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 .
Response to Arguments
Applicants’ arguments filed June 11, 2026, have been fully considered but they are not persuasive in view of the annotated images below addressing the amendments to the claims. The added limitations are still sufficiently broad to encompass the figures and configurations shown in the prior art.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 41-61 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weinstein (WO 2022/040218). `
Regarding claim 41, Weinstein discloses a correcting apparatus for remodeling a portion of an external ear (abstract), the apparatus comprising: a correcting component (Corrective component 200, Fig. 4A) having an upper portion and a lower portion (See image below), the upper portion including a main body (main body 204, Fig. 4A) shaped for insertion into, or in contact with, a conchal bowl of the ear (main body 202 may be placed at least partially in contact with the conchal bowl of ear), first and second projections (206, 204) extending anteriorly from the main body and a tab (214) extending outwardly from an upper edge portion of the main body to assist in placement of the correcting component; wherein the lower portion extends from a posterior surface of the upper portion and the tab extends in a direction opposite to the lower portion (see image below); wherein the first projection is configured for positioning near, or in contact with, at least a portion of a cymba of the ear; and wherein the second projection is configured to extend into a cavum of the conchal bowl (figure 4C, functional limitations are not given full patentable weight, as long as the prior art meets the structural limitations in the claim and is capable of performing the recited functions, the prior art meets the claims. The device of Weinstein could be placed in an arbitrary ear shape in which the second projection would contact the cavum of the conchal bowl).
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Regarding claim 42, Weinstein discloses all of the limitations set forth in claim 41, further comprising a third projection (see image above).
Regarding claim 43, Weinstein discloses all of the limitations set forth in claim 41, wherein the main body comprises a material sufficiently rigid to remain in position during a time period of use sufficient to correct a deformity in the external ear (figure 4C, functional limitations are not given full patentable weight, as long as the prior art meets the structural limitations in the claim and is capable of performing the recited functions, the prior art meets the claims).
Regarding claim 44, Weinstein discloses all of the limitations set forth in claim 41, wherein the main body comprises a first surface, a second opposing surface and a hole (214) extending through the first and second surfaces for passing sound waves through the main body (figure 4D).
Regarding claim 45, Weinstein discloses all of the limitations set forth in claim 41, further comprising an attachment component (100, 140) configured for securing the correcting component against the surface of the external ear (figures 8B, 8C, functional limitations are not given full patentable weight, as long as the prior art meets the structural limitations in the claim and is capable of performing the recited functions, the prior art meets the claims).
Regarding claim 46, Weinstein discloses all of the limitations set forth in claim 45, wherein the attachment component comprises a slot (tab 214 can be placed into any of the slots of 140 shown below) for receiving the extended tab therethrough.
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Regarding claim 47, Weinstein discloses all of the limitations set forth in claim 46, wherein the slot has a shape and size matching the extended tab of the main body (figures 8B, 8C).
Regarding claim 48, Weinstein discloses all of the limitations set forth in claim 45, wherein the attachment component (100) has an opening to allow sound waves to pass therethrough (spaces between tabs 144).
Regarding claim 49, Weinstein discloses all of the limitations set forth in claim 45, wherein the attachment component comprises an adhesive (paragraph 0078).
Regarding claim 50, Weinstein discloses a system for remodeling a portion of an external ear, the system comprising: a first correcting component (200) having an upper portion and a lower portion (see image above), the upper portion including a main body shaped for insertion into, or in contact with, a conchal bowl of the ear and first and second projections extending anteriorly from the main body (see image above), and a tab (see image above) extending outwardly from an upper edge portion of the main body (see image above) to assist in placement of the correcting component, the lower portion extending from a posterior surface of the upper portion and the tab extending in a direction opposite to the lower portion (see image above), the first projection being configured for positioning near, or in contact with, at least a portion of a cymba of the ear (figure 7B), and the second projection being configured to extend into a cavum of the conchal bowl (figure 7B, 22); and a second correcting component (100) having a main body configured for positioning between a surface of the external ear and a helix of the external ear (figure 8B).
Regarding claim 51, Weinstein discloses all of the limitations set forth in claim 50, wherein the first correcting component (200) further comprises a third projection (204).
Regarding claim 52, Weinstein discloses all of the limitations set forth in claim 50, wherein the main body of the first correcting component and second component comprises a material sufficiently rigid to remain in position during a time period of use sufficient to correct a deformity in the external ear (figure 8B, maintains shape).
Regarding claim 53, Weinstein discloses all of the limitations set forth in claim 50, wherein the main body of the first correcting component comprises a first surface, a second opposing surface and a hole (214) extending through the first and second surfaces for passing sound waves through the main body (figure 4D).
Regarding claim 54, Weinstein discloses all of the limitations set forth in claim 50, further comprising an attachment component (100, 140) configured for securing the first correcting component against the surface of the external ear.
Regarding claim 55, Weinstein discloses all of the limitations set forth in claim 54, wherein the attachment component comprises a slot (see image above) for receiving the extended tab therethrough.
Regarding claim 56, Weinstein discloses all of the limitations set forth in claim 55, wherein the slot has a shape and size matching the tab of the main body of the first correcting component (figure 8B, 8C).
Regarding claim 57, Weinstein discloses all of the limitations set forth in claim 54, the attachment component (214) has an opening to allow sound waves to pass therethrough.
Regarding claim 58, Weinstein discloses all of the limitations set forth in claim 54, wherein the attachment component comprises an adhesive (paragraph 0078).
Regarding claim 59, Weinstein discloses all of the limitations set forth in claim 50, further comprising a third correcting component (240) configured for positioning within, or in contact with, a fossa triangularis of the external ear (figure 4A, functional limitations are not given full patentable weight, as long as the prior art meets the structural limitations in the claim and is capable of performing the recited functions, the prior art meets the claims).
Regarding claim 60, Weinstein discloses all of the limitations set forth in claim 50, further comprising a third correcting component (240) having a main body shaped for extending across a portion of the external ear, the main body comprising a first portion configured for contacting a helix of the internal ear and a second portion configured for contacting an anterior surface of the external ear (figure 8B, functional limitations are not given full patentable weight, as long as the prior art meets the structural limitations in the claim and is capable of performing the recited functions, the prior art meets the claims).
Regarding claim 61, Weinstein discloses all of the limitations set forth in claim 60, wherein the third correcting component is configured to secure the first correcting component in position within the conchal bowl of the ear (figure 9B).
Conclusion
Applicants’ 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 ANH TIEU DANG whose telephone number is (571)270-3221. The examiner can normally be reached Monday-Thursday (9am-4pm EST).
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/ANH T DANG/ Primary Examiner, Art Unit 3771
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