Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 21, 23 and 24 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Soli (US 5402496)
As to Claim 21, Soli teaches a signal processing system ( Feedback suppression apparatus, Figure 8, 11), comprising: an input configured to receive a first signal based on captured energy captured by a microphone ( input 520 including a microphone capturing sounds, col. 9 lines 38-45); a first signal processor( 630) that processes data that is based on the first signal( signal 530 output from the microphone 520); a second signal processor( adaptive filter 510, Figure 11), that processes data that is based on output of the first signal processor( composite output signal 655) , wherein data that is based on output of the second signal processor is provided back into the first signal processor, ( as Adaptive output signal 580 generated by adaptive filter 510 is subtracted from input signal 530 by input signal combiner 600 in order to produce a feedback canceled signal 610. Feedback canceled signal 610 is supplied both to signal processor 630 and to error shaping filter 640. See at least Col. 9 lines 55-68, Figure 11 and Figure 8)
As to Claim 23, Soli teaches the limitations of Claim 21, and regarding the following: Soli teaches wherein: the signal processing system ( Figure 8 and 11) manipulates the data that is based on the first signal ( signal 530 output from the microphone 520); and the data based on the output of the second signal processor( output 580 of adaptive filter 510) to develop data corresponding to a combined signal that is provided to the first signal processor( Adaptive output signal 580 generated by adaptive filter 510 is subtracted from input signal 530 by input signal combiner 600 in order to produce a feedback canceled signal 610. Feedback canceled signal 610 is supplied both to signal processor 630, See at least Col. 9 lines 55-68, Figure 11 and Figure 8) , wherein the data corresponding to the combined signal( 610) is used by the first signal processor( 630) to develop the output of the first signal processor(655). Applicant’s specification on [0046] teaches a adaptive noise cancellation filter 82.
As to Claim 24, Soli teaches the limitations of Claim 21, and further teaches wherein: the output of the first signal processor( 630, Figure 11) is solely based on the data corresponding to the combined signal( signal 610).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
1. Claims 22, 41 and 45 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Soli (US 5402496) in view of Miller(USI et al. ( US7214179B2), hereinafter Miller.
As to Claim 22, Soli teaches the limitations of Claim 21, and regarding the following the microphone, wherein the microphone is an implantable microphone, and wherein output from the microphone establishes a basis for the first signal, Soli teaches the audio input signal has both desired and undesired component and the noise and feedback suppression apparatus effectively removes the undesired component from the input signal without affecting the desired component of the input signal. See at least abstract. Soli does not explicitly teach the microphone is an implantable microphone. However, Miller in related field (Hearing device) teaches implantable hearing instruments to utilize an implanted microphone that require microphone to be positioned at a location that facilitates the receipt of acoustic signals. The vibrations caused by an implant wearer’s voice such as chewing or vibration caused by the hearing aid itself may generate distortion of wearer’s own voice, feedback and the vibration reaches the microphone and may induce pressure fluctuations within the skin due to acceleration. Accordingly, such pressure fluctuations may be amplified just as a pressure fluctuation caused by the deflection of the skin's surface by an acoustic sound. In this regard, the implanted microphone detects the combination of these two sources as a single varying pressure. See at least col. 2 lines 1-11. It would have been obvious to one of ordinary skill in the art, to use the noise or feedback cancelling system as taught by Soli for the implanted hearing aids having implanted microphone to remove feedback or noise generated they user’s own voice.
As to Claim 41, Soli teaches a system for managing unwanted component(s) of input into the system, ( Feedback suppression apparatus, Figure 8, 11), comprising: an ( input 520 including a microphone capturing sounds, col. 9 lines 38-45); a first signal processor( 630) for processing received signals and generating an output signal ( signal 530 output from the microphone 520); a second signal processor( adaptive filter 510, Figure 11), configured to process said output signal and remove a resulting processed response from the microphone output response to produce a first cancelled signal at least a portion of which is received by the first signal processor.
( as Adaptive output signal 580 generated by adaptive filter 510 is subtracted from input signal 530 by input signal combiner 600 in order to produce a feedback canceled signal 610. Feedback canceled signal 610 is supplied both to signal processor 630 and to error shaping filter 640. See at least Col. 9 lines 55-68, Figure 11 and Figure 8). Soli do not explicitly teach the microphone is an implantable microphone. However, Miller in related field (Hearing device) teaches implantable hearing instruments to utilize an implanted microphone that requires microphone to be positioned at a location that facilitates the receipt of acoustic signals. The vibrations caused by an implant wearer’s voice such as chewing or vibration caused by the hearing aid itself may generate distortion of wearer’s own voice, feedback and the vibration reaches the microphone and may induce pressure fluctuations within the skin due to acceleration. Accordingly, such pressure fluctuations may be amplified just as a pressure fluctuation caused by the deflection of the skin's surface by an acoustic sound. In this regard, the implanted microphone detects the combination of these two sources as a single varying pressure. See at least col. 2 lines 1-11. It would have been obvious to one of ordinary skill in the art, to use the noise or feedback cancelling system as taught by Soli for the implanted hearing aids having implanted microphone to remove feedback or noise generated by the user’s own voice.
As to Claim 45, Soli in view of Miller teaches the limitations of Claim 41 Miller further teaches, wherein said system further comprises: a motion sensor (Figure 4, acceleration or motion source 50) operative to generate a motion sensor output response indicative of motion (microphone vibration response 52). See at least col. 9 lines 59-68 and col. 10 lines 1-11.
Allowable Subject Matter
Claims 25, 27-29, 31, 42-44, 46, 47 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 33-37 and 39-40 are allowed. The independent Claim 33, identifies a uniquely distinct feature of a signal processor that processes data that is based on the first signal, wherein the first signal includes a first energy component that is present in the second signal, the second signal is substantially devoid of a second energy component that is present in the first signal, the first signal processor is isolated from data that is based on the second signal, and the signal processing system is configured so that output of the first signal processor is substantially devoid of the first energy component. The prior art fails to anticipate or render the independent claim obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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