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 § 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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 112(b), 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.
Regarding claims 1-5 and 7-8, with the recitation of “preset negative pressure device”, it is unclear as to what structure the preset negative pressure device is. Under broadest reasonable interpretation without sufficient description of the preset negative pressure device, it is understood that the structure is a controller and device that generates negative pressure.
Regarding claim 8, claim 8 is directed to “a device,” but recites that the device is “used with the control method of the external ear negative pressure generator in claim 1.” This language renders the scope of the claim unclear because it is uncertain whether claim 8 is intended to be an independent apparatus claim, a dependent claim incorporating the method steps of claim 1, or merely an apparatus suitable for use with the method of claim 1. Additionally, the phrase “used with” does not clearly define structural limitations of the claimed device, but instead appears to recite an intended use or field of use. As a result, one of ordinary skill in the art would not be reasonably apprised of the metes and bounds of the claimed device.
It is suggested, that the claim should be amended such that a limitation like …structure…“cause the processing device to perform the control method of claim 1” is then recited at the end of the claim.
Additionally, Claim 8 recites the limitation "safety negative pressure information" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 9, claim 9 is directed to “an intelligent terminal,” but recites that the memory stores a computer program configured to “execute the control method of the external ear negative pressure generator in claim 1 by the processor.” This reference to “the control method … in claim 1” renders the scope of claim 9 unclear because it is uncertain whether claim 9 is intended to be an independent apparatus claim, a dependent claim incorporating all limitations of method claim 1, or merely an apparatus capable of executing software associated with the method of claim 1. Accordingly, the claim does not clearly define the structural and functional limitations of the intelligent terminal, and one of ordinary skill in the art would not be reasonably apprised of the metes and bounds of the claimed invention.
It is suggested, that claim 9 be amended similarly to the suggestion of claim 8.
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.
Claims 1, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over George (WO 2018106839 A2), in view of O’Connell (US 20170109988 A1).
Regarding claim 1, George discloses a control method of an external ear negative pressure generator (George [0103-0105]; where the pressure generator is an ear piece with negative pressure generating, [0071]; earpiece engaged with the external ear canal of the ear, [0006]; controlling the device through a processor), comprising:
obtaining start information of the external ear negative pressure generator (George [0384]; the device is powered by a power source, thereby turning on and obtaining start information of the external ear negative pressure generator);
and obtaining pressure detection information of an external auditory meatus (George [0132]; the pressure sensor can measure the pressure in the external ear canal);
judging whether a value of the pressure detection information is smaller than or equal to a pressure value corresponding to a preset safety pressure information (George [0453]; controller logic for the circuit, where the device decides whether the pressure may be less than the pressure value of the preset safety pressure information (safety limit) and comparing the signals of pressure detection information to the preset safety pressure information);
continuing to obtain the pressure detection information when the value of the pressure detection information is smaller than the pressure value corresponding to the preset safety pressure information (George [0107]; where the pressure treatment profile can be the negative pressure and repeats, based on information, [0453]; controller logic for the circuit, where the device decides whether the pressure may be less than the pressure value of the preset safety pressure information (safety limit) and comparing the signals of pressure detection information to the preset safety pressure information);
and obtaining pressurization triggering information when the value of the pressure detection information is equal to the pressure value corresponding to the preset safety pressure information (George [0253]; the pressure is performed within a safe pressure limit, negative pressure can be increased until a predetermined negative pressure is reached);
judging whether the pressurization triggering information meets a requirement of preset baseline pressurization triggering information and controlling the preset negative pressure device to stop generating the negative pressure information when the pressurization triggering information does not meet the requirement of the preset baseline pressurization triggering information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby ceasing generating the negative pressure information);
and controlling the preset negative pressure device to perform pressurization by preset pressurization data information according to the pressurization triggering information when the pressurization triggering information meets the requirement of the preset baseline pressurization triggering information (George [0253-0254]; where the controller increases the negative pressure until a predetermined negative pressure is reached within a safe pressure limit – meeting the requirement of the preset baseline pressurization triggering information).
George fails to disclose obtaining an external auditory meatus triggering information based on the start information.
O’Connell discloses a method to remedy physiological stress comprising:
obtaining external auditory meatus triggering information based on the start information (O’Connell [0029]; where a response signal is received includes an indication of when to initiate insertion of the earplug into the user’s ear canals, when the device is on);
controlling a preset negative pressure device to generate negative pressure information based on the external auditory meatus triggering information (O’Connell [0040]; where the device regulates the pressure of the ear canal – this would be after the insertion of the earplug and obtaining the external auditory meatus triggering information based on the start information).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the control method of George to include obtaining external auditory meatus triggering information based on the start information and in turn controlling the device as taught by O’Connell, since, it helps to ensure there is an air tight seal with the device, and the control helps to provide headache and pain relief to an individual wearing the earplug (O’Connell [0039-0040]).
Regarding claim 8, modified George further discloses a device used with the control method of the external ear negative pressure generator in claim 1, comprising:
an ear plug configured to be inserted into the external auditory meatus to form a confined space where the preset negative pressure device generates the negative pressure information (George [0252]; ear plug is inserted into the ear canal (external auditory meatus) to form a sealed space where the negative pressure generates the negative pressure information, [0090],[0091]);
the preset negative pressure device connected to the ear plug and configured to generate the negative pressure information (George [0090],[0091]; where there is a pressure device to produce a pressure to the ear canal of the patient and thereby generate negative pressure information);
a detecting device provided on the ear plug and configured to detect detected negative pressure information (George [0131]; a pressure sensor (detecting device) is configured to detect negative pressure information);
and a processing device electrically connected to the preset negative pressure device and the detecting device, respectively (George [0131]; a processor (processing device) monitors the pressure generated by the detecting device and controls the pressure generator and George [0118]; processing device used with the preset negative pressure device (controller));
and configured to compare the negative pressure information with safety negative pressure information, and control the preset negative pressure device to generate the negative pressure information and control the detecting device to detect the detected negative pressure information according to a comparison result (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe (controlling to compare the data vs. each other to make sure the pressure is safe), thereby ceasing generating the negative pressure information, George [0253-0254]; where the controller increases the negative pressure until a predetermined negative pressure is reached within a safe pressure limit).
Regarding claim 9, modified George further discloses an intelligent terminal, comprising a memory and a processor, wherein the memory stores a computer program configured to be loaded with and execute the control method of the external ear negative pressure generator in claim 1 by the processor (George [0006]; where there is memory communicating with a processor that stores the executable instructions of the computer program to be executed with the control method of the external ear negative pressure generator of claim 1 above, by the processor, [0118]).
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over George (WO 2018106839 A2), in view of O’Connell (US 20170109988 A1) and further in view of Chen (CN 114098722 A).
Regarding claim 2, modified George further discloses the control method of the external ear negative pressure generator according to claim 1, wherein a method for controlling the preset negative pressure device to generate the negative pressure information according to the external auditory meatus (see claim 1 above) comprises:
obtaining input negative pressure information based on the external auditory meatus triggering information (George [0103]; user inputs information relating to the treatment profile of the treatment device (includes ear piece and the pressure generator), controller functions based off of user device input, George [0132]; the pressure sensor can measure the pressure in the external ear canal, [0279]; the system can enable the user to provide input to change the max pressure level);
judging whether the input negative pressure information meets a requirement of preset baseline input negative pressure information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby ceasing generating the negative pressure information, George [0107]; where the pressure treatment profile can be the negative pressure and repeats (continuing to pressurize – baseline pressurization information), based on information, George [0103]; user inputs information relating to the treatment profile of the treatment device (includes ear piece and the pressure generator), controller functions based off of user device input);
controlling when the input negative pressure information does not meet the requirement of the preset baseline input negative pressure information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby ceasing generating the negative pressure information, George [0107]; where the pressure treatment profile can be the negative pressure and repeats (continuing to pressurize – baseline pressurization information), based on information, George [0103]; user inputs information relating to the treatment profile of the treatment device (includes ear piece and the pressure generator), controller functions based off of user device input);
and judging whether the input negative pressure information is larger than a safety pressure information when the input negative pressure information meets the requirement of the preset baseline input negative pressure information and controlling the preset negative pressure device to generate the negative pressure information according to the input negative pressure information when the input negative pressure information is not larger than the safety pressure information; and controlling the preset negative pressure device to generate base negative pressure information according to the safety pressure information (George [0091]; where the device can oscillate between applying pressure that is greater than or less than the baseline pressure, George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe thereby judging if the input negative pressure is larger than the safety, where the preset baseline negative pressure meets the input negative pressure information when within a safe value, [0253]; where the user can specify the maximum pressure values (input negative pressure information) of the safety pressure);
and, based on the base negative pressure information, generating the negative pressure information according to the preset pressurization data information until the negative pressure information is equal to the input negative pressure information when the input negative pressure information is larger than the safety pressure information (George [0253-0254]; where the controller increases the negative pressure until a predetermined negative pressure is reached within a safe pressure limit – meeting the requirement of the preset baseline pressurization triggering information, where the system keeps the pressure in a safe limit, when out of the limit, the device is controlled to make the pressure back within a safe limit until it meets a threshold that can be preset).
Modified George is silent to controlling based on a step length of pressure.
Chen discloses a hearing test method comprising:
controlling the preset pressure device to generate the pressure information according to preset input pressure step length information (Chen [0077]; the device controls the pressure level by a fixed step size that is skilled in the art, to provide feedback at different pressure levels and frequencies – Chen [0075,0078]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the control method of modified George by including controlling the pressure device according to include controlling the device according to preset input pressure step length information as taught by Chen, with the negative pressure device and negative pressure information, since, it allows for feedback information to be obtained and calibrated at different pressure levels and frequencies (Chen [0077-0078]).
Regarding claim 6, modified George in view of Chen further discloses the control method of the external ear negative pressure generator according to claim 2 (see claim 2 above), wherein,
when the negative pressure information is equal to the input negative pressure information a depressurizing method of the negative pressure information comprises: obtaining depressurization triggering information (George [0278]; where the system includes depressurization (negative pressure is result of depressurization), George [0253]; the pressure is performed within a safe pressure limit, negative pressure can be increased until a predetermined negative pressure is reached);
judging whether the depressurization triggering information meets a requirement of preset baseline depressurization triggering information (George [0453]; controller logic for the circuit, where the device decides whether the pressure may be less than the pressure value of the preset safety pressure information (safety limit) and comparing the signals of pressure detection information to the preset safety pressure information);
continuing to obtain the depressurization triggering information when the depressurization triggering information does not meet the requirement of the preset baseline depressurization triggering information (George [0107]; where the pressure treatment profile can be the negative pressure and repeats, based on information, [0453]; controller logic for the circuit, where the device decides whether the pressure may be less than the pressure value of the preset safety pressure information (safety limit) and comparing the signals of pressure detection information to the preset safety pressure information – which is the preset baseline depressurization triggering information);
and controlling a depressurization device to depressurize by preset depressurization data information and obtaining depressurization-stopping triggering information when the depressurization triggering information meets the requirement of the preset baseline depressurization triggering information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby obtaining depressurization stopping triggering information when it meets the requirement of the safety information (within the threshold), [0278]; where the system includes depressurization (negative pressure), [0253]; the negative pressure is performed within a safe pressure limit, negative pressure can be increased until a predetermined negative pressure is reached);
judging whether the depressurization-stopping triggering information meets a requirement of preset baseline depressurization-stopping triggering information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby ceasing generating the negative pressure information, George [0107]; where the pressure treatment profile can be the negative pressure and repeats (continuing to pressurize – baseline pressurization information), based on information, George [0103]; user inputs information relating to the treatment profile of the treatment device (includes ear piece and the pressure generator), controller functions based off of user device input);
continuing to obtain the depressurization-stopping triggering information when the depressurization-stopping triggering information does not meet the requirement of the preset baseline depressurization-stopping triggering information (George [0107]; where the pressure treatment profile can be the negative pressure and repeats, based on information, [0453]; controller logic for the circuit, where the device decides whether the negative pressure may be less (not meeting the requirement) than the negative pressure value of the preset safety pressure information (safety limit) and comparing the signals of pressure detection information to the preset safety negative pressure information);
and controlling the depressurization device to stop depressurizing when the depressurization-stopping triggering information meets the requirement of the preset baseline depressurization-stopping triggering information (George [0279], [0453]; where the system has a safety feature and can control to keep the ear from being damaged, when the information does not meet the safety requirement (judging)– where the device will stop pressurizing if it is not safe, thereby ceasing generating the negative pressure information).
Allowable Subject Matter
Claims 3-5 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the closest prior art of record Zoth (US 20030144603 A1), discloses:
an ear piece that calculates deformation to determine deformation length information of the ear piece (Zoth [0005], [0003], [0013]; where the compression length is calculated to provide a better hearing aid fitting).
However, Zoth fails to disclose, teach or render obvious:
“The control method of the external ear negative pressure generator according to claim 2, wherein a method for controlling the preset negative pressure device to generate the base negative pressure information according to the safety pressure information comprises: obtaining normal negative pressure information of the external auditory meatus; calculating a difference between the base negative pressure information and the normal negative pressure information, and defining the difference as calculated as changed negative pressure information; obtaining gas capacity information of the external auditory meatus; analyzing a gas amount corresponding to the gas capacity information and a negative pressure value corresponding to the changed negative pressure information to determine a changed capacity information of the external auditory meatus; obtaining external auditory meatus diameter information; analyzing a capacity value corresponding to the changed capacity information and a diameter corresponding to the external auditory meatus diameter information to determine deformation length information of a preset ear plug; and controlling the preset negative pressure device to drive ear plug to deform by a deformation length corresponding to the deformation length information and compress a gas to generate the base negative pressure information.” In addition to other limitations.
Claims 4 and 5 are allowable because they are dependent on allowable claim 3.
Regarding claim 7, the closest prior art of reference Lee (KR 20190058162 A) discloses:
speed information; and controlling the device to perform pressurization by a speed (Lee [0012-0013]; where the processor can adjust the moving speed of changing volume, [0011]; adjusting volume of pressure, [0045]; generating pressure to the ear).
However, Lee fails to disclose, teach or render obvious:
“The control method of the external ear negative pressure generator according to claim 6, wherein, when the depressurization device stops depressurization, a control method of the negative pressure information comprises: obtaining depressurization negative pressure information based on the depressurization-stopping triggering information, and defining the depressurization negative pressure information as the negative pressure information; obtaining detected negative pressure information after preset detecting time information; calculating a difference between the negative pressure information and the detected negative pressure information, and defining the difference as calculated as corrected negative pressure information; calculating a quotient between the corrected negative pressure information and the preset detecting time information, and defining the quotient as calculated as corrected negative pressure speed information; and controlling the preset negative pressure device to perform pressurization by a speed corresponding to the corrected negative pressure speed information.” In addition to other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Murakoshi (JP 2023183639 A): negative pressure measurement device.
Buckler (US 20150000678 A1): method for external ear canal pressure regulation to alleviate disorder symptoms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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