DETAILED ACTION
This Office action is responsive to communications filed on 08/28/2026. Claims 1, 4, 6, 11, 12, 13, 14, 15, 21, 22, 26 have been amended. Claims 7, 16-17, 19, 23, 25, & 28-33 are canceled. Claims 34-39 are newly added. Presently, Claims 1-6, 8-15, 18, 20-22, 24, 25-27, 34-39 remain pending and are hereinafter examined on the merits.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/28/2026 has been entered.
Examiner Notes
The Applicant arguments and Remarks filed on 08/28/2026 was submitted by an attorney, Martin J. Cosenza, who is not the Applicant’s appointed Power of Attorney or an Agent of the Record on file in the present application. Proper and corrective action is needed.
Response to Arguments
Previous claim objections are withdrawn in view of the amendments filed on 08/28/2026.
Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 08/28/2026.
Note; the Applicant provides no arguments in the response filed on 08/28/2026 and does not address the response filed in the Advisory Action filed on 05/06/2026.
Accordingly, in order to execute prosecution the following responses are provided:
Previous rejections under 35 USC § 112(a) for Claim 11 is NOT withdrawn in view of the amendments filed on 08/28/2026.
Claim 11, the limitations of “code for analyzing first data based on data captured by a light sensor and/or sonic sensor and/or radio wave sensor; and code for quantitatively and/or qualitatively identifying a device performance impacting feature of an environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located based on the analysis of the first data.” is a computer/processor-implemented functional claim limitation as it is directed to a processor controlled computer program code to analyze the sensor data, and based on the analyzed sensor data identify a device performance impacting feature of an environment. Yet the specification does not disclose the computer and the algorithm (e.g., the necessary steps and/or flowcharts) that perform the claimed functions, i.e., how is the sensor data analyzed, what kind of features are extracted that would correlate with the environment, and how does that correlation be converted to an impact feature either quantitatively or qualitatively, in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claimed subject matter at the time of filing.
Examiner would like to point out that, either the light sensor, the sonic sensor or the radio wave sensor, each along detects distinct features of the environment, and each detection would be impacted at different levels by different environmental changes or settings. For example, the light sensor is likely prone to a brightness change but not to any sound setting, while the sonic sensor would be sensitive to any acoustic change but insensitive to whether it is dart or bright...etc). Not to mention that the claim recites all possible combinations of the three types of sensors (the three types of sensors are connected with conjunction words and/or). Given the complexity of the sensor system, it is necessary to disclose the algorithm in regard to how the data is analyzed, for example, how would the data be analyzed if the data is sensing data from all three sensors combined). For the similar reason, it is necessary to disclose the algorithm in regard to how the performance impacting feature is identified. Further, as the feature refers to "a device performance impacting feature" (i.e., how and to what degree the performance of the device is impacted), depending on what combination of the sensors is used, i.e., what type of sensor data is acquired and analyzed, the type of impact and the degree of impact to the performance of the device would be totally different. It is thus necessary to disclose the algorithm to address how the impact feature is identified quantitatively or qualitative.
It is not enough to disclose that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015). As the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill in the art that the inventor possessed the invention, these claims are rejected for lack of written description. For more information regarding the written description requirement, see MPEP §§ 2161, 2162-2163.07(b).
Consequently, one of ordinary skill in the art would not deem the instant specification having sufficient detail so that they could understand how the inventor intended to achieve the aforementioned steps. Since the instant specification fails to provide sufficient written description the aforementioned claim fails to meet the written description requirement under 35 U.S.C. 112(a).
Accordingly, the 35 USC § 112(a) for Claim 11 is maintained.
The Applicant’s arguments with respect to rejections under 35 USC § 101 have been fully, considered, but are not persuasive.
The Examiner directs the Applicant’s attention provided in the Office Action regarding the grounds for rejection of the claims under 35 U.S.C. 101 in view of the amendments filed on 08/28/2026. Specifically, the Examiner response is set forth in the rejection under 35 U.S.C. 101 below.
The Applicant’s arguments with respect to rejections under 35 USC § 102 & 103 have been fully, considered, but are not persuasive.
Finally, the arguments traversing the anticipation and obviousness rejection fail because they do not substantially address the prior art finding detailed in the Office Action filed on 01/09/2026. In fact, the response filed on 03/09/2026 repeats the same arguments filed on 12/15/2025 under 35 USC §§ 102 & 103. For the purposes of the record, the Applicant has not provided any substantive argument regarding the 35 USC §§ 102 & 103. Accordingly, broad assertions about the level of skill in the art, or generic citations to anticipation standards does not constitute as a valid traversal. The Applicant does not identify how the cited references fail to teach or suggest the specific claim limitations. Because the Applicant’s response lacks factual support or technical analysis distinguishing the claimed invention from the prior art mapping, the rejections under 35 USC §§ 102 and 103 are maintained.
Examiners Notes
(A)
Applicant is reminded of manner of making amendment in application according to 37 C.F.C. 1.121.(c). Amendments to claims filed on 08/28/2026 (specifically, claim 4, 22) does not show each amendment added/removed.
[CLAIM 4]
Claims filed on 03/09/2026, Claim 4:
“The system of system claim 1, wherein: the system includes the light sensor and the received input is based on the light captured by the light sensor.”
Claims filed on 08/28/2026, Claim 4:
“The system of system claim 2, wherein:
the system includes a laser output device; and
the system includes the light sensor and the received input is based on reflected light of the laser output device captured by the light sensor.”
The claim amendments do not show the proper markings. The Claim amendment should have shown the following for Claim 4:
“The system of claim 2, wherein:
the system includes a laser output device; and
the system includes the light sensor and the received input is based on [[the]] reflected light of the laser output device captured by the light sensor.”
The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived; See MPEP 714,II,C,(A).
[CLAIM 22]
Claims filed on 03/09/2026, Claim 22:
“The method of claim 21, wherein the method includes the identifying the action to improve efficacy of the prosthesis based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the prosthesis based on the obtained first data.”
Claims filed on 08/28/2026, Claim 22:
“The method of claim 21, wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data.”
The claim amendments do not show the proper markings. The Claim amendment should have shown the following for Claim 22:
“The method of claim 21, wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data.”
Applicant is reminded, the text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived; See MPEP 714,II,C,(A).
(B)
The claim status in the claim set filed on 08/28/2026 appear to be correct. Examiner notes the following correct claim status.
[CLAIM 6]
Claims filed on 03/09/2026, Claim 6:
“6. (Currently Amended) The system of claim 1, wherein:
the processor is configured to develop second data indicative of a two-dimensional and/or a three-dimensional digital model of the area and/or volume, respectively, proximate the respective sensor; and
the processor is configured to develop the data usable to control the sensory device based on the second data.”
Claims filed on 08/28/2026, Claim 6:
“6. (Currently Amended) The system of claim 1, wherein:
the processor is configured to develop second data indicative of a two-dimensional and/or a three-dimensional digital model of the area and/or volume, respectively, proximate the respective sensor; and
the processor is configured to develop the data usable to control the sensory device based on the second data.”
The claims filed on 03/09/2026 & 08/28/2026 recite the same amendment. The Claim 6 is not currently amended in the claims filed on 08/28/2026. Similarly, the same applies substantially to claim 12-15 regarding “ the environment”.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Element 322 in FIG. 6, Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The use of the term, “Bluetooth” at ¶0055 a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
In addition, the disclosure is objected to because of the following informalities and should recite:
¶0047, “FIG. [[2]]3A”. There is no FIG. 2A.
¶0056, “1458EX”.
¶0057, “sensor-simulator 10801”.
¶0058, “[[0]]10601”. Note; FIG. 4 shows 10601.
¶0065, “the distal portion of the electrode assembly 1188 includes a plurality of leads 510 that branch out away from the main body of the electrode assembly 1188 to electrodes 520”.
¶0068, ‘(corresponding to the external coil referenced above with respect to FIGS. [[2]]3A and [[2]]3B).’. There is no FIG. 2A or FIG. 2B.
¶0089, “LiDAR device 24[[1]]01”.
¶0141, “analyzing [[data]]the obtained data
¶0177, “FIG. 16[[00]]”. The Drawings filed on 10/11/2024 does not contain 1600 Figures.
¶0183, “1850”.
Appropriate correction is required.
Claim Objections
The following claims are objected to because of the following informalities and should recite:
Claim 4: line 1, “The system of
Claim 6: line 4: “[[the]]an area and/or volume”.
Claim 13: line 5, “the device [[the]] performance”.
Claim 14: lines 2-3, “the device [[the]] performance”.
Claim 18:
line 3-4, “identifying the device performance impacting feature uses the determined 3D field to identify the device performance impacting feature. “
Claim 24:
line 4, “
line 5, “utilizing at least one hearing prosthesis, wherein the captured sound and/or light is captured in a manner at least partially based on the identified action, wherein the sensory deficiency assistance device is the hearing prosthesis.”
These claim objections are issued to avoid potential indefinite issues.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-15, 18, 20, and 35 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 recites:
“code for analyzing first data based on data captured by a light sensor and/or sonic sensor and/or radio wave sensor; and
code for quantitatively and/or qualitatively identifying a device performance impacting feature of an environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located based on the analysis of the first data.”
An algorithm is defined, for example, as "a finite sequence of steps for solving a logical or mathematical problem or performing a task." Microsoft Computer Dictionary (5th ed., 2002). Applicant may "express that algorithm in any understandable terms including as a mathematical formula, in prose, or as a flow chart, or in any other manner that provides sufficient structure." Finisar Corp. v. DirecTV Grp., Inc., 523 F.3d 1323, 1340 (Fed. Cir. 2008) (internal citation omitted). This can occur when the algorithm or steps/procedure for performing the computer function are not explained at all or are not explained in sufficient detail (simply restating the function recited in the claim is not necessarily sufficient). In other words, the algorithm or steps/procedure taken to perform the function must be described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed. It is not enough that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015), see MPEP § 2161(I).
Specifically, for Claim 11, the limitations of “code for analyzing first data based on data captured by a light sensor and/or sonic sensor and/or radio wave sensor; and code for quantitatively and/or qualitatively identifying a device performance impacting feature of an environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located based on the analysis of the first data.” is a computer/processor-implemented functional claim limitation as it is directed to a processor controlled computer program code to analyze the sensor data, and based on the analyzed sensor data identify a device performance impacting feature of an environment. Yet the specification does not disclose the computer and the algorithm (e.g., the necessary steps and/or flowcharts) that perform the claimed functions, i.e., how is the sensor data analyzed, what kind of features are extracted that would correlate with the environment, and how does that correlation be converted to an impact feature either quantitatively or qualitatively, in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claimed subject matter at the time of filing.
Examiner would like to point out that, either the light sensor, the sonic sensor or the radio wave sensor, each along detects distinct features of the environment, and each detection would be impacted at different levels by different environmental changes or settings. For example, the light sensor is likely prone to a brightness change but not to any sound setting, while the sonic sensor would be sensitive to any acoustic change but insensitive to whether it is dart or bright...etc). Not to mention that the claim recites all possible combinations of the three types of sensors (the three types of sensors are connected with conjunction words and/or). Given the complexity of the sensor system, it is necessary to disclose the algorithm in regard to how the data is analyzed, for example, how would the data be analyzed if the data is sensing data from all three sensors combined). For the similar reason, it is necessary to disclose the algorithm in regard to how the performance impacting feature is identified. Further, as the feature refers to "a device performance impacting feature" (i.e., how and to what degree the performance of the device is impacted), depending on what combination of the sensors is used, i.e., what type of sensor data is acquired and analyzed, the type of impact and the degree of impact to the performance of the device would be totally different. It is thus necessary to disclose the algorithm to address how the impact feature is identified quantitatively or qualitative.
It is not enough to disclose that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015). As the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill in the art that the inventor possessed the invention, these claims are rejected for lack of written description. For more information regarding the written description requirement, see MPEP §§ 2161, 2162-2163.07(b).
Consequently, one of ordinary skill in the art would not deem the instant specification having sufficient detail so that they could understand how the inventor intended to achieve the aforementioned steps. Since the instant specification fails to provide sufficient written description the aforementioned claim fails to meet the written description requirement under 35 U.S.C. 112(a).
Claim 35 recites:
“only one sensory deficiency assistance device”
Regarding claim 35, the specification and/or diagrams do not disclose only one hearing prosthesis. This element “only” is considered a negative limitation and has to be positively recited in the specification with respect to the one hearing prosthesis for it to be recited in the claims. The mere absence of a positive recitation is not basis for an exclusion. See MPEP 2173.05(i). “Any negative limitation or exclusionary provision must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims. See In re Johnson, 558 F.2d 1008, 1019, 194 USPQ 187, 196 (CCPA 1977)”.
Dependent claims are rejected by virtue of their dependency to abovementioned claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6, 8-15, 18, 20-22, 24, 25-27, 34-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 of the subject matter eligibility test (see MPEP 2106.03).
Claims 1-6, 8-10, and 34 is directed to an “system” which describes one of the four statutory categories of patentable subject matter, i.e., a machine.
Claims 11-15, 18, 20, and 39 are drawn to a “non-transitory computer-readable medium” which describes one of the four statutory categories, i.e., a manufacture.
Claim 21-22, 24, 26-27, 35-38 is directed to a “method” which describes one of the four statutory categories of patentable subject matter, i.e., a process.
Step 2A of the subject matter eligibility test (see MPEP 2106.04).
Prong One:
Claims 1 recite (“sets forth” or “describes”) the abstract idea of “a mental process” (MPEP 2106.04(a)(2).III.), substantially as follows:
“analyze the received input to: develop a data usable to control a sensory device based on the received input.”
Claim 11 recite (“sets forth” or “describes”) the abstract idea of “a mental process” (MPEP 2106.04(a)(2).III.), substantially as follows:
“ [...] analyzing first data based on data captured by a light sensor and/or sonic sensor and/or radio wave sensor; and
[...] quantitatively and/or qualitatively identifying a device performance impacting feature of an environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located based on the analysis of the first data.”
Claim 21 recite (“sets forth” or “describes”) the abstract idea of “a mental process” (MPEP 2106.04(a)(2).III.), substantially as follows:
“ at least one of:
identifying an action to improve efficacy of a sensory deficiency assistance device based on the obtained first data;
or
developing a sensory habilitation and/or rehabilitation tool and/or engaging in a sensory habilitation and/or rehabilitation program based on the obtained first data.”
For each claim (1, 11, 21), the above recited steps can be practically performed in the human mind. For claim 1, the indicated limitations recite a mental process because a person can review the data representing sensed conditions, mentally evaluate that information using observation and judgement, and formulate information indicating how a sensory device should be controlled. Thus, the claimed analysis and development of control usable data can be practically performed in the human mind. For claim 11, the indicated limitations recite a mental process because a person can review the captured data information, mentally access characteristics or patterns represented by that data information, and identify a feature of the surrounding environment that may affect device performance. Such evaluation and identification can practically be performed through human observation, comparison, and judgement. For claim 21, the indicated limitations recite a mental process to the extent they require determining, based on obtained information, an action that may improve efficacy or formulating a habilitation or rehabilitation approach. A person can mentally consider the obtained information and, through judgement and reasoning, determine an appropriate corrective action or device an appropriate habilitation or rehabilitation plan. There is nothing recited in the claim to suggest an undue level of complexity in how any of these identified steps are conducted. Therefore, a person would be able to perform these aforementioned steps mentally.
Prong Two: Claims (1, 11, 21) do not include additional elements that integrate the mental process into a practical application.
This judicial exception is not integrated into a practical application. In particular, the claims recites (1) additional steps of
“a light sensor and/or a sonic sensor and/or a radio wave sensor; and a processor configured to receive input based on light and/or sonic frequency reflection and/or radio wave reflection captured by, respectively,” (claim 1); (2) an additional step of a non-transitory computer readable medium having recorded thereon, a computer program for executing at least a portion of a method, the computer program including: code (claim 11); and (3) further an additional step of obtaining first data based on captured light and/or sonic energy and/or radio frequency energy captured during a first temporal period utilizing an electronic device during the first temporal period; (claim 21).
The steps in (1-3) represent merely data gathering or pre-solution activities that are necessary for use of the recited judicial exception and are recited at a high level of generality with conventionally used tools (see below Step IIB for further details). Data gathering and mere instructions to implement an abstract idea on a computer do not integrate a judicial exception into a practical application (MPEP 2106.05 (f and g)). Regarding the processor language written at such a high level of generality of structural limitations, the processor language amounts to a generic computer component with mere instructions to implement the abstract idea on a computer. Furthermore, theses steps (1-3) amount to nothing more that pre-solution activity of data gathering is recited at a high level of generality.
As a whole, the additional elements merely serve to gather and feed information to the abstract idea and to output a notification based on the abstract idea, while generically implementing it on conventionally used tools. There is no practical application because the abstract idea is not applied, relied on, or used in a meaningful way. No improvement to the technology is evident, and the estimated information is not outputted in any way such that a practical benefit is realized. Therefore, the additional elements, alone or in combination, do not integrate the abstract idea into a practical application.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Further, there is no evidence of record that would support the assertion that this step is an improvement to a computer or technological solution to a technological problem. Ultimately, the Applicant’s describe improvement in the process of using captured light data, but this is not an improvement in the function of a computer or other technology (See MPEP 2106.05(a)(ii); “the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology”; See MPEP 2106.04(d)(1); 2106.05(a); and 2106.05(f)). The claims are directed to the abstract idea. Also, there does not appear to be any particular structure or machine, treatment or prophylaxis, transformation, or any other meaningful application that would render the claim eligible at step 2A, prong 2.
Step 2B of the subject matter eligibility test (see MPEP 2106.05).
Claims (1, 11, 21) do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the claims recite additional steps receiving input based on light/sonic frequency/radio wave, code for analyzing, and obtaining first data based on captured light/sonic energy/radio frequency during a first temporal period. These steps represents mere data gathering, data outputting or pre/post/extra-solution activities that are necessary for use of the recited judicial exception and are recited at a high level of generality. Furthermore, as discussed above, limitations with respect to the processor languages/terms, respectively, amount to mere instructions to implement the abstract idea on a computer. As discussed with respect to Step 2A Prong Two, the additional elements in the claims amount to no more than insignificant extra solution activity and mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B and does not provide an inventive concept. The data gathering steps that were considered insignificant extra-solution activity in Step 2A Prong Two, have been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field.
As an evidence, Tzvieli et al (US 2018/0094982 A1) discloses:
¶0293: ‘It is to be noted that there are various approaches known in the art for identifying facial expressions from images. While many of these approaches were originally designed for full-face frontal images, those skilled in the art will recognize that algorithms designed for full-face frontal images may be easily adapted to be used with images obtained using the inward-facing head-mounted visible-light cameras disclosed herein. For example, the various machine learning techniques described in prior art references may be applied to feature values extracted from images that include portions of the face from orientations that are not directly in front of the user. Furthermore, due to the closeness of the visible-light cameras to the face, facial features are typically larger in images obtained by the systems described herein.’
As an evidence, Fischell et al (US 6,061,593) discloses:
[Col 24 l.4-19], ‘wireless signals 72 can sent to and from the RF transmitter/receiver pair 610 and 620 of the data communication sub-system 60 and the RF transmitter/receiver pair 710 and 720 of the external data interface 70. The wireless signals 72 are used to command software updates via the link 612 through the serial-to-parallel data converter 614 and the link 56 to the central processor 51. The wireless signals 72 are also used to send stored data back through the link 57 through the parallel-to-serial data converter 624 through the link 622 to the RF transmitter 620. RF transceiver circuitry and antennas similar to this are used in data communication with heart pacemakers and defibrillators, and therefore, this technology is well known in the art of implantable programmable device’
As an evidence, Fenton et al (US 9,161,113 discloses:
[Col 8 l.17-24], ‘It is understood that interconnection, amplification, processing and retransmission of the electrical analog signal(s) 20 from the transparent lens microphone 10 (or lenses) can use methods and devices known to those skilled in the art. Retransmission of the electrical analog signal(s) 20 can utilize WiFi, Bluetooth, magnetic loop, infra red, ultra sonic, and the like to deliver to various receiving devices including, but not limited to, earpieces, hearing aids and smart phones.’
As an evidence, Robinson (US 2024/0156833 A1) discloses:
¶0090, ‘any form of device known that is capable of generating sonic energy in response to signals generated by audio processor and can also include any other audio communications and other support components known to those skilled in the audio communications arts. Audio processor can be adapted to receive signals from the computer and to convert these signals, if necessary, into signals that can cause audio emission device to generate sound and/or other forms of sonic energy such as ultrasonic carrier waves for directional sonic energy. It will be appreciated that any or all of audio capture device, audio emission device, audio processor or computer can be used alone or in combination to provide enhancements of captured audio signals or emitted audio signals, including amplification, filtering, modulation or any other known enhancements.’
For these reasons, there is no inventive concept. The claim is not patent eligible. Even when viewed as a whole, nothing in the claim adds significantly more to the abstract idea.
Dependent Claims
The following dependent claims merely further define the abstract idea and are, therefore, directed to reciting an abstract idea for similar reasons and therefore are not eligible:
Defining at Claim 26. further comprising: developing the sensory habilitation and/or rehabilitation tool based on the obtained first data.
Defining at Claim 34. wherein: the processor is configured to develop second data indicative of distance of objects proximate the system; and the processor is configured to develop the data to control the prosthesis based on the second data.
The following dependent claims merely further describe the extra-solution activities and therefore, do not amount to significantly more than the judicial exception or integrate the abstract idea into a practical application for similar reasons and therefore are not eligible:
Defining at Claim 2. wherein: the system includes the sensory device, and the developed data controls an aspect of the sensory device. The data gathering steps and post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 3. wherein: the sensory device is a hearing prosthesis. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 4. wherein: the system includes a laser output device; and the system includes the light sensor and the received input is based on reflected light of the laser output device captured by the light sensor. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 5. wherein: the light sensor is part of a light imaging detection and ranging (LiDAR) sub-system that is part of the system; the processor is configured to develop beamforming data based on the received input; and the processor is configured to develop the data to control the sensory device based on the beamforming data to implement a beamforming algorithm. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 6. wherein: the processor is configured to develop second data indicative of a two-dimensional and/or a three-dimensional digital model of the area and/or volume, respectively, proximate the respective sensor; and the processor is configured to develop the data usable to control the sensory device based on the second data. The data gathering steps and pre- & post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 8. wherein: the system is configured to perform an alarm function to warn a recipient of the sensory device based on object detection based on the received input. The data gathering steps and post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 9. wherein: the developed data is a control signal; and the system includes the sensory device, circuitry of the sensory device being in signal communication with a component of the system that generates the control signal. The data gathering steps and post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 10. wherein: the sensory device is a vestibular balance prosthesis, wherein the vestibular balance prosthesis includes light imaging detection and ranging (LiDAR) capable light capture devices. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 12. wherein: the device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located is a distance to an object in the environment from the light sensor and/or the sonic sensor and/or the radio wave sensor and/or a sensor of a device or another sensor of a system of which the device is a part. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 13. wherein: the device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located is an angle to an object in the environment from the light sensor and/or the sonic sensor and/or the radio wave sensor and/or a sensor of the device the performance of which is impacted or another sensor of a system of which the device the performance of which is impacted is a part. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 14. wherein: the device the performance of which is impacted is a sensory prothesis, and the device the performance of which is impacted includes code to accommodate the device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located by way of a real-time adjustment to the sensory prosthesis during use of the sensory prosthesis. The data gathering steps and pre/post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 15. further comprising: code for automatically controlling the device based on the identified device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located. The data gathering steps and post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 18. further comprising: code for determining a three-dimensional (3D) field in which the respective sensor is located, wherein the code for identifying the feature uses the determined 3D field to identify the feature. The data gathering steps and pre/post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 20. wherein: the computer program is a dual purpose hearing habilitation and/or rehabilitation program and a real time hearing perception improvement program, wherein the device is a sensory prosthesis. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 22. wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data. The data gathering steps and post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 24. further comprising: capturing sound and/or light during the first temporal period and/or during a second temporal period subsequent the first temporal period but where the first temporal period and the second temporal period are sufficiently close that the first and second temporal periods can be considered real time or near real time, utilizing at least one hearing prosthesis, wherein the captured sound and/or light is captured in a manner at least partially based on the identified action. The data gathering steps and pre & post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 27. further comprising: developing the sensory habilitation and/or rehabilitation tool based on the obtained first data, wherein the sensory habilitation and/or rehabilitation tool includes a virtual reality component using images developed from the obtained first data. The data gathering steps of the virtual reality component using images developed from the obtained first data amounts to post-solution activity and conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 35. further comprising: capturing sound and/or light during the first temporal period and/or during a second temporal period subsequent the first temporal period utilizing only one sensory deficiency assistance device, the only one sensory deficiency assistance device being the sensory deficiency assistance device the efficacy of which is improved based on the obtained first data, the only one sensory deficiency assistance device being a hearing deficiency assistance device; and evoking a sensory percept based on the captured sound and/or light at least partially based on the identified action. The data gathering steps and pre & post-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 36. wherein: the sensory deficiency assistance device is a hearing prosthesis. The data gathering steps and pre-solution activity are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 37. wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data, is directed to the abstract idea while wherein the sensory deficiency assistance device is a prosthesis is directed to The data gathering steps, which are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 38. wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound by a recipient of the sensory deficiency assistance device based on the obtained first data, is directed to the abstract idea, wherein the sensory deficiency assistance device is a hearing prosthesis is directed to The data gathering steps, which are conventional and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Defining at Claim 39. wherein the device is a sensory prosthesis, and wherein the medium further comprises: code for adjusting a hearing habilitation and/or rehabilitation regime for a particular recipient of a sensory supplement prosthesis based on the identified device performance impacting feature; and code for real time adjustment of the sensory prosthesis based on the identified device performance impacting feature. Directed to post-solution activity and recited at high level of generality. As such, the abstract idea is not applied, relied on, or used in a meaningful way. No improved to the technology is evident, and the determined visualization of context is not outputted in any way such that the practical benefit is realized.
Taken alone and in combination, the additional elements do not integrate the judicial exception into a practical application at least because the abstract idea is not applied, relied on, or used in a meaningful way. They also do not add anything significantly more than the abstract idea. Their collective functions merely provide computer/electronic implementation and processing, and no additional elements beyond those of the abstract idea. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually. There is no indication that the combination of elements improves the functioning of a computer, output device, improves technology other than the technical field of the claimed invention, etc. Therefore, the claims are rejected as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 1-3, 6, 8-9, 11-15, 18, 20-22, 24, 26-27, & 34-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al (US 2016/0183014 A1).
Claim 1: Gou discloses, A system, (¶Abstract – hearing device) comprising:
a light sensor and/or a sonic sensor and/or a radio wave sensor; and
-Under the broadest reasonable interpretation, the use of “and/or” means that the system is only required to have at least one of these types of sensors, though it may contain two or all three.
-Guo teaches all three types of sensors, any of which independently satisfy the limitation of, “a light sensor and/or a sonic sensor and/or a radio wave sensor;”.
-Regarding the light sensor, Guo teaches an “image captured device, ¶0008 or a 3D camera, ¶0025, Claim 9, in communication with a processor, ¶0008 & ¶0065. The image capture device is disclosed as being sensitive to “visual light, infrared radiation, ultraviolet radiation, or any other suitable radiation.”-¶0008. Under the broadest reasonable interpretation, an image capture device or camera sensitive to visual, infrared, or ultraviolet light constitutes a light sensor.
-Regarding the sonic sensor, Guo teaches an input transducer, ¶0005, ¶0062, such as a multiple “input microphones,”, ¶0056-0057 configured to receive “acoustical waves” or sound signals from the surroundings, ¶0005, ¶0025, ¶0056-0057. Under the broadest reasonable interpretation, an acoustic input microphone is a sonic sensor.
-Regarding the radio wave sensor, Guo teaches that the system may include a GPS device, ¶0038, which receives GPS radio signals. Under the broadest reasonable interpretation a GPS receiver represents a radio wave sensor as it captures radio wave signals.
a processor configured to receive input based on light and/or sonic frequency reflection and/or radio wave reflection captured by, respectively, the light sensor and/or the sonic sensor and/or the radio wave sensor, and analyze the received input to:
-Under the broadest reasonable interpretation, the use of “and/or” means that the system is only required to have at least one of these types of sensors, though it may contain two or all three. Accordingly, the processor must be configured to receive and analyze input from at least one of these sensors I.e., input based on light reflection captured by the light sensor (i.e., camera) and/or input based on sonic frequency reflection captured by the sonic sensor (microphone), and/or, input based on radio wave information captured by the radio wave sensor (GPS receiver).
-Guo discloses, that the image capture device (i.e., the light sensor) captures images of the surrounding, which relies on capturing ambient light reflected off environment objects, such as “obstacle, such as wall, person, kerb, lamppost, etc”, ¶0031, see also ¶0034. Furthermore, Guo teaches, a “3D camera” that receives “electromagnetic waves, both visible light and IR light, which then could be processed and turned into positioning information about the surroundings.”, ¶0025, see also ¶0008, & claim 1.
-Guo discloses, that the acoustic input transducer (i.e., the sonic sensor) receivers acoustic waves, ¶0025. Guo discloses, that the accuracy of the microphones varies based on reverberation, ¶0025. Under the broadest reasonable interpretation, reverberation represents the collection of sonic frequencies in the environment. The sonic sensor captures these waves, and the processor processes them, ¶0025, ¶0062.
develop a data usable to control a sensory device based on the received input.
-Guo discloses that the hearing device can include, “a vibrational device providing vibrational feedback to the user. This vibration signal may then be used as a warning signal to the user, e.g. the amplitude and/or frequency of the signal could provide the user with information on the distance to an object”. ¶0035. This constitutes as a sensory device under the broadest reasonable interpretation because it delivers haptic/tactile stimuli to the user’s sense of touch, ¶0035-0036. The processor analyzes these images from the image capture device to detect if an object or obstacle is near the user, ¶0033. The processor then develops distance and directional data used to control the vibrational device, by controlling the vibration signals, (i.e., amplitude and/or frequency), ¶0035, to provide the user with information on the distance of an object, such as a weak vibration signal for long distances and a strong vibration signal for short distances, ¶0035. “If the object or obstacle appears to the right, the right hearing aid should vibrate to indicate to the wearer to slightly turn left, and vice versa. If the object is right in front of the wearer, both hearing aids could vibrate synchronously. If the wearer is approaching objects on both sides, the hearing aids could vibrate asynchronously.”-¶0035. Generating distance intensity data and directional trigger signals are “data usable to control a sensory device” based on the received light sensor input.
Claim 2: Guo discloses all the elements above in claim 1, Guo discloses, wherein: the system includes the sensory device, and the developed data controls an aspect of the sensory device.
-Guo discloses that the hearing device can include, “a vibrational device providing vibrational feedback to the user. This vibration signal may then be used as a warning signal to the user, e.g. the amplitude and/or frequency of the signal could provide the user with information on the distance to an object”. ¶0035. This constitutes as a sensory device under the broadest reasonable interpretation because it delivers haptic/tactile stimuli to the user’s sense of touch, ¶0035-0036. The processor analyzes these images from the image capture device to detect if an object or obstacle is near the user, ¶0033. The processor then develops distance and directional data used to control the vibrational device, by controlling the vibration signals, (i.e., amplitude and/or frequency), ¶0035, to provide the user with information on the distance of an object, such as a weak vibration signal for long distances and a strong vibration signal for short distances, ¶0035. “If the object or obstacle appears to the right, the right hearing aid should vibrate to indicate to the wearer to slightly turn left, and vice versa. If the object is right in front of the wearer, both hearing aids could vibrate synchronously. If the wearer is approaching objects on both sides, the hearing aids could vibrate asynchronously.”-¶0035. Generating distance intensity data and directional trigger signals are “data usable to control a sensory device” based on the received light sensor input.
Claim 3: Guo discloses all the elements above in claim 2, Guo discloses, wherein: the sensory device is a hearing prosthesis. (¶0053, ‘A hearing device may be a hearing aid that is adapted to improve or augment the hearing capability of a user by receiving an acoustic signal from a user's surroundings, generating a corresponding audio signal, possibly modifying the audio signal and providing the possibly modified audio signal as an audible signal to at least one of the user's ears’)
Claim 6: Guo discloses all the elements above in claim 1, Guo discloses, wherein:
the processor is configured to develop second data indicative of a two-dimensional and/or a three-dimensional digital model of the area and/or volume, respectively, proximate the respective sensor; and
-Gou explicitly describes how the image capture device can provide forms of real-time 3D models of the environment, ¶0025, Claim 9. The hearing system using the processor can determine the angle to an object and estimate the distance to the objects by correlating the images, ¶0025-0027, ¶0031, ¶0100
the processor is configured to develop the data usable to control the sensory device based on the second data.
-The 3D imaging information and positional information from the image capture devices are combined with acoustic information to improve the directionality and beamforming algorithms of the hearing device, ¶0025-0027, ¶0034-0035. Specifically, measuring the distance to detect and allow for adaption of th transducer to enhance speech from a specific area, ¶0026-0027.
-The image capture device further is used for detecting objects other than people, such as stationary objects or moveable objects. This information is used for a warning system for the user if the user has visual impairment. The hearing device includes a vibrational device to provide vibrational feedback as a warning signal, ¶0033-0037. The amplitude and/or frequency of this signal provides information on the distance to an object, ¶0025-0027, ¶0033-0037.
Claim 8: Guo discloses all the elements above in claim 1, Guo discloses, wherein: the system is configured to perform an alarm function to warn a recipient of the sensory device based on object detection based on the received input.
-The 3D imaging information and positional information from the image capture devices are combined with acoustic information to improve the directionality and beamforming algorithms of the hearing device, ¶0025-0027, ¶0033-0035. Specifically, measuring the distance to detect and allow for adaption of the transducer to enhance speech from a specific area, ¶0026-0027.
-The image capture device further is used for detecting objects other than people, such as stationary objects or moveable objects. This information is used for a warning system for the user if the user has visual impairment. The hearing device includes a vibrational device to provide vibrational feedback as a warning signal, ¶0033-0037. The amplitude and/or frequency of this signal provides information on the distance to an object, ¶0033-0037.
Claim 9: Guo discloses all the elements above in claim 1, Guo discloses, wherein: the developed data is a control signal; and the system includes the sensory device, circuitry of the sensory device being in signal communication with a component of the system that generates the control signal.
--The developed data used to operate and adapt the hearing device’s functionalities, includes its sound processing algorithms, including operating the sound ¶0007-0009, ¶0027-0028, Claim 1, 4, 7, 17-18, selectively adding sound information, ¶0006, enhancing sound overall, ¶0008, noise suppression, ¶0008, spatial cues, ¶0014-0016, hearing-loss compensation, ¶0018-0019, directional adapting, ¶0029-0030, ¶0089-0090, and including providing real-time 3D imaging information about the environment, ¶0025.
-The developed data as described above controls or adapts the hearing device’s processing and output thus constitutes as an input to its control mechanisms (i.e., the developed data is a control signal). The image capture device is Claim 3-‘the image capture device is in wired or wireless communication with the processor.’. The processor receives input from the image capture device and is configured to analyze this input to perform the aforementioned control actions.
Claim 11: Guo discloses, A non-transitory computer readable medium having recorded thereon, a computer program for executing at least a portion of a method, the computer program including: (¶0052, ‘The electronic hardware may include microprocessors, microcontrollers, digital signal processors (DSPs), field programmable gate arrays (FPGAs), programmable logic devices (PLDs), gated logic, discrete hardware circuits, and other suitable hardware configured to perform the various functionality described throughout this disclosure. Computer program shall be construed broadly to mean instructions, instruction sets, code, code segments, program code, programs, subprograms, software modules, applications, software applications, software packages, routines, subroutines, objects, executables, threads of execution, procedures, functions, etc., whether referred to as software, firmware, middleware, microcode, hardware description language, or otherwise.’, see also ¶0106-0107)
-The processor comprises code for the following identified recitations:
code for analyzing first data based on data captured by a light sensor and/or sonic sensor and/or radio wave sensor; and
-The processor comprises, “image analysis software for detecting lip movement in image sequences captured by the image capture device”, ¶0075. Software is considered “code”. The image capture device acts as a light sensor, being “sensitive to visual light, infrared radiation, ultraviolet radiation, or any other suitable radiation.”, ¶0008. The processor is configured to, ‘analyse images from the image capture device’, ¶0032, ¶0101. The apparatus and/or method steps are implemented by means of hardware, software, firmware or any combination of these, ¶0106-0107. See also ¶Abstract, ¶0022-0023, ¶0025, ¶0032-0033, ¶0038.
code for quantitatively and/or qualitatively identifying a device performance impacting feature of an environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located based on the analysis of the first data.
-The processor uses analysis of image data (i.e., first data) to identify multiple features that impact a hearing device performance to an environment including: its sound processing algorithms, including operating the sound ¶0007-0009, ¶0025-0028, ¶0067-0068, Claim 1, 4, 7, 17-18, selectively adding sound information, ¶0006, enhancing sound overall, ¶0008, noise suppression, ¶0008, spatial cues, ¶0014-0016, hearing-loss compensation, ¶0018-0019, directional adapting, ¶0029-0030, ¶0089-0090, and including providing real-time 3D imaging information about the environment, ¶0025.
Claim 12: Guo discloses all the elements above in claim 11, Guo discloses, wherein: the device performing impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located is a distance to an object in the environment from the light sensor and/or the sonic sensor and/or the radio wave sensor and/or a sensor of a device or another sensor of a system of which the device is a part (¶0027, ‘detecting distance to objects in the image.’; ¶0031, ‘to determine distance to an object present in both the images or image sequences. The object may be an obstacle, such as wall, person, kerb, lamppost, etc. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but, as mentioned, other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for enhanced detection possibilities based on image analysis, e.g. determining distance to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices.’; ¶0035, ‘This vibration signal may then be used as a warning signal to the user, e.g. the amplitude and/or frequency of the signal could provide the user with information on the distance to an object. This could be a weak signal indicating that the distance is above a certain threshold and a stronger signal indicating that the distance is shorter than the threshold. The vibration intensity and/or frequency may follow a scale, possible including one or more thresholds or a scale directly proportional to the distance.’; ¶0100, ‘the method may be expanded with a step of correlating images or image sequences from the two image capture devices to determine distance and/or angular direction to an object present in both images or image sequences from the two image capture devices. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but as mentioned other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for further enhanced detection possibilities based on image analysis, e.g. determining distance and/or angle to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices.’, see also ¶0025-0026, ¶0031, ¶0034-0035, ¶0038-0039, ¶0085).
Claim 13: Guo discloses all the elements above in claim 11, Guo discloses, wherein: the device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located is an angle to an object in the environment from the light sensor and/or the sonic sensor and/or the radio wave sensor and/or a sensor of the device the performance of which is impacted or another sensor of a system of which the device the performance of which is impacted is a part (¶0027, ‘detecting distance to objects in the image.’; ¶0031, ‘to determine distance to an object present in both the images or image sequences. The object may be an obstacle, such as wall, person, kerb, lamppost, etc. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but, as mentioned, other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for enhanced detection possibilities based on image analysis, e.g. determining distance to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices.’; ¶0035, ‘This vibration signal may then be used as a warning signal to the user, e.g. the amplitude and/or frequency of the signal could provide the user with information on the distance to an object. This could be a weak signal indicating that the distance is above a certain threshold and a stronger signal indicating that the distance is shorter than the threshold. The vibration intensity and/or frequency may follow a scale, possible including one or more thresholds or a scale directly proportional to the distance.’; ¶0100, ‘the method may be expanded with a step of correlating images or image sequences from the two image capture devices to determine distance and/or angular direction to an object present in both images or image sequences from the two image capture devices. Two hearing devices, or at least the image capture device parts thereof, may be positioned at a distance between them, e.g. one at each ear, but as mentioned other positions are possible e.g. body-worn or the frame of a set of glasses. This allows for further enhanced detection possibilities based on image analysis, e.g. determining distance and/or angle to an object in the images, as the distance to the object will be reflected by the relation of the position of the object in each image and the distance between the two image capture devices.’, see also ¶0025-0026, ¶0031, ¶0034-0035, ¶0038-0039, ¶0085).
Claim 14: Guo discloses all the elements above in claim 11, Guo discloses, wherein: the device the performance of which is impacted is a sensory prothesis, and the device the performance of which is impacted includes code to accommodate the device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located by way of a real-time adjustment to the sensory prosthesis during use of the sensory prosthesis.
-The processor comprises, “image analysis software for detecting lip movement in image sequences captured by the image capture device”, ¶0075. Software is considered “code”. The image capture device acts as a light sensor, being “sensitive to visual light, infrared radiation, ultraviolet radiation, or any other suitable radiation.”, ¶0008. The processor is configured to, ‘analyse images from the image capture device’, ¶0032, ¶0101. The apparatus and/or method steps are implemented by means of hardware, software, firmware or any combination of these, ¶0106-0107.
-The processor uses analysis of image data (i.e., first data) to identify multiple features that impact a hearing device performance to an environment including: its sound processing algorithms, including operating the sound ¶0007-0009, ¶0027-0028, Claim 1, 4, 7, 17-18, selectively adding sound information, ¶0006, enhancing sound overall, ¶0008, noise suppression, ¶0008, spatial cues, ¶0014-0016, hearing-loss compensation, ¶0018-0019, directional adapting, ¶0029-0030, ¶0089-0090, and including providing real-time 3D imaging information about the environment, ¶0025.
-The hearing device is “a hearing aid that is adapted to improve or augment the hearing capability of a user by receiving an acoustic signal from a user's surroundings, generating a corresponding audio signal, possibly modifying the audio signal and providing the possibly modified audio signal as an audible signal to at least one of the user's ears.”, ¶0053. The system of Guo aims to provide “real-time 3D imaging information about the environment.”, ¶0025. The identified features (e.g., location of sound source, lip movements, head movements, distance to objects) trigger a plurality of functions of the hearing device’s processing and output while the user is wearing and using the device, which specifically includes: sound processing algorithms, including operating the sound ¶0007-0009, ¶0027-0028, Claim 1, 4, 7, 17-18, selectively adding sound information, ¶0006, enhancing sound overall, ¶0008, noise suppression, ¶0008, spatial cues, ¶0014-0016, hearing-loss compensation, ¶0018-0019, directional adapting, ¶0029-0030, ¶0089-0090, and including providing real-time 3D imaging information about the environment, ¶0025, optimization, ¶0075
Claim 15: Guo discloses all the elements above in claim 11, Guo discloses, further comprising: code for automatically controlling the device based on the identified device performance impacting feature of the environment in which the light sensor and/or sonic sensor and/or radio wave sensor is located. (¶0052, ‘The electronic hardware may include microprocessors, microcontrollers, digital signal processors (DSPs), field programmable gate arrays (FPGAs), programmable logic devices (PLDs), gated logic, discrete hardware circuits, and other suitable hardware configured to perform the various functionality described throughout this disclosure. Computer program shall be construed broadly to mean instructions, instruction sets, code, code segments, program code, programs, subprograms, software modules, applications, software applications, software packages, routines, subroutines, objects, executables, threads of execution, procedures, functions, etc., whether referred to as software, firmware, middleware, microcode, hardware description language, or otherwise.’, see also See Also ¶0038-0039, ¶0052, ¶0062-0063, ¶0106-0107)
-The hearing device adapts autonomously its imaging capture schedule when environmental changes are detected, ¶0008, ¶0024-0026, ¶0035, ¶0038, ¶0067-0068.
Claim 18: Guo discloses all the elements above in claim 11, Guo discloses, further comprising: code for determining a three-dimensional (3D) field in which the respective sensor is located, wherein the code for identifying the feature uses the determined 3D field to identify the feature.
- See Also ¶0038-0039, ¶0052, ¶0062-0063, regarding the code.
-Gou explicitly describes how the image capture device can provide forms of real-time 3D models of the environment, ¶0025, Claim 9. The hearing system using the processor can determine the angle to an object and estimate the distance to the objects by correlating the images, ¶0025-0027, ¶0031, ¶0100
-The 3D imaging information and positional information from the image capture devices are combined with acoustic information to improve the directionality and beamforming algorithms of the hearing device, ¶0025-0027. Specifically, measuring the distance to detect and allow for adaption of the transducer to enhance speech from a specific area, ¶0025-0027.
-The image capture device further is used for detecting objects other than people, such as stationary objects or moveable objects. This information is used for a warning system for the user if the user has visual impairment. The hearing device includes a vibrational device to provide vibrational feedback as a warning signal. The amplitude and/or frequency of this signal provides information on the distance to an object, ¶0035. See also ¶0055, ¶0058
Claim 20: Guo discloses all the elements above in claim 11, Guo discloses, wherein: the computer program is a dual purpose hearing habilitation and/or rehabilitation program and a real time hearing perception improvement program, wherein the device is a sensory prosthesis.
-The hearing device is “a hearing aid that is adapted to improve or augment the hearing capability of a user by receiving an acoustic signal from a user's surroundings, generating a corresponding audio signal, possibly modifying the audio signal and providing the possibly modified audio signal as an audible signal to at least one of the user's ears.”, ¶0053.
-The computer program (i.e., code) running on the processor enables the device to “compensate for a user's specific hearing loss, which may include gain correction, frequency transposition, compression, expansion, or the like.”, ¶0006, ¶0063. This constitutes to a hearing habilitation/rehabilitation.
-The program allows for “real-time” adaptations of sound processing to improve the hearing perception during use. These include: adapting directionality of the microphone system, ¶0024, ¶0077, ¶0089-0090, optimizing noise suppression, gain, and speech enhancement, ¶0022-0023, ¶0074-0075, ¶0082, and also adjusting processing based on recognized talkers, ¶0033-0034, ¶0102-0103. Accordingly, the described functions of the computer program collectively surface a dual purpose covering both habilitation and rehabilitation, and adaptive improvements in hearing perception.
Claim 21: Guo discloses, A method, (¶Abstract, Claim 10) comprising:
obtaining first data based on captured light and/or sonic energy and/or radio frequency energy (¶0007-0009, ¶0025, ¶0038 ¶0057, ¶0062 ) captured during a first temporal period utilizing an electronic device (¶0007-0009, ¶0058) during the first temporal period (Capturing be continuous or “may be performed according to a predefined schedule, e.g. periodically with fixed or variable time interval.”, ¶0020. Each of which can constitute a first temporal period. The system of Guo is integrated into or with the hearing device, ¶Abstract,); and
at least one of:
Guo teaches both:
identifying an action to improve efficacy of a sensory deficiency assistance device (¶0006-0009, ¶0033-0034, ¶0053-0054) based on the obtained first data; (¶0008-0011, ¶0015, ¶0024, ¶0035: under the broadest reasonable interpretation, identifying an action to improve efficacy of a sensory deficiency assistance device based on the obtained first data means evaluating the obtained sensor data to select, determine, or trigger a control action (e.g., steering a microphone beam pattern, applying noise suppression, adjusting gain, and/or triggering a haptic warning) that enhances how effectively the sensor device assist the user. Guo explicitly discloses analyzing the light and acoustic data to identify actions that optimize performance and efficacy. See ¶0010-0011, ¶0015, ¶0024, ¶0029-0030, ¶0089-0090 regarding the steering direction beam patterns, See ¶Abstract, ¶0008, ¶0022-0023, ¶0015, ¶0075, ¶0082, ¶0094 regarding the optimizing. See ¶0034-0037 regarding the triggering of haptic warnings.) or
developing a sensory habilitation and/or rehabilitation tool and/or engaging in a sensory habilitation and/or rehabilitation program (¶0006, ¶0008, ¶0062-0063, ¶0099 – regarding software routines, instructions and compensation algorithms on an the derive to rehabilitate or compensate for sensor loss) based on the obtained first data. (¶0006, ¶0008, ¶0015, ¶0094 includes running or adaptive algorithmic signal processed based on the environmental and sensory data.)
Claim 22: Guo discloses all the elements above in claim 21, Guo discloses, wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data, wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data.
-The hearing device is “a hearing aid that is adapted to improve or augment the hearing capability of a user by receiving an acoustic signal from a user's surroundings, generating a corresponding audio signal, possibly modifying the audio signal and providing the possibly modified audio signal as an audible signal to at least one of the user's ears.”, ¶0053. It is designed to “compensate for a user's specific hearing loss, which may include gain correction, frequency transposition, compression, expansion, or the like.”, ¶0063. The action directly improves the perception of both sound and light, including operating the sound ¶0007-0009, ¶0027-0028, Claim 1, 4, 7, 17-18, selectively adding sound information, ¶0006, enhancing sound overall, ¶0008, noise suppression, ¶0008, spatial cues, ¶0014-0016, hearing-loss compensation, ¶0018-0019, directional adapting, ¶0029-0030, ¶0089-0090, and including providing real-time 3D imaging information about the environment, ¶0025.
-The system of Guo allows for “real-time” adaptations of sound processing to improve the hearing perception during use of the obtained first data/ These include: adapting directionality of the microphone system, ¶0024, ¶0077, ¶0089-0090, optimizing noise suppression, gain, and speech enhancement, ¶0022-0023, ¶0074-0075, ¶0082, and also adjusting processing based on recognized talkers, ¶0033-0034, ¶0102-0103. Accordingly, the described functions of the computer program collectively surface a dual purpose covering both habilitation and rehabilitation tools or engaging in a sensory habilitation and rehabilitation program, and adaptive improvements in hearing perception, and the adaptation and optimization improve its efficacy.
Claim 24: Guo discloses all the elements above in claim 22, Guo discloses, further comprising: capturing sound and/or light during the first temporal period and/or during a second temporal period subsequent the first temporal period but where the first temporal period and the second temporal period are sufficiently close that the first and second temporal periods can be considered real time or near real time (¶0005, ¶0020, ¶0025, ¶0028, ¶0054-0058, ¶0065-0066), utilizing at least one hearing prosthesis (¶0053-0054), wherein the captured sound and/or light is captured in a manner at least partially based on the identified action (¶0020, ¶0024, ¶0067-0069, ¶0072).
Claim 26: Guo discloses all the elements above in claim 21, Guo discloses, further comprising: developing the sensory habilitation and/or rehabilitation tool based on the obtained first data.
-The system of Guo allows for “real-time” adaptations of sound processing to improve the hearing perception during use of the obtained first data/ These include: adapting directionality of the microphone system, ¶0024, ¶0077, ¶0089-0090, optimizing noise suppression, gain, and speech enhancement, ¶0022-0023, ¶0074-0075, ¶0082, and also adjusting processing based on recognized talkers, ¶0033-0034, ¶0102-0103. Accordingly, the described functions of the computer program collectively surface a dual purpose covering both habilitation and rehabilitation tools or engaging in a sensory habilitation and rehabilitation program, and adaptive improvements in hearing perception, and the adaptation and optimization improve its efficacy.
Claim 34: Guo discloses all the elements above in claim 21, Guo discloses, wherein: the processor is configured to develop second data indicative of distance of objects proximate the system; (Gou explicitly describes how the image capture device can provide forms of real-time 3D models of the environment, ¶0025, Claim 9. The hearing system using the processor can determine the angle to an object and estimate the distance to the objects by correlating the images, ¶0025-0027, ¶0031, ¶0100) and the processor is configured to develop the data to control the prosthesis based on the second data. (-The 3D imaging information and positional information from the image capture devices are combined with acoustic information to improve the directionality and beamforming algorithms of the hearing device, ¶0025-0027, ¶0034-0035. Specifically, measuring the distance to detect and allow for adaption of th transducer to enhance speech from a specific area, ¶0026-0027. The image capture device further is used for detecting objects other than people, such as stationary objects or moveable objects. This information is used for a warning system for the user if the user has visual impairment. The hearing device includes a vibrational device to provide vibrational feedback as a warning signal, ¶0033-0037. The amplitude and/or frequency of this signal provides information on the distance to an object, ¶0025-0027, ¶0033-0037.)
Claim 35: Guo discloses all the elements above in claim 22, Guo discloses, further comprising: capturing sound and/or light during the first temporal period and/or during a second temporal period subsequent the first temporal period (¶0008, ¶0020, ¶0028, ¶0056-0057) utilizing only one sensory deficiency assistance device, the only one sensory deficiency assistance device being the sensory deficiency assistance device (¶0007-0009, ¶0026-0027, ¶0058, ¶0062-0063, Claim 1) the efficacy of which is improved based on the obtained first data (¶0010-0011, ¶0015, ¶Abstract, ¶0024, ¶0063, ¶0069), the only one sensory deficiency assistance device being a hearing deficiency assistance device (¶0053-0054, ¶0058, ¶0062-0063); and evoking a sensory percept based on the captured sound and/or light at least partially based on the identified action (¶0007-0009, ¶0035-0037, ¶0057, ¶0064 there is both auditory sensory percept and tactile-haptic sensory percept at least partially based on the identified action).
Claim 36: Guo discloses all the elements above in claim 35, Guo discloses, wherein: the sensory deficiency assistance device is a hearing prosthesis. (Guo discloses that the hearing device can include, “a vibrational device providing vibrational feedback to the user. This vibration signal may then be used as a warning signal to the user, e.g. the amplitude and/or frequency of the signal could provide the user with information on the distance to an object”. ¶0035. This constitutes as a sensory device under the broadest reasonable interpretation because it delivers haptic/tactile stimuli to the user’s sense of touch, ¶0035-0036. The processor analyzes these images from the image capture device to detect if an object or obstacle is near the user, ¶0033. The processor then develops distance and directional data used to control the vibrational device, by controlling the vibration signals, (i.e., amplitude and/or frequency), ¶0035, to provide the user with information on the distance of an object, such as a weak vibration signal for long distances and a strong vibration signal for short distances, ¶0035. “If the object or obstacle appears to the right, the right hearing aid should vibrate to indicate to the wearer to slightly turn left, and vice versa. If the object is right in front of the wearer, both hearing aids could vibrate synchronously. If the wearer is approaching objects on both sides, the hearing aids could vibrate asynchronously.”-¶0035. Generating distance intensity data and directional trigger signals are “data usable to control a sensory device” based on the received light sensor input.)
Claim 37: Guo discloses all the elements above in claim 21, Guo discloses, wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data (¶0008, ¶0010-0011, ¶0015, ¶0019, ¶0024, ¶0029-0030), wherein the action improves perception of captured sound and/or light by a recipient of the sensory deficiency assistance device based on the obtained first data (¶Abstract, ¶0022-0023, ¶0026, ¶0029-0030, ¶0072), wherein the sensory deficiency assistance device is a prosthesis (¶0009, ¶0057, ¶0062, ¶0064).
Claim 38: Guo discloses all the elements above in claim 21, Guo discloses, wherein the method includes the identifying the action to improve efficacy of the sensory deficiency assistance device based on the obtained first data (¶0008, ¶0010-0011, ¶0015, ¶0019, ¶0024, ¶0029-0030), wherein the action improves perception of captured sound by a recipient of the sensory deficiency assistance device based on the obtained first data (¶Abstract, ¶0022-0023, ¶0026, ¶0029-0030, ¶0072), wherein the sensory deficiency assistance device is a hearing prosthesis (¶0009, ¶0053-0054, ¶0057, ¶0062, ¶0064).
Claim 39: Guo discloses all the elements above in claim 11, Guo discloses, wherein the device is a sensory prosthesis (¶0009, ¶0053-0054, ¶0057, ¶0062, ¶0064), and wherein the medium further comprises: code for adjusting a hearing habilitation and/or rehabilitation regime for a particular recipient of a sensory supplement prosthesis based on the identified device performance impacting feature (¶0006, ¶0015, ¶0062-0063, ¶0099, ¶0102-0103); and code for real time adjustment of the sensory prosthesis based on the identified device performance impacting feature (¶0015, ¶0023-0025, ¶0035, ¶0065-0066, ¶0069).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al (US 2016/0183014 A1), as applied to claim 1 & 2, respectively, in further view of Boesen (US 2018/0014113 A1).
Claim 4: Guo discloses all the elements above in claim 1, Guo discloses, wherein: the system includes the light sensor and the input is based on received light captured by the light sensor. (¶Abstract, ‘The present disclosure relates to hearing devices including an image capture device. Features of sound processing may be based on analysis of images from the image capture device.’; ¶0008, ‘The image capture device may be sensitive to visual light, infrared radiation, ultraviolet radiation, or any other suitable radiation’; ¶0025, ‘A 3D camera receives electromagnetic waves, both visible light and IR light, which then could be processed and turned into positioning information about the surroundings.’;¶0065, ‘the hearing device 10 further comprises an image capture device 14 in communication with the processor 22. The processor 22 is configured to adapt the processing of the sound signal based on input from the image capture device 14. Different kind of processing adaptions are possible.’; ¶0066, ‘The image capture device 14 is capable of capturing single images, sequences of images or continuously capture images or video. The capturing is configurable to be performed according to a predefined schedule, e.g. periodically with fixed or variable time interval. The image capture may be performed continuously, e.g. when started by the user via user interface or simply from the time the hearing device is turn on. The choice of scheduling may be left to the user, e.g. to be defined via a user interface.’; ¶0032, ‘The processor may analyse images from the image capture device to detect vertical and/or horizontal movement of the head of the user, i.e. inclination and/or yaw. This may be used for adapting e.g. directionality of a directional microphone system, and/or for detecting changes in head orientation of the user, e.g. tilt and/or turn. The adaptation of the directionality may be performed to maintain the directionality towards a desired target.’; ¶0065, ‘the hearing device 10 further comprises an image capture device 14 in communication with the processor 22. The processor 22 is configured to adapt the processing of the sound signal based on input from the image capture device 14. Different kind of processing adaptions are possible.’; see also ¶0022-0023, ¶0062-0063)
Guo fails to disclose: wherein: the system includes a laser output device; and the system includes the light sensor and the received input is based on reflected light of the laser output device captured by the light sensor.
However, Boesen in the context of radar/lidar earpieces, discloses, wherein: the light sensor is part of laser output device (i.e., a LiDAR sub-system) that includes a light sensor and receive input is based on the reflected light of the laser output device captured by the light sensor (¶0057, ‘The sensors 217 may include photodetectors, ultrasonic mapping devices, lidar, or radar that scan the ear of the user when positioned for utilization. The sensors 217 may generate a two or three dimensional scan or topography map of the user's ear and surrounding areas when the wireless earpieces 202 are properly positioned.’; ¶0059, ‘Where the sensors 17 include lidar sensors 217B, the lidar sensors 217B may be single chip lidar sensors or may be integrated with other integrated circuits on the device. The lidar sensor 217B may be used to provide for biometric monitoring. For example, the lidar sensor 217B may be positioned to scan an inner portion of an ear of the user. Thus, the inner ear portion of a user may be mapped. This may be used in order to identify a user or to observe changes in ear structure over time including differences in cerumen amount or location. It may also aid a user by determining whether the earpiece is positioned correctly within the ear.’, see also ¶0056, ¶0060-0061, ¶0065-0066 – the LiDAR relies on capturing the reflect laser illumination with the photodetector to generate these scans and biometric inputs.)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the light sensor of Guo to be part of a LiDAR sub-system in view of the teachings of Boesen for the advantage of generating two or three-dimensional scans or mapping of surrounding areas as suggested by Boesen, ¶0057.
Claim 5: Guo discloses all the elements above in claim 1, Guo discloses,
the processor is configured to develop beamforming data based on the received input; and the processor is configured to develop the data to control the device based on beamforming data to implement a beamforming algorithm. (¶0011, ‘if location information on target and/or noise sources is available, several signal processing steps in a hearing device may be improved over a hearing device not having this information. For example, a1) the spatial response (beam pattern) of any beam forming algorithm may be steered in the direction of the identified target source, a2) spatial nulls of the beam pattern may be steered in the direction of identified noise sources. a3) knowing the, relative, direction to the target source allows emphasizing spatial cues of the target source.’; ¶0026, ‘The combination of the information arising from the acoustical waves and the electromagnetic waves may be used by the beamformer of the directionality system. The electromagnetic waves could act as a supplement to the acoustical waves when detecting a position of an object. Furthermore, the directionality system, with the beamforming, would adapt more precisely in unpredictable, fluctuating acoustical environments.’)
Guo fails to disclose: wherein: the light sensor is part of a LiDAR sub-system that is part of the system;
However, Boesen in the context of radar/lidar earpieces, discloses, wherein: the light sensor is part of a LiDAR sub-system that is part of the system; (¶0057, ‘The sensors 217 may include photodetectors, ultrasonic mapping devices, lidar, or radar that scan the ear of the user when positioned for utilization. The sensors 217 may generate a two or three dimensional scan or topography map of the user's ear and surrounding areas when the wireless earpieces 202 are properly positioned.’; ¶0059, ‘Where the sensors 17 include lidar sensors 217B, the lidar sensors 217B may be single chip lidar sensors or may be integrated with other integrated circuits on the device. The lidar sensor 217B may be used to provide for biometric monitoring. For example, the lidar sensor 217B may be positioned to scan an inner portion of an ear of the user. Thus, the inner ear portion of a user may be mapped. This may be used in order to identify a user or to observe changes in ear structure over time including differences in cerumen amount or location. It may also aid a user by determining whether the earpiece is positioned correctly within the ear.’)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the light sensor of Guo to be part of a LiDAR sub-system “that is part of the system” in view of the teachings of Boesen for the advantage of generating two or three-dimensional scans or mapping of surrounding areas as suggested by Boesen, ¶0057.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Guo et al (US 2016/0183014 A1), as applied to claim 1, in further view of Boesen (US 2018/0014113 A1) in view of Ramos Macias et al (US 2021/0023366 A1).
Claim 10: Guo discloses all the elements above in claim 1, Guo fails to disclose, wherein: the sensory device is a vestibular balance prosthesis, wherein the prosthesis includes LiDAR capable light capture devices.
However, Boesen in the context of radar/lidar earpieces, discloses, wherein the prosthesis includes LiDAR capable light capture devices. (¶0057, ‘The sensors 217 may include photodetectors, ultrasonic mapping devices, lidar, or radar that scan the ear of the user when positioned for utilization. The sensors 217 may generate a two or three dimensional scan or topography map of the user's ear and surrounding areas when the wireless earpieces 202 are properly positioned.’; ¶0059, ‘Where the sensors 17 include lidar sensors 217B, the lidar sensors 217B may be single chip lidar sensors or may be integrated with other integrated circuits on the device. The lidar sensor 217B may be used to provide for biometric monitoring. For example, the lidar sensor 217B may be positioned to scan an inner portion of an ear of the user. Thus, the inner ear portion of a user may be mapped. This may be used in order to identify a user or to observe changes in ear structure over time including differences in cerumen amount or location. It may also aid a user by determining whether the earpiece is positioned correctly within the ear.’)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the prosthesis of Guo to include LiDAR capable light capture devices. in view of the teachings of Boesen for the advantage of generating two or three-dimensional scans or mapping of surrounding areas as suggested by Boesen, ¶0057.
Guo fails to disclose: wherein: the sensory device is a vestibular balance prosthesis,
However, Ramos Mascias to discloses, wherein: the sensory device is a vestibular balance prosthesis, (¶Abstract)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the sensory device of modified Gou such that it is a vestibular balance prosthesis as taught by Ramos Macias. The motivation to do this yields predictable results such as restoring vestibular function in recipients having vestibular deficiency, ¶Abstract of Ramos Macias.
Conclusion
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/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
