Notice of Pre-AIA or AIA Status
1. 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
Introduction
2. This action responds to the amendment filed on 06-26-2026. Claims 2, 12 and 21 have been amended and claims 2-11 have been withdrawn and claim 22 is added. Claims 12-22 are pending.
Terminal Disclaimer
3. The terminal disclaimer filed on 06-26-2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US PAT. 11,864,886 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 103
4. 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 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.
5. 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.
6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
7. Claims 12-16 and 18-22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Blau et al.(US 2019/0320268) in view of Bodon et al. (US PAT. 10,714,072).
Consider Claim 12, Blau teaches a system (see fig. 1) comprising:
a tone generator(see fig. 1(106)) configured to output a signal to cause a speaker to emit a tone(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]).;
a compensation element(See fig. 1(105)) coupled to an output of the tone generator, with the compensation element(see figs.1, 2. 4-10) configured to:
receive(see figs. 4-10) a communication from a control sub-system; and apply, based on the communication, a compensation to the signal(see figs. 1, 2, 4-8 and paragraphs[0115]- [0139]);
the speaker(see fig. 1(120)) configured to emit the tone based on the signal; a microphone(see fig. 1(125)) configured) to detect the tone emitted by the speaker(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]);
a sound pressure level (SPL) measurement element (see fig. 4) separate from the microphone(see fig. 1) and coupled to the microphone, the SPL measurement element configured to receive data corresponding to the tone detected by the microphone(see fig. 2), and determine an SPL of the tone detected by the microphone based on the data received
(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]). Blau does not explicitly teach an active noise cancellation (ANC) element coupled to an output of the tone generator and to an input of the SPL measurement element, the ANC element configured to determine an indication of sounds detected by the microphone that are separate from the tone, and to apply an ANC with the speaker, based on the indication of the sounds, to noise cancel the sounds.
However, Bodon teaches that an active noise cancellation (ANC) element coupled to an output of the tone generator and to an input of the SPL measurement element(see figs. 3-5), the ANC element configured to determine an indication of sounds detected(see table 1) by the microphone that are separate from the tone, and to apply an ANC with the speaker, based on the indication of the sounds, to noise cancel the sounds(see figs. 3-9 and col. 11, line 1-col. 12, line 67).
Therefore, it would have obvious to one of ordinary skill in the art before the effective filling date the invention was made to combine the teaching of Bodon in to the teaching of Blau to provide determined the integrated circuit (22) has a processing circuit configured to implement the adaptive filter having a response that generates the anti-noise signal to reduce the presence of the ambient audio sounds in the error microphone signal. A determination is made whether undesirable ambient conditions exist such that updating characteristics of the adaptive filter in the presence of the undesirable ambient conditions lead to the anti-noise signal having undesirable characteristics, responsive to receiving the user trigger signal. Updating of characteristics of the adaptive filter, is prevented responsive to determining a presence of undesirable ambient conditions such that updating characteristics of the adaptive filter in the presence of the undesirable ambient conditions would lead to the anti-noise signal having undesirable characteristics. The characteristics of the adaptive filter are updated, responsive to determining an absence of the undesirable ambient conditions.
Consider Claims 13 and 14, Blau teaches the system wherein the control sub-system is configured to output a second signal associated with the tone(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]); and the system wherein the control sub-system is further configured to: receive an indication of the SPL; and verify that the SPL is equal to an intended SPL for the tone(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]).
Consider Claims 15 and 16, Blau teaches the system with at least one of an amplitude of the tone or a frequency of the tone being based on an attribute of the second signal(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]); and the system wherein the attribute comprises one or more of a value, an amplitude, a frequency, a timing offset, a voltage offset(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]).
Consider Claims 18 and 19, Blau teaches the system further comprising a wireless communication element coupled with the tone generator and the SPL measurement element, and configured to receive communications from the SPL measurement element(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]); and the system wherein the wireless communication element is further coupled with the compensation element, and is further configured to provide communication between the compensation element and the control sub-system see figs. 1, 2, 4-10 and paragraphs[0115]- [0139]).
Consider Claims 20 and 21, Blau teaches the system wherein the speaker and the microphone are integrated into headphones, with the speaker and the microphone assembled to be directed toward an ear of a subject when the headphones are worn by the subject(see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]); and the system comprising a buffer coupled to the microphone and configured to: receive analog signals from the microphone; and alter an amplitude of the analog signals (see figs. 1, 2, 4-8 and paragraphs[0063]- [0097]).
Consider Claim 22, Blau as modified by Bodon teaches the system further comprising: a first coupling element coupling the tone generator and a digital-to-analog converter (DAC);an analog-to-digital converter (ADC) configured to convert, from an analog domain to a digital domain, the data corresponding to the tone detected by the microphone; and a second coupling element coupling the SPL measurement element and the ADC; and wherein the ANC element is coupled between the first coupling element and the second coupling element(In Bodon, see figs. 3-9 and col. 7, line 35-col. 8, line 67).
8. Claim 17 is rejected under 35 U.S.C. 103(a) as being unpatentable over Blau et al.(US 2019/0320268) as modified by Bodon et al. (US PAT. 10714,072) as applied to claim 12 above, and further in view of Soli et al. (US PAT. 5,325,436).
Consider Claim 17, Blau does not explicitly teach the system wherein the compensation element is further configured to apply an equalization technique by attenuating sound using an inverted audiogram to create a linear frequency characteristic
However, Soli teaches the system wherein the compensation element is further configured to apply an equalization technique by attenuating sound using an inverted audiogram to create a linear frequency characteristic(see figs, 2-8 and col.5, line 1-col. 6, line 67).
Therefore, it would have obvious to one of ordinary skill in the art before the effective filling date the invention was made to combine the teaching of Soli in to the teaching of Blau and Bodon to provide determined and compensated to restore the ability to have directional hearing in individuals wearing hearing aids. In one aspect a method involves finding the ratio of the unaided head related transfer function to the aided head related transfer function and then designing a hearing aid filter that is the inverse of that derived insertion effect, thereby restoring the ability to hear interaural differences in aided systems both in level and in time of arrival to improve hearing in the presence of noise. The insertion effects can be derived either through frequency domain analyses, using the above-mentioned transfer function calculations and measurements, or in another aspect through time domain analyses, using optimal filter calculations and measurement obtained using a successive data acquisition system that is subsequently time aligned by recording trigger pulses with the data.
Response to Arguments
9. Applicant’s arguments with respect to claims 12-22 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.
Conclusion
10. 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.
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Pandey et al. (US 2011/0206226) is cited to show other related the HEARING DIAGNOSTIC SYSTEM.
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/LUN-SEE LAO/Primary Examiner, Art Unit 2691 US Patent and Trademark Office
Knox
571-272-7501
Date 07-12-2026
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