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
Introduction
This action responds to the application 18/645,857 filed on 04-25-2024. Claims 1-17 are pending.
Double Patenting
3. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,990,151. Although the claims at issue are not identical, they are not patentably distinct from each other because, the current (18/645,857) claim limitations are broader than claims 1-17 of U.S. Patent No. 11,990,151 as shown in the table below.
Instant Application No. 18/645,857
US PAT. 11,990,151
1. A particular-sound detecting system comprising: at least one processor configured to: receive a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices; wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound, and a third sensor arranged at a predetermined position different from positions of the first and second sensors, and receiving the particular sound includes processing signals received from the first, second and third sensors to determine whether the received signals include signals of the particular sound; and control switching of a process to be executed, according to a result of detection of the particular sound.
1. A particular-sound detector comprising: processing circuitry configured to: receive a particular sound on a basis of a plurality of audio signals obtained by collecting sounds by a plurality of microphones provided to a wearable device, wherein the plurality of the microphones includes first and second microphones that are equidistant at least from a sound source of the particular sound, and a third microphone arranged at a predetermined position different from positions of the first and second microphones, and wherein receiving the particular sound includes processing signals received from the first, second or third microphones to determine whether or not the received signals include signals of the particular sound; and control switching of a process to be executed, according to a result of detection of the particular sound.
Claim Rejections - 35 USC § 103
5. 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.
6. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
7. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
8. Claims 1, 2 and 5-17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gauger, Jr. et al. (US 2011/0243343) in view of Boesen (US 2003/0115068).
Consider claim 1, Gauger teaches a particular-sound detecting system(see fig. 1) comprising:
At least one processor configured to:
receive(see fig. 1) a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices(see fig. 1 and abstract);
wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound (see fig. 1(120, 130, 140)), and
a third sensor(see fig. 1(140)) arranged at a predetermined position different from positions of the first and second sensors(see fig. 1(120, 130), figs. 2a-5a and paragraphs[0053]-[0077]), and receiving the particular sound includes processing signals received from the first,
second and third sensors(see fig. 1(130, 140)) to determine whether the received signals include signals of the particular sound(see fig. 1(130), figs. 2a-5a and paragraphs[0053]-[0077]); but Gauger does not explicitly teach control switching of a process to be executed, according to a result of detection of the particular sound.
However, Boesen teaches receive(see fig. 5) a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices(see figs. 5-7); wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound, and a third sensor arranged at a predetermined position different from positions of the first and second sensors (see fig. 5(18-22)), and receiving the particular sound includes processing signals received from the first, second and third sensors to determine whether the received signals include signals of the particular sound(see fig. 25(18-22) and abstract); and control(see fig. 5(62)) switching of a process to be executed, according to a result of detection of the particular sound(see figs. 5-7 and paragraphs[0024]-[0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Boesen into the teaching of Gauger to provide methods and devices for voice communications and foreign language translation are disclosed. One method includes selecting one of a plurality of microphones of an earpiece unit, receiving a selected voice communication of a first language from the selected microphone and translating the selected voice communication from the first language to a second language, the second language different from the first to create a translated voice communication, and transducing the translated voice communication at a speaker within the earpiece unit. Preferably the microphones are oriented in different directions and are directional microphones. The present invention further optionally provides for the sensing and transmission of pulse oximeter measurements and temperature measurements.
Consider claim 2, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein the first, second and third sensors comprise first, second and third microphones(see figs. 2a-5a and paragraphs[0053]-[0077]).
Consider claims 5 and 6, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein the particular sound is a voice of a wearer of the one or more wearable devices(see figs. 2a-5a and paragraphs[0053]-[0077]); and the particular-sound detecting system according to wherein at least one sensor of the plurality of sensors includes a feedback microphone for noise canceling(see figs. 2a-5a and paragraphs[0053]-[0077])
Consider claims 7 and 8, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein the third sensor arranged at the predetermined position is the feedback microphone(see figs. 2a-5a and paragraphs[0053]-[0077]); and the particular-sound detecting system according to wherein the feedback microphone is arranged inside a housing of a wearable device of the one or more wearable devices(see figs. 2a-5a and paragraphs[0053]-[0077]).
Consider claims 9 and 10, Gauger as modified by Boesen teaches the particular-sound detecting system according wherein at least one sensor of the plurality of sensors includes a bone conduction microphone(In Boesensee figs. 5-7 and paragraphs[0024]-[0031]); and the particular-sound detecting system according wherein the third sensor arranged at the predetermined position is the bone conduction microphone(In Boesensee figs. 5-7 and paragraphs[0024]-[0031]).
Consider claims 11 and 12, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein at least one sensor of the plurality of sensors includes a microphone for calls(see figs. 2a-5a and paragraphs[0053]-[0077]); and the particular-sound detecting system according to wherein the third sensor arranged at the predetermined position is the microphone for calls(see figs. 2a-5a and paragraphs[0053]-[0077]).
Consider claims 13 and 14, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein the predetermined position is a position at a distance from a mouth of a wearer of the one or more wearable devices, the distance being shorter than distances from the first and second sensors to the mouth of the wearer(see figs. 2a-5a and paragraphs[0053]-[0077]); and the particular-sound detecting system according to wherein the first and second microphones include feed-forward microphones for noise canceling(see figs. 2a-5a and paragraphs[0053]-[0077]).
Consider claim 15, Gauger as modified by Boesen teaches the particular-sound detecting system according to wherein, in addition to the first and second sensors and the third sensor arranged at the predetermined position, the plurality of sensors includes a sensor arranged near a top of a head of a wearer in a state in which the wearer is wearing the one or more wearable devices(see figs. 2a-5a and paragraphs[0053]-[0077]).
Consider claim 16, Gauger teaches a particular-sound detection(see fig. 1) method comprising:
receive(see fig. 1) a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices(see fig. 1 and abstract);
wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound(see fig. 1(120, 130, 140), and
a third sensor(see fig. 1(140)) arranged at a predetermined position different from positions of the first and second sensors(see fig. 1(120, 130), figs. 2a-5a and paragraphs[0053]-[0077]), and receiving the particular sound includes processing signals received from the first,
second and third sensors(see fig. 1(130, 140)) to determine whether the received signals include signals of the particular sound(see fig. 1(130), figs. 2a-5a and paragraphs[0053]-[0077]); but Gauger does not explicitly teach control switching of a process to be executed, according to a result of detection of the particular sound.
However, Boesen teaches receive(see fig. 5) a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices(see figs. 5-7); wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound, and a third sensor arranged at a predetermined position different from positions of the first and second sensors (see fig. 5(18-22)), and receiving the particular sound includes processing signals received from the first, second and third sensors to determine whether the received signals include signals of the particular sound(see fig. 25(18-22) and abstract); and control(see fig. 5(62)) switching of a process to be executed, according to a result of detection of the particular sound(see figs. 5-7 and paragraphs[0024]-[0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Boesen into the teaching of Gauger to provide methods and devices for voice communications and foreign language translation are disclosed. One method includes selecting one of a plurality of microphones of an earpiece unit, receiving a selected voice communication of a first language from the selected microphone and translating the selected voice communication from the first language to a second language, the second language different from the first to create a translated voice communication, and transducing the translated voice communication at a speaker within the earpiece unit. Preferably the microphones are oriented in different directions and are directional microphones. The present invention further optionally provides for the sensing and transmission of pulse oximeter measurements and temperature measurements.
Consider claim 17, Gauger teaches a particular-sound detecting system comprising: a plurality of microphones provided in one or more wearable devices(see fig. 1),
the plurality of microphones including first and second microphones that are equidistant from a sound source of a particular sound(see fig. 1(120, 130, 140)), and a third microphone(see fig. 1(140)) arranged at a position different from positions of the first and second microphones(see fig. 1(120, 130), figs. 2a-5a and paragraphs[0053]-[0077]); and at least one processor(see fig. 1(2000)) configured to: receive audio signals provided by the first, second and third microphones; process the audio signals received from the first, second and third microphones(see fig. 1(120, 130, 140)) to detect whether the received audio signals include signals of the particular sound; (see fig. 1(130), figs. 2a-5a and paragraphs[0053]-[0077]); but Gauger does not explicitly teach control switching of a process to be executed, according to a result of detection of the particular sound.
However, Boesen teaches receive(see fig. 5) a signal corresponding to a particular sound based on a plurality of audio signals generated from sounds detected by a plurality of sensors provided in one or more wearable devices(see figs. 5-7); wherein the plurality of sensors includes first and second sensors that are equidistant from a sound source of the particular sound, and a third sensor arranged at a predetermined position different from positions of the first and second sensors (see fig. 5(18-22)), and receiving the particular sound includes processing signals received from the first, second and third sensors to determine whether the received signals include signals of the particular sound(see fig. 25(18-22) and abstract); and control(see fig. 5(62)) switching of a process to be executed, according to a result of detection of the particular sound(see figs. 5-7 and paragraphs[0024]-[0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Boesen into the teaching of Gauger to provide methods and devices for voice communications and foreign language translation are disclosed. One method includes selecting one of a plurality of microphones of an earpiece unit, receiving a selected voice communication of a first language from the selected microphone and translating the selected voice communication from the first language to a second language, the second language different from the first to create a translated voice communication, and transducing the translated voice communication at a speaker within the earpiece unit. Preferably the microphones are oriented in different directions and are directional microphones. The present invention further optionally provides for the sensing and transmission of pulse oximeter measurements and temperature measurements.
9 Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over Gauger, Jr. et al. (US 2011/0243343) as modified by Boesen (US 2003/0115068) as applied to claim 1 above, and further in view of Tateishi et al.. (US PAT. 5,960,391).
Consider claim 4, Gauger teaches the processing circuitry wherein the particular-sound detecting section includes a detector with a microphone structure(see figs. 1-5a and paragraphs[0053]-[0077]); but Gauger does not explicitly teach a neural network structure.
However, Tateishi teaches the processing circuitry includes a detector with a neural network structure(see figs.10-34B and col.18, line 5-col. 20, line 65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Tateishi into the teaching of Gaugerto and Boesen provide a plurality of signal components. This system is equipped with a neural network arithmetic section designed to process information through the use of a recurrent neural network. The neural network arithmetic section extracts one or more signal components, for example, a speech signal component and a noise signal component from an input signal including a plurality of signal components such as a speech and noises and outputs the extracted signal components. Owing to the presence of this neural network arithmetic section, the signal extraction becomes possible with a high accuracy.
10 Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over Gauger, Jr. et al. (US 2011/0243343) as modified by Boesen (US 2003/0115068) as applied to claim 1 above, and further in view of Sibbald (US PAT. 10,460,718).
Consider claim 3, Gauger does not explicitly teach wherein the plurality of sensors
includes four or more microphones.
.
However, Tateishi teaches wherein the plurality of sensors
includes four or more microphones(see figs.4a-13and col.6, line 34-col. 7, line 65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Sibbald into the teaching of Gaugerto and Boesen provide a feedforward ambient noise reduction arrangement includes, within a housing, a loudspeaker device for directing sound energy into an ear of a listener. Disposed externally of the housing, and positioned to sense ambient noise on its way to the listener's ear, are plural microphone devices capable of converting the sensed ambient noise into electrical signals for application to the loudspeaker to generate an acoustic signal opposing the ambient noise. Importantly, the overall arrangement is such that the acoustic signal is generated by said loudspeaker means in substantial time alignment with the arrival of said ambient noise at the listener's ear.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Yamkovoy (US PAT.9,854,356) is cited to show other PARTICULAR-SOUND DETECTOR AND METHOD, AND PROGRAM.
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/LUN-SEE LAO/Primary Examiner,
Art Unit 2651 Patent Examiner
US Patent and Trademark Office
Knox
571-272-7501
Date 01-29-2026