DETAILED ACTION
Notice of 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 .
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 21-27, 29-32, 34-39, and 41-43 is/are rejected under 35 U.S.C. 101 because they amount to an abstract idea related to: MPEP 2106 - Patent Subject Matter Eligibility requires the following test in section III. Summary of Analysis and Flowchart:
Step 1: Is the claim to a process, machine, manufacture or composition of
matter?
Step 2A1: Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Step 2A2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
With regards to the Applicant’s claims, the Examiner addresses each of the corresponding points outlined above:
Step 1: yes, a process and machine
Step 2A1: an abstract idea
Step 2A2: yes: video camera, memory, processor
Step 2B: no, because the steps recited in claims 21, 31, and 36 can be performed with the mind and eyes alongside pencil and paper. A person can view the inputs captured by a video camera and determine using the mind, determine a feedback event is warranted after viewing, and respond by adjusting the hearing device using one’s body.
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.
Claim(s) 21-27, 29-32, 34-39, and 41-43 is/are rejected under 35 U.S.C. 112(a) 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 21, 31, and 36, the generic recitation of “a machine learning algorithm” fails to comply with the written description requirement because it does not reasonably convey to one of ordinary skill that the applicant had possession. The Specification does not disclose any details on the specific type of machine learning algorithm nor does it disclose how one would even use such an algorithm to analyze the claimed inputs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Ip whose telephone number is (571) 270-5387. The examiner can normally be reached Monday - Friday 9a-5p PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached on (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M IP/Primary Examiner, Art Unit 3793
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