DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-9, 13-14, 16-17, 19 & 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marie De Chastenay, WO 2022243489 A1.
Re Claim 1, Marie De Chastenay discloses a bone-conductive audio system (fig. 2a; para 0055: bone conduction device), comprising: at least one head-worn hearing enhancement apparatus comprises at least one microphone in front of the outer ear generally picking up sound in a forward outward direction and at least one microphone behind the outer ear picking up sound in a more rearward outward direction (fig. 2b: microphone 30 included in the outer ear portion of the device as illustrated in fig. 2a: closer to first bone conduction 22; paras 0055-0059: the device 21 also includes a second bone conduction device 23 located in the front ear portion as illustrated in fig. 2a with the first bone conduction device 22 including microphone 30, microprocessor 32 and battery 27 along with its duplicates located closer to second bone conduction device 23; wherein the first bone conduction device 22 microphone is able to pick up sounds from rear of user’s ear and the second bone conduction device 23 microphone is able to pick up sounds from front of user’s ear as emphasized with microphones 10 & 10’ in para 0050); first and second amplified vibration transducers that interact with the at least one microphone in front of the outer ear and the at least one microphone behind the outer ear, the first and second amplified vibration transducers being drawn toward audio conductive bones (fig. 2a: bone conduction devices 22 & 23; paras 0055-0059: transducers 33 & 33’ output first vibrations 34 and second vibrations 35 from the front facing and rear facing microphones spatial locations; wherein since the device is a bone conduction device for hearing aids, it naturally includes an amplifier(to amplify the vibrations) because hearing aids include amplifiers as a core component); wherein placement of the at least one microphone in front of the outer ear and the at least one microphone behind the outer ear feeds the naturally captured discrete audio signals, front and rear, captured in a physical location on the head to the first and second amplified vibration transducers to create organically recognizable audio spatiality (fig. 2a: bone conduction devices 22 & 23; paras 0055-0059: transducers 33 & 33’ output first vibrations 34 and second vibrations 35 from the front facing and rear facing microphones spatial locations; wherein since the device is a bone conduction device for hearing aids, it naturally includes an amplifier(to amplify the vibrations) because hearing aids include amplifiers as a core component).
Re Claim 6, Marie De Chastenay discloses the bone-conductive audio system according to claim 1, wherein the at least one head-worn hearing enhancement apparatus includes an over the ear mounting frame (fig. 2a: device 21 is has an over the ear mounting frame as illustrated).
Re Claim 7, Marie De Chastenay discloses the bone-conductive audio system according to claim 6, wherein the over the ear mounting frame includes an arcuate central support member that is shaped and dimensioned for engagement between the helix of the ear and the area of the scalp adjacent the helix of the ear (fig. 2a: device 21 is has an over the ear mounting with an arcuate central support member shaped and dimensioned to engage between the helix of the ear and the area of the scalp adjacent the helix of the ear, wherein the front bone conduction device 23 is mounted on the first end of the arcuate central support member and the rear bone conduction device 22 is mounted on the posterior second end of the arcuate central support member as illustrated).
Re Claim 8, Marie De Chastenay discloses the bone-conductive audio system according to claim 7, wherein the arcuate central support member includes a first end adapted for positioning toward the front of the ear and a second end adapted for positioning toward the rear of the ear (fig. 2a: device 21 is has an over the ear mounting with an arcuate central support member shaped and dimensioned to engage between the helix of the ear and the area of the scalp adjacent the helix of the ear, wherein the front bone conduction device 23 is mounted on the first end of the arcuate central support member and the rear bone conduction device 22 is mounted on the posterior second end of the arcuate central support member as illustrated).
Re Claim 9, Marie De Chastenay discloses the bone-conductive audio system according to claim 8, wherein an anterior first housing member is coupled at the first end of the arcuate central support member and a posterior second housing member is coupled at the second end of the arcuate central support member (fig. 2a: device 21 is has an over the ear mounting with an arcuate central support member shaped and dimensioned to engage between the helix of the ear and the area of the scalp adjacent the helix of the ear, wherein the front bone conduction device 23 is mounted on the first end of the arcuate central support member and the rear bone conduction device 22 is mounted on the posterior second end of the arcuate central support member as illustrated).
Re Claim 13, Marie De Chastenay discloses the bone-conductive audio system according to claim 1, wherein the at least one microphone includes an array of microphones (fig. 2b: microphone 30 included in the outer ear portion of the device as illustrated in fig. 2a: closer to first bone conduction 22; paras 0055-0059: the device 21 also includes a second bone conduction device 23 located in the front ear portion as illustrated in fig. 2a with the first bone conduction device 22 including microphone 30, microprocessor 32 and battery 27 along with its duplicates located closer to second bone conduction device 23; wherein the first bone conduction device 22 microphone is able to pick up sounds from rear of user’s ear and the second bone conduction device 23 microphone is able to pick up sounds from front of user’s ear as emphasized with microphones 10 & 10’ in para 0050).
Re Claim 14, Marie De Chastenay discloses the bone-conductive audio system according to claim 1, wherein the at least one head-worn hearing enhancement apparatus includes a portable power source (paras 0058-0059: battery is read as the portable power source).
Re Claim 16, Marie De Chastenay discloses the bone-conductive audio system according to claim 1, wherein the at least one microphone captures live audio information and simultaneously plays back incoming multi-channel and multi-directional audio information over the first amplified vibration transducer and the second amplified vibration transducer, respectively, along the front and rear portions adjacent the ear (fig. 2a: bone conduction devices 22 & 23; paras 0055-0059: transducers 33 & 33’ output first vibrations 34 and second vibrations 35 from the front facing and rear facing microphones spatial locations; wherein since the device is a bone conduction device for hearing aids, it naturally includes an amplifier(to amplify the vibrations) because hearing aids include amplifiers as a core component).
Re Claim 17, Marie De Chastenay discloses the bone-conductive audio system according to claim 1, wherein the at least one head-worn hearing enhancement apparatus includes a battery, electronics, processing, and controls (para 0059: microprocessor 32, battery 27, microphone 30).
Claim 19 has been analyzed and rejected according to claim 1.
Claim 22 has been analyzed and rejected according to claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5, 10-12 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Marie De Chastenay, WO 2022243489 A1, as applied to claim 1 above, in view of Thomas, US Patent Pub. 20200396529 A1.
Re Claim 2, De Chastenay discloses the bone-conductive audio system according to claim 1, but fails to explicitly disclose wherein the at least one head-worn hearing enhancement apparatus includes a first head-worn hearing enhancement apparatus adapted for positioning adjacent to the left ear of the user and a second head-worn hearing enhancement apparatus is adapted for positioning adjacent to the right ear of the user. However, Thomas discloses a system that teaches the concept of a hearing aid (Thomas, para 0002: hearing aids) that includes vibrational transfer via bone conduction transducer behind and in front of the wearer’s ear (Thomas, para 0050); wherein the hearing aid includes left and right ear hearing aids (Thomas, figs. 1-2: illustrate left and right ear hearing aid mountings with mirror images of each other; fig. 3). It would have been obvious to modify the De Chastenay device such that its hearing aid includes left and right ear hearing aids as taught in Thomas for the purpose of including hearing compensation capabilities for both the left and right ears.
Re Claim 3, the combined teachings of De Chastenay and Thomas disclose the bone-conductive audio system according to claim 2, wherein the first and second head-worn hearing enhancement apparatuses are connected via a resilient biased band that is shaped and dimensioned for positioning about the head of the user (Thomas, fig. 3: headband 18; para 0064: headband can be adjusted to the size of the user’s head by retracting the headband from the tongue 110), wherein the resilient biased band draws the first and second head-worn hearing enhancement apparatuses toward each other such that the first and second amplified vibration transducers are drawn into contact with skin of the user in alignment with bone to which vibrations are transferred (Thomas, fig. 3: headband 18; para 0064: headband can be adjusted to the size of the user’s head by retracting the headband from the tongue 110).
Re Claim 4, the combined teachings of De Chastenay and Thomas disclose the bone-conductive audio system according to claim 2, wherein the second head-worn hearing enhancement apparatus is an approximate mirror image of the first head-worn hearing enhancement apparatus (Thomas, figs. 1-2: illustrate left and right ear hearing aid mountings with mirror images of each other; fig. 3).
Re Claim 5, the combined teachings of De Chastenay disclose the bone-conductive audio system according to claim 1, but fails to explicitly disclose wherein the first amplified vibration transducer is placed above the bone, superficial to the skin on the front of the ear such that the first amplified vibration transducer vibrates the area in front of the tragus and also vibrates on the front part of the temporal bone as well as simultaneously stimulating the tragus area nervous system (Thomas, figs. 1-2: illustrate left and right ear hearing aid mountings with mirror images of each other, where the bone conduction portions are placed in the front at the tragus area and at the rear portion at the mastoid bone as illustrated; fig. 3; para 0050: bone conduction vibration generating devices), and wherein the second amplified vibration transducer is placed behind the ear simultaneously stimulating the rear portion of the mastoid bone and the tactile nervous system towards the rear of the ear (Thomas, figs. 1-2: illustrate left and right ear hearing aid mountings with mirror images of each other, where the bone conduction portions are placed in the front at the tragus area and at the rear portion at the mastoid bone as illustrated; fig. 3; para 0050: bone conduction vibration generating devices). However, Thomas does. It would have been obvious to modify the De Chastenay device such that its front and rear bone conduction devices are placed on the tragus and the mastoid bones respectively as taught in Thomas for the purpose of optimizing vibrations via bone conduction.
Claim 10 has been analyzed and rejected according to claims 5 & 9.
Re Claim 11, the combined teachings of De Chastenay and Thomas disclose the bone-conductive audio system according to claim 10, wherein the at least one microphone includes an array of microphones placed on the perimeter of the over the ear mounting frame (De Chastenay, fig. 2b: microphone 30 included in the outer ear portion of the device as illustrated in fig. 2a: closer to first bone conduction 22; paras 0055-0059: the device 21 also includes a second bone conduction device 23 located in the front ear portion as illustrated in fig. 2a with the first bone conduction device 22 including microphone 30, microprocessor 32 and battery 27 along with its duplicates located closer to second bone conduction device 23; wherein the first bone conduction device 22 microphone is able to pick up sounds from rear of user’s ear and the second bone conduction device 23 microphone is able to pick up sounds from front of user’s ear as emphasized with microphones 10 & 10’ in para 0050).
Re Claim 12, the combined teachings of De Chastenay and Thomas disclose the bone-conductive audio system according to claim 11, wherein the array of microphones includes a first microphone mounted within the anterior first housing member such that the first microphone faces a predominantly forward direction (De Chastenay, fig. 2b: microphone 30 included in the outer ear portion of the device as illustrated in fig. 2a: closer to first bone conduction 22; paras 0055-0059: the device 21 also includes a second bone conduction device 23 located in the front ear portion as illustrated in fig. 2a with the first bone conduction device 22 including microphone 30, microprocessor 32 and battery 27 along with its duplicates located closer to second bone conduction device 23; wherein the first bone conduction device 22 microphone is able to pick up sounds from rear of user’s ear and the second bone conduction device 23 microphone is able to pick up sounds from front of user’s ear as emphasized with microphones 10 & 10’ in para 0050) and provides audio to the first amplified vibration transducer in the front of the ear (De Chastenay, fig. 2a: bone conduction devices 22 & 23; paras 0055-0059: transducers 33 & 33’ output first vibrations 34 and second vibrations 35 from the front facing and rear facing microphones spatial locations; wherein since the device is a bone conduction device for hearing aids, it naturally includes an amplifier(to amplify the vibrations) because hearing aids include amplifiers as a core component) and the array of microphones includes a second microphone mounted within the posterior second housing member such that the second microphone faces outward and away from the rear of the ear when the first head-worn hearing enhancement apparatus is in use (De Chastenay, fig. 2b: microphone 30 included in the outer ear portion of the device as illustrated in fig. 2a: closer to first bone conduction 22; paras 0055-0059: the device 21 also includes a second bone conduction device 23 located in the front ear portion as illustrated in fig. 2a with the first bone conduction device 22 including microphone 30, microprocessor 32 and battery 27 along with its duplicates located closer to second bone conduction device 23; wherein the first bone conduction device 22 microphone is able to pick up sounds from rear of user’s ear and the second bone conduction device 23 microphone is able to pick up sounds from front of user’s ear as emphasized with microphones 10 & 10’ in para 0050) and provides audio that is delivered to the second amplified vibration transducer in the rear of the ear (De Chastenay, fig. 2a: bone conduction devices 22 & 23; paras 0055-0059: transducers 33 & 33’ output first vibrations 34 and second vibrations 35 from the front facing and rear facing microphones spatial locations; wherein since the device is a bone conduction device for hearing aids, it naturally includes an amplifier(to amplify the vibrations) because hearing aids include amplifiers as a core component).
Re Claim 18, the combined teachings of De Chastenay disclose the bone-conductive audio system according to claim 1, but fails to explicitly disclose wherein magnets are integrated into the at least one head-worn hearing enhancement apparatuses such that they interact with subdermal bone-mounted magnets or metal plates to draw the at least one head-worn hearing enhancement apparatuses into contact with the skin of the user in alignment with the bone to which vibrations are transferred. However, Thomas discloses a system that teaches the concept of a hearing aid (Thomas, para 0002: hearing aids) that includes vibrational transfer via bone conduction transducer behind and in front of the wearer’s ear (Thomas, para 0050); wherein the hearing aid includes left and right ear hearing aids (Thomas, figs. 1-2: illustrate left and right ear hearing aid mountings with mirror images of each other; fig. 3) along with caps attached to the first and second earpieces via magnets (Thomas, para 0069). It would have been obvious to modify the De Chastenay device such that its hearing aid includes left and right ear hearing aids along with magnets as taught in Thomas for the purpose of utilizing fasteners that can also conduct electricity to power headset and transmit/receive signals.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over De Chastenay, WO 2022243489 A1.
Re Claim 15, the combined teachings of De Chastenay discloses the bone-conductive audio system according to claim 14, but fails to disclose wherein the power source is a rechargeable or replaceable battery. However, Official Notice is taken that both the concepts and advantages of utilizing a rechargeable or replaceable battery are well known. Since De Chastenay discloses its device includes batteries as its power source (paras 0058-0059: battery is read as the portable power source), it would have been obvious to include rechargeable or replaceable batteries within De Chastenay for the purpose of using rechargeable batteries to save battery costs and/or to be able to replace the batteries when necessary to optimize power.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Marie De Chastenay, WO 2022243489 A1, as applied to claim 19 above, in view of Suhami et al, US Patent 9036844 B1.
Re Claim 20, De Chastenay discloses the bone conductive audio system according to claim 19, but fails to disclose including an audio processor that delays the at least one secondary incoming audio signal by one to fifty milliseconds and send its time-delayed audio signal to the second vibration transducer to create recognizable spatial audio. However, Suhami et al discloses a hearing device with a plurality of microphones thereupon to pick up incoming audio signals that teaches the concept of delaying the audio signal of particular microphones accordingly (Suhami et al, col. 9, lines 22-37). It would have been obvious to modify the De Chastenay device such that its different microphones are delayed appropriately (i.e. fifty milliseconds if necessary) as taught in Suhami et al for the purpose of compensating for the different direction and time of arrivals of the picked-up sounds.
Re Claim 21, De Chastenay discloses the bone conductive audio system according to claim 19, but fails to disclose including an audio processor that increases the relative volume of audio frequencies between 1 kHz and 5 kHz of the at least one secondary incoming audio signal and sends its modified audio signal to the second vibration transducer to create a recognizable spatial audio. However, Suhami et al discloses a hearing device with a plurality of microphones thereupon to pick up incoming audio signals that teaches the concept of adjusting the volume of a frequency of a transducer loudspeaker, whereby the frequency could be the high frequency range of 1 kHz and 5 kHz (Suhami et al, col. 7, lines 49-58). It would have been obvious to modify the De Chastenay device such that the volumes of the transducer are adjusted according to the frequency (i.e. increasing volume of high frequencies) as taught in Suhami et al for the purpose of compensating for the different frequency ranges of the transducer.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 09/23/2025