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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/19/2023, 09/17/2024, 04/16/2025, and 11/04/2025 is/are being considered by the examiner.
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.
Claim(s) 1-16, 18, and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Darbut et al (US Pub No. 2008/0205679).
Regarding claim 1, Darbut teaches a hearing device (Abstract line 1, in-ear auditory device) comprising: an enclosure extending along an enclosure axis (Fig 3, auditory device 100) and comprising: a front housing that extends along the enclosure axis between a first end and a second end and comprising an opening disposed in the first end (Fig 3, tip assembly 200 and central bore 204); a rear housing that extends along the enclosure axis between a first end and a second end (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104); and an isolator disposed between the front housing and the rear housing (Fig 3, isolator 108), wherein the isolator comprises a body that extends along the enclosure axis between a first end and a second end (Fig 3, housing 102), a first sleeve disposed at the first end of the body (Fig 3, snout 208), and a second sleeve disposed at the second end of the body (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104), wherein the second end of the front housing is connected to the first sleeve of the isolator (Fig 3, forward sleeve designed to mate with nose 202) and the second end of the rear housing is connected to the second sleeve of the isolator (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104); a first sensor disposed in the front housing (Fig 4, sensor 300 forward of transducer 110); a second sensor disposed in the rear housing (Fig 3, transducer 110); and a receiver disposed at least partially within the body of the isolator (¶ [0024], receiver 106 disposed in through bore 104 with isolator 108).
Regarding claim 2, Darbut teaches the device of claim 1, further comprising an acoustic port that extends through the first end of the isolator body between the receiver and the opening disposed in the first end of the front housing, wherein the acoustic port acoustically connects the receiver to the opening (Fig 3, central bore 204).
Regarding claim 3, Darbut teaches the device of claim 2, further comprising a first sensor port that extends between the first sensor and the opening disposed in the first end of the front housing, wherein the first sensor port operatively connects the first sensor to the opening (Fig 3, through bore 104 connects central bore 204 with acoustic port 310).
Regarding claim 4, Darbut teaches the device of claim 3, wherein an inlet of the first sensor port defines a plane that is orthogonal to the enclosure axis (Fig 3, acoustic port 310 orthogonal to auditory device 100 axis), wherein a distance between an outlet of the acoustic port and the plane is no greater than 1.2 mm as measured in a direction parallel to the enclosure axis (Exact distance between the acoustic port outlet and sensor port is strictly a matter of design choice and in order to fit within an ear canal would be required to be in the mm range).
Regarding claim 5, Darbut teaches the device of claim 3, wherein the first sensor further comprises a manifold that extends along the enclosure axis and defines a portion of the first sensor port (Fig 4, through bore 104).
Regarding claim 6, Darbut teaches the device of claim 3, further comprising a second sensor port that extends between an inlet of the second sensor and an opening disposed adjacent to the first end of the rear housing, wherein the second sensor port operatively connects the second sensor to the opening (Fig 3, transducer 110 input port 112).
Regarding claim 7, Darbut teaches the device of claim 1, wherein the isolator body comprises a ledge disposed proximate to the first end, wherein the first sleeve is disposed on the ledge (Fig 3, snout 208 seated in inner ledge of through bore 104).
Regarding claim 8, Darbut teaches the device of claim 1, wherein the isolator body comprises an elastomeric material (¶ [0029], isolator 108 formed of silicone or other viscoelastic material).
Regarding claim 9, Darbut teaches the device of claim 1, wherein the first sleeve of the isolator comprises a rib that extends in a direction away from the first end of the body, wherein the rib is adapted to be inserted into the second end of the front housing (Fig 3, annular snout 208 has ribbed exterior periphery adapted to mate nose 204 with front end of housing 102).
Regarding claim 10, Darbut teaches the device of claim 9, wherein the first sleeve of the isolator further comprises a ledge that extends from the rib to a perimeter of the first sleeve, wherein an end surface of the second end of the front housing is adapted to engage the ledge (Fig 3, annular snout 208 has annular flange adapted to mate with front end of housing 102).
Regarding claim 11, Darbut teaches the device of claim 1, wherein the second sleeve of the isolator further comprises a rib that extends in a direction away from the second end of the body, wherein the rib is adapted to be inserted into the second end of the rear housing (Fig 6, rear of transducer 110 and forward of conduit 400 is a non-labeled component with a rib design used to sleeve conduit 400 into the rear of housing 102).
Regarding claim 12, Darbut teaches the device of claim 11, wherein the second sleeve of the isolator further comprises a ledge that extends from the rib to a perimeter of the second sleeve, wherein an end surface of the second end of the rear housing is adapted to engage the ledge (Fig 6, rear of transducer 110 and forward of conduit 400 is a non-labeled component with a rib/ledge design used to sleeve conduit 400 into the rear of housing 102).
Regarding claim 13, Darbut teaches the device of claim 1, wherein at least one of the first sensor or the second sensor comprises a microphone (¶ [0027] microphone-transducer 110).
Regarding claim 14, Darbut teaches a hearing device system (See Darbut Fig 8, auditory device 100 and auxiliary device 1000) comprising: a hearing device (Abstract line 1, in-ear auditory device) comprising: an enclosure extending along an enclosure axis (Fig 3, auditory device 100) and comprising: a front housing that extends along the enclosure axis between a first end and a second end and comprises an opening disposed in the first end (Fig 3, tip assembly 200 and central bore 204); a rear housing that extends along the enclosure axis between a first end and a second end (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104); and an isolator disposed between the front housing and the rear housing (Fig 3, isolator 108), wherein the isolator comprises a body that extends along the enclosure axis between a first end and a second end (Fig 3, housing 102), a first sleeve disposed at the first end of the body (Fig 3, snout 208), and a second sleeve disposed at the second end of the body (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104), wherein the second end of the front housing is connected to the first sleeve of the isolator (Fig 3, forward sleeve designed to mate with nose 202) and the second end of the rear housing is connected to the second sleeve of the isolator (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104); a first sensor disposed in the front housing (Fig 4, sensor 300 forward of transducer 110); a second sensor disposed in the rear housing (Fig 3, transducer 110); and a receiver disposed at least partially within the body of the isolator (¶ [0024], receiver 106 disposed in through bore 104 with isolator 108); a hearing module adapted to be disposed between an ear and a skull of a wearer (Fig 8, auxiliary device 1000), wherein the hearing module comprises a module housing and electronic components disposed within the module housing (Fig 8 & ¶ [0040], auxiliary device 1000 comprising a housing and including a microprocessor and other circuitry); and a cable that connects the hearing device to the hearing module (¶ [0024], wires routed through conduit 400 and coupled to auxiliary device 1000).
Regarding claim 15, Darbut teaches the system of claim 14, wherein the electronic components of the hearing module comprise a controller that is operatively connected to the hearing device (¶ [0040], microprocessor).
Regarding claim 16, Darbut teaches the system of claim 15, wherein the controller is adapted to direct a noise canceling signal to the receiver of the hearing device that is based upon a noise signal received from the first sensor of the hearing device, wherein the receiver is adapted to direct a noise canceling acoustic wave into an ear canal of the wearer of the hearing device that is based upon the noise canceling signal from the controller (¶ [0029], electronic feedback control/echo canceling).
Regarding claim 18, Darbut teaches the system of claim 15, wherein the controller is adapted to measure a pulse rate of the wearer based upon a pulse signal received from the first sensor of the hearing device, wherein the pulse signal is based upon a pulse detected by the first sensor (Fig 6 & ¶ [0039], physiological sensors 500 can detect user’s pulse).
Regarding claim 20, Darbut teaches the system of claim 14, wherein the electronic components of the hearing module comprise a microphone, wherein each of the first sensor and second sensor comprises a microphone (¶ [0030], bone conduction sensor 300 and microphone transducer 110).
Regarding claim 21, Darbut teaches a method comprising: forming a body of an isolator (Fig 3, housing 102); disposing a first sleeve at a first end of the body (Fig 3, snout 208); disposing a second sleeve at a second end of the body (Fig 6, rear of transducer 110 and forward of conduit 400 is a non-labeled component with a rib/ledge design used to sleeve conduit 400 into the rear of housing 102); disposing a first sensor within a front housing (Fig 4, sensor 300 forward of transducer 110), wherein the front housing comprises a first end (Fig 3, nose 204), a second end (Fig 3, nose 202), and an opening disposed in the first end (Fig 3, central bore 204); disposing a second sensor within a rear housing (Fig 3, transducer 110), wherein the rear housing comprises a first end and a second end (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104); disposing a receiver at least partially within the body of the isolator (¶ [0024], receiver 106 disposed in through bore 104 with isolator 108); connecting the second end of the front housing to the first sleeve (Fig 3, forward sleeve designed to mate with nose 202); and connecting the second end of the rear housing to the second sleeve (Fig 4 & ¶ [0025], conduit 400 retained within groove of through bore 104), wherein the front housing, the isolator, and the rear housing define an enclosure that extends along an enclosure axis (Fig 3, auditory device 100).
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darbut et al (US Pub No. 2008/0205679) in view of Pedersen et al (US Pub No. 2016/0183012).
Regarding claim 17, Darbut teaches the system of claim 15.
Darbut does not explicitly teach the controller adapted to determine a fit of the hearing device in an ear canal of the wearer based upon a feedback signal from the first sensor of the hearing device in response to a fit-test acoustic wave directed into the ear canal by the receiver.
Pedersen teaches a controller adapted to determine a fit of the hearing device in an ear canal of the wearer based upon a feedback signal from the first sensor of the hearing device in response to a fit-test acoustic wave directed into the ear canal by the receiver (See Pedersen Fig 2 & ¶ [0098], real ear measurement using RECD measurement).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the fit test taught by Pedersen with the system taught by Darbut. This has several advantages including reducing the need for adjustments (Pedersen ¶ [0021].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darbut et al (US Pub No. 2008/0205679) in view of Qin et al (US Pub No. 2022/0335924).
Regarding claim 19, Darbut teaches the system of claim 15.
Darbut does not explicitly teach the controller adapted to measure an occlusion value of the hearing device in an ear canal of the wearer based upon an occlusion signal received from the first sensor of the hearing device in response to an acoustic wave directed into the ear canal by the receiver and detected by the first sensor.
Qin teaches a controller adapted to measure an occlusion value of the hearing device in an ear canal of the wearer based upon an occlusion signal received from the first sensor of the hearing device in response to an acoustic wave directed into the ear canal by the receiver and detected by the first sensor (See Qin ¶ [0122], communication interface 130 receives level index for degree of occlusion effect reduction).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the occlusion level detection taught by Qin with the system taught by Darbut. Doing so improves the quality of audio for the user and reduces the occlusion effect (Qin ¶ [0005]).
Conclusion
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/T.M.L./Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694