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 02/12/2025 is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “a degree correction amount or a frequency band range” in line 2, and the claim also recites “wherein the degree correction amount is obtained by the target terminal by detecting an operation on the adjustment degree setting control and wherein the frequency band range is obtained by the target terminal by detecting an operation on the frequency band range setting control” in lines 9-12 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 9 is also rejected due to it’s dependency on claim 8.
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)(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.
(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, 2, 4, 5, 7, 8, 10, 11, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sabin et al (US Pub No. 2021/0345047, hereinafter Sabin).
Regarding claim 1, Sabin teaches a signal processing method (¶ [0005], methods of enhancing hearing assist), applied to a hearing aid apparatus (Fig 1, wearable hearing assist device 100), wherein the method comprises: collecting a first signal (Fig 1, microphone inputs 116) and a second signal (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112) when it is detected that a user wears the hearing aid apparatus (¶ [0034 & 0066], sensors 112 such as accelerometers and bone conductive transducers capable of determining if a user is wearing the wearable hearing assist device 100) and the user makes a sound (Fig 1, voice activity detector 110), wherein the first signal comprises a sound signal of the user and a surrounding ambient sound signal (¶ [0036], acoustic signals captured by microphones 114 include user’s voice and external ambient acoustic signals), and the second signal comprises the sound signal of the user (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112); processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal (Fig 1, voice activity detector 110 sends user’s voice signals from sensor 112 and microphones 114 to voice suppression system 104 to produce an altered output signal); and playing the target signal through an ear speaker (Fig 1 & ¶ [0033], output amplified audio signals via electrostatic transducer 118).
Regarding claim 2, Sabin teaches the method according to claim 1, wherein the processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal comprises: filtering the first signal based on the second signal to obtain a filtering gain (¶ [0041], first set of ANR filters optimized to reduce occlusion when user’s voice is detected); and performing attenuation processing on the sound signal of the user in the first signal based on the filtering gain to obtain the target signal (Fig 1 & ¶ [0042], output signal attenuated prior to being sent to electrostatic transducer 118).
Regarding claim 4, Sabin teaches the method according to claim 2, wherein the filtering the first signal based on the second signal to obtain a filtering gain comprises: filtering the first signal based on the second signal to obtain an original filtering gain (¶ [0038], gain reduction); obtaining a frequency band range; and adjusting, based on the frequency band range, a frequency band on which the original filtering gain is enabled to obtain the filtering gain (¶ [0041], active noise reduction (ANR) used to eliminate unwanted frequency bands to remove occlusion).
Regarding claim 5, Sabin teaches the method according to claim 1, wherein the processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal comprises: enhancing the first signal based on the second signal to obtain a compensated signal; and performing enhancement processing on the sound signal of the user in the first signal based on the compensated signal to obtain the target signal (Fig 1 & ¶ [0062], voice activity detector 110 receives user’s voice signals to suppress amplification and enhance performance).
Regarding claim 7, Sabin teaches the method according to claim 5, wherein the enhancing the first signal based on the second signal to obtain a compensated signal comprises: obtaining a frequency band range; and enhancing, based on the second signal, the first signal belonging to the frequency band range to obtain the compensated signal (¶ [0041], active noise reduction (ANR) used to eliminate unwanted frequency bands to remove occlusion).
Regarding claim 8, Sabin teaches the method according to claim 4, wherein the obtaining at least one of a degree correction amount or a frequency band range comprises: establishing a communication connection to a target terminal (Fig 2 & ¶ [0044], communication between wearable hearing assist device 200 and accessory 202 via communication system 210 and 212), wherein the target terminal is configured to display a parameter adjustment interface (Fig 2, user controls 222), and the parameter adjustment interface comprises an adjustment degree setting control (¶ [0045], user controls 222 allow user to adjust between a first and second amplification level); and receiving the degree correction amount wherein the degree correction amount is sent by the target terminal (¶ [0045], amplifier control signal sent back to device 200), wherein the degree correction amount is obtained by the target terminal by detecting an operation on the adjustment degree setting control (¶ [0044-0045], output signal processed based on user control settings 222).
Regarding claim 10, Sabin teaches the method according to claim 1, wherein the collecting a first signal and a second signal when it is detected that a user wears the hearing aid apparatus and the user makes a sound comprises: detecting, via a first sensor, whether the user wears the hearing aid apparatus (¶ [0034 & 0066], sensors 112 such as accelerometers and bone conductive transducers capable of determining if a user is wearing the wearable hearing assist device 100); detecting, via a third sensor, whether the user is in a quiet environment if the user wears the hearing aid apparatus (Fig 1, microphones 114 used to pick up ambient acoustic signals); detecting, via a second sensor, whether the user makes the sound if the user is in the quiet environment (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112); and collecting the first signal and the second signal if the user makes the sound (Fig 1, voice activity detector 110).
Regarding claim 11, Sabin teaches a device control method (¶ [0005], methods of enhancing hearing assist), applied to a terminal (Fig 2, accessory 202), wherein the method comprises: establishing a communication connection to a hearing aid apparatus (Fig 2 & ¶ [0044], communication between wearable hearing assist device 200 and accessory 202 via communication system 210 and 212), wherein the hearing aid apparatus is configured to perform operations comprising: collecting a first signal (Fig 1, microphone inputs 116) and a second signal (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112) when it is detected that a user wears the hearing aid apparatus (¶ [0034 & 0066], sensors 112 such as accelerometers and bone conductive transducers capable of determining if a user is wearing the wearable hearing assist device 100) and the user makes a sound (Fig 1, voice activity detector 110), wherein the first signal comprises a sound signal of the user and a surrounding ambient sound signal (¶ [0036], acoustic signals captured by microphones 114 include user’s voice and external ambient acoustic signals), and the second signal comprises the sound signal of the user (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112); processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal (Fig 1, voice activity detector 110 sends user’s voice signals from sensor 112 and microphones 114 to voice suppression system 104 to produce an altered output signal); and playing the target signal through an ear speaker (Fig 1 & ¶ [0033], output amplified audio signals via electrostatic transducer 118); displaying a parameter adjustment interface (Fig 2, user controls 222), wherein the parameter adjustment interface comprises an adjustment degree setting control (¶ [0045], user controls 222 allow user to adjust between a first and second amplification level), wherein the method comprises at least one of: detecting an operation on the adjustment degree setting control to obtain a degree correction amount (¶ [0045], user control setting detected to set amplification level); and sending the degree correction amount to the hearing aid apparatus (¶ [0045], amplifier control signal sent back to device 200), wherein the hearing aid apparatus processes the sound signal of the user in the first signal based on the degree correction amount to obtain the target signal (¶ [0044-0045], output signal processed based on user control settings 222).
Regarding claim 18, Sabin teaches an electronic device (Fig 1, wearable hearing assist device 100), comprising: at least one processor (¶ [0063], processor); and one or more memories coupled to the at least one processor and storing programming instructions for execution by the at least one processor to perform operations (¶ [0063], a computer program tangibly embodied in an information carrier, such as one or more non-transitory machine-readable media, for execution by, or to control the operation of, one or more data processing apparatus, e.g., a programmable processor) comprising: collecting a first signal (Fig 1, microphone inputs 116) and a second signal (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112) when it is detected that a user wears the electronic device(¶ [0034 & 0066], sensors 112 such as accelerometers and bone conductive transducers capable of determining if a user is wearing the wearable hearing assist device 100) and the user makes a sound (Fig 1, voice activity detector 110), wherein the first signal comprises a sound signal of the user and a surrounding ambient sound signal (¶ [0036], acoustic signals captured by microphones 114 include user’s voice and external ambient acoustic signals), and the second signal comprises the sound signal of the user (Fig 1 & ¶ [0034], user’s voice signal picked up by sensor 112); processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal (Fig 1, voice activity detector 110 sends user’s voice signals from sensor 112 and microphones 114 to voice suppression system 104 to produce an altered output signal); and playing the target signal through an ear speaker (Fig 1 & ¶ [0033], output amplified audio signals via electrostatic transducer 118).
Regarding claim 19, Sabin teaches the electronic device according to claim 18, wherein the processing the sound signal of the user in the first signal based on the first signal and the second signal to obtain a target signal comprises: filtering the first signal based on the second signal to obtain a filtering gain (¶ [0041], first set of ANR filters optimized to reduce occlusion when user’s voice is detected); and performing attenuation processing on the sound signal of the user in the first signal based on the filtering gain, to obtain the target signal (Fig 1 & ¶ [0042], output signal attenuated prior to being sent to electrostatic transducer 118).
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) 3 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al (US Pub No. 2021/0345047, hereinafter Sabin) as applied to claims above, and further in view of Goekay et al (US Pub No. 2021/0076134, hereinafter Goekay).
Regarding claim 3, Sabin teaches the method according to claim 2.
Sabin does not explicitly teach filtering the sound signal of the user in the first signal based on the second signal to obtain an expected signal; and calculating a ratio of the expected signal to the first signal to obtain the filtering gain.
Goekay teaches filtering the sound signal of the user in the first signal based on the second signal to obtain an expected signal (See Goekay fig 1, desired value of voice volume S1); and calculating a ratio of the expected signal to the first signal to obtain the filtering gain (See Goekay fig 1, difference between desired value and actual value S3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the calculated ratio taught by Goekay with the method taught by Sabin. Doing so improves the intelligibility of the user within loud surroundings as stated by Goekay ¶ [0005].
Regarding claim 20, Sabin teaches the electronic device according to claim 19.
Sabin does not explicitly teach filtering the sound signal of the user in the first signal based on the second signal to obtain an expected signal; and calculating a ratio of the expected signal to the first signal to obtain the filtering gain.
Goekay teaches filtering the sound signal of the user in the first signal based on the second signal to obtain an expected signal (See Goekay fig 1, desired value of voice volume S1); and calculating a ratio of the expected signal to the first signal to obtain the filtering gain (See Goekay fig 1, difference between desired value and actual value S3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the calculated ratio taught by Goekay with the method taught by Sabin. Doing so improves the intelligibility of the user within loud surroundings as stated by Goekay ¶ [0005].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al (US Pub No. 2021/0345047, hereinafter Sabin) as applied to claims above, and further in view of Rohde et al (US Pub No. 2020/0336846, hereinafter Rohde).
Regarding claim 6, Sabin teaches the method according to claim 5.
Sabin does not explicitly teach determining a weighting coefficient of the second signal; obtaining an enhanced signal based on the weighting coefficient and the second signal; and loading the enhanced signal to the first signal to obtain the compensated signal.
Rohde teaches determining a weighting coefficient to obtaining an enhanced signal based on the weighting coefficient and the second signal; and loading the enhanced signal to the first signal to obtain the compensated signal (See Rohde ¶ [0107 & 0237], filter weight coefficients calculated and applied to signals to minimize error).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the weight coefficients taught by Rohde with the method taught by Sabin. Doing so helps to minimize signal error as stated by Rohde ¶ [0237].
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al (US Pub No. 2021/0345047, hereinafter Sabin) as applied to claims above, and further in view of Wells (US Pub No. 2020/0066070, hereinafter Wells).
Regarding claim 9, Sabin teaches the method according to claim 8.
Sabin does not explicitly teach wherein the parameter adjustment interface comprises a left-ear adjustment interface and a right-ear adjustment interface, and receiving at least one of left-ear correction data or right-ear correction data that is sent by the target terminal, wherein the left-ear correction data is obtained by the target terminal by detecting an operation on a setting control on the left-ear adjustment interface, and the right- ear correction data is obtained by the target terminal by detecting an operation on a setting control on the right-ear adjustment interface, wherein the left-ear correction data comprises at least one of a left-ear degree correction amount or a left-ear frequency band range and wherein the right-ear correction data comprises at least one of a right-ear degree correction amount or a right-ear frequency band range; and selecting, based on an ear identifier carried in at least one of the left-ear correction data or the right-ear correction data, correction data corresponding to an ear that is the same as an ear in which the hearing aid apparatus is located.
Wells teaches a parameter adjustment interface comprising a left-ear adjustment interface and a right-ear adjustment interface, and receiving at least one of left-ear correction data or right-ear correction data that is sent by the target terminal, wherein the left-ear correction data is obtained by the target terminal by detecting an operation on a setting control on the left-ear adjustment interface, and the right- ear correction data is obtained by the target terminal by detecting an operation on a setting control on the right-ear adjustment interface, wherein the left-ear correction data comprises at least one of a left-ear degree correction amount or a left-ear frequency band range and wherein the right-ear correction data comprises at least one of a right-ear degree correction amount or a right-ear frequency band range; and selecting, based on an ear identifier carried in at least one of the left-ear correction data or the right-ear correction data, correction data corresponding to an ear that is the same as an ear in which the hearing aid apparatus is located (See Wells fig 6, screen 400 having left ear 310 and right ear 312 selection boxes 404).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the right and left ear adjustment interface as taught by Wells with the method taught by Sabin. Doing so allows users to have greater control and modification over the hearing assistance device which improves the intelligibility of audio for the user as stated by Wells ¶ [0034].
Regarding claim 13, Sabin teaches the method according to claim 11.
Sabin does not explicitly teach wherein the parameter adjustment interface comprises a left-ear adjustment interface and a right-ear adjustment interface, and wherein the method comprises: detecting an operation on a setting control on the left-ear adjustment interface to obtain left-ear correction data, wherein the left-ear correction data comprises at least one of a left-ear degree correction amount or a left-ear frequency band range; and detecting an operation on a setting control on the right-ear adjustment interface to obtain right-ear correction data, wherein the right-ear correction data comprises at least one of a right-ear degree correction amount or a right-ear frequency band range.
Wells teaches a parameter adjustment interface comprises a left-ear adjustment interface and a right-ear adjustment interface, and wherein the method comprises: detecting an operation on a setting control on the left-ear adjustment interface to obtain left-ear correction data, wherein the left-ear correction data comprises at least one of a left-ear degree correction amount or a left-ear frequency band range; and detecting an operation on a setting control on the right-ear adjustment interface to obtain right-ear correction data, wherein the right-ear correction data comprises at least one of a right-ear degree correction amount or a right-ear frequency band range (See Wells fig 6, screen 400 having left ear 310 and right ear 312 selection boxes 404).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the right and left ear adjustment interface as taught by Wells with the method taught by Sabin. Doing so allows users to have greater control and modification over the hearing assistance device which improves the intelligibility of audio for the user as stated by Wells ¶ [0034].
Claim(s) 12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabin et al (US Pub No. 2021/0345047, hereinafter Sabin) as applied to claims above, and further in view of Eisner et al (US Pub No. 2015/0281853, hereinafter Eisner).
Regarding claim 12, Sabin teaches the method according to claim 11.
Sabin does not explicitly teach wherein the adjustment degree setting control comprises a plurality of geometric graphs that have a same shape but have different dimensions, each of the plurality of geometric graphs indicates a correction amount, and a larger correction amount indicates a larger dimension of the geometric graph, and the frequency band range setting control comprises a frequency band range icon and a slider located on the frequency band range icon, and wherein: the detecting an operation on the adjustment degree setting control to obtain a degree correction amount comprises: detecting a tap operation on the plurality of geometric graphs on the adjustment degree setting control; and determining, as the degree correction amount, a correction amount indicated by the geometric graph on which the tap operation is detected.
Eisner teaches an adjustment degree setting control comprising a plurality of geometric graphs that have a same shape but have different dimensions, each of the plurality of geometric graphs indicates a correction amount, and a larger correction amount indicates a larger dimension of the geometric graph, and the frequency band range setting control comprises a frequency band range icon and a slider located on the frequency band range icon, and wherein: the detecting an operation on the adjustment degree setting control to obtain a degree correction amount comprises: detecting a tap operation on the plurality of geometric graphs on the adjustment degree setting control; and determining, as the degree correction amount, a correction amount indicated by the geometric graph on which the tap operation is detected (See Eisner fig 6E, geometric columns representing both frequency and correction amount as well as comprising touch sliders where the degree of correction is indicated by the height of the slider on the column).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the customizable equalizer controls as taught by Eisner with the method taught by Sabin. Doing so allows the user to modify their equalizer profile using fine-grained frequency tuning as stated by Eisner ¶ [0090].
Regarding claim 14, Sabin teaches the method according to claim 11.
Sabin does not explicitly teach wherein the displaying a parameter adjustment interface comprises: displaying a mode selection interface, wherein the mode selection interface comprises a self- speaking optimization mode selection control; and when an enable operation on the self-speaking optimization mode selection control is detected, displaying the parameter adjustment interface.
Eisner teaches displaying a parameter adjustment interface comprises: displaying a mode selection interface, wherein the mode selection interface comprises a self- speaking optimization mode selection control; and when an enable operation on the self-speaking optimization mode selection control is detected, displaying the parameter adjustment interface (See Eisner fig 6D & ¶ [0482], speech command to change state of a parameter).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the speech command as taught by Eisner with the method taught by Sabin. Doing so enables true hands free use for signal initiation of command processing as stated by Eisner ¶ [0482], and allowing convenience and ease of use for the user.
Regarding claim 15, Sabin teaches the method according to claim 11.
Sabin does not explicitly teach wherein before the displaying a parameter adjustment interface, the method further comprises: displaying a mode selection interface, wherein the mode selection interface comprises at least one of a customized mode selection control; and when an enable operation on the customized mode selection control is detected, sending a customized mode enable signal to the hearing aid apparatus.
Eisner teaches displaying a parameter adjustment interface, the method further comprises: displaying a mode selection interface, wherein the mode selection interface comprises at least one of a customized mode selection control; and when an enable operation on the customized mode selection control is detected, sending a customized mode enable signal to the hearing aid apparatus (See Eisner fig 6D, adjustment interface having customized mode selection).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the customizable equalizer controls as taught by Eisner with the method taught by Sabin. Doing so allows the user to modify their equalizer profile using fine-grained frequency tuning as stated by Eisner ¶ [0090].
Allowable Subject Matter
Claim 16 and 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miller et al (US Pub No. 2017/0194020) teaches a voice enhanced awareness mode.
Chen et al (US Pub No. 2023/0134787) teaches a headset having multiple functions including active noise control (ANC), ambient sound hear through (HT), and augment hearing (AH).
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/T.M.L./Examiner, Art Unit 2694
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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