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 .
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 11/22/2024 was filed after the mailing date of the application on 11/22/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatlani et al (US 2013/0208896 A1) in view of Merks et al’489 (US 2020/0045489 A1) and further in view of Merks et al (US 10,425,745 B1).
Regarding claim 1, Chatlani et al disclose a method for operating a binaural hearing instrument having two signal- coupled individual hearing devices (Chatlani et al; Fig 1; Para [0004]), wherein in each of the individual hearing devices performing the method steps of: a) generating a first input signal from a sound signal of an environment by a first input transducer of each of the individual hearing devices (Chatlani et al; Fig 3; signal 28); b) generating a second input signal from the sound signal of the environment by a second input transducer of each of the individual hearing devices (Chatlani et al; Fig 3; signal 29); c) generating a forward signal and a backward signal from the first input signal and from the second input signal (Chatlani et al; Fig 3; signal CF outputted by 32 and signal CR outputted by 32); d) determining a first adaptation parameter as a linear factor of a linear combination of the forward signal and the backward signal, in that a first directional signal resulting from the linear combination has an attenuation in one direction (Chatlani et al; Fig 3; Para [0032]-[0034]; adaptation parameter beta as a linear factor of a linear combination of signal CF and signal CR outputted by 32; linear combination outputted by 35); but do not expressly disclose e) comparing the first adaptation parameter with a stored threshold value; f) synchronizing the first adaptation parameter of the individual hearing devices with one another, if at least one said first adaptation parameter of the individual hearing devices falls below the stored threshold value; f1) generating a second directional signal in each case based on synchronized adaptation parameters; and f2) generating an output signal in each of the individual hearing devices in each case based on the second directional signal. However, in the same field of endeavor, Merks et al’489 disclose a method comprising e) comparing the first adaptation parameter with a threshold value (Merks et al’489; Para [0074];[0030]); f) synchronizing the first adaptation parameter of the individual hearing devices with one another, if at least one said first adaptation parameter of the individual hearing devices falls below the stored threshold value (Merks et al’489; Para [0071][0074]-[0075][0079]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the parameter synchronization taught by Merks et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to improve the efficiency of the hearing devices (Merks et al’489; Para [0026]). Moreover, in the same field of endeavor, Merks et al disclose a method comprising e) comparing the first adaptation parameter with a stored threshold value (Merks et al; col 16; lines 4-10; lines 30-40); f1) generating a second directional signal in each case based on synchronized adaptation parameters (Merks et al; Fig 8; adaptive binaural beamformer generate a second directional signal based on received adaptation parameter αc interpreted as synchronized parameters); and f2) generating an output signal in each of the individual hearing devices in each case based on the second directional signal (Merks et al; Fig 8; output beamformer output signal to speaker 300a). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the parameter synchronization taught by Merks et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to preserve spatial cues (Merks et al; col 4; lines 35-40).
Regarding claim 2, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose which further comprises synchronizing said first adaptation parameter of the individual hearing devices with one another if the first adaptation parameter of both of the individual hearing devices fall below the threshold value. However, in the same field of endeavor, Merks et al’489 disclose a method which further comprises synchronizing said first adaptation parameter of the individual hearing devices with one another if the first adaptation parameter of both of the individual hearing devices fall below the threshold value (Merks et al’489; Para [0071][0074]-[0075][0079]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the parameter synchronization taught by Merks et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to improve the efficiency of the hearing devices (Merks et al’489; Para [0026]).
Regarding claim 10, Chatlani et al disclose a binaural hearing instrument, comprising: two signal-technically coupled individual hearing devices (Chatlani et al; Fig 1; Para [0004]) which in each case having a first input transducer for generating a first input signal from a sound signal of an environment (Chatlani et al; Fig 3; signal 28) and with in each case a second input transducer for generating a second input signal from the sound signal of the environment (Chatlani et al; Fig 3; signal 29) and with in each case a controller configured to carry out (Chatlani et al; Para [0061]; processing circuit interpreted as controller) but do not expressly disclose the method according to claim 1. However, in the same field of endeavor, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1. It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use steps of claim 1 taught by Chatlani et al in view of Merks et al’489 and further in view of Merks et al as features in the device taught by Chatlani. The motivation to do so would have been to improve the efficiency of the hearing devices (Merks et al’489; Para [0026]).
Claim(s) 3-5, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatlani et al (US 2013/0208896 A1) in view of Merks et al’489 (US 2020/0045489 A1) and further in view of Merks et al (US 10,425,745 B1) and further in view of Elko et al (WO 2007/106399 A2).
Regarding claim 3, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose which further comprises generating the second directional signal in each of the individual hearing devices by the linear combination of the forward signal and the backward signal with the synchronized adaptation parameter as the linear factor. However, in the same field of endeavor, Elko et al disclose a method which further comprises generating the second directional signal in each of the individual hearing devices by the linear combination of the forward signal and the backward signal with the synchronized adaptation parameter as the linear factor (Elko et al; output of sum 614 generates the second directional signal in each of the individual hearing devices by the linear combination of the forward signal CF and the backward signal CB with the adaptation parameter as the linear factor). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the directional signal taught by Elko et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to allow for a gradual transition between operations (Elko et al; Page 1; lines 30-34).
Regarding claim 4, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein the stored threshold value characterizes a parameter range at which the first directional signal has a subcardiod directional characteristic. However, in the same field of endeavor, Elko et al disclose a method wherein the stored threshold value characterizes a parameter range at which the first directional signal has a subcardiod directional characteristic (Elko et al; Table II subcardioid directional characteristic). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the directional signal taught by Elko et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to allow for a gradual transition between operations (Elko et al; Page 1; lines 30-34).
Regarding claim 5, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein the first adaptation parameter of each of the individual hearing devices has a range of values between -1 and 2, and in that a value 0 is used as the stored threshold value. However, in the same field of endeavor, Elko et al disclose a method wherein the first adaptation parameter of each of the individual hearing devices has a range of values between -1 and 2, and in that a value 0 is used as the stored threshold value (Elko et al; Table 1; adaptation parameter range). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the directional signal taught by Elko et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to allow for a gradual transition between operations (Elko et al; Page 1; lines 30-34).
Regarding claim 8, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein the forward signals are each generated based of a time-delayed superimposition of the first input signal with the second input signal implemented by means of a first delay parameter, and/or in that the backward signals are each generated on a basis of a time-delayed superimposition of the first input signal with the second input signal implemented by means of a second delay parameter. However, in the same field of endeavor, Elko et al disclose a method wherein the forward signals are each generated based of a time-delayed superimposition of the first input signal with the second input signal implemented by means of a first delay parameter (Elko et al; Fig 6; forward signals CF outputted by upper summer 610), and/or in that the backward signals are each generated on a basis of a time-delayed superimposition of the first input signal with the second input signal implemented by means of a second delay parameter (Elko et al; Fig 6; backward signals CB outputted by lower summer 610) It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the directional signal taught by Elko et al to synchronize the parameters taught by Chatlani. The motivation to do so would have been to allow for a gradual transition between operations (Elko et al; Page 1; lines 30-34).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatlani et al (US 2013/0208896 A1) in view of Merks et al’489 (US 2020/0045489 A1) and further in view of Merks et al (US 10,425,745 B1) and further in view of Ma et al (US 2019/0174235 A1).
Regarding claim 6, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein a maximum or minimum value of the first adaptation parameter is used for synchronization of the first adaptation parameter. However, in the same field of endeavor, Ma et al disclose a method wherein a maximum or minimum value of the first adaptation parameter is used for synchronization of the first adaptation parameter (Ma et al; Para [0055]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the adaptation parameter taught by Ma et al as adaptation parameters in the method taught by Chatlani. The motivation to do so would have been to provide maximal SNR improvements in both ears to supporting the listener in complex listening environments (Ma et al; Para [0037]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatlani et al (US 2013/0208896 A1) in view of Merks et al’489 (US 2020/0045489 A1) and further in view of Merks et al (US 10,425,745 B1) and further in view of Westermann (WO 99/43185 A1).
Regarding claim 7, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein the first adaptation parameter for synchronization is weighted as a function of a respective signal level of the first directional signal. However, in the same field of endeavor, Westermann discloses a method wherein the first adaptation parameter for synchronization is weighted as a function of a respective signal level of the first directional signal (Westermann; Page 19; lines 5-17). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the adaptation parameter taught by Westermann as adaptation parameter in the method taught by Chatlani. The motivation to do so would have been to compensate for loss of binaural perception (Westermann; Page 2; lines 10-15).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatlani et al (US 2013/0208896 A1) in view of Merks et al’489 (US 2020/0045489 A1) and further in view of Merks et al (US 10,425,745 B1) and further in view of Roeck et al (US 2004/0175008 A1).
Regarding claim 9, Chatlani et al in view of Merks et al’489 and further in view of Merks et al disclose the method according to claim 1, but do not expressly disclose wherein the forward signal of each of the individual hearing devices is generated as forward a cardioid directional signal, and in that the backward signal of each of the individual hearing devices is generated as a backward cardioid directional signal. However, in the same field of endeavor, Roeck et al disclose a method wherein the forward signal of each of the individual hearing devices is generated as forward a cardioid directional signal (Roeck et al; Fig 10; Para [0120]; forward signals CF), and in that the backward signal of each of the individual hearing devices is generated as a backward cardioid directional signal (Roeck et al; Para [0120]; Fig 10; backward signals CB). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the directional signal taught by Roeck et al as directional signal in the method taught by Chatlani. The motivation to do so would have been to provide an accurate estimation of the prevailing acoustical surrounding (Roeck et al; Para [0006]).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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