Prosecution Insights
Last updated: April 19, 2026
Application No. 18/406,736

PROSTHESIS FUNCTIONALITY BACKUP

Non-Final OA §102
Filed
Jan 08, 2024
Examiner
NI, SUHAN
Art Unit
2691
Tech Center
2600 — Communications
Assignee
Cochlear Limited
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
948 granted / 1096 resolved
+24.5% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
1122
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
35.1%
-4.9% vs TC avg
§102
35.3%
-4.7% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1096 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691. This communication is responsive to the preliminary amended claims filed 09/30/2024. Claim Rejections - 35 USC § 102 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 26-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U. S. Pat. App. Pub. No. – 2015/0256947). Regarding claim 34, Kim et al. disclose a multiuse device (100), comprising: a housing (Fig. 1); and an operating system ([0043]) supported by the housing, wherein the multiuse device is configured to enable the housing to be supported by a human body at a first body part, and the multiuse device is configured to interact with another device (110) that is interfaceable with the human body. Regarding claim 35, Kim et al. further disclose the multiuse device, wherein: the multiuse device includes a first body support apparatus ([0043]) configured to support the housing at a first type of body part; and the housing is configured to enable the housing to be supported at a second type of body part without the first body support apparatus ([0043-0045]). Regarding claim 36, Kim et al. further disclose the multiuse device, wherein: the multiuse device includes a first body interface, ([0043]) wherein the housing is releasable supported by the first body interface; the another device is a hearing prosthesis (110); and the housing is configured to be used as an off the ear (OTE) sound processor of the hearing prosthesis without the first body interface ([0043-0045]). Regarding claim 37, Kim et al. further disclose the multiuse device, wherein: the multiuse device (200) is configured to provide backup functionality and/or supplemental functionality to the another device (202) as claimed (Fig. 2). Regarding claim 38, Kim et al. further disclose the multiuse device, wherein: the multiuse device (200) is configured to communicate with the another device (202/204/206) utilizing at least inductance communication (Fig. 2). Regarding claim 39, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to communicate with the another device utilizing at least non-inductance communication ([0068]). Regarding claim 40, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to automatically provide different functionality depending on what part of the body is supporting the multiuse device ([0043, 0167-0174]). Regarding claim 41, Kim et al. further disclose the multiuse device, wherein: the another device is a medical device ([0007, 0049]). Regarding claim 42, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to enable the housing to also be supported by the human body at a second body part separate from the first body part ([0043-0047]). Regarding claim 43, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to automatically provide different functionality depending on where the multiuse device is located ([0043-0047, 0167-0174]). Regarding claim 44, Kim et al. further disclose the multiuse device, wherein: a first functionality of the different functionalities is that of a remote microphone functionality, wherein the multiuse device is configured to communicate a signal indicative of a captured sound captured by the body worn device to the another device ([0167-0174]). Regarding claim 45, Kim et al. further disclose the multiuse device, wherein: the multiuse device is a consumer electronics device ([0043-0047]). Regarding claim 46, Kim et al. further disclose the multiuse device, wherein: the multiuse device is a body wearable device ([0043]). Regarding claim 47, Kim et al. further disclose the multiuse device, wherein: a first functionality of the different functionalities is that of a remote mini-microphone functionality, wherein the multiuse device is configured to communicate a signal indicative of a captured sound captured by the body worn device to the another device ([0167-0174]). Regarding claim 48, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to wirelessly access the internet ([0068]). Regarding claim 49, Kim et al. further disclose the multiuse device, wherein: at least one of the multiuse device or the another device is a smart phone ([0043]). Regarding claim 50, Kim et al. further disclose the multiuse device, wherein: the first body part is a different type of body part from the second body part (0043-0047]). Regarding claim 51, Kim et al. further disclose the multiuse device, wherein: the another device is a hearing prosthesis ([0049]). Regarding claim 52, Kim et al. further disclose the multiuse device, wherein: the multiuse device includes a first body interface, wherein the housing is releasable supported by the first body interface ([0043]); and the another device is a hearing prosthesis ([0049]). Regarding claim 53, Kim et al. further disclose the multiuse device, wherein: the multiuse device is configured to provide different functionality depending on a state of support of the multiuse device ([0167-0174]). Regarding claim 54, Kim et al. further disclose the multiuse device, wherein: the state of the multiuse device is supported by the human body ([0043]). Method claims 26-33 are similar to claims 34-54 except for being couched in method terminology; such methods would be inherent when the structure is shown in the references. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a PTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on 571-272-7503. 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. /SUHAN NI/Primary Examiner, Art Unit 2691
Read full office action

Prosecution Timeline

Jan 08, 2024
Application Filed
Sep 22, 2024
Response after Non-Final Action
Sep 30, 2024
Response after Non-Final Action
Feb 07, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604147
Operating a hearing device to assist the user in engaging in a healthy living style
2y 5m to grant Granted Apr 14, 2026
Patent 12593160
EARPIECE WITH STABILIZER
2y 5m to grant Granted Mar 31, 2026
Patent 12593184
HEARING AID LISTENING TEST PRESETS
2y 5m to grant Granted Mar 31, 2026
Patent 12587771
ELECTRONIC DEVICE HAVING SPEAKER MODULE AND MICROPHONE
2y 5m to grant Granted Mar 24, 2026
Patent 12574668
HEADPHONE WITH EXTERNAL ACCESSORY
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+14.7%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1096 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month