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 .
Status of Application
This communication is responsive to the applicant's preliminary amendment filed 03/04/2025
Claims 21-40 are pending. Claims 1-20 have been cancelled.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l) (1) - 706.02(l) (3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 and 14 of U.S. Patent No. 11,245,984. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21, 34, and 29 of the current Application are broader than claims 7 and 14 in the patent. See 214 U.S.P.Q. 761 In re Van Ornum and Stanz.
Claim 39 recites “a non-transitory computer-readable medium", and “a computer system” for implementing the method of claim 34, and process of audio system claim 21, claim 39 is rejected for the same reasoning as set forth in method claim 34 and audio system claim 21.
Below is a chart showing the similarities and differences of instant application independent claims 21, and 34; and U.S. Patent No. 11,245,984, dependent claims 7 and 14.
19/000,127
11,245,984
34. A method performed by an audio system, the method comprising:
capturing, via one or more microphones and from a local area,
sounds including a leakage signal;
determining a mitigation signal that is out-of-phase to the leakage signal; and providing the mitigation signal as an output signal that suppresses the leakage signal.
An audio system comprising:
one or more microphones that capture sounds, from a local area,
including a leakage signal;
an audio controller that determines a mitigation signal that is out-of-phase to the leakage signal; and a transducer array that provides the mitigation signal as an output signal, wherein the mitigation signal suppresses the leakage signal.
1. A method comprising:
capturing, by one or more microphones, sound from a local area;
identifying one or more sound sources in the local area based on the captured sound;
determining a target sound source of the one or more sound sources;
determining one or more filters to apply to a sound signal associated with the target sound source in the captured sound, wherein the one or more filters are based in part on a sound profile of the user, the sound profile including at least a user audiogram;
generating an augmented sound signal by applying the one or more filters to the sound signal;
providing the augmented sound signal to a speaker assembly for presentation to a user; and
updating the sound profile of the user based on user feedback.
5. The method of claim 1, wherein providing the augmented sound signal to the speaker assembly for presentation to the user, comprises: providing the augmented sound signal to the speaker assembly of an in-ear device worn by the user.
7. The method of claim 5, further comprising:
capturing, by one or more microphones, a leakage signal from the in-ear device;
determining a mitigation signal to substantially prevent the leakage signal, the mitigation signal is out-of-phase to the leakage signal; and
providing the mitigation signal as an output signal to a separate speaker assembly coupled to a headset.
11. A system comprising:
one or more microphones coupled to a frame of a headset, the one or more microphones configured to capture sound from a local area;
an audio controller integrated into the headset and communicatively coupled to an in-ear device worn by a user; the audio controller configured to:
identify one or more sound sources in the local area based on the captured sound;
determine a target sound source of the one or more sound sources; determine one or more filters to apply to a sound signal associated with the target sound source in the captured sound, wherein the one or more filters are based in part on a sound profile of the user, the sound profile including at least a user audiogram;
generate an augmented sound signal by applying the one or more filters to the sound signal;
provide the augmented sound signal to the in-ear device for presentation to a user; and
update the sound profile of the user based on user feedback.
14. The system of claim 11, wherein the one or more microphones capture a leakage signal from the in-ear device, and the audio controller is further configured to:
determine a mitigation signal to substantially prevent the leakage signal, the mitigation signal is out-of-phase to the leakage signal; and
provide the mitigation signal as an output signal to a separate speaker assembly coupled to the headset.
Dependent claims 21-33, 35-38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over dependent claims 2-4, 6-10; 12-13 and 15-16 of U.S. Patent No. 11,245,984 since the dependent claims of the instant application are worded substantially the same as the dependent claims of U.S. Patent No. 11,245,984; and it would have been obvious to of ordinary skill in the art to modify claims 7 and 14 with various limitations as presented in dependent claims 2-4, 6-10; 12-13 and 15-16 of U.S. Patent No. 11,245,984 to further enhance signal processing for improving mitigation signal to suppress leakage signal of the audio system and method as recited.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 14 of U.S. Patent No. 12,219,331. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21, 34, and 29 of the current Application are broader than claims 1 and 14 in the patent. See 214 U.S.P.Q. 761 In re Van Ornum and Stanz.
Claim 39 recites “a non-transitory computer-readable medium", and “a computer system” for implementing the method of claim 14, and process of audio system claim 1, claim 39 is rejected for the same reasoning as set forth in audio system claim 1, and method claim 14.
Below is a chart showing the similarities and differences of instant application independent claims 21, and 34; and U.S. Patent No. 12,219,331, independent claims 1, and 14.
19/000,127
12,219,331
21. An audio system comprising:
one or more microphones that capture sounds, from a local area, including a leakage signal;
an audio controller that determines a mitigation signal that is out-of-phase to the leakage signal; and
a transducer array that provides the mitigation signal as an output signal, wherein the mitigation signal suppresses the leakage signal.
34. A method performed by an audio system, the method comprising:
capturing, via one or more microphones and from a local area, sounds including a leakage signal;
determining a mitigation signal that is out-of-phase to the leakage signal; and
providing the mitigation signal as an output signal that suppresses the leakage signal.
1. An audio system comprising:
a head-mounted device worn by a user;
one or more microphones configured to capture sounds from a local area, the captured sounds including a leakage signal from the head-mounted device;
an audio controller configured to determine a mitigation signal that is out-of-phase to the leakage signal; and
a transducer array configured to provide the mitigation signal as an output signal, wherein the mitigation signal suppresses the leakage signal.
14. A method performed by an audio system, the method comprising:
capturing, by one or more microphones of the audio system, sounds from a local area, the captured sounds including a leakage signal from a head-mounted device of the audio system worn by a user;
determining, by an audio controller of the audio system, a mitigation signal that is out-of-phase to the leakage signal; and
providing, by a transducer array of the audio system, the mitigation signal as an output signal, wherein the mitigation signal suppresses the leakage signal.
Dependent claims 21-33, 35-38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over dependent claims 2-13, and 15-18 of U.S. Patent No. 12,219,331 since the dependent claims of the instant application are worded substantially the same as the dependent claims of U.S. Patent No. 12,219,331; and it would have been obvious to of ordinary skill in the art to modify claims 1 and 14 with various limitations as presented in dependent claims 2-13, and 15-18 of U.S. Patent No. 12,219,331 to further enhance signal processing for improving mitigation signal to suppress leakage signal of the audio system and method as recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Issued patent(s) 11,843,926 of parent application(s) 17/577,393 is/are made of record here as pertinent art to the claimed invention.
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/XU MEI/ Primary Examiner, Art Unit 2695 06/25/2026
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