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 .
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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Solum (US20150036853A1) in view of Lunnar et al (US 20170180882) in further view of Tain, Wei (CN 102572335A).
As to Claim 1, Solum teaches a sound receiver watch (100)( remote device such as smart watch, abstract) for non-surgical hearing aid( hearing aid, abstract) comprising a body detachably connected to the wrist band (the device 10 comprises a housing 11 attached to straps 16 that may be wrapped around a user's wrist, Figure 1, [0010]), said body accommodated with a main circuit( the housing 11 contains a processing circuitry, [0010], Figure 1, 2) powered with the battery (106) placed inside the body( implicitly teach a smart watch including a battery to operate); said main circuit having inbuilt sound processor( [0011] Processing circuitry 340 may include a processor and associated memory and is interfaced to a radio transceiver 310. The processing circuitry is interfaced to a user input device 305 for receiving commands from the user such as selection of audio information to be transmitted to the hearing aid, hearing aid status inquiries, and hearing aid parameter setting command.) connected to a microphone (102) module being capable to process the sound (The remote device may also incorporate an internal or external microphone shown as microphone 380 interfaced to the processing circuitry 340. [0011], Figure 2), a transmitter ( radio transceiver 310), [0011]) being capable to transmit said processed sound to said hearing aid device( [0011] teaches ser such as selection of audio information to be transmitted to the hearing aid, hearing aid status inquiries, and hearing aid parameter setting command, plurality of buttons to access the functions of said watch( a user input device 305 for receiving commands from the user such as selection of audio information to be transmitted to the hearing aid,[0011] and [0007] The watch-type device may also be equipped with buttons for the purpose of controlling such functions as playback, volume, and program selection. Solum further teaches a touch screen digital display for the purpose of altering the functions via "soft keys" on the face of the watch. [0007] but does not explicitly teach” on/off slider switch”. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to equip a slider on/off button such as a touch “soft key” to alter the functions including turning the watch on and off. Solum further teaches an touch enabled display placed on the top side (105) of said body being connected to a microprocessor and said control circuit( the watch-type device may have a touch screen digital display for the purpose of altering the functions via "soft keys" on the face of the watch.[0007] and display 15, Figure 1, 2) and [0010] teaches The processing circuitry is interfaced to a display 15 on the face of the housing 11 for displaying information to the user. A user input 12 is also provided on the face of housing and interfaced to the processing circuitry for receiving user commands. The user input may be, for example, one or more buttons.); a sort-distance wireless communication module being capable to provide the connectivity to said watch (The watch may include an AM or FM radio (digital or analog type) as well as a WiFi or Bluetooth connections to the internet for the purpose of streaming internet radio or other audio available from the internet. [0007], [0008]). Solum does not explicitly teach, the watch includes “ sound processor connected to a plurality of microphones” and USB charging port (103) located on said body, provided to charge said watch (100) battery (106) to operate the same. However, smart devices including a microphone array are well known in the art. Lunner in related field (a remote controller for hearing aid) teaches an auxiliary device which comprises a remote controlling functionality for operating a hearing aid can be a smartphone or a smart watch. See at least [0041], where the auxiliary device includes a user interface and a microphone array for enabling beamforming to steer the selective acoustic processing towards the desired source within a scene. See at least Lunner on [0111]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify Solum such that the smart watch includes an array of microphone for improved sound processing. Solum in view of Lunner does not explicitly teach: USB charging port (103) located on said body, provided to charge said watch (100) battery (106) to operate the same. However, Wei, Tian in related field (smart watch) teaches on [0045] a USB interface 50 on the side of the watch main body, an earphone jack 60 and a charging indicator light 70. Further, on [0046] teaches the shell of the watch body, and may further comprise a power management and control chip, capable of supplying power to the system through the power management and control chip. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the watch such that it also includes a USB interface on the watch main body to conveniently charge the smart watch and the hearing aid device. Solum in view of Lunner in further view of Wei, Tian teaches wherein, said watch (100) dissemble as a transmitter and transmit the processed sound to said hearing aid device, (Solum on [0015] teaches the processing circuitry 340 of the remote device is configured to perform hearing loss compensation processing on audio signals prior to their being transmitted to the hearing aid for playback.), said sound being bypass and received to the cochlea directly through the hearing aid device (Lunnar teaches the hearing aid comprises an output unit for providing a stimulus perceived by the user as an acoustic signal based on a processed electric signal. In an embodiment, the output unit comprises a number of electrodes of a cochlear implant, [0024]).
As to Claim 2, Solum in view of Lunner in view of Tian, Wei further teaches the limitations of Claim 1, and wherein said band compatible with said hearing aid device which is bone conduction hearing aid device which transferred the sound to cochlea without entering in-ear canal, Solum teaches a hearing aid wireless control is a watch, [0007] and where hearing aids includes but not limited to, cochlear implant type hearing devices, hearing aids, such as behind-the-ear (BTE), in-the-ear (ITE), in-the-canal (ITC), or completely-in-the-canal (CIC) type hearing aids. [0017].
As to Claim 3, Solum in view of Lunner in view of Tian, Wei further teaches the limitations of Claim 1, and regarding the following: wherein said watch (100) further comprising at least one LED indicator (104) provided as indicator for the plurality of functions of said watch, Tian, Wei on [0045] a USB interface 50 on the side of the watch main body, an earphone jack 60 and a charging indicator light 70, where the charging indicator light 70 can be used to prompt user when charging is finished.
As to Claim 4, Solum in view of Lunner in view of Tian, Wei further teaches the limitations of Claim 1, and wherein said watch (100) operated as individual sound processor and so reduce the effects of noise, Lunner teaches an auxiliary device which can be a smart watch to control a remote hearing aid [0041] includes microphone array to processed sounds and steer selective acoustic processing towards the desired source and targets to improve SN, [0111],[0112]).
As to Claim 5, Solum in view of Lunner in view of Tian, Wei further teaches the limitations of Claim 1, and regarding the following wherein said body being capable to detach from a wrist band, wherein said body independently functioned as the sound processor and transfer said processed sound to said bone conduction hearing aid device, Tian, Wei teaches the watch body 10 provided with sound processing module, Figures 1-3, abstract and watch band 80 that is used to be worn on the wrist of the user, thus teaching the watch body independently used as a sound processor and a USB interface 50, an earphone jack 60 and a charging indicator light 70, and it is convenient to users through USB interface 50 to watch the television and computer and so on are communicating between devices. [0047]. Further, Lunner teaches on Figure 15, the processed sound (beamforming and other sound processing) in the auxiliary device, [0045], [0111], [0112]) is wirelessly transferred to the hearing aid HD, where HD can be a bone conduction hearing aid (the output transducer comprises a vibrator for providing the stimulus as mechanical vibration of a skull bone to the user (e.g. in a bone-attached or bone-anchored hearing device, [0024]).
As to Claim 6, Solum in view of Lunner in view of Tian, Wei further teaches the limitations of Claim 1, and regarding the following: wherein said plurality of microphone (102) array , Lunner teaches microphone system including beamforming filtering , [0154] being capable to receive the sound from 360 degree( omni-directional, [0154])) and said sound in the watch being capable to generate sound for better user experience and noise removal ( improve signal to noise ratio. See at least [0112]).
Response to Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive. Regarding Claim 1, the applicant asserts that “ .. Solum is directed to a wrist-worn remote control and/or audio streaming device for a hearing aid, and not to a sound receiver watch as claimed. In Solum, the device is configured to control hearing aid parameters and optionally stream selected audio content to the hearing aid. In contrast, the present invention is directed to a device that captures environmental sound through one or more microphones, processes the sound using an onboard sound processor, and transmits the processed sound to a hearing aid device. This functional distinction is fundamental, as the claimed invention operates as a primary sound acquisition and processing system, whereas Solum merely operates as a control or streaming interface… While Solum does disclose wireless communication with a hearing aid, such communication is limited to control signals or preselected audio streams. There is no disclosure or suggestion that the device transmits real-time processed environment sound captured by the watch itself.” See at least page 2 of the arguments. The examiner respectfully disagrees. MPEP 2114 Apparatus and Article claims-Functional language [R-07.2015] -II. States that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. In the instant case, prior art to Solum (US20150036853A1) teaches all components and their recited function of the sound receiver watch. The function of the claimed smart watch as an environmental sound receiver and processor does not differentiate it from Solum’s processing circuitry and microphone module since the claimed smart watch does not recite that the microphone is used as a dedicated environmental sound receiver for hearing enhancement nor the claim is reciting the processing circuity is configured to process the environmental sound for transmission to the hearing aid. Further, “ ... the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus as disclosed in MPEP2114 above”.
Further, regarding Lunner (US 20170180882), the applicant asserts that,
“To address the absence of a plurality of microphones or a microphone array in Solum, the Examiner relies on Lunner. However, Lunner is directed to hearing devices and related auxiliary systems involving signal sensing and processing within the hearing aid context. Although Lunner may disclose microphone arrays and beamforming techniques, these features are implemented within hearing aid systems or closely associated devices, not within a smartwatch configured as a standalone sound receiver and processor. The proposed combination would require a substantial modification of Solum's device, effectively transforming it from a remote control into a primary sound acquisition system. Such modification is not supported by any teaching or suggestion in the cited references and appears to be based on hindsight reconstruction. The examiner respectfully disagrees. Lunner teaches “an auxiliary device which comprises a remote controlling functionality for operating a hearing aid can be a smartphone or a smart watch. See at least [0041], [0040] where the auxiliary device includes a user interface and a microphone array...” Thus, Lunner teaches the microphone arrays within a smartphone and or smart watch is well-known.
Regarding Tain, Wei (CN102572335), the applicant on page 3 of the arguments agrees that addition of the well-known USB port is a routine design construction and the presence of a charging interface does not contribute to the unique functional features of the claimed invention, particularly the role of the watch as an environmental sound receiver and processor. See the examiner’s explanation for Solum above. The examiner asserts that the combination of Solum, Lunner and Wei teaches all the limitations of Claim 1 and thus the rejection under 35 U.S.C 103 is maintained.
2. Regarding claim 2, the applicant asserts that “..While Lunner may refer generally to different types of hearing devices, including bone conduction devices, none of the references disclose or suggest a smartwatch that functions as an external sound processor specifically configured for use with a bone conduction hearing aid as claimed. The present invention enables transmission of processed sound in a manner that bypasses the ear canal and facilitates direct perception via bone conduction, which is not taught or suggested in the cited references.” See at least page 4. The examiner respectfully disagrees. Lunner teaches the wireless control is a watch [0007] and the hearing aids can be a cochlear implant type hearing aid including different types of well- known hearing aids [0017], further Lunner teaches bone conduction hearing aid controlled by a smart watch which is an auxiliary device, [0040], [0041] and [0024]. Also, Lunner teaches on Figure 15, the processed sound (beamforming and other sound processing) in the auxiliary device, [0045], [0111], [0112]) is wirelessly transferred to the hearing aid HD, where HD can be a bone conduction hearing aid (the output transducer comprises a vibrator for providing the stimulus as mechanical vibration of a skull bone to the user (e.g. in a bone-attached or bone-anchored hearing device, [0024]).
3. Regarding Claim 3, the applicant asserts that the LED indicator in the present invention is associated with functional states of the sound receiver watch, which operates within a hearing assistance system. In any event, this feature does not overcome the deficiencies of the primary references. See at least page 4. The examiner respectfully disagrees. See the examiner’s arguments to Claim 1.
4. Regarding Claim 4, the applicant asserts that as discussed above, Lunner's teachings are confined to hearing aid systems and do not extend to a smartwatch functioning as an independent sound processing device. The claimed invention shifts the focus of sound processing from the hearing aid to the wearable watch which is neither taught nor suggested by the cited references. See at least pages 4 and 5. The examiner respectfully disagrees. Lunner teaches the wireless control is a watch [0007] and the hearing aids can be a cochlear implant type hearing aid including different types of well- known hearing aids [0017], further Lunner teaches bone conduction hearing aid controlled by a smart watch which is an auxiliary device, [0040], [0041] and [0024].
5. Regarding Claim 5, the applicant asserts that Examiner asserts that Tian teaches a detachable watch body and that Lunner teaches transmission of processed sound to a hearing aid. Applicant respectfully submits that Tian does not disclose a detachable watch body that independently functions as a sound processor for capturing and processing environmental sound. The claimed feature requires that the watch body itself operates as a standalone sound processing unit, which is not taught or suggested by the cited references. See at least page 5. The examiner respectfully disagrees. Tian, Wei teaches the watch body 10 provided with sound processing module, Figures 1-3, abstract and watch band 80 that is used to be worn on the wrist of the user, thus teaching the watch body independently used as a sound processor and a USB interface 50, an earphone jack 60 and a charging indicator light 70, and it is convenient to users through USB interface 50 to watch the television and computer and so on are communicating between devices. [0047]. Further, Lunner teaches on Figure 15, the processed sound (beamforming and other sound processing) in the auxiliary device, [0045], [0111], [0112]) is wirelessly transferred to the hearing aid HD, where HD can be a bone conduction hearing aid (the output transducer comprises a vibrator for providing the stimulus as mechanical vibration of a skull bone to the user (e.g. in a bone-attached or bone-anchored hearing device, [0024]).
6. With respect to Claim 6, the Examiner relies on Lunner for a microphone array capable of receiving sound from multiple directions and improving signal-to-noise ratio. However, Lunner does not disclose or suggest integrating such a microphone array within a smartwatch configured as a primary environmental sound receiver for a hearing aid system. The claimed combination of features remains absent from the cited art. See at least page 5. The examiner respectfully disagrees. Lunner teaches on Figure 15, the processed sound (beamforming and other sound processing) in the auxiliary device, [0045], [0111], [0112]) is wirelessly transferred to the hearing aid HD, where HD can be a bone conduction hearing aid (the output transducer comprises a vibrator for providing the stimulus as mechanical vibration of a skull bone to the user (e.g. in a bone-attached or bone-anchored hearing device, [0024]). Also, see the rejection above. The rejection of claims 1-6 is therefore maintained.
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 SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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