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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 3/10/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
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.
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) 1-15, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killion et al. (US 2015/0073297 A1, hereinafter Killion) in view of Usher et al. (US 2019/0273999 A1, hereinafter Usher).
For claim 1, Killion discloses an instrument configured to test the middle-ear function of a test subject (Figs1-4) ([0025-0032]) the instrument comprising an ear probe (Fig 5) configured for insertion in an ear of test subject, the ear probe comprising:
an acoustic output unit (sound generating circuitry in [0033]) comprising a receiver (sound generating circuitry in [0033]) the acoustic output unit being configured to provide a stimulus into the ear of the test subject via said receiver (Fig 5) ([0033-0047]),
an acoustic input unit (sound receiving circuitry in [0033]) comprising a microphone (sound receiving circuitry in [0033]), the acoustic input unit being configured receive a reflected part of said stimulus via said microphone and provide an electrical input signal (Fig 5) ([0033-0047]),
an ear-probe body (507) for accommodating said microphone and said receiver (Fig 5) ([0033-0047]), and
an ear-probe tip (509) comprising a tip opening (opening of 509) for outputting said stimulus and receiving said reflected part of the stimulus (Fig 5) ([0033-0047]),
wherein the ear-probe tip comprises a sound access tube ([0033-0039]) with a longitudinal axis, where said sound access tube provides access between a receiver opening and a microphone opening, respectively, and said tip opening (Fig 5) ([0033-0047]), and where said receiver opening and microphone opening are arranged at a distance from said tip opening along said longitudinal axis (Fig 5) ([0033-0047]), and
wherein the instrument is configured to provide said stimulus comprising one or more frequencies above 226 Hz into the ear of the test subject via said receiver (Fig 2B, 4) ([0022-0032]).
For claim 1, Killion discloses the claimed invention as set forth hereinabove, except for explicitly disclosing wherein said receiver opening is an opening from said receiver via a receiver sound tube, said microphone opening is an opening from said microphone via a microphone sound tube, and said sound access tube surrounds said receiver opening and said microphone opening.
For claim 1, Usher teaches an instrument (100) (Fig 1) ([0035-0043]) for testing middle-ear canal sealing ([0035-0043]), comprising inter alia: a receiver opening (opening of ear canal receiver, ECR, 114 for audio delivery into ECR tube 112) (Fig 1) ([0035-0043]) is an opening from said receiver via a receiver sound tube (112), a microphone opening (opening of ear canal microphone, ECM, 106 for audio transmission through ECM tube 110) is an opening from said microphone via a microphone sound tube (110), and a sound access tube (expandable sealing unit 108) surrounds said receiver opening and said microphone opening (108 surrounds both the distal and proximal, left and right, openings of 110 and 112) (Fig 1) ([0035-0043]).
For claim 1, Killion and Usher are both considered to be analogous to the claimed invention because they are in the same field of ear canal inserts with microphones and receivers for evaluating inner ear canal sounds. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Killion to incorporate the teachings of Usher to provide sound tubes for microphone and receivers. Doing so would aid in effectively sealing the evaluation ear canal from ambient external noise via an earphone sealed evaluation instrument.
For claim 2, Killion discloses the instrument according to claim 1, wherein the instrument is configured to provide said stimulus comprising one or more frequencies up to at least 4 kHz (Fig 2B, 4) ([0022-0032]).
For claim 3, Killion discloses the instrument according to claim 1, wherein the instrument is configured to determine one or more middle-ear function parameters of the ear canal of the test subject based on one or more middle-ear function parameters measured and/or calculated at said receiver opening and microphone opening (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 4, Killion discloses the instrument according to claim 3, wherein determining one or more middle-ear-function parameters of the ear canal of the test subject is at least partly based on source parameters of the ear probe (Fig 2B, 4, 5, 7) ([0022-0054]), as determined from a calibration procedure of the ear probe (Fig 2B, 4, 5, 7) ([0022-0054]), such as acoustic Thevenin-equivalent source parameters, Norton-equivalent source parameters, or reflectance source parameters.
For claim 5, Killion discloses the instrument according to claim 3, wherein the one or more middle-ear-function parameters measured and/or calculated at said receiver opening and microphone opening comprises a measured sound pressure, a calculated impedance, a calculated acoustic admittance, and a calculated reflectance (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 6, Killion discloses the instrument according to claim 3, wherein, determining one or more middle-ear-function parameters of the ear canal of the test subject, comprises propagating a transmission line from said calculated impedance at said receiver opening and microphone opening (Fig 2B, 4, 5, 7) ([0022-0054], esp [0044]).
For claim 7, Killion discloses the instrument according to claim 1, wherein the middle-ear-function parameters of the ear canal of the test subject comprises one or more of an ear-canal impedance (Zec), a complex ear-canal volume (Vec), an ear-canal admittance (Yec), an ear-canal reflectance (Rec), and/or an ear- canal power absorbance (A e) (Fig 2B, 4, 5, 7) ([0022-0054], esp [0044]).
For claim 8, Killion discloses the instrument according to claim 1, wherein the receiver opening and the microphone opening are arranged at equal distance from said tip opening along said longitudinal axis (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 9, Killion discloses the instrument according to claim 1, wherein the instrument is configured to provide said stimulus as a wideband click (Fig 2B, 4, 5, 7) ([0019-0054]).
For claim 10, Killion discloses the instrument according to claim 1, wherein the instrument further comprises an ear tip (709B) for releasable attachment to the ear-probe tip (Fig 7) ([0039-0054]), where the ear tip is configured to provide a barometric seal toward the ear-canal walls in the ear of the test subject (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 11, Killion discloses the instrument according to claim 1, wherein the ear-probe tip is releasably connected to said ear-probe body (Fig 7) ([0039-0054]).
For claim 12, Killion discloses the instrument according to claim 1, wherein the instrument further comprises a pump (sound source) ([0047-0054]) and a pressure sensor (microphone) ([0047-0054]), where the instrument is configured to control the pressure in the ear canal of the test subject by the pump and the pressure sensor ([0047-0054]).
For claim 13, Killion discloses the instrument according to claim 1, wherein the instrument further comprises one or more wax guards (709A) (Fig 7) arranged at said receiver opening and/or at said microphone opening.
For claim 14, Killion discloses the instrument according to claim 1, wherein the instrument further comprises one or more wax guards (709A) (Fig 7) arranged at said tip opening.
For claim 15, Killion discloses the instrument according to claim 1, wherein the instrument further comprises a signal generator (one of the one or more processors in [0033]) (Fig 5) for providing said stimulus, and a processor (another of the one or more processors in [0033]) (Fig 5) configured to carry out the determination of said one or more middle-ear-function parameters of the ear canal of the test subject (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 19, Killion discloses the instrument according to claim 2, wherein the instrument is configured to determine one or more middle-ear-function parameters of the ear canal of the test subject based on one or more middle-ear-function parameters measured and/or calculated at said receiver opening and microphone opening (Fig 2B, 4, 5, 7) ([0022-0054]).
For claim 20, Killion discloses the instrument according to claim 4, wherein the one or more middle-ear- function parameters measured and/or calculated at said receiver opening and microphone opening comprises a measured sound pressure, a calculated impedance, a calculated acoustic admittance, and a calculated reflectance (Fig 2B, 4, 5, 7) ([0022-0054]).
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 3/10/26, with respect to the 112(f) interpretation and the 112(b) and 101 rejections in view of the amended claim(s) have been fully considered and are persuasive. The 112(b) and 101 rejections of the claims have been withdrawn.
Applicant’s arguments with respect to the anticipatory prior art rejection under Killion of claim(s) 1-15 and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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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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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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