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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an acquisition unit configured to acquire a hearing level of a user; a setting unit configured to set a volume curve representing a relationship between the plurality of volume steps and the volume level according to the hearing level” as noted in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
See (fig.1 (11-12); par [25, 40, 44,73]).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Allowable Subject Matter
Claim (s) 7 is 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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 8-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Woodruff et al. (US 11, 368,776 B1).
Claim 1, Woodruff et al. disclose of a hearing apparatus capable of adjusting a volume 9level of an output sound by using a plurality of volume steps, comprising: an acquisition unit configured to acquire a hearing level of a user (col.4 line 11-18/memory to store hearing profile or the hearing level of a user); a setting unit configured to set a volume curve representing a relationship between the plurality of volume steps and the volume level according to the hearing level (fig.5; col.4 line 60-67; col.7 line 10-50); and a volume adjusting unit configured to adjust the volume level based on the volume curve, wherein the volume curve has a change point at a predetermined position and is defined in such a manner that inclinations of the volume curve before and after the change point are different from each other (fig.4 (attenuation); fig.5; col.7 line 30-40).
2. The hearing apparatus according to claim 1, wherein the change point is set in an intermediate range located between a minimum volume step and a maximum volume step among the plurality of volume steps (fig.5; the remapped volume as per step has varied change points).
8. A method for controlling a hearing apparatus capable of adjusting a volume level of an output sound by using a plurality of volume steps, comprising: an acquisition step of acquiring a hearing level of a user (col.4 line 11-18/memory to store hearing profile or the hearing level of a user); a setting step of setting a volume curve representing a relationship between the plurality of volume steps and the volume level according to the hearing level (fig.5; col.4 line 60-67; col.7 line 10-50); and a volume adjusting step of adjusting the volume level based on the volume curve, wherein the volume curve has a change point at a predetermined position and is defined in such a manner that inclinations of the volume curve before and after the change point are different from each other (fig.4 (attenuation); fig.5; col.7 line 30-40).
9. A non-transitory computer readable medium storing a program 3 for causing a computer to perform a method for controlling a hearing apparatus capable of adjusting a volume level of an output sound by using a plurality of volume steps, the method for controlling the hearing apparatus comprising: an acquisition step of acquiring a hearing level of a user (col.4 line 11-18/memory to store hearing profile or the hearing level of a user); a setting step of setting a volume curve representing a relationship between the plurality of volume steps and the volume level according to the hearing level (fig.5; col.4 line 60-67; col.7 line 10-50); and a volume adjusting step of adjusting the volume level based on the volume curve, wherein the volume curve has a change point at a predetermined position and is defined in such a manner that inclinations of the volume curve before and after the change point are different from each other (fig.4 (attenuation); fig.5; col.7 line 30-40).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff et al. (US 11, 368,776 B1) and Williams et al. (US 11,456,006 B2).
4. The hearing apparatus according to claim 1, but the prior art never specify as wherein the setting unit sets the volume curve for each of a left ear and a right ear.
But Williams et al. disclose of a similar apparatus, wherein setting unit sets the volume curve for each of a left ear and a right ear (fig.2 (10); col.8 line 30-42 & col.9 line 35-55). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect wherein setting unit sets the volume curve for each of a left ear and a right ear so as to provide the multichannel outputs corresponding to each user’s ear.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff et al. (US 11, 368,776 B1).
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3. The hearing apparatus according to claim 1, wherein the volume curve is defined in such a manner that: the known hearing level, change accordingly after the change point (see fig.5; col.7 line 40-55 & col.4 line 15-20).
But, the prior art never specify as the lower the hearing level is, the gentler an inclination after the change point than an inclination before the change point becomes; and the higher the hearing level is, the steeper the inclination after the change point than the inclination before the change point becomes.
But, one of the ordinary skills in the art could have modified the volume according to hearing level and change points by specifying if desired such aspect in manner the lower the hearing level is, the gentler an inclination after the change point than an inclination before the change point becomes; and the higher the hearing level is, the steeper the inclination after the change point than the inclination before the change point becomes for achieving the predicted result as to modify the volume according to user’s particular hearing profiles.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff et al. (US 11, 368,776 B1) and Li et al. (US 10,779,091 B2).
5. The hearing apparatus according to claim 1, wherein the acquisition unit measures the hearing level by performing a binary tree search using a binary tree having a plurality of nodes with each of which a volume level of a measurement sound is associated, and acquires the hearing level of the user based on the volume level of the measurement sound associated with a convergence point of the binary tree search.
However, Li et al. disclose of a similar apparatus with acquisition unit measures the hearing level by performing a binary tree search using a binary tree having a plurality of nodes with each of which a volume level of a measurement sound is associated, and acquires the hearing level of the user based on the volume level of the measurement sound associated with a convergence point of the binary tree search (col.14 line 40-67). Thus, one of the ordinary skills in the art could have modified the prior art by adding such aspect as to measures the hearing level by performing a binary tree search using a binary tree having a plurality of nodes with each of which a volume level of a measurement sound is associated, and acquires the hearing level of the user based on the volume level of the measurement sound associated with a convergence point of the binary tree search so as to determine the particular user’s hearing profile according to a binary search algorithms.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff et al. (US 11, 368,776 B1) and woodruff et al. (US 11,418,894 B2).
6. The hearing apparatus according to claim 1, wherein a plurality of volume curves having ranges for adjusting for the volume level different from one another are defined, and the setting unit sets one of the plurality of volume curves according to the hearing level of the user.
But, woodruff et al. disclose of similar concept regarding plurality of volume curves having ranges for adjusting for the volume level different from one another are defined, and the setting unit sets one of the plurality of volume curves according to the hearing level of the user (fig.2; col.6 line 15-45). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to plurality of volume curves having ranges for adjusting for the volume level different from one another are defined, and the setting unit sets one of the plurality of volume curves according to the hearing level of the user so as to deliver clear and improve sound to user despite particular hearing loss profile.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chin, Vivian can be reached at (571) 278-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DISLER PAUL/Primary Examiner, Art Unit 2695
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