DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 February 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to Zeng et al. (US Publication no. 2015/0018699) have been fully considered and are persuasive. The rejection has been withdrawn. However, newly discovered reference to Heasman et al. (US Publication no. 2018/0110982) has been applied to address the use of cochlear microphonics to drive stimulation applied by an auditory prosthetic device. Rejections using Heasman et al. are presented below. The previously indicated allowable subject matter is withdrawn in view of the newly discovered reference.
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.
Claim(s) 1, 3, 4, 7-17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heasman et al. (US Publication no. 2018/0110982).
In regard to claim 1, Heasman et al. disclose an auditory prosthetic device figure 1b, electronic hearing prosthesis 100), comprising:
an electrode array that is configured for insertion into at least a portion of a subject's inner ear (figure 1B, para 33-35, intra-cochlear stimulating assembly 126), wherein the electrode array is configured to record an early auditory potential (para 41, electrodes 138 (the same as the stimulating contacts of assembly 126) are configured to obtain voltage measurements, wherein the voltage potential measured is referred to as the “inner ear potential”, this inner ear potential is considered the same as the early potential as claimed (see present specification para 35 which discusses the early potential sensed from the inner ear),
wherein the early auditory potential comprises a cochlear microphonic (para 41-44, 51, and 76-79, the inner ear potential includes a cochlear microphonic); and a receiver-stimulator (figure 1B, transceiver 130 coupled to stimulator unit 132 coupled to external unit 102 as shown in figure 1a, components 104 and 102 considered to comprise the receiver-stimulator as a structure similar to that of present specification as depicted in figure 2A) operably coupled to the electrode array 126, wherein the electrode array 126 is configured to:
process, using a digital signal processor (DSP) (para 85, an onboard DSP may be employed; also see param 49 wherein a measurement module 118 and computer 105 with acoustic prescription module 144 process the sensed cochlear microphonic or other inner ear potential), the early auditory potential recorded by the electrode array to generate a stimulation signal, (para 49 and 59, the recorded inner ear potential which include the cochlear microphonic is processed to generate input/output functions based on the analysis of the cochlear microphonic to produce an acoustic prescription for providing acoustic stimulation signals), and
transmit the stimulation signal to the electrode array, wherein the stimulation signal is used to drive stimulation by the auditory prosthetic device (para 37-38, output signals representative of stimulation signals are sent to the implantable component 104 to be received by transceiver 130)
Heasman et al., while using the cochlear microphonic as an inner ear potential, appears to use the measurement to drive acoustic stimulation signals (para 40). However, this feature is not considered patentably distinguishing over the present claims. While the stimulation adjusted by the inner ear potential is acoustic stimulation, the measurement is used to drive a stimulation by an auditory device. It is considered that this measurement may also be capable of driving the electrical stimulation also provided by Heasman et al. (para 38-39). Actually, Heasman et al. expressly suggests that other types of stimulation may also be used in accordance with the operation of the device. Therefore, it is considered to have been obvious to one of ordinary skill in the art to modify Heasman et al. to use the analysis of the cochlear microphonic to create input/output functions to drive the electrical stimulation feature since Heasman et al. is structurally and functionally configured to operate this way, and since Heasman et al. expressly suggests that other forms of stimulation may be driven in this manner. The modification is considered to comprise the application of a known technique to a known device to yield a predictable result. HeasHeas
In regard to claim 3, Heasman et al. as modified suggests the stimulation signal is applied within the subject's cochlea using the electrode array 126 (para 38).
In regard to claim 4, Heasman et al. includes a receiver-stimulator (figure 1B, transceiver 130 coupled to stimulator unit 132 coupled to external unit 102 as shown in figure 1a, components 104 and 102 considered to comprise the receiver-stimulator as a structure similar to that of present specification as depicted in figure 2A, and may include a the digital signal processor (DSP) (para 85)).
In regard to claim 7, Heasman et al. teaches the electrode array 126 includes a plurality of electrodes 138 (figure 1B, para 34-35).
In regard to claims 8 and 9, Heasman et al. teaches the early auditory potential is recorded at one or more of the electrodes of the electrode array, wherein the early auditory potential is recorded at each of the electrodes of the electrode array. (para 41, electrodes 138 (the same as the stimulating contacts of assembly 126) are configured to obtain voltage measurements, wherein the voltage potential measured is referred to as the “inner ear potential”, this inner ear potential is considered the same as the early potential as claimed (see present specification para 35 which discusses the early potential sensed from the inner ear).
In regard to claim 10, Heasman et al. teach the electrodes 138 of the electrode array 126 are arranged to correspond to different tonotopic locations of the subject's cochlea.
In regard to claim 11, Heasman et al. teach that the early auditory potential further comprises at least one of a compound action potential (CAP), a summating potential (SP), or an auditory nerve neurophonic (ANN) (para 42 and 48).
In regard to claim 12, Heasman et al. teach that the auditory prosthetic device is a cochlear implant, an implantable device, and that the auditory prosthetic device is a semi-implantable device (para 7/42, intracochlear stimulating assembly; para 30, implantable component 104, and external component 102; para 28 and 53).
In regard to claim 15, Heasman et al. disclose an auditory prosthetic device figure 1b, electronic hearing prosthesis 100), comprising method for using early auditory potentials in an auditory prosthetic device, comprising:
recording, using an electrode array, an early auditory potential (figure 1B, para 33-35, intra-cochlear stimulating assembly 126; (para 41, electrodes 138 (the same as the stimulating contacts of assembly 126) are configured to obtain voltage measurements, wherein the voltage potential measured is referred to as the “inner ear potential”, this inner ear potential is considered the same as the early potential as claimed (see present specification para 35 which discusses the early potential sensed from the inner ear),
wherein the early auditory potential comprises a cochlear microphonic (para 41-44, 51, and 76-79, the inner ear potential includes a cochlear microphonic);
processing, using a digital signal processor (DSP), the early auditory potential to generate a stimulation signal (para 85, an onboard DSP may be employed; also see param 49 wherein a measurement module 118 and computer 105 with acoustic prescription module 144 process the sensed cochlear microphonic or other inner ear potential; para 49 and 59, the recorded inner ear potential which include the cochlear microphonic is processed to generate input/output functions based on the analysis of the cochlear microphonic to produce an acoustic prescription for providing acoustic stimulation signals)); and
transmitting the stimulation signal to the electrode array, wherein the stimulation signal is used to drive stimulation by an auditory prosthetic device (para 37-38, output signals representative of stimulation signals are sent to the implantable component 104 to be received by transceiver 130)
Heasman et al., while using the cochlear microphonic as an inner ear potential, appears to use the measurement to drive acoustic stimulation signals (para 40). However, this feature is not considered patentably distinguishing over the present claims. While the stimulation adjusted by the inner ear potential is acoustic stimulation, the measurement is used to drive a stimulation by an auditory device. It is considered that this measurement may also be capable of driving the electrical stimulation also provided by Heasman et al. (para 38-39). Actually, Heasman et al. expressly suggests that other types of stimulation may also be used in accordance with the operation of the device. Therefore, it is considered to have been obvious to one of ordinary skill in the art to modify Heasman et al. to use the analysis of the cochlear microphonic to create input/output functions to drive the electrical stimulation feature since Heasman et al. is structurally and functionally configured to operate this way, and since Heasman et al. expressly suggests that other forms of stimulation may be driven in this manner. The modification is considered to comprise the application of a known technique to a known device to yield a predictable result. HeasHeas
In regard to claim 16, Heasman et al. as modified teaches applying, using the electrode array, the stimulation signal within a subject's cochlea the stimulation signal is applied within the subject's cochlea using the electrode array 126 (para 38).
In regard to claim 17, Heasman et al. teaches that electrode array is used to both record the early auditory potential and apply the stimulation signal (para 41, electrodes 138 (the same as the stimulating contacts of assembly 126) are configured to obtain voltage measurements, wherein the voltage potential measured is referred to as the “inner ear potential”, this inner ear potential is considered the same as the early potential as claimed (see present specification para 35 which discusses the early potential sensed from the inner ear).
In regard to claim 19, Heasman et al. teaches that the early auditory potential further comprises at least one of a compound action potential (CAP), a summating potential (SP), or an auditory nerve neurophonic (ANN) (para 42 and 48).
In regard to claim 20, Heasman et al. teaches that the electrode array 126 is inserted into at least a portion of a subject's inner ear (para 33, an intra-cochlear assembly).
Claim(s) 5, 6, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heasman et al. (US Publication no. 2018/0110982) in view of Zeng et al. (US Publication no. 2015/0018699 – previously cited).
In regard to claims 5, 6, and 18, Heasman et al. substantially teaches and suggests the invention as claimed, however does not teach the processing the early auditory potential to generate the stimulation signal comprises detecting and removing a stimulus artifact, wherein the stimulus artifact is detected and removed using at least one of a template matching technique, a linear interpolation technique, or low pass filtering. Zeng et al. teach that within cochlear implant systems the stimulation artifact makes it difficult to record compound action potentials (para 53 and 65). Therefore, Zeng et al. describe a technique for reducing stimulation artifact (para 66) that uses artifact cancellation and reduction such as template matching (para 67) and linear interpolation (para 77). In view of this, it is considered to have been obvious to one of ordinary skill in the art to modify Heasman et al. to detect stimulation artifact and reduce or remove it since Zeng et al. explicitly teaches the artifacts should be removed to prevent corrupted action potential measurements. The modification would the application of a known technique to a known device to yield a predictable result. Moreover, the low pass filter is considered an alternative equivalent technique for cancelling artifact noise.
Conclusion
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/BRIAN T GEDEON/Primary Examiner, Art Unit 3796 29 May 2026
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