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`Substantially Identical Portions of Petition pages 26-31 and Ex. 1108 pages 90-94
`
`“...instructions that, when executed by the processor,
`[10.4.1]
`cause the processor to:
`generate a sequence of incremental
`hearing correction filters based at least in part on a magnitude of
`a difference between a hearing aid profile and a hearing loss level
`associated with a user of the hearing aid,
`the sequence of
`incremental hearing correction filters including at
`least a first
`hearing correction filter and a second hearing correctionfilter”
`IPR of U.S. Patent No. 8,654,999
`Page 26
`
`Petition
`
`Fichtl in view of Mangold discloses this lintitation.| As discussed above m
`
`Section VILA. [element 10 — preamble]ja POSA would haye been motivated to
`
`implement Fiehil's remote control to include Fichil's user controls 4 and 3_
`
`controller 6 to determine audio processing parameters (APPs), and memory7 to
`
`store the APPs. Atlas Decl, Ex. 1108.9 190
`
`Fichtl's controller is programmed to execute an acclimatization algonthm
`
`where the amount of compensation for the user's hearing loss increases over time
`
`Fichtl, Ex. 1103 at Abstract (“The intensity of the hearing device is increased in
`
`the long term”), 3232-34 (“controller 6 is adapted to execute an acclimatization
`
`“...instructions that, when executed by the
`E. [Claim 10.4.1]
`processor, cause the processor
`to:
`generate a
`sequence of
`incremental hearing correction filters based at least in part on a
`magnitude of a difference between a hearing aid profile and a
`hearing loss level associated with a user of the hearing aid, the
`sequence of incremental hearing correction filters including at
`least
`a
`first hearing correction filter and a second hearing
`correction filter”
`
`Fichtl in viewo
`
`Id discloses this limitation.] As discussed
`
`above with respect to element 10 — preamble]a POSA would have been motivated
`
`to implement Fichtl’s remote control to include Fichtl’s user controls 4 and 5,
`
`controller 6 to determine audio processmz parameters (APPs), and memory7 to
`store the APPs.
`
`1chti
`
`s controller 1s programmed to execute an acchmatization
`
`algorithm where the amount of compensation for the user's hearing loss increases
`
`over time. Fichtl, Ex. 1103 at Abstract (“The intensity ofthe hearing device 1s
`
`increased 1n the long term”), 3:32-34 (“controller 6 is adapted to execute an
`algorithm.. .“), 4225-26 (“acclimatization process 1s controlled by software being
`acclimatization algorithm ...”), 4:25-26 (“acclimatization process is controlled by
`executed on the controller 6"). As represented by the curve marked “X”plotted on
`
`software being executed on the controller 6”). As represented by the curve marked
`
`the graph depicted m Fig. 2, the acclimatization algonthm executed by controller 6
`
`mecreases the value of an APP over time.
`
`fo. af Fig. 2. 3:35-36 (FIG. 2 shows how
`
`an audio processing parameter APPis changed over ume im a heanng device 1"),
`
`3:42-4:15, 4:25-67.
`
`In particular. an intermediate value X is slowly increased
`
`while the heanng aid is on and held constant im memory while the hearing aid is
`
`off, such that each time the bearing aid is turned on the APPis set to the last value
`
`Jo. at Fig. 2, 3:55-37_ 3266-427, 4:31-36, 441-33
`for X as stored im memory.
`Atlas Decl. Ex. 1108, 9 191.
`
`Petten — IPR of U8. Patent No. 8.654.999
`
`!
`
`IPR2017-00782
`III HOLDINGS 4, LLC
`Exhibit 2001
`
`

`

`'*0+0+.-
`
`&*),(/(0+.-
`
`LLS. Patent 8,654,999
`Declaration of Les Atlas, Ph.D.
`
`“XK”plotted on the graph depicted in Fig. 2. the acelumatization algonthm executed
`
`bycontroller’ increases the value of an APP over time.
`
`fol. at Fig. 2, 3:35-36
`
`(FIG. 2 shows howan audio processing parameter APP is changed over time ina
`
`hearmg device 1"), 3:42-4:15, 4225-67.
`
`In particular. an intermediate value X is
`
`increased slowly while the hearing atd is on and held constant, stored m memory,
`
`while the hearing aid 1s off, such that each time the hearing aid is tumed on the
`
`APP is set to the last value for X as stored in memory.
`
`fof. at Fig, 2, 3-55-37, 3:66-
`
`4-7, 4:3 1-36, 4.41-33.
`
`Fig. 2
`
`Fichtl, Ex 1103, Fig. 2
`
`As shown in Fig. 2, the APPstarts at an initial power-on value (POV) selected to
`
`provide a smaller degree of compensation than the target power-on value (I[POV),
`
`which 1s the value for the APP comespondmg to the selected heanng aid profile
`
`that compensates for the user's bearmg impawment Jo. at Fig. 2. 3:42-48 (7At im
`
`to the selected hearmg aid profile that compensates for the user's hearmg
`
`*A.” a fitter programs an inital power-on value 1POVfor the audio processing
`
`
`
`parameter as well as a target power-on value tPOV...The target power-on value
`
`tPOV1s, for example. 10 dB higher than the mitial power-on value iPOV").
`
`Abstract (“An inital power-on value (1POV) and a target power-on value ((POW),
`
`192. As shown in Fig. 2, the APP starts at an initial power-on value (iPOV)
`
`which 1s to be reached at the end (H) ofthe acclimatization phase. may be
`
`selected to proyide.a smaller degree of compensation as compared to the target
`
`programmed by an audiologist.”), 3:49-4:24, 4225-67. The compensation increases
`
`power-on value ((~POV) for the APP_ which ts the value for the APP correspondmg
`"
`
`over ime to a replacement power-on-value (rPOV) each time the hearing aid 1s
`
`Petition — IPR of U.S. Patent No. 8,654,999
`
`Page 28
`
`IPR2017-00782
`III HOLDINGS 4, LLC
`Exhibit 2001
`
`IPR2017-00782
`
`

`

`'*0+0+.-
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`&*),(/(0+.-
`
`corresponds to the loudness, or amplitude, of the output signal. fa. at 3-25-26
`
`U.S. Patent 8,654,999
`Declaration of Les Atlas, PhD.
`impairment, and the compensation increases over time to a replacement power-on-
`
`value (rPOV) each time the hearing aid is turned on until it reaches (POV. Fichtl.
`
`Ex. 1103 al Fig. 2,3:42-48 (“Al time “A, a fitter programs an imital power-on
`
`value 1POV for the audio processing parameter as well asa target power-on value
`
`(POV... The larget power-on yalue tPOV is_ for example. 10 dB higher than the
`
`mibal power-on value POV), Abstract ("An initial power-on value (1POV) and a
`
`target power-on value ((POV), which is to be reached at the end (H) ofthe
`
`acclimatiation phase, may be programmed by an audiologist.”), 3:49-4:24, 4:25-
`
`67. Processor 9 uses APP values provided by controller 6.cluding the reduced
`
`values 1POV and rPOV relative to (POV generated by the acclimatization
`
`algenthm, to process sounds for the hearing device user.
`
`fet at Fig..2, 3-23-34.
`
`Thus, Ficht!"s acclimatization algorithm corresponds to adjustments applied by
`
`controller 6 to the collection of APPs of processor 9 to reduce the level of
`
`correction provided to the hearing device user by applicahon of the hearing aid
`
`profile.
`
`In other words, Fichtl’s acclimatization algonthm as executed by
`
`controller 6 generates a sequence of “hearing correction filters” includmgat least a
`
`first hearing correction filter and a second hearing correction filter.
`
`193. The APP adjusted by the acclimatization algonthm may correspond
`
`to, for example. volume or treble. Fichtl, Ex. 1103 at 3-42-47. A volume APP
`#
`
`tumed on until it reaches (POV. Jd. Processor 9 uses APP yalues provided by
`
`controller 6, including the reduced yalues 1POV and rPOVrelative to (POV
`
`generated by the acclimatization algorthm, to process sounds forthe heanmz
`
`device user. Jif. al Fig. 2, 3:23-34. Thus, Fichtl's acclimatization algonthm
`
`corresponds to adjustments apphed by controller 6 to the collection of APPs of
`
`processor 9 to reduce the level of correction provided to the heanng device user by
`
`appheaton of the heanng aid profile. Atlas Decl, Ex 1108, 9192. In other
`
`words, Fichil’s acclimatization algonthm as executed by controller 6 generates a
`
`sequence of “heanng correction filters” including at least a first heanng cormection
`
`filter and a second hearing cerection filter. Atlas Decl. Ex. 1108,
`
`§
`
`The APP adjusted by the acclimatization algorithm may correspond to, for
`
`example, volume or treble, Fichtl, Ex. 1103 at 342-47. A yolume APP
`
`corresponds to the loudness, or amplitude, of the output signal. Je. at 3-25-26
`
`(*The magnitude of the amplification can be controlled by a volume control 4.").
`
`3:44-48 (“The audio processing parameter APP is typically volume ..— The target
`
`power-on value tPOVis, for example, 10 dB higher than the mitial power-on value
`
`IPOWV."), 6242-48 ("The adjustments in the first adjustment direction are
`
`implemented by applying a faster leammmg speed... [If the audio processing
`
`parameter APP is volume, the first adjustment direction ts louder. ..") A treble
`
`APP correspondsto the loudness, or amplitude, specificallyofthe higher
`
`Petthon — IPR of U5. Patent No. $654,999
`
`IPR2017-00782
`III HOLDINGS 4, LLC
`Exhibit 2001
`
`IPR2017-00782
`
`

`

`'*0+0+.-
`
`&*),(/(0+.-
`
`frequencies. Atlas Decl. Ex. 1108.4,193. By applying an intermediate value that
`
`is lower than a target value, (POY, for the yolumeor treble APP, Ficht] provides a
`
`modulated output signal having a level that 1s within a range between an
`
`uncompensated output level and the desired output level Thus, Fichtl’s heanng
`
`comection filters are “incremental hearing corechion filters” and are created as in
`
`the "999 Patent. Atlas Decl. Ex. 1108.9 193, "999 Patent, Ex. 1101 at 3:32-41.
`
`As discussed above. Fichtl discloses an acclimatization program im which
`
`audio processing parameter (APP) settings are incrementally adjusted over ime
`
`from an inthal setting POV to a target setting (POV, providing for al least first and
`
`second hearing correction filters. Fichil, Ex. 1103 at 3:35-4:15, 4:25-67. Fichil's
`
`hearing device “is iniHally fitted toa heanng loss of a hearmg device user,”
`
`including an initial power-on value iPOV and a target power-on yalue (POV. fd. at
`
`LLS. Patent 8,654,999
`Declaration of Les Atlas. PhD
`
`(The magnitude of the amplification can be controlled by a volume control 4."),
`
`3-44-48 (“The audio processing parameter APP 1s typically volume . ... The target
`
`power-on value (POV is, for example, 10 dB higher than the initial power-on value
`
`IPOWV."), 6-42-48 (“The adjustments m the first adjustment direction are
`
`uuplemented by applying a faster learmmg speed ... .1f the audio processing
`
`parameter APP ts volume. the first adjustment direction is louder... ."). A treble
`
`APP corresponds to the loudness. or amplitude, specifically of the higher
`
`frequencies. By applying an intermediate value that is lower than a target value,
`
`{POV, for the volume or treble APP, Ficht! provides a modulated output signal
`
`having a level that 1s within a range between an uncompensated output level and
`
`the desired output level Thus, Fichtl’s hearmg correction filters are “incremental
`
`heanng correction filters” and are created as in the “999 patent. “999 patent Ex.
`
`oF
`
`The iPOYV ts selected to provide a smaller degree of compensation than
`
`1101 at 332-41.
`
`the (POV, which cormesponds to a hearing aid profile.
`
`|Thus. the POYand all
`
`incremental adjustments between the iPOV and the (POV are generated to provide
`
`values between the hearing loss level associated with the user (determmed dunng
`
`the intial fitting) and the hearmg aid profile ((POV). This sequence of incremental
`
`hearing correction filters is, accordingly. based at least in part on a magnitude ofa
`
`difference between a hearing aid profile and a hearng loss level associated with
`
`Peuttion — IPR of U.S. Patent No. $654,999
`
`Page 30
`
`194. As discussed above, Ficht! discloses an acclimatization program in
`
`which audio processing parameter (APP) settings are merementally adjusted over
`
`time from an initial setting iPOV to a target setting (POV, providing forat least
`
`first and second heanng correction filters. Fichtl, Ex. 1103 at 3:35-4:15, 4:25-67,.
`
`Fichtls heanme device “1s mihallyfitted to a hearing loss of a hearmeg device
`
`$
`user.” including an inital power-on value iPOV and a target power-on value POV.
`
`fd. at 3-37-48.
`
`(The iPOYV 1s selected to provide a smaller degree of compensation
`
`IPR2017-00782
`III HOLDINGS 4, LLC
`Exhibit 2001
`
`IPR2017-00782
`
`

`

`'*0+0+.-
`
`&*),(/(0+.-
`
`the user of the hearnng ad, and meludes atleast the first and second heanng
`
`correction filter, as claamed. Atlas Deck, Ex. 1108, 9 194.
`
`F.
`
`“provide a first signal related to the first hearing
`[10.4.2]
`correction filter of the sequence of incremental hearing correction
`filters to the hearing aid through the communication channel”
`
`Fichtl in view of Mangold discloses this hmitation. As discussed m Section
`
`VILE. [element 10.4.1], Frehtl's controller executes an acclimatization algonthm
`
`thal generates power-on values for an audio processing parameter (APP) to be
`
`applied by a processor of the hearing aid. the sequence of power-on values
`
`corresponding to a sequence of incremental heanng correction filters. Fichtl's
`
`acchmalization algonthm ts executed by Fichtl's controller 6 which would, as
`
`U.S. Patent 8,654,999
`Declaration of Les Atlas, Ph.D.
`as compared to the tPO'V_ and the tPOV corresponds to a hearing aid profile.
`
`Thus, the 1POV and all incremental adjustments in-between the POV and the
`
`(POVare generated to provide values between the hearmg loss level associated
`
`with the user (determined during the initial fitting) and the hearing aid profile
`
`(POV). This sequence of meremental bearing correction filters is, accordingly,
`
`based at least m part on a magnitude of a difference between a hearing aid profile
`
`and a hearing loss level associated with the user of the hearing aid_ and meludes at
`
`least the first and second hearing correction filter, as claimed.
`
`F.
`
`[Claim 10.4.2] “provide a first signal related to the first hearing
`correction filter of the sequence of incremental hearing correction
`filters to the hearing aid through the communication channel”
`
`195..Fichtl in wewof Mangold discloses this limitation. As discussed
`discussed above in Section VILA. [element 10 — preamble]. be incorporated into
`
`Fichtl's remote control and, as discussed above in Section VILC, [element 10.2].
`
`above with respect to element 10.4.1, Fichtl's controller executes an
`
`communicate with Fichtl's heanng aid through a communication channel to
`
`acclimatization algonthm that generates power-on values for an audio processing
`
`provide audio processing parameter (APP) power-on values (rPOYV) to a processor
`
`parameter (APP) to be applied by a processor of the hearing aid, the sequence of
`
`of Fichtl's hearing aid. Fichtl, Ex.
`
`| 103 at 3:23-25, 3:27-30. Fig.
`
`1. Because the
`
`APP power-on values provided by Ficht!"s remote contro! to the hearing aid
`
`through a communication channel are related to corresponding incremental heanng
`
`power-on values corresponding to a sequence of incremental heanng correction
`
`filters: Fichil’s acclimatization algorithm ts executed by Fichtl’s controller 6
`
`which would, as discussed above with respect to clement 10 — preamble, be
`
`94
`
`incorporated into Fichtl’s remote control and, as discussed above with respect to
`correction filters, Fichtl in view of Mangold discloses providingafirst signal
`IPR2017-00782
`element 10.2, communicate with Fichtl’s hearing aid through a communication
`III HOLDINGS 4, LLC
`Exhibit 2001
`
`%
`channel to provide audio processing parameter (APP) power-on values (rPOV) toa
`
`related to the first heanng correction filter of the sequence of meremental hearing
`
`Pettion— IPR of U.S. Patent No. 8.654,999
`
`IPR2017-00782
`
`