DETAILED ACTION
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 02/10/2025.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,256,197. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-9 of U.S. Patent No. 12,256,197 are similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/049,693) with only obvious wording variations. For example:
U. S. Pat. App No. 19/049,693
U.S. Patent No. 12,256,197
1. A hearing aid configured to be worn at, and/or in, an ear of a user, the hearing aid comprising a processing path processing sound from the environment of the user, the processing path comprising at least one first microphone providing at least one first electric input signal representing said sound as received at the respective at least one first microphone, said at least one first microphone being located away from a first ear canal of the user, at least one second microphone being configured to provide at least one second electric input signal representing said sound as received at the at least one second microphone, the at least one second microphone being located at or in said first ear canal of the user, an audio signal processor processing said at least one first electric input signal and said at least one second electric input signal, or a signal or signals originating therefrom, and providing a processed signal, and an output transducer providing stimuli perceivable as sound to the user; and a feature extractor for extracting acoustic characteristics of said ear of the user from said at least one second electric input signal, or a signal originating therefrom, the feature extractor being configured to extract acoustic characteristics as magnitude and phase properties, wherein the hearing aid is configured to include said acoustic characteristics in the processed signal.
1. A hearing aid configured to be worn at, and/or in, an ear of a user, the hearing aid comprising a forward path for processing sound from the environment of the user, the forward path comprising at least one first microphone providing at least one first electric input signal representing said sound as received at the respective at least one first microphones, said at least one first microphone being located away from a first ear canal of the user,
an audio signal processor for processing said at least one first electric input signal, or a signal or signals originating therefrom, and for providing a processed signal, wherein the audio signal processor comprises a directional system for providing at least one beamformer comprising predefined and/or adaptively updated beamformer weights, and for providing at least one beamformed signal in dependence of said at least two first electric input signals and said at least one beamformer, and a postfilter for filtering said beamformed signal, or a signal originating therefrom, based on adaptively updated postfilter gains and configured to provide a filtered signal, an output transducer for providing stimuli perceivable as sound to the user in dependence of said processed signal, at least one second microphone connected to said audio signal processor, the at least one second microphone being configured to provide at least one second electric input signal representing said sound as received at the at least one second microphone, the at least one second microphone being located at or in said first ear canal of the user, the hearing aid being configured to operate in a mode of operation chosen from at least: a first mode of operation and a second mode of operation, the first mode of operation being a mode of high noise attenuation, the second mode being a mode of preservation of pinna cue, the selection of the first mode or the second mode being based on input from a movement sensor.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 11,843,917. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-22 of U.S. Patent No. 11,843,917 are similar in scope to the rejected claims 1-20 of the U. S. Pat. App (No. 19/049,693) with only obvious wording variations. For example:
U. S. Pat. App No. 19/049,693
U.S. Patent No. 11,843,917
1. A hearing aid configured to be worn at, and/or in, an ear of a user, the hearing aid comprising a processing path processing sound from the environment of the user, the processing path comprising at least one first microphone providing at least one first electric input signal representing said sound as received at the respective at least one first microphone, said at least one first microphone being located away from a first ear canal of the user,at least one second microphone being configured to provide at least one second electric input signal representing said sound as received at the at least one second microphone, the at least one second microphone being located at or in said first ear canal of the user, an audio signal processor processing said at least one first electric input signal and said at least one second electric input signal, or a signal or signals originating therefrom, and providing a processed signal, and an output transducer providing stimuli perceivable as sound to the user; and a feature extractor for extracting acoustic characteristics of said ear of the user from said at least one second electric input signal, or a signal originating therefrom, the feature extractor being configured to extract acoustic characteristics as magnitude and phase properties, wherein the hearing aid is configured to include said acoustic characteristics in the processed signal.
1. A hearing aid configured to be worn at, and/or in, an ear of a user, the hearing aid comprising a forward path for processing sound from the environment of the user, the forward path comprising at least one first microphone providing at least one first electric input signal representing said sound as received at the respective at least one first microphones, said at least one first microphone being located away from a first ear canal of the user,
wherein the at least one first microphone comprises at least two first microphones providing respective at least two first electric input signals, an audio signal processor for processing said at least one first electric input signal, or a signal or signals originating therefrom, and for providing a processed signal, wherein the audio signal processor comprises a directional system for providing at least one beamformer comprising predefined and/or adaptively updated beamformer weights, and for providing at least one beamformed signal in dependence of said at least two first electric input signals and said at least one beamformer, and a postfilter for filtering said beamformed signal, or a signal originating therefrom, based on adaptively updated postfilter gains and configured to provide a filtered signal, an output transducer for providing stimuli perceivable as sound to the user in dependence of said processed signal, at least one second microphone connected to said audio signal processor, the at least one second microphone being configured to provide at least one second electric input signal representing said sound as received at the at least one second microphone, the at least one second microphone being located at or in said first ear canal of the user, a feature extractor for extracting acoustic characteristics of said ear of the user from said at least one second electric input signal, or a signal originating therefrom, wherein the feature extractor is configured to extract acoustic characteristics as magnitude and phase properties, wherein the hearing aid is configured to include said acoustic characteristics in the processed signal in that said postfilter is configured to determine said postfilter gains in dependence of said extracted acoustic characteristics as complex values including magnitude and phase.
Allowable Subject Matter
Claims 1-20 are rejected under nonstatutory double patenting rejection, but would be allowable if 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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