ETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement filed 5/28/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim(s) 1-5, 9-16 is/are rejected on the ground of non-statutory double patenting as being unpatentable over claim(s) 1-8, 11-15 of U.S. Patent No. 10477329 (US Application No. 15336532). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are anticipated by the scope of the claims in the patent with obvious wording variations as shown in the table below, for example:
18582338
15336532
Claim 1: A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane aligned with a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations;
a battery;
and electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure.
1. A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure oriented such that a direction of an electric field (E-field) of a propagating electromagnetic signal generated by the antenna structure is directed non-tangentially with respect to the user at the location of the user's ear, the antenna structure comprising: a substrate comprising a dielectric material; an antenna comprising an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane disposed on a second surface of the substrate opposing the first surface, the ground plane separated from the patch antenna by the dielectric material of the substrate, and the patch and the ground plane are electrically connected at one or more locations;
a battery comprising a major surface that extends along a plane of the faceplate; and
electronic circuitry disposed within the shell, the electronic circuitry powered by the battery and electrically coupled to send and/or receive signals via the antenna structure.
Claim(s) 1-17 is/are rejected on the ground of non-statutory double patenting as being unpatentable over claim(s) 1-17 of U.S. Patent No. 11601767 (US Application No. 16658144). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are anticipated by the scope of the claims in the patent with obvious wording variations as shown in the table below, for example:
18582338
17658144
Claim 1: A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane aligned with a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations;
a battery;
and electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure.
1. A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure oriented such that a direction of an electric field (E-field) of a propagating electromagnetic signal generated by the antenna structure is directed non-tangentially with respect to the user at a location of the ear of the user, the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane disposed on a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations; and
electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure.
4. The hearing device of claim 1, wherein: the faceplate includes a battery door configured to allow a battery to be inserted into and removed from the hearing device; and the antenna structure is disposed in or on the battery door.
Claim(s) 1-17 is/are rejected on the ground of non-statutory double patenting as being unpatentable over claim(s) 1-17 of U.S. Patent No. 11950059 (US Application No. 18178365). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims in the present application are covered by the scope of the claims in the patent with obvious wording variations as shown in the table below, for example:
18582338
18178365
Claim 1: A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane aligned with a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations;
a battery;
and electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure.
Claim 1. (Original): A hearing device, comprising:
an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising
a shell and a faceplate;
an antenna structure disposed in or on the faceplate, the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and
a ground plane comprising an electrically conductive plane disposed on a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations; and
electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure.
Claim 4. The hearing device of claim 1, wherein: the faceplate includes a battery door configured to allow a battery to be inserted into and removed from the hearing device; and the antenna structure is disposed in or on the battery door.
Claim Objections
Claim(s) 19-20 is/are objected to under 37 CFR 1.75 as being a substantial duplicate of claim 18. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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) 1-8, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kvist et al (US Publication No. 2013/0342407) in view of Spittler (US Patent No. 6995709).
Regarding claim 1, Kvist teaches a hearing device (fig. 3, hearing aid), comprising: an enclosure configured for at least partial insertion within an ear of a user, the enclosure comprising a shell (31, body of hearing aid) and a faceplate (32); an antenna structure (34, 35) disposed in or on the faceplate, a battery (33); and electronic circuitry (21, 22, 24) disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna (0084, antenna emits an electromagnetic field produced signal).
Kvist fails to specifically teach the antenna structure comprising: a substrate comprising a dielectric material; an electrically conductive patch disposed on a first surface of the substrate; and a ground plane comprising an electrically conductive plane aligned with a second surface of the substrate opposing the first surface, the ground plane separated from the electrically conductive patch by the dielectric material of the substrate, and the electrically conductive patch and the ground plane are electrically connected at one or more locations.
Spittler teaches an antenna structure (10) comprising: a substrate comprising a dielectric material (18, 20, dielectric substrate); an electrically conductive patch (14, 16, patch) disposed on a first surface of the substrate; and a ground plane (12, ground plane) comprising an electrically conductive plane aligned with a second surface of the substrate opposing the first surface, the ground plane (12) separated from the electrically conductive patch by the dielectric material of the substrate (as shown by figs. 1-3), and the electrically conductive patch and the ground plane are electrically connected at one or more locations (26, feed line) to make a miniature antenna structure and allow for dual frequency operations.
One of ordinary skill in the art before the effective filing date of the claimed invention could have applied the antenna structure of Spittler to the hearing aid of Kvist and the results would have been predictable to one of ordinary skill in the art.
Regarding claim 2, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein the first and second surfaces extend along a plane of the faceplate (Kvist, fig. 3 shows the placement of the antenna on the faceplate; Spittler, figs. 1-3 teaches the antenna structure with surfaces).
Regarding claim 3, the combination of Kvist and Spittler teaches the hearing device of claim 2, wherein the ground plane (12) is spaced apart from and overlaps the patch (Spittler; Fig. 3, wherein the ground plane is apart and overlapped).
Regarding claim 4, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein: the faceplate includes a battery door (Kvist; para. 0035-0036, opening/closing for the battery) to allow the battery to be inserted into and removed from the hearing device; and the antenna structure is disposed in or on the battery door (Kvist, fig. 3, para. 0036-0038, wherein electrical conductive material of the antenna forms part of the door).
Regarding claim 5, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein the dielectric material has an isotropic dielectric constant in a range of about 12 to about 13 (Spittler, col. 2 line 63 through col. 4 line 11, dielectric constant up to 20, which includes ranges between 12 and 13).
Regarding claim 6, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein the antenna structure is configured to operate at a frequency of interest within a frequency range of about 300 MHz to about 3 GHz (Spittler, col. 5 lines 10-35; 400-500 MHz).
Regarding claim 7, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein an E-field of a propagating electromagnetic signal generated by the antenna structure is substantially orthogonal to a line tangent to the user at the ear of the user (Spittler, col. 1 lines 27-43, orthogonal circular polarization or any polarizing direction; col. 1 line 58 through col. 2 line , orthogonal polarization).
Regarding claim 8, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein: the faceplate (32) comprises a battery door (Kvist; para. 0035-0036, opening/closing for the battery); and the battery door is the antenna structure (Kvist, fig. 3, para. 0036-0038, wherein electrical conductive material of the antenna forms part of the door).
Regarding claim 13, Kvist teaches a hearing device (fig. 3) comprising: an enclosure (30) configured for at least partial insertion within an ear of a user, the enclosure comprising a shell (31) and a faceplate (32); a planar antenna (34, 35) that extends along a plane of the faceplate (32); and a battery (33); and electronic circuitry disposed within the shell, the electronic circuitry being electrically coupled to send and/or receive signals via the antenna structure (0084, antenna emits an electromagnetic field produced signal).
Kvist fails to specifically teach an antenna structure comprising: a substrate comprising a dielectric material; a planer antenna is disposed on a first surface of the substrate; and an electrically conductive ground plane that extends along the plane of the faceplate, the electrically conductive ground plane disposed on a second surface of the substrate opposite the first surface such that the electrically conductive ground plane fully or partially overlaps the planar antenna (Spittler; Fig. 3, wherein the ground plane is apart and overlapped) and the dielectric material of the substrate is disposed between the planar antenna (figs. 1-3) and the electrically conductive ground plane and the planar antenna and the electrically conductive ground plane are electrically connected at one or more locations (26, feedline).
Spittler teaches an antenna structure (10) comprising: a substrate comprising a dielectric material (18, 20, dielectric substrate); a planer antenna (10) is disposed on a first surface of the substrate (18, 20); and an electrically conductive ground plane (12) that extends along the plane of the faceplate (based on the orientation of Kvist faceplate, 32), the electrically conductive ground plane (12) disposed on a second surface of the substrate opposite the first surface such that the electrically conductive ground plane fully or partially overlaps the planar antenna and the dielectric material of the substrate is disposed between the planar antenna and the electrically conductive ground plane and the planar antenna and the electrically conductive ground plane are electrically connected at one or more locations (26, feedline) to make a miniature antenna structure and allow for dual frequency operations.
One of ordinary skill in the art before the effective filing date of the claimed invention could have applied the antenna structure of Spittler to the hearing aid of Kvist and the results would have been predictable to one of ordinary skill in the art.
Regarding claim 14, the combination of Kvist and Spittler teaches the hearing device of claim 13, wherein: the faceplate (32) comprises a battery door (Kvist; para. 0035-0036, opening/closing for the battery) configured to allow the battery to be inserted into and removed from the hearing device; and the antenna structure is disposed in or on the battery door (Kvist, fig. 3, para. 0036-0038, wherein electrical conductive material of the antenna forms part of the door).
Regarding claim 15, the combination of Kvist and Spittler teaches the hearing device of claim 14, wherein the antenna structure and the battery door are a unitary component (Kvist, fig. 3, para. 0036-0038, wherein electrical conductive material of the antenna forms part of the door).
Regarding claim 16, the combination of Kvist and Spittler fails to teach the hearing device of claim 14, wherein the battery door is attached to a peripheral region of the faceplate by a hinge.
However, the Examiner takes Official Notice that it is known in the art to use a hinge on a battery door to open and close an opening (Kvist para. 0035-0036).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying a hinge would have yielded a predictable result.
Regarding claim 17, the combination Kvist and Spittler fails to teach the hearing device of claim 13, wherein the antenna structure has a diameter of about 8 mm.
However, Kvist does teach the diameter of the faceplate (32) is 20mm (para. 0097) and the antenna structure is in or on the faceplate.
It would have been obvious matter of design choice to configure the antenna structure to any size within the confines of 20mm to received and emit the desired response including about 8mm since Applicant has not disclosed that having the measurement solves any stated problem or is for any particular purpose and it appears that the invention would be capable of achieving the desired diameter in the invention of the combination of Kvist and Spittler [In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Regarding claims 18-20, the combination of Kvist and Spittler teaches the hearing device of claim 1, wherein the battery (33) comprises a major surface that extends along or is perpendicular to a plane of the faceplate (Kvist; fig. 3).
Examiner’s Note
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner’s rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
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December 12, 2025
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694