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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 20 recites the limitation "the second wireless" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of compact prosecution, “the second wireless” will be read as “the second wireless signal”.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-7, 9-12, 14, 19-20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Bell, U.S. Patent No. 6,405,027, patented on June 11, 2002 (Bell), in view of Poltorak, U.S. Patent No. 12,501,225, effectively filed on January 2, 2022 (Poltorak).
As to Claim 1, Bell discloses (in Figs. 1A and 1B) a system, comprising: one or more first hearing devices [D1] of a first user; one or more second hearing devices [D2] of a second user; and a central device [D0] configured for wireless communication with the one or more first hearing devices [D1] and the one or more second hearing devices [D2] (col. 4, lines 4-10), wherein the central device [D0] includes one or more processors [C] programmed to: receive a first wireless signal [I1] from the one or more first hearing devices [D1] via a first wireless connection [L1]; receive a second wireless signal [I2] from the one or more second hearing devices [D2] via a second wireless connection [L2] (the hearing devices [D0] - [Dn] transmit respective wireless audio signals [I0] - [In], through respective wireless Bluetooth connections [L0] - [Ln]; col. 3, lines 22-37; see Fig. 1B); and transmit, to the one or more first hearing devices [D1] and the one or more second hearing devices [D2], one or more audio packets [O1, O2] based on the received first wireless signal [I1] and the received second wireless signal [I2] (the central device [D0] transmits, to each hearing device, a signal, including contributions form signals derived from the other devices; col. 4, lines 16-24; see Fig. 1B). It is noted that Bell does not explicitly disclose that the hearing devices are configured to be worn on or in an ear of the users. However, Bell discloses that the devices may be any mobile or fixed Bluetooth enabled communication terminals (col. 3, lines 1-4), and using Bluetooth enabled hearing devices such as earpieces or hearing aids, that are worn in the ear of a user, for the purpose of group conversation was well known.
Poltorak discloses a system [200], comprising one or more first hearing devices [204-1] configured to be worn at an ear of a first user [201-1] (see Fig. 2); one or more second hearing devices [204-2] configured to be worn at an ear of a second user [201-2] (see Fig. 2); and a central device [210] configured for wireless communication with the one or more first hearing devices [204-1] and the one or more second hearing devices [204-2] (col. 62, lines 7-17). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate hearing devices configured to be worn at an ear of the users, for the added feature of enabling communication between people with hearing deficiencies.
As to Claim 2, Bell and Poltorak remain as applied above to Claim 1. Bell further discloses that one or more of the first wireless connection or the second wireless connection include a Bluetooth® connection (col. 4, lines 7-10).
As to Claim 3, Bell and Poltorak remain as applied above to Claim 1. Bell does not explicitly disclose that one or more of the first wireless connection or the second wireless connection include a Bluetooth® Low Energy (BLE) connection. However Poltorak further discloses that one or more of the first wireless connection or the second wireless connection include a Bluetooth® Low Energy (BLE) connection (col. 62, lines 12-17). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to include a BLE connection in the system of Bell and Poltorak, for the additional benefit of reduced power consumption (Poltorak: col. 13, lines 61-66)
As to Claim 5, Bell and Poltorak remain as applied above to Claim 1. Bell further discloses that transmitting to the one or more first hearing devices [D1] and the one or more second hearing devices [D2] includes sending multiple unicast transmissions (each hearing device [D] has it own link [L]; see Fig. 1B).
As to Claim 6, Bell and Poltorak remain as applied above to Claim 1. Bell further discloses that the one or more processors [C] are further programmed to: generate the one or more audio packets [O1, O2] by mixing the first wireless signal [I1] and the second wireless signal [I2] (the signals are combined; col. 3, lines 39-67 – col. 4, lines 1-3).
As to Claim 7, Bell and Poltorak remain as applied above to Claim 6. Bell further discloses that generating the one or more audio packets [O1, O2] includes generating a first audio packet [O1] to be transmitted to the one or more first hearing devices [D1] by removing the first wireless signal [I1] from the mixed wireless signals to prevent an echo (only signals that are derived from other devices are included in the signal sent to the first hearing device [D1] (col. 3, lines 39-67 – col. 4, lines 1-3).
As to Claim 9, Bell and Poltorak remain as applied above to Claim 1. Bell further discloses that the central device [D0] further includes a wired or wireless microphone [M] (col. 4, lines 25-28; see Fig. 1B).
As to Claim 10, Bell and Poltorak remain as applied above to Claim 1. Bell further discloses one or more third hearing devices [Dn] of a third user, wherein the one or more processors [C] are further programmed to: receive a third wireless signal [In] from the one or more third hearing devices [Dn] via a third wireless connection [Ln]; and transmit, to the one or more first hearing devices [D1], the one or more second hearing devices [D2], and the one or more third hearing devices [Dn], one or more audio packets based on the received first wireless signal [I1], the received second wireless signal [I2] and the received third wireless signal [I1] (the central device [D0] transmits, to each hearing device, a signal, including contributions form signals derived from the other devices; col. 4, lines 16-24; see Fig. 1B).
Poltorak further discloses that the one or more hearing devices are configured to be worn on or in an ear of a user (see Fig. 2).
As to Claim 11, Bell and Poltorak remain as applied above to Claim 10. Bell and Polotrak do not explicitly disclose one or more fourth hearing devices configured to be worn on or in an ear of a fourth user, wherein the one or more processors are further programmed to: receive a fourth wireless signal from the one or more fourth hearing devices via a fourth wireless connection; and transmit, to the one or more first hearing devices, the one or more second hearing devices, the one or more third hearing devices, and the one or more fourth hearing devices, one or more audio packets based on the received first wireless signal, the received second wireless signal, the received third wireless signal and the received fourth wireless signal. However, Bell teaches that the devices [D], wireless signals [I] and wireless connections [L] can be a plurality up to [n] (col. 4, lines 4-10; see Fig. 1A), which suggests that an additional hearing device could be incorporated into the network. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention to incorporate one or more fourth hearing devices configured to be worn on or in an ear of a fourth user, wherein the one or more processors are further programmed to: receive a fourth wireless signal from the one or more fourth hearing devices via a fourth wireless connection; and transmit, to the one or more first hearing devices, the one or more second hearing devices, the one or more third hearing devices, and the one or more fourth hearing devices, one or more audio packets based on the received first wireless signal, the received second wireless signal, the received third wireless signal and the received fourth wireless signal, for the obvious benefit of allowing additional users in a group conference.
Poltorak further discloses that the one or more hearing devices are configured to be worn on or in an ear of a user (see Fig. 2).
As to Claim 12, Bell discloses (in Figs. 1A and 1B) a system, comprising: one or more first hearing devices [D0] of a first user; one or more second hearing devices [D1] of a second user; and one or more third hearing devices [D2] of a third user; wherein the one or more first hearing device [D0] is configured as a central device [D0] for wireless communication with the one or more second hearing devices [D1] and the one or more third hearing devices [D2] (col. 4, lines 4-10), wherein the central device [D0] includes one or more processors [C] programmed to: receive a second wireless signal [I1] from the one or more second hearing devices [D1] via a second wireless connection [L1]; receive a third wireless signal [I2] from the one or more third hearing devices [D2] via a third wireless connection [L2] (the hearing devices [D0] - [Dn] transmit respective wireless audio signals [I0] - [In], through respective wireless Bluetooth connections [L0] - [Ln]; col. 3, lines 22-37; see Fig. 1B); and transmit, to the one or more second hearing devices [D1] and the one or more third hearing devices [D2], one or more audio packets [O1, O2] based on the received second wireless signal [I1] and the received third wireless signal [I2] (the central device [D0] transmits, to each hearing device, a signal, including contributions form signals derived from the other devices; col. 4, lines 16-24; see Fig. 1B). It is noted that Bell does not explicitly disclose that the hearing devices are configured to be worn on or in an ear of the users. However, Bell discloses that the devices may be any mobile or fixed Bluetooth enabled communication terminals (col. 3, lines 1-4), and using Bluetooth enabled hearing devices such as earpieces or hearing aids, that are worn in the ear of a user, for the purpose of group conversation was well known.
Poltorak discloses a system [300], comprising one or more first hearing devices [304-1] configured to be worn at an ear of a first user [302-1] (see Fig. 3); one or more second hearing devices [304-2] configured to be worn at an ear of a second user [302-2] (see Fig. 3); one or more third hearing devices [304-N] configured to be worn at an ear of a second user [302-N] (see Fig. 3) wherein the one or more first hearing devices [304-1] is configured as a central device [304-1] configured for wireless communication with the one or more second hearing devices [304-2] and the one or more third hearing devices [304-N] (col. 62, lines 51-64). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate hearing devices configured to be worn at an ear of the users, for the added feature of enabling communication between people with hearing deficiencies.
As to Claim 14, Bell and Poltorak remain as applied above to Claim 12. Bell further discloses that transmitting to the one or more first hearing devices [D1] and the one or more second hearing devices [D2] includes sending multiple unicast transmissions (each hearing device [D] has it own link [L]; see Fig. 1B).
As to Claim 19, Bell discloses (in Figs. 1A and 1B) a method, comprising: receiving, at a central wireless communication device [D0], a first wireless signal from one or more first hearing devices [D1] of a first user via a first wireless connection [L1]; receiving, at the central device [D0], a second wireless signal [I2] from one or more second hearing devices [D2] of a second user via a second wireless connection [L2] (the hearing devices [D0] - [Dn] transmit respective wireless audio signals [I0] - [In], through respective wireless Bluetooth connections [L0] - [Ln]; col. 3, lines 22-37; see Fig. 1B); and transmitting, by the central device [D0], to the one or more first hearing devices [D1] and the one or more second hearing devices [D2], one or more audio packets [O1, O2] based on the received first wireless signal [I1] and the received second wireless signal [I2] (the central device [D0] transmits, to each hearing device, a signal, including contributions form signals derived from the other devices; col. 4, lines 16-24; see Fig. 1B). It is noted that Bell does not explicitly disclose that the hearing devices are configured to be worn on or in an ear of the users. However, Bell discloses that the devices may be any mobile or fixed Bluetooth enabled communication terminals (col. 3, lines 1-4), and using Bluetooth enabled hearing devices such as earpieces or hearing aids, that are worn in the ear of a user, for the purpose of group conversation was well known.
Poltorak discloses a method, comprising receiving, at a central wireless communication device [210] signals from one or more first hearing devices [204-1] configured to be worn at an ear of a first user [201-1] (see Fig. 2), and one or more second hearing devices [204-2] configured to be worn at an ear of a second user [201-2] (see Fig. 2) (col. 62, lines 7-17). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate hearing devices configured to be worn at an ear of the users, for the added feature of enabling communication between people with hearing deficiencies.
As to Claim 20, Bell and Poltorak remain as applied above to Claim 19. Bell further discloses generating, by the central device [D0], the one or more audio packets [O1, O2] by mixing the first wireless signal [I1] and the second wireless signal [I2] (the signals are combined; col. 3, lines 39-67 – col. 4, lines 1-3).
As to Claim 22, Bell and Poltorak remain as applied above to Claim 19. Bell further discloses receiving, at the central device [D0], a third wireless signal [In] from one or more third hearing devices [Dn] of a third user via a third wireless connection [Ln]; and transmitting, by the central device [D0], to the one or more first hearing devices [D1], the one or more second hearing devices [D2], and the one or more third hearing devices [Dn], one or more audio packets based on the received first wireless signal [I1], the received second wireless signal [I2] and the received third wireless signal [I1] (the central device [D0] transmits, to each hearing device, a signal, including contributions form signals derived from the other devices; col. 4, lines 16-24; see Fig. 1B).
Poltorak further discloses that the one or more hearing devices are configured to be worn on or in an ear of a user (see Fig. 2).
As to Claim 23, Bell and Poltorak remain as applied above to Claim 22. Bell and Polotrak do not explicitly disclose receiving, at the central device, a fourth wireless signal from one or more fourth hearing devices configured to be worn on or in an ear of a fourth user via a fourth wireless connection; and transmitting, by the central device, to the one or more first hearing devices, the one or more second hearing devices, the one or more third hearing devices, and the one or more fourth hearing devices, one or more audio packets based on the received first wireless signal, the received second wireless signal, the received third wireless signal and the received fourth wireless signal. However, Bell teaches that the devices [D], wireless signals [I] and wireless connections [L] can be a plurality up to [n] (col. 4, lines 4-10; see Fig. 1A), which suggests that an additional hearing device could be incorporated into the network. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention to incorporate the steps of receiving, at the central device, a fourth wireless signal from one or more fourth hearing devices configured to be worn on or in an ear of a fourth user via a fourth wireless connection; and transmitting, by the central device, to the one or more first hearing devices, the one or more second hearing devices, the one or more third hearing devices, and the one or more fourth hearing devices, one or more audio packets based on the received first wireless signal, the received second wireless signal, the received third wireless signal and the received fourth wireless signal.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bell, U.S. Patent No. 6,405,027, patented on June 11, 2002 (Bell), Poltorak, U.S. Patent No. 12,501,225, effectively filed on January 2, 2022 (Poltorak), further in view of Guccione, U.S. Patent No. 7,742,758, patented on June 22, 2010 (Guccione).
As to Claim 4, Bell and Poltorak remain as applied above to Claim 1. Bell and Poltorak do not explicitly disclose that transmitting to the one or more first hearing devices and the one or more second hearing devices includes sending a broadcast transmission. However, using a broadcast transmission to transmit from a central device to multiple hearing devices was well known. Guccione teaches a central device [28] configured for wireless communication with several hearing devices [20, 22, 24] (see Fig. 1), that transmits, to the hearing devices [20, 22, 24], audio packets based on received signals from the hearing devices [20, 22, 24] (audio from the devices [20, 22, 24], are mixed [42] at the central device [28] and sent to each individual device; col. 4, lines 12-17), wherein transmitting to the hearing devices includes sending a broadcast transmission (col. 3, lines 25-34). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate the technique of sending a broadcast transmission, into the system of Bell and Polotrak.
As to Claim 13, Bell and Poltorak remain as applied above to Claim 12. Bell and Poltorak do not explicitly disclose that transmitting to the one or more second hearing devices and the one or more third hearing devices includes sending a broadcast transmission. However, using a broadcast transmission to transmit from a central device to multiple hearing devices was well known. Guccione teaches a central device [28] configured for wireless communication with several hearing devices [20, 22, 24] (see Fig. 1), that transmits, to the hearing devices [20, 22, 24], audio packets based on received signals from the hearing devices [20, 22, 24] (audio from the devices [20, 22, 24], are mixed [42] at the central device [28] and sent to each individual device; col. 4, lines 12-17), wherein transmitting to the hearing devices includes sending a broadcast transmission (col. 3, lines 25-34). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to incorporate the technique of sending a broadcast transmission, into the system of Bell and Polotrak.
Claims 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bell, U.S. Patent No. 6,405,027, patented on June 11, 2002 (Bell), Poltorak, U.S. Patent No. 12,501,225, effectively filed on January 2, 2022 (Poltorak), further in view of Petit-Huguenin, U.S. Patent No. 10,097,693, patented on October 9, 2018 (Petit-Huguenin).
As to Claim 8, Bell and Poltorak remain as applied above to Claim 1. Bell and Poltorak do not explicitly disclose that the one or more processors are further programmed to: generate the one or more audio packets by multiplexing the first wireless signal and the second wireless signal. Bell discloses that the audio packets are generated by mixing at the central device. However, generating audio packets by multiplexing the signals instead of mixing at a central device was well known. Petit-Huguenin discloses (in Fig. 2) a central device [206] similar to Poltorak and Bell, that transmits audio packets to hearing devices [102], where the audio packets are based on wireless signals [210, 212, 214] from other hearing devices [102] in the network (col. 8, lines 34-37). Petit-Huguenin further discloses that the central device [206] is further configured to generate the one or more audio packets by multiplexing the first wireless signal [210a] and the second wireless signal [212a] (the signal [210a] from the first hearing device [102a], and the signal [212a] from the second hearing device [102b] are sent as separate streams [210c, 212c] to an additional hearing device [102c]; col. 8, lines 34-40; see Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to generate the audio packets by multiplexing the first and second wireless signals, for the obvious benefit of efficiently distributing processing load when a new hearing device is added to the network, by mixing the streams at the hearing device, rather than centrally (Petit-Huguenin: col. 9, lines 29-41).
As to Claim 21, Bell and Poltorak remain as applied above to Claim 19. Bell and Poltorak do not explicitly disclose generating, by the central device, the one or more audio packets by multiplexing the first wireless signal and the second wireless signal. Bell discloses that the audio packets are generated by mixing at the central device. However, generating audio packets by multiplexing the signals instead of mixing at a central device was well known. Petit-Huguenin discloses (in Fig. 2) a central device [206] similar to Poltorak and Bell, that transmits audio packets to hearing devices [102], where the audio packets are based on wireless signals [210, 212, 214] from other hearing devices [102] in the network (col. 8, lines 34-37). Petit-Huguenin further discloses generating, at the central device [206], the one or more audio packets by multiplexing the first wireless signal [210a] and the second wireless signal [212a] (the signal [210a] from the first hearing device [102a], and the signal [212a] from the second hearing device [102b] are sent as separate streams [210c, 212c] to an additional hearing device [102c]; col. 8, lines 34-40; see Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to generate the audio packets by multiplexing the first and second wireless signals, for the obvious benefit of efficiently distributing processing load when a new hearing device is added to the network, by mixing the streams at the hearing device, rather than centrally (Petit-Huguenin: col. 9, lines 29-41).
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Haartsen, U.S. Patent No. 12,464,320 effectively filed on October 4, 2021 (Haartsen).
As to Claim 15, Haartsen discloses a system, comprising: one or more first hearing devices [A] configured to be worn on or in an ear of a first user (the hearing devices are earpieces; col. 15, lines 5-17); and one or more second hearing devices [B] configured to be worn on or in an ear of a second user (col. 15, lines 5-17), wherein each device of the one or more first hearing devices [A] and the one or more second hearing devices [B] is configured with one or more processors [250] (col. 15, lines 29-39; see Fig. 2) programmed to: broadcast an audio packet [632, 634] to other devices of the one or more first hearing devices [A] and the one or more second hearing devices [B] (audio packets are broadcasted from each device; col. 17, lines 29-38), including acoustic signals received by a microphone [220] of the each device (signals from the microphone are sent as packets; col. 17, lines 14-27); and receive a broadcasted signal from the other devices including acoustic signals received by microphones [220] of the other devices (the broadcast packets from other devices are received; col. 17, lines 66-67 – col. 18, lines 1-3).
As to Claim 16, Haartsen remains as applied above to Claim 15. Haartsen further discloses that each of the one or more first hearing devices [A] and the one or more second hearing devices [B] is configured to obtain an encryption code to enable reception and decryption of the broadcasted signal (communication between the hearing devices is secured by an encryption key which is used to decrypt the data; col. 27, lines 29-31).
As to Claim 17, Haartsen remains as applied above to Claim 16. Haartsen further discloses that the encryption code is configured to be transmitted using a paired connection, a QR code, or using near field communication between the one or more first hearing devices and the one or more second hearing devices (the encryption key is transmitted via near field communication; col. 27, lines 16-28).
As to Claim 18, Haartsen remains as applied above to Claim 15. Haartsen further discloses one or more third hearing devices [C] configured to be worn on or in an ear of a third user (the hearing devices are earpieces; col. 15, lines 5-17), wherein each device of the one or more first hearing devices [A], the one or more second hearing devices [B], and the one or more third hearing devices [C] is configured with one or more processors [250] (col. 15, lines 29-39; see Fig. 2) programmed to: broadcast an audio packet to other devices of the one or more first hearing devices [A], the one or more second hearing devices [B], and the one or more third hearing devices [C] (audio packets are broadcasted from each device; col. 17, lines 29-38), including acoustic signals received by a microphone [220] of the each device (signals from the microphone are sent as packets; col. 17, lines 14-27); and receive a broadcasted signal from the other devices including acoustic signals received by microphones [220] of the other devices (the broadcast packets from other devices are received; col. 17, lines 66-67 – col. 18, lines 1-3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan Robinson whose telephone number is (571) 270-3956. The examiner can normally be reached on Monday through Friday from 9 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Fan Tsang, can be reached on (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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/RYAN ROBINSON/Primary Examiner, Art Unit 2694