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. This in response to amendment filed 03/31/2026. No claims have been added. Claims 1, 14, 16 and 19 have been amended. Claims 13 and 15 have been canceled. Claims 1-12, 14 and 16-20 are now pending in this application.
Claim Rejections - 35 USC § 103
2. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9, 11-12, 14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Pub.No.: 2019/0149927 A1) in view of Von BRASCH (Pub.No.: 2017/0359659 A1).
Regarding claim 1, Zhang teaches a hearing aid adapted to be worn by a user (reads on worn hearing devices, see [0007]), the hearing aid comprising:
at least one input transducer for converting sound in the environment to respective at least one electric input signal (reads on the compressor parameters control how the hearing devices apply compression to incoming sounds, such as sound from the environment or artificial sound, see [0025] and [0073]);
a configurable audio signal processor adapted to apply a number of audio processing algorithms to said at least one electric input signal, or to a signal or signals originating therefrom (reads on adjusting algorithms and parameters of sound processing system 100, see [0193]);
an output transducer for converting an output signal depending on said at least one electric input signal to stimuli perceivable as sound for said user (reads on produce sound produced by receivers 106, see [0193]);
a processing parameter controller configured to identify parameters for at least one of said number of audio processing algorithms to said at least one electric input signal, or to a signal or signals originating therefrom, and to provide a processed signal in dependence (reads on action 120 which may describe adjustments to the hearing device by adjusting relevant algorithms and parameters, see [0193]) thereof;
a voice control interface allowing the user to control the hearing aid via one or more
spoken commands, the voice control interface (reads on spoken content, see [0056]-[0061] and [0193]-[0194]) comprising:
a keyword detector configured to identify at least one of said one or more spoken commands (reads on cognitive engine 116 generates actions based on spoken content, see [0047]-[0058] and [0193]- [0194]),
wherein said at least one of said one or more spoken command is a context dependent command (reads on actions based on spoken content and device state in addition to the acoustic environment, see [0193]),
wherein said processing parameter controller is configured to apply said y optimized processing parameters for said at least one of said number of audio processing algorithms in dependence of a current acoustic environment of the hearing aid and said context dependent command (reads on actions based on spoken content and current acoustic environment, see [0193]-[0194]).
Zhang discloses adjusting and selecting processing parameters based on spoken commands and acoustic conditions as discussed in (see [0193]- [0194]), however, it does not specifically teach “an acoustic environment detector configured to classify a current acoustic environment around the hearing aid in a number of sound scene classes, ...detector” as recited in independent claim 1.
However, Von BRASCH teaches a classifier 230 that analyzes input audio from microphone 210 and classifies the sound environment/sound scene in which the hearing prosthesis is located (see [00740] and [0077]). Von BRASCH further teaches sound environment classes including speech, noise, and music, also it teaches that processor 220 performs selection and parameter control based on the classification data, including selecting processing modes and adjusting control parameters (see [0077]-[0078]).
Thus, it would have been obvious to one of an ordinary skill in the art before the effective filing date of the claimed invention to incorporate Von BRASCH auditory scene classifier and classification-based parameter control into Zhang’s hearing device system in order to classify the current acoustic environment/sound scene and apply appropriate processing modes and control parameters based on the classified sound environment, thereby improving hearing-device signal processing and parameter adjustment for the user’s current acoustic environment.
Independent claim 19 is rejected for the same reasons addressed in independent claim 1, see also Zhang [0193]-[0194].
Regarding claim 2, the combination of Zhang and Von BRASCH teaches wherein said context dependent command relates to the user’s perception of the current acoustic environment (reads on user requesting noise reduction due to environment, see Zhang [0117] and [0128-0147]).
Regarding claim 3, the combination of Zhang and Von BRASCH teaches wherein said context dependent command is configured to have a dual function of:
indicating to a communication partner that the listening situation provided by the current acoustic environment is difficult for the user, and controlling the application of the optimized processing parameters to the at least one of said number of audio processing algorithms (reads on user commands that both indicates difficulty listening and adjustment, see Zhang [0193]).
Regarding claim 4, the combination of Zhang and Von BRASCH teaches wherein said context dependent command expresses a wish for a communication partner to speak more clearly or louder or to repeat the last words or sentences having been spoken by the communication partner (Note that in Zhang, user may simply say “Starkey, make speech clear”, see Zhang [0107]. Thus, it is obvious within the teaching of Zhang to have the spoken word communicated to any recipient desired).
Regarding claim 5, the combination of Zhang and Von BRASCH teaches wherein the keyword detector is configured to identify a multitude of context dependent spoken commands having the same associated optimized processing parameters (this reads on multiple actions (e.g., noise reduction/ speech enhancement, compressor parameters, ratios...etc. see Zhang [0073]-[0074]).
Regarding claim 6, the combination of Zhang and Von BRASCH teaches wherein said number of audio processing algorithms comprises a noise reduction algorithm providing attenuation parameters for application to noise components in said at least one electric input signal (reads speech enhancement algorithm and activating or deactivating different types of noise reduction and levels thereof, see Zhang [0074]).
Regarding claim 7, the combination of Zhang and Von BRASCH teaches at least two input transducers providing respective at least two electric input signals (reads on microphones 104 that detects sounds and generates audio signals; multi-microphone speech enhancement using signals from microphones, see Zhang [0042] and [0045]) wherein said number of audio processing algorithms comprises a beamforming algorithm (reads on multi-microphone speech enhancement approaches including beamforming, see Zhang [0045]) providing spatial filtering of said sound in the environment (reads on beamforming applied to the microphone signals to enhance the user’s own speech and reduce background noise/interference, see Zhang [0045]) in dependence of said at least two electric input signals (reads on beamforming applied to signals produced by microphones 104, see Zhang [0045) and predefined or adaptively updated beamformer weights (see Zhang [0045], note that beamformer is considered obvious, because beamforming conventionally applies weighting to microphone signals to spatially filter desired sound and reduces undesired noise/interference).
Regarding claim 8, the combination of Zhang and Von BRASCH teaches wherein optimized processing parameters include said attenuation parameters (see Zhang [0062] and [0064]) and/or said beamformer weights.
Regarding claim 9, the combination of Zhang and Von BRASCH teaches wherein the processing parameter controller is configured to provide that repeated use of the context dependent command results in said attenuation parameters are configured to increase noise reduction, or that said beamformer weights are configured to provide increased beamforming (note that Zhang teaches generating actions based on spoken content and adjusting algorithms and parameters of the hearing device, see [0193]-[0194] and [0045]. Thus, repeated user actions leading to progressively stringer parameter adjustment would have been obvious user driven optimization).
Regarding claim 11, the combination of Zhang and Von BRASCH teaches wherein said keyword detector comprises a separate context dependent command detector configured to detect said at least one context dependent spoken command (reads on generating actions based on spoken content, see Zhang [0193]- [0194]).
Regarding claim 12, the combination of Zhang and Von BRASCH teaches wherein said separate context dependent command detector is located in the hearing aid (Zhang teaches processing occurring within the hearing device or associated system controlling the device, see [0193]- [0194]. Thus, locating the detector in the hearing aid is considered a design choice).
Regarding claim 14, the combination of Zhang and Von BRASCH teaches wherein the acoustic environment detector is configured to classify the current acoustic environment based on an analysis of the at least one electric input signal (see Zhang [0062] and [0064]- [0065]).
Regarding claim 16, the combination of Zhang and Von BRASCH teaches wherein the processing parameter controller is configured to apply the optimized processing parameters for the at least one of the number of audio processing algorithms in dependence of the specific current acoustic environment of the hearing aid and the associated context dependent command (Zhang teaches generating actions based on spoken content and adjusting algorithms and parameters of the hearing device, see [0193]-[0194]).
Regarding claim 17, the combination of Zhang and Von BRASCH teaches a conversation detector (reads on detecting a conversation, see Zhang [0186]) configured to identify whether or not or with what probability, the user is currently engaged in a conversation and to provide a conversation control signal indicative thereof (see Zhang [0186]-[0191]]).
Regarding claim 18, the combination of Zhang and Von BRASCH teaches constituted by or comprising an air-conduction type hearing aid, a bone-conduction type hearing aid, a cochlear implant type hearing aid (Von BRASCH teaches cochlear implant [0004]), or a combination thereof.
Regarding claim 20, the combination of Zhang and Von BRASCH teaches a non-transitory application, termed an APP, comprising executable instructions configured to be executed on an auxiliary device to implement a user interface for a hearing aid according to claim 1 (see Zhang [0009]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Pub.No.: 2019/0149927 A1) in view of Von BRASCH (Pub.No.: 2017/0359659 A1) and further in view of Roeck (Pub.No.: 2020/0312303 A1).
Claim 10 recites “an own voice activity detector connected to the keyword detector and configured to provide that a given keyword is accepted only if the voice of the user is simultaneously detected”.
Zhang and Von BRASCH ‘features already addressed in the above rejection. Neither Zhang nor Von BRASCH specifically teach “an own voice activity detector connected to the keyword detector and configured to provide that a given keyword is accepted only if the voice of the user is simultaneously detected”, as recited in claim 10.
However, Roeck teaches keyword recognition in the hearing device and a keyword analyzer for determining whether speech includes keywords (see [0018-0021] and [0032-0034]). Roeck further teaches an own voice detection unit configured to detect the voice of the hearing device user and separate such voice signals from other audio signals (see [0042]).
Thus, it would have been obvious to one of an ordinary skill in the art before the effective filing date of the claimed invention to incorporate Roeck’s own voice detection unit into the hearing aid system of Zhang as modified by Von BRASCH so that spoken words are accepted only when the user’s own voice is detected, thereby reducing false triggering caused by speech from other persons or background audio and improving reliability of the keyword-based hearing aid control.
Response to Arguments
3. Applicant’s arguments for independent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Note that Applicant’s amendment to claim 1 is not a simple incorporation of original defendant claims 13 and 15. Applicant canceled claims 13 and 15 and amended independent claim 1 to recite a modified combination involving an acoustic environment detector, classification of the current acoustic environment, association of the context-dependent command with a specific classified acoustic environment, and application of optimized processing parameters based on that current acoustic environment and command. Applicant’s own remarks (Page 6 of the remarks) acknowledge that the language is only “at least partially derived” from original claims 13 and 15. Therefore, the amendment materially changes the scope of claim 1 and necessitates further search and consideration.
Conclusion
4. 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 extension fee 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 date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rasha S. AL-Aubaidi whose telephone number is (571) 272-7481. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on (571) 272-7488.
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/RASHA S AL AUBAIDI/Primary Examiner, Art Unit 2693
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