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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/4/2026 has been entered.
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.
Claims 1-2, 4-7, 9, 11 & 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Olsen, US Patent Pub. 20060104466 A1, in view of Brimhall et al, US Patent 6516074 B1.
Re Claim 1, Olsen discloses an ear-wearable electronic device, comprising: a shell having a uniquely-shaped outer surface that corresponds uniquely to an ear geometry of a wearer of the device (fig. 1: hearing aid shaped to be mounted with the ear geometry of a wearer includes a shell with at least a first contact surface; abstract), the shell comprising a first contact surface (fig. 1: hearing aid shaped to be mounted with the ear geometry of a wearer includes a shell with at least a first contact surface; abstract); a battery housing comprising a first mounting interface and a battery compartment configured to receive a battery (fig. 1: first insertion region 9; para 0009: first insertion region for the battery, where the battery will naturally have a shape that conforms to the first insert region; para 0023); a faceplate comprising: a second mounting interface configured to couple with the first mounting interface of the battery housing (fig. 1: second insertion region 10 close to the first insertion region 9; para 0009: second insertion region for insertion of components of the electronic module; para 0023); and a second contact surface configured to matingly engage the first contact surface of the shell (fig. 1: hearing aid device includes multiple contact surfaces matingly in contact with each other); and printed circuit board assembly (PCBA) supported by an exterior surface of the battery housing (paras 0039-0040: electronic module components including those mounted in the second region along with circuits such as microphone and amplifier circuits are mounted within the faceplate of the hearing aid device along with the battery compartment); but fails to explicitly disclose the circuits being a flexible printed circuit board and the battery housing comprising an exterior surface, with the printed circuit board being attached to the exterior surface of the battery housing. However, Brimhall et al discloses a hearing device structure that includes a flexible printed circuit board including in a separate compartment from the compartment of the battery, whereby the flexible printed circuit board compartment is attached to the battery compartment (Brimhall et al, figs. 1-2: flexible circuit board 23 within compartment 21 and the battery 50 within compartment 30; col. 4, lines 48-51: flexible circuit board; col. 5, lines 13-17: battery compartment). It would have been obvious to modify the Olsen reference such that it includes a flexible printed circuit board within its own compartment separate from the battery compartment but attached directly to the battery compartment as taught in Brimhall et al for the purpose of being able to connect the electronic components on a board made of insulating material and also separating the compartments for better housing organization.
Re Claim 2, the combined teachings of Olsen and Brimhall et al disclose the device of claim 1, wherein: the battery compartment comprises an open end configured to receive the battery (Olsen, para 0034: battery lid 3); and a cap is fixedly positioned at the open end to seal the battery within the battery compartment (Olsen, paras 0034-0039: battery lid 3).
Re Claim 4, the combined teachings of Olsen and Brimhall et al disclose the device of claim 1, wherein: the battery housing has a shape that conforms to a curvature of the battery compartment (Olsen, fig. 1: first insertion region 9; para 0009: first insertion region for the battery, where the battery will naturally have a shape that conforms to the first insert region; para 0023); but fail to disclose the battery compartment has a cylindrical shape. However, Official Notice is taken that both the concepts and advantages of making the battery compartment a square, circular or cylindrical shape is well known. It would have been obvious to modify the Olsen device such that its battery compartment is a cylindrical shape, square shape, circular shape or whatever the designer’s preference is since many different types of batteries include different shapes including cylindrical shapes.
Re Claim 5, the combined teachings of Olsen and Brimhall et al disclose the device of claim 1, wherein: the battery compartment has a short dimension and a long dimension (Olsen, fig. 1: first insertion region 9 is illustrated as a rectangular shape with a short side dimension and a longer side dimension; para 0009: first insertion region for the battery, where the battery will naturally have a shape that conforms to the first insert region; para 0023; Brimhall et al, figs. 1-2: battery compartment 30 illustrates a short and long dimension (rectangular shape)); but fail to explicitly disclose the faceplate comprises a substantially planar exterior surface oriented orthogonal to the long dimension of the battery compartment. It would have been designer’s preference to design the battery compartment such that a faceplate with a planar exterior surface is oriented orthogonal to the long dimension of the battery compartment for the purpose of creatively securing the battery component.
Claim 6 has been analyzed and rejected according to claims 1 & 4.
Re Claim 7, the combined teachings of Olsen and Brimhall et al disclose the device of claim 6, but fail to disclose wherein: the battery comprises opposing flat sides; and a portion of the flexible PCBA extends across at least one of the opposing flat sides. However, since there are batteries that include opposing flat sides, it will be designer’s preference to utilize batteries with opposing flat sides such that the PCBA extends to one of the flat sides for the purpose of enabling easy access battery to PCBA connection.
Re Claim 9, the combined teachings of Olsen and Brimhall et al disclose the device of claim 1, but fail to explicitly disclose wherein the first and second mounting interfaces comprise a snap-fit attachment interface or an adhesive. However, it will be designer’s preference to modify the hearing aid housing of Olsen such that its first and second insertion regions a snap-fittingly attached to each other since snap-fits are typically used to attach flexible parts like plastic to form a final product by pushing interlocking components together or using an adhesive since adhesives enable interlocking between flexible components such as plastic.
Claim 11 has been analyzed and rejected according to claim 9.
Claim 26 has been analyzed and rejected according to claim 1.
Claim 27 has been analyzed and rejected according to claim 7.
Claim 28 has been analyzed and rejected according to claim 5.
Claim 29 has been analyzed and rejected according to claim 4.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen, US Patent Pub. 20060104466 A1, and Brimhall et al, US Patent 6516074 B1 as applied to claim 1 above, in view of Nielsen et al, US Patent Pub. 20200107142 A1.
Re Claim 3, the combined teachings of Olsen and Brimhall et al disclose the device of claim 1, but fail to disclose comprising a flexible antenna disposed on an outer surface of the battery housing or a closed end of the battery compartment. However, Nielsen et al discloses a system that teaches the concept a hearing device with a battery compartment within and an antenna mounted on the outside surface of the battery compartment (Nielsen et al, fig. 1; paras 0024). It would have been obvious to modify the Olsen reference such that an antenna is included on the outside surface of the battery compartment as taught in Nielsen et al for the purpose of including an antenna to enable signal communication.
Allowable Subject Matter
Claims 8, 10, 12, 27, 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter for claim 8: The prior art does not teach or moderately suggest the following limitations:
Wherein: the first mounting interface of the battery housing comprises a mount including a rail arrangement; and the second mounting interface of the faceplate comprises a channel arrangement configured to slidably receive the rail arrangement.
Limitations such as these may be useful in combination with other limitations of claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 10: The prior art does not teach or moderately suggest the following limitations:
Wherein the first and second mounting interfaces are maintained in a fastened state by a cross pin that passes through pin holes provided in a sidewall of the faceplate and pin holes provided in a mount of the battery housing.
Limitations such as these may be useful in combination with other limitations of claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 12: The prior art does not teach or moderately suggest the following limitations:
Wherein a magnet is disposed between an interior surface of the faceplate and a mount of the battery housing.
Limitations such as these may be useful in combination with other limitations of claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 27: The prior art does not teach or moderately suggest the following limitations:
Wherein the battery compartment comprises: an open end configured to receive the battery; and a closed end opposite the open end, wherein the closed end of the battery compartment defines a first plane that intersects the exterior surface of the faceplate, and wherein the PCBA comprises a surface that faces the closed end of the battery compartment, and wherein the surface of the PCBA defines a second plane that intersects the exterior surface of the faceplate.
Limitations such as these may be useful in combination with other limitations of claim 1.
The following is a statement of reasons for the indication of allowable subject matter for claim 31: The prior art does not teach or moderately suggest the following limitations:
Wherein the battery compartment comprises: an open end configured to receive the battery; and a closed end opposite the open end, wherein the closed end of the battery compartment defines a first plane that intersects the exterior surface of the faceplate, and wherein the PCBA comprises a surface that faces the closed end of the battery compartment, and wherein the surface of the PCBA defines a second plane that intersects the exterior surface of the faceplate.
Limitations such as these may be useful in combination with other limitations of claim 26.
Claims 13-19, 21-25 & 30 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claims 13 & 30 are allowed for the reasons set forth in applicants arguments filed 12/03/2025 page 8-10.
Claims 14-19 & 21-25 depend on claim 13.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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, Carolyn R Edwards can be reached at 571-270-7136. 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.
/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 3/7/2026