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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9 July 2026 has been entered.
Response to Amendment
Applicant’s amendment, filed 9 July 2026, is acknowledged. Claim 1 is amended. Claim 16 is new. Claims 14 and 15 were previously cancelled.
Claims 1-13 and 16 are pending in the instant application.
Response to Arguments
In response to Applicant’s arguments, filed 9 July 2026, with respect to the rejection(s) of claim(s) 1-13 under 35 USC 103, regarding feature b) of the arguments, the Examiner disagrees that Bengt does not disclose the transformer core is configured to be implanted fully or partially within a part of an ear of the user, but in order to advance prosecution, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bengt (SE543180C2) and Faltys (US 2005/0251225) and further in view of Ayre (US 20060259096 A1).
The Examiner will address the arguments regarding features c-e of the remarks. The scanned copies of the submitted documents are in black and white; however, the Examiner believes they understand the arguments put forth. Applicant states, with respect to Bengt, “the final (blue) conductor path/conductor does not conductively connect the power supply circuitry and the first connector part.” The Examiner disagrees because the final conductor travels from the power supply through the first connector to the second connector and is then placed in direct contact with the first connector part, establishing the of the power supply to the first connector part. The Examiner agrees that the first and final conductor paths connect one and the same connector part, i.e., the first connector part, to the power supply circuitry, because it is a closed loop so under a broad interpretation each connector part is connected to the power supply in some way. Applicant states “the middle loop (green) conductor path/conductor does not conductively connect a first section of the second connector part and a second section of the same second connector part. To the contrary, in Bengt the middle loop conductor path connects a first section of the first connector part to a second section of the second connector part.” But for the same reasons as the final conductor path, the Examiner disagrees. Under a broad interpretation, the middle path starts in connection of the second connector part (the connection the meets the first conductor path) and the middle loop conductor path proceeds back around, through the first connector to then conductively connect to a second section of the same second connector part. The Examiner acknowledges Applicant’s attempt to limit the interpretation of the paths, but under the broadest reasonable interpretation Bengt still reads on claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the final conductor" in line 24. Lines 21 and 26 recite “the final conductor path”, so it is unclear if “the final conductor” is a typo or intended to reference a different component, rendering the claim indefinite.
Claims 2-13 inherit the same deficiency.
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.
Claim(s) 1-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bengt (SE543180C2) in view of Faltys (US20050251225A1) and further in view of Ayre (US 20060259096 A1)
Regarding claim 1, Bengt discloses an implantable hearing system (Fig. 1, ref. 100; Page 4, line 24 to Page 5 line 12) comprising: an implantable unit (Fig.1, ref. 102; page 12, line 26) configured to be at least partly implanted in the body of a user; a transformer core (Fig. 1, ref. 1 06; page 12, line 27) configured to be arranged at least partly under the skin of the user (Page 3, lines 24-25), an internal cabling configured to connect the implantable unit to the transformer core, wherein the internal cabling comprises a first winding around the transformer core (Fig. 1, ref. 107; page 12, lines 28-30); and an external unit (Fig. 1, ref. 101; page 12, line 30) configured to be at least partly arranged outside the body of the user, the external unit comprising: a power supply circuitry (Fig. 1, ref. 103: page 12, lines 31 /32) and a connector coupled to the power supply circuitry configured to supply power from the power supply circuitry to the implantable unit via the transformer core (Fig. 3B, ref. 301; page 13, lines 30-33), wherein the connector comprises a first connector part (See annotated Fig. 3B below) and a second connector part (See annotated Fig. 3B below); wherein a first conductor path conductively connects the power supply circuitry and the first connector part (See annotated Fig. 3B below), a middle loop conductor path (See annotated Fig. 3B below) conductively connects a first section of the second connector part and a second section of the second connector part (See annotated Fig. 3B below), wherein the middle loop conductor path preferably at least partly extends in the first connector part (See annotated Fig. 3B below); a final conductor path conductively connecting the first connector part (See annotated Fig. 3B below) and the power supply circuitry (Figure 3B, where connected both the first and second connector parts are conductively connected to the power supply); wherein the first connector part and the second connector part are joinable to conductively connect the first conductor path and the final conductor path via the middle loop conductor path in series (page 14, lines 10-12) and, wherein a second winding is formable around the transformer core by joining the first connector part and the second connector part (page 14, lines 13/14).
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Bengt discloses the medical device is an implantable hearing aid system (Pages 4-5) and the external unit further comprises a housing (Figure 1). Bengt does not disclose the external unit is an earhook hearing aid. Faltys discloses a cochlear implant system wherein the external housing comprises an earhook (Figure 4, Paragraph [0015]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by Bengt, with the external housing comprising an earhook as taught by Faltys, since such a modification would provide the predictable results of allowing the device to remain close to the transformer core without relying on the core for support.
Modified Bengt discloses the transformer core is configured to be arranged at least partly under the skin of the user (Page 3, lines 24-25), but does not explicitly disclose the transformer core is configured to be implanted fully or partially within a part of an ear of the user. Ayre discloses a device for communicating electric signals across the skin layer of a patient (Abstract), wherein the device comprises a conductive core and a plurality of windings (Abstract, Figure 1) analogous to modified Bengt, wherein the transformer core (conductive core) is configured to be implanted fully or partially within a part of an ear of the user (Paragraph [0039]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by Bengt, with the transformer core being configured to be implanted fully or partially within a part of an ear of the user as taught by Ayre, since such a modification would provide the predictable results of providing a suitable location of the transformer core for use with an earhook external housing (close proximity).
Regarding claims 2 and 3, Bengt, in figured 5A, 5B, 6A and 6B discloses additional loops to increase the number of windings in the external cabling, wherein the additional loops are connected in series when the first and second connector parts are joined.
Regarding claims 4 and 5, Bengt discloses the first loop conductor path and the final loop conductor path solely extend in the first connector (The loops in Fig. 3B and 5A-6B can be openly interpreted to read on the final loop connector, further figures 4B and 4C discloses a loop external to the first connector, wherein the internal loops can be interpreted as the first and final loops).
Regarding claim 6, Bengt discloses the first connector part and/or the second connector part are joinable via a plug connection (Figures 6A and 6B).
Regarding claim 7, Bengt discloses the portions of the conductor path extending in between the first connector part and the second connector part are enclosed at least partially by a protective housing (Figures 6A and 6B).
Regarding claim 8, Bengt discloses the transformer core is substantially circular and/or comprises a through hole (Figure 8).
Regarding claim 9, Bengt discloses the implantable unit is configured to generate an output (Page 3, lines 20-21) and can used for one or more of a cochlear implant, an auditory transmodiolar implant, an auditory brainstem implant, a bone conduction hearing aid, and a middle ear implant (Claim 8).
Regarding claim 10, Bengt, as modified by Faltys in claim 1, previously disclosed the implantable hearing system comprises an external unit that further comprises a housing and an earhook attached to the housing (See claim 1 supra, Faltys, Figure 4, Paragraph [0015]).
Regarding claim 11, Bengt, as modified in claim 10, does not disclose the power supply circuity is arranged inside the housing. Faltys discloses the power supply circuity arranged inside the housing (Paragraph [0011]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by modified Bengt, with the power supply circuity arranged inside the housing as taught by Faltys, since such a modification would provide the predictable results of allowing the weight of the power supply in the housing to be supported by the earhook.
Regarding claim 12, Bengt, as modified in claim 10, discloses the first connector part is at least partly arranged inside the earhook (Bengt discloses the first connector is internal to the housing (Figure 1) and Faltys discloses the device is an earhook (Figure 4) so the first connector would be internal to the earhook, at least partially). Modified Bengt discloses the device has a plug port (Figure 6) and as Faltys discloses the device is an earhook, the earhook would have to comprise the port.
Regarding claim 13, Bengt, as disclosed in claim 10, discloses the connector part is at least partly arranged inside a housing (Figure 6A and 6B) and wherein the housing comprises a port (Figure 6A and 6B), in particular a plug port, to connect the first connector part and the second connector part (Figure 6A and 6B), and wherein the second connector part is at least partly arranged inside the housing (Figure 6A and 6B) and wherein at least a part of the housing is configured to be inserted through the through hole of the transformer core (Figure 6A and 6B, the external cable can be interpreted as part of the housing and that goes through the core, Figure 1). Bengt does not disclose the housing comprises an earhook. Faltys discloses a cochlear implant system wherein the external housing comprises an earhook (Figure 4, Paragraph [0015]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by Bengt, with the external housing comprising an earhook as taught by Faltys, since such a modification would provide the predictable results of allow the device to remain close to the transformer core without relying on the core for support.
Regarding claim 16, Bengt discloses an implantable hearing system (Fig. 1, ref. 100; Page 4, line 24 to Page 5 line 12) comprising: an implantable unit (Fig.1, ref. 102; page 12, line 26) configured to be at least partly implanted in the body of a user; wherein the implantable unit is a bone conduction hearing aid comprising an implantable vibrator configured to be attached to skull of the user, the vibrator being configured to generate vibrations in accordance with an output (Page 5, lines 5-8); a transformer core (Fig. 1, ref. 1 06; page 12, line 27) configured to be arranged at least partly under the skin of the user (Page 3, lines 24-25), an internal cabling configured to connect the implantable unit to the transformer core, wherein the internal cabling comprises a first winding around the transformer core (Fig. 1, ref. 107; page 12, lines 28-30); and an external unit (Fig. 1, ref. 101; page 12, line 30) configured to be at least partly arranged outside the body of the user, the external unit comprising: a power supply circuitry (Fig. 1, ref. 103: page 12, lines 31 /32) and a connector coupled to the power supply circuitry configured to supply power from the power supply circuitry to the implantable unit via the transformer core (Fig. 3B, ref. 301; page 13, lines 30-33), wherein the connector comprises a first connector part (See annotated Fig. 3B below) and a second connector part (See annotated Fig. 3B below); wherein a first conductor conductively connecting the power supply circuitry and the first connector part (See annotated Fig. 3B below), a middle loop conductor (See annotated Fig. 3B below) conductively connects a first section of the second connector part and a second section of the second connector part (See annotated Fig. 3B below), wherein the middle loop conductor path preferably at least partly extends in the first connector part (See annotated Fig. 3B below); a final conductor path conductively connecting the first connector part (See annotated Fig. 3B below) and the power supply circuitry (Figure 3B, where connected both the first and second connector parts are conductively connected to the power supply); wherein the first connector part and the second connector part are joinable to conductively connect the first conductor path and the final conductor path via the middle loop conductor path in series (page 14, lines 10-12) and, wherein a second winding is formable around the transformer core by joining the first connector part and the second connector part (page 14, lines 13/14).
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Bengt discloses the medical device is an implantable hearing aid system (Pages 4-5) and the external unit further comprises a housing (Figure 1). Bengt does not disclose the external unit is an earhook hearing aid. Faltys discloses a cochlear implant system wherein the external housing comprises an earhook (Figure 4, Paragraph [0015]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by Bengt, with the external housing comprising an earhook as taught by Faltys, since such a modification would provide the predictable results of allowing the device to remain close to the transformer core without relying on the core for support.
Modified Bengt discloses the transformer core is configured to be arranged at least partly under the skin of the user (Page 3, lines 24-25) but does not explicitly disclose the transformer core is configured to be implanted fully or partially within a part of an ear of the user. Ayre discloses a device for communicating electric signals across the skin layer of a patient (Abstract), wherein the device comprises a conductive core and a plurality of windings (Abstract, Figure 1) analogous to modified Bengt, wherein the transformer core (conductive core) is configured to be implanted fully or partially within a part of an ear of the user (Paragraph [0039]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the implantable hearing system as taught by Bengt, with the transformer core being configured to be implanted fully or partially within a part of an ear of the user as taught by Ayre, since such a modification would provide the predictable results of providing a suitable location of the transformer core for use with an earhook external housing (close proximity).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
Prosecution Insights