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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bern et al (Pub. No.: US 2018/0077505).
Regarding claim 1, Bern et al disclose a coupling for coupling an external hearing device with an abutment of a bone anchored hearing system [see abstract, 0161-0164], the coupling comprising:
at least two coupling arms (matching threads of bore 70 as shown in figs 1A-1C) for establishing a connection to the abutment (8) of the bone anchored hearing system [see figs 1A-1D, 0163, 0171] by disclosing bore includes matching threads [see 0171]. Bern et al disclose further disclose at least two protrusions 100 (behave as two coupling arms, emphasis added) [see fig 3E] of the insert structure (also behave as a coupling mechanism, emphasis added) for establishing a connection to the abutment (8) [see figs 4E-3G, 0195-0200].
wherein the coupling is configured as a one-piece coupling [see 0037] by disclosing the one-piece body may be a screw or another fastening element adapted to be attached to the plate member and to the abutment [see 0037].
Regarding claim 2, Bern et al disclose wherein the at least two coupling are at least partially substantially flexible [see 0197-0200] by disclosing at least two outward protrusions 100 (behave as two coupling arms, emphasis added) [see fig 3E] made of flexible material [see 0198] of the insert structure (also behave as a coupling mechanism, emphasis added) for establishing a connection to the abutment (8) [see figs 4E-3G, 0195-0196].
Regarding claim 3, Bern et al disclose wherein the coupling comprises at least one slot between each two coupling arms (matching threads of bore 70 as shown in figs 1A-1C) [see figs 1A-1D, 0171].
Regarding claim 4, Bern et al disclose wherein the at least two coupling arms are configured to control axial mating (by matching to the threads of the engagement structure) and radial holding to the abutment of the bone anchored hearing system [see 0171] by disclosing engagement structure includes threads and the bore includes matching threads such that the threads and the matching threads are screwed with respect to each other to provide the engagement between the plate 10 and the abutment 8 [see 0171].
Regarding claim 5, Bern et al disclose wherein the at least two coupling arms (matching threads of bore 70 as shown in figs 1A-1C) are configured to at least partially establish a form-fitting and/or force-fitting connection to the abutment of the bone anchored hearing system [see 0199, 0226].
Regarding claim 6, Bern et al disclose according to claim 5, wherein the at least two coupling comprise at least one recess for at least partially establishing a form-fitting and/or a force-fitting connection to the abutment of the bone anchored hearing system [see 0199, 0226].
Regarding claim 7, Bern et al disclose according to claim 1, wherein the coupling further comprises:
a coupling body (engagement structure 72), wherein the coupling body is configured to be attached to a vibrator of the external hearing device [see figs 1A-1C, 0226-0227, 0260-0261].
Regarding claim 8, Bern et al disclose according to claim 7, wherein the coupling body is configured to be threaded on to a vibrator plate of the vibrator of the external hearing device, in particular after the vibrator plate has been installed into a housing of the external hearing device [see 0163, 0171, 0201, 0226-0227].
Regarding claim 9, Bern et al disclose coupling assembly for coupling an external hearing device with an abutment of a bone anchored hearing system, the coupling assembly comprising:
a coupling according to claim 1 [see above];
a coupling spring for applying a force on the at least two coupling of the coupling against the abutment of the bone anchored hearing system when establishing a connection between the coupling and the abutment of the bone anchored hearing system [see 0198].
Regarding claim 10, Bern et al disclose according to claim 9, wherein the coupling assembly further comprises:
a coupling screw for counteracting (the threads of the screw inherently provide that function, emphasis added) the force of the coupling spring such that creep in the at least two coupling arms of the coupling is prevented [see 0037, 0163, 0171].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bern et al (Pub. No.: US 2018/0077505) in view of Westerkull et al (Pub. No.: US 2010/0292529)
Regarding claim 11, Bern et al disclose bone anchored hearing system comprising:
an external hearing device comprising a vibrator having a vibrator plate and a vibrator spring [see 0198];
a coupling assembly according to claim 9 for coupling the external hearing device with the abutment [see above].
Bern et al don’t disclose an abutment configured to be connected to an implant configured to be fixated in a skull of a user.
Nonetheless, Westerkull et al disclose an abutment configured to be connected to an implant configured to be fixated in a skull of a user [see 0011, 0023, claim 4] by disclosing abutment with the connection screw joined with the implant fixture [see 0011]. Westerkull et al disclose the coupling forces can be generated by a separate spring, a flexible material [see 0002].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine Bern et al and Westerkull et al by having an abutment configured to be connected to an implant configured to be fixated in a skull of a user; to establish a strong sealing force between the abutment contact surface 16 and the implanted screw 3, through tightening forces imparted onto the surface [see 0023, Westerkull et al].
Regarding claim 12, Bern et al disclose according to claim 11, wherein the connection between the at least two coupling arms of the coupling and the abutment of the bone anchored hearing system is at least partially form-fitting or force-fitting [see 0175, 0199, 0258].
Regarding claim 13, Bern et al disclose according to claim 11, wherein the coupling spring of the coupling assembly is attached to the at least two coupling arms of the coupling for applying a force on the at least two coupling arms of the coupling against the abutment of the bone anchored hearing system [see 0199, 0258].
Regarding claim 14, Bern et al disclose according to claim 13, wherein the coupling screw
of the coupling assembly is attached to the coupling of the coupling assembly for counteracting the force of the coupling spring such that creep in the at least two coupling arms of the coupling is prevented [see 0199, 0258].
Regarding claim 15, Bern et al disclose according to claim 11, wherein the coupling, in
particular the coupling body (engagement structure 72), and optionally the coupling screw of the coupling assembly is attached to the vibrator of the external hearing device, in particular threaded on to the vibrator plate of the vibrator of the external hearing device [see 0163, 0171, 0201, 0226-0227].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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/JOEL F BRUTUS/Primary Examiner, Art Unit 3798