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 . This Office action is based on the communications filed March 9, 2026. Claims 1 – 9, 15 – 24, and 26 are currently pending and considered below.
Response to Arguments
Applicant’s arguments, see page 7 of the Remarks, filed March 9, 2026, with respect to the rejection of claim 26 under 35 U.S.C. 112 have been fully considered and are persuasive. The rejection of claim 26 under 35 U.S.C. 112 has been withdrawn.
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive. Applicant argues that “While Park is configured to distinguish speech from chewing and to adjust the gain of a hearing aid based on detected speech, there is nothing in Park that discloses a device configured to "modulate a gain value of the sound processor for sounds output through the receiver based on the chewing detected" as required by claim 1,” emphasis added by Applicant. The Examiner respectfully disagrees. As acknowledged by Applicant, Park distinguishes speech from chewing and in doing so also teaches that chewing is not associated with speaking/speech (see at least, “facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” [0021]. Park further discloses that “the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” [0030], i.e., cases where chewing is distinguished, since chewing is not associated with speaking/speech. Therefore, Park anticipates the argued limitation of claim 1 and likewise claims 15 and 26. Since all of Applicant’s arguments have been addressed and the rejection deemed proper, the rejection is maintained below and made Final.
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.
(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.
Claim(s) 1 – 3, 5, 6, 9, and 26 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (US 2015/0063615 A1), hereinafter Park.
Claim 1: Park discloses a hearing assistance device (see at least, “FIG. 2 illustrates an embodiment schematic block diagram of the electronic components of a hearing aid 100,” Park [0026]) comprising:
a control circuit (see at least, “The hearing aid 100 may further include one or more processors (not shown) configured with processor-executable instructions to perform operations as disclosed herein. The processor(s) may be coupled to the microphone 110, the facial movement detector 120 and the speaker 130, in order to receive inputs A1, M1 and generates an output sound A2 for the wearer's auditory system 5 to more easily and clearly hear,” Park [0021], Gain Control Processor 250, Park FIG. 2);
a microphone, wherein the microphone is in electrical communication with the control circuit (see at least, “Also shown in FIG. 1 is a hearing aid 100, which includes a microphone 110,” Park [0021], Park FIG. 1, “As above, the hearing aid 100 includes microphone 210 for microphone 210 rece1vmg input audio signals. The microphone 210 may include more than one microphone. For example, a first microphone may be configured on the hearing aid to more readily pick up sounds from the wearer's own mouth, while a second microphone may be configured to primarily pick up other ambient sounds,” [0026], Park FIG. 2);
a motion sensor, wherein the motion sensor is in electrical communication with the control circuit (see at least, “a facial movement detector 120,” Park [0021], Park FIG. 1, “Additionally, the hearing aid 100 may include a facial movement detector 230 for receiving facial movement indications, particularly from facial muscles. For example, an EMG sensor that may include surface electrodes for measuring a voltage differential, may serve as a facial movement detector 230. A facial movement detector 230 may be located in direct contact with the hearing aid wearer's skin. For example, the facial movement detector 230 may be positioned on an external portion of the hearing aid 100 in contact with facial regions whose movement is associated with speaking. The facial movement detector 23 0 may include more than one facial movement detector in order to detect/differentiate patterns of facial movement and/or to provide redundancies to ensure movement is detected. For example, a first facial movement detector may be disposed on a first part of the hearing aid, while a second facial movement detector may be disposed remote from the first facial movement detector on a second part of the hearing aid or even remote from the main hearing aid body,” Park [0028]), Park FIG. 2);
a receiver, wherein the receiver is in electrical communication with the control circuit (see at least, “a speaker 130,” Park [0021], Park FIG. 1, “As used herein, the term "speaker" or "receiver" are used interchangeably herein and refer to a component of a hearing aid that changes electrical signals from the processor/amplifier into sound, which is generally directed into the ear of the wearer,” Park [0025], “In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], Park FIG. 2); and
a sound processor, wherein the sound processor is in electrical communication with the control circuit (see at least, “The portion of the input audio signal identified to be noise may bypass the Gain Control Processor 250 and be sent directly to the mixer 270 for output. In this way, those portions identified as "noise" may still be output by the hearing aid, but not necessarily amplified or even attenuated. Otherwise, those other portions of the input audio signal not considered noise may be forwarded to the Gain Control Processor 250, along with any indication as to whether any subportion thereof has been identified as human speech and/or the wearer's speech. Alternatively, those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027], “The hearing aid 100 may further include a mixer 270 for combining and changing the output level of the original input audio signal based upon the applied gain profiles, if applicable. Additional gain may be applied by the mixer 270 based on detected levels of noise received from the IAAF 220. In this way, all or portions of the input audio signal may be enhanced for outputting an augmented audio segment suitable to the needs of a hearing aid wearer. The augmented audio segment may include various portions and/or frequencies that have been enhanced in varied ways based on the appropriate gain profiles applied. In this way, the augmented audio segment may include one distinct portion of the original input audio signal that has been changed differently than another distinct portion by have different gain profiles applied thereto,” Park [0031]);
wherein the hearing assistance device is configured to output sound to a wearer of the hearing assistance device with the receiver based on sound detected with the microphone (see at least, “The hearing aid 100 may further include one or more processors (not shown) configured with processor-executable instructions to perform operations as disclosed herein. The processor(s) may be coupled to the microphone 110, the facial movement detector 120 and the speaker 130, in order to receive inputs A1, M1 and generates an output sound A2 for the wearer's auditory system 5 to more easily and clearly hear,” Park [0021]);
detect chewing of the wearer by evaluating signals from the microphone and/or the motion sensor (see at least, “The microphone 110 receives an input audio signal Ai, cause by sounds generated in the surrounding environment. Also, the microphone 110 may include more than one microphone for picking up sounds from different directions, such as those sounds coming from the wearer, as compared to sounds from another source. Elements such as the ear hook 115 are optional. The facial movement detector 120 may be configured to engage a portion of the wearer's skin suitable for detecting facial movements, particularly muscle movements, associated with speaking. In this way, the facial movement detector 120 may be configured to detect signals M1 generated by facial muscles when the wearer is speaking. In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021]); and
modulate a gain value of the sound processor for sounds output through the receiver based on the chewing detected (see at least, “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “a Wearer Speech Detection Unit (WSPU) 260thatmaybepart of the overall GCP 250. Thus, the WSPU 260 may receive both the input audio signal and the facial movement indication in order to determine whether the facial movement indication is a movement match to a first movement pattern associated with the wearer speaking. Additionally, the WSPU 260 may determine whether at least a portion of the input audio signal is an audio match to a first voice pattern associated with speech generated by the wearer. Based upon the received inputs, the WSDU 260 may determine whether to apply a first gain profile P 1 or a second gain profile P 2 to an entire input audio signal or portions thereof. The first gain profile P 1 may be applied when it is determined that the wearer is speaking; while the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” Park [0030], “The output signal generated by the mixer 270 may be processed through a digital-to-analog converter (DA) 275 for converting a digitized signal to an analog output signal, if appropriate. In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], “Additionally, in accordance with an embodiment this individual may further benefit a first gain profile applied when he is listening to himself speak and a second gain profile when he is not speaking. FIG. 4B illustrates first (1st and second 2nd) gain profiles, respectively corresponding to the "own speech" and "other" scenarios from FIG. 4A. Each of the gain profiles includes a set of gain values corresponding to multiple frequencies of the input audio signal. In this way, the "own speech" may include a first set of gain values and the "other" may include a second set of gain values. As shown this individual needs less gain applied in the lower frequencies when hearing himself speak,” Park [0036]).
Claim 2: Park disclose the hearing assistance device of claim 1, wherein the hearing assistance device is configured to reduce the gain value of the sound processor for sounds detected with the microphone and then output through the receiver based on the chewing detected (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027], “a Wearer Speech Detection Unit (WSPU) 260thatmaybepart of the overall GCP 250. Thus, the WSPU 260 may receive both the input audio signal and the facial movement indication in order to determine whether the facial movement indication is a movement match to a first movement pattern associated with the wearer speaking. Additionally, the WSPU 260 may determine whether at least a portion of the input audio signal is an audio match to a first voice pattern associated with speech generated by the wearer. Based upon the received inputs, the WSDU 260 may determine whether to apply a first gain profile P 1 or a second gain profile P 2 to an entire input audio signal or portions thereof. The first gain profile P 1 may be applied when it is determined that the wearer is speaking; while the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” Park [0030], “The output signal generated by the mixer 270 may be processed through a digital-to-analog converter (DA) 275 for converting a digitized signal to an analog output signal, if appropriate. In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], “Additionally, in accordance with an embodiment this individual may further benefit a first gain profile applied when he is listening to himself speak and a second gain profile when he is not speaking. FIG. 4B illustrates first (1st and second 2nd) gain profiles, respectively corresponding to the "own speech" and "other" scenarios from FIG. 4A. Each of the gain profiles includes a set of gain values corresponding to multiple frequencies of the input audio signal. In this way, the "own speech" may include a first set of gain values and the "other" may include a second set of gain values. As shown this individual needs less gain applied in the lower frequencies when hearing himself speak,” Park [0036]).
Claim 3: Park disclose the hearing assistance device of claim 1, wherein the hearing assistance device is configured to receive an input regarding a degree of gain value reduction when the chewing is detected (see at least, “The gain or level of gain may be the amount of sound added by the hearing aid. Gain as used herein refers to the difference between a hearing aid' s input level and the output level, which levels may be measured in decibels. A hearing aid may apply a gain to incoming sounds (received as an input audio signal) in order to generate a louder and/or modified output sound… Differing levels of gain may be added to different frequencies of the input audio signal. In this way, frequencies in which the user has difficulty hearing may have more gain applied than other frequencies. A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]).
Claim 5: Park disclose the hearing assistance device of claim 1, wherein the hearing assistance device is configured to detect chewing of the wearer by detecting a predetermined pattern within signals from the microphone and/or the motion sensor (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “Additionally, the hearing aid 100 may include a facial movement detector 230 for receiving facial movement indications, particularly from facial muscles. For example, an EMG sensor that may include surface electrodes for measuring a voltage differential, may serve as a facial movement detector 230. A facial movement detector 230 may be located in direct contact with the hearing aid wearer's skin. For example, the facial movement detector 230 may be positioned on an external portion of the hearing aid 100 in contact with
facial regions whose movement is associated with speaking. The facial movement detector 23 0 may include more than one facial movement detector in order to detect/differentiate patterns of facial movement and/or to provide redundancies to ensure movement is detected. For example, a first facial movement detector may be disposed on a first part of the hearing aid, while a second facial movement detector may be disposed remote from the first facial movement detector on a second part of the hearing aid or even remote from the main hearing aid body,” Park [0028], “Additionally, the MAA 240 may analyze those processed facial movement indications, by isolating those portions relevant to recognizing when the hearing aid wearer is speaking. In particular, the MAA 240 may act as a speech detector by being configured to specifically detect which jaw muscle movements are associated with speech. The MAA 240 may compare the electric (i.e., digitized) representation of facial movements (i.e., a facial movement indication) to one or more sets of patterns generally correlated to facial movements during human speech. A more customized analysis may compare the detected patterns to previously recorded movements of a particular wearer while speaking. As part of the setup of the MAA 240 and the overall hearing aid 100, facial movement patterns of the wearer, while speaking, may be stored in an operatively coupled memory for comparison and matching to the received facial movement indication.
Facial movement patterns may be measured by sensors, converted into a signal, which will have its own representative pattern of the actual facial movement pattern, and stored and/or analyzed. Alternatively, the presence of generic patterns associated with human speech may be used to identify movement patterns indicative of the wearer speaking. The determination as to whether the facial movement indication matches (i.e., is a movement match) one or more predefined (stored) movement patterns associated with the wearer speaking may be forwarded to the Gain Control Processor 250. A match of a facial movement indication (based on its representative pattern), received from a facial movement detector, to a stored facial movement pattern means the two patterns (each representing facial movement associated with a wearer speaking) are substantially equivalent.),” Park [0029]).
Claim 6: Park disclose the hearing assistance device of claim 1, wherein the hearing assistance device is configured to execute a binary classification for the chewing detection on a per time unit basis (see at least, “The facial movement detector 120 may be configured to engage a portion of the wearer's skin suitable for detecting facial movements, particularly muscle movements, associated with speaking. In this way, the facial movement detector 120 may be configured to detect signals M1 generated by facial muscles when the wearer is speaking. In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “FIG. 3 illustrates representative patterns of processed inputs from the microphone 210 and the facial movement
detector 230 measured over a period of time,” Park [0032]).
Claim 9: Park disclose the hearing assistance device of claim 1, wherein the hearing assistance device is configured to characterize an ambient sound environment and set a degree of gain value modulation based on the same (see at least, “Such a first microphone 110 may be unidirectional, while the second microphone 112 may be onmi-directional for collecting a broader range of ambient sounds. Also, a differential between the first microphone 110 and the second microphone 112 may be used to determine a dominant direction of the ambient noise being picked-up by the microphones. For example, a first gain profile may be applied in response to determining that a threshold portion of the input audio signal was received from the first microphone, while a second gain profile may be applied if that threshold portion was not received by the first microphone. The threshold portion may be greater than fifty percent or some other percentage determined to reliably identify a dominant direction of the ambient noise being picked-up by the microphones,” Park [0040]).
Claim 26: Park disclose a method of dynamically adjusting gain values for a hearing assistance device comprising: outputting sound to a wearer of a hearing assistance device based on sound detected with a microphone (see at least, “The hearing aid 100 may further include one or more processors (not shown) configured with processor-executable instructions to perform operations as disclosed herein. The processor(s) may be coupled to the microphone 110, the facial movement detector 120 and the speaker 130, in order to receive inputs A1, M1 and generates an output sound A2 for the wearer's auditory system 5 to more easily and clearly hear,” Park [0021]); detecting chewing of the device wearer by evaluating signals from the microphone and/or a motion sensor (see at least, “The microphone 110 receives an input audio signal Ai, cause by sounds generated in the surrounding environment. Also, the microphone 110 may include more than one microphone for picking up sounds from different directions, such as those sounds coming from the wearer, as compared to sounds from another source. Elements such as the ear hook 115 are optional. The facial movement detector 120 may be configured to engage a portion of the wearer's skin suitable for detecting facial movements, particularly muscle movements, associated with speaking. In this way, the facial movement detector 120 may be configured to detect signals M1 generated by facial muscles when the wearer is speaking. In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021]); and modulating a gain value of a sound processor for sounds output through the receiver based on the chewing detected (see at least, “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “a Wearer Speech Detection Unit (WSPU) 260thatmaybepart of the overall GCP 250. Thus, the WSPU 260 may receive both the input audio signal and the facial movement indication in order to determine whether the facial movement indication is a movement match to a first movement pattern associated with the wearer speaking. Additionally, the WSPU 260 may determine whether at least a portion of the input audio signal is an audio match to a first voice pattern associated with speech generated by the wearer. Based upon the received inputs, the WSDU 260 may determine whether to apply a first gain profile P 1 or a second gain profile P 2 to an entire input audio signal or portions thereof. The first gain profile P 1 may be applied when it is determined that the wearer is speaking; while the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” Park [0030], “The output signal generated by the mixer 270 may be processed through a digital-to-analog converter (DA) 275 for converting a digitized signal to an analog output signal, if appropriate. In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], “Additionally, in accordance with an embodiment this individual may further benefit a first gain profile applied when he is listening to himself speak and a second gain profile when he is not speaking. FIG. 4B illustrates first (1st and second 2nd) gain profiles, respectively corresponding to the "own speech" and "other" scenarios from FIG. 4A. Each of the gain profiles includes a set of gain values corresponding to multiple frequencies of the input audio signal. In this way, the "own speech" may include a first set of gain values and the "other" may include a second set of gain values. As shown this individual needs less gain applied in the lower frequencies when hearing himself speak,” Park [0036]).
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.
Claim(s) 4, 7, and 15 – 21, 23, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Guo et al. (US 2022/0312129 A1), hereinafter Guo.
Claim 4: Park discloses the hearing assistance device of claim 1, but does not disclose wherein the hearing assistance device is configured to adjust the gain value of the sound processor greater than 20 times per second. However, Guo discloses in a similar system “One or more motion detectors in hearing aids may be used to identify such fast feedback provoking events, i.e., yawning and chewing. Further, the one or more motion detectors may be detecting head turning/nodding and more generic movements that may add to artefacts and/or loosening of the hearing aid. For example, when there is a head turning movement, which leads to a shorter distance from ear to shoulder, feedback may arise,” Guo [0133]. Guo further discloses “The modulated gain shown in FIG. 4A (bold solid line) consists of repeated periods of increased (high) forward gain AH and reduced (low) forward gain AL with durations of TH and TL, respectively,” [0216], “Additionally, or alternatively, the durations of TH and TL may be in a similar order of magnitude as (e.g. approximately equal to) the loop delay Tloop. … when the loop delay Tloop=10 ms,” [0218], and therefore forward gain is adjusted processor greater than 20 times per second. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned aspect of Guo in the invention of Park thereby allowing for the advantage of fast gain processing when identifying “such fast feedback provoking events, i.e., yawning and chewing,” Guo [0133].
Claim 7: Park discloses the hearing assistance device of claim 1, wherein the hearing assistance device is configured to adjust a weighting factor for detection of the chewing (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]) but does not disclose based on a detected posture. However, Guo discloses in a similar system “One or more motion detectors in hearing aids may be used to identify such fast feedback provoking events, i.e., yawning and chewing. Further, the one or more motion detectors may be detecting head turning/nodding and more generic movements that may add to artefacts and/or loosening of the hearing aid. For example, when there is a head turning movement, which leads to a shorter distance from ear to shoulder, feedback may arise,” Guo [0133]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned aspect of Guo head turning/nodding in the invention of Park thereby allowing for the advantage of body movements in addition to facial movements for gain control.
Claim 15: Park discloses a hearing-assistance system comprising:
a first hearing assistance device (see at least, “FIG. 2 illustrates an embodiment schematic block diagram of the electronic components of a hearing aid 100,” Park [0026]), the first hearing assistance device comprising a first control circuit (see at least, “The hearing aid 100 may further include one or more processors (not shown) configured with processor-executable instructions to perform operations as disclosed herein. The processor(s) may be coupled to the microphone 110, the facial movement detector 120 and the speaker 130, in order to receive inputs A1, M1 and generates an output sound A2 for the wearer's auditory system 5 to more easily and clearly hear,” Park [0021], Gain Control Processor 250, Park FIG. 2); a first microphone, wherein the first microphone is in electrical communication with the first control circuit (see at least, “Also shown in FIG. 1 is a hearing aid 100, which includes a microphone 110,” Park [0021], Park FIG. 1, “As above, the hearing aid 100 includes microphone 210 for microphone 210 rece1vmg input audio signals. The microphone 210 may include more than one microphone. For example, a first microphone may be configured on the hearing aid to more readily pick up sounds from the wearer's own mouth, while a second microphone may be configured to primarily pick up other ambient sounds,” [0026], Park FIG. 2); a first motion sensor, wherein the first motion sensor is electrical communication with the first control circuit (see at least, “a facial movement detector 120,” Park [0021], Park FIG. 1, “Additionally, the hearing aid 100 may include a facial movement detector 230 for receiving facial movement indications, particularly from facial muscles. For example, an EMG sensor that may include surface electrodes for measuring a voltage differential, may serve as a facial movement detector 230. A facial movement detector 230 may be located in direct contact with the hearing aid wearer's skin. For example, the facial movement detector 230 may be positioned on an external portion of the hearing aid 100 in contact with facial regions whose movement is associated with speaking. The facial movement detector 23 0 may include more than one facial movement detector in order to detect/differentiate patterns of facial movement and/or to provide redundancies to ensure movement is detected. For example, a first facial movement detector may be disposed on a first part of the hearing aid, while a second facial movement detector may be disposed remote from the first facial movement detector on a second part of the hearing aid or even remote from the main hearing aid body,” Park [0028]), Park FIG. 2); and a first speaker, wherein the first speaker is in electrical communication with the first control circuit (see at least, “a speaker 130,” Park [0021], Park FIG. 1, “As used herein, the term "speaker" or "receiver" are used interchangeably herein and refer to a component of a hearing aid that changes electrical signals from the processor/amplifier into sound, which is generally directed into the ear of the wearer,” Park [0025], “In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], Park FIG. 2);
wherein the hearing-assistance system is configured to output sound to a wearer of the hearing-assistance system based on sound detected with the first microphone and/or the second microphone (see at least, “The hearing aid 100 may further include one or more processors (not shown) configured with processor-executable instructions to perform operations as disclosed herein. The processor(s) may be coupled to the microphone 110, the facial movement detector 120 and the speaker 130, in order to receive inputs A1, M1 and generates an output sound A2 for the wearer's auditory system 5 to more easily and clearly hear,” Park [0021]); detect chewing of a device wearer by evaluating signals from the microphones and/or the motion sensors (see at least, “The microphone 110 receives an input audio signal Ai, cause by sounds generated in the surrounding environment. Also, the microphone 110 may include more than one microphone for picking up sounds from different directions, such as those sounds coming from the wearer, as compared to sounds from another source. Elements such as the ear hook 115 are optional. The facial movement detector 120 may be configured to engage a portion of the wearer's skin suitable for detecting facial movements, particularly muscle movements, associated with speaking. In this way, the facial movement detector 120 may be configured to detect signals M1 generated by facial muscles when the wearer is speaking. In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021]); and modulate a gain value for sounds detected with the microphones and then output through the speakers based on the detected chewing (see at least, “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “a Wearer Speech Detection Unit (WSPU) 260thatmaybepart of the overall GCP 250. Thus, the WSPU 260 may receive both the input audio signal and the facial movement indication in order to determine whether the facial movement indication is a movement match to a first movement pattern associated with the wearer speaking. Additionally, the WSPU 260 may determine whether at least a portion of the input audio signal is an audio match to a first voice pattern associated with speech generated by the wearer. Based upon the received inputs, the WSDU 260 may determine whether to apply a first gain profile P 1 or a second gain profile P 2 to an entire input audio signal or portions thereof. The first gain profile P 1 may be applied when it is determined that the wearer is speaking; while the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” Park [0030], “The output signal generated by the mixer 270 may be processed through a digital-to-analog converter (DA) 275 for converting a digitized signal to an analog output signal, if appropriate. In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], “Additionally, in accordance with an embodiment this individual may further benefit a first gain profile applied when he is listening to himself speak and a second gain profile when he is not speaking. FIG. 4B illustrates first (1st and second 2nd) gain profiles, respectively corresponding to the "own speech" and "other" scenarios from FIG. 4A. Each of the gain profiles includes a set of gain values corresponding to multiple frequencies of the input audio signal. In this way, the "own speech" may include a first set of gain values and the "other" may include a second set of gain values. As shown this individual needs less gain applied in the lower frequencies when hearing himself speak,” Park [0036]).
Park does not disclose a second hearing assistance device, the second hearing assistance device comprising a second control circuit, wherein the second control circuit is in electrical communication with the second control circuit; a second microphone, wherein the second microphone is in electrical communication with the second control circuit; a second motion sensor, wherein the second motion sensor is in electrical communication with the second control circuit; and a second speaker, wherein the second speaker is in electrical communication with the second control circuit. However, Guo discloses in a similar system “One or more motion detectors in hearing aids may be used to identify such fast feedback provoking events, i.e., yawning and chewing. Further, the one or more motion detectors may be detecting head turning/nodding and more generic movements that may add to artefacts and/or loosening of the hearing aid. For example, when there is a head turning movement, which leads to a shorter distance from ear to shoulder, feedback may arise,” Guo [0133]. Guo further discloses “A hearing system may be provided. The hearing system may comprise left and right hearing aids according to above,” Guo [0175], “The left and right hearing aids may be configured to establish a wired or wireless connection between them allowing data, e.g. audio data, to be exchanged between them, optionally via an auxiliary device,” Guo [0177]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned aspect of having “left and right hearing aids according to above,” Guo [0175] in the invention of Park by including a second hearing assistance device in the same manner as the first hearing assistance device of Park disclosed above, thereby allowing for hearing assistance in both ears as required by users with hearing loss in both ears.
Claim 16: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to reduce the gain value for sounds detected with the first microphone and/or the second microphone and then output through the first speaker and/or the second speaker based on the chewing detected (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027], “a Wearer Speech Detection Unit (WSPU) 260thatmaybepart of the overall GCP 250. Thus, the WSPU 260 may receive both the input audio signal and the facial movement indication in order to determine whether the facial movement indication is a movement match to a first movement pattern associated with the wearer speaking. Additionally, the WSPU 260 may determine whether at least a portion of the input audio signal is an audio match to a first voice pattern associated with speech generated by the wearer. Based upon the received inputs, the WSDU 260 may determine whether to apply a first gain profile P 1 or a second gain profile P 2 to an entire input audio signal or portions thereof. The first gain profile P 1 may be applied when it is determined that the wearer is speaking; while the second gain profile P2 may be applied when it is determined that the wearer is not speaking,” Park [0030], “The output signal generated by the mixer 270 may be processed through a digital-to-analog converter (DA) 275 for converting a digitized signal to an analog output signal, if appropriate. In this way, the augmented audio segment may be output to the wearer of the hearing aid from the speaker 280,” Park [0031], “Additionally, in accordance with an embodiment this individual may further benefit a first gain profile applied when he is listening to himself speak and a second gain profile when he is not speaking. FIG. 4B illustrates first (1st and second 2nd) gain profiles, respectively corresponding to the "own speech" and "other" scenarios from FIG. 4A. Each of the gain profiles includes a set of gain values corresponding to multiple frequencies of the input audio signal. In this way, the "own speech" may include a first set of gain values and the "other" may include a second set of gain values. As shown this individual needs less gain applied in the lower frequencies when hearing himself speak,” Park [0036]).
Claim 17: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to receive an input regarding a degree of gain value reduction when the chewing is detected (see at least, “The gain or level of gain may be the amount of sound added by the hearing aid. Gain as used herein refers to the difference between a hearing aid' s input level and the output level, which levels may be measured in decibels. A hearing aid may apply a gain to incoming sounds (received as an input audio signal) in order to generate a louder and/or modified output sound… Differing levels of gain may be added to different frequencies of the input audio signal. In this way, frequencies in which the user has difficulty hearing may have more gain applied than other frequencies. A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]).
Claim 18: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to adjust the gain value greater than 20 times per second However, Guo discloses in a similar system “One or more motion detectors in hearing aids may be used to identify such fast feedback provoking events, i.e., yawning and chewing. Further, the one or more motion detectors may be detecting head turning/nodding and more generic movements that may add to artefacts and/or loosening of the hearing aid. For example, when there is a head turning movement, which leads to a shorter distance from ear to shoulder, feedback may arise,” Guo [0133]. Guo further discloses “The modulated gain shown in FIG. 4A (bold solid line) consists of repeated periods of increased (high) forward gain AH and reduced (low) forward gain AL with durations of TH and TL, respectively,” [0216], “Additionally, or alternatively, the durations of TH and TL may be in a similar order of magnitude as (e.g. approximately equal to) the loop delay Tloop. … when the loop delay Tloop=10 ms,” [0218], and therefore forward gain is adjusted processor greater than 20 times per second. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned aspect of Guo in the invention of Park thereby allowing for the advantage of fast gain processing when identifying “such fast feedback provoking events, i.e., yawning and chewing,” Guo [0133].
Claim 19: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to detect chewing of the wearer by detecting a predetermined pattern within signals from the microphones and/or the motion sensors (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “Additionally, the hearing aid 100 may include a facial movement detector 230 for receiving facial movement indications, particularly from facial muscles. For example, an EMG sensor that may include surface electrodes for measuring a voltage differential, may serve as a facial movement detector 230. A facial movement detector 230 may be located in direct contact with the hearing aid wearer's skin. For example, the facial movement detector 230 may be positioned on an external portion of the hearing aid 100 in contact with facial regions whose movement is associated with speaking. The facial movement detector 23 0 may include more than one facial movement detector in order to detect/differentiate patterns of facial movement and/or to provide redundancies to ensure movement is detected. For example, a first facial movement detector may be disposed on a first part of the hearing aid, while a second facial movement detector may be disposed remote from the first facial movement detector on a second part of the hearing aid or even remote from the main hearing aid body,” Park [0028], “Additionally, the MAA 240 may analyze those processed facial movement indications, by isolating those portions relevant to recognizing when the hearing aid wearer is speaking. In particular, the MAA 240 may act as a speech detector by being configured to specifically detect which jaw muscle movements are associated with speech. The MAA 240 may compare the electric (i.e., digitized) representation of facial movements (i.e., a facial movement indication) to one or more sets of patterns generally correlated to facial movements during human speech. A more customized analysis may compare the detected patterns to previously recorded movements of a particular wearer while speaking. As part of the setup of the MAA 240 and the overall hearing aid 100, facial movement patterns of the wearer, while speaking, may be stored in an operatively coupled memory for comparison and matching to the received facial movement indication. Facial movement patterns may be measured by sensors, converted into a signal, which will have its own representative pattern of the actual facial movement pattern, and stored and/or analyzed. Alternatively, the presence of generic patterns associated with human speech may be used to identify movement patterns indicative of the wearer speaking. The determination as to whether the facial movement indication matches (i.e., is a movement match) one or more predefined (stored) movement patterns associated with the wearer speaking may be forwarded to the Gain Control Processor 250. A match of a facial movement indication (based on its representative pattern), received from a facial movement detector, to a stored facial movement pattern means the two patterns (each representing facial movement associated with a wearer speaking) are substantially equivalent.),” Park [0029]).
Claim 20: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to execute a binary classification for the chewing detection on a per time unit basis (see at least, “The facial movement detector 120 may be configured to engage a portion of the wearer's skin suitable for detecting facial movements, particularly muscle movements, associated with speaking. In this way, the facial movement detector 120 may be configured to detect signals M1 generated by facial muscles when the wearer is speaking. In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “FIG. 3 illustrates representative patterns of processed inputs from the microphone 210 and the facial movement
detector 230 measured over a period of time,” Park [0032]).
Claim 21: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to adjust a weighting factor for detection of the chewing based on a detected posture wherein the hearing assistance device is configured to adjust a weighting factor for detection of the chewing (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]) but does not disclose based on a detected posture. However, Guo discloses in a similar system “One or more motion detectors in hearing aids may be used to identify such fast feedback provoking events, i.e., yawning and chewing. Further, the one or more motion detectors may be detecting head turning/nodding and more generic movements that may add to artefacts and/or loosening of the hearing aid. For example, when there is a head turning movement, which leads to a shorter distance from ear to shoulder, feedback may arise,” Guo [0133]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned aspect of Guo head turning/nodding in the invention of Park thereby allowing for the advantage of body movements in addition to facial movements for gain control.
Claim 23: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to characterize an ambient sound environment and set a degree of gain value modulation based on the same (see at least, “Such a first microphone 110 may be unidirectional, while the second microphone 112 may be onmi-directional for collecting a broader range of ambient sounds. Also, a differential between the first microphone 110 and the second microphone 112 may be used to determine a dominant direction of the ambient noise being picked-up by the microphones. For example, a first gain profile may be applied in response to determining that a threshold portion of the input audio signal was received from the first microphone, while a second gain profile may be applied if that threshold portion was not received by the first microphone. The threshold portion may be greater than fifty percent or some other percentage determined to reliably identify a dominant direction of the ambient noise being picked-up by the microphones,” Park [0040]).
Claim 24: Park and Guo disclose the hearing-assistance system of claim 15, wherein gain values for the first hearing assistance device and the second hearing assistance device are adjusted independently (see at least, “A hearing system may be provided. The hearing system may comprise left and right hearing aids according to above,” Guo [0175], “The left and right hearing aids may be configured to establish a wired or wireless connection between them allowing data, e.g. audio data, to be exchanged between them, optionally via an auxiliary device,” Guo [0177], “Hearing aids, hearing systems or binaural hearing systems may e.g. be used for compensating for a hearing impaired person's loss of hearing capability, augmenting or protecting a normal-hearing person's hearing capability and/or conveying electronic audio signals to a person,” Guo [0184], and therefore the gain values for the first hearing assistance device and the second hearing assistance device are adjusted independently since the left ear and right ear are independent in regards to hearing loss and therefore require different hearing adjustments, for proper binaural hearing).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Engebretson (US 5,475,759), hereinafter Engebretson.
Claim 8: Park discloses the hearing assistance device of claim 1, wherein the hearing assistance device is configured to adjust a weighting factor for detection of the chewing (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]) but does not disclose based on detection that the device wearer is seated. However, Engebretson discloses in regards to similar electronic filters for hearing aids, “For example, when the user sits near a wall the feedback
transfer function Hf is different from Hf when the user is in the center of a large room. The user also changes the feedback path and thus Hf by moving a hand near the ear, or by chewing or otherwise moving the jaw or in numerous other ways, in the daily life routine. Remarkably the adaptive filter 113 offsets this varying feedback in a manner which considerably increases the convenience and value of
the hearing aid to the user,” Engebretson Column 8 Lines 29 – 37). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gain profile of Park to take into consideration sitting in addition to chewing based on the teachings of Engebretson thereby allowing for the advantage of suitable gain profile modification based on “daily life routine,” Engebretson Column 8 Lines 29 – 37.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park and Guo in view of Engebretson (US 5,475,759), hereinafter Engebretson.
Claim 22: Park and Guo disclose the hearing-assistance system of claim 15, wherein the hearing-assistance system is configured to adjust a weighting factor for detection of the chewing (see at least, “In this way, facial movements not associated with the wearer speaking, such as eating, drinking, chewing or even certain silent facial expressions, may be distinguished from facial movements associated with speech,” Park [0021], “The speaker 130 may be configured to output the augmented sound A2 generated by the hearing aid 100 in accordance with the various embodiments,” Park [0021], “A gain profile refers to a set of data correlating ranges of sound frequencies to varying levels of gain,” Park [0022], “those portions identified as "noise" may be attenuated by the mixer or filtered out entirely,” Park [0027]) but does not disclose based on detection that the device wearer is seated. However, Engebretson discloses in regards to similar electronic filters for hearing aids, “For example, when the user sits near a wall the feedback transfer function Hf is different from Hf when the user is in the center of a large room. The user also changes the feedback path and thus Hf by moving a hand near the ear, or by chewing or otherwise moving the jaw or in numerous other ways, in the daily life routine. Remarkably the adaptive filter 113 offsets this varying feedback in a manner which considerably increases the convenience and value of the hearing aid to the user,” Engebretson Column 8 Lines 29 – 37). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gain profile of Park and Guo to take into consideration sitting in addition to chewing based on the teachings of Engebretson thereby allowing for the advantage of suitable gain profile modification based on “daily life routine,” Engebretson Column 8 Lines 29 – 37.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Iwano (JP-2011188334-A) where “in the present invention, the movement of the jaw is detected to estimate whether or not the hearing aid wearer is chewing, and the hearing aid operation is switched,” [0005], “The hearing aid of the present invention estimates whether or not the mastication operation is being performed from the time variation result of the potential difference signal between the first mastication detection electrode and the second mastication detection electrode, and when it is estimated that the mastication operation is being performed, the mastication discomfort suppression processing is performed on the sound signal, and thus, it is possible to configure a hearing aid in which the hearing aid wearer is unlikely to feel discomfort due to mastication,” [0006].
THIS ACTION IS MADE FINAL. 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.
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
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