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 .
DETAILED ACTION
Applicant is advised that the new art unit number is 2692. Please use the new art unit number for all future communications.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/18/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killion et al. (US 2005/0002541) hereinafter Killion541 in view of Yoneda et al. (US 2006/0144413) in view of Ibuki (JP 08-238737 using an English machine translation) in view of Dateki et al. (JP 2020-117561 using an English machine translation).
Regarding claim 1, Killion541 discloses a method of manufacturing a filter device, the method comprising:
obtaining a mesh (Fig. 13B: 1303, which corresponds to Fig. 11A: 1103), a first adhesive element (Fig. 13B: 1301 on the right, which corresponds to Fig. 11A: 1101), and a second adhesive element (Fig. 13B: 1301 on the left, which corresponds to an undepicted 1101 under 1103 in Fig. 11A according to the last sentence of ¶ 0050), wherein the mesh comprises a first portion (Fig. 11A: portion of 1103 that aligns with 1104 i.e. uncovered portion) and a second portion (Fig. 11A: portion of 1103 that is covered by 1101) surrounding the first portion (see Fig. 11A);
arranging the first adhesive element and the second adhesive element on opposite surfaces at the second portion of the mesh to obtain a filter assembly (¶ 0050 and see Figs. 11A and 13B); and
Killion541 is not relied upon to disclose applying a force to the filter assembly for a period of time to create the filter device, wherein the force is applied to cause adhesive from the first adhesive element and the second adhesive element to enter one or more openings at the second portion of the mesh such that the adhesive extends between the opposite surfaces of the second portion of the mesh.
In a similar field of endeavor of bonding adhesive to mesh, Yoneda discloses attaining high bondability of adhesive of double-sided tape to mesh (¶ 0085, 0067) by applying a force to the mesh (¶ 0062: pressed and bonded to mesh 103), wherein the force is applied to cause adhesive from an adhesive element (adhesive layer of double-sided tape) to enter one or more openings at the mesh such that the adhesive extends between the opposite surface of the mesh (¶ 0028, 0067, 0085 and see Figs. 3-6 which each show adhesive 12 extending to between upper and lower surfaces of 103).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
applying a first force to the filter assembly (of Killion541) first force is applied to cause adhesive from the first adhesive element (of Killion541) to enter one or more openings at the second portion of the mesh such that the adhesive extends between the opposite surfaces of the second portion of the mesh,
applying a second force to the filter assembly (of Killion541) second force is applied to cause adhesive from the second adhesive element (of Killion541) to enter one or more openings at the second portion of the mesh such that the adhesive extends between the opposite surfaces of the second portion of the mesh,
the motivation being to attain high bondability since bonding is to the mesh wires not linearly but peripherally by wrapping each wire when the tape is bonded (Yoneda - ¶ 0085, 0067).
Killion541-Yoneda is not relied upon to disclose that the first force and the second force are the same force.
In a similar field of endeavor of manufacturing a multi-layered product, Ibuki discloses manufacturing a product where force is applied simultaneously (i.e. a same force (via 5 and 6)) to a top layer (2b and 4b) and a bottom layer (2a and 4a) in order to attach the top layer and the bottom layer to a middle layer (1), with the benefit of shortening manufacturing time and improving productivity compared to performing the attachment as two separate steps (i.e. what is currently disclosed above by Killion541-Yoneda) (Fig. 1, page 3, lines 15-21, and paragraph spanning pages 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: use a device such as 5 and 6 of Ibuki in order to apply the first force and the second force of Killion541-Yoneda simultaneously,
which would result in: the first force and the second force are the same force,
which would result in: applying a force to the filter assembly
the motivation being to shorten manufacturing time and/or improve productivity (Ibuki - page 3, lines 15-21).
Killion541-Yoneda-Ibuki is not relied upon to disclose applying a force to the filter assembly for a period of time to create the filter device.
In a similar field of endeavor of adhesive bonding, Dateki discloses applying a force for a period of time to attach an adhesive layer to a surface, wherein the force has a predetermined force value (paragraph spanning pages 14-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: applying a force for a period of time to attach the first adhesive element and the second adhesive element to the mesh, wherein the force has a predetermined force value,
which would result in: applying a force to the filter assembly for a period of time to create the filter device,
the motivation being to use a force and time period that would give complete adherence (Dateki - paragraph spanning pages 14-15).
Regarding claim 2, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1.
Additionally, Dateki discloses applying a force for a period of time to attach an adhesive layer to a surface, wherein the force has a predetermined force value (paragraph spanning pages 14-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: applying a force for a period of time to attach the first adhesive element and the second adhesive element to the mesh, wherein the force has a predetermined force value, the motivation being to use a force and time period that would give complete adherence (Dateki - paragraph spanning pages 14-15).
Regarding claim 3, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 2, and Dateki discloses wherein the predetermined force value is at least 0.2 MPa (paragraph spanning pages 14-15).
The teachings of Dateki relied upon above are combinable with Killion541-Yoneda-Ibuki-Dateki for the same reasons set forth above in the claim 2 rejection.
Regarding claim 4, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1.
Additionally, Dateki discloses applying a force for a period of time to attach an adhesive layer to a surface, wherein the period has a predetermined period value (paragraph spanning pages 14-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: applying a force for a period of time to attach the first adhesive element and the second adhesive element to the mesh, wherein the period has a predetermined period value, the motivation being to use a force and time period that would give complete adherence (Dateki - paragraph spanning pages 14-15).
Regarding claim 5, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 4, and Dateki discloses wherein the predetermined period value is at least 1 sec (paragraph spanning pages 14-15).
The teachings of Dateki relied upon above are combinable with Killion541-Yoneda-Ibuki-Dateki for the same reasons set forth above in the claim 4 rejection.
Regarding claim 6, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1.
Additionally, Dateki discloses applying a force for a period of time to attach an adhesive layer to a surface, wherein the period has a predetermined period value (paragraph spanning pages 14-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: applying a force for a period of time to attach the first adhesive element and the second adhesive element to the mesh, which would result in: wherein the act of applying the force comprises pressing the first adhesive element and the second adhesive element towards the second portion of the mesh, the motivation being to use a force and time period that would give complete adherence (Dateki - paragraph spanning pages 14-15).
Regarding claim 7, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 6.
Additionally, Yoneda discloses wherein at least a part of an adhesive element (adhesive layer of double-sided tape) is pressed into a mesh (¶ 0028, 0067, 0085).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein at least a part of the first adhesive element and/or at least a part of the second adhesive element is pressed into the second portion of the mesh, the motivation being to attain high bondability since bonding is to the mesh wires not linearly but peripherally by wrapping each wire when the tape is bonded (Yoneda - ¶ 0085, 0067).
Regarding claim 8, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1, and Killion541 discloses wherein each of the first adhesive element and the second adhesive element comprises at least one perforation (1104) (¶ 0050 indicates both sheets have the perforations 1104), and wherein the act of arranging the first adhesive element and the second adhesive element comprises:
aligning the at least one perforation of the first adhesive element with respect to the mesh (shown in Fig. 11A), and
aligning the at least one perforation of the second adhesive element with respect to the mesh (inherent that the second 1101 must also be aligned similar to how the first 1101 is in Fig. 11A in order to obtain the result of Fig. 13B where the 1301’s are aligned).
Regarding claim 9, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1, and Killion541 discloses wherein the mesh, the first adhesive element, and the second adhesive element are obtained as a part of a mesh sheet, a part of a first adhesive sheet, and a part of a second adhesive sheet, respectively (see Fig. 11 and ¶ 0050).
Regarding claim 10, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 9, and Killion541 discloses wherein the act of arranging comprises arranging the first adhesive sheet and the second adhesive sheet on opposite surfaces of the mesh sheet to obtain the filter assembly (¶ 0050).
Regarding claim 11, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1, and Killion541 discloses further comprising cutting the filter device into one or more cut-out filter devices subsequent to the act of applying the force (Fig. 11B and ¶ 0047: “peel, stick and punch process” indicates that the cutting (i.e. punch) is performed subsequent to applying the force (i.e. stick, which in light of Yoneda involves pressing (i.e. force) as already discussed in the claim 1 rejection)).
The teachings of Yoneda relied upon above are combinable with Killion541-Yoneda-Ibuki-Dateki for the same reasons set forth above in the claim 1 rejection.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killion541 in view of Yoneda in view of Ibuki in view of Dateki in view of Donta et al. (US 2012/0234252).
Regarding claim 14, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1, and Killion541 discloses wherein the first adhesive element is a double-sided tape having opposite surfaces (¶ 0050) peeling prior to arranging (sticking) the first adhesive element on one of the opposite surfaces of the mesh (¶ 0047: “peel” before “stick”).
Killion541 does not explicitly disclose what is peeled, and thus Killion541-Yoneda-Ibuki-Dateki is not relied upon to disclose wherein the first adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the first adhesive element on one of the opposite surfaces of the mesh.
In a similar field of endeavor, Donta discloses wherein the first adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the first adhesive element on a surface (¶ 0068).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the first adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the first adhesive element on one of the opposite surfaces of the mesh, the motivation being to prevent the adhesive from being adhered to another object until it is ready to be adhered (Donta - ¶ 0068).
Regarding claim 15, Killion541-Yoneda-Ibuki-Dateki discloses the method of claim 1, and Killion541 discloses wherein the second adhesive element is a double-sided tape having opposite surfaces (¶ 0050) wherein the method further comprises peeling prior to arranging (sticking) the second adhesive element on one of the opposite surfaces of the mesh (¶ 0047: “peel” before “stick”).
Killion541 does not explicitly disclose what is peeled, and thus Killion541-Yoneda-Ibuki-Dateki is not relied upon to disclose wherein the second adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the second adhesive element on one of the opposite surfaces of the mesh.
In a similar field of endeavor, Donta discloses wherein the second adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the second adhesive element on a surface (¶ 0068).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the second adhesive element is a double-sided tape having opposite surfaces that are coupled respectively to two layers of protective sheets, and wherein the method further comprises removing at least one of the protective sheets from the double-sided tape prior to arranging the second adhesive element on one of the opposite surfaces of the mesh, the motivation being to prevent the adhesive from being adhered to another object until it is ready to be adhered (Donta - ¶ 0068).
Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killion541 in view of Yoneda.
Regarding claim 16, Killion541 discloses a filter device for a hearing device, the filter device comprising:
a mesh (1303) comprising a first portion (Figs. 13A/B: portion of 1303 not covered by the 1301’s) and a second portion (Figs. 13A/B: portion of 1303 covered by the 1301’s), the second portion surrounding the first portion (see Fig. 13A);
a first adhesive element (Fig. 13B: 1301 on the right); and
a second adhesive element (Fig. 13B: 1301 on the left);
wherein the first adhesive element and the second adhesive element are on opposite surfaces of the second portion of the mesh (see Fig. 13B);
wherein the first adhesive element, the second adhesive element, and the second portion of the mesh form a closed portion of the filter device (Fig. 13B: the 1301’s close the mesh 1303 by covering it),
wherein the open portion of the filter device is configured to allow sound passing/travelling through the mesh (¶ 0011), and wherein the closed portion of the filter device is a sound barrier (has no holes for sound to pass through, and thus will inherently act as a sound barrier).
Killion541 is not relied upon to disclose wherein adhesive from the first adhesive element and the second adhesive element are in one or more openings at the second portion of the mesh and extends between the opposite surfaces of the second portion of the mesh.
In a similar field of endeavor of bonding adhesive to mesh, Yoneda discloses attaining high bondability of adhesive of double-sided tape to mesh (¶ 0085, 0067) by pressing the adhesive to the mesh (¶ 0062: pressed and bonded to mesh 103) such that the adhesive enters in one or more openings of the mesh such that the adhesive extends between the opposite surfaces of the mesh (¶ 0028, 0067, 0085 and see Figs. 3-6 which each show adhesive 12 extending to between upper and lower surfaces of 103).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
attach the first adhesive element (of Killion541) to the mesh (of Killion541) by pressing the adhesive of the first adhesive element to the mesh such that the adhesive enters in one or more openings of the mesh such that the adhesive extends between the opposite surfaces of the mesh, and
attach the second adhesive element (of Killion541) to the mesh (of Killion541) by pressing the adhesive of the second adhesive element to the mesh such that the adhesive enters in one or more openings of the mesh such that the adhesive extends between the opposite surfaces of the mesh,
which would result in: wherein adhesive from the first adhesive element and the second adhesive element are in one or more openings at the second portion of the mesh and extends between the opposite surfaces of the second portion of the mesh,
the motivation being to attain high bondability since bonding is to the mesh wires not linearly but peripherally by wrapping each wire when the tape is bonded (Yoneda - ¶ 0085, 0067).
Regarding claim 17, Killion541-Yoneda discloses the filter device of claim 16, wherein at least a part of the first adhesive element and/or at least a part of the second adhesive element is in the second portion of the mesh (see claim 16 rejection).
The teachings of Yoneda relied upon above are combinable with Killion541-Yoneda for the same reasons set forth above in the claim 16 rejection.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killion541 in view of Yoneda in view of Killion et al. (US 6151399) hereinafter Killion399.
Regarding claim 18, Killion541-Yoneda discloses the filter device of claim 16, and Killion541 discloses a hearing device (¶ 0032) comprising the filter device of claim 16 (see claim 16 rejection),
Killion541-Yoneda is not relied upon to disclose the hearing device comprising a sealing element.
In a similar field of endeavor, Killion399 discloses a hearing device (Abstract) comprising a filter (340) and a sealing element (342) (Fig. 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: a hearing device comprising the filter device of claim 16, and a sealing element, the motivation being to provide a seal around a sound opening of a microphone (Killion399 - detx47, col. 11, lines 50-65) to reduce the amount of sound entering the sound opening via paths other than the desired sound inlet passage (Killion399 - detx52, col. 12, lines 48-56).
Regarding claim 19, Killion541-Yoneda-Killion399 discloses the hearing device of claim 18.
Additionally, Killion399 discloses wherein the sealing element (342) is between the filter device (340) and a component (microphone 315) of the hearing device (Fig. 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to: wherein the sealing element is between the filter device and a component of the hearing device, the motivation being to provide a seal around a sound opening of a microphone (Killion399 - detx47, col. 11, lines 50-65) to reduce the amount of sound entering the sound opening via paths other than the desired sound inlet passage (Killion399 - detx52, col. 12, lines 48-56).
Regarding claim 20, Killion541-Yoneda discloses the filter device of claim 16, and Killion541 discloses a method of assembling a hearing device, the method comprising:
obtaining the filter device of claim 16 (see claim 16 rejection);
Killion541-Yoneda is not relied upon to disclose:
obtaining a sealing element, a housing comprising an opening, and a microphone,
arranging the filter device between the microphone and the housing at the opening of the housing, such that the open portion of the filter device is aligned with the opening of the housing, and
arranging at least a part of the sealing element between the filter device and a component of the hearing device.
In a similar field of endeavor, Killion399 discloses
obtaining a filter device (340) (Fig. 15);
obtaining a sealing element (342), a housing (303) comprising an opening (344), and a microphone (315) (Figs. 14-15),
arranging the filter device between the microphone and the housing at the opening of the housing (see Fig. 15), such that the open portion of the filter device is aligned with the opening of the housing (see Fig. 15), and
arranging at least a part of the sealing element between the filter device and a component (315) of the hearing device (Fig. 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
obtaining a sealing element, a housing comprising an opening, and a microphone,
arranging the filter device between the microphone and the housing at the opening of the housing, such that the open portion of the filter device is aligned with the opening of the housing, and
arranging at least a part of the sealing element between the filter device and a component of the hearing device,
the motivation being to provide a seal around a sound opening of a microphone (Killion399 - detx47, col. 11, lines 50-65) to reduce the amount of sound entering the sound opening via paths other than the desired sound inlet passage (Killion399 - detx52, col. 12, lines 48-56).
Response to Arguments
Applicant's arguments filed 3/18/2026 have been fully considered but they are not persuasive.
Applicant argues (Remarks: pages 8-9) that:
“Thus, the above cited passages of Yoneda actually disclose adhesive from adhesive layer 12 entering into openings of a mesh 103 from only one side of the mesh 103. Yoneda does not disclose or suggest adhesive from two adhesive layers on opposite sides of the mesh 103 entering into the openings of the mesh 103.
More importantly, Applicant respectfully notes that it would not be obvious, nor would it be reasonable, to modify the teaching of Yoneda so that adhesive from adhesive layers enter the openings of the mesh 103 from opposite sides of the mesh 103. This is because the teaching of Yoneda is directed to a wig having hair 102 connected to one side of the mesh 103, while adhesive from the adhesive layer 12 enters into the mesh 103 from only the opposite side (see figure 7 of Yoneda reproduced below). Therefore, it would not be reasonable to implement another adhesive layer on the side of the hair 102, nor would it be possible to press adhesive from an additional adhesive layer on the side of the hair 102 into the openings of the mesh 103 (as the hair 102 would interfere and would prevent implementation of, an additional adhesive layer).”
In response, the examiner submits that Yoneda is not relied upon to disclose applying adhesive to the two opposite sides of a mesh. Rather, Yoneda is relied upon to disclose a way to apply adhesive to a mesh to attain high bondability, which is by applying the adhesive such that it peripherally wraps the wire of the mesh and thus enters the openings of the mesh and extends between the opposite surface of the mesh. Killion541 already teaches applying adhesive to the two opposite sides of the mesh. Thus the combination of Killion541’s applying adhesive to both sides of a mesh and Yoneda’s way of applying adhesive to mesh for high bondability results in applying adhesive to both sides of the mesh as taught by Killion541, each using the way of Yoneda so as to achieve high bondability for both applications of adhesive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK FISCHER whose telephone number is (571)270-3549. The examiner can normally be reached Mon-Fri 1-6, 7:30-11:59pm EST.
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/MARK FISCHER/Primary Examiner, Art Unit 2692
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