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 .
DETAILED ACTION
Applicant is advised that the new art unit number is 2692. Please use the new art unit number for all future communications.
This Office action is in response to the Election filed on 7/17/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/27/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election of Group I (claims 1-9 and 13) in the reply filed on 7/17/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). Claims 10-12 are withdrawn from further consideration pursuant to 37 CFR § 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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) 1-5, 9, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farmani et al. (US 2018/0041849) in view of Kim et al. (US 2016/0183009).
Regarding claim 1, Farmani discloses a binaural hearing aid system comprising first and second hearing aids configured to be worn by a user at or in respective first and second ears of the user (¶ 0095), each of the first and second hearing aids comprising
at least one input transducer (e.g., Fig. 5: FM and/or RM) configured to pick up a sound at said at least one input transducer and to convert the sound to at least one electric input signal representative of said sound, the sound at said at least one input transducer comprising a mixture of a target signal and noise (¶ 0175);
a battery (Fig. 5: BAT) (¶ 0178); and
a controller (inherent part of HD of Fig. 5 necessary to cause battery status detector of ¶ 0178 to function) for evaluating said battery and providing a control signal indicative of battery power availability of the battery (¶ 0178: battery status detector providing control signal indicating current status of battery (e.g., battery voltage or rest-capacity)),
Farmani is not relied upon to disclose wherein said controller is configured to transmit said at least one electric input signal, or a processed version thereof, to another device via an audio link in dependence of a comparison of the control signals provided by the first and second hearing aids, respectively.
In a similar field of endeavor, Kim discloses wherein a controller (inherent part of each of 401 and 403 necessary to cause 401 or 403 to transmit the audio input through microphone via the communication interface) is configured to transmit said at least one electric input signal (audio input through microphone), or a processed version thereof, to another device (Fig. 4: 102) via an audio link (via communication interface) in dependence of a comparison of remaining battery of the first and second hearing aids, respectively (¶ 0092: when remaining battery in 403 is greater than remaining battery in 401, then 401 transmits (through communication interface) the audio input through microphone to 102 so that 102 (instead of 401) can perform the encoding; and vice versa between 401 and 403).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: configure the controller of Farmani to: wherein said controller is configured to transmit said at least one electric input signal, or a processed version thereof, to another device via an audio link in dependence of a comparison of remaining battery life of the first and second hearing aids, respectively (which would be done by a comparison of the control signals provided by the first and second hearing aids since that is what Farmani teaches as indicating the remaining battery life),
the motivation being to efficiently use an encoder and/or battery in processing input audio (Kim - ¶ 0011).
Claim 13 recites similar limitations as claim 1, and is rejected for the same reasons set forth above in the claim 1 rejection.
Regarding claim 2, Farmani-Kim discloses a binaural hearing aid system according to claim 1, and Farmani discloses wherein each of the first and second hearing aids comprising
a transceiver configured to establish a communication link between the first and second hearing aids allowing the exchange of said control signal between the first and second hearing aids (¶ 0175), and
a transmitter for establishing the audio link for transmitting said at least one electric input signal, or a processed version thereof, the another device (¶ 0175).
Regarding claim 3, Farmani-Kim discloses a binaural hearing aid system according to claim 1, wherein the controller is configured to
transmit said control signal to, and receive a corresponding control signal from, the other hearing aid of the binaural hearing system via said communication link (Farmani - ¶ 0166), and compare said control signals and provide a comparison control signal in dependence thereof (as set forth in claim 1 rejection).
The teachings of Kim relied upon above in the claim 3 rejection are combinable with Farmani-Kim for the same reasons set forth above in the claim 1 rejection.
Regarding claim 4, Farmani-Kim discloses a binaural hearing aid system according to claim 1, and Farmani discloses wherein the control signal is indicative of battery power availability indicates remaining battery lifetime or battery power consumption of the battery (¶ 0178).
Regarding claim 5, Farmani-Kim discloses a binaural hearing aid system according to claim 1, and Farmani discloses wherein said a least one input transducer comprises at least two input transducers (Fig. 5: FM and RM) providing at least two electric input signals (¶ 0175).
Regarding claim 9, Farmani-Kim discloses a binaural hearing aid system according to claim 1, and Farmani discloses wherein the first and second hearing aids each are constituted by or comprises an air-conduction type hearing aid, a bone-conduction type hearing aid, a cochlear implant type hearing aid, or a combination thereof (¶ 0093).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farmani in view of Kim in view of Petersen et al. (US 2018/0146307).
Regarding claim 6, Farmani-Kim discloses a binaural hearing aid system according to claim 5.
Farmani-Kim is not relied upon to disclose wherein the first and second hearing aids comprises a beamformer filter connected to said at least two input transducers.
In a similar field of endeavor, Petersen discloses wherein the first and second hearing aids comprises a beamformer filter connected to said at least two input transducers (¶ 0176) (Fig. 4A or 4C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the first and second hearing aids comprises a beamformer filter connected to said at least two input transducers,
the motivation being to provide the ability for the system to detect a user’s own voice (Petersen - ¶ 0176, 0141).
Regarding claim 7, Farmani-Kim-Petersen discloses a binaural hearing aid system according to claim 6.
Additionally, Petersen discloses wherein the beamformer filter comprises an own voice beamformer configured to provide an estimate of the user's own voice based on said at least two electric input signals (¶ 0176, 0141) (Fig. 4A or 4C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the beamformer filter comprises an own voice beamformer configured to provide an estimate of the user's own voice based on said at least two electric input signals,
the motivation being to provide the ability for the system to detect a user’s own voice (Petersen - ¶ 0176, 0141).
Regarding claim 8, Farmani-Kim-Petersen discloses a binaural hearing aid system according to claim 7.
Additionally, Petersen discloses wherein the beamformer filter further comprises an environment beamformer configured to provide an estimate of a target signal in the environment (¶ 0139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the beamformer filter further comprises an environment beamformer configured to provide an estimate of a target signal in the environment,
the motivation being to provide the ability to have maximum directional sensitivity in the direction of a target signal (Petersen - ¶ 0139).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK FISCHER whose telephone number is (571)270-3549. The examiner can normally be reached Mon-Fri 1-6, 7:30-11:59pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached on 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK FISCHER/Primary Examiner, Art Unit 2692
Prosecution Insights