configured to adapt an output signal strength of the target audio signal in the output audio signal to be equal or higher than an input signal strength of the target audio signal in the input audio signal (para 0032 – Examiner notes that the ML enhanced audio signal 116 is used directly/without further alteration in the mixer and therefore, it will have the same signal strength).
Referring to claim 11, Sabin et al. teaches the mixing unit is configured for further adjusting the contribution of the target audio signal to the output audio signal, in particular a mixing ratio between the target audio signal and an audio signal of the second audio signal path, based on user-specific data, in particular based on user preferences and/or user inputs and/or a position of the user and/or an activity of the user (para 0032).
Referring to claim 12, Sabin et al. teaches the mixing unit is configured to adjust the contribution of the target audio signal in the output audio signal in perceptually equidistant steps (para 0032).
Referring to claim 13, Sabin et al. teaches the second audio signal path provides the input audio signal to the mixing unit (Fig. 1: unprocessed signal 132 provided as input audio signal to mixer 108).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al. and Andersen et al., as shown in claim 1 above, and further in view of Aubreville et al. US Publication No. 20210195343.
Referring to claim 7, Sabin et al. and Andersen et al. do not teach averaging a property over time, but Aubreville et al. teaches the estimation unit is configured for averaging the estimated signal property over a predetermined time span (para 0018; claim 24). Both Sabin et al. and Aubreville et al. teach determining signal properties, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute in averaging SNR, as taught in Aubreville et al., for merely just estimating the SNR, as taught in Sabin et al., in the system of Sabin et al. and Andersen et al. because both methods produce a signal property that describes the surrounding sound environment.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al. and Andersen et al., as shown in claim 1 above, and further in view of Chen et al. US Publication No. 20220329953.
Referring to claim 8, Sabin et al. and Andersen et al. do not teach applying a frequency and SNR dependent gain, but Chen et al. teaches the mixing unit is configured for applying a post-filter gain, in particular a frequency dependent post-filter gain, to the target audio signal, wherein the post-filter gain depends on the estimated signal property (para 0026: “the higher the SNR value in a frequency band k is, the higher the band gain value G.sub.k(i) in the frequency-domain compensation mask stream becomes”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply a frequency and SNR dependent gain, as in Chen et al., in the system of Sabin et al. and Andersen et al. because it allows for bands with high SNR (low noise) to be amplified more than bands with low SNR (high noise), thus emphasizing wanted sounds over noise.
Referring to claim 9, Chen et al. teaches the mixing unit is configured to adapt the post-filter gain independently in a plurality of frequency bands (para 0026). Motivation to combine is the same as in claim 8.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al. and Andersen et al., as shown in claim 1 above, and further in view of Fitz et al. US Publication No. 20150092967.
Referring to claim 14, Sabin et al. and Andersen et al. do not teach delay compensation per se, but Fitz et al. teaches the second audio signal path comprises a delay compensation unit for compensating processing times in the first audio signal path (para 0034 - Examiner notes that when delay compensation is applied to the unprocessed audio signal path in Sabin et al., the delay will be compensating for the delay caused by processing times by the noise cancellation unit in the audio processing system 102 that produces ML enhanced audio signal 116). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply a delay compensation, as in Fitz et al., in the system of Sabin et al. and Andersen et al. because “it preserves the temporal alignment between the enhanced and unenhanced signals.”
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al. and Andersen et al., as shown in claim 1 above, and further in view of Sohn et al. US Publication No. 20120070008.
Referring to claim 15, Sabin et al. and Andersen et al. do not teach synchronized binaural hearing aids, but Sohn et al. teaches two hearing devices adapted for binaural audio signal processing, wherein the hearing devices are connected in a data transmitting manner, and wherein the mixing units of the hearing devices are configured for synchronizing the contribution of the target audio signal in the respective output audio signals depending on the estimated signal property of the respective input audio signals, in particular depending on a target direction of a sound source (para 0005). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to synchronize binaural hearing aids, as in Sohn et al., in the system of Sabin et al. and Andersen et al. because it helps “to allow a person with a hearing problem to have a sound directional sense.”
Conclusion
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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE A FALEY whose telephone number is (571)272-3453. The examiner can normally be reached on Monday to Wednesday, 9am-5pm.
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.
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693