Office Action 1: Non-Final Rejection (2024-12-10)
Rejection types: 103 - Obviousness, Double Patenting

CLAIMS:
CLAIMS

What is claimed is:

1\. A system comprising:an audio processing circuit that is configured to:
identify in audio signals, based on parameters or criteria associated with a user of the system, one or more components in the audio signals;
determine characteristics of the one or more components based on perception of the audio signals by the user; and
adjust based on the characteristics of the one or more components, the one or more components and/or one or more other components in the audio signals.
2\. The system of claim 1, wherein the audio processing circuit is configured to enhance at least one of the one or more other components SVG {EMBED HERE} 0.080.083

3\. The system of claim 1, wherein the parameters or criteria comprise field-of-view of the user; and wherein the audio processing circuit is configured to select the one or more components based on identifying of audio perceived as being within the field-of-view of the user.

4\. The system of claim 1, wherein the audio signals comprise a plurality of channel signals;
and wherein the audio processing circuit is configured to identify the one or more components based on identifying of one or more elements in the plurality of channel signals.

5\. The system of claim 4, wherein the plurality of channel signals comprises at least a left channel and a right channel; and wherein the audio processing circuit is configured to identify the one or more components based on identifying of common elements in the left channel and the right channel.

6\. The system of claim 1, comprising an audio output device configured to output the audio signals.

7\. The system of claim 6, wherein the audio output device comprises a headset.

8\. The system of claim 6, wherein the audio processing circuit is embedded in the audio output device.

9\. A system comprising:a detection circuit configured to identify in audio signals, based on parameters or criteria associated with a user of the system, one or more components in the audio signals;
one or more adjustment circuits configured to:
identify in audio signals, based on parameters or criteria associated with a user of the system, one or more components in the audio signals; and
apply one or more adjustments to the one or more components and/or one or more other components in the audio signals, wherein the adjustment is based on characteristics of the one or more components as perceived by the user.

10\. The system of claim 9, wherein the parameters or criteria comprise field-of-view of the user; and wherein the detection circuit is configured to select the one or more components based on identifying of audio perceived as being within the field-of-view of the user.

11\. The system of claim 9, wherein the audio signals comprise a plurality of channel signals;
and wherein the detection circuit is configured to identify the one or more components based on identifying of one or more elements in the plurality of channel signals.

12\. The system of claim 11, wherein the plurality of channel signals comprises at least a left channel and a right channel; and wherein the detection circuit is configured to identify the one or more components based on identifying of common elements in the left channel and the right channel.

13\. The system of claim 9, comprising a controller circuit configured to provide settings for controlling at least one adjustment applied via the one or more adjustment circuits.

14\. The system of claim 13, wherein the controller circuit is configured to determine the settings based on one or both of the identification of the one or more components and pre- configured data.

15\. A method comprising:identifying in audio signals, based on parameters or criteria associated with a user of the system, one or more components in the audio signals;
determining characteristics of the one or more components based on perception of the audio signals by the user; and
adjusting based on the characteristics of the one or more components, the one or more components and/or one or more other components in the audio signals.

16\. The method of claim 15, comprising enhancing at least one of the one or more other components.

17\. The method of claim 15, wherein the parameters or criteria comprise field-of-view of the user; and further comprising selecting the one or more components based on identifying of audio perceived as being within the field-of-view of the user.

18\. The method of claim 15, wherein the audio signals comprise a plurality of channel signals; and further comprising identifying the one or more components based on identifying of one or more elements in the plurality of channel signals.

19\. The method of claim 18, wherein the plurality of channel signals comprises at least a left channel and a right channel; and further comprising identifying the one or more components based on identifying of common elements in the left channel and the right channel.

20\. The method of claim 15, further comprising determining based on the identification of the one or more components, settings for controlling, at least in part, the adjusting of the one or more components and/or one or more other components in the audio signals.

OFFICE ACTION:
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.

Information Disclosure Statement
================================

The information disclosure statement (IDS) submitted on March 01,2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.

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.

The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:

1\. Determining the scope and contents of the prior art.

2\. Ascertaining the differences between the prior art and the claims at issue.

3\. Resolving the level of ordinary skill in the pertinent art.

4\. Considering objective evidence present in the application indicating obviousness or nonobviousness.

This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.

Claim(s) 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonanno (US 2010/0040240 A1) in view of Bellamy et al. (US 2014/0164894 A1).

As to claim 21, Bonanno discloses a system \[FIG. 1\] comprising:

a wireless device \[1M on FIG. 1\] configured to:

identify a component \[Chat and game\], of a multichannel input audio signal \[“The volume control allows the microphone signal to be mixed with the chat and game signals.” Paragraphs 0032 and 0049\]; and

suppress the component of the audio signal to generate an output audio signal \[Game audio\] according to a characteristic of the component \[“The voice volume also adjusts down to its normal level to allow the game audio to cover the chat sound.” Paragraph 0042 and 0052\].

Bonanno discloses the mixing of audio and the chat signals but fails to disclose a field-of-view.

However, Bellamy teaches an audio signal at field-of-view of the user \[“To obtain the user input and determining the grazing area identifies by the audio browser according to a focus position (field-of-view).” Paragraph 0040\].

Bonanno and Bellamy are analogous because they are all directed to audio processing system. One of ordinary skill in the art before the effective filing date of the claimed invention would have found obvious to modify Bonanno reference with the teaching of Bellamy, so that the incoming audio signal would be on-screen of the user in the audio signal of Bonanno, would have been combined into a signal audio on the field of view of the player, for the obvious purpose of providing the audio summary is generated audio multi-channel audio signal, by combining prior art elements according to known methods to yield predictable results.

As to claim 22, Bonanno discloses the system of claim 21, wherein the wireless device is configured to enhance a perception of at least one other component \[“The audibility of voice communication while listening to game audio over multichannel headphones.” Paragraph 0032\].

As to claim 23, Bonanno discloses the system of claim 21, wherein an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal \[“The head related-transfer function processing the chat audio outside the stereo plane.” Paragraph 0036\].

As to claim 24, Bonanno discloses the system of claim 23, wherein the element is a common element of at least two channels \[“The left and right stereo signals with filters that simulate the frequency response.” Paragraph 0036\].

As to claim 25, Bonanno discloses the system of claim 21, wherein the system comprises an audio output component configured to convey the output audio signal \[“The game audio signal is connected to the headphones from the personal computer sound card output.” Paragraph 0033\].

As to claim 26, Bonanno discloses the system of claim 25, wherein the audio output component comprises a speaker \[“The user of the head-related transfer function processor and routed to the amplifiers that drive the headphone speakers.” Paragraph 0038\].

As to claim 27, Bonanno discloses the method \[Paragraph 0002\] in a wireless device comprising: see claim 21’s rejection above for the rest of claim 27’s limitations.

As to claim 28, see claim 22’s rejection above.

As to claim 29, see claim 23’s rejection above.

As to claim 30, see claim 24’s rejection above.

Allowable Subject Matter
========================

Claims 31-42 are allowed.

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 § 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.

The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.

Claims 21-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,938,397 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.

Note that the previous patent granted of the parent application family are also considered such as: 11,484,786 B2, 10,709,974 B2, 10,232,256 B2, 9,782,672 B2 and provisional on 18/592,798.

Patented claim 1 recites a system which perform the feature of suppressing at least one of the one or more components of the audio signal to generate an output audio signal.

The pending claim 21 recites a system which perform the similar feature of suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.

Therefore, the patented claim 1 anticipates the pending 21.

Pending claims 22-42 have similar limitations comparing the patented claims 2- 24 as shown on the table below.

Pending claims

Patented claims

21\. A system comprising: a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.

22\. The system of claim 21, wherein the wireless device is configured to enhance a perception of at least one other component.

23\. The system of claim 21, wherein an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal.

24\. The system of claim 23, wherein the element is a common element of at least two channels.

25\. The system of claim 21, wherein the system comprises an audio output component configured to convey the output audio signal.

26\. The system of claim 25, wherein the audio output component comprises a speaker.

27\. A method comprising: in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view; and suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.

28\. The method of claim 27, wherein the method comprises enhancing a perception of at least one other component.

29\. The method of claim 27, wherein the method comprises identifying the component according to an element of the multichannel input audio signal.

30\. The system of claim 29, wherein the element is a common element of at least two channels.

31\. A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view, and wherein the detection circuit is configured to detect a common element in at least two channels of the multichannel input audio signal; and an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.

32\. The wireless device of claim 31, wherein the computing device comprises a controller circuit configured to provide settings for controlling an adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit.

33\. The wireless device of claim 32, wherein the controller circuit is configured to determine the settings.

34\. The wireless device of claim 32, wherein the adjustment circuit is configured to apply the adjustment to enhance a perception of the one or more other components.

35\. A system comprising: a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and the element is a common element of at least two channels.

36\. The system of claim 35, wherein the wireless device is configured to enhance a perception of at least one other component.

37\. The system of claim 35, wherein the system comprises an audio output component configured to convey the output audio signal.

38\. The system of claim 37, wherein the audio output component comprises a speaker.

39\. A method comprising: in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view and according to an element of the multichannel input audio signal; and suppressing the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, and the element is a common element of at least two channels.

40\. The method of claim 39, wherein the method comprises enhancing a perception of at least one other component.

41\. A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view; an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component; and a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit, and wherein the controller circuit is configured to determine the settings.

42\. The wireless device of claim 41, wherein the adjustment circuit is configured to apply an adjustment to enhance a perception of the one or more other components.

1\. A system comprising: a hearing device configured to: identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a left channel and a right channel; and suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

2\. The system of claim 1, wherein the hearing device is configured to enhance a perception of at least one other component.

3\. The system of claim 1, wherein the input audio signal comprises a plurality of channel signals.

4\. The system of claim 3, wherein an audio processing circuit is configured to identify the one or more components according to an identification of one or more elements in the plurality of channel signals.

5\. The system of claim 4, wherein the one or more elements comprise common elements in a left channel and a right channel.

6\. The system of claim 1, wherein the system comprises an audio output component configured to convey the output audio signal.

7\. The system of claim 6, wherein the audio output component comprises a speaker.

8\. A method comprising: in a hearing device: identifying one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a left channel and a right channel; and suppressing at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

9\. The method of claim 8, wherein the method comprises conveying the output audio signal to the user.

10\. The method of claim 8, wherein the method comprises enhancing a perception of at least one other component.

11\. The method of claim 8, wherein the input audio signal comprises a plurality of channel signals.

12\. The method of claim 11, wherein the method comprises identifying the one or more components according to one or more elements in the plurality of channel signals.

13\. The system of claim 12, wherein the one or more elements comprise common elements in a left channel and a right channel.

14\. A hearing device comprising: a detection circuit configured to identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, and wherein the detection circuit is configured to detect common elements in a left channel signal and a right channel signal of the input audio signal; and; an adjustment circuit configured to suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

15\. The hearing device of claim 14, wherein the hearing device comprises a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the one or more components via the detection circuit.

16\. The hearing device of claim 15, wherein the controller circuit is configured to determine the settings.

17\. The hearing device of claim 14, wherein the adjustment circuit is configured to apply the adjustment to enhance a perception of the one or more other components.

18\. A system comprising: a hearing device configured to: identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a plurality of channel signals; and suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal, an audio processing circuit is configured to identify the one or more components according to an identification of one or more elements in the plurality of channel signals, and the one or more elements comprise common elements in a left channel and a right channel.

19\. The system of claim 18, wherein the hearing device is configured to enhance a perception of at least one other component.

20\. The system of claim 18, wherein the system comprises an audio output component configured to convey the output audio signal.

21\. The system of claim 20, wherein the audio output component comprises a speaker.

22\. A method comprising: in a hearing device: identifying one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system and according to one or more elements in the plurality of channel signals, wherein the input audio signal comprises a plurality of channel signals; and suppressing at least one of the one or more components of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal, and the one or more elements comprise common elements in a left channel and a right channel.

23\. The method of claim 22, wherein the method comprises conveying the output audio signal to the user.

24\. The method of claim 22, wherein the method comprises enhancing a perception of at least one other component.

.

Conclusion
==========

The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.

Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.

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, CAROLYN R EDWARDS can be reached on (571) 270-7136. 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.

/GERALD GAUTHIER/Primary Examiner, Art Unit 2692

December 5, 2024

APPLICANT REBUTTAL: REMARKS
The present application includes pending claims 2 1-42. Claims 2 1-30 have been rejected. Claims 3 1-42 are allowed. The Office Action of December 2, 2024 ("OA") has been carefully considered.
to expedite allowance ofvarious pending claims, claims 2 1-30 have been cancelled.
Note that such amendments are in no way to be construed as the Applicant agreeing with any rejections not specifically discussed below. The Applicant respectfully traverses the above rejections at least for the reasons previously set forth during prosecution and at least based on the following remarks. Examination and reconsideration of the claims in view of the following remarks are respectfully requested.
Allowable Subject Matter
Claims 31-42 are allowed.
Rej
ections under 35 U.S.C.
X
Claims 21-30 are rejected under 35 U.S.C. 103 as being allegedly unpatentable over Bonanno (U.S. Patent Application Publication No. 2010/0040240) in view of Bellamy (U.S. Patent Application Publication No. 2014/0164894).
claims 2 1-30 have been cancelled.
Final Matters
including without limitationstatements regarding the claims, 35 U.S.C. § 103, the cited references, one of ordinary
skill in the art, etc., that are now moot in view of the previously presented amendments and/or arguments. Thus, the Applicant will not address all of such statements at the present time. However, the Applicant expressly reserves the right to challenge such statements in the future should the need arise (e.g., if such statements should become relevant by reappearing in a rejection of any current or future claim or be relied upon in any proceeding involving this application or a corresponding patent). The Applicant also respectfully reserves the right to argue additional reasons that support the allowability of all claims, whether or not argued in this Response or previous responses, should that need arise in the future.
Conclusion

NEXT OFFICE ACTION: 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.

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 § 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.

The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.

Claims 31-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,938,397 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.

Note that the previous patent granted of the parent application family are also considered such as: 11,484,786 B2, 10,709,974 B2, 10,232,256 B2, 9,782,672 B2 and provisional on 18/592,798.

Patented claim 1 recites a system which perform the feature of suppressing at least one of the one or more components of the audio signal to generate an output audio signal.

The pending claim 31 recites a wireless device which perform the similar feature of suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.

Therefore, the patented claim 1 anticipates the pending 31.

Pending claims 32-42 have similar limitations comparing the patented claims 2- 24 as shown on the table below.

Pending claims

Patented claims

31\. A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view, and wherein the detection circuit is configured to detect a common element in at least two channels of the multichannel input audio signal; and an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.

32\. The wireless device of claim 31, wherein the computing device comprises a controller circuit configured to provide settings for controlling an adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit.

33\. The wireless device of claim 32, wherein the controller circuit is configured to determine the settings.

34\. The wireless device of claim 32, wherein the adjustment circuit is configured to apply the adjustment to enhance a perception of the one or more other components.

35\. A system comprising: a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and the element is a common element of at least two channels.

36\. The system of claim 35, wherein the wireless device is configured to enhance a perception of at least one other component.

37\. The system of claim 35, wherein the system comprises an audio output component configured to convey the output audio signal.

38\. The system of claim 37, wherein the audio output component comprises a speaker.

39\. A method comprising: in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view and according to an element of the multichannel input audio signal; and suppressing the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, and the element is a common element of at least two channels.

40\. The method of claim 39, wherein the method comprises enhancing a perception of at least one other component.

41\. A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view; an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component; and a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit, and wherein the controller circuit is configured to determine the settings.

42\. The wireless device of claim 41, wherein the adjustment circuit is configured to apply an adjustment to enhance a perception of the one or more other components.

1\. A system comprising: a hearing device configured to: identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a left channel and a right channel; and suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

2\. The system of claim 1, wherein the hearing device is configured to enhance a perception of at least one other component.

3\. The system of claim 1, wherein the input audio signal comprises a plurality of channel signals.

4\. The system of claim 3, wherein an audio processing circuit is configured to identify the one or more components according to an identification of one or more elements in the plurality of channel signals.

5\. The system of claim 4, wherein the one or more elements comprise common elements in a left channel and a right channel.

6\. The system of claim 1, wherein the system comprises an audio output component configured to convey the output audio signal.

7\. The system of claim 6, wherein the audio output component comprises a speaker.

8\. A method comprising: in a hearing device: identifying one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a left channel and a right channel; and suppressing at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

9\. The method of claim 8, wherein the method comprises conveying the output audio signal to the user.

10\. The method of claim 8, wherein the method comprises enhancing a perception of at least one other component.

11\. The method of claim 8, wherein the input audio signal comprises a plurality of channel signals.

12\. The method of claim 11, wherein the method comprises identifying the one or more components according to one or more elements in the plurality of channel signals.

13\. The system of claim 12, wherein the one or more elements comprise common elements in a left channel and a right channel.

14\. A hearing device comprising: a detection circuit configured to identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, and wherein the detection circuit is configured to detect common elements in a left channel signal and a right channel signal of the input audio signal; and; an adjustment circuit configured to suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal.

15\. The hearing device of claim 14, wherein the hearing device comprises a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the one or more components via the detection circuit.

16\. The hearing device of claim 15, wherein the controller circuit is configured to determine the settings.

17\. The hearing device of claim 14, wherein the adjustment circuit is configured to apply the adjustment to enhance a perception of the one or more other components.

18\. A system comprising: a hearing device configured to: identify one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system, wherein the input audio signal comprises a plurality of channel signals; and suppress at least one of the one or more components of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal, an audio processing circuit is configured to identify the one or more components according to an identification of one or more elements in the plurality of channel signals, and the one or more elements comprise common elements in a left channel and a right channel.

19\. The system of claim 18, wherein the hearing device is configured to enhance a perception of at least one other component.

20\. The system of claim 18, wherein the system comprises an audio output component configured to convey the output audio signal.

21\. The system of claim 20, wherein the audio output component comprises a speaker.

22\. A method comprising: in a hearing device: identifying one or more components, of an input audio signal, according to one or more criteria related to a field-of-view associated with a user of the system and according to one or more elements in the plurality of channel signals, wherein the input audio signal comprises a plurality of channel signals; and suppressing at least one of the one or more components of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the one or more components, as perceived by the user, when the user is receiving the output audio signal, and the one or more elements comprise common elements in a left channel and a right channel.

23\. The method of claim 22, wherein the method comprises conveying the output audio signal to the user.

24\. The method of claim 22, wherein the method comprises enhancing a perception of at least one other component.

.

Response to Arguments
=====================

Applicant’s arguments, see page 5, filed 01/21/2015, with respect to:

Allowable Subject Matter

Claims 31-42 are allowed.

The examiner agrees that the claims are allowable over the prior art.

Rejections under 35 U.S.C. 103

Claims 21-30 are rejected under 35 U.S.C. 103 as being allegedly unpatentable over Bonanno (U.S. Patent Application Publication No. 2010/0040240) in view of Bellamy (U.S. Patent Application Publication No. 2014/0164894).

The Applicant traverses these rejections, but in order to advance prosecution has claims 21-30 have been cancelled.

The examiner agrees that cancelling the claims overcome the 35 U.S.C. 103 rejection.

The applicant arguments have been fully considered and are persuasive. The 35 U.S.C. 103 rejection of claims 21-42 has been withdrawn.

Conclusion
==========

The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.

Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).

A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

CITED REFERENCE SUMMARIES: Ref US20240198215A1: Claims:
- 20 . (canceled)
A system comprising: a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.
a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.
identify a component, of a multichannel input audio signal, according to a field-of-view; and
suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.
The system of claim 21 , wherein the wireless device is configured to enhance a perception of at least one other component.
The system of claim 21 , wherein an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal.
The system of claim 23 , wherein the element is a common element of at least two channels.
The system of claim 21 , wherein the system comprises an audio output component configured to convey the output audio signal.
The system of claim 25 , wherein the audio output component comprises a speaker.
A method comprising: in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view; and suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.
in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view; and suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.
identifying a component, of a multichannel input audio signal, according to a field-of-view; and
suppressing the component of the audio signal to generate an output audio signal according to a characteristic of the component.
The method of claim 27 , wherein the method comprises enhancing a perception of at least one other component.
The method of claim 27 , wherein the method comprises identifying the component according to an element of the multichannel input audio signal.
The system of claim 29 , wherein the element is a common element of at least two channels.
A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view, and wherein the detection circuit is configured to detect a common element in at least two channels of the multichannel input audio signal; and an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.
a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view, and wherein the detection circuit is configured to detect a common element in at least two channels of the multichannel input audio signal; and
an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component.
The wireless device of claim 31 , wherein the wireless device comprises a controller circuit configured to provide settings for controlling an adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit.
The wireless device of claim 32 , wherein the controller circuit is configured to determine the settings.
The wireless device of claim 32 , wherein the adjustment circuit is configured to apply the adjustment to enhance a perception of the one or more other components.
A system comprising: a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and the element is a common element of at least two channels.
a wireless device configured to: identify a component, of a multichannel input audio signal, according to a field-of-view; and suppress the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and the element is a common element of at least two channels.
suppress the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and the element is a common element of at least two channels.
the suppression is processed according to a characteristic of the component,
an audio processing circuit is configured to identify the component according to an identification of an element of the multichannel input audio signal, and
the element is a common element of at least two channels.
The system of claim 35 , wherein the wireless device is configured to enhance a perception of at least one other component.
The system of claim 35 , wherein the system comprises an audio output component configured to convey the output audio signal.
The system of claim 37 , wherein the audio output component comprises a speaker.
A method comprising: in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view and according to an element of the multichannel input audio signal; and suppressing the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, and the element is a common element of at least two channels.
in a wireless device: identifying a component, of a multichannel input audio signal, according to a field-of-view and according to an element of the multichannel input audio signal; and suppressing the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, and the element is a common element of at least two channels.
identifying a component, of a multichannel input audio signal, according to a field-of-view and according to an element of the multichannel input audio signal; and
suppressing the component of the audio signal to generate an output audio signal, wherein: the suppression is processed according to a characteristic of the component, and the element is a common element of at least two channels.
the suppression is processed according to a characteristic of the component, and
The method of claim 39 , wherein the method comprises enhancing a perception of at least one other component.
A wireless device comprising: a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view; an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component; and a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit, and wherein the controller circuit is configured to determine the settings.
a detection circuit configured to identify a component, of a multichannel input audio signal, according to a field-of-view;
an adjustment circuit configured to suppress the component of the audio signal to generate an output audio signal according to a characteristic of the component; and
a controller circuit configured to provide settings for controlling the adjustment applied via the adjustment circuit, wherein the settings are determined according to the identification of the component via the detection circuit, and wherein the controller circuit is configured to determine the settings.
The wireless device of claim 41 , wherein the adjustment circuit is configured to apply an adjustment to enhance a perception of the one or more other components.
Ref US20220086557A1: Claims:
- 14 . (canceled)
A system comprising: a signal processor operable to: detect one or more control tones in a first audio signal, and generate a second audio signal by modifying the first audio signal in accordance with the one or more control tones, wherein the one or more control tones are selected prior to being embedded in the first audio signal.
a signal processor operable to: detect one or more control tones in a first audio signal, and generate a second audio signal by modifying the first audio signal in accordance with the one or more control tones, wherein the one or more control tones are selected prior to being embedded in the first audio signal.
detect one or more control tones in a first audio signal, and
generate a second audio signal by modifying the first audio signal in accordance with the one or more control tones, wherein the one or more control tones are selected prior to being embedded in the first audio signal.
The system of claim 15 , wherein the system comprises: a data port connection operable to receive one or more settings that control the modification of the first audio signal.
a data port connection operable to receive one or more settings that control the modification of the first audio signal.
The system of claim 15 , wherein the system comprises a headset, and wherein the signal processor is located in the headset.
The system of claim 15 , wherein the system comprises a control device, and wherein the modification of the first audio signal is enabled via the control device.
The system of claim 18 , wherein the control device is operable to wirelessly communicate with the signal processor.
The system of claim 18 , wherein the control device is operable to receive a voice command.
The system of claim 15 , wherein the one or more control tones are programmed via a computer.
The system of claim 15 , wherein the signal processor is reprogrammable.
The system of claim 15 , wherein the signal processor comprises a plurality of signal paths, wherein each signal path in the plurality of signal paths includes a noise gate to remove undesired sounds below a preset threshold.
The system of claim 15 , wherein the system comprises one or more speakers and a volume limiter, and wherein the volume limiter is operable to limit a maximum volume level sent to the one or more speakers such that it does not exceed a predetermined amplitude.
The system of claim 15 , wherein the system comprises a sound storage device that announces a prerecorded message in accordance with the one or more control tones.
The system of claim 15 , wherein the control signal is generated by a video game.
A headset comprising: a signal processor operable to: detect one or more control tones in a first audio signal, and generate a second audio signal by modifying the first audio signal in accordance with the one or more control tones, wherein the one or more control tones are selected prior to being embedded in the first audio signal.
The headset of claim 25 , wherein the headset comprises a control device, and wherein the modification of the first audio signal is enabled via the control device.
The headset of claim 28 , wherein the control device is operable to wirelessly communicate with the signal processor.
The headset of claim 25 , wherein the signal processor is reprogrammable.
The headset of claim 25 , wherein the signal processor comprises a plurality of signal paths, wherein each signal path in the plurality of signal paths includes a noise gate to remove undesired sounds below a preset threshold.
The headset of claim 25 , wherein the headset comprises one or more speakers and a volume limiter, and wherein the volume limiter is operable to limit a maximum volume level sent to the one or more speakers such that it does not exceed a predetermined amplitude.
The headset of claim 25 , wherein the headset comprises a sound storage device that announces a prerecorded message in accordance with the one or more control tones.
The headset of claim 25 , wherein the control signal is generated by a video game.
Ref US20190344185A1: Claims:
A system, comprising: a processor; a memory in communication with the processor, the memory comprising a session module for managing session data defining a virtual environment, wherein the session data defines coordinates of a plurality of virtual objects, the session module also causing the generation of session audio data that is coordinated with activity of the virtual objects, the memory further comprising a chat module for managing a chat audio signal that enables vocal communication between a plurality of participants (P 1 -P N ) controlling the virtual objects, the memory having computer-readable instructions stored thereupon that, when executed by the processor, cause the processor to: monitor a volume of the chat audio signal generated by an input device associated with a first participant (P 1 ) of the plurality of participants (P 1 -P N ); determine that the volume of the chat audio signal generated by the input device associated with the first participant (P 1 ) is below a threshold volume; determine a distance (D 12 ) between a first virtual object controlled by the first participant (P 1 ) and a second virtual object controlled by a second participant (P 2 ) of the plurality of participants (P 1 -P N ); and reduce a volume (VAB) of the chat audio signal between the first participant (P 1 ) and the second participant (P 2 ) in response to determining that the chat audio signal generated by the input device associated with the first participant (P 1 ) is below the threshold volume and determining that the distance (D 12 ) between the first virtual object and the second virtual object exceed a threshold distance (D 13 ).
a memory in communication with the processor, the memory comprising a session module for managing session data defining a virtual environment, wherein the session data defines coordinates of a plurality of virtual objects, the session module also causing the generation of session audio data that is coordinated with activity of the virtual objects, the memory further comprising a chat module for managing a chat audio signal that enables vocal communication between a plurality of participants (P 1 -P N ) controlling the virtual objects, the memory having computer-readable instructions stored thereupon that, when executed by the processor, cause the processor to: monitor a volume of the chat audio signal generated by an input device associated with a first participant (P 1 ) of the plurality of participants (P 1 -P N ); determine that the volume of the chat audio signal generated by the input device associated with the first participant (P 1 ) is below a threshold volume; determine a distance (D 12 ) between a first virtual object controlled by the first participant (P 1 ) and a second virtual object controlled by a second participant (P 2 ) of the plurality of participants (P 1 -P N ); and reduce a volume (VAB) of the chat audio signal between the first participant (P 1 ) and the second participant (P 2 ) in response to determining that the chat audio signal generated by the input device associated with the first participant (P 1 ) is below the threshold volume and determining that the distance (D 12 ) between the first virtual object and the second virtual object exceed a threshold distance (D 13 ).
monitor a volume of the chat audio signal generated by an input device associated with a first participant (P 1 ) of the plurality of participants (P 1 -P N );
determine that the volume of the chat audio signal generated by the input device associated with the first participant (P 1 ) is below a threshold volume;
determine a distance (D 12 ) between a first virtual object controlled by the first participant (P 1 ) and a second virtual object controlled by a second participant (P 2 ) of the plurality of participants (P 1 -P N ); and
reduce a volume (VAB) of the chat audio signal between the first participant (P 1 ) and the second participant (P 2 ) in response to determining that the chat audio signal generated by the input device associated with the first participant (P 1 ) is below the threshold volume and determining that the distance (D 12 ) between the first virtual object and the second virtual object exceed a threshold distance (D 13 ).
The system of claim 1 , wherein when instructions further cause the processor to: communicate the chat audio signal between the first participant (P 1 ) and second participant (P 2 ) at a predetermined volume level when the distance is less than the threshold distance.
The system of claim 1 , wherein the instructions further cause the processor to: establish a baseline volume based on a sample of the chat audio signal from the input device associated with the first user (P 1 ), wherein the baseline volume is established by receiving a voice input prior to the generation of session audio data; set the threshold volume at a level that is higher than the baseline volume.
establish a baseline volume based on a sample of the chat audio signal from the input device associated with the first user (P 1 ), wherein the baseline volume is established by receiving a voice input prior to the generation of session audio data;
set the threshold volume at a level that is higher than the baseline volume.
The system of claim 3 , wherein the baseline is established before the first virtual object begins interaction with the virtual environment.
The system of claim 1 , wherein to reduce the volume results in a decrease of the volume by a predetermined amount.
The system of claim 1 , wherein reducing the volume comprises terminating the chat audio signal between the first participant (P 1 ) and the second participant (P 2 ).
A computer-implemented method for controlling a computer-controlled virtual object of a virtual environment, the method comprising: receiving session data defining the virtual environment, the session data defining a position of the computer-controlled virtual object and a position of a user-controlled virtual object that is based upon an input from a participant (P 1 ) controlling the user-controlled virtual object, the session data causing a generation of session audio data that is coordinated with activity of the computer-controlled virtual object; receiving a chat audio signal that provides vocal communication between the participant (P 1 ) and a plurality of participants (P 2 -P N ); determining that a volume (VP 1 ) of the chat audio signal generated from a vocal input of the participant (P 1 ) at an input device has a change with respect to a volume threshold; determining, at a computing device, that the position of the computer-controlled virtual object is within a threshold distance of the position of the user-controlled virtual object; and in response to determining that the volume of the chat audio signal that provides vocal communication between the participant (P 1 ) and the plurality of participants (P 2 -P N ) exceeds the volume threshold and determining that the position of the computer-controlled virtual object is within the threshold distance of 
[Truncated to input limit]