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 § 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 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.
Claims 1-8 and 17-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Treue et al. (USP# 10,554,587; hereinafter “Treue”).
Regarding claim 1, Treue teaches a method comprising: receiving sensory signals at an external component of an implantable medical device system that is in wireless communication with an implantable component of the implantable medical device system (e.g. Col 12, ll 20-26 – “….entirely or partly implanted unit such as in Bone Anchored Hearing Aid or Cochlear Implant”); converting the sensory signals to sensory data (Col 15, ll 9-20 – “the microphones 40 capture the voice sounds, and the voice sounds are then transmitted to the processor 4 of the first processing unit 2. The first processing unit 2 is then configured to transmit the voice sound in packets”); determining at least one sensory signal attribute of the sensory signals and combining the sensory data and the at least one sensory signal attribute into one or more data packets (e.g. Cols 15-16 – ll 65-27 – where the examiner notes the data packets for the communication windows do not only transmit sound/frequencies but include determining attributes like the offset, timing and synchronization of the sound, and combining them into the data packets sent in communication windows 12/12A to the hearing device or cochlear implant); and sending the one or more data packets to the implantable component of the implantable medical device system via wireless communications (e.g. Col 13, ll 1-20 – “the output unit may include one or more output electrodes for providing the electric signals such as in a Cochlear Implant.” – where the examiner notes the output receives communication windows 12/12A (Col 14, ll 37-49); Col 14, ll 13-27, etc.).
Regarding claim 17, Treue teaches one or more non-transitory computer readable storage media comprising instructions that, when executed by a processor, cause the processor to: convert sound signals received at an external component of an implantable hearing device system to sound data (e.g. Col 15, ll 9-20 – “the microphones 40 capture the voice sounds, and the voice sounds are then transmitted to the processor 4 of the first processing unit 2. The first processing unit 2 is then configured to transmit the voice sound in packets”); determine at least one sound signal attribute of the sound signals and stream one or more data packets to an implantable component of the implantable hearing device system via wireless communications (e.g. Col 13, ll 1-20 – “the output unit may include one or more output electrodes for providing the electric signals such as in a Cochlear Implant.” – where the examiner notes the output receives communication windows 12/12A (Col 14, ll 37-49); Col 14, ll 13-27, etc.), wherein at least one data packet of the one or more data packets comprises the sound data and the at least one sound signal attribute (e.g. Cols 15-16 – ll 65-27 – where the examiner notes the data packets for the communication windows do not only transmit sound/frequencies but include determining attributes like the offset, timing and synchronization of the sound, and combining them into the data packets sent in communication windows 12/12A to the hearing device or cochlear implant).
Regarding claim 25, Treue discloses an implantable hearing device system comprising: an external component comprising: one or more input devices, a wireless transceiver, and one or more processors (e.g. Col 15, ll 9-20), wherein the one or more processors are configured to: convert sound signals received at the one or more input devices to sound data (e.g. Col 15, ll 9-20 – “the microphones 40 capture the voice sounds, and the voice sounds are then transmitted to the processor 4 of the first processing unit 2. The first processing unit 2 is then configured to transmit the voice sound in packets”); determine at least one sound signal attribute of the sound signals and stream one or more data packets to an implantable component of the implantable hearing device system via wireless communications (e.g. Col 13, ll 1-20 – “the output unit may include one or more output electrodes for providing the electric signals such as in a Cochlear Implant.” – where the examiner notes the output receives communication windows 12/12A (Col 14, ll 37-49); Col 14, ll 13-27, etc.), wherein at least one data packet of the one or more data packets comprises the sound data and the at least one sound signal attribute (e.g. Cols 15-16 – ll 65-27 – where the examiner notes the data packets for the communication windows do not only transmit sound/frequencies but include determining attributes like the offset, timing and synchronization of the sound, and combining them into the data packets sent in communication windows 12/12A to the hearing device or cochlear implant).
Regarding claims 2, 18, and 26, Treue discloses the sensory data is sound data, the at least one sensory signal attribute is at least one sound signal attribute, and at least one data packet of the one or more data packets comprises a sound data portion that comprises a plurality of samples of the sound data and a sound signal attribute portion that includes the at least one sound signal attribute (e.g. Col 13, ll 1-20 – “amplifier that is adapted to apply a frequency dependent gain to the input audio signal”).
Regarding claims 3, 19, and 27, Treue discloses the sound data portion further comprises at least a data identifier field (e.g. Cols 15-16 – ll 65-27 – “The external device 60 may transmit an acknowledgement when receiving a packet from the wireless communication device 1 via the third communication link (25)”).
Regarding claims 4, 20, and 28, Treue discloses the sound signal attribute portion comprises at least an offset field and further comprises the at least one sound signal attribute (e.g. Cols 15-16 – ll 65-27 – where the examiner notes not only the specific sound/frequencies are transmitted but the offset, timing and synchronization of the packets are determined).
Regarding claims 5, 21, and 29, Treue discloses the offset field includes an offset value that identifies a sample of the plurality of samples with which the at least one sound signal attribute is associated (e.g. Cols 15-16 – ll 65-27 – the offset value is determined).
Regarding claims 6, 22, and 30, Treue discloses the at least one sensory/sound signal attribute is at least an environmental classification of a sound environment of the sensory/sound signals. (e.g. Col 13, ll 1-20 – “enhance a target acoustic source” and “noise reduction”).
Regarding claims 7 and 23, Treue discloses the sensory/sound data includes audio signal data (e.g. Col 13, ll 1-20 – where the examiner notes that the voice sounds are audio signal data).
Regarding claims 8 and 24, Treue discloses the sensory/sound data includes stimulation control signal data (e.g. Col 13, ll 1-20 – “amplifier that is adapted to apply a frequency dependent gain to the input audio signal”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796