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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 20, 2025 is being considered by the examiner.
Claim Objections
Claim 6 is objected to because of the following informalities:
As per claim 6, applicant claims for “the vibration generator is configured to deliver vibrations to a device upon wearer's fingertip contacting the vibration generator.” It is the “ear-wearable device”? If so, claim 6 should be read as ---- the vibration generator is configured to deliver vibrations to the ear-wearable device upon wearer's fingertip contacting the vibration generator.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-20 and 23-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 1, applicant claimed for “a microphone” but has not include the function and how it used to tie with the rest of the other devices to operate as a whole. Thus, applicant is required to add the functional language for the “microphone”.
As per claim 6, applicant is required to clarify what intended for “wherein the vibration generator is configured to deliver vibrations to a device wearer's fingertip contacting the vibration generator.”? It seems the vibration generator being configured to deliver vibrations to the device upon wearer's fingertip contacting the touch sensor.
As per claim 11, applicant is required to clarify where is “a detected magnitude of device touching pressure” coming from?
Claim 12 recites the limitation "the group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
As per claims 16-17, refer to claim 1 above.
As per claims 18-19, applicant is required to clarify how the ear-wearable device
being configured to generate vibrations using the vibration generator when postural instability exceeds a threshold value? Where is the postural coming from?
Claim 19 recites the limitation "the group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 and 4-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husung et al. (US 2018/0199140) in view of Peterson et al. (US 10,484,793).
As per claim 1, Husung et al. disclose an ear-wearable (hearing) device (1, figures 1-3) comprising:
a control circuit (processing unit, 8, paragraph 0037);
a microphone (6), wherein the microphone is in electrical communication with the control circuit paragraph 0037); and
a sensor package (18, 20), the sensor package comprising a touch sensor (paragraphs 0038 and 0041);
wherein the sensor package is in electrical communication with the control circuit (figures 1-3);
a loud speaker (10), wherein the loud speaker being in electrical communication with the control circuit (figures 1-3, paragraphs 0040-0042);
wherein the ear-wearable device is configured to
evaluate signals from the touch sensor to detect device touching; and
generate sounds using the loud speaker when device touching is detected.
Husung et al. fail to disclose a vibration generator that generates vibrations when the device being touched. Peterson et al. disclose an electronic device (10, figures 1-3) comprises a control circuitry (20) and input/output devices (22), wherein the input-output devices (22) include vibrators configured to deliver vibrations upon sensing wearer's fingertip contacting surface (30, see abstract and col. 4, lines 6-55 and col. 5, lines 44-67 and col. 11, line 58 through col. 12, line 13). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize the vibrator as taught by Peterson et al. in a system as disclosed by Husung et al. for the purpose of generating vibrations to the wearer upon detecting a wearer’s input (hand gestures).
As per claim 4, Husung et al. further disclose an external housing (4, figures 1-3), paragraphs 0038 and 0041);
wherein the touch sensor (18, 20) being disposed on the external housing; and
wherein the loud speaker (10) being disposed on the external housing.
As per claim 5, Husung et al. disclose the loud speaker (10) and the touch sensor (18, 20) being co-located on the external housing (4, paragraphs 0038 and 0041).
As per claim 6, Husung et al. disclose the instant claimed invention except for the vibration generator is configured to deliver vibrations to the device upon wearer's fingertip contacting the vibration generator. Peterson et al. disclose an electronic device (10, figures 1-3) comprises a control circuitry (20) and input/output devices (22), wherein the audio components (24) configured to deliver vibrations/audio upon sensing wearer's fingertip contacting the device (see abstract and col. 4, lines 6-55 and col. 5, lines 44-67 and col. 11, line 58 through col. 12, line 13). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize the device as taught by Peterson et al. in a system as disclosed by Husung et al. for the purpose of controlling/adjust the audio output upon receiving multi finger’s gesture input from the user.
As per claim 7, Peterson et al. disclose the vibration generator being configured to deliver vibrations to a device wearer's external ear (figure 2).
As per claim 8, refer to claim 1 above, Peterson et al. disclose the ear-wearable device (10) configured to evaluate signals from the touch sensor (30) and generate the vibrations when a predetermined touch pattern (finger grip pattern) is detected (col. 10, lines 4-35).
As per claims 9-10, Husung et al., as modified, fail to disclose the vibrations have a frequency of 60 HZ to 1000 HZ or 150 HZ to 350 HZ. Since Peterson et al. disclose the vibration generator to provide output to the user, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize the vibrations having the frequency of 60 HZ to 1000 HZ or 150 HZ to 350 HZ for the purpose of providing a human perceptible because it is safe to apply to the human being.
As per claims 13-14. Peterson et al. disclose the vibration generator being
a piezoelectric vibration generator (and an electromagnetic vibration generator (figure 11).
As per claim 15, Husung et al. disclose the ear-wearable device being a custom hearing aid (figures 1-3).
As per claims 16-17 and 20-24, refer claims 1 and 4-10 and 13-15 above.
Conclusion
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/TAI T NGUYEN/Primary Examiner, Art Unit 2685 June 24, 2026
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