Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This is in response to applicant's amendment which was filed on 4/13/2026 has been entered. Claim 47 has been amended. Claims 1-40, 46, 54, and 57 have been cancelled. Claims 66-69 have been added. Claims 41-45, 47-53, 55-56, 58-69 are still pending in this application, with claims 41, 49, 56 being independent.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 49, 52-53, 56, 58-60, 62-66, and 68-69 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 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 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 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”).
Regarding claim 66, Westerkull in view of BHM in further view of Tamura teaches the vibrator and the second vibrator are both electromagnetic vibrators (BHM ¶0049, “vibration device 3 has at least one electromagnetically actuated vibration element”
Regarding claim 68, Westerkull in view of BHM in further view of Tamura teaches wherein: the device is configured so that when the device is worn on the head of a human so that the at least a portion of the housing is located between an auricle of the human and skin facing the auricle of the human, at least a portion of the vibration transfer apparatus is located between the auricle of the human and the 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”).
Regarding claim 69, Westerkull in view of BHM in further view of Tamura teaches the housing has a major axis of extension (BHM figure 8, longitudinal direction of vibration elements 3a-3b), which major axis of extension subtends an angle less than that subtended by a semicircle (angle subtended by semicircle is 180 degrees, BHM figure 8, depending on a point of where the longitudinal direction of vibration elements 3a-3b subtends to, the subtended angle can be less than 90 degrees).
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).
Allowable Subject Matter
Claims 41-45,47-48,67 allowed.
Response to Arguments
Applicant's arguments filed 4/13/2026 have been fully considered but they are not persuasive. First as an initial matter, Applicant stated that a copy of the reference BHM was not received but only the translation was received. Examiner clearly sees the original copy of reference BHM (DE 20 2008 005 389) filed on 1/12/2026 as document type “Foreign Reference,” which is a separate file from the translation filed 1/12/2026 which is also document type Foreign Reference. However, Examiner appreciates applicant’s understanding on a potential missing document.
Regarding claims 49 and 56, Applicant argues on page 12 and 14-15 of Remarks that one would not modify reference Westerkull with reference BHM because:
“But controlling feature of Westerkull is the implanted magnet. One would have to also move the implanted magnet so that the magnet was "eclipsed" by the auricle when viewed from the side of the head. One is not going to do that. First it is too close to the ear canal. One does not excavate so closely to such if it is not necessary. Second, this would make using the device of Westerkull a nightmare, because now one would have to fit the thing between the auricle. Indeed, it would cause irritation because it would push the auricle forward. Also, vibrations would be transferred to the auricle. No one wants that at all”
Examiner respectfully disagrees. Westerkull also 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 facing the auricle of the human, and the device is a bone conduction device (Westerkull ¶0003, “The traditional bone conductor consists of a hearing aid with a vibrator that is pressed against the head behind the ear.” When the device is behind the ear, the housing is between the earlobe and the skin of the user’s head with BRI). So, in this scenario, there is no need to move the device of Westerkull since it is already behind the ear. However, since Westerkull does not explicitly show where behind the ear the device is mounted on the head, Examiner uses reference BHM to further teach that the mastoid bone is located behind the ear and that it is obvious and known in the art to implement a bone conduction vibrator on the mastoid bone . In response to applicant's argument that one wouldn’t move the components of Westerkull, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Examiner can modify the device of Westerkull to use the non-implanted bone conduction vibrator of BHM, and therefore would not be moving the components of Westerkull to the mastoid bone region (which is not recited in this claim).
Applicant argues on page 13 of Remarks, that it would not be obvious to combine Tamura with Westerkull in view of BHM:
“How would this optimize comfort? And what is the actual modification? Is it the replacement of the housing of Westerkull with the housing of Tamura? How would that work? And why does that result in anything useful? The magnet is still needed. Why does an arcuate shape housing buy you anything, assuming arguendo the obviousness of moving the housing to between the pinna and the skin?”
Examiner respectfully disagrees. Examiner relied upon Tamura to teach an earhook which houses a vibrator to modify the device of Westerkull in view of BHM which teaches housing a vibrator within a hat or headband (BHM figures 7-9), to optimize comfort since an individual may not want to wear a hat or headband but may prefer an earhook. Since the device of Westerkull is modified with the vibrator of BHM, the implanted magnet is not needed and the arcuate shape of a device can minimize pokes from sharp corners which will reduce damaging the skin of the user. Therefore, the arguments are not persuasive and the claims stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
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/NORMAN YU/Primary Examiner, Art Unit 2693
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