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 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.
Claims 1-5, 7, 11-15, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US PG Pub 20220415303).
As per claims 1 and 20, Chen discloses:
A method, a non-transitory computer-readable medium storing instructions, when executed, cause:
determining, by an earphone comprising a first microphone and a second microphone (Chen; p. 0015 - FIG. 1 and FIG. 2 show an ear cup housing 6 (for example that of a left ear cup or a right ear cup of a headset, also referred to as headphones.)… There are two or more external or reference microphones integrated in the perimeter of the housing, in this case three reference microphones. For example, as seen in FIG. 1, reference microphone 1, reference microphone 2, and reference microphone 3 are positioned equidistant from each other, e.g., d13=d32=d12…), energy of a first voice signal received by the first microphone (Chen; p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case);
determining, by the earphone, energy of a second voice signal received by the second microphone (Chen; p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case);
selecting, based on whether a difference between the energy of the first voice signal and the energy of the second voice signal is greater than a threshold, one of the first voice signal or the second voice signal (Chen; p. 0025 - The oversight process manages, in real time, which one or more of the several reference microphone signals in an ear cup is adjusted (e.g., either wide band attenuated or spectrally shaped) and by how much, in response to outputs from a scratch detector 13 and a wind detector 12, and optionally an ultrasound detector (not shown); see also p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case); and
performing noise reduction processing on the selected one of the first voice signal or the second voice signal (Chen; p. 0026 - If the relevant thresholds are met by a given set of coherence values and energy ratios, indicating that a particular reference microphone signal is now being corrupted by wind noise, then the listed mitigation strategy is executed by the processor 9 which includes attenuating (immediately) the affected reference microphone signal).
As per claim 2, Chen discloses:
The method according to claim 1, further comprising: determining, by the earphone, whether there is wind noise in an external environment in which the earphone is located (Chen; Fig. 4; p. 0026 - If the relevant thresholds are met by a given set of coherence values and energy ratios, indicating that a particular reference microphone signal is now being corrupted by wind noise, then the listed mitigation strategy is executed by the processor 9 which includes attenuating (immediately) the affected reference microphone signal; see also p. 0022 – wind detector 12).
As per claim 3, Chen discloses: The method according to claim 1, wherein the selecting comprises: selecting, based on that the difference between the energy of the first voice signal and the energy of the second voice signal is greater than the threshold, the second voice signal; and selecting, based on that the difference between the energy of the first voice signal and the energy of the second voice signal is less than or equal to the threshold, the first voice signal (Chen; p. 0026 - For example, up to three coherence values may be computed each between a separate pair of the three reference microphones 1-3; in the case of four reference microphones 1-4, the wind noise detection strategy may compute up to six coherence metrics (each between a separate pair of the four reference microphones.) Similarly, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case. The coherence values and energy ratios may be computed on a per sub-band (frequency domain) basis. If the relevant thresholds are met by a given set of coherence values and energy ratios, indicating that a particular reference microphone signal is now being corrupted by wind noise, then the listed mitigation strategy is executed by the processor 9 which includes attenuating (immediately) the affected reference microphone signal).
As per claim 4, Chen discloses:
The method according to claim 2, wherein the earphone further comprises a third microphone (Chen; p. 0015 - FIG. 1 and FIG. 2 show an ear cup housing 6 (for example that of a left ear cup or a right ear cup of a headset, also referred to as headphones.)… There are two or more external or reference microphones integrated in the perimeter of the housing, in this case three reference microphones. For example, as seen in FIG. 1, reference microphone 1, reference microphone 2, and reference microphone 3 are positioned equidistant from each other, e.g., d13=d32=d12…), and the determining whether there is wind noise in the external environment comprises: determining, based on the first voice signal and a third voice signal received by the third microphone, whether there is wind noise in the external environment (Chen; p. 0022 - Also, the diversity in the positions of the three or four reference microphones (such as in any of the examples depicted in FIGS. 1-7) enables a more robust audio signal processing wind mitigation algorithm (that is performed by the processor 9.) The wind mitigation algorithm configures the processor 9 to detect which one or more of the microphone signals is suffering from wind noise (wind detector) and in response attenuates (e.g., mutes) that microphone signal but not others).
As per claim 5, Chen discloses:
The method according to claim 4, wherein the determining, based on the first voice signal and the third voice signal, whether there is wind noise in the external environment comprises: calculating, based on the first voice signal and the third voice signal, coherence data of the first voice signal and the third voice signal; and determining, based on the coherence data, whether there is wind noise in the external environment (Chen; p. 0026 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds. For example, up to three coherence values may be computed each between a separate pair of the three reference microphones 1-3; in the case of four reference microphones 1-4, the wind noise detection strategy may compute up to six coherence metrics (each between a separate pair of the four reference microphones.)).
As per claim 7, Chen discloses:
The method according to claim 5, wherein the coherence data comprises coherence values of a plurality of different frequency bands, and the determining, based on the coherence data, whether there is wind noise in the external environment comprises: determining that there is wind noise in the external environment based on that the coherence value of at least one of the plurality of different frequency bands is less than a second threshold (Chen; p. 0026-0027 – The coherence values and energy ratios may be computed on a per sub-band (frequency domain) basis. If the relevant thresholds are met by a given set of coherence values and energy ratios, indicating that a particular reference microphone signal is now being corrupted by wind noise, then the listed mitigation strategy is executed by the processor 9 which includes attenuating (immediately) the affected reference microphone signal).
As per claim 11, Chen discloses:
An earphone, comprising: a first microphone and a second microphone (Chen; p. 0015 - FIG. 1 and FIG. 2 show an ear cup housing 6 (for example that of a left ear cup or a right ear cup of a headset, also referred to as headphones.)… There are two or more external or reference microphones integrated in the perimeter of the housing, in this case three reference microphones. For example, as seen in FIG. 1, reference microphone 1, reference microphone 2, and reference microphone 3 are positioned equidistant from each other, e.g., d13=d32=d12…); one or more processors (Chen; p. 0018 - The ANC subsystem has a digital processor 9 that is configured to (e.g., according to instructions stored in memory—not shown)…); and memory storing instructions that, when executed by the one or more processors (Chen; p. 0018 - The ANC subsystem has a digital processor 9 that is configured to (e.g., according to instructions stored in memory—not shown)…), cause the earphone to: determine energy of a first voice signal received by the first microphone (Chen; p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case); determine energy of a second voice signal received by the second microphone (Chen; p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case);
select, based on whether a difference between the energy of the first voice signal and the energy of the second voice signal is greater than a threshold, one of the first voice signal or the second voice signal (Chen; p. 0025 - The oversight process manages, in real time, which one or more of the several reference microphone signals in an ear cup is adjusted (e.g., either wide band attenuated or spectrally shaped) and by how much, in response to outputs from a scratch detector 13 and a wind detector 12, and optionally an ultrasound detector (not shown); see also p. 0026-0027 - A detection strategy used by the wind detector 12 may be to compute coherence values and energy ratios for the reference microphones, and compare them to certain thresholds… A detection strategy used by the scratch detector 13 may be to compute energy ratios for the reference microphones (such as on a per sub-band basis), and compare them to certain thresholds. For example, up to three energy ratios may be computed, or six energy ratios for the 4-microphone case); and
perform noise reduction processing on the selected one of the first voice signal or the second voice signal (Chen; p. 0026 - If the relevant thresholds are met by a given set of coherence values and energy ratios, indicating that a particular reference microphone signal is now being corrupted by wind noise, then the listed mitigation strategy is executed by the processor 9 which includes attenuating (immediately) the affected reference microphone signal).
As per claim 12, the claim discloses an earphone that recites similar subject matter as of claim 2. Therefore, the claim is rejected similarly.
As per claim 13, the claim discloses an earphone that recites similar subject matter as of claim 3. Therefore, the claim is rejected similarly.
As per claim 14, the claim discloses an earphone that recites similar subject matter as of claim 4. Therefore, the claim is rejected similarly.
As per claim 15, the claim discloses an earphone that recites similar subject matter as of claim 5. Therefore, the claim is rejected similarly.
As per claim 17, the claim discloses an earphone that recites similar subject matter as of claim 7. Therefore, the claim is rejected similarly.
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Elko (US PG Pub 20150213811).
As per claim 6, Chen discloses:
The method according to claim 5, upon which claim 6 depends. Chen, however, fails to disclose upon wherein before the calculating the coherence data of the first voice signal and the third voice signal, the method further comprises: shifting a phase of one of the first voice signal or the third voice signal by delaying the one of the first voice signal or the third voice signal. Elko teaches upon wherein before the calculating the coherence data of the first voice signal and the third voice signal, the method further comprises: shifting a phase of one of the first voice signal or the third voice signal by delaying the one of the first voice signal or the third voice signal (Elko; p. 0158-0159 - …These directivity functions are phase aligned relative to the center microphone, i.e., they are all real when the coordinate origin is located at the center of the array…).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the method of Chen to include upon wherein before the calculating the coherence data of the first voice signal and the third voice signal, the method further comprises: shifting a phase of one of the first voice signal or the third voice signal by delaying the one of the first voice signal or the third voice signal, as taught by Elko, because an advantage that can result from exploiting diffraction and scattering is that the phase delay can be much larger than the physical distance between the two microphones along the line connecting the two microphones. The increase in the phase delay can result in a large increase in the output SNR relative to that which would be attained if there were no diffracting and scattering body between the microphones. The increase in phase delay can also result in better robustness to microphone amplitude and phase variation (Elko; p. 0067).
Claims 8, 9, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Wang (US PG Pub 20220210538).
As per claim 8, Chen discloses:
The method according to claim 7, wherein the earphone further comprises a feedback microphone (Chen; p. 0018-0019 - a feedback signal from an internal or error microphone 5 may be used to improve the performance of the ANC subsystem). Chen, however, fails to disclose the method further comprises: determining starting and ending frequency points of wind noise based on the coherence values; extracting a wind noise signal matching the starting and ending frequency points from a fourth voice signal received by the feedback microphone; and replacing a wind noise frequency band in the first voice signal with the extracted wind noise signal.
Wang does teach the method further comprises: determining starting and ending frequency points of wind noise based on the coherence values; extracting a wind noise signal matching the starting and ending frequency points from a fourth voice signal received by the feedback microphone; and replacing a wind noise frequency band in the first voice signal with the extracted wind noise signal (Wang; p. 0051-0053 - In another embodiment of the disclosure, the earphone is an active noise cancellation earphone, the first microphone is a feedforward noise cancellation microphone and the second microphone is a feedback noise cancellation microphone, the following processing is performed on the first microphone signal and the second microphone signal to obtain the first frequency domain filtered signal:
F
B
i
n
v
f
b
=
F
B
m
i
c
×
1
-
H
f
b
×
G
.
(3)
F
B
i
n
v
=
F
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b
-
F
F
m
i
c
×
H
f
f
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G
.
(4)
Herein,
F
B
i
n
v
f
b
is an inverse feedback filtering result of the second microphone signal,
F
B
m
i
c
is the second microphone signal,
H
f
b
is a frequency response of a feedback filter used when feedback noise cancellation of the earphone is enabled at a current time, and G is a transfer function from a loudspeaker in the earphone to the second microphone; and
F
B
i
n
v
is the first frequency domain filtered signal,
F
F
m
i
c
is the first microphone signal, and
H
f
f
is a frequency response of a feedforward filter used when feedforward noise cancellation of the earphone is enabled at the current time; see also p. 0055-0058 - Specifically, the transfer function obtained by real-time measurement may be calculated based on the following formula (5):
G
=
E
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i
c
(
f
,
t
)
×
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e
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*
(
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|
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(5)
Herein, E[ ] is an operation for calculating expectation, a
R
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(
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signal is a sound source frequency domain signal played by the loudspeaker at time t,
F
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m
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c
(
f
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)
is a second microphone signal at time t (feedback signal), and Ref* is a conjugate signal of the Ref signal… the operation that the wind noise recognition result of the earphone is obtained based on coherence between the first microphone signal and first frequency domain filtered signal includes: when the coherence is less than a preset threshold value, the wind noise recognition result of the earphone is determined as presence of the wind noise; and when the coherence is not less than the preset threshold value, the wind noise recognition result of the earphone is determined as absence of the wind noise).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the method of Chen to include upon wherein before the calculating the coherence data of the first voice signal and the third voice signal, the method further comprises: shifting a phase of one of the first voice signal or the third voice signal by delaying the one of the first voice signal or the third voice signal, as taught by Wang, in order to provide a method and apparatus for recognizing wind noise of an earphone, which are used for solving the technical problem of poor recognition accuracy or high recognition cost of the wind noise recognition method (Wang; p. 0004).
As per claim 9, Chen discloses: The method according to claim 8, wherein the earphone is a headphone, and the feedback microphone and the first microphone are located on one side of the headphone and the second microphone is located at a different side of the headphone (Chen; Fig. 1-2 & Fig. 5-7; p. 0019 - A feedback signal from the error microphone 5 may be used to improve the users experience during operation of the transparency function. For instance, the output of a feedback filter 10 which is operating upon an audio signal from the error microphone 5 may be added, as shown in FIG. 3, to drive the earpiece speaker 7 in a way that reduces the undesirable occlusion effect experienced by the wearer especially in cases where the ear cup is a closed back design or that otherwise has a tendency to acoustically seal the ear (against the ambient environment)).
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Namba (US PG Pub 20240205588).
As per claim 10, Chen discloses:
The method according to claim 1, upon which claim 10 depends. Chen, however, fails to disclose wherein the performing noise reduction processing comprises: inputting the selected one of the first voice signal or the second voice signal into an Al noise reduction model for wind noise reduction processing. Namba does teach wherein the performing noise reduction processing comprises: inputting the selected one of the first voice signal or the second voice signal into an Al noise reduction model for wind noise reduction processing (Namba; p. 0148-0151 - For example, a learning model (discriminator) obtained by machine learning may be used for the wind sound reduction control unit 16. FIG. 10 illustrates an example of the learning model that can be used for the wind sound reduction control unit 16. An example in which the learning model is configured using a DNN 251 is illustrated in this example. The DNN 251 receives an input of a wind sound detection result for each of microphones provided in the left ear sound collection unit 11L and the right ear sound collection unit 11R…).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the method of Chen to include wherein the performing noise reduction processing comprises: inputting the selected one of the first voice signal or the second voice signal into an Al noise reduction model for wind noise reduction processing, as taught by Namba, in order to enable predetermined signal processing such as noise canceling to be appropriately executed on an audio signal while reducing an influence of a wind sound (Namba; p. 0005).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record and not relied upon includes:
Murgai (US PG Pub 20240292149) discloses systems and methods for providing environment-based audio processing for audio devices. Environment-based audio processing may include identifying an environmental condition in a physical environment of an audio device, and deactivating one or more digital signal processors and/or neural networks based on the environmental condition (Murgai; Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodrigo A Chavez whose telephone number is (571)270-0139. The examiner can normally be reached Monday - Friday 9-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richemond Dorvil can be reached at 5712727602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODRIGO A CHAVEZ/Examiner, Art Unit 2658
/RICHEMOND DORVIL/Supervisory Patent Examiner, Art Unit 2658
