Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 54 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim recites “temple tip structure,” which is defined as “A temple tip is the soft covering or specifically molded end piece of the arm (known as the temple arm) of an eyeglass frame” to a one skilled in the relevant art. The specification does not disclose any structure of an eyeglass frame and it does not define a temple tip structure. Therefore, one skilled in the relevant art believes that the specification does not comply with the written description requirement and does not possess the claimed invention.
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 50-51 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.
Claim 50-51 are rejected because they recite the limitation "the vertical direction." There is insufficient antecedent basis for this limitation in the claim. There was no prior recitation of any vertical direction, nor was there further limitation defining the vertical direction. For example, the vertical direction relative to the vibration transfer apparatus will differ depending on the posture or position of the user wearing the device.
Claim 61 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the part of the auricle in relation to the second vibrator to define “at least partially indirectly supports the second vibrator on the head of the human.” It is unclear how the auricle partially and indirectly supports the second vibrator, and how the structure of the second vibrator allows the auricle to “partially indirectly supports.”
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 41-49, 52-54, 56-60 and 62-65 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Westerkull (US 2007/0053536) in view of BHM (DE 20 2008 005 389) in further view of Tamura (US 2008/0107290).
Regarding claim 41, Westerkull teaches a device, comprising: a housing including an arcuate surface (Westerkull figures 1-2, housing 510 and 610 has arcuate corners, housing 610 has a curved outer surface which can be considered an arcuate surface); an actuator (Westerkull figure 1, vibrator 502); and a vibration transfer surface (Westerkull figure 1, skin contact pressure plate 538) separate from the housing (Westerkull figure 1, and ¶0030 “The vibrations from the integrated vibrator 502 are transmitted to the skin contact pressure plate 538 and then through the skin 504 of the skull bone 506 to the implanted unit 530”), wherein the housing supports the actuator (Westerkull figure 1, vibrator 502 is supported within housing 510), the actuator is in vibrational communication with the vibration transfer surface (Westerkull figure 1, and ¶0030 “The vibrations from the integrated vibrator 502 are transmitted to the skin contact pressure plate 538 and then through the skin 504 of the skull bone 506 to the implanted unit 530”), and at least a portion of the arcuate surface faces away from a front of the head of the human (Westerkull figure 2, the outer curved surface of housing 610, is facing away from skin 604), and the device is a bone conduction device (Westerkull Claim 1, “A hearing aid system for generating bone conduction vibrations”), however does not explicitly teach the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin overlying a mastoid bone of the human and at least a portion of the vibration transfer surface is located behind an ear canal of the human.
BHM teaches the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin overlying a mastoid bone of the human and at least a portion of the vibration transfer surface is located behind an ear canal of the human (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of BHM to improve the known device of Westerkull to achieve the predictable result more freedom with vibration device placement (BHM ¶0019).
Tamura further teaches a housing including an arcuate surface and at least a portion of the arcuate surface faces away from a front of the head of the human (Tamura figures 10-11, and ¶0072-0073, ear hook 1-9 with bone conduction acoustic vibration generating element 1-1 ), the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin overlying a mastoid bone of the human (Tamura figures 10-11).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Tamura to improve the known device of Westerkull in view of BHM to achieve the predictable result of achieving a preferred shape for optimized comfort while wearing a hearing device.
Regarding claim 42, Westerkull in view of BHM in further view of Tamura teaches the device is a behind-the-ear device (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Regarding claim 43, Westerkull in view of BHM in further view of Tamura teaches a portion of the arcuate surface has a tangent line where a vector normal thereto has a
component pointing upward and a component pointing rearward relative to the head of the
human when worn on the head of the human (Tamura figures 10-11, ear hook 1-9).
Regarding claim 44, Westerkull in view of BHM in further view of Tamura teaches a portion of the arcuate surface, when worn on the head of the human, extends from behind the ear canal to in front of the ear canal (Tamura figures 10-11, ear hook 1-9).
Regarding claim 45, Westerkull in view of BHM in further view of Tamura teaches the housing is a spine that is curved to interface with the human anatomy at the location of the auricle (Tamura figures 10-11, ear hook 1-9).
Regarding claim 46, Westerkull in view of BHM in further view of Tamura teaches the vibration transfer surface extends further away from the device than any portion of
the housing (Westerkull figure 2, skin contact pressure plate 638 extends furthest in one direction with BRI).
Regarding claim 47, Westerkull in view of BHM in further view of Tamura teaches the vibration transfer surface is part of a first component (Westerkull figure 2, skin contact pressure plate 638); a second component supports the first component away from the housing (Westerkull figure 2, and ¶0032, “a vibrator plate 618 that is connected to a skin contact pressure plate 638”); and the first component is a separate component from the housing (Westerkull figure 2, and ¶0032, skin contact pressure plate 638 is separate from housing 610).
Regarding claim 48, Westerkull in view of BHM in further view of Tamura teaches a second vibration transfer surface separate from the housing located opposite the vibration transfer surface (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Regarding claim 49, Westerkull teaches A device, comprising:
a housing (Westerkull figures 1-2, housing 510 and 610);
an actuator (Westerkull figure 1, vibrator 502); and
a vibration transfer apparatus having a head facing surface extending generally in a same direction as a longitudinal direction of the housing and proud of outer surfaces of the housing (Westerkull figure 1, skin contact pressure plate 538 and housing 510 extends vertically in the figure, while plate 538 is further protruded from housing 510),
and the device is a bone conduction device (Westerkull Claim 1, “A hearing aid system for generating bone conduction vibrations”), however does not explicitly teach wherein the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin facing the auricle of the human.
BHM teaches wherein the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin facing the auricle of the human (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of BHM to improve the known device of Westerkull to achieve the predictable result of direct and efficient transmission of vibrations to the inner ear through a stable and bony surface such as the mastoid.
Tamura further teaches wherein the device is configured so that when the device is worn on a head of a human, at least a portion of the housing is located between an auricle of the human and skin facing the auricle of the human (Tamura figures 10-11, and ¶0072-0073, ear hook 1-9 with bone conduction acoustic vibration generating element 1-1 ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Tamura to improve the known device of Westerkull in view of BHM to achieve the predictable result of achieving a preferred shape for optimized comfort while wearing a hearing device.
Regarding claim 52, Westerkull in view of BHM in further view of Tamura teaches the vibration transfer apparatus is located outside sidewalls of the housing (Westerkull figure 1, skin contact pressure plate 538 and housing 510 extends vertically in the figure, while plate 538 is further protruded from housing 510).
Regarding claim 53, Westerkull in view of BHM in further view of Tamura teaches the housing is part of an apparatus that includes an outer profile that extends from in front of the auricle to behind the ear canal, the outer profile having a portion facing skin where the auricle joins the rest of the human head when the device is worn on the head of the human, the outer profile extending upward from a location behind the front of the auricle over an upper surface of the auricle and then extending downward at a location in front of the auricle (Tamura figures 10-11, and ¶0072-0073, ear hook 1-9 surrounds the upper half of the auricle).
Regarding claim 54, Westerkull in view of BHM in further view of Tamura teaches wherein: the housing is a temple tip structure (Tamura figures 10-11, and ¶0072-0073, ear hook 1-9 surrounding the upper half of the auricle can be considered a temple tip structure and BHM ¶0006, “vibration devices into eyeglasses or into the temple of the eyeglasses which ends at the mastoid in position of use”).
Regarding claim 56, Westerkull teaches A method, comprising: obtaining a bone conduction device (Westerkull ¶0006, “he bone conduction hearing aid system of the present invention”), the bone conduction device including a vibrator (Westerkull figure 1, vibrator 502) and a microphone (Westerkull figure 1, microphone 522); capturing ambient sound with the microphone (Westerkull figure 1, microphone 522); and generating vibrations with the vibrator to evoke a bone conduction hearing percept in the human based on the captured ambient sound (Westerkull figure 1 and ¶0031, “electromagnetic vibrator that has a magnetic generating component 511 that comprise a bobbin 512 and a coil 514. The coil 514 generates an alternating magnetic field 516 that is marked with a dotted line in FIG. 1. The alternating magnetic field 516 goes through the bobbin 512 and over to the vibrator plate 518 via an air gap 519. The vibrator plate 518 oscillates in relation to the bobbin 512. An amplifier 520 amplifies the electrical signal from a microphone 522 before the electric signal goes into the coil 514”), wherein the vibrations are imparted by the device to the human at a location outside a main body of the device to skin of the human (Westerkull figure 1 and ¶0030, “506 by a fixation portion 526. This magnetic interaction presses the skin contact pressure plate 538 against the skin 504. The vibrations from the integrated vibrator 502 are transmitted to the skin contact pressure plate 538 and then through the skin 504 of the skull bone 506 to the implanted unit 530”), however does not explicitly teach placing a portion of the device between an auricle of a human and a skull of the human so that the device extends from between the auricle and the skull over a top of the auricle and then forward, relative to direction of the human, to a location forward of the auricle; wherein the vibrations are imparted by the device to the human at a location outside a main body of the device to skin overlying a mastoid bone of the human.
BHM teaches placing a portion of the device between an auricle of a human and a skull of the human so that the device extends from between the auricle and the skull
wherein the vibrations are imparted by the device to the human at skin overlying a mastoid bone of the human (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of BHM to improve the known device of Westerkull to achieve the predictable result of direct and efficient transmission of vibrations to the inner ear through a stable and bony surface such as the mastoid.
Tamura teaches placing a portion of the device between an auricle of a human and a skull of the human so that the device extends from between the auricle and the skull over a top of the auricle and then forward, relative to direction of the human, to a location forward of the auricle (Tamura figures 10-11, and ¶0072-0073, ear hook 1-9 with bone conduction acoustic vibration generating element 1-1 ); wherein the vibrations are imparted by the device to skin overlying a mastoid bone of the human (Tamura figures 10-11).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Tamura to improve the known device of Westerkull in view of BHM to achieve the predictable result of achieving a preferred shape for optimized comfort while wearing a hearing device.
Regarding claim 57, Westerkull in view of BHM in further view of Tamura teaches wherein:the vibrations travel to a skin interface portion of the device in vibrational communication with the vibrator (Westerkull figure 1 and ¶0030, “506 by a fixation portion 526. This magnetic interaction presses the skin contact pressure plate 538 against the skin 504. The vibrations from the integrated vibrator 502 are transmitted to the skin contact pressure plate 538 and then through the skin 504 of the skull bone 506 to the implanted unit 530”), wherein the skin interface portion is in contact with the skin overlying the mastoid bone of the human (Tamura figures 10-11), thereby transferring vibrations from the device to the human (Westerkull figure 1 and ¶0030, “through the skin 504 of the skull bone 506 to the implanted unit 530”); and the skin interface portion is supported away from the main body of the device by a component attached to the main body of the device (Westerkull figure 1, skin contact pressure plate 538 and housing 510 extends vertically in the figure, while plate 538 is further protruded from housing 510).
Regarding claim 58, Westerkull in view of BHM in further view of Tamura teaches wherein:the device includes a housing (Westerkull figures 1-2, housing 510 and 610), the portion of the device between the auricle and the skin overlying the mastoid bone includes the housing (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”); the vibrator is located within the housing (Westerkull figure 1, vibrator 502); and method includes transferring the vibrations from the vibrator from inside the housing to outside the housing via a coupling (Westerkull ¶0030, “Preferably, the vibrator 502 has a vibrator plate 518 that is connected to a skin contact pressure plate 538 via a connector segment”) and then into a body located outside the housing, the body and sidewalls of the housing being separate components (Westerkull figure 1 and ¶0030, “The vibrations from the integrated vibrator 502 are transmitted to the skin contact pressure plate 538 and then through the skin 504 of the skull bone 506 to the implanted unit 530”).
Regarding claim 59, Westerkull in view of BHM in further view of Tamura teaches wherein:the main body of the device includes the portion of the device between the auricle and the skull of the human (Tamura figures 10-11, earhook 1-9); and the vibrator is located in the main body (Westerkull figure 1 and ¶0030, vibrator 502).
Regarding claim 60, Westerkull in view of BHM in further view of Tamura teaches a first component of the bone conduction device separate from the main body and supported by the main body is interposed between the main body and the location outside the main body (Westerkull figure 2, components connecting vibrator plate 618 and plate 638); and a second component of the bone conduction device separate from the main body and from the first component is supported by the first component, the second component directly interfacing with the skin (Westerkull figure 2, plate 638) overlying the mastoid bone of the human (Tamura figures 10-11, earhook 1-9).
Regarding claim 62, Westerkull in view of BHM in further view of Tamura teaches there is static pressure on the skin at the location due to the device (Westerkull ¶0030, “The skin contact pressure plate 538 is magnetic so that it is magnetically attracted to a magnetic portion 540 of an implanted unit 530 that is anchored in the skull bone 506 by a fixation portion 526. This magnetic interaction presses the skin contact pressure plate 538 against the skin 504”).
Regarding claim 63, Westerkull in view of BHM in further view of Tamura teaches a dynamic pressure resulting from the transfer of the vibrations from the device to the skin of the recipient at the location is about equal to or greater than the static pressure at the location caused by the device (Westerkull ¶0030, “The skin contact pressure plate 538 is magnetic so that it is magnetically attracted to a magnetic portion 540 of an implanted unit 530 that is anchored in the skull bone 506 by a fixation portion 526. This magnetic interaction presses the skin contact pressure plate 538 against the skin 504,” the pressure from the magnetic attraction remains when the vibration from the vibrator 502 happens, which would be additional pressure in addition to the existing pressure from magnetic attraction).
Regarding claim 64, Westerkull in view of BHM in further view of Tamura teaches the device is supported on the head of the human beyond that which results from interface of the device with the auricle of the human (Westerkull ¶0030, “The skin contact pressure plate 538 is magnetic so that it is magnetically attracted to a magnetic portion 540 of an implanted unit 530 that is anchored in the skull bone 506 by a fixation portion 526. This magnetic interaction presses the skin contact pressure plate 538 against the skin 504”).
Regarding claim 65, Westerkull in view of BHM in further view of Tamura teaches outputting vibrations based on the ambient sound (BHM ¶0050) at two separate and opposite locations of the device (BHM figures 7-8 and ¶0049, “vibration elements 3a-3b…positioned on the mastoid (petrous bone, lat. os mastoidius) located behind the ear”).
Claim 50-51 and 55 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Westerkull (US 2007/0053536) in view of BHM (DE 20 2008 005 389) in further view of Tamura (US 2008/0107290) in further view of Parker (US 2009/0248155).
Regarding claim 50, Westerkull in view of BHM in further view of Tamura does not explicitly teach with respect to the vertical direction, the vibration transfer apparatus extends a distance less than half the distance that the housing extends.
Parker teaches with respect to the vertical direction, the vibration transfer apparatus extends a distance less than half the distance that the housing extends (Parker figure 5A, the longitudinal length of external magnets 508A and 508B is less than half the longitudinal length of housing 525).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Parker to improve the known device of Westerkull in view of BHM in further view of Tamura to achieve the predictable result of adapting placement of the vibration transfer apparatus to the shape of the user’s head.
Regarding claim 51, Westerkull in view of BHM in further view of Tamura in further view of Parker teaches the device is configured so that when the device is worn on the head of the human, the head facing surface of the vibration transfer apparatus extends at an oblique angle relative to the vertical direction (Parker figure 5A and ¶0059, “perpendicular force 570A is transmitted from external magnet 508A to implanted magnet 562A and perpendicular force 570B is transmitted from external magnet 508B to implanted magnet 562B.” Magnets 508A and 508B are Oblique relative to the vertical direction).
Regarding claim 55, Westerkull in view of BHM in further view of Tamura in further view of Parker teaches the vibration transfer apparatus has at least two components outside the housing (Parker figure 5A, external magnets 508a and 508b).
Claim 61 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Westerkull (US 2007/0053536) in view of BHM (DE 20 2008 005 389) in further view of Tamura (US 2008/0107290) in further view of Kim (US 2008/0112581).
Regarding claim 61, Westerkull in view of BHM in further view of Tamura teaches evoking a second bone conduction hearing percept in the human based on the ambient sound (Westerkull figure 1, microphone 522), however, does not explicitly teach wherein:the method includes placing a second vibrator on a head of the human on an opposite side of the head from that of the vibrator, wherein a second auricle of the human on the opposite side of the head at least partially indirectly supports the second vibrator on the head of the human, generating vibrations with the second vibrator to evoke a second bone conduction hearing percept in the human based on the ambient sound, wherein the vibrations are imparted from the second vibrator to the human at a second location overlying the second mastoid bone of the human.
Kim teaches wherein:the method includes placing a second vibrator on a head of the human on an opposite side of the head from that of the vibrator (Kim figures 1-2, left and right vibrating piece 6), wherein a second auricle of the human on the opposite side of the head at least partially indirectly supports the second vibrator on the head of the human (Kim figure 1 and ¶0056, “A hook-shaped hanging piece (5) is attached to the earphone piece (4) in order to secure and to prevent it from falling off”), generating vibrations with the second vibrator to evoke a second bone conduction hearing percept in the human (Kim figure 1 and ¶0057, “the vibrator (6) which has a piezoelectric element. The piezoelectric element converts the electric sound signals to bone conduction signals by way of generating vibration. The electric sound signals have to pass a low filter unit (9) before they reach the piezoelectric element in the vibrator. The low filter unit allows the only desirable low frequency waves to pass and reach the piezoelectric element. Depending on the user's preference, the cut-off threshold of filtering is adjusted by an adjusting device installed in the low filter unit (9). The user not only feels the vibration but also hear much lower frequency sounds by way of bone conduction”), wherein the vibrations are imparted from the second vibrator to the human at a second location overlying the second mastoid bone of the human (Kim figure 1 and ¶0056, “A vibrating piece (6) is attached in the end of the hanging piece (5), and it is naturally placed on the mastoid bone (7) located just behind the ear”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Kim to improve the known method of Westerkull in view of BHM in further view of Tamura to achieve the predictable result of enhanced bass effects (Kim ¶0061-0062).
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693