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 .
DETAILED ACTION
Applicant’s amendment filed on 10/14/2025 has been entered. Applicant has amended claims 1, 7, 8 and 10 and canceled claims 4-6. Currently claims 1-3 and 7-15 are pending in this application.
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 10/14/2025, with respect to 35 U.S.C. 103 rejection of claims 1-3 and 7-15 have been fully considered and are persuasive. The 35 U.S.C. rejection of claims 1-3 and 7-15 has been withdrawn. Note: Claim amendments have necessitated new grounds of rejections.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3 and 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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. Please note that independent claim 1 establishes that “encryption key is externally provided to the hearing device” and claim 2 recites, “wherein the encryption key and the decryption key are autonomously generated on the hearing device”, which directly contradict the requirement of externally providing encryption key to the hearing device as required by claim. It is not clear how the encryption key is externally provided to the hearing device and generated autonomously by the hearing device at the same time. Correction/Clarification is required.
Regarding Claim 7, claim recites the limitation “wherein the encryption key is authenticated by using an authentication key; wherein the encryption key is signed based on the authentication key only if…”. The claim does not have a previous recitation of “the encryption key is signed” and as a result, lacks proper antecedent basis. For example, a lack of clarity could arise where a claim refers to “said lever” or “the lever”, where the claim contains no earlier recitation or limitation of lever and as a result, it would be unclear as to what element the limitation was making reference to (MPEP 2173.05(e) [R-07.2015]). Claim 7 should read, “wherein the encryption key is signed by using an authentication key; wherein the encryption key is signed based on the authentication key only if…”. Correction/ Clarification is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10-12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 currently recites, “wherein the hearing device accepts the encryption key only if a user of the hearing device has authorized access of the external entity to the data generated by the hearing device sensor or wherein the encryption key is authenticated by using an authentication key”, which broadens the scope of claim 1 which recites, “wherein the hearing device accepts the encryption key only if a user of the hearing device has authorized access of the external entity to the data generated by the hearing device sensor” without any other alternate condition. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Correction/Clarification is required.
Allowable Subject Matter
Claims 1, 9 and 13-15 allowed.
Claims 7-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 10-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOGESH PALIWAL whose telephone number is (571)270-1807. The examiner can normally be reached M-F 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at (571)270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOGESH PALIWAL/ Primary Examiner, Art Unit 2435