DETAILED ACTION
Response to Amendment/Remarks
1. In response to the Non-Final Office Action on February 25, 2026, applicant has filed an amendment on June 25, 2026. Claims 11, 15-16, 19-21, 23-24, 26-27, 29, 31, 33-34, 36-43, 45, 47-49 and 51-59 are pending. Claims 1-10, 12-14, 17-18, 22, 25, 28, 30, 32, 35, 44, 46 and 50 are cancelled.
In response to the remarks regarding the drawing objection of claim 48, the previous drawing objection of claim 48 have been withdrawn.
In response to the remarks regarding the drawing objection of claims 49 and 51, the previous drawing objection of claims 49 and 51 have been withdrawn.
In response to the amendment of claim 11, the previous objections directed toward minor informalities have been withdrawn.
In response to the amendment of claim 31, the previous objections directed toward minor informalities have been withdrawn.
In response to the amendment of claim 37, the previous objections directed toward minor informalities have been withdrawn.
In response to the amendment of claim 24, the previous rejection under 35 U.S.C. 112(b) has been withdrawn.
In response to the amendment of claim 24, the previous rejection under 35 U.S.C. 102 has been withdrawn.
Response to Arguments
Applicant's arguments filed June 25, 2026 have been fully considered but they are not persuasive for the following reasons:
With respect to drawing objection of claim 11, applicant alleges that “it is impossible to show in a drawing "memory storing an application." There is no requirement to do so.” (Remarks pg. 9).
In response, Examiner disagrees. The applicant has misconstrued the drawing objection. The drawings are objected to under 37 CFR 1.83(a) because the drawings do not show the processor and memory storing an application. The drawings must show every feature of the invention specified in the claims.
With respect to claim 11, applicant alleges that Apfel does not teach that the application is for connecting to a platform and for connecting to the patient's hearing device (Remarks pgs. 10-14).
In response, Examiner disagrees. Apfel teaches that a customer service data system (i.e. platform) 162 and a hearing aid (i.e. hearing device) 102 are in communication with computing device (i.e. device) 122 via hearing aid application (i.e. application) 126 (See Para. [0017], [0027] and [0028]) as shown in Fig. 1. A hearing aid (i.e. hearing device) 102 is in communication with a computing device (i.e. device) 122 by utilizing a hearing aid application (i.e. application) because a user is able to swap the hearing aid profile with any of hearing aid profiles and to modify the settings of hearing aid profiles (Para. [0027]). A customer service data system (i.e. platform) 162 is in communication with a computing device (i.e. device) 122 by utilizing a hearing aid application (i.e. application) 126 because processor retrieves hearing health professional ID and customer ID from the hearing aid application (i.e. application) 126 and provides them to the customer service data system (i.e. platform) 162 (Para. [0028]). Note: It is respectfully submitted that Kim and claim 1 are not the cited prior art and pending claim. The cited prior art is Apfel and the pending claim is claim 11. Furthermore, Para. [0031] and [0037] cited by the applicant are not part of the of the rejection recited for claim 11.
With respect to claim 26, applicant alleges that apparatus/system of Apfel does not teach the method of claim 26 (Remarks pgs. 14-16).
In response, Examiner disagrees. The apparatus/system of Apfel teaches that the method of claim 26 because the apparatus/system of Apfel is being used in the practicing of the method claimed in claim 26 by utilizing a computing device 122 to access a network (i.e. internet…Para. [0024]) 152 and configuring a hearing aid (i.e. hearing device) 102 based on data sent over the network (i.e. internet) 152 receive the computing device 122 in communication with the hearing aid (i.e. hearing device) 102 as shown in Fig. 1 and Para. [0024]. Fig. 1 shows a block diagram of an embodiment of a system for providing real-time remote hearing aid adjustment and hearing testing by hearing health professionals via the internet.
With respect to claim 49, applicant alleges that apparatus/system of Apfel does not teach the method of claim 49 (Remarks pgs. 16-17).
In response, Examiner disagrees. The apparatus/system of Apfel teaches that the method of claim 49 because the apparatus/system of Apfel is being used in the practicing of the method claimed in claim 26 by utilizing a computing device 122 to access a network (i.e. internet…Para. [0024]) 152 and configuring a hearing aid (i.e. hearing device) 102 based on data sent over the network (i.e. internet) 152 receive the computing device 122 in communication with the hearing aid (i.e. hearing aid) 102 as shown in Fig. 1 and Para. [0017], therefore the hearing device is indirectly in communication with the internet. Para. [0027] is cited because it describe how the internet is not accessed when the hearing aid (i.e. hearing aid) 102 is configured because the hearing aid (i.e. hearing aid) 102 can be configured using the settings store in the memory of the computing device 122. Therefore, the internet is not accessed when the hearing aid (i.e. hearing aid) 102 is configured.
With respect to claim 51, applicant alleges that apparatus/system of Apfel does not teach the method of claim 51 (Remarks pgs. 18-19).
In response, Examiner disagrees. The apparatus/system of Apfel teaches that the method of claim 51 because the apparatus/system of Apfel is being used in the practicing of the method claimed in claim 26 by utilizing a computing device 122 to access a network (i.e. internet…Para. [0024]) 152 and configuring a hearing aid (i.e. hearing aid) 102 based on data sent over the network (i.e. internet) 152 receive the computing device 122 in communication with the hearing aid (i.e. hearing device) 102 as shown in Fig. 1 and Para. [0017]. Para. [0027] is cited because it describe how the internet is not accessed when the hearing aid (i.e. hearing aid) 102 is configured because the hearing aid (i.e. hearing aid) 102 can be configured using the settings store in the memory of the computing device 122. Therefore, the computing device (i.e. device) 122 is not in communication with the customer service data system (i.e. platform) 162 when the hearing aid (i.e. hearing device) 102 is configured.
With respect to claim 41, the applicant had failed to specifically point out how the language of the prior art failed to teach the claim language (Remarks pgs. 19-20). It is noted that the proposed claim language (Remarks pg. 20) not recited in the rejected claim 41. Applicant’s arguments rely on language not recited in the rejected claim 41. Thus, the applicant’s arguments are moot.
With respect to claim 40, applicant alleges that apparatus/system of Apfel does not teach the method of claim 40 (Remarks pg. 20).
In response, Examiner disagrees. The apparatus/system of Apfel teaches that the method of claim 40 because the cited Para [0014] and the overall inventive concept of Apfel describe a way for a person with a hearing aid to get remote help from a hearing health professional. The hearing health professional can view the results remotely and adjust the user’s hearing aid profile in real time without the need for in-person visits.
With respect to claim 23, applicant alleges that apparatus/system of Apfel does not teach the limitation of claim 23 (Remarks pgs. 20-22).
In response, Examiner disagrees. The apparatus/system of Apfel teaches that the limitation of claim 23 because the cited Para [0030] and the overall inventive concept of Apfel describe a way for a person with a hearing aid to get remote help in real time from a hearing health professional. The hearing health professional using the hearing aid application 126 on the computing device 122 is able to make adjustment to the users hearing aid when a connection is established as described in Para [0030].
With respect to claims 15-16, 19-21, 42 and 47, applicant traverses all rejections for reasons similar to those discussed for independent claim 11. In response, see the response directed to independent claim 11 above.
With respect to claims 27, 29, 31, 33-34, 36-39, 45 and 48-49, applicant traverses all rejections for reasons similar to those discussed for independent claim 26. In response, see the response directed to independent claim 26 above.
Applicant's arguments do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited. Further, they do not explaining how the claims avoid the references cited or distinguish from them.
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 a mobile device” recited in Claim 24; Note: It is not clear if the “device” and the “mobile device” are different elements.
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 Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claim(s) 11, 19-21, 23, 26-27, 29, 31, 33-34, 36-42, 49, 51-56 and 59 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 device (i.e. hearing aid 102) 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 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 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 device 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 device (i.e. hearing aid 102) while the device receives the data sent over the internet as show 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).
Regarding claim 38, Apfel teaches
The method of claim 36, 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).
Regarding claim 52, Apfel teaches
A system, comprising: the device of claim 42; and the patient's hearing device (i.e. hearing aid 102), wherein the device (i.e. computing device 122) including the executable application (i.e. hearing aid application 126) is local to the patient's hearing device (i.e. hearing aid 102) (The hearing aid application 126 is local to the hearing aid 102 because the hearing aid 102 is in communication with computing device 122 including the application 126 via transceivers 116 and 144…..Para. [0027], Lines 1-5).
Regarding claim 53, Apfel teaches
The device of claim 11, wherein the application (i.e. hearing aid application 126) is configured for enabling local access to hearing device settings of the patient's hearing device (i.e. hearing aid 102) stored on the patient's hearing device (i.e. hearing aid 102) (The hearing aid application 126 is local to the hearing aid 102 because the hearing aid 102 is in communication with computing device 122 including the application 126 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. The settings are stored in the hearing aid profiles 106 of the hearing aid 102 as shown in Fig. 1).
Regarding claim 54, Apfel teaches
The method of claim 26, wherein: the method is executed in a manner dependent on a location of the patient (a system and methods for remote testing of hearing loss and tuning of hearing aids by a hearing health professional are described below that allow the hearing health professional to make remote measurements and adjustments to the user's hearing aid settings in real-time (or near real-time), such as while the user is located in the problematic acoustic environment….Para. [0012], Lines 1-7).
Regarding claim 55, Apfel teaches
The method of claim 37, wherein: a healthcare professional is located remotely from the device and the hearing device; and the healthcare professional modifies the data, which is settings data, in real time based on other data obtained in real time from a patient using the hearing device, which other data obtained in real time is passed through the device (a system and methods for remote testing of hearing loss and tuning of hearing aids by a hearing health professional are described below that allow the hearing health professional to make remote measurements and adjustments to the user's hearing aid settings in real-time (or near real-time), such as while the user is located in the problematic acoustic environment. In an example, a computing device includes a transceiver configured to communicate wirelessly with a hearing aid to provide data to the hearing aid, such as an updated hearing aid profile….Para. [0012], Lines 1-10).
Regarding claim 56, Apfel teaches
The method of claim 37, wherein: a healthcare professional is located remotely from the device and the hearing device; and the healthcare professional creates the data, which is settings data, in real time based on other data obtained in real time from a patient using the hearing device, which other data obtained in real time is passed through the device (In this case the hearing health professional using interface 168 may provide commands to hearing aid 102 via computing device 122, for processor 110 to access tone generating instructions 105 and to provide the tones to speaker 114……..From the results of the hearing evaluation or hearing test the hearing health professional is able to generate a new hearing aid profile which is provided to computing device 122 and stored in hearing aid profiles 128. It should be understood, that the hearing evaluation may be taken either with or without environmental noise………Para. [0031], Line 1-30).
Regarding claim 59, Apfel teaches
The method of claim 26, further comprising: accessing the internet using a device (Fig. 1 shows a computing device 122) that is in signal communication with the hearing device (i.e. hearing aid 102) as shown in Fig. 1 (Computing device 122 further includes a network interface 146 configured to communicate data and/or audio with customer service data system 162 through a network 152, such as the Internet….Para. [0024], Lines 1-5); enabling remote access to hearing device settings of the patient's hearing device stored on the patients hearing device using an application stored on the device that is in signal communication with the hearing device while the device used to access the internet is local to the 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).
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Claims 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Apfel in view of Mangold US-PAT No. 4,989,251.
Regarding claim 57, Apfel teaches all the features with respect to claim 26 as outlined above. Apfel teaches accessing the internet using a device (Fig. 1 shows a computing device 122) that is in signal communication with the hearing device (i.e. hearing aid 102) as shown in Fig. 1 (Computing device 122 further includes a network interface 146 configured to communicate data and/or audio with customer service data system 162 through a network 152, such as the Internet….Para. [0024], Lines 1-5).
Apfel does not explicitly teach sending a read command to the hearing device by way of the device; and retrieving data from the hearing device as a result of the read command by way of the device.
Mangold teaches when the host computer 25 sends a command to the interface unit, it sends either a "hearing aid (HA) write" command or a "hearing aid (HA) read" command, along with a designation of either the left or right hearing aid port 118 or 120..…..Col. 7, Lines 56-60.
Apfel and Mangold each disclose a hearing device. One of ordinary skill in the art could have modify the hearing device of Apfel with the hearing device as taught by Mangold. 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 Mangold as taught by Mangold. The motivation is to program the hearing device with the sent reading commands.
Regarding claim 58, the combination of Apfel and Mangold teach all the features with respect to claim 57 as outlined above. Apfel teaches communicating the data retrieved from the hearing device to a location remote from the device used to access the internet; evaluating the data from the hearing device at a location remote from the hearing device and the device used to access the internet; developing the data sent over the internet to the hearing device based on the evaluation of the data from the hearing device; sending the data sent over the internet to the device used to access the internet; and transferring the data sent over the internet to the hearing device by way of the device used to access the internet, hereby configuring the hearing device based on data from the internet (a system and methods for remote testing of hearing loss and tuning of hearing aids by a hearing health professional are described below that allow the hearing health professional to make remote measurements and adjustments to the user's hearing aid settings in real-time (or near real-time), such as while the user is located in the problematic acoustic environment. In an example, a computing device includes a transceiver configured to communicate wirelessly with a hearing aid to provide data to the hearing aid, such as an updated hearing aid profile. As used herein, the term "hearing aid profile" refers to a collection of parameters and coefficients that can be applied by a processor of the hearing aid to process sounds to produce a modulated output signal that compensates for the user's hearing impairment. The computing device can be a phone, personal digital assistant, or other portable electronic device, which is configurable to communicate through a network with a remote customer service data system that can be operated by a hearing health professional…..Para. [0012], Lines 1-19).
Allowable Subject Matter
16. Regarding claims 24 and 43 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 ANGELICA M MCKINNEY whose telephone number is (571)270-3321. The examiner can normally be reached 7AM-3PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANGELICA M MCKINNEY/Primary Examiner, Art Unit 2694
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