Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
Claim 1-3, 7-8, 11-15 and 18-19 is/are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 10, and 20 of copending Application No. 18/910944 in view of Wang (CN 109314814). For more detail of the rejections, see previous Office action dated 5/4/2026.
The rejection is being maintained in this office action because applicants request that the double-patenting rejections be held in abeyance (See Applicants’ Remarks filed 7/28/2026).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: limitations of claims 1 and 13 defining when and how “a first preset relationship is satisfied.” The claims recite a first preset relationship is satisfied between two transfer functions, however, the claim does not define what would make the relationship between the two transfer functions “satisfied,” which renders the claim indefinite. For example, the first preset relationship can be satisfied when a certain distance reaches a threshold, position of components are in place, the two transfer function shares a component, etc… Without defining when and how a first preset relationship is considered satisfied, the metes and bounds of the claim are unclear.
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.
Claim(s) 1, 3-4, 7, 11-13, 15-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109314814) in view of Liu (CN 113421540).
Regarding claim 1, Wang teaches An open wearable acoustic device, comprising: a support member (Wang ¶0030, “outer shell of the headphone”); a speaker, physically connected to the support member (Wang ¶0044, “speaker system 16”), a first sound sensor module, physically connected to the support member (Wang figure 2, sound acquisition device 11¶0030, “The sound acquisition device is located on the outer shell of the headphone”), and configured to capture a first sound and generate a first sound signal, wherein the first sound signal includes an ambient noise signal of ambient noise and a leakage signal of the speaker (Wang ¶0032, “Step 101: When playing audio, acquire the leaked audio signal and acquire the external noise signal through the sound acquisition device located on the earphone shell”);
a second sound sensor module physically connected to the support member, and configured to capture a second sound and generate a second sound signal (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation
unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal”), wherein a first preset relationship is satisfied (Wang figure 2, the position of devices in relationship to each other when the device is worn can be considered a first preset relationship is satisfied. In addition, the two transfer functions are both in relation to the speaker and can be considered satisfying a first preset relationship) between a transfer function from the speaker to the second sound sensor module (Wang figure 2, error microphone 17 and speaker system 16) and a transfer function from the speaker to the eardrum (Wang figure 2, position of speaker 16 relative to the ear canal when the device is worn), and the first preset relationship is independent of a posture in which the acoustic device is worn (Wang figure 2, Note that the claimed “a posture in which the acoustic device is worn” is one posture, not encompassing all postures); and
a noise reduction circuit, configured to:
obtain the second sound signal from the second sound sensor module and adjust a noise reduction parameter of the noise reduction circuit based on the second sound signal and the first preset relationship (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.” The signal received at the error microphone depends on the position of the microphone relative to the speaker, therefore is based on the first preset relationship),
obtain the first sound signal from the first sound sensor module, generate a quasi-ambient noise signal by reducing components of the leakage signal in the first sound signal (Wang ¶0044, “The noise control unit 12 is used to process external noise signals, filter out leaked audio signals in the external noise signals, and obtain a relatively pure actual noise signal that is close to the real situation”), generate a first noise cancellation signal based on the quasi-ambient noise signal, and an adjusted noise reduction parameter of the noise reduction circuit (Wang ¶0044, “so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.”) and send the first noise cancellation signal to the speaker to convert the first noise cancellation signal into a first noise cancellation audio, so to reduce volume of the ambient noise at the eardrum (Wang ¶0044, “The inverse noise generation unit 14 is used to invert the actual noise signal so that the inverted signal can be superimposed on the audio playback signal acquired by the audio acquisition unit 13 to obtain an anti-noise frequency signal. The speaker system 16 is located inside the headphones and is used to play noise-canceling frequency signals”), however does not explicitly teach wherein an open space is formed between the speaker and a eardrum of a user when the acoustic device is worn on the user's head.
Liu teaches wherein an open space is formed between the speaker and a eardrum of a user when the acoustic device is worn on the user's head (Liu ¶0002-0014, discloses a semi-in-ear noise cancellation headphone).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Liu to improve the known acoustic device of Wang to achieve the predictable result of improved noise cancellation with semi-in-ear headphones (Liu ¶0015).
Regarding claims 3 and 15, Wang in view of Liu teaches wherein to generate the quasi-ambient noise signal, the noise reduction circuit is configured to: obtain an input signal corresponding to the speaker (Wang figure 2, input signal for speaker 16); provide a first gain for the input signal to obtain a first gain signal, wherein the first gain is a transfer function from the speaker to the first sound sensor module (Wang ¶0044, “dashed line 201 represents the propagation path of noise 2 to sound acquisition device 11, 202 represents the transmission path of noise 2 to human eardrum, and 203 represents the leakage path from loudspeaker system 16 to sound acquisition device 11”); and obtain the first sound signal from the first sound sensor module, and subtract the first gain signal from the first sound signal to obtain the quasi-ambient noise signal (Wang ¶0046, “If the speaker system 16 is playing audio, the leakage signal acquisition unit 122 acquires the leakage audio signal so that the leakage signal elimination unit 123 can filter out the leakage audio signal in the external noise signal”).
Regarding claims 4 and 16, Wang in view of Liu teaches wherein the noise reduction circuit is further configured to: send a test audio signal to the speaker to enable the speaker to emit a corresponding test audio (Liu ¶0005, “playing a test signal through a speaker”) to be captured by the first sound sensor module; obtain a capture audio signal captured by the first sound sensor module (Liu ¶0005, “acquiring a feedback signal through an error microphone”); and determine the transfer function based on the test audio signal and the capture audio signal (Liu ¶0005, “determining a first echo transfer function”).
Regarding claims 7 and 18, Wang in view of Liu teaches wherein the noise reduction circuit is further configured to: obtain the second sound signal from the second sound sensor module, generate a second noise cancellation signal based on the second sound signal, and send the second noise cancellation signal to the speaker to convert the second noise cancellation signal into a second noise cancellation audio, so as to further reduce the volume of the ambient noise at the eardrum (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal”).
Regarding claim 11, Wang in view of Liu teaches wherein the noise reduction circuit includes: at least one storage medium storing at least one instruction set, configured to reduce noise (Wang ¶0071 “memory”); and at least one processor in communication with the speaker, the first sound sensor module and the at least one storage medium (Wang ¶0071 “processor”), wherein when the acoustic device operates, the at least one processor reads the at least one instruction set, and performs the following as instructed by the at least one instruction set:
obtaining the second sound signal from the second sound sensor module and adjusting the noise reduction parameter of the noise reduction circuit based on the second sound signal and the first preset relationship (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.” The signal received at the error microphone depends on the position of the microphone relative to the speaker, therefore is based on the first preset relationship)
obtaining the first sound signal from the first sound sensor module, generating the quasi-ambient noise signal by reducing the components of the leakage signal in the first sound signal, generating the first noise cancellation signal based on the quasi-ambient noise signal and the adjusted noise reduction parameter of the noise reduction circuit (Wang ¶0044, “so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.”), and sending the first noise cancellation signal to the speaker to convert the first noise cancellation signal to the first noise cancellation audio, so as to reduce the volume of the ambient noise at the eardrum (See rejection of claim 1).
Regarding claim 12, Wang in view of Liu teaches wherein the acoustic device is at least one of a headphone (Wang ¶0030, “outer shell of the headphone”), a muffler, a hearing aid, or acoustic glasses.
Regarding claim 13, Wang teaches An active noise reduction method for open wearable acoustic device, comprising the following steps performed by a noise reduction circuit of the acoustic device: configuring the acoustic device to include: a support member (Wang ¶0030, “outer shell of the headphone”), a speaker, physically connected to the support member (Wang ¶0044, “speaker system 16”), a first sound sensor module, physically connected to the support member (Wang figure 2, sound acquisition device 11¶0030, “The sound acquisition device is located on the outer shell of the headphone”), and configured to capture a first sound and generate a first sound signal, wherein the first sound signal includes an ambient noise signal of ambient noise and a leakage signal of the speaker (Wang ¶0032, “Step 101: When playing audio, acquire the leaked audio signal and acquire the external noise signal through the sound acquisition device located on the earphone shell”), a second sound sensor module physically connected to the support member, and configured to capture a second sound and generate a second sound signal (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation
unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal”), wherein a first preset relationship is satisfied (Wang figure 2, the position of devices in relationship to each other when the device is worn can be considered a first preset relationship is satisfied)between a transfer function from the speaker to the second sound sensor module (Wang figure 2, error microphone 17 and speaker system 16) and a transfer function from the speaker to the eardrum (Wang figure 2, position of speaker 16 relative to the ear canal when the device is worn), and the first preset relationship is independent of a posture in which the acoustic device is worn (Wang figure 2, Note that the claimed “a posture in which the acoustic device is worn” is one posture, not encompassing all postures); and
a noise reduction circuit, configured to:
obtain the second sound signal from the second sound sensor module and adjust a noise reduction parameter of the noise reduction circuit based on the second sound signal and the first preset relationship (Wang ¶0044, “The error microphone acquisition unit 17 is located inside the earphone and is used to pick up the audio signal after the actual sound played by the speaker system 16 and the noise (here, the noise refers to the part of the external noise that leaks into the earphone 202) are canceled out, so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.” The signal received at the error microphone depends on the position of the microphone relative to the speaker, therefore is based on the first preset relationship), obtaining the first sound signal from the first sound sensor module; generating the quasi-ambient noise signal by reducing components of the leakage signal in the first sound signal (Wang ¶0044, “The noise control unit 12 is used to process external noise signals, filter out leaked audio signals in the external noise signals, and obtain a relatively pure actual noise signal that is close to the real situation”); generating a first noise cancellation signal based on the quasi-ambient noise signal and an adjusted noise reduction parameter of the noise reduction circuit (Wang ¶0044, “so that the error processing unit 15 can generate an error signal and transmit the error signal to the inverse noise generation unit 14, so that the inverse noise generation unit 14 can obtain a more accurate anti-noise frequency signal based on the error signal.”), and sending the first noise cancellation signal to the speaker to convert the first noise cancellation signal into a first noise cancellation audio, so as to reduce volume of the ambient noise at the eardrum (Wang ¶0044, “The inverse noise generation unit 14 is used to invert the actual noise signal so that the inverted signal can be superimposed on the audio playback signal acquired by the audio acquisition unit 13 to obtain an anti-noise frequency signal. The speaker system 16 is located inside the headphones and is used to play noise-canceling frequency signals”), however does not explicitly teach wherein an open space is formed between the speaker and a eardrum of a user when the acoustic device is worn on the user's head.
Liu teaches wherein an open space is formed between the speaker and a eardrum of a user when the acoustic device is worn on the user's head (Liu ¶0002-0014, discloses a semi-in-ear noise cancellation headphone).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Liu to improve the known acoustic device of Wang to achieve the predictable result of improved noise cancellation with semi-in-ear headphones (Liu ¶0015).
Claim(s) 2, 8, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109314814) in view of Liu (CN 113421540) in further view of He (US 2022/0076656).
Regarding claims 2 and 14, Wang in view of Liu does not explicitly teach wherein the first sound sensor module is farther away from the eardrum than the speaker.
He teaches wherein the first sound sensor module is farther away from the eardrum than the speaker (He figure 5, feed forward microphone FFM and speaker 230).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of He to improve the known acoustic device of Wang in view of Liu to achieve the predictable result of acquiring a good representation of environmental sound.
Regarding claims 8 and 19, Wang in view of Liu in further view of He teaches wherein the second sound sensor module is closer to the eardrum than the speaker (He figure 5, FBM and speaker 230).
Claim(s) 5, 10, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109314814) in view of Liu (CN 113421540) in further view of Yu (US 2023/0080298).
Regarding claims 5 and 17, Wang in view of Liu teaches wherein the noise reduction circuit includes a feedforward filter (Wang figure 2, and ¶0044, inverse noise generation unit 14); and to generate the first noise cancellation signal (Wang figure 2, ¶0044, “The inverse noise generation unit 14 is used to invert the actual noise signal so that the inverted signal can be superimposed on the audio playback signal acquired by the audio acquisition unit 13 to obtain an anti-noise frequency signal”), the noise reduction circuit is configured to: input the quasi-ambient noise signal to the feedforward filter, and filter the quasi-ambient noise signal by using the feedforward filter, to obtain the first noise cancellation signal (Wang figure 2, ¶0044, “The inverse noise generation unit 14 is used to invert the actual noise signal so that the inverted signal can be superimposed on the audio playback signal acquired by the audio acquisition unit 13 to obtain an anti-noise frequency signal”), wherein the feedforward filter is configured to adjust at least one of a gain or phase of the quasi-ambient noise signal to enable the first noise cancellation signal to cancel at least a part of the ambient noise at the eardrum (Wang figure 2, ¶0044, “invert the actual noise signal”), however does not explicitly teach the feedforward filter is configured to adjust at least one of a gain.
Yu teaches the feedforward filter is configured to adjust at least one of a gain (Yu figure 8 and ¶0239-0240, “the filtering parameter corresponding to the feedforward path may include a gain of the feedforward path”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Yu to improve the known acoustic device of Wang in view of Liu to achieve the predictable result of improved noise cancellation effects of a headset (Yu ¶0005).
Regarding claims 10 and 20, Wang in view of Liu in further view of Yu teaches wherein the noise reduction circuit includes a feedback filter; and to generate the second noise cancellation signal, the noise reduction circuit is configured to: input the second sound signal into the feedback filter, and filter the second sound signal by using the feedback filter, to obtain the second noise cancellation signal, wherein the feedback filter is configured to adjust at least one of a gain or phase of the second sound signal to enable the second noise cancellation signal to cancel at least a part of the ambient noise at the eardrum (Yu figure 8, “Filter for a feedback path” and ¶0239-0240, “the feedback path may include a gain of the feedback path”).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109314814) in view of Liu (CN 113421540) in further view of Benattar (US 2018/0146285).
Regarding claim 6, Wang in view of Liu does not explicitly teach wherein a distance between the first sound sensor module and an acoustic null point of the speaker is within a preset non-zero range.
Benattar teaches wherein a distance between the first sound sensor module and an acoustic null point of the speaker is within a preset non-zero range (Benattar ¶0015 discloses the use of both transmission and reception beamformers ¶0019 discloses the use of beamforming nulls, with BRI, if there is any distance between the speaker and the null, is it considered a preset non-zero range).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Benattar to improve the known acoustic device of Wang in view of Liu to achieve the predictable result of controlled reception and transmission of sound and noise to achieve an optimal sound environment.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109314814) in view of Liu (CN 113421540) in further view of Tong (US 2021/0185427).
Regarding claim 9, Wang in view of Liu does not explicitly teach wherein to send the first noise cancellation signal and the second noise cancellation signal to the speaker, the noise reduction circuit is further configured to: combine the first noise cancellation signal and the second noise cancellation signal to obtain a combined noise cancellation signal; and send the combined noise cancellation signal to the speaker.
Tong teaches wherein to send the first noise cancellation signal and the second noise cancellation signal to the speaker, the noise reduction circuit is further configured to: combine the first noise cancellation signal and the second noise cancellation signal to obtain a combined noise cancellation signal; and send the combined noise cancellation signal to the speaker (Tong figure 4, FB ANC Filter and FF ANC Filter and adder 440).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Tong to improve the known acoustic device of Wang in view of Liu to achieve the predictable result of improving user experience in various usage scenarios, such as listening to the music and/or talk-through sound (Tong ¶0048).
Response to Arguments
Applicant's arguments filed 7/28/2026 have been fully considered but they are not persuasive. Applicant argues on pages 9-12 of Remarks that cited references Wang in view of Liu does not teach the amended limitations. Examiner respectfully disagrees.
First, Applicant argues that reference Wang “does not disclose or suggest any relationship between a transfer function from the speaker to the “error microphone” and a transfer function from the speaker to the eardrum, let alone a “preset relationship” independent of a wearing posture of the acoustic device.” Examiner respectfully disagrees. Wang clearly teaches the error microphone 17 receiving sound reproduced by the speaker 16 (Wang figure 2 and ¶0044. It is inherent that there is a transfer function between the microphone and the speaker. Likewise, when a user hears sounds reproduced by a speaker, there is inherently a transfer function between the speaker and the eardrums). With BRI, “the preset relationship is independent of a posture in which the acoustic device is worn,” is interpreted as the preset relationship is independent of a singular posture in which the acoustic device is worn. In other words, a hearing device may be worn in different postures, and the claim is interpreted as the preset relationship is independent of one posture, and not independent of all postures possible. Therefore, without further defining what the posture is, Examiner can choose a posture to define the preset relationship.
Applicant further argues that reference Liu does not teach the amended claims. Examiner respectfully disagrees. Examiner did not rely on reference Liu to teach the amended limitations. Primary reference Wang teaches the amended claims as elaborated above. Applicant further argues that cited reference He, Yu, Benattar and Tong does not teach the amended claims. Examiner respectfully disagrees. As mentioned above, Examiner relied on reference Wang teaches the amended claims. Therefore, the arguments are not persuasive, and the claims stand rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/NORMAN YU/Primary Examiner, Art Unit 2693
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