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 .
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11315540 B2; claims 1-18 of U.S. Patent No. 11830469 B2; and claims 1-20 of U.S. Patent No.12223940 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious wording variation of the patented claim language as mapped in the table below.
Application 19/021106
U.S. Patent No. 11315540 B2
U.S. Patent No. 11830469 B2
U.S. Patent No.12223940 B2
Claim 1
See Claim: 1,4
See Claim: 1
See Claim: 1,2
Claim 2
See Claim: 7
See Claim: 9
See Claim: 13
Claim 3
See Claim: 7
See Claim: 9
See Claim: 13
Claim 4
See Claim: 12
See Claim: 1
See Claim: 3
Claim 5
See Claim: 7
See Claim: 16
See Claim: 19
Claim 6
See Claim: 6
See Claim: 11
See Claim: 15
Claim 7
See Claim: 3
See Claim: 5
See Claim: 7
Claim 8
See Claim: 2
See Claim: 6
See Claim: 8
Claim 9
See Claim: 1,4
See Claim: 7
See Claim: 9
Claim 10
See Claim: 7
See Claim: 9
See Claim: 13
Claim 11
See Claim: 7
See Claim: 9
See Claim: 13
Claim 12
See Claim: 7
See Claim: 7
See Claim: 11
Claim 13
See Claim: 7
See Claim: 16
See Claim: 19
Claim 14
See Claim: 2
See Claim: 6
See Claim: 8
Claim 15
See Claim: 6
See Claim: 4
See Claim: 6
Claim 16
See Claim: 13,17
See Claim: 12
See Claim: 16
Claim 17
See Claim: 1
See Claim: 13
See Claim: 17
Claim 18
See Claim: 7
See Claim: 16
See Claim: 19
Claim 19
See Claim: 13,17
See Claim: 12
See Claim: 16,18
Claim 20
See Claim: 13,17
See Claim: 18
See Claim: 20
Claim Rejections - 35 USC § 102
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 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) 1-3, 5-11, 13 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shinmen et al (US 20210067863 A1).
With respect to claim 1, Shinmen discloses a system for reducing noise, comprising:
a first detector (fig.32 #320-2) configured to detect a noise transmitted to a user from a first sound pathway, and determine a noise signal for representing the noise, wherein the first detector is an air conduction microphone and the first sound pathway is an air conduction pathway (Par.[0300] FF-NS microphone #320-2 detects noise on a first sound pathway from a noise source to the FF-NS microphone);
a second detector (fig.32 #320-3) configured to determine an error signal (Par.[0301] ear canal microphone #320-3 captures an error signal within the ear canal of a user);
a processor (fig.31 #331; Par.[0315]) configured to determine a noise correction signal based on the error signal and the noise signal (Par.[0344-0346] noise correction signals are generated by a signal processing unit #331 based on both the FF-NC microphone #320-2 l and FB-NC microphone #320-1 signals); and
a bone conduction speaker (fig.32 #310) configured to generate a sound based on the noise correction signal, wherein the sound is used to reduce the noise and is transmitted to the user through a second sound pathway, and the second sound pathway is a bone conduction pathway (Par.[0347] noise correction signals are output via driver #310 to interfere with noise N within the ear canal of the user; Par.[0569] the audio output unit #310 may be a bone conduction speaker, wherein a sound pathway of the output noise correction signal is a bone conduction pathway).
With respect to claim 2, Shinmen discloses the system of claim 1, wherein to determine the noise correction signal based on the error signal and the noise signal, the processor performs operations including:
determining a first transfer function of the air conduction pathway (fig.32 #404 “F2”; Par.[0329]);
determining a second transfer function of the bone conduction pathway (fig.32 #403 “F1”; Par.[0328]);
determining an amplitude adjustment coefficient corresponding to the air conduction pathway (fig.32 #414 “-ɑ”) and the bone conduction pathway (fig.32 #411 “-ß1”) based on the first transfer function and the second transfer function; and
determining the noise correction signal at least based on the error signal, the noise signal, and the amplitude adjustment coefficient corresponding to the air conduction pathway and the bone conduction pathway (Par.[0344-0345]).
With respect to claim 3, Shinmen discloses the system of claim 2, wherein the first transfer function of the air conduction pathway is determined based on a sound intensity of a received noise of the user and a sound intensity of the noise transmitted to the user through the air conduction pathway, and the second transfer function of the bone conduction pathway is determined based on a sound intensity of received sound of the user and a sound intensity of the sound transmitted to the user through the bone conduction pathway (Par.[0344-0345]).
With respect to claim 5, Shinmen discloses the system of claim 1, wherein the noise signal includes a plurality of sub-band noise signals having different frequency bands, and the noise correction signal includes a plurality of sub-band noise correction signals. It is an inherent fact that environmental noise comprises components within different frequency bands and that the noise correction signal generated by Shinmen would comprise an anti-phase signal within corresponding frequency bands of the noise signal.
With respect to claim 6, Shinmen discloses the system of claim 1, wherein the processor includes a modulator configured to perform amplitude modulation and/or phase modulation (Par.[0446] the device may comprise a wireless communication unit #170 for performing at least an amplitude modulation (AM)).
With respect to claim 7, Shinmen discloses the system of claim 1, wherein the second detector is an error microphone (Par.[0322] “FB-NC microphone 320-1 as an error microphone of FB-NC”).
With respect to claim 8, Shinmen discloses the system of claim 1, wherein the error signal corresponds to a superposition of a primary sound field and a secondary sound field, the primary sound field corresponds to the noise, and the secondary sound field corresponds to the sound (Par.[0324] the error signal is a result of interference between the noise correction signal, environment noise, and desired sound, therefore the error signal corresponds to the superposition of sound fields corresponding to noise and desired sound).
With respect to claim 9, Shinmen discloses a method for reducing noise, comprising:
determining a noise signal by detecting, by a detector, a noise transmitted to a user from a first sound pathway, wherein the detector is an air conduction microphone and the first sound pathway is an air conduction pathway (Par.[0300] FF-NS microphone #320-2 detects noise on a first sound pathway from a noise source to the FF-NS microphone);
determining a noise correction signal, by a processor, based on an adaptive adjustment process and the noise signal (Par.[0344-0346] noise correction signals are generated by a signal processing unit #331 based on both the FF-NC microphone #320-2 l and FB-NC microphone #320-1 signals)(Par.[0359-0361] As shown in figure 33, the noise cancellation process may be performed via an adaptive adjustment process by adaptive control unit #415) ; and
generating a sound, by a bone conduction speaker, based on the noise correction signal, wherein the sound is used to reduce the noise and is transmitted to the user through a second sound pathway, and the second sound pathway is a bone conduction pathway (Par.[0347] noise correction signals are output via driver #310 to interfere with noise N within the ear canal of the user; Par.[0569] the audio output unit #310 may be a bone conduction speaker, wherein a sound pathway of the output noise correction signal is a bone conduction pathway).
With respect to claim 10, Shinmen discloses the method of claim 9, wherein the determining a noise correction signal, by a processor, based on an adaptive adjustment process and the noise signal comprises:
determining a first transfer function of the air conduction pathway (fig.32 #404 “F2”; Par.[0329]);
determining a second transfer function of the bone conduction pathway (fig.32 #403 “F1”; Par.[0328]);
determining an amplitude adjustment coefficient corresponding to the air conduction pathway (fig.32 #414 “-ɑ”) and the bone conduction pathway (fig.32 #411 “-ß1”) based on the first transfer function and the second transfer function; and
determining the noise correction signal at least based on the adaptive adjustment process, the noise signal, and the amplitude adjustment coefficient corresponding to the air conduction pathway and the bone conduction pathway (Par.[0344-0345]).
With respect to claim 11, Shinmen discloses the method of claim 10, wherein the first transfer function of the air conduction pathway is determined based on a sound intensity of a received noise of the user and a sound intensity of the noise transmitted to the user through the air conduction pathway, and the second transfer function of the bone conduction pathway is determined based on a sound intensity of received sound of the user and a sound intensity of the sound transmitted to the user through the bone conduction pathway (Par.[0344-0345]).
With respect to claim 13, Shinmen discloses the method of claim 9, wherein the noise signal includes a plurality of sub-band noise signals having different frequency bands, and the noise correction signal includes a plurality of sub-band noise correction signals. It is an inherent fact that environmental noise comprises components within different frequency bands and that the noise correction signal generated by Shinmen would comprise an anti-phase signal within corresponding frequency bands of the noise signal.
With respect to claim 15, Shinmen discloses the method of claim 9, wherein the processor includes a modulator configured to perform amplitude modulation and/or phase modulation (Par.[0446] the device may comprise a wireless communication unit #170 for performing at least an amplitude modulation (AM)).
With respect to claim 16, Shinmen discloses a system for reducing noise, comprising:
a detector configured to generate a noise signal, wherein the noise signal indicates a second noise perceived by a user and the second noise includes a residual sound in an inner ear of the user (Par.[0301] ear canal microphone #320-3 captures a residual error signal within the ear canal of a user);
a processor configured to determine a noise correction signal based on the noise signal (Par.[0344-0346] noise correction signals are generated by a signal processing unit #331 based on both the FF-NC microphone #320-2 l and FB-NC microphone #320-1 signals); and
a speaker configured to generate a sound based on the noise correction signal, wherein the speaker is a bone conduction speaker, and the sound is transmitted to the user through a bone conduction pathway (Par.[0347] noise correction signals are output via driver #310 to interfere with noise N within the ear canal of the user; Par.[0569] the audio output unit #310 may be a bone conduction speaker, wherein a sound pathway of the output noise correction signal is a bone conduction pathway).
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinmen et al (US 20210067863 A1) in view of Seagriff et al (US 20180226064 A1).
With respect to claim 18, Shinmen discloses the system of claim 16, however does not disclose expressly wherein the system further comprises one or more filters configured to decompose the noise signal into one or more sub-band noise signals.
Seagriff discloses a system for reducing noise comprising a detector (fig.6 #26) configured to generate a noise signal, wherein the noise signal indicates a second noise perceived by a user and the second noise includes a residual sound in an inner ear of the user, and wherein the system further comprises one or more filters (fig.6 #52) configured to decompose the noise signal into one or more sub-band noise signals (Par.[0082-0083] feedback residual noise signals are decomposed into frequency sub-bands for comparing to frequency sub-bands of the noise signal #40 in order to perform adjustments on each sub-band of the anti-noise signal).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to implement the sub-band processing of Seagriff in the feedback processing of Shinmen. The motivation for doing so would have been to adjust the anti-noise signal to cancel residual noise within the ear canal on a frequency sub-band basis.
Allowable Subject Matter
Claims 4, 12, 14, 17 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon filing a Terminal Disclaimer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhong et al (US 9324313 B1) discloses a system for implementing bone conduction-based noise cancellation for air-conducted sound.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695
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