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 Objections
Claim 16 is objected to because of the following:
on line 2, after “by”, “the” should be changed to --a--. Appropriate correction is required.
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.
Claims 1-5 and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gran (US 2014/0348360).
Regarding claim 1, Gran teaches a wearable audio device (10, 12, figures 4, 5, 6, 7) comprising a behind-the-ear (BTE) microphone (14, 16, paragraph [0121]) configured to generate a BTE microphone signal (33, 35, paragraph [0121], figure 7), a front-of-ear microphone (26, paragraph [0121], figures 6, 7) configured to generate a front-of-ear microphone signal (31, paragraph [0121], figure 7), an adaptive filter (46, 58, 70, figure 7) configured to generate an adapted signal (figure 7, paragraphs [0123]-[0126] and [0141]) based on the BTE microphone signal (paragraph [0123], figure 7), and an error signal (82, paragraph [0141], figure 7), a subtractor circuit (78, paragraph [0141], figure 7) configured to generate the error signal based on the adapted signal and the front-of-ear microphone signal (31, figure 7), and an acoustic transducer (22) configured to generate audio based on the adapted signal (paragraph [0141], figure 7).
Regarding claim 2, Gran teaches the BTE microphone (14, 16) that is arranged behind an ear of a user (paragraph [0121], figures 4, 5, 6, 7).
Regarding claim 3, Gran teaches the front-of-ear microphone (26) that is arranged within an ear canal or a concha of a user (paragraph [0121], figures 6, 7).
Regarding claim 4, Gran teaches a second BTE microphone (14 or 16) that is configured to generate a second BTE microphone signal (33 or 35, paragraph [0121], figure 7).
Regarding claim 5, Gran teaches the second BTE microphone (14 or 16) that is arranged behind an ear of a user (paragraph [0121], figures 4, 5, 6, 7).
Regarding claim 9, Gran teaches the wearable audio device that is a hearing aid (10).
Regarding claim 10, Gran teaches a wearable audio device (10, 12, figures 4, 5, 6, 7) comprising a first behind-the-ear (BTE) microphone (14, 16, paragraph [0121]) configured to generate a first BTE microphone signal (33, 35, paragraph [0121], figure 7), a second behind-the-ear (BTE) microphone (14, 16, paragraph [0121]) configured to generate a second BTE microphone signal (33, 35, paragraph [0121], figure 7), a fixed filter configured to generate a microphone array based on the first BTE microphone signal and the second BTE microphone signal (34, 36, 50, figure 7, paragraphs [0122]- [0123]), a front-of-ear microphone (26, paragraph [0121], figures 6, 7) configured to generate a front-of-ear microphone signal (31, paragraph [0121], figure 7), an adaptive filter (46, 58, 70, figure 7) configured to generate an adapted signal (figure 7, paragraphs [0123]-[0126] and [0141]) based on the BTE microphone signal (paragraph [0123], figure 7), and an error signal (82, paragraph [0141], figure 7), a subtractor circuit (78, paragraph [0141], figure 7) configured to generate the error signal based on the adapted signal and the front-of-ear microphone signal (31, figure 7), and an acoustic transducer (22) configured to generate audio based on the adapted signal (paragraph [0141], figure 7).
Regarding claim 11, Gran teaches the first BTE microphone (14) and the second BTE microphone (16, figure 7). Gran does not specifically teach the first BTE microphone and the second BTE microphone (16, figure 7) are arranged as a directional microphone array. However, providing a first microphone and a second microphone in a hearing aid or a wearable audio device in a directional mode or arranged as a directional microphone array is known in the art.
Therefore, it would have been obvious to one skilled in the art to provide the first BTE microphone and the second BTE microphone in the system of Gran in any mode such as a directional mode for better selecting the signals depending on the desired frequency characteristics in the system.
Regarding claim 12, Gran teaches a method for capturing and processing audio with a wearable audio device (10, 12, figures 4, 5, 6, 7) comprising generating, via a front-of-ear microphone (26, paragraph [0121], figures 6, 7) arranged on the wearable audio device, a front-of-ear microphone signal (31, paragraph [0121], figure 7), generating, via an adaptive filter (46, 58, 70, figure 7), an adapted signal (46, 58, 70, figure 7, paragraphs [0123]-[0126] and [0141]) based on a behind-the-ear (BTE) audio signal (33, 35, paragraph [0121], figure 7) and an error signal (82, paragraph [0141]), wherein the error signal is generated by a subtractor circuit (78, paragraph [0141], figure 7) configured to generate the error signal based on the adapted signal and the front-of-ear microphone signal (31, figure 7), and wherein the BTE audio signal (33, 35, paragraph [0121], figure 7) corresponds to sound captured by one or more BTE microphones (14, 16, paragraph [0121]) arranged on the wearable audio device, and generating, via an acoustic transducer (22) arranged on the wearable audio device, audio corresponding to the adapted signal (paragraph [0141], figure 7).
Regarding claim 13, Gran teaches the BTE audio signal that is a first BTE microphone signal (33, 35, paragraph [0121], figure 7) generated by a first BTE microphone (14, 16, paragraph [0121]).
Regarding claims 14-15, Gran teaches the BTE audio signal that is a microphone array signal generated by a fixed filter (34, 36, 50, figure 7, paragraphs [0122]- [0123]), wherein the fixed filter generates the microphone array signal based on a first BTE microphone signal (33) and a second BTE microphone signal (35, figure 7, paragraphs [0122]- [0123]),
Regarding claims 16, Gran teaches the first BTE microphone signal (33) that is generated by a first BTE microphone (14, figure 7), and the second BTE microphone signal (35) that is generated by a second BTE microphone (16, figure 7).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gran (US 2014/0348360).
Regarding claim 6, Gran teaches the adaptive filter (46, 58, 70, figure 7, paragraphs [0123]-[0126] and [0141]) configured to generate the adapted signal based on the BTE microphone signal (paragraph [0123], figure 7), and the error signal (82, paragraph [0141]). Gran does not specifically disclose a second adapted signal based on the second BTE microphone signal and a second error signal as claimed. However, Gran does teach a first BTE microphone signal and a second BTE microphone signal (33, 35, figure 7) that are pre-processed or pre-filtered in the pre-processors (34, 36, figure 7).
Therefore, it would have been obvious to one skilled in the art to provide a second adapted signal and a second error signal for better processing the plurality BTE microphone signals and better providing the improved frequency characteristics in the system.
Regarding claims 7-8, Gran teaches the an adaptive filter (46, 58, 70, figure 7, paragraphs [0123]-[0126] and [0141]) configured to generate the adapted signal based on a BTE microphone signal (paragraph [0123], figure 7) and the error signal (82, paragraph [0141]), and a subtractor circuit (78, paragraph [0141], figure 7) configured to generate the error signal based on the adapted signal and the front-of-ear microphone signal (31, figure 7), and an acoustic transducer (22) configured to generate audio based on the adapted signal (paragraph [0141], figure 7).
Gran does not specifically disclose a second subtractor circuit configured to generate the second error signal based on the second adapted signal and the front-of-ear microphone signal as claimed. However, Gran does teach a first BTE microphone signal and a second BTE microphone signal (33, 35, figure 7) that are pre-processed or pre-filtered in the pre-processors (34, 36, figure 7).
Therefore, it would have been obvious to one skilled in the art to a second subtractor circuit configured to generate the second error signal based on the second adapted signal and the front-of-ear microphone signal, wherein the audio generated by the acoustic transducer (22) is further based on the second adapted signal based on the second BTE microphone signal for better processing the plurality of BTE microphone signals and better providing the improved frequency characteristics in the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Koutrouli et al. (US 2020/0107137) teaches a hearing device and hearing system comprising a multitude of adaptive two channel beamformers device, wherein the hearing device comprises three microphones (FM, RM, IM), a BTE part of the hearing device adapted for being located at the external ear of the user comprising two (FM, RM) of the three microphones, an ITE part of the hearing device adapted for being located in or at the ear canal of the user comprising a microphone (IM) located in the concha.
Ma et al. (US 9,148,735) teaches a hearing aid comprising at least one BTE sound input transducer accommodated in a BTE hearing aid housing, and at least one ITE microphone accommodated in an ITE microphone housing, wherein the hearing aid includes a feedback monitor connected to the adaptive feedback canceller and configured to monitor a state of feedback and having an output providing an indication of the state of feedback, and a cue controller connected to the feedback monitor and the at least one adaptive cue filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571) 272-7502. The examiner can normally be reached 9:30 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached at (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUYEN D LE/Primary Examiner, Art Unit 2694 HL
February 7, 2026