DETAILED ACTION
Response to Amendment
This is in response to Applicants Preliminary Amendment filed 01/23/2025 which has been entered. No Claims have been amended. Claims 1-24 have been cancelled. Claims 25-44 have been added. Claims 25-44 are still pending in this application, with Claims 25 and 35 being independent.
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 Objections
Claims 27 and 37 are objected to because of the following informalities: Claims 27 and 37 state …wherein obtaining at least one spatial sound environment parameter comprises analysing the at least two microphone audio signals to determine the at least one spatial sound environment parameter. Appropriate correction is required.
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)(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.
Claim(s) 25-27, 29-31, 33-37 and 39-44 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fichtl (2021/0092534 A1).
As per Claim 25, Fichtl teaches a method, comprising: obtaining at least one microphone audio signal (Figure 1 – Reference 112; Figure 2 – Reference 212; Page 5, Paragraph [0048]; Page 7, Paragraph [0077]); obtaining at least one spatial sound environment parameter associated with the at least one microphone audio signal (Figure 2 – Reference 220; Page 8, Paragraph [0078]); obtaining at least one monitored control setting, the monitored control setting determined with monitoring a plurality of control settings for an audio application (Figure 2 – Reference 230; Page 9, Paragraph [0090]).
(Note: In paragraph [0077], Fichtl describes an acoustic input as including one or more microphones configured to receive/pick-up acoustic signals. In paragraph [0078], Fichtl indicates that acoustic signals captured by a microphone may be passed to a classifier that identifies the hearing environment type [i.e. a car, a noisy environment, engaged in conversation, in a room, outdoors, etc.]. In paragraph [0090], Fichtl describes a psychoacoustic modeler receiving the classification of the hearing environment along with user occurrence data, user activity data and user preference data)
Fichtl also teaches adjusting at least one audio application tuning parameter based on at least one of: the at least one spatial sound environment parameter (Page 9, Paragraph [0092]); or the at least one monitored control setting (Page 10, Paragraphs [0094], [0095], [0098] and [0099]). (Note: In paragraph [0092], Fichtl indicates that among other things the hearing activity sensor may include a voice recognition sensor, a speech analyzer, a language detection sensor, a reverberation sensor and/or a vibration sensor)
(Note: In paragraphs [0098], Fichtl describes the controller of the hearing device controlling the operating parameters of the hearing device and provides examples of the controller controlling the venting provided by the hearing device and the operation of the hearing device microphones receiving sound data [based on data received from language detection sensor, voice recognition sensor, acoustic sensor, etc. – See paragraph {0092}])
Fichtl further teaches controlling the audio application based on the at least one audio application tuning parameter, the application comprising an audio signal processing of the at least one microphone audio signal (Figure 2 – Reference 223 and 227; Page 10, Paragraphs [0095] and [0098]). (Note: In paragraphs [0095] and [0098], Fichtl describes the controller controlling the signal processor which is responsible for running the audio application to change the parameters accordingly)
As per Claims 26 and 36, Fichtl teaches wherein obtaining at least one microphone audio signal further comprises obtaining at least two microphone audio signals (Page 5, Paragraph [0050]; Page 7, Paragraph [0077] – Page 8, Paragraph [0078]). (Note: In paragraph [0077], Fichtl describes multiple microphones picking up acoustic signals in a listening environment [i.e. outside in a noisy environment]. In an outdoor noisy environment presence of at least two microphone audio signals is inherently taught)
As per Claims 27 and 37, Fichtl teaches wherein obtaining at least one spatial sound environment parameter comprises analyzing the at least two microphone audio signals to determine the at least one spatial sound environment parameter (Reverberation Sensor: Figure 2 – Reference 240; Page 9, Paragraph [0092]). (Note: In paragraph [0092], Fichtl describes a hearing activity sensor which can include among other things a reverberation sensor)
As per Claims 29 and 39, Fichtl teaches wherein obtaining the at least one monitored control setting comprises monitoring at least one desired control parameter value for the audio application (Page 6, Paragraphs [0058] and [0059]). (Note: In paragraph [0058], Fichtl describes the psychoacoustic model adjusting the operating parameters of the hearing device in response to user feedback, user activity and occurrence data)
(Note: In paragraph [0059], Fichtl describes rule-based criteria that considers properties of acoustic coupling, acoustic situations and signal processing characteristics. Fichtl indicates that the rule-based criteria may comprise one or more operation ranges [e.g. ranges for hearing device operation parameters])
As per Claims 30 and 40, Fichtl teaches controlling at least one audio application tuning parameter limit (Page 6, Paragraphs [0058] and [0059]). (Note: The Examiner is considering the operation ranges described by Fichtl as reading on the claimed language)
As per Claims 31 and 41, Fichtl teaches wherein adjusting the at least one audio application tuning parameter comprises: storing the at least one of: the at least one spatial sound environment parameter; or the at least one monitored control setting for a defined analysis period; and determining an at least one audio application tuning parameter limit based on at least one of: the at least one spatial sound environment parameter; or the at least one monitored control setting, over the defined analysis period (Page 5, Paragraph [0050]; Page 5, Paragraph [0059]; Page 8, Paragraph [0083]).
(Note: In paragraph [0050], Fichtl describes potential sound situations – listening environments – such as driving in a car, listening to music at a concert, talking in a crowd, etc. In paragraph [0059], Fichtl describes rule-based criteria relying on one or more operational ranges to execute actions. In paragraph [0083], Fichtl describes a psychoacoustic modeler generating a range of acceptable acoustic outputs and controls the hearing device to produce an acoustic output within this range taking into consideration performance limits, hearing environment, location, etc.)
As per Claims 33 and 43, Fichtl teaches wherein determining the at least one audio application tuning parameter limit comprises maintaining at least one audio application tuning parameter limit maximum value otherwise (Page 8, Paragraph [0083]). (Note: In paragraph [0083], Fichtl indicates that the psychoacoustic modeler generates ranges of acoustic outputs that acceptable to the user and controls the hearing device to produce acoustic output within a specific range)
As per Claims 34 and 44, Fichtl teaches wherein an at least one audio application tuning parameter limit comprises at least one of: a processing control parameter range; a processing control parameter value maximum; or a processing control parameter value as described in Claims 29 and 30.
As per Claim 35, Fichtl teaches a method as described in Claim 25. Fichtl also teaches at least one processor (Page 4, Paragraph [0040]) and at least one memory storing instructions executed by the at least one processor (Page 4, Paragraphs [0039] and [0040]).
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) 28, 32, 38 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Fichtl (2021/0092534 A1) in view of HU (2016/0142830 A1).
As per Claims 28 and 38, Fichtl teaches wherein the at least one spatial sound environment parameter comprises at least one of: an environment spatial classification associated with the at least one microphone audio signal, the classification identifying a type of environment within which the at least one microphone audio signal is captured (Page 5, Paragraph [0050]).
Fichtl also teaches at least one sound source direction with respect to the apparatus sources associated with the at least one microphone audio signal (Page 9, Paragraph [0092]); or a classification of at least one sound source associated with the at least one microphone audio signal (Classifier: Figure 2 – Reference 220; Page 8, Paragraph [0078]).
Fichtl does not teach a determined number of sound sources associated with the at least one microphone audio signal; a frequency response of at least one sound source associated with the at least one microphone audio signal; at least one sound source location associated with the at least one microphone audio signal; at least one sound source position associated with the at least one microphone audio signal.
However, Hu teaches a determined number of sound sources associated with the at least one microphone audio signal; a frequency response of at least one sound source associated with the at least one microphone audio signal; at least one sound source location associated with the at least one microphone audio signal; at least one sound source position associated with the at least one microphone audio signal (Page 5, Paragraphs [0077] and [0078]; Page 6, Paragraphs [0098] and [0099]).
(Note: In paragraphs [0077] and [0078], Hu describes associating multiple frequencies with a particular sound source or multiple sound sources. The calculated location(s) are used to determine if there is one sound source or multiple sound sources. In paragraph [0098], Hu describes grouping frequencies associated with different sound positions according to distance so that frequencies associated with a common sound source location are grouped as a single sound source)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and apparatus taught by Fichtl with the method and apparatus taught by Hu to enable hearing impaired individuals to follow conversations more easily and navigate noisy environments with greater confidence.
As per Claims 32 and 42, the combination of Fichtl and Hu teach wherein determining the at least one audio application tuning parameter limit comprises one of: increasing at least one audio application tuning parameter limit maximum value when the at least one monitored control setting over the defined analysis period is greater than a threshold value for more than a defined portion of the defined analysis period; or decreasing at least one audio application tuning parameter limit maximum value when the at least one monitored control setting over the defined analysis period is less than the threshold value for more than a defined portion of the defined analysis period. (Note: When seeking to calibrate a hearing device it is found to be obvious to consider every tuning parameter [e.g. limits] when configuring settings/parameters over a defined analysis period)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and apparatus taught by Fichtl with the method and apparatus taught by Hu to enable hearing impaired individuals to follow conversations more easily and navigate noisy environments with greater confidence.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tourbabin et al (2022/0060820 A1), VESA (2021/0368263 A1), Faundez Hoffmann et al (2023/0093585 A1), Gandhi et al (2019/0069107 A1), Simonides et al (2017/0230764 A1), Cornelisse et al (2010/0202637 A1) and Nakadai et al (2020/0077218 A1). Each of these describes systems and methods of capturing audio signals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693
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