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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-22 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20, 22-23 of Patent 11962979. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 1, 8, and 19 of Patent 11962979 teaches all the limitations in the claims 1, 8 and 19 of instant application because the claims are obvious variants of each other.
Claims of Patent 11962979:
2 reads on dependent claim 2 of the instant application
3 reads on dependent claim 3 of the instant application
4 reads on dependent claim 4 of the instant application
5 reads on dependent claim 5 of the instant application
6 reads on dependent claim 6 of the instant application
7 reads on dependent claim 7 of the instant application
9 reads on dependent claim 9 of the instant application
10 reads on dependent claim 10 of the instant application
11 reads on dependent claim 11 of the instant application
12 reads on dependent claim 12 of the instant application
13 reads on dependent claim 13 of the instant application
14 reads on dependent claim 14 of the instant application
15 reads on dependent claim 15 of the instant application
16 reads on dependent claim 16 of the instant application
17 reads on dependent claim 17 of the instant application
18 reads on dependent claim 18 of the instant application
20 reads on dependent claim 20 of the instant application
22 reads on dependent claim 21 of the instant application
23 reads on dependent claim 22 of the instant application
Patent 11962979
Instant Application 18/602715
1. An apparatus comprising: a support configured to be worn on a body portion of a recipient and to hold at least one device on the body portion, the at least one device configured to provide information to the recipient, the support configured to generate a force that presses against the body portion, to receive control signals from control circuitry, and to actively adjust the force in response to the control signals while the support is worn by the recipient.
8. An apparatus comprising: an elongate body configured to be worn by a recipient; circuitry configured to provide control signals; and at least one actuator configured to, in response to the control signals, adjust at least one of a length and a shape of the elongate body without handling or hand-operated adjustment of the at least one actuator.
19. A method comprising: providing at least one device configured to be worn on a portion of a recipient and to provide information to the recipient; and in response to control signals generated by the at least one device, while the at least one device is worn on the portion, modifying a static component of a force applied by the at least one device to the recipient.
1. An apparatus comprising: a support configured to be worn on a body portion of a recipient and to hold at least one device on the body portion, the at least one device configured to provide information to the recipient, the support configured to adjust a fit of the apparatus to the recipient, to receive control signals from control circuitry, and to actively adjust the fit in response to the control signals while the support is worn by the recipient.
8. An apparatus comprising: an elongate body configured to be worn by a recipient; circuitry configured to provide control signals; and at least one actuator configured to, in response to the control signals, adjust at least one dimension of the elongate body without handling or hand-operated adjustment of the at least one actuator.
19. A method comprising: providing at least one device configured to be worn on a portion of a recipient and to provide information to the recipient; and in response to control signals generated by the at least one device, while the at least one device is worn on the portion, modifying a fit of the at least one device to the recipient.
Claims 1-2, 8-22 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 4-6, and 15-22 of Patent 11653160. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 4, 10, and 21 of Patent 11653160 teaches all the limitations in the claims 1, 8 and 19 of instant application because the claims are obvious variants of each other. Note that claims 4, 10 and 21 of Patent 11653160 does not explicitly claim “body portion,” however a recipient’s head is also considered a body portion. Therefore, claims 4, 10 and 21 of Patent 11653160 still teaches claims 1, 8 and 19 of the instant application.
Dependent claims of Patent 11653160:
4 reads on dependent claims 2, 9-10, 21 of the instant application
6 reads on dependent claim 12 of the instant application
15 reads on dependent claim 13 of the instant application
16 reads on dependent claim 14 of the instant application
17 reads on dependent claim 15 of the instant application
18 reads on dependent claim 16 of the instant application
19 reads on dependent claim 17 of the instant application
20 reads on dependent claim 18 of the instant application
22 reads on dependent claim 20 of the instant application
5 reads on dependent claim 22 of the instant application
Patent 11653160
Instant Application 18/602715
1. An apparatus comprising: a support configured to be worn on a head of a recipient and to hold at least one device on the head, the at least one device configured to provide information to the recipient, the support configured to generate a force that presses against the head and to actively adjust the force while the support is worn by the recipient.
4. The apparatus of claim 1, wherein the support is configured to actively adjust the force in response at least in part to at least one operational condition detected while the support is worn by the recipient.
10. An apparatus comprising: a structure configured to be worn on a head of a recipient and to provide information to the recipient, the structure comprising at least one adjustment mechanism configured to, in response to control signals, adjust at least one of a length and a shape of the structure without handling or hand-operated adjustment of the at least one adjustment mechanism.
21. A method comprising: providing at least one device configured to be worn on a head of a recipient and to provide information to the recipient; and in response to control signals, while the at least one device is worn by the recipient, modifying a static component of a force applied by the at least one device to the head.
1. An apparatus comprising: a support configured to be worn on a body portion of a recipient and to hold at least one device on the body portion, the at least one device configured to provide information to the recipient, the support configured to adjust a fit of the apparatus to the recipient, to receive control signals from control circuitry, and to actively adjust the fit in response to the control signals while the support is worn by the recipient.
8. An apparatus comprising: an elongate body configured to be worn by a recipient; circuitry configured to provide control signals; and at least one actuator configured to, in response to the control signals, adjust at least one dimension of the elongate body without handling or hand-operated adjustment of the at least one actuator.
19. A method comprising: providing at least one device configured to be worn on a portion of a recipient and to provide information to the recipient; and in response to control signals generated by the at least one device, while the at least one device is worn on the portion, modifying a fit of the at least one device to the recipient.
Claims 1-2, 8-12, and 20-22 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 3, 8-11, and 19-20, and 22-23 of Patent 11330381. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 3, 8, and 19 of Patent 11330381 teaches all the limitations in the claims 1, 8 and 19 of instant application because the claims are obvious variants of each other. Note that claims 3, 8, and 19 of Patent 11330381 not explicitly claim “body portion,” however a recipient’s head is also considered a body portion. Therefore, claims 3, 8, and 19 of Patent 11330381 still teaches claims 1, 8 and 19 of the instant application.
Claims of Patent 11330381:
8 reads on dependent claims 9-10 of the instant application
9 reads on dependent claims 11 of the instant application
11 reads on dependent claims 12 of the instant application
20 reads on dependent claims 20 of the instant application
22 reads on dependent claims 21 of the instant application
23 reads on dependent claims 22 of the instant application
Patent 11330381
Instant Application 18/602715
1. An apparatus comprising: a support configured to be worn on a head of a recipient and to hold at least one bone conduction device next to the recipient's skull, the at least one bone conduction device providing auditory stimulation to the recipient, the support configured to generate a force that presses against the head and to actively adjust the force while the support is worn by the recipient.
3. The apparatus of claim 1, wherein the support is configured to actively adjust the force in response at least in part to operational conditions detected while the support is worn by the recipient.
7. An apparatus comprising: a structure configured to be worn on a head of a recipient and to press at least one bone conduction actuator against the head such that vibrations generated by the at least one bone conduction actuator are transmitted through skin of the recipient at a location where the skin covers a temporal bone of the recipient, the structure comprising at least one adjustment mechanism configured to adjust at least one of a length and a shape of the structure without mechanical manipulation of the at least one adjustment mechanism.
8. The apparatus of claim 7, wherein the at least one adjustment mechanism is configured to adjust the at least one of a length and a shape of the structure in response to control signals generated while the structure is worn by the recipient.
19. A method comprising: providing at least one vibration generator configured to be worn on a head of a recipient and to transmit vibrations indicative of auditory information; and in response to control signals, while the at least one vibration generator is worn by the recipient, modifying a static component of a force applied by the at least one vibration generator to the head.
1. An apparatus comprising: a support configured to be worn on a body portion of a recipient and to hold at least one device on the body portion, the at least one device configured to provide information to the recipient, the support configured to adjust a fit of the apparatus to the recipient, to receive control signals from control circuitry, and to actively adjust the fit in response to the control signals while the support is worn by the recipient.
8. An apparatus comprising: an elongate body configured to be worn by a recipient; circuitry configured to provide control signals; and at least one actuator configured to, in response to the control signals, adjust at least one dimension of the elongate body without handling or hand-operated adjustment of the at least one actuator.
19. A method comprising: providing at least one device configured to be worn on a portion of a recipient and to provide information to the recipient; and in response to control signals generated by the at least one device, while the at least one device is worn on the portion, modifying a fit of the at least one device to the recipient.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9, 11-14, 16-17 and 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bannister (US 9839553).
Regarding claim 1, Bannister teaches An apparatus comprising: a support configured to be worn on a body portion of a recipient (Bannister Figure 1 and Col 4 lines 20-33, “body brace 12 is adapted to be wrapped around the trunk of a patient”) and to hold at least one device on the body portion (Bannister Figures 1-2 pressure sensors 60-61 and Col 7 lines 49-51 “accelerometer”), the at least one device configured to provide information to the recipient (Bannister Col 8 lines 1-25, “the user may want to share his or her information with other network users” and The patient's personal computer 52 includes hardware, software, and/or firmware generally operative to (1) receive recorded data from the orthotic device 10“), the support configured to adjust a fit of the apparatus to the recipient (Bannister Figure 1 and Col 4 lines 20-33, “means for automatically tightening the brace”), to receive control signals from control circuitry (Bannister Col 5 lines 15-35, “under directions from the microprocessor 38 is able to provide both direction control and speed control for tightening or loosening the brace 10”), and to actively adjust the fit in response to the control signals while the support is worn by the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 2, Bannister teaches wherein the support comprises at least one actuator configured to generate and actively adjust the fit (Bannister figure 1, motor 22).
Regarding claim 3, Bannister teaches wherein the control circuitry comprises one or more sensors configured to generate the control signals in response at least in part to at least one operational condition detected by the one or more sensors while the support is worn by the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 4, Bannister teaches wherein the at least one operational condition comprises movement of the body portion (Bannister Col 7 lines 42-55, “accelerometer”).
Regarding claim 5, Bannister teaches wherein the at least one operational condition comprises location of the recipient and/or time of day (Bannister Col 7 lines 25-33, “hour-by-hour history of use of the brace, along with the associated tension).
Regarding claim 6, Bannister teaches wherein the at least one operational condition comprises input received from the recipient (Bannister Col 6 lines 9-10, “if a patient takes the brace 10 off,” Col 7 lines 1-5, “changes can be implemented by user command”).
Regarding claim 7, Bannister teaches wherein the support comprises one or more flexible sections configured to be elastically deformed (Bannister figure 1, cable 16), and the support is configured to actively adjust the fit by modifying an elastic deformation of the one or more flexible sections (Bannister Col 4 lines 50-55, “The motor 22 thus reels the cable 16 in or out to determine the cable’s operative length”).
Regarding claim 8, Bannister teaches An apparatus comprising: an elongate body configured to be worn by a recipient (Bannister Figure 1 and Col 4 lines 20-33, “body brace 12 is adapted to be wrapped around the trunk of a patient”); circuitry configured to provide control signals (Bannister Col 5 lines 15-35, “under directions from the microprocessor 38 is able to provide both direction control and speed control for tightening or loosening the brace 10”); and at least one actuator (Bannister figure 2, electric motor 22) configured to, in response to the control signals, adjust at least one dimension of the elongate body without handling or hand-operated adjustment of the at least one actuator (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 9, Bannister teaches wherein the control signals are generated while the apparatus is worn by the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 11, Bannister teaches wherein the circuitry is configured to receive the control signals and to provide the control signals to the at least one actuator (Bannister Col 5 lines 15-35, “under directions from the microprocessor 38 is able to provide both direction control and speed control for tightening or loosening the brace 10”).
Regarding claim 12, Bannister teaches wherein the control signals are generated in response to one or more of the following: motion of the recipient (Bannister Col 7 lines 42-55, “accelerometer”), location of the recipient, time of day, category of information transmitted by the vibrations, input received from the recipient.
Regarding claim 13, Bannister teaches wherein the elongate body comprises one or more flexible portions configured to be elastically deformed (Bannister figure 1, cable 16) when the elongate body is worn (Bannister Col 4 lines 50-55, “The motor 22 thus reels the cable 16 in or out to determine the cable’s operative length”), a first end portion configured to press against a first site on the recipient, and a second end portion configured to press against a second site on the recipient (Bannister figure 1, Col 4 lines 20-25, “body brace12 is adapted to be wrapped around the trunk of a patient,” first end can where the cables 16 are and the second end can be where fasteners 14 are).
Regarding claim 14, Bannister teaches wherein the at least one actuator is positioned along the elongate body between the first end portion and the second end portion (Bannister figure 1, motor 22).
Regarding claim 16, Bannister teaches wherein the structure further comprises an elastic band configured to wrap around a portion of the recipient (Bannister figure 1, Col 4 lines 20-25, “body brace12 is adapted to be wrapped around the trunk of a patient,”) and the at least one actuator is configured to adjust a tension force of the elastic band (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 17, Bannister teaches wherein the at least one actuator is selected from the group consisting of: at least one piezoelectric element, at least one hydraulic element, at least one pneumatic element, and at least one motor (Bannister figure 1, motor 22).
Regarding claim 19, Bannister teaches A method comprising: providing at least one device configured to be worn on a portion of a recipient (Bannister Figure 1 and Col 4 lines 20-33, “body brace 12 is adapted to be wrapped around the trunk of a patient”) and to provide information to the recipient (Bannister Col 8 lines 1-25, “the user may want to share his or her information with other network users” and The patient's personal computer 52 includes hardware, software, and/or firmware generally operative to (1) receive recorded data from the orthotic device 10“); and in response to control signals (Bannister Col 5 lines 15-35, “under directions from the microprocessor 38 is able to provide both direction control and speed control for tightening or loosening the brace 10”) generated by the at least one device, while the at least one device is worn on the portion, modifying a fit of the at least one device to the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 20, Bannister teaches generating the control signals at least in part in response to input received from the recipient (Bannister Col 6 lines 9-10, “if a patient takes the brace 10 off,” Col 7 lines 1-5, “changes can be implemented by user command”).
Regarding claim 21, Bannister teaches detecting one or more conditions of operation of the at least one device; and generating the control signals at least in part in response to the detected one or more conditions of operation (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 22, Bannister teaches wherein the detected one or more conditions of operation comprise motion of the portion (Bannister Col 7 lines 42-55, “accelerometer”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bannister (US 9839553) in view of Nagisetty (US 2018/0204426).
Regarding claim 10, Bannister does not explicitly teach wherein the at least one actuator comprises the circuitry.
Nagisetty teaches wherein the at least one actuator comprises the circuitry (Nagisetty figure 2, circuit 145 and actuator 160 are in the same device 100).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the known technique of Nagisetty to improve the known apparatus of Bannister to achieve the predictable result of a more portable device using a reduced number of components.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if 1) a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action and 2) rewritten in independent form including all of the limitations of the base claim and any intervening claims because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “wherein the at least one actuator is positioned equidistantly between the first end portion and the second end portion” in combination with all other limitations in the claim(s) as defined by the applicant.
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if 1) a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action and 2) rewritten in independent form including all of the limitations of the base claim and any intervening claims because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitation of “at least one hinge configured to open and close in response to the at least one actuator expanding or contracting” in combination with all other limitations in the claim(s) as defined by the applicant.
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693