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 .
I DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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) 1-8,10-17,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiede et al (US 20130202119 A1), and further in view of Quinton et al (US 20230128812 A1).
As per claim 1, Thiede discloses a hearing system configured to produce monaural or binaural beats, the hearing system comprising:
at least one hearing device (fig. 1), containing:
a primary signal path having an input transducer (103a) for generating an electrical input signal from an acoustic input signal,
a signal processor (105a) for processing the electrical input signal and for generating an electrical output signal, and
an output transducer 106a taking the electrical output signal as a basis for generating an acoustic output signal;
a secondary signal path having a signal generator for generating a first beat signal 107a, the first beat signal being frequency-shifted 116 in relation to a further signal by a beat frequency in such a way that an affect of a monaural beat or binaural beat is produced for a user during operation (provide binaural beats);
a summing unit 104a for summing at least the first beat signal with a signal of the primary signal path; and
a user input 115 to select the beat frequency. However, Thiede does not specify
said signal generator including an associated adjusting apparatus having an adjustable amplifier element,
said associated adjusting apparatus having an analysis unit for determining an instantaneous signal level of the electrical input signal, and
said associated adjusting apparatus being configured to set a signal level of the first beat signal on a basis of the instantaneous signal level;
and at least one of said hearing devices has a synchronizer configured to take instantaneous signal levels determined by said two analysis units of said hearing devices as a basis for delivering a synchronized setting of signal levels for a respective said beat signal to said two adjustable amplifier elements of said hearing devices.
Quinton teaches that headphone/hearing devices (para 36) streaming digital audio can implement a signal generator with an adjustable amplitude element (the means of adjusting the volume per para 45: the computing device 102 may adjust a volume of the neural beat 168 to align with changes in volume for the digital audio file 106)
said associated adjusting apparatus having an analysis unit for determining an instantaneous signal level of the electrical input signal (para. 37 chromagram features 116 may include pitch classes 124, 126 and associated intensities 136, 138 at multiple timestamps, and also in para 45, the detection of changes in volume of the digital audio, also para 46, the loudness profile)
and
said associated adjusting apparatus being configured to set a signal level of the first beat signal on a basis of the instantaneous signal level (para 45: the computing device 102 may adjust a volume of the neural beat 168 to align with changes in volume for the digital audio file 106).
Quinton teaches that this allows per para 46: the loudness profile 170 may be offset (e.g., according to a maximum desired intensity for the neural beat 168) to generate the volume curve 172.
It would have been obvious to one skilled in the art at the time of filing to implement an adaptive adjustable amplitude element for the purpose of setting a desired beat volume with the realtime stream of digital audio from the microphone in Thiede.
Where, in the combined system:
and at least one of said hearing devices has a synchronizer configured to take instantaneous signal levels determined by said two analysis units of said hearing devices as a basis for delivering a synchronized setting of signal levels for a respective said beat signal to said two adjustable amplifier elements of said hearing devices (Thiede discloses each hearing device has a synchronizer 108a and 108b, where the actions of each synchronizer are based on/configured to take instantaneous signal levels per each digital frame or packet as used by the system in fig. 1, noting that each stage must be synchronized, and based on the input audio signals/instantaneous signal levels from each microphone)
As per claim 2, Thiede and Quinton disclose the hearing system according to claim 1, but do not specify wherein said associated adjusting apparatus is configured so that the signal level of a beat signal component in the acoustic output signal is 1 dB to 5 dB higher than the instantaneous signal level of a normal audio signal component.
Quinton teaches that the beat level is determined relative to the detected audio signal level per para 46: In particular, the loudness profile 170 may be offset (e.g., according to a maximum desired intensity for the neural beat 168) to generate the volume curve 172. It would have been obvious to one skilled in the art at the time of filing to create a 1-5 dB offset for the purpose of creating a desired neural beat intensity for the user.
As per claim 3, the hearing system according to claim 1, wherein said associated adjusting apparatus is configured to determine the instantaneous signal level at a reference frequency and in that a beat signal frequency has an offset in relation to the reference frequency (the loudness profile per para 46 at the frequencies of the digital audio file).
As per claim 4, the hearing system according to claim 1, wherein: said at least one hearing wherein[[:]] synchronization is such that different ratios between a signal level of a respective said electrical input signal and a respective said beat signal are set (the synchronized hearing devices create binaural beats and also reproduce the electrical input signal together which is a ratio of relative amplitudes as they are reproduced by the hearing devices, further noting the creation of binaural signal requires a ratio of relative amplitudes phases and delays between each output audio signal).
As per claim 5, the hearing system according to claim 4, wherein a respective said associated adjusting apparatus is configured to recurrently set the signal level of the beat signal on a basis of the instantaneous signal level of the acoustic output signal within a time interval of no more than 300ms (each process of the tracking offset of the beat per the above rejections is relative to a digital clock cycle noting the required digital processor, where said clock cycle, at any discernable length of time, comprises time intervals less than said clock cycle including periods of time no more than 300 ms).
As per claim 6, the hearing system according to claim 1, wherein said signal processor has a signal amplifier and said summing unit is disposed upstream of said signal amplifier (via the wireless link in fig. 1).
As per claim 7, the hearing system according to claim 1, wherein the hearing system is configured for manual setting (via 115 in fig. 1) of at least one of the first and second beat signals by the user.
As per claim 8, the hearing system according to claim 1, wherein the hearing system is configured to automatically identify a current status of the user, and in that it is configured to set at least one of the first and second beat signals on a basis of an identified current status (the output of stage 115 is an indication of user status since it is set by the user).
As per claim 10, a binaural hearing system for producing binaural beats, the binaural hearing system comprising:
hearing devices including at least one first hearing device and a second hearing device (Thiede, Fig. 1)
said hearing devices configured for wireless, binaural communication with one another (via 109), each of said hearing devices containing:
a primary signal path having an input transducer for generating an electrical input signal,
a signal processor for processing the electrical input signal and for generating an electrical output signal, and
an output transducer taking the electrical output signal as a basis for generating an acoustic output signal (per claim 1 rejection, along with the analogous device 102) ;
a secondary signal path having a respective signal generator for generating a first beat signal in said first hearing device and a second beat signal in said second hearing device, the first and second beat signals being frequency-shifted in relation to one another by a beat frequency such that an effect of a binaural beat is produced for a user during operation (per claim 1 rejection);
a summing unit for summing the first and second beat signals with a signal of said primary signal path (per the claim 1 rejection),
with a result that the acoustic output signal is formed by a normal audio signal component and a beat signal component in each instance (the beat is summed with the audio signal per the summing in ear earpiece in Fig.1 of Thiele); and
said respective signal generator having a respective associated adjusting apparatus having an adjustable amplifier element (per the claim 1 rejection and as per the analogous device 102),
said respective associated adjusting apparatus of at least one of said hearing devices having an analysis unit for determining an instantaneous signal level of the electrical input signal (per the claim 1 rejection), and
said respective associated adjusting apparatus being configured to set a signal level of the first and second beat signals on a basis of the instantaneous signal level (per the claim 1 rejection),
and at least one of said hearing devices having a synchronizer configured to take instantaneous signal levels determined by said two analysis units of said hearing devices as a basis for delivering a synchronized setting of signal levels for a respective one of the first and second beat signals to said two adjustable amplifier elements of said hearing devices (per the claim 1 rejection).
As per claim 11, the hearing system according to claim 10, wherein said associated adjusting apparatus is configured so that the signal level of the beat signal component in the acoustic output signal is 1 dB to 5 dB higher than the instantaneous signal level of the normal audio signal component (per the claim 2 rejection).
As per claim 12, the hearing system according to claim 10, wherein said associated adjusting apparatus is configured to determine the instantaneous signal level at a reference frequency and in that a beat signal frequency has an offset in relation to the reference frequency (per the claim 3 rejection).
As per claim 13, the hearing system according to claim 10, where synchronization is such that different ratios between a signal level of a respective said electrical input signal and a respective said beat signal are set (per the claim 4 rejection).
As per claim 14, the hearing system according to claim 10, wherein a respective said associated adjusting apparatus is configured to recurrently set the signal level of the beat signal on a basis of the instantaneous signal level of the acoustic output signal within a time interval of no more than 300ms (per the claim 5 rejection).
As per claim 15, the hearing system according to claim 10, wherein said signal processor has a signal amplifier and said summing unit is disposed upstream of said signal amplifier (per claim 6 rejection).
As per claim 16, the hearing system according to claim 10, wherein the hearing system is configured for manual setting of at least one of the first and second beat signals by the user (per claim 7 rejection).
As per claim 17, the hearing system according to claim 10, wherein the hearing system is configured to automatically identify a current status of the user, and configured to set at least one of the first and second beat signals on a basis of an identified current status (per claim 8 rejection).
Claim(s) 9,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiede et al (US 20130202119 A1) in view of Quinton et al (US 20230128812 A1) as applied to claim 1 above, and further in view of Bunker et al (US 20060249004 A1).
As per claims 9, Thiede and Quinton disclose the hearing system according to claim 1, but do not specify wherein the beat frequency is set to a range from 35Hz to 45 Hz in an identified sleep mode.
Bunker teaches neural beats per para 22: Beat frequencies that match brain-wave states (e.g. less than about 35 Hz) are particularly useful to assist in meditative states, restfulness, wakefulness, assisting in sleep. It would have been obvious to one skilled in the art at the time of filing to implement the beat frequency at less than about 35 Hz for the purpose of assisting in sleep. In such an implementation, the identified sleep mode is the user actuating the device of Thiede and Quinton actuating the device to around 35Hz when using to assist in sleep.
As per claim 18, the hearing system according to claim 10, wherein the beat frequency is set to a range from 35Hz to 45 Hz in an identified sleep mode. (per the claim 9 rejection).
Response to Arguments
The submitted arguments have been considered but are moot in view of the new grounds of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER KRZYSTAN whose telephone number is 571-272-7498, and whose email address is alexander.krzystan@uspto.gov
The examiner can usually be reached on m-f 7:30-4:00 est.
If attempts to reach the examiner by telephone or email are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547.
The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
/ALEXANDER KRZYSTAN/Primary Examiner, Art Unit 2653
Examiner Alexander Krzystan
September 14, 2026
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