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 .
EXAMINER’S COMMENTS
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Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the one or more processing units communicatively coupled to the one or more memory units” in claim 1;
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-15 are 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.
Claim 1 recites the limitation "the user" in Line 10. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-15 are rejected to as being dependent upon a rejected base claim 1
Double Patenting
6. 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 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 1-12 and 14-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, 9-14 and 17-20 of US-PAT No. 12,356,149. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6-7, 9-14 and 17-20 of US-PAT No. 12,356,149, reads into the pending claims 1-12 and 14-19 as shown in the table 1 below. This is a nonstatutory double patenting rejection.
Table 1
Claim Under Examination (19/170034)
US-PAT No. 12,356,149
1. A computing device comprising:
one or more memory units; and
one or more processing units communicatively coupled to the one or more memory units;
wherein the computing device is configured to communicate with a hearing device that is configured to provide sound;
wherein the computing device is configured to obtain physiological information transmitted from the hearing device;
wherein the one or more processing units of the computing device comprise a program configured to determine an indication of stress of the user based on at least the physiological information;
wherein the computing device is configured to cause a request to change a parameter of the hearing device to be provided to the user, after the indication of stress of the user is determined.
1. A computing device comprising:
one or more memory units; and
one or more processing units; wherein the computing device is configured to communicate with a hearing device configured to receive sound from an environment, the hearing device comprising one or more sensors; wherein the one or more sensors are configured to measure a stress parameter related to stress of a user of the hearing device, the measured stress parameter; wherein the computing device is configured to cause a request to change a parameter of the hearing device to be provided to the user, wherein the request is based on the determined indication of stress of the user, and
2. The computing device according to claim 1, wherein the request allows the user to decide whether to change the parameter of the hearing device or not.
1. A computing device comprising:
one or more memory units; and
one or more processing units; wherein the computing device is configured to communicate with a hearing device configured to receive sound from an environment, the hearing device comprising one or more sensors; wherein the one or more sensors are configured to measure a stress parameter related to stress of a user of the hearing device, the stress parameter being related to an acoustic scene; wherein the computing device is configured to obtain the measured stress parameter; wherein the one or more processing units of the computing device comprise a program configured to determine an indication of stress of the user based on at least the measured stress parameter; wherein the computing device is configured to cause a request to change a parameter of the hearing device to be provided to the user, wherein the request is based on the determined indication of stress of the user, and allows the user to have a freedom to decide whether to change the parameter of the hearing device, and wherein the computing device is configured to send the indication of stress of the user to the hearing device.
3. The computing device according to claim 1, wherein the computing device is configured to send the request to the hearing device.
2. The computing device according to claim 1, wherein the computing device is configured to send the request to the hearing device.
4. The computing device according to claim 1, wherein the program of the computing device is configured to determine the indication of stress based also on a speech of the user.
3. The computing device according to claim 1, wherein the program of the computing device is configured to determine the indication of stress based also on a speech of the user.
5. The computing device according to claim 1, wherein the physiological information is based on output of one or more sensors.
4. The computing device according to claim 1, wherein the one or more sensors comprise a temperature sensor, a heart rate sensor, a skin resistance sensor, one or more microphones, or any combination of the foregoing.
6. The computing device according to claim 5, wherein the one or more sensors comprise a temperature sensor, a heart rate sensor, a skin resistance sensor, one or more microphones, or any combination of the foregoing.
4. The computing device according to claim 1, wherein the one or more sensors comprise a temperature sensor, a heart rate sensor, a skin resistance sensor, one or more microphones, or any combination of the foregoing.
7. The computing device according to claim 1, wherein the computing device is configured to receive speech data from the hearing device, the speech data indicating a speech of the user.
6. The computing device according to claim 1, wherein the computing device is configured to receive speech data from the hearing device, the speech data indicating a speech of the use
8. The computing device according to claim 1, wherein the one or more memory units comprise historical data, the historical data relating to a perceptual hearing of the user and/or a general perceptual hearing, wherein the one or more processing units are configured to determine the indication of stress based on the historical data.
7. The computing device according to claim 1, wherein the computing device comprises a database comprising historical data, the historical data relating to a perceptual hearing of the user and/or a general perceptual hearing, wherein the indication of stress is determined based on the historical data.
9. The computing device of claim 1, wherein the computing device is configured to determine if a stress of the user is above a stress threshold, and wherein the computing device is configured to cause the request to change the parameter of the hearing device to be provided to the user after the stress of the user is determined to be above the stress threshold.
10. The computing device of claim 1, wherein the computing device is configured to determine if a stress of the user is above a stress threshold.
11. The computing device of claim 10, wherein the computing device is configured to cause the request to change the parameter of the hearing device to be provided to the user after the stress of the user is determined to be above the stress threshold.
10. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to increase a volume.
12. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to increase a volume, and wherein the suggestion to increase the volume is based on the determined indication of stress of the user.
11. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to change an operation mode of the hearing device.
13. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to change an operation mode of the hearing device, and wherein the suggestion to change the operation mode of the hearing device is based on the determined indication of stress of the user.
12. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to change a setting of the hearing device.
14. The computing device of claim 1, wherein the request to change the parameter of the hearing device comprises a suggestion to change a setting of the hearing device, and wherein the suggestion to change the setting of the hearing device is based on the determined indication of stress of the user.
14. The computing device according to claim 1, wherein the computing device is configured to receive data comprising acoustic scene information, and determine the indication of stress of the user based on the data.
1. A computing device comprising:
one or more memory units; and
one or more processing units; wherein the computing device is configured to communicate with a hearing device configured to receive sound from an environment, the hearing device comprising one or more sensors; wherein the one or more sensors are configured to measure a stress parameter related to stress of a user of the hearing device, the stress parameter being related to an acoustic scene; wherein the computing device is configured to obtain the measured stress parameter; wherein the one or more processing units of the computing device comprise a program configured to determine an indication of stress of the user based on at least the measured stress parameter; wherein the computing device is configured to cause a request to change a parameter of the hearing device to be provided to the user, wherein the request is based on the determined indication of stress of the user, and allows the user to have a freedom to decide whether to change the parameter of the hearing device, and wherein the computing device is configured to send the indication of stress of the user to the hearing device.
15. A system comprising the computing device according to claim 1, and the hearing device.
9. A system comprising the computing device according to claim 1, and the hearing device.
16. A hearing device comprising:
a processing unit; and
a speaker;
wherein the processing unit is configured to process audio signals to obtain processed audio signals;
wherein the speaker is configured to provide output sound based on the processed audio signals;
wherein the hearing device is configured to obtain a stress indicator related to a stress of a user of the hearing device; and
wherein the hearing device is configured to change a parameter of the hearing device after obtaining the stress indicator related to the stress of the user of the hearing device, wherein the parameter is different from a volume control, and affects how the processing unit processes the audio signals.
17. A hearing device comprising:
a processing unit;
a speaker; process audio signals to obtain processed audio signals;
wherein the speaker is configured to provide output sound based on the processed audio signals;
wherein the hearing device is configured to change a parameter of the hearing device after receiving a stress indicator, wherein the parameter is different from a volume control, and affects how the processing unit processes the audio signals, and wherein the stress indicator is indicative of a stress of a user of the hearing device; and wherein the hearing device is configured to decide, based on the stress indicator, whether to change the parameter.
17. The hearing device of claim 16, wherein the hearing device is configured to change the parameter by changing a mode of the hearing device.
18. The hearing device of claim 17, wherein the hearing device is configured to change the parameter by changing a mode of the hearing device.
18. The hearing device of claim 16, wherein the hearing device is configured to change the parameter by changing a setting of the hearing device.
19. The hearing device of claim 17, wherein the hearing device is configured to change the parameter by changing a setting of the hearing device.
19. The hearing device of claim 16, wherein the hearing device is configured to change the parameter by changing a volume.
20. The hearing device of claim 17, wherein the hearing device is configured to change the parameter by increasing a volume
Regarding claim 13 is objected to as being dependent upon a rejected base claim 1.
Regarding claims 20-27 are objected to as being dependent upon a rejected base claim 16.
Claims 16-27 are in condition for allowance except for the nonstatutory double patenting rejection stated above.
Claim Rejections - 35 USC § 103
14. 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.
15. Claim(s) 1-2, 4-6 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh et al. (Hereinafter Walsh) US-PG-PUB No. 2020/0268265 in view of Serman et al. (Hereinafter Serman) US-PG-PUB No. 2020/0120433.
Regarding claim 1, Walsh teaches
A computing device (Fig. 4 shows a mobile computing device 400) comprising:
one or more memory units (Fig. 4 shows one or more storage devices 416); and
one or more processing units (Fig. 4 shows one or more processors 402) communicatively coupled to the one or more memory units (i.e. one or more storage devices 416) as shown in Fig. 4;
wherein the computing device (i.e. mobile computing device 400) is configured to communicate with a hearing device (Fig. 11 shows a hearing instrument 1100) that is configured to provide sound (communication unit(s) 404 may include wireless transmitters and receivers that enable computing device 400 to communicate wirelessly with a hearing instrument…….Para. [0089], Lines 1-12. The hearing instrument configured to receive sound from an environment….Para. [0042], Lines 3-4);
wherein the computing device (i.e. mobile computing device 400) is configured to obtain physiological information transmitted from the hearing device (Fig. 11 shows sensors 1112 additionally include stress-related sensors 1126. may include one or more respiration sensors, electrodes for collecting EEG signals, and/or other types of sensors that generate information that may be used to determine an emotional stress level of the user of hearing instruments 102 (i.e., stress-related information/data)….Para. [0147], Lines 6-11);
wherein the one or more processing units (i.e. one or more processors 402) of the computing device (i.e. mobile computing device 400) comprise a program configured to determine an indication of stress of the user based on at least the physiological information (a computer-implemented method comprising: receiving, by a computing system comprising one or more electronic computing devices, stress-related data from one or more hearing instruments; determining, by the computing system, based on the stress-related data, an emotional stress measure of a user of the one or more hearing instruments, the emotional stress measure being an indication of one or more aspects of a level of emotional stress of the user; and outputting, by the computing system, an indication of the emotional stress measure to the user of the hearing instruments…..Para. [0006], Lines 1-11 as shown in Fig. 23).
Walsh does not explicitly teach that the computing device is configured to cause a request to change a parameter of the hearing device to be provided to the user, after the indication of stress of the user is determined.
Serman teaches that the computing device is configured to cause a request to change a parameter of the hearing device to be provided to a user, after the indication of stress of the user is determined (if the pitch frequency F of the user is found to strongly deviate from a normal pitch frequency in quiet (being indicative of a negative emotional state of the user), then the control unit 17 proceeds to a step 32….Para. [0105], Lines 1-5 …….To this end, in step 34, the control unit 17 informs the user, e.g. by a text message output via a display of the smartphone 4, that his sound perception is found to drop under usual, and suggests an automatic change of signal processing parameters of the hearing aid 2…..Para. [0111], Lines 1-5 and as shown in Fig. 2,).
Walsh and Serman each disclose a measuring the stress of the user. One of ordinary skill in the art could have integrated the method to cause a request to change a parameter of the hearing device to be provided to a user, wherein the request is based on the determined indication of stress of the user as taught by Serman with the computing device of Walsh. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method to cause a request to change a parameter of the hearing device to be provided to a user, wherein the request is based on the determined indication of stress of the user as taught by Serman with the computing device of Walsh to yield the predictable result of verifying changes before they are being made to ensure proper adjustment to the hearing aid are based on the needs of the user.
Regarding claim 2, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Serman teaches that the request allows the user to decide whether to change the parameter of the hearing device or not (If the user confirms the suggestion, e.g. by touching an “OK” button created by the control unit 17 on display of the smartphone 4, then, in a step 36, the control unit 17 induces a predefined change of at least one signal processing parameter of the hearing aid 2….Para. [0112], Lines 1-5 and as shown in Fig. 2).
Regarding claim 4, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Serman teaches that the program of the computing device is configured to determine the indication of stress based also on a speech of the user (If above condition is found to be fulfilled (Y), i.e. if the pitch frequency F of the user is found to strongly deviate from a normal pitch frequency in quiet (being indicative of a negative emotional state of the user), then the control unit 17 proceeds to a step 32….Para. [0105], Lines 1-5 and as shown in Fig. 2. Note: [0057] e) at least one acoustic feature of the own voice of the user, e.g. the pitch frequency).
Regarding claim 5, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Walsh teaches that the physiological information is based on output of one or more sensors (Fig. 11 shows sensors 1112 additionally include heart-related sensors 1124 and stress-related sensors 1126. may include one or more respiration sensors, electrodes for collecting EEG signals, and/or other types of sensors that generate information that may be used to determine an emotional stress level of the user of hearing instruments 102 (i.e., stress-related information/data)….Para. [0147], Lines 6-11).
Regarding claim 6, the combination of Walsh and Serman teach all the features with respect to claim 5 as outlined above. Walsh teaches that the one or more sensors comprise a temperature sensor, a heart rate sensor, a skin resistance sensor, one or more microphones, or any combination of the foregoing (Heart-related sensors 1124 may include one or more photoplethysmography (PPG) sensors, electrodes for collecting ECG signals, and/or other types of sensors that generate heart-related information (i.e., heart-related data)….Para. [0147], Lines 1-4).
Regarding claim 7, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Serman teaches that the computing device is configured to receive speech data from the hearing device, the speech data indicating a speech of the user (If above condition is found to be fulfilled (Y), i.e. if the pitch frequency F of the user is found to strongly deviate from a normal pitch frequency in quiet (being indicative of a negative emotional state of the user), then the control unit 17 proceeds to a step 32….Para. [0105], Lines 1-5 and as shown in Fig. 2. Note: [0057] e) at least one acoustic feature of the own voice of the user, e.g. the pitch frequency).
Regarding claim 14, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Serman teaches that the one or more processing units of the computing device are configured to detect a hearing deficit of the user(In this example, each of the detected sounds is a sound detected by hearing instruments 102…..In this example, the audibility threshold of the wearer of hearing instruments 102 is an intensity level below which the wearer of hearing instruments 102 is unable to reliably hear the sound…..Para. [0102], Lines 11-19).
Regarding claim 14, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Serman teaches that the computing device is configured to receive data comprising acoustic scene information, and determine the indication of stress of the user based on the data (the measure is configured to characterize the sound perception and, thus, the emotional state of the user in a qualitative manner….Para [0014], Lines 13-16 and as shown in Fig. 2).
Regarding claim 15, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above. Walsh teaches that a system (Fig. 1 shows a system 100) comprising the computing device according to claim 1, and the hearing device (i.e. hearing instruments 102) as shown in Fig. 1.
16. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh in view of Serman and further in view of Barthel et al. (Hereinafter Barthel) DE 102009043775 (For examination purports English Machine Translation of Barthel would be use as cited reference).
Regarding claim 10, the combination of Walsh and Serman teach all the features with respect to claim 1 as outlined above.
The combination of Walsh and Serman do not explicitly teach that the request to change the parameter of the hearing device comprises a suggestion to increase a volume..
Barthel teaches that the request to change the parameter of the hearing device comprises a suggestion to increase a volume (Especially with a tinnitus masker, an advantage of the invention is to interpret tension and stress as tinnitus triggers and adaptively adjust the volume of the masker signal in this regard. If the mental state "stress" is detected, for example, the volume of the masker signal can be adaptively increased by × dB in order to effectively mask the tinnitus…..Pg. 4, Lines 24-27).
The combination of Walsh and Serman and Barthel each disclose a measuring the stress of the user. One of ordinary skill in the art could have integrated the method to request to change the parameter of the hearing device comprises a suggestion to increase a volume, as taught by Barthel to the computing device of the combination of Walsh and Serman. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine to change the parameter of the hearing device comprises a suggestion to increase a volume, as taught by Barthel with the computing device of the combination of Walsh and Serman to yield the predictable result of allowing the emotional state and/or stress levels of the hearing device wearer to be better considered for the amplification and/or signal processing of the hearing device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
