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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 of 18/778,822 – Instant App.
An ear-worn device, comprising: an integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second ear-worn device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 1 of 12356156 – US Patent
A hearing aid, comprising: a microphone configured to receive a sound signal and output an electrical signal representing the sound signal; a frontend receiver coupled to the microphone and configured to receive the electrical signal representing the sound signal, digitize the electrical signal, and output an audio signal comprising a digitized version of the sound signal; an accelerometer configured to capture acceleration data for the hearing aid; a voice activity detector configured to determine voice activity in the audio signal; a sound level detector configured to determine whether a sound level of the audio signal exceeds a threshold sound level; a first signal processing path and a second signal processing path, wherein the first signal processing path comprises neural network engine (NNE) circuitry configured to implement a neural network trained to perform background noise reduction, and the first signal processing path is configured to provide a higher target SNR enhancement than the second signal processing path; and a controller configured to determine whether to transmit the audio signal to the first signal processing path or to the second signal processing path based on the acceleration data, the voice activity in the audio signal, and whether the sound level of the audio signal exceeds the threshold sound level.
Claim 2 of 12356156
The hearing aid of claim 1, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 3 of 12356156
The hearing aid of claim 1, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 4 of 12356156
The hearing aid of claim 1, wherein the NNE circuitry is configured to process the audio signal with an associated power consumption of about 2 milliwatts or less.
Claim 11 of 18/778,822 – Instant App.
An integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 11 of 12356156 – US Patent
A hearing aid, comprising: a microphone configured to receive a sound signal and output an electrical signal representing the sound signal; a frontend receiver coupled to the microphone and configured to receive the electrical signal representing the sound signal, digitize the electrical signal, and output an audio signal comprising a digitized version of the sound signal; an integrated circuit (IC) comprising a first signal processing path, the first signal processing path comprising neural network engine (NNE) circuitry configured to implement a neural network trained to perform background noise reduction; a second signal processing path not implemented on the IC, wherein: the first signal processing path is configured to provide a higher target SNR enhancement than the second signal processing path; and a controller configured to: compute one or more metrics characterizing an acoustic environment; and determine whether to transmit the audio signal to the first signal processing path or to the second signal processing path based on the computed one or more metrics.
Claim 12 of 12356156
The hearing aid of claim 11, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 13 of 12356156
The hearing aid of claim 11, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 14 of 12356156
The hearing aid of claim 11, wherein the NNE circuitry is configured to process the audio signal with an associated power consumption of about 2 milliwatts or less.
Claims 1 & 11 (of application number 18/778,822, hereinafter referred to as ‘822) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 & 11-14 of U.S. Patent No. 12356156 (hereinafter referred to as ‘156).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘822 claims 1 & 11 are broader recitations of ‘156 claims 1-4 & 11-14. Therefore ‘156 claims 1-4 & 11-14 are encompassed by ‘822 claims 1 & 11.
Claim 1 of 18/778,822 - Instant App.
An ear-worn device, comprising: an integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second ear-worn device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 11 of 18/778,822
An integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 1 of 11818547 US Patent
An ear-worn hearing system residing in an ear-worn housing and configured to enhance an incoming audio signal, comprising: front-end circuitry configured to receive and digitize the incoming audio signal and output a digitized version of the incoming audio signal; control circuitry configured to receive the digitized version of the incoming audio signal, estimate a signal-to-noise ratio (SNR) of the digitized version of the incoming audio signal, and output a control circuitry output signal including signal samples; a digital signal processor (DSP); and neural network engine (NNE) circuitry switchable into and out of a signal path between the control circuitry and the DSP such that a neural network of the NNE circuitry configured to isolate and de-noise speech in the incoming audio signal is couplable directly to an output of the control circuitry and configured to enhance signal samples in the control circuitry output signal and then output a continuous audio signal based on the enhanced signal samples, wherein the NNE circuitry is further configured to: determine a target SNR of the continuous audio signal based at least in part on the estimate of the SNR of the digitized version of the incoming audio signal; apply gains to separated source signals derived from the digitized version of the incoming audio signal, the gains selected based on the target SNR; and recombine the separated source signals after application of the gains to produce the continuous audio signal.
Claim 5 of 11818547
The hearing system of claim 1, wherein the neural network performs at least 1 billion operations per second.
Claim 6 of 11818547
The hearing system of claim 5, wherein the NNE circuitry is configured to process the digitized version of the incoming audio signal with an associated power consumption of about 2 milliwatts or less.
Claims 1 & 11 (of application number 18/778,822, hereinafter referred to as ‘822) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 5-6 of U.S. Patent No. 11818547 (hereinafter referred to as ‘547).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘822 claims 1 & 11 are broader recitations of ‘547 claims 1 & 5-6. Therefore ‘547 claims 1 & 5-6 are encompassed by ‘822 claims 1 & 11.
Claim 1 of 18/778,822 – Instant App.
An ear-worn device, comprising: an integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second ear-worn device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 1 of 12363489 – US Patent
An ear-worn device comprising: a physical user control configured to receive input from a user of the ear-worn device; neural network engine (NNE) circuitry comprising: a source separation module configured to receive an input audio signal and output one or more intermediate signals representing one or more portions of the input audio signal corresponding to one or more respective sound sources; a relative gain module configured to receive the one or more intermediate signals and apply a respective gain or gains to the one or more intermediate signals; and a recombiner module configured to receive the one or more intermediate signals from the relative gain module after application of the respective gain or gains by the relative gain module, the recombiner module further configured to combine the one or more intermediate signals into a combined signal; wherein the respective gain or gains are set based on the input from the user received by the physical user control on the ear-worn device.
Claim 6 of 12363489
The ear-worn device of claim 1, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 7 of 12363489
The ear-worn device of claim 1, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 8 of 12363489
The ear-worn device of claim 1, wherein the NNE circuitry is configured to process a digitized version of the input audio signal with an associated power consumption of about 2 milliwatts or less.
Claim 11 of 18/778,822
An integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 11 of 12363489
A system comprising: an ear-worn device comprising: neural network engine (NNE) circuitry comprising: a source separation module configured to receive an input audio signal and output one or more intermediate signals representing one or more portions of the input audio signal corresponding to one or more respective sound sources; a relative gain module configured to receive the one or more intermediate signals and apply a respective gain or gains to the one or more intermediate signals; and a recombiner module configured to receive the one or more intermediate signals from the relative gain module after application of the respective gain or gains by the relative gain module, the recombiner module further configured to combine the one or more intermediate signals into a combined signal; and a mobile device in communication with the ear-worn device, the mobile device configured to display a graphical user interface comprising a user-adjustable control, the user-adjustable control configured to receive input from a user of the ear-worn device; wherein the respective gain or gains are set based on the input from the user received by the user-adjustable control.
Claim 16 of 12363489
The system of claim 11, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 17 of 12363489
The system of claim 11, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 18 of 12363489
The system of claim 11, wherein the NNE circuitry is configured to process a digitized version of the input audio signal with an associated power consumption of about 2 milliwatts or less.
Claims 1 & 11 (of application number 18/778,822, hereinafter referred to as ‘822) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-8, 11 & 16-18 of U.S. Patent No. 12363489 (hereinafter referred to as ‘489), in view of Diehl et al, US Patent Pub. 20210281958 A1.
‘489 claims 1, 6-8, 11 & 16-18 are anticipated by ‘822 claims 1 & 11; but fails to disclose digitize the incoming audio signal (Diehl et al, paras 0014-0015, 0073); and communicate with a second ear-worn device using near-field magnetic induction (Diehl et al, para 0021: wireless communication with the hearing device, where the hearing device is an ear mounted device that utilizes near-field magnetic induction to enable wireless communication in close ranges typical for an ear mounted device communicating with an external device (i.e. smart phone); para 0028: nearfield magnetic induction); digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC) (Diehl et al, para 0105: denoising by the classical processor; para 0049; para 0073: classical processing means can be digitized and processed by a digital signal processor DSP). However, Diehl et al does. It would have been obvious to modify ‘489 claims 1, 6-8, 11 & 16-18 such that it includes digitizing the audio signal and using a digital signal processor to carry out noise reduction of the digitized signal as taught in Diehl et al for the purpose of carry out noise reduction in a processor with superior flexibility, accuracy, and noise immunity.
Claim 1 of 18/778,822
An ear-worn device, comprising: an integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second ear-worn device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 14 of 19/193,247
An ear-worn device comprising: a physical user control configured to receive input from a user of the ear-worn device; neural network engine (NNE) circuitry comprising: a separation module configured to receive an input audio signal and output at least one intermediate signal representing at least one portion of the input audio signal; a relative gain module configured to receive multiple intermediate signals comprising the at least one intermediate signal and apply respective gains to the multiple intermediate signals; and a recombiner module configured to receive the multiple intermediate signals from the relative gain module after application of the respective gains by the relative gain module, the recombiner module further configured to combine the multiple intermediate signals into a combined signal, wherein the respective gains are set based on the input from the user received by the physical user control on the ear-worn device.
Claim 19 of 19/193,247
The ear-worn device of claim 14, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 20 of 19/193,247
The ear-worn device of claim 14, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 21 of 19/193,247
The ear-worn device of claim 14, wherein the NNE circuitry is configured to process a digitized version of the input audio signal with an associated power consumption of about 2 milliwatts or less.
Claim 11 of 18/778,822
An integrated circuit (IC) having formed thereon: a frontend receiver configured to: receive an incoming audio signal from a microphone; digitize the incoming audio signal using an analog-to-digital converter; and communicate with a second device using near-field magnetic induction; neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry, wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less; digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC); and communication circuitry configured to communicate with an external device using a low-energy protocol.
Claim 24 of 19/193,247
An ear-worn device comprising: neural network engine (NNE) circuitry comprising: a separation module configured to receive an input audio signal and output at least one intermediate signal representing at least one portion of the input audio signal; a relative gain module configured to receive multiple intermediate signals comprising the at least one intermediate signal and apply respective gains to the multiple intermediate signals; and a recombiner module configured to receive the multiple intermediate signals from the relative gain module after application of the respective gains by the relative gain module, the recombiner module further configured to combine the multiple intermediate signals into a combined signal; wherein the respective gains are set based on user input from a mobile device in communication with the ear-worn device.
Claim 29 of 19/193,247
The ear-worn device of claim 24, wherein the NNE circuitry is configured to perform at least 1 billion operations per second.
Claim 30 of 19/193,247
The ear-worn device of claim 24, wherein the NNE circuitry is configured to achieve at least 2 billion operations per milliwatt.
Claim 31 of 19/193,247
The ear-worn device of claim 24, wherein the NNE circuitry is configured to process a digitized version of the input audio signal with an associated power consumption of about 2 milliwatts or less.
Claims 1 & 11 (of application number 18/778,822, hereinafter referred to as ‘822) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14, 19-21, 24 & 29-31 of U.S. Patent application No. 19/193,247 (hereinafter referred to as ‘247), in view of Diehl et al, US Patent Pub. 20210281958 A1.
‘247 claims 14, 19-21, 24 & 29-31 are anticipated by ‘822 claims 1 & 11; but fails to disclose digitize the incoming audio signal (Diehl et al, paras 0014-0015, 0073); and communicate with a second ear-worn device using near-field magnetic induction (Diehl et al, para 0021: wireless communication with the hearing device, where the hearing device is an ear mounted device that utilizes near-field magnetic induction to enable wireless communication in close ranges typical for an ear mounted device communicating with an external device (i.e. smart phone); para 0028: nearfield magnetic induction); digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC) (Diehl et al, para 0105: denoising by the classical processor; para 0049; para 0073: classical processing means can be digitized and processed by a digital signal processor DSP). However, Diehl et al does. It would have been obvious to modify ‘247 claims 14, 19-21, 24 & 29-31 such that it includes digitizing the audio signal and using a digital signal processor to carry out noise reduction of the digitized signal as taught in Diehl et al for the purpose of carry out noise reduction in a processor with superior flexibility, accuracy, and noise immunity.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 1-8 & 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Diehl et al, US Patent Pub. 20210281958 A1, in view of Chawla et al, US Patent Pub. 20210081773 A1.
Re Claim 1, Diehl et al discloses an ear-worn device, comprising: an integrated circuit (IC) having formed thereon (para 0021: ASIC integrated circuit): a frontend receiver configured to: receive an incoming audio signal from a microphone (abstract: input signal; para 0078: microphones); digitize the incoming audio signal (paras 0014-0015, 0073); and communicate with a second ear-worn device using near-field magnetic induction (para 0021: wireless communication with the hearing device, where the hearing device is an ear mounted device that utilizes near-field magnetic induction to enable wireless communication in close ranges typical for an ear mounted device communicating with an external device (i.e. smart phone); para 0028: nearfield magnetic induction); neural network engine (NNE) circuitry configured to reduce noise in the incoming audio signal using a neural network implemented by the NNE circuitry (abstract: neural network; paras 0007, 0011-0012, 0015-0021: neural network), digital signal processing (DSP) circuitry configured to perform active noise cancellation (ANC) (para 0105: denoising by the classical processor; para 0049; para 0073: classical processing means can be digitized and processed by a digital signal processor DSP); and communication circuitry configured to communicate with an external device using a low-energy protocol (para 0105: denoising by the classical processor; para 0049; para 0073: classical processing means can be digitized and processed by a digital signal processor DSP); but fails to disclose wherein: the NNE circuitry is configured to perform at least 1 billion operations per second; the NNE circuitry is configured to achieve at least 2-3 billion operations per milliwatt; and the NNE circuitry is configured to process the digitized incoming audio signal with an associated power consumption of about 2 milliwatts or less. However, Chawla et al teaches the concept of a neural network having the ability to perform tera operations per second per Watt (Chawla et al, para 0002: Tera operations per second per Watt, which are more efficient that gigaflops(billion operations per second) implies 1 trillion operations per second which is drastically better than 1 billion operations per second, more than 2-3 billion operations per milliwatt and power consumption of better than 2 milliwatts or less since the tera operations per second per Watt is naturally more efficient processing). It would have been obvious to modify the Diehl et al system such that its neural networks have a Tera operations per second per Watt capabilities as taught in Chawla et al for the purpose to optimize the efficiency of the neural network.
The combined teachings of Diehl et al and Chawla et al fail to explicitly disclose there being an analog to digital converter. Official Notice is taken that both the concepts and advantages of using an analog-digital converter are well known. It would have been obvious to modify the Diehl et al system such that it includes an analog-digital converter to convert analog signals to digital signals for digitized processed for the purpose of using a processor with superior flexibility, accuracy, and noise immunity.
Re Claim 2, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the NNE circuitry is configured to reduce the noise in the incoming audio signal based on a user selection of an operating mode through an application on a smartphone of the user (Diehl et al, para 0044: user interface for user to control the degree/level of denoising).
Re Claim 3, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the NNE circuitry is configured to reduce the noise in the incoming audio signal based on a user selection of an operating mode through an input on the ear-worn device (Diehl et al, para 0077: user interface for hearing device).
Re Claim 4, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the NNE circuitry is configured to enhance sequentially-received signal samples of the incoming audio signal and then output a processed signal as a continuous audible signal based on the enhanced sequentially-received signal samples (Diehl et al, para 0014: sound enhancement).
Re Claim 5, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 4, but fail to explicitly disclose wherein the continuous audible signal is generated in about 32 milliseconds or less of receipt of the incoming audio signal. Sine Chawla et al aims to use Tera operations per second per watts performs a trillion operations or more per second per watt, it would have been obvious to modify Diehl et al where its audible signal is generated at about 32 milliseconds or less for the purpose of maintaining the efficiency targeted with the modification of the Chawla et al reference.
Re Claim 6, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the NNE circuitry is configured to obtain a speech component of the incoming audio signal by: estimating a complex ratio mask for the incoming audio signal; or subtracting a noise component of the incoming audio signal from the incoming audio signal (Diehl et al, paras 0106-0107: subtracting voice/speech signal from the signal to produce other/noise signal implies that the other/noise signal can be subtracted from the signal, where subtracting is selected from the Markush claim language).
Re Claim 7, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the NNE circuitry is configured to obtain a noise component of the incoming audio signal by: estimating a complex ratio mask for the incoming audio signal; or subtracting a speech component of the incoming audio signal from the incoming audio signal (Diehl et al, paras 0106-0107: subtracting voice/speech signal from the signal to produce other/noise signal implies that the other/noise signal can be subtracted from the signal, where subtracting is selected from the Markush claim language).
Re Claim 8, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, wherein the DSP circuitry is configured to perform one or more of dynamic range compression, amplification, and frequency tuning (Diehl et al, paras 0044, 0085: amplification; wherein amplification is selected from the Markush language).
Claim 11 has been analyzed and rejected according to claim 1.
Claim 12 has been analyzed and rejected according to claim 2.
Claim 13 has been analyzed and rejected according to claim 3.
Claim 14 has been analyzed and rejected according to claim 4.
Claim 15 has been analyzed and rejected according to claim 5.
Claim 16 has been analyzed and rejected according to claim 6.
Claim 17 has been analyzed and rejected according to claim 7.
Claim 18 has been analyzed and rejected according to claim 8.
Claims 9 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Diehl et al, US Patent Pub. 20210281958 A1 and Chawla et al, US Patent Pub. 20210081773 A1, as applied to claim 1, in view of Han et al, US Patent Pub. 20230162739 A1.
Re Claim 9, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, but fail to disclose further comprising a wake word module configured to receive a wake word and activate a function based on receiving the wake word. However, Han et al teaches the concept of a wake word activating a neural network to carry out functions (Han et al, para 0130). It would have been obvious to modify the neural network of Diehl et al such that it utilizes a wake word to activate the neural network to perform desired functions as taught in Han et al for the purpose of optimizing the power usage of the neural network.
Claim 19 has been analyzed and rejected according to claim 9.
Claims 10 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Diehl et al, US Patent Pub. 20210281958 A1 and Chawla et al, US Patent Pub. 20210081773 A1, as applied to claim 1, in view of Nowak et al, US Patent Pub. 20190114404 A1.
Re Claim 10, the combined teachings of Diehl et al and Chawla et al disclose the ear-worn device of claim 1, but fail to disclose wherein the neural network comprises at least 1 million units. However, Nowak et al discloses a neural network that has a few million neural units (Nowak et al, para 0015). It would have been obvious to modify the neural network of Diehl et al to include a few million neural units as taught in Nowak et al for the purpose of achieving complex pattern recognition.
Claim 20 has been analyzed and rejected according to claim 10.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 2/17/2026
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692