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
1. The information disclosure statements (IDS) submitted on 01/16/2024 and 07/24/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 10/28/2025 has been entered. Currently, claims 1-4, 6-8, 10-23, 25-29, and 34-40 remain pending in the application. Independent claims 1 and 17 were amended by the Applicant without the addition of new matter to include further narrowing limitations. Additionally, dependent claims 6 was amended to correct a previous 35 USC 112(B) rejection that were set forth in the Non-Final Office Action mailed 07/28/2025, but a new pending 35 USC 112(B) is also recited below. Lastly, new claims 34-40 have been added, without the addition of new matter.
Response to Arguments
3. Applicant’s amendment to independent claims 1 and 17 and new claims 34-40 is sufficient to overcome the previous 35 USC § 102 and 35 USC § 103 rejection recited in the Non-Final Office Action mailed 07/28/2025.
Applicant’s arguments, see Remarks on Pages 12-24 filed 10/28/2025, with respect to the rejection under 35 USC § 102 and 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of current and new prior art of the record: Howard et al. (U.S. Patent Pub. No. 20140254847), Olsen et al. (EP 3557883 A1) , Shennib et al. (U.S. Patent Pub. No. 20050249370), Johnson et al. (U.S. Patent Pub. No. 20090266369), Goyer (U.S. Patent Pub. No. 20090032031), Wade (U.S. Patent No. 4160449), Lowin et al. (U.S. Patent No. 4636202), and Buzot (U.S. Patent Pub. No. 20020111578).
4. Applicant makes the argument that “having multiple references that separately suggest different limitations of the claim is not enough to establish obviousness… a person of ordinary skill would not have been motivated to make the combination due to disadvantages and benefits both lost and gone should be weighed against one another” (Remarks, Page 15, Paragraph 2 to Page 17, Paragraph 1).
In response to Applicant’s argument (Remarks, Page 15, Paragraph 2 to Page 17, Paragraph 1), the 35 USC 103 prior art combination recited below including references, Howard, Johnson, Shennib, Olsen, Lowin, in which the combination of a whole does not destroy operability/functionality nor teach away from the primary reference, Johnson, and are combinable as given by beneficial advantageous motivation statement that does not remove any other benefits from the primary reference, Johnson.
5. Applicant makes the argument that “Howard shows its earplug being completely outside of the sheath of its device when its hearing aid is released. Howard does not explicitly teach the hearing aid remains in loaded position that is at least partially within the chamber. And Howard states the plunger 30 may also advance or retract the hearing device 30 to other positions within the ear canal. This teaches the hearing device remains within the ear canal even when it’s retracted to another position within the ear canal, and it does not teach or suggest retracting the hearing” (Remarks, Page 17, last paragraph and Page 18, Paragraph 1).
In response to Applicant’s argument (Remarks, Page 17, last paragraph and Page 18, Paragraph 1), Howard does not explicitly state that during retraction the hearing aid has to remain within the ear canal. Rather, Howard states in Paragraph 6 that there is a need for the user, simple and effective method and tool for introducing, positioning, repositioning and/or removing the CIC type hearing aid device. Also, Howard in Paragraph 58 states plunger 30 may also forward or retracted into the ear canal other position 10 of the hearing device 30. Lastly, in Figure 5A, the hearing aid is in the ear canal and within the chamber such that an insertion, removal, and repositioning follows the same step of the hearing aid retracted within the chamber during removal and repositing just as shown in Figure 5A. Whether the hearing aid loading apparatus remains within the ear canal or not during this retraction isn’t even currently claimed. Furthermore, Howard does show in Figure 5b that the hearing aid is completely outside of the sheath of its device when its hearing aid is released, but a limitation such as--being partially inside when released—is also never claimed. Examiner notes Applicant may further amend the claims to recite this limitation which may better distinguish Howard from Applicant’s claimed invention. Lastly, Howard does show the hearing aid remains in loaded position that is at least partially within the chamber as in Figure 5A which is construable as a loaded position.
6. Applicant makes the argument that “Howard nor Olsen suggest after releasing the load of the loader on the earplug, pushing the earplug from the chamber and away from the loaded position as recited in amended claim 1” (Remarks, Page 18, Paragraph 2 and Page 20, last paragraph to Page 21, Paragraph 2).
In response to Applicant’s argument (Remarks, Page 18, Paragraph 2 and Page 20, last paragraph to Page 21, Paragraph 2), a new 35 USC 103 combination Howard in view of Olsen view of Johnson (such as for the embodiment of claim 7 of releasing a loaded entry hold via a stop as well as embodiment of claim 12 of releasing a loaded entry hold via an expanded section) recited below discloses these newly amended limitation, such that Applicant’s argument is now moot. Howard discloses an insertion and retraction from and to a loaded position shown in Figure 5A (Paragraphs 6, 58 and Figure 5A). Olsen (Paragraph 53-55, 63-64 and Figures 3A) is applied to Howard to teach the releasing of a hold of the earplug is due to an expanded chamber 15 that structurally causes the grips 19 to release the engagement portion 31 of the hearing aid. Johnson is also applied to teach that the hearing aid is in the loaded position and then the loader moved further back into the chamber, as given by Johnson Paragraph 54 stating “the plunger (160) can be rotated relative to the plunger lock (180) so that the circumferentially-extending portions of the fingers (166) align with the finger holes (188). In that position, the plunger (160) can move axially independent of the plunger lock,” such that the loader is able to be retracted independently from the hearing aid in the loaded position and then able to push to hearing aid from the loaded position thereafter.
7. Applicant makes the argument that “Shennib's device is not analogous to the device claimed here and therefore cannot be used in this obviousness rejection. Here, the field of endeavor is clearly earplug insertion devices. The patent application does not address devices to remove earplugs or other items from users' ears. And Shennib does not deal with earplug insertion devices, only devices to remove items from users' ears. Additionally, Shennib's disclosure is not reasonably pertinent to the problem faced by the inventors here, which is how to load an earplug into a chamber of an earplug insertion device and/or how to also eject the earplug from the chamber of the earplug insertion device and into a user's ear canal. Thus, Shennib is not from the same field of endeavor as the claimed invention and it is not reasonably pertinent to the problem faced by the inventors here, so it cannot be used in an obviousness rejection of claim 1 or its dependent claims” (Remarks, Page 19, Paragraph 1 to Page 20, Paragraph 2 and Page 21, Paragraph 3 to Page 22, Paragraph 1).
In response to applicant's argument that Shennib is nonanalogous art (Remarks, Page 19, Paragraph 1 to Page 20, Paragraph 2 and Page 21, Paragraph 3 to Page 22, Paragraph 1), it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, the insertion/removal tool of Shennib is solving some of the inventors' problems (MPEP 2141.01(A)) of inserting and removing ear plug or hearing aid, as they both have similar shaped structures conforming to ear canal. Although Shennib isn’t solving all of inventor's problems faced such as the insertion, that doesn't make Shennib non-analogous. Furthermore, Shennib described ear plugs and hearing aids as substitutable analogous structures, since they both have similar shapes intended to be worn in the user’s ear, thereby also grouping them in the same field of endeavor (MPEP 2141.01(A)). Therefore, the combination of Howard in view of Shennib as a whole provides the applicator and piston of Howard that is still intended use for hearing aids but additionally intended use for ear plugs too, as taught by Shennib for the advantageous motivation of providing an improved loading apparatus that is adapted to remove and insert hearing aid, earplugs and other ear canal inserted devices for desirable user versatility (Shennib, Paragraph 43).
8. Applicant makes the argument that “Lowin is not a grip” (Remarks, Page 23, last paragraph).
In response to Applicant’s argument (Remarks, Page 23, last paragraph), Howard has the grip 48 partially within the chamber 40 of the applicator shell insertion/removal device. But does not show the grip retracted within a body of the plunger loader 42. Lowin then teaches a similar end portion abutting and pushing a medicament that is retracted with a plunger loader 40,44. This is applied to Howard such that Howard's grip 48 is received within chamber 48 and body of plunger loader 42. Examiner notes that Applicant is correct in that Lowin does not have an analogous grip, but Lowin still does have an analogous contact/abutting end portion, which is now correctly recited in the rejection below, and as such is still able to be combined with Howard to teach the grip/abutting end portion and body of loader feature of claim 19.
9. Overall, Examiner notes that Applicant may overcome the new prior art combination recited below by further amending the claims to recite distinguishing features. For example, --earplug is partially inside when released—to teach away from Howard as discussed above. Furthermore, Applicant may amend to overcome Olsen such as --the expanded section adjacent to a narrower end region, wherein the distal narrow end region is sized to at least partially hold the earplug in the loaded position--. Olsen has a narrower distal end region 11b but it’s very small as opposed to being intended to hold the earplug in the loaded position, such that Applicant has a narrow then expanded middle then narrow end section. Lastly, Applicant may also overcome Johnson by amending to recite --finger holes for the hook shaped grips-- which Johnson doesn’t have. Rather Johnson has fingers 166 of the plunger but that is not of a hook jaw grip.
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.
Claim 6 is 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.
Regarding claim 6, which currently depends on claim 4->3->2->1, makes it unclear how if in claim 6 “the releasing of the hold… while the jaws exit the chamber”, but claim 1 recites “after the releasing of the hold of the loader on the earplug, pushing the earplug from the chamber”. Therefore, the releasing of the hold in claim 1 is prior to exit the chamber, while the releasing of the hold in claim 6 is contradictory and after exiting the chamber. For examination purposes, in claim 6 rephrase “releasing the hold” to read –releasing an additional exit hold--.
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.
Claims 1-3, 10-14, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Olsen et al. (EP 3557883 A1) and in further view of Shennib et al. (U.S. Patent Pub. No. 20050249370).
Regarding claim 1, Howard discloses a method comprising: acquiring a loading apparatus (Paragraphs 6, 58, 60 and Figures 5A-5C, hearing aid 30 held, pulled, and pushed by jaw cap 48 of plunger 42 within chamber 40) comprising a chamber 40 (Paragraph 60 and Figures 5A-5C, chamber channel 40 of insertion body 40) of an insertion device 40 and a loader 42; pulling (Paragraphs 6, 58, and 60, the hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) a hearing aid 30 at least partially into the chamber 40 of the insertion device to a loaded position (Figure 5A) wherein the hearing aid is at least partially in the chamber, the pulling of the hearing aid 30 comprising using the loader 42 to pull the hearing aid 30 relative to the chamber 40 while the loader 42 is holding the hearing aid 30;
However, Howard fails to explicitly disclose (1) releasing the hold of the loader on the hearing aid while the hearing aid remains in the loaded position; and after the releasing of the hold of the loader on the hearing aid, pushing the hearing aid from the chamber; (2) using the loading apparatus for either a hearing aid or an earplug.
Olsen teaches an analogous loading apparatus ([Paragraph 53-55, 63-64 and Figures 3A-4] , hearing aid 30 abuttingly held, pulled, and pushed by jaw grips 18,19 of plunger 17 within chamber 12,15) comprising releasing ([Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4] hooks 19 release a hold of the engagement portion 31 of hearing aid 30 in chamber 15 compared to in chamber section 12, and then they protrudingly push and disengage hearing aid 30 from end 11b of expanded channel 15 into ear canal) the analogous hold ([Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4] hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) of the analogous loader 17 on the analogous hearing aid 30 while the analogous hearing aid 30 remains in the analogous loaded position; and after the releasing of the analogous hold of the analogous loader 17 on the analogous hearing aid 30, pushing the analogous hearing aid 30 from the analogous chamber 12,15.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the chamber and a hold of the loader on the hearing aid after a pulling of Howard, so that there is a releasing the hold of the loader on the hearing aid while the hearing aid remains in the loaded position; and after the releasing of the hold of the loader on the hearing aid, pushing the hearing aid from the chamber, as taught by Olsen, in order to provide an improved loading apparatus with an enhanced chamber and loader that comprises an expanded chamber section to release a hold within the chamber via an expanded section that causes jaws of the loader to release a tightened grip on an engagement portion and then pushing out the engagement portion into the ear canal for desirable insertion and retraction maneuvers (Olsen, Paragraph 53-55, 63-64 and Page 5/13, Paragraph 52, Col. 7, lines 35-37).
However, the combination of Howard in view of Olsen fails to explicitly disclose (2) using the loading apparatus for either a hearing aid or an earplug.
Shennib teaches using the analogous removal loading apparatus (Paragraphs 24, 43, and Figure 5, using removing, inserting, and holding tool 120 for hearing aid or earplug) for a hearing aid or a substitutable earplug.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the loading apparatus used with a hearing aid of Howard in view of Olsen, so that the loading apparatus is also able to be used with an earplug, as taught by Shennib, in order to provide an improved loading apparatus that is adapted to remove and insert hearing aid, earplugs, and other ear canal inserted devices for desirable user substitutable versatility (Shennib, Paragraph 43).
Regarding claim 2, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above and further discloses wherein the pulling (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) comprises moving the loader 42 (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid) relative to the chamber 40 (Howard, Paragraph 60 and Figures 5A-5C) while the loader 42 (Howard, Paragraph 60 and Figures 5A-5C) holds (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) the earplug (Shennib, Paragraphs 24, 43, and Figure 5).
Regarding claim 3, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein holding the earplug (Shennib, Paragraphs 24, 43, and Figure 5) comprises holding (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) the earplug with jaws (Howard, Paragraph 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding proximal end of hearing aid ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, jaw hooks 19) of the loader 42 (Howard, Paragraph 60 and Figures 5A-5C).
Regarding claim 10, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein the pushing (Howard, Paragraph 60 and Figures 5A-5C, Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) from the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ) comprises using the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) as a plunger to push the earplug (Shennib, Paragraphs 24, 43, and Figure 5) from the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ).
Regarding claim 11, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein at least a portion of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) passes at least partially through the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 )ahead (Howard, Paragraph 6, 58, 60 and Figures 5A-5C , plunger 42 retracts ahead of hearing aid ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17 retracts ahead of hearing aid within chamber) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) as the earplug (Shennib, Paragraphs 24, 43, and Figure 5) is being pulled at least partially into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 ).
Regarding claim 12, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4,chambers 12,15 )comprises an expanded section 15 (Olsen, Paragraph 53-55, 63-64, Page 5/13, Paragraph 52, Col. 7, lines 35-37, and Figures 3A-4, expanded chamber 15 ), and wherein the releasing (Olsen, Paragraph 53-55, 63-64, Page 5/13, Paragraph 52, Col. 7, lines 35-37, and Figures 3A-4, expanded chamber 15 wherein the jaw hooks 19 squeeze more firmly in expanded space 15 compared to when released past end 11b, as well as squeeze more firmly in narrower chamber 12 compared to in expanded chamber 15) of the hold (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17)on the earplug (Shennib, Paragraphs 24, 43, and Figure 5).
Regarding claim 13, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17)comprises jaws (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b. Jaws 19 also protrude out of end 11b of chamber 15 to grasp engagement 31 of hearing aid 30 for retraction) that are structured to grasp the earplug (Shennib, Paragraphs 24, 43, and Figure 5) when pulling the earplug (Shennib, Paragraphs 24, 43, and Figure 5) into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4,chambers 12,15 ), and wherein one or more of the jaws (Howard: 48; Olsen: 19) comprises a protrusion (Olsen, Paragraph 53-55, 63-64 and see annotated Figure 3B below, outward protrusion of jaw 19) that protrudes radially outward from the jaw (Olsen: 19) in a direction away from the earplug (Shennib, Paragraphs 24, 43, and Figure 5) when the earplug (Shennib, Paragraphs 24, 43, and Figure 5) is grasped by the one or more of the jaws (Howard: 48; Olsen: 19).
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Regarding claim 14, the combination of Howard in view of Shennib discloses the invention as described above and further discloses wherein the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17)comprises jaws (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b. Jaws 19 also protrude out of end 11b of chamber 15 to grasp engagement 31 of hearing aid 30 for retraction) that are structured to grasp the earplug (Shennib, Paragraphs 24, 43, and Figure 5) when pulling the earplug (Shennib, Paragraphs 24, 43, and Figure 5) into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4,chambers 12,15 ), and wherein one or more of the jaws (Howard: 48; Olsen: 19) comprises a protrusion (Olsen, Paragraph 53-55, 63-64 and see annotated Figure 3B above, inward protrusion of jaw 19) that protrudes radially inward from the jaw (Olsen: 19) in a direction toward the earplug (Shennib, Paragraphs 24, 43, and Figure 5) when the earplug (Shennib, Paragraphs 24, 43, and Figure 5) is grasped by the one or more of the jaws (Howard: 48; Olsen: 19), and wherein the protrusion aids in positioning the earplug in a predetermined axial position with at least part of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) being between the jaws (Howard: 48; Olsen: 19).
Regarding claim 38, Howard discloses A method comprising: pulling a hearing aid (Paragraphs 6, 58, 60 and Figures 5A-5C, hearing aid 30 held, pulled, and pushed by jaw cap 48 of plunger 42 within chamber 40) with a loader 42 while the loader 42 is maintaining a hold (Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid) on the hearing aid 30, the pulling of the hearing aid 30 comprising pulling the hearing aid at least partially into a chamber 40 (Paragraph 60 and Figures 5A-5C, chamber channel 40 of insertion body 40) of an insertion device 40 to a loaded position (Figure 5A); with the hearing aid 30 in the loaded position, positioning the insertion device 40 in an insertion position to insert a hearing aid 30 into a user's ear canal; and using the insertion device 40 at the insertion position, pushing the hearing aid from the chamber 40 and into the ear canal, the hearing aid30 remaining at least partially in the chamber 40 from the pulling (Paragraphs 6, 58, and 60, the hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A)of the hearing aid 30 at least partially into the chamber 40, during the positioning of the insertion device, and until the pushing of the hearing aid 30 from the chamber 40 and into the ear canal.
However, Howard fails to explicitly disclose (1) releasing the hold of the loader on the hearing aid with the hearing aid in the loaded position relative to the chamber, the hearing aid being at least partially in the chamber in the loaded position; (2) using the loader-insertion device for either a hearing aid or an earplug
Olsen teaches an analogous loading apparatus ([Paragraph 53-55, 63-64 and Figures 3A-4] , hearing aid 30 abuttingly held, pulled, and pushed by jaw grips 18,19 of plunger 17 within chamber 12,15) comprising releasing ([Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4] hooks 19 release a hold of the engagement portion 31 of hearing aid 30 in chamber 15 compared to in chamber section 12, and then they protrudingly push and disengage hearing aid 30 from end 11b of expanded channel 15 into ear canal) the analogous hold ([Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4] hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) of the analogous loader 17 on the analogous hearing aid in the analogous loaded position relative to the chamber, the analogous hearing aid being at least partially in the analogous chamber 12,15 in the analogous loaded position.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the chamber and a hold of the loader on the hearing aid after a pulling of Howard, so that there is a releasing the hold of the loader on the hearing aid with the hearing aid in the loaded position relative to the chamber, the hearing aid being at least partially in the chamber in the loaded position, as taught by Olsen, in order to provide an improved loading apparatus with an enhanced chamber and loader that comprises an expanded chamber section to release a hold within the chamber via an expanded section that causes jaws of the loader to release a tightened grip on an engagement portion and then pushing out the engagement portion into the ear canal for desirable insertion and retraction maneuvers (Olsen, Paragraph 53-55, 63-64 and Page 5/13, Paragraph 52, Col. 7, lines 35-37).
However, the combination of Howard in view of Olsen fails to explicitly disclose (2) using the loader-insertion device for either a hearing aid or an earplug.
Shennib teaches using the analogous loader-insertion/removal device (Paragraphs 24, 43, and Figure 5, using removing, inserting, and holding tool 120 for hearing aid or earplug) for a hearing aid or a substitutable earplug.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the loader-insertion device used with a hearing aid of Howard in view of Olsen, so that the loader-insertion device is also able to be used with an earplug, as taught by Shennib, in order to provide an improved loading apparatus that is adapted to remove and insert hearing aid, earplugs, and other ear canal inserted devices for desirable user substitutable versatility (Shennib, Paragraph 43).
Claims 4, 6, 36, and 39 as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Olsen et al. (EP 3557883 A1) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370), as applied to claim 3, 1, and 38, respectively, and in further view of Buzot (U.S. Patent Pub. No. 20020111578).
Regarding claim 4, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above but fails to explicitly disclose wherein the jaws of the loader squeeze together to hold the earplug more firmly as the jaws of the loader enter the chamber.
Buzot teaches an analogous loading apparatus 10 (Paragraphs 1, 21-25 and Figure 3, applicator 10 with chamber 20, loader plunger 40 with jaws 32, and bulky device 5 into a human body cavity) comprising an analogous insertion device 20 wherein the analogous jaws 32 of the analogous loader 40 squeeze together to hold (Paragraph 25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) a similar plug 5 more firmly as the analogous jaws 32 of the analogous loader 40 enter the chamber 20.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a jaw strength on the earplug of Howard in view of Olsen in view of Shennib, so that the jaws of the loader squeeze together to hold the earplug more firmly as the jaws of the loader enter the chamber, as taught by Buzot, in order to provide an improved loading apparatus with enhanced jaws that flex inward and outward when entering and exiting the chamber for desirable gripping and controlled release of the plug given by the plunger position (Buzot, Paragraphs 21-25).
Regarding claim 6, the combination of Howard in view of Olsen in view of Shennib in view of Buzot discloses the invention as described above but and further discloses wherein a releasing of an additional exit hold of the loader 42 (Howard, Paragraphs 56 and 60) on the earplug comprises jaws (Howard: 48; Olsen: 19 ; Buzot: 32) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) springing outward (Buzot, Paragraph 25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) while the jaws (Howard: 48; Olsen: 19 ; Buzot: 32) exit the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64, Page 5/13, Paragraph 52, Col. 7, lines 35-37, and Figures 3A-4, chamber 12,15).
Regarding claim 36, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above but fails to explicitly disclose the chamber helping to compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber, the earplug having a reduced size after being pulled at least partially into the chamber as compared to a size of the earplug prior to being pulled at least partially into the chamber.
Buzot teaches an analogous loading apparatus 10 (Paragraphs 1, 21-25 and Figure 3, applicator 10 with chamber 20, loader plunger 40 with jaws 32, and bulky device 5 into a human body cavity) comprising an analogous insertion device 20 wherein the analogous chamber 20 (Paragraphs 1, 21-25 and Figure 3) helping to compress (Paragraphs 17, 20, and 24-25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 compressed when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) a similar plug 5, the compressing of the similar plug 5 preparing the similar plug 5 to enter an analogous interior space of the analogous chamber 20.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the chamber and a jaw strength on the earplug of Howard in view of Olsen in view of Shennib, the chamber being structured to help compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber, as taught by Buzot, in order to provide an improved loading apparatus with enhanced jaws that flex inward and outward when entering and exiting the chamber for desirable gripping and controlled release of the plug given by the plunger position (Buzot, Paragraphs 21-25).
Therefore, the combination of Howard in view of Olsen in view of Shennib in view of Buzot discloses the earplug (Shennib, Paragraphs 24, 43, and Figure 5) having a reduced size (Paragraphs 17, 20, and 24-25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 compressed when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) after being pulled (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) at least partially into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 ) as compared to a size of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) prior to being pulled (Modification of Howard in view of Olsen in view of Shennib in view of Buzot) at least partially into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 ).
Regarding claim 39, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above and further discloses the chamber helping to compress the earplug and prepare the earplug to enter an interior space of the chamber, the earplug having a reduced size after being pulled at least partially into the chamber as compared to a size of the earplug prior to being pulled at least partially into the chamber.
Buzot teaches an analogous loading apparatus 10 (Paragraphs 1, 21-25 and Figure 3, applicator 10 with chamber 20, loader plunger 40 with jaws 32, and bulky device 5 into a human body cavity) comprising an analogous insertion device 20 wherein the analogous chamber 20 (Paragraphs 1, 21-25 and Figure 3) helping to compress (Paragraphs 17, 20, and 24-25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 compressed when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) a similar plug 5, the compressing of the similar plug 5 preparing the similar plug 5 to enter an analogous interior space of the analogous chamber 20.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the chamber and a jaw strength on the earplug of Howard in view of Olsen in view of Shennib, the chamber being structured to help compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber, as taught by Buzot, in order to provide an improved loading apparatus with enhanced jaws that flex inward and outward when entering and exiting the chamber for desirable gripping and controlled release of the plug given by the plunger position (Buzot, Paragraphs 21-25).
Therefore, the combination of Howard in view of Olsen in view of Shennib in view of Buzot discloses the earplug (Shennib, Paragraphs 24, 43, and Figure 5) having a reduced size (Paragraphs 17, 20, and 24-25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 compressed when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) after being pulled (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) at least partially into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 ) as compared to a size of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) prior to being pulled (Modification of Howard in view of Olsen in view of Shennib in view of Buzot) at least partially into the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, chambers 12,15 ).
Claims 7-8, 34-35, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Olsen et al. (EP 3557883 A1) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370), as applied to claim 1 and 38, respectively, and in further view of Johnson et al. (U.S. Patent Pub. No. 20090266369).
Regarding claim 7, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above but fails to explicitly disclose wherein the releasing of the hold of the loader on the earplug comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous releasing (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) of the analogous loader 160 on the analogous earplug 102,104 comprises using a stop230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) positioned at least partially inside the chamber 110 to inhibit movement of the earplug while an analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) of the loader 160 is moved away from the earplug 102,104.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the releasing of the hold of the abutting grip of the loader on the earplug within the chamber of Howard in view of Olsen in view of Shennib, so that the releasing of the hold of the loader on the earplug also comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Regarding claim 8, the combination of Howard in view of Olsen in view of Shennib in view of Johnson discloses the invention as described above and further discloses wherein the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement with plunger 160 sliding therein. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) comprises a sleeve230 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) and wherein at least a portion of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) slides within the sleeve230 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) when releasing (Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hooks 19 release a hold of the engagement portion 31 of hearing aid 30 in chamber 15 compared to in chamber section 12, and then they protrudingly push and disengage hearing aid 30 from end 11b of expanded channel 15 into ear canal ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, additionally releasing a hold via stop 230, 180 allowing rearward pulling of the loader 160 in the chamber 110 while earplug 102,104 stays in loaded position) the hold (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) on the earplug (Shennib, Paragraphs 24, 43, and Figure 5 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9).
Regarding claim 34, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above and further discloses wherein the pulling (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b. Jaws 19 also protrude out of end 11b of chamber 15 to grasp engagement 31 of hearing aid 30 for retraction) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) comprises pulling the earplug (Shennib, Paragraphs 24, 43, and Figure 5) in a direction relative to the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 )while a grip (Howard: 48; Olsen: 19) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) holds (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) with the earplug (Shennib, Paragraphs 24, 43, and Figure 5) and the grip (Howard: 48; Olsen: 19) moving in the direction relative to the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ).
However, the combination of Howard in view of Olsen in view of Shennib fails to explicitly disclose the grip continuing to move in the direction relative to the chamber after releasing the hold of the grip on the earplug so that the earplug remains at least partially in the chamber while the grip continues moving in the direction relative to the chamber without continuing to pull the earplug.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous releasing (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) of the analogous loader 160 on the analogous earplug 102,104 comprises using a stop230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) positioned at least partially inside the chamber 110 to inhibit movement of the earplug while an analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) of the loader 160 is moved away from the earplug 102,104) wherein the analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) continuing to move in the analogous direction relative to the analogous chamber 110 after analogous releasing the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is released from contact while earplug is still loaded in chamber 110 and loader 160 is able to be retracted individually) on the analogous earplug 102,104 so that the analogous earplug 102,104 remains at least partially in the analogous chamber 110 while the analogous end abutting surface continues moving in the analogous direction relative to the analogous chamber 110 without continuing to pull the analogous earplug 102,104.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the releasing of the hold of the abutting grip of the loader on the earplug within the chamber of Howard in view of Olsen in view of Shennib, so that the releasing of the hold of the loader on the earplug also comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug such that the abutting grip continues to move in the direction relative to the chamber after releasing the hold of the abutting grip on the earplug so that the earplug remains at least partially in the chamber while the abutting grip continues moving in the direction relative to the chamber without continuing to pull the earplug, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Regarding claim 35, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above and further discloses wherein the pulling (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b. Jaws 19 also protrude out of end 11b of chamber 15 to grasp engagement 31 of hearing aid 30 for retraction) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) comprises pulling the earplug (Shennib, Paragraphs 24, 43, and Figure 5) in a direction relative to the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ) while a grip of (Howard: 48; Olsen: 19) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) holds (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) with the earplug (Shennib, Paragraphs 24, 43, and Figure 5) and the grip (Howard: 48; Olsen: 19) moving in the direction relative to the (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ), wherein the releasing (Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hold released in chamber 15 prior to exit while hearing aid is at least partially in chamber 15) of the hold of the grip on the earplug (Shennib, Paragraphs 24, 43, and Figure 5) occurs while the earplug (Shennib, Paragraphs 24, 43, and Figure 5) is at least partially in the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ).
However, the combination of Howard in view of Olsen in view of Shennib fails to explicitly disclose the wherein the releasing of the hold of the grip on the earplug occurs while the earplug is at least partially in the chamber and while the grip continues moving in the direction relative to the chamber.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous releasing (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) of the analogous loader 160 on the analogous earplug 102,104 comprises using a stop230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) positioned at least partially inside the chamber 110 to inhibit movement of the earplug while an analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) of the loader 160 is moved away from the earplug 102,104) wherein the analogous releasing of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is released from contact while earplug is still loaded in chamber 110 and loader 160 is able to be retracted individually) on the analogous earplug 102,104 occurs while the analogous earplug 102,104 is at least partially in the analogous chamber 110 and while the analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) continues moving in the direction relative to the analogous chamber 110.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the releasing of the hold of the abutting grip of the loader on the earplug within the chamber of Howard in view of Olsen in view of Shennib, so that the releasing of the hold of the loader on the earplug also comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug such that the releasing of the abutting grip hold on the earplug occurs while the earplug is at least partially in the chamber and while the abutting grip hold continues moving in the direction relative to the chamber, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Regarding claim 40, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above and further discloses wherein the pulling (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b. Jaws 19 also protrude out of end 11b of chamber 15 to grasp engagement 31 of hearing aid 30 for retraction) of the earplug (Shennib, Paragraphs 24, 43, and Figure 5) comprises pulling the earplug (Shennib, Paragraphs 24, 43, and Figure 5) in a direction relative to the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 )while a grip (Howard: 48; Olsen: 19) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Olsen, Paragraph 53-55, 63-64 and Figures 3A-4, loader 17) holds (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid; Olsen, Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) with the earplug (Shennib, Paragraphs 24, 43, and Figure 5) and the grip (Howard: 48; Olsen: 19) moving in the direction relative to the chamber (Howard, Paragraph 60 and Figures 5A-5C, chamber 40; Olsen, chambers 12,15 ).
However, the combination of Howard in view of Olsen in view of Shennib fails to explicitly disclose the grip continuing to move in the direction relative to the chamber after releasing the hold of the grip on the earplug so that the earplug remains at least partially in the chamber while the grip continues moving in the direction relative to the chamber without continuing to pull the earplug.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous releasing (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) of the analogous loader 160 on the analogous earplug 102,104 comprises using a stop230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) positioned at least partially inside the chamber 110 to inhibit movement of the earplug while an analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) of the loader 160 is moved away from the earplug 102,104) wherein the analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) continuing to move in the analogous direction relative to the analogous chamber 110 after analogous releasing the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is released from contact while earplug is still loaded in chamber 110 and loader 160 is able to be retracted individually) on the analogous earplug 102,104 so that the analogous earplug 102,104 remains at least partially in the analogous chamber 110 while the analogous end abutting surface continues moving in the analogous direction relative to the analogous chamber 110 without continuing to pull the analogous earplug 102,104.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the releasing of the hold of the abutting grip of the loader on the earplug within the chamber of Howard in view of Olsen in view of Shennib, so that the releasing of the hold of the loader on the earplug also comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug such that the abutting grip continues to move in the direction relative to the chamber after releasing the hold of the abutting grip on the earplug so that the earplug remains at least partially in the chamber while the abutting grip continues moving in the direction relative to the chamber without continuing to pull the earplug, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Olsen et al. (EP 3557883 A1) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370), as applied to claim 1, and in further view of Goyer (U.S. Patent Pub. No. 20090032031).
Regarding claim 15, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above but fails to explicitly disclose wherein the earplug includes two opposite ends that are both rounded.
Goyer teaches an analogous earplug (Paragraphs 26, 42, and Figure 3B, earplug 31 with rounded opposite ends) wherein the analogous earplug 31 includes two opposite ends that are both rounded.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a shape of the earplug of Howard in view of Olsen in view of Shennib, so that the earplug includes two opposite ends that are both rounded, as taught by Goyer, in order to provide an improved earplug loading apparatus with an enhanced earplug having a rounded shape for desirable shaping and sizing to user’s ear canal for various sound and water plugging application and sensitivities (Goyer, Paragraphs 8, 14, 26, and 42).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Olsen et al. (EP 3557883 A1) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370), as applied to claim 1, and in further view of Johnson et al. (U.S. Patent Pub. No. 20090266369) and Goyer (U.S. Patent Pub. No. 20090032031).
Regarding claim 16, the combination of Howard in view of Olsen in view of Shennib discloses the invention as described above but fails to explicitly disclose (1) wherein the earplug has a flat end and pushing the earplug from the loaded position out of the chamber with the flat end proceeding into the ear canal first; (2) the earplug has one rounded end and flat end opposite the rounded end.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous earplug 102,104 has a flat distal end (Paragraph 63 and Figures 1 and 8, earplug 102 with flat end to be pushed out of chamber first),and pushing the earplug from the analogous loaded position (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, releasing a hold via stop 230, 180 allowing rearward pulling of the loader 160 in the chamber 110 while earplug 102,104 stays in a loaded position) out of the analogous chamber 110 with the flat end proceeding into the ear canal first.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a shape of the earplug of Howard in view of Olsen in view of Shennib, so that the earplug has a flat end and pushing the earplug from the loaded position out of the chamber with the flat end proceeding into the ear canal first, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced earplug shape that has a flat distal end to be inserted into ear canal first(Johnson, Paragraphs 4, 55, 59, 63-65), for desirable sealing and user comfort.
However, the combination of Howard in view of Olsen in view of Shennib in view of Johnson fails to explicitly disclose (2) the earplug has one rounded end and flat end opposite the rounded end.
Goyer teaches an analogous earplug 31E (Paragraphs 26, 41, and Figure 2D, earplug 31E with rounded contoured end 31C and flat end 31D) wherein the analogous earplug 31E has one rounded end 31C and analogous flat end 31D opposite the rounded end 31C.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to further modify the shape of the earplug with the flat end proceeding first into the ear canal of Howard in view of Olsen in view of Shennib in view of Johnson, so that the earplug has one rounded end opposite the flat end, as taught by Goyer, in order to provide an improved earplug loading apparatus with an enhanced earplug having a flat and rounded shape for desirable shaping and sizing to user’s ear canal for various sound and water plugging application and sensitivities (Goyer, Paragraphs 8, 14, 26, and 41).
Additionally, there is no evidence of record that establishes that changing a shape of the flat side and round side as being the proximal and distal end of the earplug would result in a difference in function of the earplug loading apparatus of Howard in view of Olsen in view of Shennib in view of Johnson in view of Goyer, since one end will be round and the opposite side will be flat as taught by Goyer and the flat end proceeding into the ear canal as taught by Johnson. Further, a person having ordinary skill in the art, being faced with modifying the ending shape of the earplug of Howard in view of Olsen in view of Shennib in view of Johnson in view of Goyer would have a reasonable expectation of success in making such a modification and it appears the earplug loading apparatus as intended being given the claimed shape. Additionally, there is only two modifications possible where there is a distal flat end and a proximal round end or a distal round end and proximal flat end. Similarly, applicant has not disclosed that the claimed directional position solves any stated problem, simply indicating from Paragraph 6 that one rounded end and one flat end “can” be loaded, and Paragraph 233 that both modifications a distal flat end and a proximal round end or a distal round end and proximal flat end are contemplated, thereby not providing any criticality to the claimed shape; see MPEP 2144(IV)(B) Changes in Shape- In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claims 17-18, 20, 22-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370) and in further view of Buzot (U.S. Patent Pub. No. 20020111578).
Regarding claim 17, Howard discloses a loading apparatus (Paragraphs 6, 58, 60 and Figures 5A-5C, hearing aid 30 held, pulled, and pushed by jaw cap 48 of plunger 42 within chamber 40)comprising: a hearing aid 30; an insertion device 40 (Paragraphs 6, 58, 60 and Figures 5A-5C, chamber body with inner chamber channel 40) comprising a chamber 40 ; and a loader 42 comprising a grip 48 that is structured to pull (Paragraphs 6, 58, and 60, the hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) the hearing aid 30 at least partially into the chamber 40 of the insertion device 40,
However, Howard fails to explicitly disclose (1) using the loading apparatus for either a hearing aid or an earplug; (2) the chamber being structured to help compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber.
Shennib teaches using the analogous removal loading apparatus (Paragraphs 24, 43, and Figure 5, using removing, inserting, and holding tool 120 for hearing aid or earplug) for a hearing aid or a substitutable earplug.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the loading apparatus used with a hearing aid of Howard, so that the loading apparatus is also able to be used with an earplug, as taught by Shennib, in order to provide an improved loading apparatus that is adapted to remove and insert hearing aid, earplugs, and other ear canal inserted devices for desirable user substitutable versatility (Shennib, Paragraph 43).
However, the combination of Howard in view of Shennib fails to explicitly disclose (2) the chamber being structured to help compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber.
Buzot teaches an analogous loading apparatus 10 (Paragraphs 1, 21-25 and Figure 3, applicator 10 with chamber 20, loader plunger 40 with jaws 32, and bulky device 5 into a human body cavity) comprising an analogous insertion device 20 wherein the analogous chamber 20 (Paragraphs 1, 21-25 and Figure 3) being structured to help compress (Paragraphs 17, 20, and 24-25, claim 3, and Figure 2, jaws 32 are more firmly squeezed to hold bulky device 5 compressed when in chamber 20 and then once jaws 32 exit the chamber 20 they flex outward to release bulky device 5 into body cavity) a similar plug 5, the compressing of the similar plug 5 preparing the similar plug 5 to enter an analogous interior space of the analogous chamber 20.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the chamber and a jaw strength on the earplug of Howard in view Shennib, the chamber being structured to help compress the earplug, the compressing of the earplug preparing the earplug to enter an interior space of the chamber, as taught by Buzot, in order to provide an improved loading apparatus with enhanced jaws that flex inward and outward when entering and exiting the chamber for desirable gripping and controlled release of the plug given by the plunger position (Buzot, Paragraphs 21-25).
Regarding claim 18, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above and further discloses wherein the grip is structured to hold the earplug (Shennib, Paragraphs 24, 43, and Figure 5) while the grip pulls (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) the earplug (Shennib, Paragraphs 24, 43, and Figure 5)at least partially into the chamber 40 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C).
Regarding claim 20, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above and further discloses the earplug (Shennib, Paragraphs 24, 43, and Figure 5) insertion device (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C) being configured to hold the earplug(Shennib, Paragraphs 24, 43, and Figure 5) in position in the chamber 40 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C) and to push (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) the earplug from the chamber 40 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C)into an ear canal.
Regarding claim 22, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above. Howard further discloses wherein the grip (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) comprises jaws 48 extending from a body of the loader 42.
Regarding claim 23, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above but fails to explicitly disclose wherein the jaws comprise three or more jaws.
Shennib further teaches wherein the analogous jaws 122 (Paragraph 25 and Figure 8, three hook jaws 122 at end of plunger 120) comprise three analogous jaws 122.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a number of the jaws of Howard in view of Shennib in view of Buzot, so that the jaws comprise three jaws, as taught by Shennib, in order to provide an improved earplug loading apparatus with enhanced jaws that are thin shaped to hold and hook the earplug from at three different sides of the earplug for desirable holding and releasing forces (Shennib, Paragraph 25).
Regarding claim 25, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above and further discloses wherein the loader 42 (Howard, Paragraph 60 and Figures 5A-5C ) is further structured to push (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) from the chamber 40 into an ear canal.
Regarding claim 37, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above and further discloses wherein the loader (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, plunger 42) is structured to pull (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction) the earplug (Shennib, Paragraphs 24, 43, and Figure 5) with the grip 48 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48) in a direction relative to the chamber 40 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C), with the earplug (Shennib, Paragraphs 24, 43, and Figure 5) and the grip 48 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C) moving in the direction (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end 39 of hearing aid during pushing insertion and/or pulling retraction. The hearing aid 30 is in the ear canal and within the chamber 40 such that an insertion, removal, and repositioning follows the same step of the hearing aid 30 retracted within the chamber 40 during removal and repositing just as shown in Figure 5A) relative to the chamber40 (Howard, Paragraphs 6, 58, 60 and Figures 5A-5C.
However, the combination of Howard in view of Shennib in view of Buzot fails to explicitly disclose the loader being structured to release a hold on the earplug while the earplug is at least partially in the chamber, and the loader being structured to continue moving in the direction relative to the chamber after releasing the earplug so that the earplug remains at least partially in the chamber while the grip continues moving in the direction relative to the chamber without continuing to pull the earplug.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous releasing (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) of the analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) of the analogous loader 160 on the analogous earplug 102,104 comprises using a stop230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) positioned at least partially inside the chamber 110 to inhibit movement of the earplug while an analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104) of the loader 160 is moved away from the earplug 102,104) wherein the analogous loader 160 being structured to release an analogous abutment (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) on the analogous earplug 102,104 while the analogous earplug 102,104 is at least partially in the analogous chamber 110, and the analogous loader160 being structured to continue moving in the analogous direction relative to the analogous chamber 110 after releasing the analogous earplug 102,104 so that the analogous earplug 102,104 remains at least partially in the analogous chamber 110 while the analogous end abutting surface (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104 is moved further rearward in the chamber without the earplug 102,104)continues moving in the analogous direction relative to the analogous chamber 110 without continuing to pull the analogous earplug 102,104.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the releasing of the hold of the abutting grip of the loader on the earplug within the chamber of Howard in view of Shennib in view of Buzot, so that a releasing of the hold of the loader on the earplug comprises using a stop positioned at least partially inside the chamber to inhibit movement of the earplug while a grip of the loader is moved away from the earplug such that the loader being structured to release a hold on the earplug while the earplug is at least partially in the chamber, and the loader being structured to continue moving in the direction relative to the chamber after releasing the earplug so that the earplug remains at least partially in the chamber while the grip continues moving in the direction relative to the chamber without continuing to pull the earplug, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370) in view of Buzot (U.S. Patent Pub. No. 20020111578), as applied to claim 17, and in further view of Lowin et al. (U.S. Patent No. 4636202).
Regarding claim 19, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above but fails to explicitly disclose wherein the grip is at least partially retractable into a body of the loader.
Lowin teaches an analogous loading apparatus 20 (Col. 4, lines 20-60 and Figures 1-2, medicament applicator 20 with first plunger 40 pushing medicament being telescopingly retractable in second plunger 44 and the plungers 40,44 being telescopingly slidable within the chamber shell 26) wherein the analogous abutting distal end surface 42 (Col. 4, lines 20-60 and Figures 1-2, piston 42 grips and pushes medicament with first plunger portion 40 being retracted into body 44 of loader 40,44) is at least partially retractable into a body 44 of the loader 40,44.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the abutting distal end grip of the loader of Howard in view of Shennib in view of Buzot, so that the grip is at least partially retractable into a body of the loader, as taught by Lowin, in order to provide an improved loading apparatus with an enhanced loader that is teloscopingly slidable within the chamber and also has the grip telescoping slidable within the loader body for desirable pushing and pulling of the plunger with further controlled retracting and advancing of the grip relative increasing precision of use (Lowin, Col. 4, lines 20-60).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370) in view of Buzot (U.S. Patent Pub. No. 20020111578), as applied to claim 20, and in further view of Wade (U.S. Patent No. 4160449).
Regarding claim 21, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above but fails to explicitly disclose wherein the earplug is a foam earplug.
Wade teaches an analogous earplug (Col. 2, lines 10-20 and Figure 1, foam earplug 1) is foam.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the earplug of Howard in view of Shennib in view of Buzot, so that the earplug is foam, as taught by Wade, in order to provide an improved earplug loading apparatus with an enhanced earplug material that is easily deformable foam for comfortably being worn by user as well as desirable foam compression properties during insertion and removal (Wade, Col. 2, lines 10-20).
Claims 26-28 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370) in view of Buzot (U.S. Patent Pub. No. 20020111578), as applied to claim 17, and in further view of Johnson et al. (U.S. Patent Pub. No. 20090266369).
Regarding claim 26, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above but fails to explicitly disclose wherein the loader comprises a stop that is structured to inhibit movement of the loader past a predetermined position when pushing the earplug from the chamber into an ear canal.
Johnson teaches an analogous earplug loading apparatus (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, earplug apparatus 100 with earplug 102,104, chamber 110, plunger 160, and stop 230,140 180,156 comprising stop sleeve 230, and stop abutment 140 as well as stop lock 180 with access gap finger holes 188 wherein the rotation of the loader 160 within the access gap finger holes 188 allows movement past predetermined position. Thereby the loader 160 is released from abutment with the earplug 102,104 and moved further rearward within chamber 110 while earplug 102,104 stays loaded in chamber 110) wherein the analogous loader 160 comprises a stop 230 180 (Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) that is structured to inhibit movement of the analogous loader 160 past a predetermined position when pushing(Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, abutting end surface of loader 160 to contact and push earplug 102,104) the analogous earplug 102,104 from the analogous chamber 110 into an ear canal.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify an interaction of the loader within the chamber of Howard in view of Shennib in view of Buzot, so that there is also a stop that is structured to inhibit movement of the loader past a predetermined position when pushing the earplug from the chamber into an ear canal, as taught by Johnson, in order to provide an improved earplug loading apparatus with an enhanced loader and chamber where a stop comprises a sleeve that abuts against a wall at the end of the chamber and the stop also comprises a stop lock with access gap finger holes for restricting movement of the loader past a predetermined position and rotation of the loader within the access gap finger holes for movement past the predetermined position for desirable controlled pushing and pulling of the loader within the chamber preventing an inadvertent release of the earplug (Johnson, Paragraphs 55, 59, and 64-65).
Regarding claim 27, the combination of Howard in view of Shennib in view of Johnson discloses the invention as described above and further discloses wherein the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement with plunger 160 sliding therein. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) comprises a sleeve230 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) that is structured so that at least a portion of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) is slidable within the sleeve (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) when releasing (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, releasing a hold via stop 230, 180 allowing rearward pulling of the loader 160 in the chamber 110 while earplug 102,104 stays in loaded position) a hold (Howard, Paragraphs 58, 60 and Figures 5A-5C, jaw cap 48 of plunger 42 for holding and moving proximal end of hearing aid) of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) on the earplug (Shennib, Paragraphs 24, 43, and Figure 5).
Regarding claim 28, the combination of Howard in view of Shennib in view of Buzot in view of Johnson discloses the invention as described above and further discloses wherein at least one of the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, stop sleeve 230 abuts against wall 140 of chamber 110 to inhibit movement with plunger 160 sliding therein. Also, stop lock 180 abuts front end of axial slots 156 to prevent further movement of plunger 160) and the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) are moveable between a stopped position (Johnson, Paragraphs 59, 63-65, and Figures 1, 8-9, stopped position defines predetermined position when lock 180 abut front end of axially extending slots 156 preventing further motion of plunger 160) of the loader 42 (Howard, Paragraph 60 and Figures 5A-5C) relative to the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) where the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) inhibits movement of the loader (Howard, Paragraph 60 and Figures 5A-5C , loader 42 ; Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9, loader 160) past a predetermined position relative to the chamber when pushing the earplug (Shennib, Paragraphs 24, 43, and Figure 5) from the chamber 40 (Howard, Paragraph 60 and Figures 5A-5C) into an ear canal and a non-stopped position (Johnson, Paragraphs 59, 63-65, and Figures 1, 8-9, non-stopped position past predetermined position when lock 180 abut front end of axially extending slots 156 but plunger 160 is rotated within the access gaps finger holes 188 allowing further motion of plunger 160 through stop 180) wherein the stop 230, 180 (Johnson, Paragraphs 4, 55, 59, 63-65, and Figures 1, 8-9) does not inhibit movement of the loader 42 (Howard, Paragraph 60 and Figures 5A-5C) past the predetermined position relative to the chamber 40 (Howard, Paragraph 60 and Figures 5A-5C) when pushing the earplug from the chamber 40 (Howard, Paragraph 60 and Figures 5A-5C) into an ear canal.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Howard et al. (U.S. Patent Pub. No. 20140254847) in view of Shennib et al. (U.S. Patent Pub. No. 20050249370) in view of Buzot (U.S. Patent Pub. No. 20020111578), as applied to claim 17, and in further view of Olsen et al. (EP 3557883 A1).
Regarding claim 29, the combination of Howard in view of Shennib in view of Buzot discloses the invention as described above but fails to explicitly disclose wherein the chamber comprises an expanded section, and wherein the earplug loading apparatus is structured to expand a grip of the loader in the expanded section to loosen a grasp of the grip on the earplug and release the earplug from the grip.
Olsen teaches an analogous loading apparatus ([Paragraph 53-55, 63-64 and Figures 3A-4] , hearing aid 30 abuttingly held, pulled, and pushed by jaw grips 18,19 of plunger 17 within chamber 12,15) wherein the analogous chamber 12,15 comprises an expanded section (Page 5/13, Paragraph 52, Col. 7, lines 35-37 and Figures 3A-4, hearing aid is held in chamber 12 by jaws 19 and then the jaws 19 release a tight hold on the hearing aid in chamber 15 such that the hearing aid 30 is still held loaded in chamber 15 prior to being pushed to exit by jaws 19 protruding from exit 11b), and wherein the analogous loading apparatus is structured to expand an analogous grip 19 of the analogous loader 17 in the expanded section 15 to loosen a grasp of the grip 19 on the similar hearing aid 30 and release the similar hearing aid 30 from the grip 19.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the chamber and a hold of the loader on the hearing aid of Howard, so that the chamber comprises an expanded section, and wherein the earplug loading apparatus is structured to expand a grip of the loader in the expanded section to loosen a grasp of the grip on the earplug and release the earplug from the grip, as taught by Olsen, in order to provide an improved loading apparatus with an enhanced chamber and loader that comprises an expanded chamber section to release a hold within the chamber via an expanded section that causes jaws of the loader to release a tightened grip on an engagement portion and then pushing out the engagement portion into the ear canal for desirable insertion and retraction maneuvers (Olsen, Paragraph 53-55, 63-64 and Page 5/13, Paragraph 52, Col. 7, lines 35-37).
Conclusion
24. Applicant's 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.
25. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786