DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102
(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) 21-24, 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ball et al. (WO 2014/039743).
Ball et al. discloses;
21.
A bone conduction hearing aid comprising:
E.G. via the disclosed external component 201 for a transcutaneous auditory prosthetic fixable beneath the skin to underlying skull bone 218 {[0007], [0015] & (Fig 2)}.
at least one microphone configured to receive audio;
E.G via the disclosed sensing microphone 207 {[0014] & [0017]
a transmitter configured worn on a user's ear, wherein the transmitter is associated with the at least one microphone and configured to transmit power or data, based on the audio, a wireless transcutaneous link, and wherein the transmitter is an open toroid including a first end spaced from a second end; wherein the transmitter comprises a transmitter coil configured to generate a magnetic field at least between the first end and the second end.
E.G. via the disclosed external main lobe and other main lobes that contains an audio signal processor magnetically coupled to a signal transducer 203 and a drive coil 204 that provides an externally generated magnetic audio signal to couple a mechanical stimulation signal to the skull bone for delivery by bone conduction as an audio signal to the cochlea ([0014]-[0015] & (Fig 2)}.
22.
The bone conduction hearing aid of claim 21, wherein the transmitter is configured to transmit power and data over a wireless transcutaneous link.
E.G. via the disclosed signal processor receiving a microphone signal that generates a corresponding electrical stimulation signal output used to produce a mechanical stimulation signal [0017].
23.
The bone conduction hearing aid of claim 21, wherein the transmitter comprises an electronic unit operationally coupled to the transmitter coil.
E.G. via the disclosed signal processor 305 that is coupled to the drive coil 204.
24.
The bone conduction hearing aid of claim 21, wherein the transmitter further comprises a fixation element on the first end configured to pierce the user's ear.
E.G. via the disclosed external connector member 217 that flexibly connects and positions the external attachment magnets 208 over the skin 205 {[0015] & (Fig 2)}.
*Note that the examiner is interpreting the external attachment connector member and magnet as being capable of piercing the user’s ear and therefore can provide the claimed fixation element configured to pierce the user’s ear.
27.
The bone conduction hearing aid of claim 21, wherein the transmitter is configured to be removable from the user's ear.
E.G. via the disclosed use of the external connector and magnet 208 [0015].
28.
The bone conduction hearing aid of claim 21, further comprising an implantable receiver configured to be implanted in the user, wherein the implantable receiver comprises a receiver coil configured to receive the power or the data over the wireless transcutaneous leak via the magnetic field, and a vibrator, wherein the vibrator is configured vibrate based on the audio.
E.G. via the disclosed implantable attachment magnet 202 fixable beneath the skin and the implantable signal transducer 203 {[0015], [0018] & (Fig 2)}, wherein said elements are further configured to develop magnetic drive signals through the skin to the implanted signal transducers to generate responsive vibrations of said transducer [0019].
29.
The bone conduction hearing aid according to claim 28, wherein at least one turn of the transmitter coil is non-parallel to the receiver coil.
E.G. via the disclosed drive coils configured to generate drive signals in opposing magnetic directions and/or other specific magnetic orientation arrangements to generate said responsive vibration signals through the skin ([0019]-[0020]).
30.
The bone conduction hearing aid according to claim 28, wherein a space between the first end and the second end is configured to be positioned within a loop of the receiver coil.
E.G. ([0019]-[0020]).
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) 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ball et al. (WO 2014/039743) in view of one having ordinary skill in the art.
Ball et al. discloses an external drive coil 204 that is magnetically coupled to a signal processor and an implantable transducer in order to produce a magnetic audio signal which is coupled across the skin to said implanted transducer except wherein said drive coil and implantable transducer have a coupling coefficient of at least 0.5 and/or of at least 0.6. It would have been obvious to one having ordinary skill in the art at the time the invention was made to utilize a coupling coefficient of at least 0.5 and/or of at least 0.6 between the external driver coil and the implanted transducer since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ball et al. (WO 2014/039743) in view of one having ordinary skill in the art.
Ball et al. discloses the use of external electromagnetic drive coils that are magnetically coupled to the an implantable transducer in order to conduct electrical current to develop magnetic drive signals through the skin to said transducer via said drive coils being constructed of a magnetic material ([0018]-[0019] except wherein said electromagnetic drive coils are a magnetic material having a magnetic permeability of at least 10 and/or at least 1000. It would have been obvious to one having ordinary skill in the art at the time the invention was made to utilize electromagnetic drive coils that are a magnetic material having a magnetic permeability of at least 10 and/or at least 1000 since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Allowable Subject Matter
Claims 25-26, 31-32 and 35 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, as cited above, fails to disclose, suggest and/or teach the claimed invention having a bone conduction hearing aid wherein the transmitter comprises a fixation element on a first end and a second end configured to pierce and sandwich the user’s ear, said first and second ends further comprising a slit as defined by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796