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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/18/2023 is being considered by the examiner.
Drawings
The drawings are objected to because Figure 1 reference number 101 does not appear in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 5-8, 12-14 and 16 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.
Claim 5 recites the limitation "the microphone configured in the digital hearing device" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. The only previous recitation of a microphone is in independent claim 1 line 2 “external device with built-in microphone”, which dependent claim 5 relies on, there is no previous mention of a digital hearing device having a microphone. Claim 6 lines 4-5 contain the same issue.
Claim 5 recites the limitation "the external sound received through the microphone configured in the digital hearing device" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. The previous recitation of “external sound” is in claim 1 line 5 stating “receiving external sound through a microphone built in the external device”, which dependent claim 5 relies on, there is no recitation of external sound being received by a digital hearing device. Claim 6 lines 4-5 contain the same issue.
Claim 7 recites the limitation "the beamforming value" in line 2. There is insufficient antecedent basis for this limitation in the claim. There is no previous recitation of a beamforming value in independent claim 1 which dependent claim 7 relies on.
Claims 8 and 16 lines 2-3 recite the limitation “in which the digital hearing device is built” when referring to the “external device”. This renders the claims indefinite as the external device and digital hearing device are separate devices per independent claims 1 and 9 which claims 8 and 16 are dependent on.
Claim 12 lines 9-10 recite the limitation “the microphone” making it unclear whether it is referring to “a microphone” in claim 12 line 6 or “built-in microphone” in claim 9 lines 1-2 or 7 of which claim 12 depends on. Claim 13 is also rejected due to it’s dependency on claim 12.
Claim 14 recites the limitation "the microphone configured in the digital hearing device" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. The only previous recitation of a microphone is in independent claim 9 lines 1-2 “external device with built-in microphone”, which dependent claim 14 relies on, there is no previous mention of a digital hearing device having a microphone.
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) 1-4, 8-12 and 16, as best understood in view of the 35 USC § 112 rejections, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pedersen et al (US Pub No. 20150124976, hereinafter Pedersen).
Regarding claim 1, Pedersen teaches an operation method of a stereo type digital hearing device connected with an external device (Fig 5B, auxiliary device (AD) connected with hearing assistance device (HAD)) with built-in microphone (¶ [0132], auxiliary device comprises a microphone), comprising: connecting a digital hearing device worn by a user (Fig 5B, hearing assistance device (HAD) and an external device carried by the user or located around the user (Fig 5B, auxiliary device (AD)) to each other through wireless communication (Fig 5B, radio frequency (RF) link 2); receiving external sound through a microphone built in the external device (¶ [0132], auxiliary device comprises a microphone used to pick up sound); transmitting the sound received from the external device to the digital hearing device (¶ [0128] & Fig 5B, stereo signal transmitted from auxiliary device (AD) to hearing assistance device (HAD)); and amplifying the sound transmitted from the digital hearing device and delivering it to the user through a speaker (¶ [0116], hearing assistance devices processes the input signals to provide an enhanced audio signal output).
Regarding claim 2, Pedersen teaches the operation method of a stereo type digital hearing device of claim 1, wherein the connecting to each other through wireless communication comprises: configuring the digital hearing device with two of a first digital hearing device (Fig 5C, hearing assistance devices (HAD1)) and a second digital hearing device (Fig 5C, hearing assistance devices (HAD2)) so that it may be worn on both ears of the user (Fig 5C, hearing assistance device in each ear of user) and connecting the first digital hearing device and a first external device to each other through wireless communication (Fig 5C, hearing assistance device (HAD1) and auxiliary device (AD1) connected via RF link); and connecting the second digital hearing device and a second external device to each other through wireless communication (Fig 5C, hearing assistance device (HAD2) and auxiliary device (AD2) connected via RF link).
Regarding claim 3, Pedersen teaches the operation method of a stereo type digital hearing device of claim 2, wherein the connecting to each other through wireless communication is configured that the first digital hearing device recognizes and connects to the first external device located closer than the second external device (¶ [0134], hearing assistance system designed to automatically reconfigure based on link quality meaning the closer auxiliary device will link first), and the second digital hearing device connects to the second external device (¶ [0134], hearing assistance system designed to automatically reconfigure based on link quality meaning the further auxiliary device will link second).
Regarding claim 4, Pedersen teaches the operation method of a stereo type digital hearing device of claim 2, wherein the transmitting the sound to the digital hearing device comprises: transmitting the sound received from the first external device to the first digital hearing device (¶ [0129] & Fig 5C, hearing assistance device (HAD1) receives independent audio signal from auxiliary device (AD1)); and transmitting the sound received from the second external device to the second digital hearing device (¶ [0129] & Fig 5C, hearing assistance device (HAD2) receives independent audio signal from auxiliary device (AD2)).
Regarding claim 8, Pedersen teaches the operation method of a stereo type digital hearing device of claim 1, wherein the external device is at least one of a cradle, a remote controller, and a user terminal (Fig 7A, user terminal used to remotely control the hearing assistance device) in which the digital hearing device is built.
Regarding claim 9, Pedersen teaches a stereo type digital hearing device connected with an external device (Fig 5B, auxiliary device (AD) connected with hearing assistance device (HAD)) with built-in microphone (¶ [0132], auxiliary device comprises a microphone), comprising: a digital hearing device for amplifying transmitted sound and delivering it to a user through a speaker (¶ [0116], hearing assistance devices processes the input signals to provide an enhanced audio signal output); and an external device carried by the user or located around the user (Fig 5B, auxiliary device (AD)), connected with the digital hearing device to each other through wireless communication (Fig 5B, radio frequency (RF) link 2), and receiving external sound through a built-in microphone and transmitting it to the digital hearing device (¶ [0128] & Fig 5B, stereo signal transmitted from auxiliary device (AD) to hearing assistance device (HAD)).
Regarding claim 10, Pedersen teaches the stereo type digital hearing device of claim 9, wherein the digital hearing device is configured with two of a first digital hearing device (Fig 5C, hearing assistance devices (HAD1)) and a second digital hearing device (Fig 5C, hearing assistance devices (HAD2)) so that it may be worn on both ears of the user (Fig 5C, hearing assistance device in each ear of user), and wherein the first digital hearing device and a first external device are connected to each other through wireless communication (Fig 5C, hearing assistance device (HAD1) and auxiliary device (AD1) connected via RF link), and the second digital hearing device and a second external device are connected to each other through wireless communication (Fig 5C, hearing assistance device (HAD2) and auxiliary device (AD2) connected via RF link).
Regarding claim 11, Pedersen teaches the stereo type digital hearing device of claim 10, wherein the sound received from the first external device is transmitted to the first digital hearing device (¶ [0129] & Fig 5C, hearing assistance device (HAD1) receives independent audio signal from auxiliary device (AD1)), and the sound received from the second external device is transmitted to the second digital hearing device (¶ [0129] & Fig 5C, hearing assistance device (HAD2) receives independent audio signal from auxiliary device (AD2)).
Regarding claim 12, Pedersen teaches the stereo type digital hearing device of claim 9, wherein the digital hearing device comprises: a body (Fig 3A, HAD1-2 body); an ear band configured to extend from one side of the body and surround at least a part of the user's auricle (Fig 3A, HAD1-2 hooked portion designed to fit around user’s ear); a microphone placed on the ear band (¶ [0103], HAD1-2 input transducers); an ear head configured to have a protruding shape on the inside of the body and fitted to the user's ear (¶ [0082], tube leading radiated acoustic signals into the ear canal); a speaker configured in the ear head (¶ [0082], loudspeaker arranged close to or in the ear canal) and amplifying the sound received from the microphone and transmitting it to the user (¶ [0116], hearing assistance devices process the input signals to provide an enhanced audio signal output); a wireless communication unit configured in the body (Fig 3A, HAD1-2 communication unit Rx and Tx), and connected with the external device through wireless communication (Fig 5C, hearing assistance device (HAD1) and auxiliary device (AD1) connected via RF link); and a control unit configured in the body, and connected to the external device through the wireless communication unit to transmit and receive sound data and control signals (¶ [0098], link control unit coupled to second antenna and transceiver circuitry).
Regarding claim 16, Pedersen teaches the stereo type digital hearing device of claim 9, wherein the external device is at least one of a cradle, a remote controller, and a user terminal (Fig 7A, user terminal used to remotely control the hearing assistance device) in which the digital hearing device is built.
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) 5-7 and 13-15, as best understood in view of the 35 USC § 112 rejections, is/are rejected under 35 U.S.C. 103 as being unpatentable over Pedersen et al (US Pub No. 20150124976, hereinafter Pedersen) as applied to claims above, and further in view of Komeilipoor (US Pub No. 20230199413).
Regarding claim 5, Pedersen teaches the operation method of a stereo type digital hearing device of claim 1.
Pedersen does not explicitly teach wherein the amplifying the sound and delivering it to the user through the speaker provides stereo sound with sense of direction and space by amplifying the sound transmitted from the external device and the external sound received through the microphone configured in the digital hearing device together.
Komeilipoor teaches wherein the amplifying the sound and delivering it to the user through the speaker provides stereo sound with sense of direction and space by amplifying the sound transmitted from the external device and the external sound received through the microphone configured in the digital hearing device together (See Komeilipoor ¶ [0088], binaural beamforming used to collect spatial information of sound sources).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Regarding claim 6, Pedersen teaches the operation method of a stereo type digital hearing device of claim 1.
Pedersen does not explicitly teach estimating a location where the sound occurs by comparing the sound transmitted from the external device and the sound received through the microphone configured in the digital hearing device for the same external sound; and automatically changing a beamforming value for microphone directivity according to the estimated location where the sound occurs.
Komeilipoor teaches estimating a location where the sound occurs by comparing the sound transmitted from the external device and the sound received through the microphone configured in the digital hearing device for the same external sound (See Komeilipoor ¶ [0088], binaural beamforming used to collect spatial information of sound sources in conjunction with external microphones); and automatically changing a beamforming value for microphone directivity according to the estimated location where the sound occurs (See Komeilipoor ¶ [0055], beamformer angle steered for maximum sensitivity toward optimized direction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Regarding claim 7, Pedersen teaches the operation method of a stereo type digital hearing device of claim 1.
Pedersen does not explicitly teach wherein the automatically changing the beamforming value applies the beamforming value for microphone directivity suitable for each environment to the microphone built in the external device, but automatically changes the beamforming value through a predetermined algorithm.
Komeilipoor teaches automatically changing the beamforming value applies the beamforming value for microphone directivity suitable for each environment to the microphone built in the external device, but automatically changes the beamforming value through a predetermined algorithm (See Komeilipoor ¶ [0055], beamformer angle steered for maximum sensitivity toward optimized direction requires automatic changes).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Regarding claim 13, Pedersen teaches the stereo type digital hearing device of claim 12.
Pedersen does not explicitly teach wherein the control unit provides stereo sound with sense of direction and space by amplifying the sound transmitted from the external device and the external sound received through the microphone configured in the digital hearing device together.
Komeilipoor teaches wherein the control unit provides stereo sound with sense of direction and space by amplifying the sound transmitted from the external device and the external sound received through the microphone configured in the digital hearing device together (See Komeilipoor ¶ [0088], binaural beamforming used to collect spatial information of sound sources).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Regarding claim 14, Pedersen teaches the stereo type digital hearing device of claim 9.
Pedersen does not explicitly teach wherein the digital hearing device comprises: a sound location estimating unit for estimating a location where the sound occurs by comparing the sound transmitted from the external device and the sound received through the microphone configured in the digital hearing device for the same external sound; and a beamforming setting unit for automatically changing a beamforming value for microphone directivity according to the estimated location where the sound occurs.
Komeilipoor teaches a sound location estimating unit for estimating a location where the sound occurs by comparing the sound transmitted from the external device and the sound received through the microphone configured in the digital hearing device for the same external sound (See Komeilipoor ¶ [0088], binaural beamforming used to collect spatial information of sound sources in conjunction with external microphones); and a beamforming setting unit for automatically changing a beamforming value for microphone directivity according to the estimated location where the sound occurs (See Komeilipoor ¶ [0055], beamformer angle steered for maximum sensitivity toward optimized direction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Regarding claim 15, Pedersen teaches the stereo type digital hearing device of claim 9.
Pedersen does not explicitly teach wherein the beamforming setting unit applies the beamforming value for microphone directivity suitable for each environment to the microphone built in the external device, but automatically changes the beamforming value through a predetermined algorithm.
Komeilipoor teaches the beamforming setting unit applies the beamforming value for microphone directivity suitable for each environment to the microphone built in the external device, but automatically changes the beamforming value through a predetermined algorithm (See Komeilipoor ¶ [0055], beamformer angle steered for maximum sensitivity toward optimized direction requires automatic changes).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sense of direction and space taught by Komeilipoor with the method taught by Pedersen. As stated in Komeilipoor ¶ [0012] “the use of external microphones for beamforming is promising for various reasons”, these reasons include improved signal-to-noise ratio, environmental adaptability, and accessibility due to portable consumer devices containing microphones.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
De Haan et al (US Pub No. 20230186934) teaches a hearing device comprising a low complexity beamformer.
Dickmann et al (US Pub No. 20210099812) teaches a hearing device, system and method.
Pedersen et al (US Pub No. 20180262847) teaches a hearing device comprising a wireless receiver.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached at (571)272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.M.L./Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694