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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “100” has been used to designate a groove, a second housing, and .
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "'110" depicted in Fig. 6A.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 22, 24, 27, and 29 are objected to because of the following informalities:
In claim 22, line 1, “where the mass” should read “wherein the mass”
In claim 24, line 4, “the first length” should read “the first length of the vibrator”
In claim 24, line 4, “the second length” should read “the second length of the vibrator”
In claim 27, line 9, “the upper surface and the bottom surface” should read “the upper surface and bottom surface of the vibrator”
In claim 29, lines 8-9, “the upper surface” should read “the upper surface of the vibrator”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“interface unit” in claim 27, line 7; equivalent structure found on page 20, lines 22-34. Therefore, in light of the specification, an “interface unit” is best understood as a component configured to receive electrical simulation signals, and equivalents thereof.
“demodulator unit” in claim 28, line 2; equivalent structure found on pages 6-7 and 20-21. Therefore, in light of the specification, a “demodulator unit” is best understood as a component/assembly configured to receive, extract, and transmit electrical stimulation signals, and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 27-31 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.
Claim 27 recites the limitation "the second length" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be read as if dependent of claim 24, which discloses a second length.
The dependent claims not specifically addressed above are rejected under 35 U.S.C. 112(b) as indefinite due to their dependence from an indefinite claim.
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) 21-22, 24-27, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nyström et al. (WO 2019/082167), citing to attached document.
Regarding claim 21, Nyström et al. teaches a vibrator for a bone-anchored hearing aid device, the vibrator (pages 4-5, para. 0044, “the operationally removable component includes…a vibratory electromagnetic actuator….In this regard, the operationally removable component is sometimes referred to herein as a vibrator unit”) comprising:
a moving mass (Fig. 6, vibratory electromagnetic actuator 650; page 9, para. 0074) comprising:
a coil unit (page 10, para. 0077; Fig. 6B, coil 654B) configured to generate a dynamic magnetic flux (page 10, para. 0080),
a permanent magnet (Fig. 6C, permanent magnets 658A and 658B) configured to generate a static magnetic flux (page 10, para. 0080),
a mass unit (Fig. 6C, counterweight mass 670), and
a bobbin unit (Fig. 6B, bobbin 654A),
a spring unit (Fig. 13, springs 1344; page 22, para. 00151) configured for maintaining an air gap below the moving mass (as depicted in Fig. 13, the springs 1344 create a gap between the moving mass, which is being construed as the vibratory electromagnetic actuator 650 (refer to Figs. 6A-6C as discussed above), and the housing 1342), wherein the moving mass and the spring unit are configured to generate an acoustical vibration (page 9-11, paras. 0074-0075 and 0081; page 21, paras. 00145-00148; page 22, para. 00151)
a vibrator plate (Fig. 3, plate 346) configured to receive the acoustical vibration (page 2, para. 0005 and pages 6-7, para. 0055).
Regarding claim 22, Nyström et al. teaches the vibrator according to claim 21 as stated above wherein the mass unit includes an aperture configured to receive the permanent magnet, the bobbin unit, and the coil unit (see Annotated Figure 6A; page 10, paras. 0077-0078).
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Annotated Figure 6A
Regarding claim 24, Nyström et al. teaches the vibrator according to claim 21 as stated above wherein the vibrator has a transverse axis along a first length of the vibrator (Fig. 6A, wherein “a first length of the vibrator” is being construed as the height of 650) and a longitudinal axis along a second length of the vibrator (Fig. 6A, wherein “a second length of the vibrator” is being construed as the width of 650),
wherein the second length is longer than the first length, and the transverse axis is orthogonal to the longitudinal axis (see Annotated Figure 6A1, wherein the width is greater than the height and the transverse axis is perpendicular to the longitudinal axis; paras. 0077-0078), and
wherein:
the mass unit has a mass height along the transverse axis (see Annotated Figure 6A2),
the coil unit has a coil height along the transverse axis (see Annotated Figure 6A2),
the permanent magnet has a magnet height along the transverse axis (see Annotated Figure 6A2),
the bobbin unit has a bobbin height along the transverse axis (see Annotated Figure 6A2), and
the coil height, the bobbin height and the magnet height are less than the mass height (see Annotated Figure 6A2, wherein the height of the bobbin, coil, and magnet is less than the height of the mass).
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Annotated Figure 6A1
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Annotated Figure 6A2
Regarding claim 25, Nyström et al. teaches the vibrator according to claim 21 as stated above wherein the mass unit forms a circumference around the bobbin unit, the permanent magnet, and the coil unit (page 3, paras. 0016-0018, wherein Figs. 6A-6C are the cross-sectional view of the vibratory electromagnetic actuator 650 which includes a bobbin assembly 654 and counterweight assembly 655; page 23, para. 00154, “the counterweight assembly 655 extends, and has an outer circular circumference that is attached to the circular interior of the housing”; first, see Fig. 6C, where the counterweight mass 670 is defined, next, see Fig. 7, where an identical structure is also illustrated; Fig. 7 further depicts the bobbin 654A, coil 654B, and permanent magnets 658A and 658B are arranged interiorly to the counterweight mass 670), and wherein the permanent magnet forms a circumference around the coil unit and a part of the bobbin unit (Fig. 7, wherein the permanent magnets 658A and 658B are arranged exteriorly to the coil 654B and bobbin 654A).
Regarding claim 26, Nyström et al. teaches the vibrator according to claim 21 as stated above wherein the permanent magnet is arranged radially to the mass unit (Fig. 6C, counterweight mass 670 and permanent magnets 658A and 658B; page 11, para. 0084, “With respect to a radially symmetrical bobbin assembly 654 and counterweight assembly 655”) and
wherein the coil unit is arranged radially to the permanent magnet (Fig. 7, permanent magnets 658A and 658B and coil 654B; page 11, para. 0084, “With respect to a radially symmetrical bobbin assembly 654 and counterweight assembly 655”).
Regarding claim 27, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Nyström et al. teaches the vibrator according to claim 21 as stated above wherein the vibrator has a bottom surface and an upper surface (see Annotated Figure 13, wherein the housing 1342 for the vibratory electromagnetic actuator 650 includes a top surface and bottom surface),
wherein the upper surface of the vibrator is partially or fully parallel to the bottom surface of the vibrator (see Annotated Figure 13A),
wherein a distance between the upper surface and the bottom surface of the vibrator is less than the second length (referring to Annotated Figure 6A1 above, the height of the housing appears to be less than the width of the vibratory electromagnetic actuator 650),
wherein the vibrator comprises an interface unit (Fig. 3, sound input element 126) configured for receiving an electrical stimulation signal (pages 4-5, paras. 0044 and 0048; pages 6-7, para. 0055; pages 9-10, para. 0075), and
wherein the interface unit is fully arranged between the upper surface and bottom surface of the vibrator (Fig. 3, wherein the sound input element is positioned relative to the housing 344, this configuration is comparable and applicable to the housing and vibratory electromagnetic actuator depicted in Fig. 13; page 4-5, para. 0044, “The operationally removable component includes a sound processor (not shown), a vibratory electromagnetic actuator and/or a vibratory piezoelectric actuator and/or other type of actuator (not shown - which are sometimes referred to herein as a species of the genus vibrator) and/or various other operational components, such as sound input device 126A”; page 5, para. 0048, “in an exemplary embodiment, sound input element 126B may be located, for example, on or in bone conduction device 100B, on a cable or tube extending from bone conduction device 100B, etc.”).
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Annotated Figure 13
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Regarding claim 35, Nyström et al. teaches a bone-anchored hearing aid device comprising the vibrator (Fig. 3, transcutaneous bone conduction device 300; page 6, para. 0054; page 9, paras. 0073-0074) according to claim 21 as stated above.
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) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nyström et al. (WO 2019/082167), citing to attached document.
Regarding claim 23, Nyström et al., in the embodiment relied upon above, teaches the vibrator according to claim 21 as stated above. Nyström et al., in the embodiment relied upon above, further teaches a spring ring (Fig. 13, spring support 1350; page 22, para. 00151).
Nyström et al., in the embodiment relied upon above, fails to specifically teach a spring ring arranged beneath the spring unit.
Nyström et al., in a separate embodiment, teaches a spring ring arranged beneath the spring unit (Fig. 20, wherein the structure of spring support 1350 is analogous to the spring support depicted under spring 2051).
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have combined the vibrator disclosed in the first embodiment of Nyström et al. with the spring ring arranged beneath the spring unit disclosed in the second embodiment of Nyström et al. Doing so provides the spring with an annular ring designed to receive and grip the interior and exterior of the spring into place (Nyström et al., page 22, para. 00151).
Claim(s) 28-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nyström et al. in view of Nilsson (US 2018/0020299).
Regarding claim 28, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Nyström et al. teaches the vibrator according to claim 27 as stated above. Nyström et al. fails to teach wherein the interface unit includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal.
Nilsson teaches an analogous vibrator wherein the interface unit includes a demodulator unit (Fig. 11, sound processor 1140) configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit (para. 0096), wherein the coil unit is configured to generate the dynamic magnetic flux (para. 0082) based on the demodulated electrical stimulation signal (Figs. 7 and 11; paras. 0091 and 0096).
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have modified the vibrator of Nyström et al. with the sound processor of Nilsson. The sound processor may be configured to process the electrical signals received from the microphone and output these electrical signals to the transducer/vibrator which converts these signals into vibrations to ultimately evoke a hearing percept in the patient (Nilsson, paras. 0096 and 0104).
Regarding claim 29, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Nyström et al. teaches the vibrator according to claim 27 as stated above. Nyström et al. fails to teach the vibrator includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal, and wherein the demodulator unit is arranged to fit in a cavity of the bobbin unit or the mass unit, or the demodulator unit is arranged in an air-gap between the bobbin unit and the upper surface.
Nilsson teaches an analogous vibrator wherein the vibrator includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit (Nilsson, para. 0096),
wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal (Nilsson, Figs. 7 and 11; paras. 0082, 0091, and 0096), and
wherein the demodulator unit is arranged to fit in a cavity of the bobbin unit or the mass unit, or the demodulator unit is arranged in an air-gap between the bobbin unit and the upper surface (Nilsson, see Figure 11 wherein the sound processor 1140 is arranged between the actuator 900 comprising the bobbin assembly (refer to Fig. 7) and the top surface of housing 240; paras. 0096-0098).
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have modified the vibrator of Nyström et al. with the sound processor of Nilsson. The sound processor may be configured to process the electrical signals received from the microphone and output these electrical signals to the transducer/vibrator which converts these signals into vibrations to ultimately evoke a hearing percept in the patient (Nilsson, paras. 0096 and 0104).
Regarding claim 30, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Nyström et al. in view of Nilsson, in the embodiment relied upon above, teaches the vibrator according to claim 29 as stated above. Nilsson, in the embodiment relied upon above, further teaches wherein the demodulator unit is wired connected to the interface unit (Fig. 11, microphone 11136, lead 1130, connector 1155, and sound processor 1140; para. 0096).
Nilsson, in the embodiment relied upon above, fails to teach wherein the wired connection is guided by a guiding path in the mass unit.
Nilsson, in a separate embodiment, teaches wherein the wired connection is guided by a guiding path (Fig. 11, connector 812, wherein the connector is being constructed as the guiding path) to the mass unit (paras. 0087 and 0096-0097; para. 0091, “signal connector 812 which corresponds to the connector 612 detailed above”; para. 0098, “the sound processor 1140 can be mounted on the seismic mass of the actuator assembly; para. 0111, “in an alternate embodiment, the connector 1972…can be hard mounted to the bobbin or to another component of the actuator assembly. It is also noted that this is also the case with respect to connector 612” – the connector may be configured to be mounted to seismic mass of the actuator assembly).
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have further modified the vibrator of Nyström et al. in view of Nilsson with the guiding path of Nilsson. Due to the removable coupling capability of the connectors and leads, the vibratory electromagnetic actuator assembly, sound processor, and microphone may be removed and replaced with new components after a time of prolonged use (Nilsson, paras. 0091, 0096-0098, 0101, and 0111).
Regarding claim 31, as best understood in light of the rejections under 35 U.S.C. 112(b) above, a modified Nyström et al. in view of Nilsson teaches the vibrator according to claim 30 as stated above wherein the guiding path is a guiding hole (Nilsson, Fig. 11, wherein the connectors 812 and 1132 are being construed as the guiding holes for the lead 1130 which is connected to the sound processor 1140 and microphone 11126) going through the mass unit (Nilsson, para. 0111, “in an alternate embodiment, the connector 1972…can be hard mounted to the bobbin or to another component of the actuator assembly. It is also noted that this is also the case with respect to connector 612” – the connector is configured to be mounted to seismic mass of the actuator assembly) or a guiding groove applied to a surface of the mass unit.
Claim(s) 32 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nyström et al. in view of Haakansson (WO 0167813), citing to attached document.
Regarding claim 32, Nyström et al. teaches the vibrator according to claim 21 as stated above. Nyström et al. fails to teach wherein the vibrator plate includes a first plate insert configured to receive at least a part of the spring unit and/or a vibrator plate ring arranged between the spring unit and the vibrator plate.
Haakansson teaches an analogous vibrator wherein the vibrator plate includes a first plate insert configured to receive at least a part of the spring unit (see Annotated Figure 2, wherein the plate 10 includes an indentation near the plate spring element 3) and/or a vibrator plate ring arranged between the spring unit and the vibrator plate.
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have modified the vibrator of Nyström et al. with the vibrator plate insert of Haakansson. By merging elements of the plate and spring element together, a smaller electromagnetic vibrator may be produced (Haakansson, Abstract).
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Annotated Figure 2
Regarding claim 34, Nyström et al. teaches the vibrator according to claim 21 as stated above. Nyström et al. further teaches wherein the bobbin unit is made of a soft magnetic material (page 11, para. 0082).
Nyström et al. fails to specifically teach wherein the vibrator plate is made of a soft magnetic material.
Haakansson teaches an analogous vibrator wherein the vibrator plate is made of a soft magnetic material (page 3, para. 1, “The bobin body and the vibrator plate are made of magnetic field well conductive material, suitably special treated soft iron”).
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have modified the vibrator of Nyström et al. with the soft iron vibrator plate of Haakansson. This modification may strengthen the magnetic properties of the plate (Haakansson, page 3, para. 1, “The bobin body and the vibrator plate are made of magnetic field well conductive material, suitably special treated soft iron”).
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nyström et al. in view of Andersson et al. (WO 2014/141193), citing to attached document.
Regarding claim 33, Nyström et al. teaches the vibrator according to claim 21 as stated above. Nyström et al. fails to teach wherein the mass unit includes a second insert configured to receive at least a part of the permanent magnet and/or at least a part of the bobbin unit.
Andersson et al. teaches an analogous vibrator wherein the mass unit includes a second insert configured to receive at least a part of the permanent magnet (Fig. 5, wherein the coupling between the counterweight mass 570 and the yokes 560B and 560C provides an aperture for the permanent magnets 558A and 558B) and/or at least a part of the bobbin unit.
Therefore, it would have would been obvious to someone of ordinary skill in the art, before, the effective filing date of the claimed invention, to have modified the vibrator of Nyström et al. with the insert configured to receive at least a part of the permanent magnet of Andersson et al. The counterweight mass, yokes, and permanent magnets create the counterweight assembly that generates the static magnetic field. By coupling the yokes and the counterweight mass, a magnetic conduction path for the static magnetic flux may be established (Andersson et al., page 8, paras. 0053-0054)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-35 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,611,836. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patent claims.
See table below for corresponding teachings of reference US Patent No. 11,611,836.
Instant Application
11,611,836
21. A vibrator for a bone-anchored hearing aid device, the vibrator comprising:
a moving mass comprising: a coil unit configured to generate a dynamic magnetic flux,
a permanent magnet configured to generate a static magnetic flux,
a mass unit, and
a bobbin unit,
a spring unit configured for maintaining an air gap below the moving mass, wherein the moving mass and the spring unit are configured to generate an acoustical vibration, and
a vibrator plate configured to receive the acoustical vibration.
Claim 1, lines 18-35
22. The vibrator of claim 21, where the mass unit includes an aperture configured to receive the permanent magnet, the bobbin unit, and the coil unit.
Claim 2
23. The vibrator of claim 21, further comprising a spring ring arranged beneath the spring unit.
Claim 3 and Claim 15
24. The vibrator of claim 21, wherein the vibrator has a transverse axis along a first length of the vibrator and a longitudinal axis along a second length of the vibrator, wherein the second length is longer than the first length, and the transverse axis is orthogonal to the longitudinal axis, and wherein: the mass unit has a mass height along the transverse axis, the coil unit has a coil height along the transverse axis, the permanent magnet has a magnet height along the transverse axis, the bobbin unit has a bobbin height along the transverse axis, and the coil height, the bobbin height and the magnet height are less than the mass height.
Claim 4, Claim 16, and Claim 17
25. The vibrator of claim 21, wherein the mass unit forms a circumference around the bobbin unit, the permanent magnet, and the coil unit, and wherein the permanent magnet forms a circumference around the coil unit and a part of the bobbin unit.
Claim 5
26. The vibrator of claim 21, wherein the permanent magnet is arranged radially to the mass unit, and wherein the coil unit is arranged radially to the permanent magnet.
Claim 6
27. The vibrator of claim 21, wherein the vibrator has a bottom surface and an upper surface, wherein the upper surface of the vibrator is partially or fully parallel to the bottom surface of the vibrator, wherein a distance between the upper surface and the bottom surface of the vibrator is less than the second length, wherein the vibrator comprises an interface unit configured for receiving an electrical stimulation signal, and wherein the interface unit is fully arranged between the upper surface and bottom surface.
Claim 7
28. The vibrator of claim 27, wherein the interface unit includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal.
Claim 8
29. The vibrator of claim 27, wherein the vibrator includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal, and wherein the demodulator unit is arranged to fit in a cavity of the bobbin unit or the mass unit, or the demodulator unit is arranged in an air-gap between the bobbin unit and the upper surface.
Claim 9
30. The vibrator of claim 29, wherein the demodulator unit is wired connected to the interface unit, and wherein the wired connection is guided by a guiding path in the mass unit.
Claim 10
31. The vibrator of claim 30, wherein the guiding path is a guiding hole going through the mass unit or a guiding groove applied to a surface of the mass unit.
Claim 11
32. The vibrator of claim 21, wherein the vibrator plate includes a first plate insert configured to receive at least a part of the spring unit and/or a vibrator plate ring arranged between the spring unit and the vibrator plate.
Claim 12
33. The vibrator of claim 21, wherein the mass unit includes a second insert configured to receive at least a part of the permanent magnet and/or at least a part of the bobbin unit.
Claim 13
34. The vibrator of claim 21, wherein the bobbin unit and the vibrator plate are made of a soft magnetic material.
Claim 14
35. A bone-anchored hearing aid device comprising the vibrator of claim 21.
Claim 1, lines 11-12 and 18
Claims 21-35 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,889,247. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patent claims.
See table below for corresponding teachings of reference US Patent No. 11,889,247.
Instant Application
11,889,247
21. A vibrator for a bone-anchored hearing aid device, the vibrator comprising:
a moving mass comprising: a coil unit configured to generate a dynamic magnetic flux,
a permanent magnet configured to generate a static magnetic flux,
a mass unit, and
a bobbin unit,
a spring unit configured for maintaining an air gap below the moving mass, wherein the moving mass and the spring unit are configured to generate an acoustical vibration, and
a vibrator plate configured to receive the acoustical vibration.
Claim 1, lines 31-50 and Claim 20, lines 28-44
22. The vibrator of claim 21, where the mass unit includes an aperture configured to receive the permanent magnet, the bobbin unit, and the coil unit.
Claim 2
23. The vibrator of claim 21, further comprising a spring ring arranged beneath the spring unit.
Claim 3
24. The vibrator of claim 21, wherein the vibrator has a transverse axis along a first length of the vibrator and a longitudinal axis along a second length of the vibrator, wherein the second length is longer than the first length, and the transverse axis is orthogonal to the longitudinal axis, and wherein: the mass unit has a mass height along the transverse axis, the coil unit has a coil height along the transverse axis, the permanent magnet has a magnet height along the transverse axis, the bobbin unit has a bobbin height along the transverse axis, and the coil height, the bobbin height and the magnet height are less than the mass height.
Claim 4, Claim 15, and Claim 16
25. The vibrator of claim 21, wherein the mass unit forms a circumference around the bobbin unit, the permanent magnet, and the coil unit, and wherein the permanent magnet forms a circumference around the coil unit and a part of the bobbin unit.
Claim 5, Claim 17, Claim 18, and Claim 19
26. The vibrator of claim 21, wherein the permanent magnet is arranged radially to the mass unit, and wherein the coil unit is arranged radially to the permanent magnet.
Claim 6
27. The vibrator of claim 21, wherein the vibrator has a bottom surface and an upper surface, wherein the upper surface of the vibrator is partially or fully parallel to the bottom surface of the vibrator, wherein a distance between the upper surface and the bottom surface of the vibrator is less than the second length, wherein the vibrator comprises an interface unit configured for receiving an electrical stimulation signal, and wherein the interface unit is fully arranged between the upper surface and bottom surface.
Claim 7
28. The vibrator of claim 27, wherein the interface unit includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal.
Claim 8 and Claim 20, lines 47-50
29. The vibrator of claim 27, wherein the vibrator includes a demodulator unit configured to receive and demodulate the electrical stimulation signal and to transmit the demodulated electrical stimulation signal to the coil unit, wherein the coil unit is configured to generate the dynamic magnetic flux based on the demodulated electrical stimulation signal, and wherein the demodulator unit is arranged to fit in a cavity of the bobbin unit or the mass unit, or the demodulator unit is arranged in an air-gap between the bobbin unit and the upper surface.
Claim 9 and Claim 20, lines 47-54
30. The vibrator of claim 29, wherein the demodulator unit is wired connected to the interface unit, and wherein the wired connection is guided by a guiding path in the mass unit.
Claim 10
31. The vibrator of claim 30, wherein the guiding path is a guiding hole going through the mass unit or a guiding groove applied to a surface of the mass unit.
Claim 11
32. The vibrator of claim 21, wherein the vibrator plate includes a first plate insert configured to receive at least a part of the spring unit and/or a vibrator plate ring arranged between the spring unit and the vibrator plate.
Claim 12
33. The vibrator of claim 21, wherein the mass unit includes a second insert configured to receive at least a part of the permanent magnet and/or at least a part of the bobbin unit.
Claim 13
34. The vibrator of claim 21, wherein the bobbin unit and the vibrator plate are made of a soft magnetic material.
Claim 14
35. A bone-anchored hearing aid device comprising the vibrator of claim 21.
Claim 1, lines 24-25 and 31 and Claim 20, lines 21-22 and 28
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bern (AU 2018/260868) teaches a bone conduction hearing aid with an electromagnetic vibrator comprising a vibrator plate, coils, permanent magnets, and a coupling arrangement. Balslev (EP 3306955) discloses a hearing device comprising an implantable part that contains a demodulator, vibrator, and receiver unit to generate a sound perception to a hearing aid user.
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/B.R.L./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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