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 (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)(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Anderson (US Patent Application, Pub. No.: US 2024/0397275 A1).
In regards to claims 1, 9, and 17, Anderson discloses a method (See pg. 1, paragraph [0024]), a computer program product (See pg. 6, paragraph [0069]), and a system (See pg. 2, paragraph [0026]) of facilitating fitting of a hearing system worn by a user, the method comprising: directing, by a processor (e.g., processor 1504} during a fitting session during which the hearing system operates in accordance with a fitting mode, the hearing system to provide to the user a plurality of audio prompts at a plurality of different presentation levels (See pg. 2, paragraph [0028]); determining, by the processor and for the plurality of audio prompts, a plurality of speech recognition levels, each speech recognition level of the plurality of speech recognition levels corresponding to a respective presentation level of the plurality of different presentation levels (See pg. 5, paragraph [0057]); and setting, by the processor and based on the plurality of speech recognition levels, a particular active noise canceling (ANC) strength for use in a normal operation mode of the hearing system subsequent to the fitting session for the user (See pg. 7, paragraph [0077] and pg. 7-8, paragraph [0082]).
In regards to claims 2, 10, and 18, Anderson discloses the method, computer program product, and system, wherein the setting the particular ANC strength comprises determining the particular ANC strength that corresponds to a first speech recognition level of the plurality of speech recognition levels (See pg. 3, paragraph [0037]) that meets a threshold difference relative to a second speech recognition level of the plurality of speech recognition levels (See pg. 7, paragraph [0077] and pg. 7-8, paragraph [0082]).
In regards to claims 3, 11, and 19, Anderson discloses the method, wherein the threshold difference comprises a predetermined increase (i.e., above the predetermined threshold) relative to the second speech recognition level, wherein the second speech recognition level corresponds to a maximum presentation level of the plurality of different presentation levels (See pg. 3, paragraph [0037]).
In regards to claims 4, 12, and 20, Anderson discloses the method, computer program product, and system, wherein the threshold difference comprises a decrease (i.e., below the predetermined threshold) in differences between sequential speech recognition levels of the plurality of speech recognition levels (See pg. 3, paragraph [0037]).
In regards to claim 5 and 13, Anderson discloses the method and computer program product, wherein the plurality of audio prompts at the plurality of different presentation levels comprise a same signal to noise ratio (SNR) (i.e., comparing the power (i.e., dB) of the desired signal to background noise) (for example, the ambient noise level is at 45 dB (below the predetermined threshold sound pressure level) (See pg. 3, paragraph [0037]).
In regards to claim 6 and 14, Anderson discloses the method, wherein the SNR is determined based on an SNR representative of an environment (i.e., room setting) of the user (i.e., comparing the power (i.e., dB) of the desired signal to background noise) (for example, the ambient noise level is at 45 dB (below the predetermined threshold sound pressure level) (See pg. 3, paragraph [0037]).
In regards to claims 7 and 15, Anderson discloses the method and computer program product, wherein: the plurality of audio prompts comprises a first plurality of audio prompts at a first SNR representative of a first environment (i.e., room with a sound source) and a second plurality of audio prompts at second SNR representative of a second environment (i.e., sound profile); and the setting the particular ANC strength comprises setting the particular ANC strength for a first profile of the normal operation mode and setting an additional ANC strength for a second profile of the normal operation mode (i.e., comparing the power (i.e., dB) of the desired signal to background noise) (for example, the ambient noise level is at 45 dB (below the predetermined threshold sound pressure level) (See pg. 2, paragraph [0030] and pg. 3, paragraph [0037]).
In regards to claims 8 and 16, Anderson discloses the method and computer program product, wherein the particular ANC strength defined by a frequency-dependent (i.e., threshold amplitudes for frequencies) ANC curve (See pg. 4, paragraph [0054]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Theill (US Patent Application, Pub. No.: US 2017/0238106 A1) teaches a method of fitting a hearing aid system, a hearing aid fitting system, and a computerized device. De Vries et al. (US Patent Application, Pub. No.: US 2022/0400350 A1) teach a fitting agent for a hearing device and method for updating a multi-environment user model.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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