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 .
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive.
With regards to applicant’s asserting that their double patenting rejection overcame the prior art of record, the examiner maintains. Applicant’s terminal disclaimer only pertains to 18/810,241 but does not include double patenting rejections pertaining to US patents 12160706 B2 and 12148414 B2.
Claim Objections
Claim 7 is objected to because of the following informalities: The term ‘synehtsizer’ is not spelt correctly. Appropriate correction is required.
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 18/788,716
A hearing device comprising: a pulse detector configured to determine one or more pulse parameters including a first pulse parameter; a speech synthesizer coupled to the pulse detector for provision of a speech signal based on the first pulse parameter; a processor configured to process the speech signal for provision of an electrical output signal; and a receiver configured to provide an audio output signal based on the electrical output signal; wherein the first pulse parameter is a pulse period, or a confidence level indicative of a likelihood of a pulse input signal being a periodic or semi-periodic pulse signal.
Claim 8 of 18/788,716
The hearing device according to claim 1, wherein the pulse detector is configured to: determine if the pulse input signal satisfies a first rising criterion; and increase a threshold if the pulse input signal satisfies the first rising criterion.
Claim 9 of 18/788,716
The hearing device according to claim 1, wherein the pulse detector is configured to: determine if the pulse input signal satisfies a first down count criterion; and initialize a down counter if the pulse input signal satisfies the first down count criterion.
Claim 10 of 18/788,716
The hearing device according to claim 9, wherein the pulse detector is configured to: determine if the down counter satisfies a second down count criterion; and decrease the down counter if the down counter satisfies the second down count criterion.
Claim 11 of 18/788,716
The hearing device according to claim 9, wherein the pulse detector is configured to: determine if the down counter satisfies a pulse detection criterion; and determine the first pulse parameter based on a pulse timer if the down counter satisfies the pulse detection criterion.
Claim 12 of 18/788,716
A hearing device comprising: a pulse detector configured to determine one or more pulse parameters including a first pulse parameter; a speech synthesizer coupled to the pulse detector for provision of a speech signal based on the first pulse parameter; a processor configured to process the speech signal for provision of an electrical output signal; and a receiver configured to provide an audio output signal based on the electrical output signal; wherein the speech synthesizer comprises a filterbank configured to provide a filterbank output; and wherein the speech synehtsizer is configured to provision the speech signal based on the filterbank output.
Claim 19 of 18/788,716
The hearing device according to claim 12, wherein the pulse detector is configured to: determine if a pulse input signal satisfies a first rising criterion; and increase a threshold if the pulse input signal satisfies the first rising criterion.
Claim 20 of 18/788,716
The hearing device according to claim 12, wherein the pulse detector is configured to: determine if a pulse input signal satisfies a first down count criterion; and initialize a down counter if the pulse input signal satisfies the first down count criterion.
Claim 21 of 18/788,716
The hearing device according to claim 20, wherein the pulse detector is configured to: determine if the down counter satisfies a second down count criterion; and decrease the down counter if the down counter satisfies the second down count criterion.
Claim 22 of 18/788,716
The hearing device according to claim 20, wherein the pulse detector is configured to: determine if the down counter satisfies a pulse detection criterion; and determine the first pulse parameter based on a pulse timer if the down counter satisfies the pulse detection criterion.
Claim 1 of 12160706 B2
A method performed by a hearing device, the method comprising: obtaining a pulse input signal; determining whether the pulse input signal satisfies a first rising criterion; after the pulse input signal is determined as satisfying the first rising criterion, increasing a threshold; determining whether the pulse input signal satisfies a first down count criterion; after the pulse input signal is determined as satisfying the first down count criterion, initializing a down counter; determining whether the down counter satisfies a second down count criterion; after the down counter is determined as satisfying the second down count criterion, decreasing the down counter; determining whether the down counter satisfies a pulse detection criterion; and after the down counter is determined as satisfying the pulse detection criterion, outputting a pulse output signal indicative of detection of a pulse.
Claim 12 of 12160706 B2
A pulse detector, wherein the pulse detector is configured to: obtain a pulse input signal; determine whether the pulse input signal satisfies a first rising criterion; after the pulse input signal is determined as satisfying the first rising criterion, increase the threshold; determine whether the pulse input signal satisfies a first down count criterion; after the pulse input signal is determined as satisfying the first down count criterion, initialize a down counter; determine whether the down counter satisfies a second down count criterion; after the down counter is determined as satisfying the second down count criterion, decrease the down counter; determine whether the down counter satisfies a pulse detection criterion; and after the down counter is determined as satisfying the pulse detection criterion, output a pulse output signal indicative of a detection of a pulse.
Claims 1, 8-12 & 19-22 of application 18/788,716 (hereinafter referred to as ‘716) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 12 of U.S. Patent No. 12160706 B2 (hereinafter referred to as ‘706), in view of Zakarauskas et al, US Patent 9437213 B2, and further in view of Majdak et al, WO 2008155123 A1.
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘716 claims 1, 8-12 & 19-22 are broader recitations of ‘706 claims 1 & 12; but fails to disclose wherein the first pulse parameter is a pulse period, or a confidence level indicative of a likelihood of a pulse input signal being a periodic or semi-periodic pulse signal and a speech synthesizer, wherein the speech synthesizer comprises a filterbank configured to provide a filterbank output; and wherein the speech synehtsizer is configured to provision the speech signal based on the filterbank output. Zakarauskas et al discloses a system that teaches the concept of detecting periodic pulses from an incoming audio signal (Zakarauskas et al, fig. 3: metric calculator 302; fig. 2; col. 4, lines 47-58: periodicity/non periodicity periods; col. 5, lines 26-37: periodicity of the pulses is read as the pulse parameter, where the periodicity is determined for subsequent frequency subbands; col. 10, lines 44-54: voice period estimate can be derived from the glottal pulse interval estimator 208. Also, the abstract discloses the system aiming to identifying glottal pulses of detected incoming audio signal in order to enhance speech intelligibility) and carrying out speech synthesizing on the detected periodic pulses by utilizing filterbanks (Zakarauskas et al, col. 8, lines 11-14: bank(set) of filters). It would have been obvious to modify the ‘706 claims 1 & 12 such that it includes detecting periodic pulses and using filter banks to carry out speech synthesizing of the periodic pulse detected signal as taught in Zakarauskas et al for the purpose of synthesizing the periodic pulses of detected signals.
Majdak et al teaches the concept of detected pulses, where determination of the confidence levels of the pulses are also determined (Majdak et al, fig. 6; para 0061: confidence intervals). It would have been obvious to modify the ‘706 claims 1 & 12 system such that it includes confidence intervals as taught in Majdak et al for the purpose of determining the validity of the detected pulses.
Claim 1 of 18/788,716
A hearing device comprising: a pulse detector configured to determine one or more pulse parameters including a first pulse parameter; a speech synthesizer coupled to the pulse detector for provision of a speech signal based on the first pulse parameter; a processor configured to process the speech signal for provision of an electrical output signal; and a receiver configured to provide an audio output signal based on the electrical output signal; wherein the first pulse parameter is a pulse period, or a confidence level indicative of a likelihood of a pulse input signal being a periodic or semi-periodic pulse signal.
Claim 8 of 18/788,716
The hearing device according to claim 1, wherein the pulse detector is configured to: determine if the pulse input signal satisfies a first rising criterion; and increase a threshold if the pulse input signal satisfies the first rising criterion.
Claim 9 of 18/788,716
The hearing device according to claim 1, wherein the pulse detector is configured to: determine if the pulse input signal satisfies a first down count criterion; and initialize a down counter if the pulse input signal satisfies the first down count criterion.
Claim 10 of 18/788,716
The hearing device according to claim 9, wherein the pulse detector is configured to: determine if the down counter satisfies a second down count criterion; and decrease the down counter if the down counter satisfies the second down count criterion.
Claim 11 of 18/788,716
The hearing device according to claim 9, wherein the pulse detector is configured to: determine if the down counter satisfies a pulse detection criterion; and determine the first pulse parameter based on a pulse timer if the down counter satisfies the pulse detection criterion.
Claim 12 of 18/788,716
A hearing device comprising: a pulse detector configured to determine one or more pulse parameters including a first pulse parameter; a speech synthesizer coupled to the pulse detector for provision of a speech signal based on the first pulse parameter; a processor configured to process the speech signal for provision of an electrical output signal; and a receiver configured to provide an audio output signal based on the electrical output signal; wherein the speech synthesizer comprises a filterbank configured to provide a filterbank output; and wherein the speech synehtsizer is configured to provision the speech signal based on the filterbank output.
Claim 19 of 18/788,716
The hearing device according to claim 12, wherein the pulse detector is configured to: determine if a pulse input signal satisfies a first rising criterion; and increase a threshold if the pulse input signal satisfies the first rising criterion.
Claim 20 of 18/788,716
The hearing device according to claim 12, wherein the pulse detector is configured to: determine if a pulse input signal satisfies a first down count criterion; and initialize a down counter if the pulse input signal satisfies the first down count criterion.
Claim 21 of 18/788,716
The hearing device according to claim 20, wherein the pulse detector is configured to: determine if the down counter satisfies a second down count criterion; and decrease the down counter if the down counter satisfies the second down count criterion.
Claim 22 of 18/788,716
The hearing device according to claim 20, wherein the pulse detector is configured to: determine if the down counter satisfies a pulse detection criterion; and determine the first pulse parameter based on a pulse timer if the down counter satisfies the pulse detection criterion.
Claim 1 of 12148414 B2
A method performed by a hearing device, comprising: obtaining a pulse input signal; determining one or more pulse parameters including a first pulse parameter after the pulse input signal is obtained; synthesizing a speech signal based on the first pulse parameter; processing the speech signal for provision of an electrical output signal; and converting the electrical output signal to an audio output signal; wherein the act of determining the one or more pulse parameters comprises: determining if the pulse input signal satisfies a first rising criterion; in accordance with the pulse input signal satisfying the first rising criterion, increasing a threshold; determining if the pulse input signal satisfies a first down count criterion; in accordance with the pulse input signal satisfying the first down count criterion, initializing a down counter; determining if the down counter satisfies a second down count criterion; in accordance with the down counter satisfying the second down count criterion, decreasing the down counter; determining if the down counter satisfies a pulse detection criterion; and in accordance with the down counter satisfying the pulse detection criterion, determining the first pulse parameter based on a pulse timer.
Claim 7 of 12148414 B2
A hearing device comprising: a pulse detector configured to determine one or more pulse parameters including a first pulse parameter; a speech synthesizer coupled to the pulse detector for provision of a speech signal based on the first pulse parameter; a processor for processing the speech signal for provision of an electrical output signal; and a receiver for converting the electrical output signal to an audio output signal; wherein the pulse detector is configured to determine the one or more pulse parameters by: determining if a pulse input signal satisfies a first rising criterion; in accordance with the input signal satisfying the first rising criterion, increasing a threshold; determining if the pulse input signal satisfies a first down count criterion; in accordance with the pulse input signal satisfying the first down count criterion, initializing a down counter; determining if the down counter satisfies a second down count criterion; in accordance with the down counter satisfying the second down count criterion, decreasing the down counter; determining if the down counter satisfies a pulse detection criterion; and in accordance with the down counter satisfying the pulse detection criterion, determining the first pulse parameter based on a pulse timer.
Claims 1, 8-12 & 19-22 of application 18/788,716 (hereinafter referred to as ‘716) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 7 of U.S. Patent No. 12148414 B2 (hereinafter referred to as ‘414). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘716 claims 1, 8-12 & 19-22 are broader recitations of ‘414 claims 1 & 7. Therefore, ‘414 claims 1 & 7 are encompassed by ‘716 claims 1, 8-12 & 19-22.
Claims 1-24 would be allowable once double patenting rejection is overcome.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 07/28/2026
Prosecution Insights