DETAILED ACTION
EXAMINER’S COMMENTS
The previous Office action (dated December 17, 2025) has been withdrawn because this application was under a prior of suspension since October 27, 2025. The Office Action is responsive to amendments filed for No. 18/593418 on January 28, 2026. Please note claims 11-12, 14-16, 19-21, 23-24, 26-27, 29-31, 33-34, 36-43, 45 and 47-51 remain in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
“processor and memory storing an application” recited in Claim 11;
“a microphone cooperatively coupled with the mobile device” recited in Claim 24;
“the hearing device is a hearing prosthesis” recited in Claim 48;
“the internet is not accessed when the patient's hearing device is configured” recited in Claim 49;
“the device is not in communication with the platform when the patient's hearing device is configured” recited in Claim 51;
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "420" and "421" have both been used to designate platform. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
4. Claims 11, 31 and 37 are objected to because of the following informalities:
Claim 11 recites “the patient's hearing aid” and it should be “the patient's hearing device”.
Claim 31 recites “the hearing prosthesis” and it should be “the hearing device”.
Claim 37 recites “the hearing prosthesis” and it should be “the hearing device”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claim 24 is 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.
Claim 24 recites the limitation "the mobile device" in line 2. There is insufficient antecedent basis for this limitation in the claim because the parent claim does not recites a "mobile device".
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claim(s) 11-12, 19-21, 23-24, 26-27, 29, 31, 33-34, 36-42, 49 and 51 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Apfel et al. (Hereinafter Apfel) US-PG-PUB No. 2013/0177188.
Regarding claim 11, Apfel teaches
A device (Fig. 1 shows a computing device 122) including an executable application supporting access to and adjustment of a patient's hearing device (Fig. 1 shows a hearing aid 102) (adjusting some hearing aid settings by connecting the hearing aid to the hearing health professional over the internet via the computing device 122…..Para. [0012], Lines 1-7), the device (Fig. 1 shows a computing device 122) comprising:
a processor (Fig. 1 shows a processor 138) and memory (Fig. 1 shows a computer-readable storage media 124) storing an application (Fig. 1 shows a hearing aid application 126), the application (i.e. hearing aid application 126) being configured for:
connecting to a platform (Fig. 1 shows a customer service data system 162) separate from the device (i.e. computing device 122) and connecting to the patient's hearing device (i.e. hearing aid 102) as shown in Fig. 1 (Para. [0017], Lines 1-7);
receiving from the platform (i.e. customer service data system 162) at least one changed setting for at least one adjustable setting of a plurality of adjustable settings for the patient's hearing device (i.e. hearing aid 102) (The user is also able to communication with a hearing health professional using computing device 122 and hearing aid application 126 via network interface 146. The hearing health professional (i.e. customer service data system 162) is able to make adjustments and test the users hearing when a connection is established….Para. [0027], Lines 1-10);
and communicating one or more of the changed settings to the patient's hearing aid 12 (100) for storage (Fig. 1 shows a computer-readable storage media 104 stores the changed one or more hearing aid profiles 106….Para. [0019], Lines 1-4) of the changed setting by the patient's hearing device (i.e. hearing aid 102), thereby enabling access to and adjustment of the hearing device (i.e. hearing aid 102) of the patient (Hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126….Para. [0027], Lines 1-10).
Regarding claim 12, Apfel teaches
The device of claim 11, wherein the device (i.e. computing device 122) is in signal communication with the patient's hearing device (i.e. hearing aid 102) and is in signal communication with the platform (i.e. customer service data system 162) as shown in Fig. 1.
Regarding claim 19, Apfel teaches
The device of claim 11, wherein the application is configured to send a read command to the hearing device (Hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126…..Para. [0027], Lines 1-5).
Regarding claim 20, Apfel teaches
The device of claim 19, wherein the read command is executable to obtain adjustable hearing device attributes and/or values of those settings (Hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126. The hearing health professional is able to make adjustments and test the users hearing when a connection is established.…..Para. [0027], Lines 1-11).
Regarding claim 21, Apfel teaches
The device of claim 11, wherein the application is configured to enable storage, at least temporarily, of the obtained adjustable hearing device attributes and/or values of those settings, and the obtained adjustable hearing device attributes and/or values are stored in the device (Computer-readable storage media 124 stores a plurality of instructions including a hearing aid application 126…..Para. [0021], Lines 1-10 and Para. [0027], Lines 1-10).
Regarding claim 23, Apfel teaches
The device of claim 11, wherein the application is configured to enable the communication of the one or more changed settings and the receiving of the one or more changed settings in real time (Computing device 122 either has hearing aid profile 106 stored in hearing aid profiles 128 or can access it through transceivers 144 and 116. Once the settings of hearing aid profile 106 are displayed to the hearing health professional on interface 168, the hearing health professional may adjust it using interface 168. At this time the user is currently, using hearing aid profile 106 and can describe to the hearing health professional the problem he/she is having with hearing aid profile 106 in real time…..Para. [0030], Lines 7-15).
Regarding claim 24, Apfel teaches
The device of claim 11, wherein the application (i.e. hearing aid application 126) is configured to transmit through a connection from a microphone (Fig. 1 shows a microphone 112) cooperatively coupled with the mobile device (i.e. computing device 122), environmental sounds of a normal life environment (microphone 112 converts environmental noise into electrical signals and provides the electrical signals to processor 110, which shapes the electrical signals according to hearing aid profile 106 to produce a modulated (modified) output signal that is customized to compensate the user's particular hearing deficiencies and optionally for the particular acoustic environment. Hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126……Para. [0026]-[0027]).
Regarding claim 26, Apfel teaches
A method, comprising:
accessing an internet connection (a network (.i.e. internet) 152….Para. [0024], Line 5); and
configuring a patient's hearing device (Fig. 1 shows a hearing aid 102) based on data sent over the internet connection (adjusting some hearing aid settings by connecting a hearing aid 102 to a hearing professional (Fig. 1 shows a customer service data system 162) over the network (.i.e. internet) 152….Para. [0024], Lines 1-5).
Regarding claim 27, Apfel teaches
The method of claim 26, wherein:
the hearing device (i.e. hearing aid 102) is indirectly in communication with the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) as shown in Fig. 1; and the method further comprises sending the data to the hearing device (i.e. hearing aid 102) via the internet or receiving the data by the hearing device via the internet using the communication with the internet (a system 100 including a hearing aid 102 in communication with a computing device 122, and a customer service data system 162 also in communication with computing device 122. System 100 adapted to provide real-time hearing testing or hearing aid tuning by a hearing health professional, for example through a network (.i.e. internet ….Para. [0024], Lines 1-5) 152…..Para. [0017], Lines 1-7).
Regarding claim 29, Apfel teaches
The method of claim 27, further comprising: transferring the data to the hearing device (i.e. hearing aid 102) from a device (Fig. 1 shows a computing device 122) used to place the hearing device into communication with the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) as shown in Fig. 1 (a system 100 including a hearing aid 102 in communication with a computing device 122, and a customer service data system 162 also in communication with computing device 122. System 100 adapted to provide real-time hearing testing or hearing aid tuning by a hearing health professional, for example through a network (.i.e. internet ….Para. [0024], Lines 1-5) 152…..Para. [0017], Lines 1-7), which device (i.e. computing device 122) received the data from the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5), thereby configuring the hearing device (i.e. hearing aid 102) based on data from the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) as shown in Fig. 1 and Para. [0017], Lines 1-7, wherein the device (i.e. computing device 122) is a mobile device (Computing device 122 includes a processor capable of executing instructions, including but not limited to a personal digital assistant (PDA), smart phone, portable computer, tablet computer, or mobile communication device (such as a cell phone or smart phone)….Para. [0020], Lines 1-5) in wireless communication (Fig. 1 shows a network interface (i.e. cell phone….Para. [0054], Lines 1-5) 146) with the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) and in communication with the hearing device (i.e. hearing aid 102) as shown in Fig. 1.
Regarding claim 31, Apfel teaches
The method of claim 29, wherein: the claim recited that the data is originally geographically remote from the hearing prosthesis and the mobile device before the data is sent over the internet as shown in Fig. 1 (the hearing health professional may then update the hearing aid profile and provide the updated hearing aid profile to the computing device of the user for updating the hearing aid…..Para. [0015], Lines 6-9).
Regarding claim 33, Apfel teaches
The method of claim 29, wherein: a hearing professional, remote from the hearing device, adjusts an adjustable hearing device attribute and/or setting while a patient using the hearing device is located in a sound environment where the patient is currently experiencing a hearing problem, the adjusted adjustable hearing device attribute and/or setting corresponding to the data (The hearing health professional is able to access hearing aid profile 106 either through the customer data provided to the interface or by retrieving it from computing device 122. Computing device 122 either has hearing aid profile 106 stored in hearing aid profiles 128 or can access it through transceivers 144 and 116. Once the settings of hearing aid profile 106 are displayed to the hearing health professional on interface 168, the hearing health professional may adjust it using interface 168. At this time the user is currently, using hearing aid profile 106 and can describe to the hearing health professional the problem he/she is having with hearing aid profile 106 in real time. Once hearing aid profile 106 has been adjusted by the hearing health professional, customer service data system 162 provides hearing aid profile 106 to hearing aid 102 via computing device 122. The user is thus able to evaluate the adjusted hearing aid profile 106 in the acoustic environment that the user was having issues in at the time the use was having the problems…..Para. [0030], Lines 1-30).
Regarding claim 34, Apfel teaches
The method of claim 33, further comprising: in real time with the adjustment of the adjustable hearing device attribute and/or setting, providing or receiving a description of an effectiveness of the adjusted adjustable hearing device attribute and/or setting (Computer-readable storage media 124 stores a plurality of instructions including a hearing aid application 126…..Para. [0021], Lines 1-10 and Para. [0027], Lines 1-10).
Regarding claim 36, Apfel teaches
The method of claim 26, wherein: a device (Fig. 1 shows a computing device 122) receives the data sent over the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) connection and transfers the data to the hearing device (i.e. hearing aid 102) to configure the hearing device (i.e. hearing aid 102) based on the data sent over the internet (i.e. the network (.i.e. internet) 152….Para. [0024], Lines 1-5) connection (a system 100 including a hearing aid 102 in communication with a computing device 122, and a customer service data system 162 also in communication with computing device 122. System 100 adapted to provide real-time hearing testing or hearing aid tuning by a hearing health professional, for example through a network (.i.e. internet ….Para. [0024], Lines 1-5) 152…..Para. [0017], Lines 1-7).
Regarding claim 37, Apfel teaches
The method of claim 36, wherein: the device (i.e. computing device 122) is in direct communication with the hearing prosthesis (i.e. hearing aid 102) as show in Fig. 1.
Regarding claim 38, Apfel teaches
The method of claim 37, wherein: a healthcare professional is located remotely from the device (i.e. computing device 122) and the hearing device (i.e. hearing aid 102) as shown in Fig. 1 and Para. [0045], Lines 1-3; and the healthcare professional creates and/or modifies the data in real time based on data obtained in real time from a patient using the hearing device, which data obtained in real time is passed through the device (The hearing health professional is able to access hearing aid profile 106 either through the customer data provided to the interface or by retrieving it from computing device 122. Computing device 122 either has hearing aid profile 106 stored in hearing aid profiles 128 or can access it through transceivers 144 and 116. Once the settings of hearing aid profile 106 are displayed to the hearing health professional on interface 168, the hearing health professional may adjust it using interface 168. At this time the user is currently, using hearing aid profile 106 and can describe to the hearing health professional the problem he/she is having with hearing aid profile 106 in real time. Once hearing aid profile 106 has been adjusted by the hearing health professional, customer service data system 162 provides hearing aid profile 106 to hearing aid 102 via computing device 122. The user is thus able to evaluate the adjusted hearing aid profile 106 in the acoustic environment that the user was having issues in at the time the use was having the problems……Para. [0030], Lines 1-27).
Regarding claim 39, Apfel teaches
The method of claim 38, wherein: the device (i.e. computing device 122) is a mobile device (Computing device 122 includes a processor capable of executing instructions, including but not limited to a personal digital assistant (PDA), smart phone, portable computer, tablet computer, or mobile communication device (such as a cell phone or smart phone)….Para. [0020], Lines 1-5); and the data obtained in real time is at least in part based on a sound environment to which the patient is exposed at the time that the data obtained in real time is obtained (The hearing health professional is able to access hearing aid profile 106 either through the customer data provided to the interface or by retrieving it from computing device 122. Computing device 122 either has hearing aid profile 106 stored in hearing aid profiles 128 or can access it through transceivers 144 and 116. Once the settings of hearing aid profile 106 are displayed to the hearing health professional on interface 168, the hearing health professional may adjust it using interface 168. At this time the user is currently, using hearing aid profile 106 and can describe to the hearing health professional the problem he/she is having with hearing aid profile 106 in real time. ……Para. [0030], Lines 1-27).
Regarding claim 40, Apfel teaches
The method of claim 26, wherein: the patient has never visited in-person with a hearing professional (the user may interact with the computing device to trigger an application that communicates with the remote customer service data system through the network to provide a hearing test, a hearing screening, a hearing evaluation, to return a feedback canceler, or provide a real ear incretion gain test using the hearing aid with or without the aid of an audiologist….Para. [0014], Lines 1-7).
Regarding claim 41, Apfel teaches
The method of claim 26, wherein: the method is executed in a manner agnostic to a location of the patient (At this time the user is currently, using hearing aid profile 106 and can describe to the hearing health professional the problem he/she is having with hearing aid profile 106 in real time. Once hearing aid profile 106 has been adjusted by the hearing health professional, customer service data system 162 provides hearing aid profile 106 to hearing aid 102 via computing device 122. The user is thus able to evaluate the adjusted hearing aid profile 106 in the acoustic environment that the user was having issues in at the time the use was having the problems…..Para. [0030], Lines 12-28).
Regarding claim 42, Apfel teaches
The device of claim 11, wherein the application is configured for enabling remote access to hearing device settings of the patient's hearing device stored on the patient's hearing device as shown in Fig. 1 (Hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126. The user is also able to communication with a hearing health professional using computing device 122 and hearing aid application 126 via network interface 146. The hearing health professional is able to make adjustments and test the users hearing when a connection is established….Para. [0027], Lines 1-9).
Regarding claim 49, Apfel teaches
The method of claim 26, wherein: the hearing device (Fig. 1 shows a hearing aid 102) is indirectly in communication with the internet when the internet is accessed (a network (.i.e. internet) 152….Para. [0024], Line 5); and the method further comprises sending the data to the hearing device via the internet or receiving the data by the hearing device via the internet using the communication with the internet (FIG. 1 is a block diagram of an embodiment of a system 100 including a hearing aid 102 in communication with a computing device 122, and a customer service data system 162 also in communication with computing device 122. System 100 adapted to provide real-time hearing testing or hearing aid tuning by a hearing health professional, for example through a network 152…..Para. [0017], Lines 1-7); and the internet is not accessed when the patient's hearing device is configured (The internet is not accessed when the patient's hearing device is configured because the hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126…..Para. [0027], Lines 1-5).
Regarding claim 51, Apfel teaches
The method of claim 27, further comprising: placing a device (Fig. 1 shows a computing device 122) used to access the internet (i.e. network (.i.e. internet) 152….Para. [0024], Line 5) connection into communication with a platform (Fig. 1 shows a customer service data system 162) separate from the device (i.e. computing device 122) and geographically remote from the device (i.e. computing device 122), the communication with the platform (i.e. customer service data system 162) being over the internet (i.e. network (.i.e. internet) 152….Para. [0024], Line 5); and receiving the data from the platform (i.e. customer service data system 162) by way of the internet (i.e. network (.i.e. internet) 152….Para. [0024], Line 5) connection using the device (i.e. computing device 122) (FIG. 1 is a block diagram of an embodiment of a system 100 including a hearing aid 102 in communication with a computing device 122, and a customer service data system 162 also in communication with computing device 122. System 100 adapted to provide real-time hearing testing or hearing aid tuning by a hearing health professional, for example through a network 152…..Para. [0017], Lines 1-7); wherein the device (i.e. computing device 122) is not in communication with the platform (i.e. customer service data system 162) when the patient's hearing device is configured (The device is not in communication with the platform when the patient's hearing device is configured because the hearing aid 102 is in communication with computing device 122 via transceivers 116 and 144. A user is able to swap hearing aid profile 106 with any of hearing aid profiles 128 and to modify the settings of hearing aid profiles 128 by utilizing hearing aid application 126…..Para. [0027], Lines 1-5).
Claim Rejections - 35 USC § 103
10. 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 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.
11. 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 of this title, 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.
12. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Lee TW 201513696 (For examination purports English machine translation of Kim would be use as cited reference).
Regarding claim 14, Apfel teaches all the features with respect to claim 11 as outlined above.
Apfel teaches that the device (i.e. computing device 122) is not in signal communication with the platform (i.e. customer service data system 162) as shown in Fig. 1.
Apfel does not explicitly teach that the platform is a cloud platform.
Lee teaches that the platform is a cloud platform (Fig. 1 shows a cloud server 110) as shown in Fig. 1.
Apfel and Lee each disclose a platform. One of ordinary skill in the art could have replace the platform of Apfel with the cloud platform as taught by Lee. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the platform of Apfel with the cloud platform as taught by Lee. The motivation is to allow the users to access applications and data from anywhere, on any device, which supports remote workforces.
13. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Han et al. (hereinafter Han) US-PAT No. 9,374,647.
Regarding claim 15, Apfel teaches all the features with respect to claim 11 as outlined above.
Apfel does not explicitly teach adjustable settings include attributes of filter algorithms for noise, wind, music and speech.
Han teaches of operation mode setting that involve setting of a music mode, a speech mode, a wind mode, a speech in noise mode and the like…..Col. 6, Lines 42-48.
Apfel and Han each disclose a method of adjusting a hearing device. One of ordinary skill in the art could have integrated the adjustable settings include attributes of filter algorithms for noise, wind, music and speech of Han with the adjustable settings of Apfel to combine all of the known elements into a single device using known methods to a person of ordinary skill in the art. The resulting combined apparatus would yield predictable results of allowing the hearing device to be capable of providing sounds properly fitted to various situations and surroundings of user's daily lives. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustable settings, as taught by Apfel with the adjustable settings include attributes of filter algorithms for noise, wind, music and speech, as taught by Han. The motivation is to allow the hearing aid to be capable of providing sounds properly fitted to various situations and surroundings of user's daily lives.
14. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Kim et al. (hereinafter Kim) KR 200476657 (For examination purports English machine translation of Kim would be use as cited reference).
Regarding claim 16, Apfel teaches all the features with respect to claim 11 as outlined above.
Apfel does not explicitly teach that the patient suffers from dementia.
Kim teaches the patient is wearing the hearing device and the patient suffers from dementia.…..Pg. 3, Lines 21-23.
Apfel and Kim each disclose a hearing device. One of ordinary skill in the art could have indicate that the hearing device of Apfel can be use by a patient suffering from dementia as taught by Kim. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to indicate that the patient is wearing the hearing device and the patient suffers from dementia. The motivation is to allow the hearing device to be use to slow cognitive decline by helping patients stay socially engaged, which is beneficial for cognitive health.
15. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Kim et al. (hereinafter Kim ‘1972) US-PG-PUB No. 2014/0211972.
Regarding claim 30, Apfel teaches all the features with respect to claim 29 as outlined above.
Apfel does not explicitly teach that the wireless communication with the internet is cloud computing.
Kim ‘1972 teaches that the wireless communication with the internet is cloud computing (The server 200 communicates with the mobile terminal 100, and provides data stored in the server 200 or provides various services by using programs that are executed in the server 200. In this case, the server 200 may be a cloud server 200 but is not limited thereto…..Para. [0050] and Para. [0052]).
Apfel and Kim ‘1972 each disclose a method of adjusting a hearing device. One of ordinary skill in the art could have modify the method of adjusting the hearing device of Apfel with the wireless communication with the internet is cloud computing as taught by Kim ‘1972. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of adjusting the hearing device of Apfel with the wireless communication with the internet is cloud computing as taught by Kim ‘1972. The motivation is to allow the users to access applications and data from anywhere, on any device, which supports remote workforces.
16. Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Westermann et al. (hereinafter Westermann) US-PG-PUB No. 2017/0257713.
Regarding claim 45, Apfel teaches all the features with respect to claim 26 as outlined above.
Apfel does not explicitly teach that the hearing device is directly in communication with the internet; and the method further comprises sending the data to the hearing device via the internet or receiving the data by the hearing device via the internet using the communication with the internet.
Westermann teaches that the hearing device is directly in communication with the internet; and the method further comprises sending the data to the hearing device via the internet or receiving the data by the hearing device via the internet using the communication with the internet as shown in Fig. 2 (hearing 1 has a network connection handling element 43 transmits a connection information notification 30 over the Internet 16 to the control server 19.…..Para. [0038], Lines 1-10).
Apfel and Westermann each disclose a method of adjusting a hearing device. One of ordinary skill in the art could have modify the method of adjusting the hearing device of Apfel with the hearing prosthesis is directly in communication with the internet as taught by Westermann. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of adjusting the hearing device of Apfel with the hearing device is directly in communication with the internet as taught by Westermann. The motivation is to allow the users to access applications and data from anywhere, on any device, which supports remote workforces.
17. Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Ibaraki et al. (hereinafter Ibaraki) JP 2000152394 (For examination purports English machine translation of Ibaraki would be use as cited reference).
Regarding claim 47, Apfel teaches all the features with respect to claim 11 as outlined above.
Apfel does not explicitly teach that the patient suffers from mild hearing loss.
Ibaraki teaches that the patient suffers from mild hearing loss.…..Pg. 3, Para. [0010], Line 1.
Apfel and Ibaraki each disclose a hearing device. One of ordinary skill in the art could have indicate that the hearing device of Apfel can be use by a patient suffering from mild hearing loss as taught by Ibaraki. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to indicate that the patient is wearing the hearing device and the patient suffers from mild hearing loss. The motivation is to improve the
intelligibility of the sound without increasing the sound volume too much and compensate for hearing deterioration.
18. Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of James US-PAT No. 8,768,478.
Regarding claim 48, Apfel teaches all the features with respect to claim 26 as outlined above.
Apfel does not explicitly teach that the hearing device is a hearing prosthesis.
James teaches that a hearing device is a hearing prosthesis.…..Col. 7, Lines 1-6.
Apfel and James each disclose a hearing device. One of ordinary skill in the art could have modify the hearing device of Apfel with the hearing prosthesis as taught by James. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hearing device of Apfel with the hearing prosthesis as taught by James. The motivation is to restore hearing in individuals with severe-to-profound sensorineural deafness or conductive hearing loss, typically when traditional hearing aids are ineffective.
19. Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Wang et al. (Hereinafter Wang) US-PG-PUB No. 2014/0211973.
Regarding claim 48, Apfel teaches all the features with respect to claim 26 as outlined above.
Apfel does not explicitly teach that the action of accessing the internet is executed using a Wi-Fi router.
Wang teaches that a computing device which is able to wirelessly communicate with the hearing instrument using a Wi-Fi router..…..Para. [0020], Lines 1-5.
Apfel and Wang each disclose a hearing device. One of ordinary skill in the art could have include the Wi-Fi router as taught by Wang with the system of Apfel to accessed the internet. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Apfel with the Wi-Fi router as taught by Wang. The motivation is to use the Wi-Fi router to connect local devices such as smartphones, laptops, and hearing device to the internet and to each other over a wireless network.
Allowable Subject Matter
20. Regarding claim 43 is 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.
Conclusion
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/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694