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 § 103
1.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.
2. Claim(s) 1, 3-6, 8-12, 14-15, 17, 18-19 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moller et al. (US 20180192211) in view of ANDERSSON et al. (US 20150110322) and further in view of Westerkull et al. (US 20170208404).
Regarding claim 1, Moller discloses a flexible conductive hearing aid, comprising: {i } a flexible substrate (Paragraphs: 0032 and 0066: Moller discusses flexible substrate at the ear of a hearing aid), (ii) components, on or in the flexible substrate (Paragraph: 0032: a flexible substrate), including {a} a microphone, configured to produce an electrical signal from sound (Paragraphs: 0055 and 0057-0058: Moller discusses how a hearing aid with a microphone behind the ear leading an electrical signal to a speaker), (b) electronic circuits, connected to the microphone, configured to amplify the electrical signal (Paragraphs: 0017 and 0057-0058: Moller discusses how a hearing aid includes an input unit such as a microphone; and a signal processing unit which include amplifier that is adapted to apply a frequency dependent gain to the input audio signal), (c) produce vibrations in the flexible substrate from the amplified electrical signal (Paragraph: 0058: Moller discusses how an output transducer such as a loudspeaker/receiver for providing an air-borne acoustic signal to a vibrator for providing a structure-borne or liquid-borne acoustic signal), and (d) a power source, connected to the microphone and the electrical circuits (Paragraphs: 0017 and 0061: Moller discusses a power source, which may be rechargeable, communication devices such as transmission and reception devices, or any other kinds of electronic components (i.e. obvious to include microphone and the electrical circuits) needed in a hearing aid),
Moller discloses the invention set forth above but does not specifically point out “an actuator, connected to the electronic circuits, configured to produce vibrations”
ANDERSSON however discloses an actuator, connected to the electronic circuits, configures to produce vibrations (Paragraphs: 0037, 0043 and 0047: ANDERSON discusses how the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Moller, and modify a system wherein an actuator, connected to the electronic circuits, configures to produce vibrations, as taught by ANDERSSON, thus the hearing prosthesis system converting received sound into vibrations to treat hearing loss, as discussed by ANDERSSON.
Moller in view of ANDERSSON fail to disclose “a flexible substrate configured to be attached to skin outside an ear of a patient solely by contact of the flexible substrate with the skin”
Westerkull however disclose a flexible substrate configured to be attached to skin outside an ear of a patient solely by contact of the flexible substrate with the skin (Paragraphs: 0009 and 0019-0020: Westerkull discusses a hearing aid systems that includes an adhesively attachable interconnection unit to connect the hearing aid to the skin behind the ear; and how in the hearing aid system of the present invention, the positioning tool includes a flexible rubber material which may be an efficient way of creating a suitable positioning tool and specifically a suitable connection force of the holder portion).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Moller and ANDERSSON, and modify a system wherein a flexible substrate configured to be attached to skin outside an ear of a patient solely by contact of the flexible substrate with the skin, as taught by Westerkull, thus improving the wearing comfort and making the hearing aid system straightforward and easy to use, as discussed by Westerkull.
Regarding claim 6, Moller discloses a method of treating conductive hearing loss with a flexible conductive hearing aid having a flexible substrate (Paragraphs: 0017-0019 and 0032: Moller discusses a hearing aid with a flexible substrate), the method comprising: amplifying the electrical signal, to produce an amplified electrical signal (Paragraphs: 0017 and 0057-0058: Moller discusses how a hearing aid includes an input unit such as a microphone; and a signal processing unit which include amplifier that is adapted to apply a frequency dependent gain to the input audio signal), and producing vibrations in the flexible conductive hearing aid from the amplified electrical signal (Paragraph: 0058: Moller discusses how an output transducer such as a loudspeaker/receiver for providing an air-borne acoustic signal to a vibrator for providing a structure-borne or liquid-borne acoustic signal).
Moller discloses the invention set forth above but does not specifically point out “producing an electrical signal from ambient sound”
ANDERSSON however discloses producing an electrical signal from ambient sound (Paragraphs: 0061 and fig.6A, 626: ANDERSSON discusses how the sound capture device such as a traditional microphone receives sound pressure waves corresponding to an ambient noise (such as. a speaker's voice) and transduces the sound pressure waves into an electrical signal)
Moller in view of ANDERSSON fail to disclose “attaching the flexible conductive hearing aid to skin outside an ear of a patient solely by contact of the flexible substrate with the skin”
Westerkull however disclose attaching the flexible conductive hearing aid to skin outside an ear of a patient solely by contact of the flexible substrate with the skin (Paragraphs: 0009 and 0019-0020: Westerkull discusses a hearing aid systems that includes an adhesively attachable interconnection unit to connect the hearing aid to the skin behind the ear; and how in the hearing aid system of the present invention, the positioning tool includes a flexible rubber material which may be an efficient way of creating a suitable positioning tool and specifically a suitable connection force of the holder portion).
Regarding claim 22, Moller discloses a flexible conductive hearing aid, comprising: (i) a flexible substrate (Paragraphs: 0032 and 0066: Moller discusses flexible substrate at the ear of a hearing aid), (ii) components, on or in the flexible substrate (Paragraph: 0032: a flexible substrate), including a microphone, configured to produce an electrical signal from sound (Paragraphs: 0055 and 0057-0058: Moller discusses how a hearing aid with a microphone behind the ear leading an electrical signal to a speaker), electronic circuits, connected to the microphone, configured to amplify the electronic signal (Paragraphs: 0017 and 0057-0058: Moller discusses how a hearing aid includes an input unit such as a microphone; and a signal processing unit which include amplifier that is adapted to apply a frequency dependent gain to the input audio signal), produce vibrations in the flexible substrate from the amplified electrical signal (Paragraph: 0058: Moller discusses how an output transducer such as a loudspeaker/receiver for providing an air-borne acoustic signal to a vibrator for providing a structure-borne or liquid-borne acoustic signal), and a power source, connected to the microphone and the electrical circuits (Paragraphs: 0017 and 0061: Moller discusses a power source, which may be rechargeable, communication devices such as transmission and reception devices, or any other kinds of electronic components (i.e. obvious to include microphone and the electrical circuits) needed in a hearing aid).
Moller discloses the invention set forth above but does not specifically point out “an actuator, connected to the electronic circuits, configured to produce vibrations”
ANDERSSON however discloses an actuator, connected to the electronic circuits, configures to produce vibrations (Paragraphs: 0037, 0043 and 0047: ANDERSON discusses how the actuator converts the electrical signals into mechanical vibrations for delivery to the recipient's skull).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Moller, and modify a system wherein an actuator, connected to the electronic circuits, configures to produce vibrations, as taught by ANDERSSON, thus the hearing prosthesis system converting received sound into vibrations to treat hearing loss, as discussed by ANDERSSON.
Considering claim 3, Moller further discloses the flexible conductive hearing aid of claim 1, wherein (b) the electrical circuits comprise at least 2 amplifiers (Paragraphs: 0017 and 0027: Moller discusses a hearing assistance electronics, including a filter and an amplifier, i.e. obvious to have more than one amplifier based on a design choice).
Considering claim 4, Moller further discloses the flexible conductive hearing aid of claim 1, wherein the components further comprise an antenna, connected to the power source; and the power source is a battery (Paragraphs: 0059 and 0074: Moller discuses hearing aid by including electrical components such as battery, antenna, or combinations hereof).
Considering claim 5, Moller further discloses the flexible conductive hearing aid of claim 1, wherein (c) the actuator comprises a piezoelectric material (Paragraphs: 0032 and 0053: piezoelectric actuator).
Considering claim 8, Moller further discloses the method of claim 6, wherein the patient is a pediatric patient or an adult having hearing joss (Paragraphs: 0017 and 0027: Moller discusses how the hearing loss may be age dependent and/or noise induced; and how the compensation could be achieved by hearing assistance electronics).
Considering claim 9, Moller further discloses the method of claim 6, wherein the patient is at most 5 years old (Paragraphs: 0027, 0031 and 0057: Moller discusses how a hearing aid design to compensate for a hearing loss of the user, i.e. it would have been obvious that the hearing aid can be design for any age including for kids at most 5 years old).
Considering claim 10, Moller further discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid is configured to be powered wirelessly or recharge wirelessly (Paragraphs: 0032, 0066 and 0074: Moller discusses a flexible substrate at the ear of a hearing aid; and discloses wireless communication devices included in the hearing aid, such as. an inductive coil/ inductive link, i.e. for wireless power transfer).
Considering claim 11, Moller discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid has a width of at most 5 cm, length of at most 5 cm, and a thickness of at most 1 mm (Paragraphs: 0032, 0066 and 0075-0076: Moller discusses flexible substrate at the ear of a hearing aid; how it is possible to provide a single-size housing with a variety of dome sizes to achieve the best combination of dome and housing for the individual user).
Considering claim 12, Moller discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid has a width of at most 3 cm, length of at most 2 cm, and a thickness of at most 600 um ((Paragraphs: 0032, 0066 and 0075-0076).
Considering claim 14, ANDERSSON discloses the flexible conductive hearing aid of claim 1, wherein when the flexible conductive hearing aid is in contact with human skin, at least 50% of the vibrations are transmitted to the human skin (Paragraphs: 0034, 0044 and 0071: ANDERSSON discusses how vibrations generated by the actuator are transferred from the actuator, into the skin directly from the actuator and/or through a housing of the device, through the skin of the recipient; and how the plate or other component of the implantable component vibrates in response to vibration transmitted through the skin, i.e. it is obvious that 50% of the vibrations can be transmitted to the human skin based on design choice).
Considering claim 15, ANDERSSON discloses the flexible conductive hearing aid of claim 1, wherein when the flexible conductive hearing aid is in contact with human skin, at least 90% of the vibrations are transmitted to the human skin (Paragraphs: 0034, 0044 and 0071: ANDERSSON discusses how vibrations generated by the actuator are transferred from the actuator, into the skin directly from the actuator and/or through a housing of the device, through the skin of the recipient; and how the plate or other component of the implantable component vibrates in response to vibration transmitted through the skin, i.e. it is obvious that 90% of the vibrations can be transmitted to the human skin based on design choice).
Considering claim 17, Moller discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid is configured to filter noise from the electrical signal or amplified electrical signal (Paragraphs: 0017 and 0057-0058: Moller discusses how a hearing aid includes an input unit such as a microphone; and a signal processing unit which include amplifier that is adapted to apply a frequency dependent gain to the input audio signal).
Considering claim 19, ANDERSSON discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid comprises multiple actuators (Paragraphs: 0049-0053: ANDERSSON discusses conduction device in that the vibrating actuator 342 and 452).
Considering claim 23, Westerkull discloses the flexible conductive hearing aid of claim 22, wherein the flexible substrate is configured to be attached to skin on a skull of a patient solely by contact of the flexible substrate with the skin (Paragraphs: 0009 and 0019-0020: Westerkull discusses a hearing aid systems that includes an adhesively attachable interconnection unit to connect the hearing aid to the skin behind the ear; and how in the hearing aid system of the present invention, the positioning tool includes a flexible rubber material which may be an efficient way of creating a suitable positioning tool and specifically a suitable connection force of the holder portion).
3. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moller et al. (US 20180192211) in view of ANDERSSON et al. (US 20150110322) and in view of Westerkull et al. (US 20170208404) and further in view of Meskens et al. (US 20150382115).
Considering claim 13, Meskens further discloses the flexible conductive hearing aid of claim 1, wherein the flexible conductive hearing aid produces an output force level at the actuator of at least 60 dB (Paragraphs: 0006 and 0013: Meskens discusses how the actuator in hearing aid is a piezoelectric actuator, such as a stacked piezoelectric actuator operating substantially over the audio frequency spectrum; and one or more mass elements are attached to the actuator to modify output force levels, i.e. it would have been obvious to modify the output force level to any dB level including at least 60dB).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Moller, ANDERSSON and Westerkull, and modify a system wherein the flexible conductive hearing aid produces an output force level at the actuator of at least 60 dB, as taught by Meskens, thus deliver actuator drive signals to the actuator, and extract non-used energy from the actuator and to store the non-used energy for subsequent use by the actuator, as discussed by Meskens.
4. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moller et al. (US 20180192211) in view of ANDERSSON et al. (US 20150110322) and in view of Westerkull et al. (US 20170208404) and further in view of RASMUSSEN et al. (US 20100195858).
Considering claim 16, Moller, ANDERSON and Westerkull fail to disclose claim 16. RASMUSSEN however discloses the flexible conductive hearing aid of claim 6, wherein the flexible conductive hearing aid has a weight of at most 3 grams (abstract and Paragraph: 0015: RASMUSSEN discusses the advantage of allowing the hearing device to be small and light-weight, thus providing an improved wearing comfort, i.e. it would have been obvious to design the hearing aid to weight 3 grams or less based on a design choice)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Moller, ANDERSSON and Westerkull, and modify a system wherein the flexible conductive hearing aid has a weight of at most 3 grams, as taught by RASMUSSEN, thus providing an improved wearing comfort to the user and compensates a person's loss of hearing capability, as discussed by RASMUSSEN.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-6, 8-17, 19 and 22-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicants argue the prior arts of the record silent regarding a method of treating conductive hearing loss including attaching the flexible conductive hearing aid to skin outside an ear of a patient solely by contact of the flexible substrate with the skin.
Examiner respectfully disagrees. The newly found art (Westerkull et al.) discloses how a hearing aid systems includes an adhesively attachable interconnection unit to connect the hearing aid to the skin behind the ear; and how the hearing aid system of the present invention, the positioning tool includes a flexible rubber material which may be an efficient way of creating a suitable positioning tool and specifically a suitable connection force of the holder portion (Westerkull: Paragraphs: 0009 and 0019-0020). Therefore, the prior arts of the record disclose the argued claims limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571) 272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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