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 .
Election/Restrictions
Applicant’s election of Species I, claims 1-10, in the reply filed on October 28, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 28, 2025.
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 1-10 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.
Regarding claim 1, the phrase "such as" (see line 3) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, the limitations (hearing aid or earbud), following the phrase “such as” are considered as not required.
Also, it is unclear if “a hearing device” in line 4, of claim 1, is the same hearing device recited in line 1 or if it is a different hearing device. Given the context of the claim and the fact that the claim refers back to the side surface recited in line 2, it appears that line 4 intended to refer back to the hearing device in line 1. For examination purposes, line 4 is interpreted as reciting “the hearing device”.
Claims 2-10 depend from claim 1, either directly or indirectly, and inherit the same deficiencies.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sjoeroos et al (US 11,700,472 B1).
Regarding claim 1, Sjoeroos et al teaches (see Figs. 2-5): A charging device (electronic apparatus 300, wireless charger 400)) configured to charge a hearing device (earbuds 310), wherein the hearing device (310) has a hearing device housing (earbud 310a & 310b and stems 305a & 305b) having a side surface (the earbuds and stems have side surfaces), the hearing device being an ear level device (an earbud), such as hearing aid or an earbud, the charging device comprising: a housing (enclosure 302) having a reception area (the area inside lid 303 and the surface of enclosure 302 to accommodate earbud 310) configured to receive the hearing device (310), wherein the reception area is configured (as shown in Figs. 1, 3a & 3b) so that the hearing device will be lying with the side surface in contact with the reception area during charging (the earbud 310 side surfaces will be resting in contact with the reception area during charging), a charge supply (battery 304, coils 306a & 306b and/or charger 400, coil 307) configured to provide a charge current to the hearing device (310), wherein said charge current is provided to the hearing device as a wireless charge signal (see col. 10, lines 14-26 and col. 12, lines 26-62), and said charge supply comprises at least one coil (coils 306a & 306b) arranged at said reception area, the reception area comprising a first retention area (first cavity 305a & second cavity 305b) configured to engage with a first part (a stem portion of earbud 310) of the hearing device which then guide the hearing device to have a specific orientation relative to the reception area (as shown in Figs. 1, 3a & 3b), wherein the first retention area comprises a protrusion and/or a groove (cavities 305a & 305b can be considered a groove) configured to mechanically engage said first part of the hearing device (as shown in Figs. 1, 3a & 3b) (also see col. 5, line 45 – col. 6, line 40; col. 8, line 43 – col. 12, line 25).
Regarding claim 2, Sjoeroos et al teaches: The charger device according to claim 1, further comprising a magnet (magnet 320) arranged at the reception area and configured to provide a magnetic field (magnet 320 provides a magnetic field) that intercept a magnetizable component (magnetic conductor material 314a & 314b) in said hearing device (earbud 310).
Regarding claim 3, Sjoeroos et al teaches: The charger device according to claim 1, wherein said first part (the stem) of the hearing device (earbud 310) is at least one of: a sound hook, a wire, a tube (the stem of the earbud 310 is in the form of a tube, see Figs. 1 and 3a).
Regarding claim 4, Sjoeroos et al teaches: The charger device according to claim 1, wherein said coil (coils 306a & 306b) is arranged in a cylindrical (see Figs. 3a & 3b) or helical shape, and wherein at least part of the reception area (cavities 305a & 305b) is arranged in a volume inside the cylinder (as shown in Figs. 3b & 3b, the cavities 305a & 305b are arranged inside the coils 306a & 306b) or helix.
Regarding claim 5, Sjoeroos et al teaches: The charger device according to claim 1, wherein charge supply comprises a first coil (coil 307) arranged at a lower part of the reception area, and the charge supply further comprises a second coil (coils 306a & 306b) arranged at a top part of the reception area (when electronic apparatus 300 is oriented in the charging position shown in Fig. 5, coil 307 will be in a lower part and coils 306a & 306b will be in a top part of the reception area).
Regarding claim 7, Sjoeroos et al teaches: The charger device according to claim 1, further comprising a communication interface (radio 217 and/or earbud interface 245) configured to communicate with a device (an earbud, smartphone, tablet computer, or laptop, etc.) being positioned at the reception area (see col. 7, line 54-60), wherein the communication is wired or wireless (the radio 217 is wireless and earbud interface 245 can be wired, see col. 7, lines 16-60).
Regarding claim 8, Sjoeroos et al teaches: The charger device according to claim 7, wherein the communication interface (radio 217 and/or earbud interface 245) is configured to communicate interleaved with charging the device or the communication interface is configured to communicate using a channel different from a charging channel (see col. 7, lines 16-60).
Regarding claim 9, Sjoeroos et al teaches: The charger device according to claim 1, further comprising a communication interface (radio 217) configured to communicate with an external computer device (a smartphone, a table computer or laptop, see col. 7, line 54-60) so as to receive instructions from said external computer device (the radio 217 enables the enclosure to transmit and receive data communications, see col. 7, lines 54-60).
Regarding claim 10, Sjoeroos et al teaches: The charger according to claim 9, wherein the external computer device is a smartphone or a personal computer or a server device (a smartphone, a table computer or laptop, see col. 7, line 54-60).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sjoeroos et al (US 11,700,472 B1) in view of Jackson et al (US 11,670,962 B2).
Regarding claim 6, the teachings of Sjoeroos et al as applied to claim 1 have been discussed abvove. Sjoeroos et al also teaches: wherein the charger device is configured to determine that the hearing device is in a position to be charged (via earbud detector 215, see Fig. 2 and col. 7, lines 42-46), and an output transducer (charge indicators 235).
Sjoeroos et al does not teach that the output transducer is configured to provide haptic feedback upon determination that the hearing device is in the position to be charged.
Jackson et al teaches (see Fig. 11B) a charger device (storage case 1128) configured to determine that a hearing device (earbuds 1120) is in a position to be charged, wherein the charger device comprises an output transducer configured to provide haptic feedback upon determination that the hearing device is in the position to be charged (see col. 24, lines 46-60).
In view of Jackson et al’s teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to include, with the charger device of Sjoeroos et al, the charger device comprises an output transducer configured to provide haptic feedback upon determination that the hearing device is in the position to be charged, since a haptic output would provide the user an additional notification without the user having to view a display or indicator light (see col. 5, lines 3-6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bisgaard et al (US 12,401,952 B2) teaches a method and system for charging the battery of a hearing aid (see Fig. 3).
Aase et al (US 12,245,001 B2) teaches wireless charging of hearing devices with magnetic retention of the hearing devices in the charger (see Fig. 1).
Shriner et al (US 12,052,548 B2) teaches a hearing instrument charger with a retention magnet in the charger (see Fig. 1).
Forrester et al (US 2023/0208193 A1) teaches an inductive charging case for a hearing device (see Fig. 3).
Please see the additional references cited on the attached PTO-892, which are also related to chargers for hearing devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 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, Drew Dunn can be reached at 571-272-2312. 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.
/JARED FUREMAN/Primary Examiner, Art Unit 2859